By-Laws

Local 70713 By-Laws
AS OF FEBRUARY 23, 1998 (Updated January 4, 2010)

BY-LAW 1 – Title

This Local shall be known as Local 70713, Union of Environment Workers.

BY-LAW 2 – Objectives

Section 1

To organize the employees of the Department of Fisheries and Oceans who fall within the jurisdiction of Local 70713.

Section 2

To represent members of Local 70713 and employees of the Department of Fisheries and Oceans in accordance with prevailing legislation and Union of Environment Workers By-Laws.

Section 3

To conduct the affairs of the Local for the good and welfare of the members.

BY-LAW 3 – Membership

Section 1

Membership shall be open to all employees of Fisheries and Oceans, National Capital Region, as designated by the Union of Environment Workers, except such persons who are specifically prohibited by Sub-Section 1 of Section 4 of the Constitution of the Public Service Alliance of Canada, and by prevailing legislation.

Section 2

Upon being granted membership in the Local for the term of such membership, each member is deemed to have agreed to abide by these By-Laws, the By-Laws of the Union of Environment Workers and the Constitution of the Public Service Alliance of Canada.

Section 3

The receipt by the Public Service Alliance of Canada of the official form authorizing payroll deduction of dues shall constitute evidence of membership for the issuance of identification cards and for granting of all rights and privileges as outlined in the By-Laws of the Local, the By-Laws of the Union of Environment Workers and the Constitution of the Public Service Alliance of Canada.

Section 4

The membership dues shall not be less than the total dues as established by Convention of the Public Service Alliance of Canada and the Convention of the Union of Environment Workers, and the annual membership meeting of this Local.

Section 5

The amount of monthly dues payable by each member of this Local to the Local shall be determined by a two-thirds (2/3) majority vote at the annual membership meeting or at a special meeting, provided that one month’s notice is given to the general membership.

Section 6

It is the responsibility of each member to notify a steward or the Local office when he/she has a change of address.

BY-LAW 4 – The Executive Committee

Section 1

There shall be an Executive Committee composed of the following officers which shall be the governing and administrative body of Local 70713:

  1. President
  2. Vice-President
  3. Secretary
  4. Treasurer
  5. Up to one additional Director per 100 Local members.

Section 2

A majority of the Executive Committee shall constitute a quorum.

Section 3

The Executive Committee by a majority approval shall authorize the incurring of all just debts of the Local.

Section 4

The Executive Committee shall establish any committee necessary to conduct the affairs of the Local. The President shall be a member ex-officio of any committee so formed.

Section 5

Any member of the Executive Committee may be relieved of his/her duties on sufficient evidence that the Executive member is not performing said duties in the best interests of the Local. This action can be initiated on a majority vote at a meeting of the Executive Committee, or a General Membership meeting.

Section 6

The Executive Committee shall have the authority to fill a vacancy left by an officer during a term of office for the balance of that term.

Section 7

The Executive Committee shall deal with Departmental officials on matters affecting the interests of members of the Local. The Executive Committee shall also be empowered to initiate action on matters having broader effect than the interests of its own members, by submission in writing to the National Executive, or by resolution to the Triennial National Convention, or by submission in writing to the Area Council of the Public Service Alliance of Canada, whichever is appropriate.

BY-LAW 5 – Election of Officers

Section 1

The offices of President, Vice-President, Secretary, Treasurer and Directors, shall be filled by election at the annual membership meeting. These officers shall take office immediately after the close of the annual membership meeting and shall hold office until the end of the term for which they have been elected.

Section 2

  1. The offices of President, Treasurer and the first and third Directors (plus any other odd-numbered Directors, if applicable) shall be filled by election on odd years, and their term of office shall be for two (2) years.
  2. The offices of Vice-President, Secretary and the second and fourth Directors (plus any other even-numbered Directors, if applicable) shall be filled by election on even years and their term of office shall be for two (2) years.

Section 3

The Oath of Office shall be administered to all officers before taking office.

Section 4

Only members in good standing are eligible to hold office or vote for candidates seeking office in Local 70713.

Section 5

All elections conducted by the Local shall be by secret ballot. All elections conducted by the Local shall be decided by a simple majority.

Section 6

In the event of more than two candidates running for office, the candidate receiving the fewest number of votes shall be dropped from the ballot whenever a clear majority of the votes cast is not accorded any candidate. This procedure shall continue on each succeeding ballot for the office until a candidate receives the required majority.

Section 7

A Nominating Committee from the Local, of at least three members, shall be appointed by the Executive Committee.

Section 8

The Nominating Committee shall:

  1. Select a Chairperson;
  2. Obtain a complete slate of consenting officers for office. Said slate shall be presented to the annual meeting and the Elections Chairperson.
  3. The Regional Vice-President shall be the Elections Chairperson.
    1. Said Chairperson can call for and accept nominations from the floor in addition to the slate presented by the Nominating Committee;
    2. Said Chairperson shall ensure that the nominees indicate their willingness to serve if elected;
    3. Said Chairperson shall request a motion to close nominations after the third call;
    4. Said Chairperson shall be responsible for the orderly conduct of the election.

Section 9

The election of the President, Vice-President, Secretary, Treasurer, and the Directors shall proceed in that order.

Section 10

The nominator of a candidate for office, or in his/her stead the seconder of the nomination, shall have the right to address the meeting for a period not to exceed three (3) minutes.

Section 11

Candidates nominated for office shall have the right to appoint a scrutineer.

BY-LAW 6 – Duties of Officers

Section 1

The President shall:

  1. preside at all meetings of the Executive Committee;
  2. preside at general membership meetings, annual membership meetings and special membership meetings;
  3. be a member ex officio of all committees;
  4. interpret and enforce the due observation of the Local By-Laws;
  5. convene special meetings of the Local or Executive Committee;
  6. ensure that the Executive Committee carries out the approved directives from the membership in accordance with the Local By-Laws;
  7. report to the Executive Committee and keep its members fully informed;
  8. vote only in the case of a tie.

Section 2

The Vice-President shall:

  1. perform all the duties pertaining to the office of the President in the absence of the President;
  2. attend meetings of the Executive Committee;
  3. perform such duties as may be assigned by the President.

Section 3

The Secretary shall:

  1. be responsible for maintaining an accurate account of proceedings of the Executive Committee meetings, general membership meetings, the annual membership meetings and any other meetings called by the Executive Committee;
  2. forward promptly to the President and/or the Executive Committee all applicable correspondence and documents as received;
  3. be responsible for all official documents of the Local;
  4. forward a copy of all membership meeting minutes to the Union of Environment Workers and the Regional Vice-President;
  5. perform such other duties as may be assigned by the President.

Section 4

The Treasurer shall:

  1. be responsible for the funds of the Local;
  2. deposit funds in a chartered bank or trust company;
  3. disburse payment of all just debts of the Local;
  4. prepare a statement for the general membership meetings, the form of which shall be approved by the Executive Committee;
  5. prepare a balance sheet and a financial report signed by two (2) Local members in good standing (who are not Executive Committee Members) for the annual general membership meeting;
  6. forward a balance sheet and financial report to the Union of Environment Workers for formal auditing;
  7. have the financial records of the Local at the disposal of the Executive Committee at all times;
  8. attend meetings of the Executive Committee.

Section 5

The Directors shall:

  1. attend meetings of the Executive Committee;
  2. perform such duties as may be assigned by the President.

Section 6

On vacating the respective positions which they may hold, all officers of the Local shall deliver to the Secretary all funds, documents or other properties of this Local within ten days.

BY-LAW 7 – Meetings

Section 1

The Executive Committee:

  1. shall meet not less than quarterly, on dates agreed upon by the Executive Committee;
  2. shall meet upon the call of the President;
  3. shall meet upon a written request by a majority of the members of the Executive Committee.

Section 2 – General Membership Meetings

General membership meetings of the Local shall be held as required with a minimum of once a year.

Section 3 – Special Membership Meetings

The Executive Committee may call a special meeting of the Local and where possible, the membership shall receive at least seven (7) days’ notice in writing.

Section 4

An annual membership meeting shall be held for the purpose of receiving annual reports from the Executive Officers and Committee Chairpersons for the consideration of business required under the By-Laws and for the holding of annual elections of officers, to fill the offices of President, Vice-President, Secretary, Treasurer and Director(s).

Section 5

The annual membership meeting shall take place in January of each year. When it is deemed impractical to hold the meeting during January, it may be advanced or delayed for a period of not greater than one month in each case.

Section 6

The annual membership meeting shall have a quorum of seven (7) members in addition to the Executive Committee.

BY-LAW 8 – FACILITIES, QUARTERS, SPACE

Local 70713 may, with the approval of the National Executive, acquire by purchase or lease, quarters and facilities necessary for the conduct of the affairs of the Local. Cost of such space, quarters and facilities shall be borne by Local 70713.

BY-LAW 9 – FINANCES

Section 1

The financial records of the Local shall be audited annually and the audited statement of the Local’s finances shall be submitted to the Union of Environment Workers before March 1st of each year.

Section 2

The fiscal year of this Local shall be from January 1st to December 31st.

Section 3

The Local Executive shall approve three (3) signing officers, two (2) of whom shall sign all cheques. The signing officers shall be the Treasurer and any two (2) of the following: President, Vice-President, Secretary or Director, as delegated by the Local Executive.

Section 4

All officers with signing authority shall be bonded for an amount not less than $5,000 (five thousand dollars).

Section 5

All financial records of this Local shall be maintained in an approved manner as advised by the Union of Environment Workers.

Section 6

This Local shall not enter into any financial contractual understanding or agreement without prior approval by the National Executive.

Section 7

All financial records of this Local shall be retained for the legal period prescribed by the Income Tax Act as interpreted by the Minister of National Revenue.

Section 8

The Executive Committee shall select an auditor or auditors to:

  1. perform an annual audit of the financial records of the Local;
  2. present a report of their findings and recommendations to the annual membership meeting.

Section 9

Officers of the Executive Committee or appointees of the Executive Committee shall be reimbursed for just debts incurred while performing duties on behalf of the Local.

Section 10

Reimbursement of expenses or just debts incurred by Officers of the Executive Committee and/or their appointees shall be in accordance with schedule of expenses adopted by the Executive Committee.

BY-LAW 10 – By-Laws

Section 1

The By-Laws adopted by Local 70713 shall be consistent with the By-Laws of the Union of Environment Workers and the Constitution of the Public Service Alliance of Canada.

BY-LAW 11 – Standing Committees

Section 1

The Executive Committee may establish standing committees when required.

Section 2

The Executive Committee shall appoint standing committee chairpersons.

BY-LAW 12 – Conventions

Section 1

At least four months prior to the opening date of the Triennial Union of Environment Workers Convention, the Local shall elect from amongst its members at a membership meeting accredited delegates to the Convention on the basis of approved Union of Environment Workers By-Laws.

Section 2

The Local shall elect alternate delegates who shall attend the Union of Environment Workers Conventions in place of any accredited delegates who cannot attend.

Section 3

Immediately following the election of delegates as mentioned in Sections 1 and 2 of this By-Law, the Secretary shall submit to the President of the Union of Environment Workers, the names of the accredited delegates.

Section 4

The Local shall have the right to send observers to Union of Environment Workers’ Conventions. As required, the Local will supplement expenses incurred by Observers where funding by the Union of Environment Workers falls short. Observers shall not have the right to vote or to participate in debate at Union of Environment Workers’ Conventions.

Section 5

All participants shall submit a written report within two weeks as per guidelines established by the Local Executive.

BY-LAW 13 – Discipline

Section 1

The Local shall have the authority by a majority vote at a membership meeting to suspend or expel from Local Office any officer or member for contravening a provision of these By-Laws.

Section 2

The Officer or member so dealt with as provided for in Section 1 of this By-Law shall have the right to appeal said decision to the Union of Environment Workers.

BY-LAW 14 – Amendment of By-Laws

Section 1

These By-Laws may be amended at any Local meeting other than the Annual Membership Meeting provided that:

  1. thirty (30) days’ notice in writing has been given to the membership;
  2. there is approval by a two-thirds (2/3) majority vote of the members in attendance;
  3. there is a quorum of not less than seven (7) members in addition to the executive present when such amendment or amendments are voted upon. If no quorum is present, the presiding officer of the meeting shall adjourn the meeting to a date not less than thirty (30) days thereafter and the decisions made at the subsequent meeting shall be binding on members of Local 70713 regardless of the number of members present, provided that notice of the subsequent meeting is given by the Secretary in the manner herein provided.

BY-LAW 15 – General

Section 1

Unless expressly provided otherwise by these By-Laws, all decisions requiring a vote shall be decided by a simple majority.

Section 2

Nothing in these By-Laws shall be construed to conflict with the By-Laws of the Union of Environment Workers or the Constitution of the Public Service Alliance of Canada.

Section 3

The following interpretation shall apply in these By-Laws:

  1. “may” is to be construed as permissive;
  2. “shall” is to be construed as imperative;
  3. “the Local” shall be construed to refer to Local 70713, Union of Environment Workers.

BY-LAW 16 – Order of Business

Section 1

The following shall be the order of business at all general membership meetings or special membership meetings of this Local:

  1. Call to Order;
  2. Reading of Minutes;
  3. Business Arising from the Minutes;
  4. Reading of Correspondence;
  5. Report of Committees;
  6. Election of Officers;
  7. New Business;
  8. Adjournment.