BYLAWS

Constitution

The objects of the Public and Private Workers of Canada (hereinafter referred to as the National Union) shall be to obtain and maintain a living wage for its members, including equal pay for equal work for all members.

Preamble: The by-laws of this chartered local shall not be inconsistent with any of the provisions of the constitution of the Public and Private Workers of Canada and shall contain the following provisions.

Note: if there is any dispute or discrepancy between these by-laws and those printed by the Local union, the by-laws printed by the Local union shall prevail.

Article I - Purpose

The purpose of this local shall be to promote and protect the social, physical and economic welfare of its members, to bargain collectively and in good faith with the employers of its members in the best interest of its membership. To this end no member shall wrong another, nor see another wronged if it is in his or her power to prevent it.

Article II - Jurisdiction

Jurisdiction shall be as outlined in Section 3 of the National Constitution of the Public and Private Workers of Canada.

Article III - Membership

a) Application for membership in the local union shall be made in writing on the approved form and may be accepted from the applicant by a local officer or his designate only.

b) All applications for membership shall be subject to approval by the local union. For this purpose, all applicants for membership will attend a general membership meeting within 60 days of the date of the application unless excused for good reasons. The plant chairperson in each unit shall inform applicants of such obligation.

c) All retired members shall be granted the full privileges of active members except the right to vote and to hold office. They pay no dues.

Article IV - Initiation Fees, Dues and Assessments

Section 1 – Initiation Fees

a) Prior to certification being granted, initiation fees shall be waived.

b) The initiation fee for Local 5 shall be ten dollars ($10.00) and shall be paid with the first month’s dues.

c) Initiation fees for members in good standing from any PPWC Local shall be waived provided a withdrawal or transfer form is submitted.

d) All initiation fees shall be deposited to the emergency fund.

Section 2 – Dues

a) The monthly dues for a member of Local 5 shall be two (2) hours times the members assigned classification rate, with a minimum amount of $25.00 (twenty-five dollars) per month.

b) Membership dues in an uncertified unit shall be equivalent to the national per capita tax.

c) Dues become payable on the first day of each month, and the local union may, but is not obliged to, inform members of pending delinquency. This section will be waived for those members who have been subjected to work stoppage of more than fifteen (15) calendar days in that month.

d) Casual workers who work less than forty (40) hours a month shall pay reduced dues of one (1) hour pay per month.

e) Casual workers who work less than twenty five (25) hours a month shall pay reduced dues of one half (1/2) hour pay per month.

f) If due to a bona fide sickness, a member of Local 5 works less than forty (40) hours in any calendar month, he or she shall not apply dues for that month.

g) It is the responsibility of the plant Chairperson to supply and countersign rebate forms where necessary.

Section 3 – Assessments

a) Any member who does not pay his or her dues, fines or assessments, is at midnight of the sixtieth (60th) day, following the day such dues, fines or assessments become due or payable, automatically suspended from membership. While under suspension, a member forfeits all rights, benefits and privileges of any and all kind provided by the national constitution or local by-laws. The forgoing does not apply to members of a unit prior to certification. A suspended member shall be reinstated upon payment of all monies owing plus a reinstatement fee of $10.00 (ten dollars). The provisions of Article XI do not apply to suspension under this section.

b) The local union shall have the right to levy on its members for special purposes, such assessments as may be determined by a two-thirds (2/3) majority vote of the members at a membership meeting, provided notice of assessment has been posted at least 7 (seven) days prior to the vote.

Article V - Local Officers and Elections (sections 1 & 2)

The officers of this Local shall be:

  • President
  • Corresponding Secretary
  • Financial Secretary
  • Industrial Health & Safety Committee Chair
  • Vice-President
  • Recording Secretary
  • National Executive Board Member
  • Trustee (3 positions)
  • Union Counsellor
  • Treasurer
  • Alternate National Executive Board Member
  • Warden (2 positions)

Section 2 – Duties of Officers

a) The President

  • Shall be responsible for all activities of the local
  • Chair all meetings of the local
  • See that all officers of the local perform their duties to the satisfaction of the membership
  • Rule on all questions of order, subject to appeal by the membership
  • Be a signing officer of the local

b) The Vice-President

  • Shall chair all meetings of the local Executive Board
  • Assume the duties of the President in his/her absence
  • Perform any duties of assistance to the President
  • Be a signing officer of the local

c) The Recording Secretary

  • Shall keep minutes of all local meetings

d) The Corresponding Secretary

  • Shall conduct the correspondence of the local
  • Present correspondence at local meetings
  • Maintain a file of local correspondence

e) The Financial Secretary

  • Shall be responsible for the day to day financial activities of the local
  • Keep an accurate record of all monies received and spent
  • Give a monthly financial report to the general membership meeting
  • Prepare the local’s financial records for annual audit
  • Be a signing officer of the local

f) The Treasurer

  • Shall be responsible for reporting the overall financial health of the local
  • Make recommendations, of a long term nature, regarding the local’s finances
  • Interface with the trustees regarding the local’s financial status
  • Be a signing officer of the local

g) The Trustees

  • Shall be responsible for conducting all elections in the local
  • Ensure that the Financial Secretary and/or Treasurer are bonded in an amount sufficient to protect the funds of the local
  • Ensure that the local’s financial records are audited annually by an independent auditor approved by the local

h) The Wardens

  • Shall ensure that all members at meetings are entitled to remain
  • Ensure that all members present sign the attendance book
  • Assist in maintaining order at all meetings
  • Perform any other duties which may be requested by the Chair

i) Union Counsellor

  • The local Union Counsellor shall be a full-time employee of Local 5, elected annually under the terms laid out for election of local officers
  • The Union Counsellor shall be responsible to the local Executive Board and shall act upon instructions issued by local officers
  • The Union Counsellor shall be bondable and is to discharge his/her duties in accordance with the terms of reference as set down by the local Executive Board, to be signed by him/herself and approved by the membership
  • The Union Counsellor shall maintain a log book on a daily basis

j) The National Executive Board Member

  • Shall attend all meetings of the National Executive Board
  • Shall communicate all local concerns to the National Executive Board
  • Report to the local the proceedings of the National Executive Board meetings

k) The Industrial Health & Safety Chair

  • Shall be the local’s spokesperson in all matters concerning health and safety and environmental issues
  • Attend conferences and conventions as requested by the local Executive Board

l) Confederation of Canadian Unions Representative

  • Shall attend in town meetings of the CCU Executive Board
  • Shall attend out of town meetings with the approval of the local Executive Board
  • Shall communicate all Local concerns to the CCU Executive Board
  • Shall report to the local the proceedings of the CCU Executive Board meeting
Article V - Local Officers and Elections (sections 3 & 4)

a) The officers of this local shall be elected annually and the term of office shall be April 1st to March 31st of the following year. However, the term of office for trustees shall be three (3) years, with one (1) elected each year.

b) In the event of a change of Financial Secretary and/or Union Counsellor, the incumbent will be expected to serve in an advisory capacity for a period of up to thirty (30) days, if deemed necessary by the local Executive Board.

c) Any officer intending to resign shall notify the local in writing at the earliest possible date. Following the resignation and/or vacancy, for any reason of a local officer, elections will be called within sixty (60) days. Any officer may be nominated to fill such a vacancy and yet it is not necessary that he/she resign his/her office. Should he/she be elected, his/her previous office becomes vacant automatically.

d) Any table officer who absents him/herself from 4 (four) consecutive meetings (executive or general membership) without reasonable excuse may be suspended or his/her office declared vacant. Such decision shall require a majority vote at a general membership meeting after Notice of Motion has been posted 7 (seven) days prior to the meeting.

e) No member of Local 5 promoted to a staff position outside a bargaining unit shall hold office in this local while in that position.

f) Any officer who resigns, is recalled, or for any reason ceases to hold office, shall immediately upon termination of his/her position or office, turn over to the local union all property of the local union in his/her possession.

Section 4 – Election of Officers

a) Nominations of candidates for local office shall be opened at the regular membership meeting in January or in the event of no quorum, as soon thereafter as a quorum is obtained, and shall close at the next regular membership meeting.

b) With the exception of newly organized units, a nominee for local office or convention delegate must have been a member in good standing with the national union for a period of at least one (1) year and a member in good standing in Local 5 for a period of at least one (1) year immediately prior to his/her acceptance of nomination.

c) Elections of the nominated candidates for local office shall be held in all units where this local is the certified bargaining agent.

d) Convention delegates are to be nominated and elected at a general membership meeting by secret ballot 3 (three) months prior to convention. Pending nominations of elections shall be posted in all units for at least seven (7) days.

e) Conference delegates are to be nominated and elected at a general membership meeting by secret ballot. When possible, notice of nominations shall be posted in all units for at least seven (7) days prior to the meeting.

f) Candidates nominated for union office shall have their names, previous union experience and place of employment posted on the bulletin boards of all units within the local’s jurisdiction, such notice to be posted for at least two (2) weeks prior to the start of balloting.

g) The three (3) trustees shall conduct all Local 5 elections and referendum votes. In the event any or all trustees are running in an election and are therefore not available, the Executive Board shall designate Returning Officers accordingly. No member running for office shall be eligible to act as a Returning Officer, however.

h) Voting lists shall be prepared by the trustees and office staff. The trustees shall determine the number of ballots required and have them printed. Counterfoil ballots are to be used. Candidates nominated for union office shall make available their names and a short biography which includes previous union experience and place of employment.

i) The Standing Committee in each unit will be responsible for the balloting. In the event that any Standing Committee members are running for office, the trustee(s) shall designate alternates. The trustee(s) shall lock the ballot box in the presence of a member who is not running for office. Each plant chairperson will be notified by the trustees as to when and where to pick up the ballots, ballot box and voting list. The trustee shall lock the ballot box in the presence of a member not running in the election.

j) There shall be four (4) consecutive days of voting in each unit to be determined by the local Executive Board. The unit (plant) chairperson (or his/her designate) shall issue a ballot to each member on the voting list after the member has signed the ballot counterfoil and the voting list. In the event that a member in good standing has been omitted from the voting list, the unit chairperson is authorized to issue a ballot upon receiving the required signatures from the individual concerned.

k) Those members responsible for balloting shall seal the ballot box at the close of balloting and place their signatures on the seal. It will be their duty to transport the sealed ballot box together with the voting list and all unused ballots, or see that they are transported to the trustees not later than 4:30 p.m. on the day following the last day of balloting.

l) On the day following the last day of balloting the trustees shall check the unit voting lists and ballots for discrepancies. The ballots will then be tabulated on a local basis. All unit (plant) chairpersons will receive a written notification of the results of the election or referendum, on a local basis, for posting on bulletin boards.

m) Any unit which fails to comply with the forgoing rules shall not have any ballots counted.

n) All ballots and voting lists shall be held by the trustees for a period of at least thirty (30) days after an election or referendum. A motion to destroy the ballots and voting lists shall be in order at the first general membership meeting held following the expiry of the thirty (30) day period, providing no written request for a recount has been received by the trustees.

o) The offices of Recording Secretary and Corresponding Secretary may be amalgamated at the Local’s discretion.

p) The offices of Financial Secretary and Treasurer may be amalgamated at the Local’s discretion.

Article VI - Unit Committees and Elections

Section 1 – Initiation Fees

a) Each certified unit shall maintain a Standing Committee in the following manner:

  • 75 members and under – Unit Chairperson and Secretary
  • 76 to 150 – Unit Chairperson, Secretary, and one (1) member at large
  • Over 150 members – Unit Chairperson, Secretary, and two (2) members at large
  • Each unit may elect alternate members

b) Annual election of unit committees shall be held in all units where this local is the certified bargaining agent. Such elections are to take place not later than April and will be conducted in the following manner:

  • Unit Chairpersons shall appoint two (2) scrutineers who will not be running in the election
  • The scrutineers will post a list for nominations for two (2) weeks prior to the election. Such list shall be made available by the local.
  • Voting by secret ballot will take place on four (4) consecutive days following the conclusion of nominations.
  • Any member in good standing is eligible to accept one nomination to the Unit Committee and be entitled to a secret vote.
  • The scrutineers shall count the ballots at the conclusion of voting and advise the unit and local of the results.

c) The term of office for unit committees shall be one (1) year. The existing committee shall nevertheless finish any pending negotiations and/or arbitration cases.

d) It shall be the responsibility of the unit committee to:

  • Represent its members in matters such as contract negotiations, grievances and arbitrations
  • Represent its members at the local Executive Board meetings where they shall be expected to attend and vote
  • Post all official correspondence from the local or national executive.
Article VII - Shop Stewards

Each unit shall maintain a shop steward structure. Stewards will be elected annually at the same time as unit committees under the procedure outlined in Article VI.

Article VIII - Meetings

a) All meetings shall commence sharply on the stated hour that the meeting has been called for and shall adjourn two (2) hours later unless extended by vote.

b) Regular membership meetings shall be held at least once monthly

c) A special membership meeting may be called by the President of the local or a petition of the majority of the members of any one unit

d) Eight (8) members of the local shall constitute a quorum at any membership meeting

e) The Executive Board shall meet at least once a month.

f) Five (5) Executive Board members shall constitute a quorum at an Executive Board meeting.

g) Meetings shall be conducted in accordance with Robert’s Rules of Order.

Article IX - Contracts

All contracts and contract changes shall be referred to the members concerned and approved by a secret ballot vote before signing.

Article X - Strikes and Lockout

a) When a strike vote is conducted in any unit within the jurisdiction of the local it shall be by secret ballot vote

b) No strike notice shall be served on any company without prior approval of the local Executive Board

c) Strike pay shall be paid in compliance with the national constitution.

Article XI - Discipline

a) The local union has the right to discipline any member for a violation of the national constitution, local by-laws, decision of the regular or special membership meetings or the working rules only after a fair hearing and a majority vote at the local union meeting.

b) The accused shall have the right to have a member of the local union act as his/her counsel

c) The local union, after such hearing shall, if the accused is found guilty, have the right to impose any or all of the following penalties:

  • Reprimand the member
  • Assess the member to a maximum of $200.00 (two hundred dollars) for each violation
  • Recommend to the national convention that the member shall be expelled. Any member found guilty and recommended for expulsion will be ineligible to hold office

d) The person(s) shall have the right to appeal to the next national convention only after written notification has been received by the national union and the local union concerned, at least thirty (30) days prior to the date of the national convention, and if less than thirty (30) days, this appeal will be referred to the next national convention unless good and sufficient cause is shown for abridgment of this time limit. The person(s) shall have the right to choose a member of the national union to act as his/her counsel. However, the decision of the local union shall stand unless and until reversed on appeal.

e) The national convention has the power to expel upon recommendation of the local union as fore said, and in any appeal may:

  • Affirm the conviction and the penalty imposed
  • Affirm the conviction and substitute another penalty for the penalty imposed
  • Reverse the conviction and order the local union to repay fine or fines and costs incurred
Article XII - Finances

a) The signing officers of the local shall be the President, Vice-President and Financial Secretary or Treasurer. All cheques drawn on the local’s accounts shall be signed by the Financial Secretary or Treasurer and either one of the other two (2) signing officers.

b) The Financial Secretary and/or Treasurer where applicable, shall be bonded in the amount decided upon by the local union by a recognized surety company and approved by the local union.

c) No motion which shall incur the expenditure of more than $500.00 (five hundred dollars) shall be voted on at a general membership meeting without a Notice of Motion having been posted in all units detailing the expenditures for at least 7 (seven) days prior to the vote. The only exception to the above would be a motion concerning withdrawal of money from the Emergency Fund which is governed by Article XIII – Emergency Fund.

d) Between general membership meetings and only under urgent circumstances, the table officers shall be empowered to spend a maximum of $1,0000.00 (one thousand dollars). Details of such expenditures must be reported to the next general membership meeting.

e) The Financial Secretary is authorized to make payments for all recurring expenditures of the local union.

f) No individual member of Local 5 shall incur costs to the local without approval of the general membership or the executive board by:

  • retaining legal counsel
  • agreeing to any arbitration proceedings
  • initiating any other endeavors which incur extra costs to this local, e.g. room rental, purchase of equipment, etc.

g) An accredited delegate of this local attending conferences or conventions that are held at locations where no travel or lodging expenses are incurred shall receive pay lost from his/her job while attending such conference or convention.

h) An accredited delegate of this local attending conferences or conventions that are held at locations where travel and lodging expenses are incurred shall receive pay lost from his/her job while attending such conferences or conventions plus the resulting travel and lodging expenses. Travel expenses will be equal to the regular economy return air fare. Receipts for lodging expenses must be presented for payment.

i) A per diem allowance will be paid to a member who spends a full day on bona fide union business in accordance with the applicable rate:

  • In town – $15.00
  • Out of town – $45.00
  • In town parking – as receipted

j) Staff salaries and health and welfare benefits will be annually reviewed at the December executive board meeting. Any adjustments will be ratified at the following meeting and become effective January 1st thereafter.

The Union Counsellor shall be paid as per section 8 (a) of the national constitution, which reads:

“The salaries of the full time Officers in the National Union shall be their hourly rate as negotiated in their Local’s Agreement, not less that the Tour Duty Mechanic’s rate as per the Joint Labour Agreement.”

k) The Union Counsellor shall receive a monthly mileage allowance as set by the national constitution, to a maximum of $400.00 (four hundred dollars). The Union Counsellor shall keep a log of his/her monthly mileage. The Union Counsellor shall submit a voucher to the Financial Secretary for payment. The local will pay the business use insurance for his/her car. This allowance to be reviewed coincidentally with the staff salaries.

l) The annual audit of all funds and possessions of Local 5 shall be made by an independent accountant.

Article XIII - Emergency Fund

a) A minimum of $20.00 (twenty dollars) per member shall be kept in the local emergency fund.

b) Monies paid out of the emergency fund shall be paid only to or on behalf of PPWC members idled by strike or lockout when the local union has sanctioned such payment.

c) A Notice of Motion shall be posted for 7 (seven) days in all units before a vote on any withdrawal of more than $1,000.00 (one thousand dollars) from the emergency fund.

Article XIV - By-Law Changes

Local union by-laws may be amended by two-thirds (2/3) majority vote at any meeting providing that Notice of Motion giving details of the amendment has been posted at least seven (7) days prior to the vote.

All provisions of all chartered local union by-laws not contained herein shall be of no effect until approved in writing by the national executive board.

The national constitution shall take precedence over these by-laws.

By-laws are ratified by the national union of the Public and Private Workers of Canada.

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