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.
That a fixed amount of a $800.00 a month of dues collected by the Local
will be allocated to the Local Contingency Fund until such time as the
Contingency Fund has reached a positive balance of $375 (three hundred
and seventy five dollars) per member. When the Contingency Fund is used
to pay members who actively participate in legal strike action, eligible
members will be paid at the rate of $75.00 (seventy five dollars) per
member per day of picketing, until such time as the Fund has been exhausted.
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:
President
Vice-President
Secretary
Treasurer
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
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.
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:
Select a Chairperson;
Obtain a complete slate of consenting officers for office.
Said slate shall be presented to the annual meeting and
the Elections Chairperson.
The Regional Vice-President shall be the Elections Chairperson.
Said Chairperson can call for and accept nominations
from the floor in addition to the slate presented by
the Nominating
Committee;
Said Chairperson shall ensure that the
nominees indicate their willingness to serve if elected;
Said
Chairperson shall request a motion to close nominations
after the third call;
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:
preside at all meetings of the Executive Committee;
preside at general membership meetings, annual membership
meetings and special membership meetings;
be a member ex officio of all committees;
interpret and enforce the due observation of the Local
By-Laws;
convene special meetings of the Local or Executive Committee;
ensure that the Executive Committee carries out the approved
directives from the membership in accordance with the
Local By-Laws;
report to the Executive Committee and keep its members
fully informed;
vote only in the case of a tie.
Section 2
The Vice-President shall:
perform all the duties pertaining to the office of the
President in the absence of the President;
attend meetings of the Executive Committee;
perform such duties as may be assigned by the President.
Section 3
The Secretary shall:
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;
forward promptly to the President and/or the Executive
Committee all applicable correspondence and documents as
received;
be responsible for all official documents of the Local;
forward a copy of all membership meeting minutes to
the Union of Environment Workers and the Regional Vice-President;
perform such other duties as may be assigned by the
President.
Section 4
The Treasurer shall:
be responsible for the funds of the Local;
deposit funds in a chartered bank or trust company;
disburse payment of all just debts of the Local;
prepare a statement for the general membership meetings,
the form of which shall be approved by the Executive Committee;
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;
forward a balance sheet and financial report to the
Union of Environment Workers for formal auditing;
have the financial records of the Local at the disposal
of the Executive Committee at all times;
attend meetings of the Executive Committee.
Section 5
The Directors shall:
attend meetings of the Executive Committee;
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:
shall meet not less than quarterly, on dates agreed
upon by the Executive Committee;
shall meet upon the call of the President;
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:
perform an annual audit of the financial records of the
Local;
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:
thirty (30) days' notice in writing has been given
to the membership;
there is approval by a two-thirds (2/3) majority vote
of the members in attendance;
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:
"may" is to be construed as permissive;
"shall" is to be construed as imperative;
"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:
