Local By-laws

Canadian Union of Public Employees Local 3338

Adopted June 28, 2010

  1. Name
  2. Objectives
  3. Membership
  4. Units
  5. Local Officers and Executive Board
  6. Elections and Referenda
  7. Vacancies in Local Officers’ Positions
  8. Recall
  9. Duties of Executive Board and Local Officers
  10. Local Staff
  11. Duties of Local Committees
  12. Meetings
  13. Dues and Finances
  14. Approval of Collective Agreements
  15. Strikes and Lock-outs
  16. Discipline
  17. Procedure
  18. Representation at Local Functions
  19. Stipends

Prologue – Equality Statement

Union solidarity is based on the principle that union members are equal and deserve mutual respect at all levels. Any behaviour that creates conflict prevents us from working together to strengthen our union.

As unionists, mutual respect, cooperation and understanding are our goals. We should neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any individual or creates an intimidating, hostile or offensive environment.

Discriminatory speech or conduct which is racist, sexist, transphobic or homophobic hurts and thereby divides us. So too, does discrimination on the basis of ability, age, class, religion and ethnic origin.

Sometimes discrimination takes the form of harassment. Harassment means using real or perceived power to abuse, devalue or humiliate. Harassment should not be treated as a joke. The uneasiness and resentment that it creates are not feelings that help us grow as a union.

Discrimination and harassment focus on characteristics that make us different; and they reduce our capacity to work together on shared concerns such as decent wages, safe working conditions, and justice in the workplace, society and in our union.

CUPE’s policies and practices must reflect our commitment to equality. Members, staff and elected officers must be mindful that all sisters and brother deserve dignity, equality and respect.
– adopted by CUPE National, Nov. 2001

A. Name

This Local shall be known by name as “The Canadian Union of Public Employees Local No. 3338 (SFU)” and shall hereinafter be referred to as the “Local.”

B. Objectives

The objectives of the Local shall be the same as those provided in Article II, section 2.1 of the C.U.P.E. Constitution.

C. Membership

Application for membership in the Local shall be made in writing and may be accepted from the applicant by a Local Officer or designated authority. Each person signing an application for membership and paying the initiation fee will thereby agree to comply with the aims, principles, and policies of the Canadian Union of Public Employees.

D. Units
  1. All members of the Local are also members of a Unit. Each collective agreement between the local and an employer constitutes the membership of a Unit.
  2. Each Unit shall have the right to determine principles for the democratic governance of its meetings, including quorum, date, time and frequency of meetings, provided those rules comply with the Constitution and ByLaws of C.U.P.E. and of the Local.
  3. Units shall elect one person from among their membership to sit as a member of the Local’s Executive Board.
  4. Units shall elect a Contract Committee prior to the expiration of their contract for the purposes of negotiating a collective agreement.
  5. Units shall elect shop stewards as required, per their collective agreements. Units shall designate one steward to be the “Unit Steward.” The Unit Steward shall sit on the Local’s Grievance Committee.
  6. Units shall elect members to fulfill any committee obligations per their collective agreements.
  7. Units shall meet as needed to address issues pertaining to their Unit.

E. Local Officers and Executive Board
  1. As reference the C.U.P.E. Constitution B. 2.1 the Officers of the Local shall include the following: President, two (2) Vice-Presidents, Secretary-Treasurer, Recording-Secretary, two (2) Members-at-Large, two (2) Sergeants-at-Arm, and three (3) Trustees.
  2. As reference the C.U.P.E. Constitution B. 2.2 the Local shall have an Executive Board consisting of a President, two (2) Vice-Presidents, Secretary-Treasurer, Recording Secretary, two (2) Members-at-Large, and two (2) Sergeants-at-Arm. It will also include the Chief Steward, one representative elected from each of the Local’s Units, and chairpersons of the Local Committees.

F. Elections and Referenda
  1. The form of ballot for elections or referenda shall be either a polling station, mail-out ballot, electronic ballot, or a combination of these forms. At least fourteen (14) days prior notice of the election or referendum shall be given to the membership. In an election, the person receiving the largest number of votes in any election shall stand elected. Where only one (1) person stands for a position, a “yes” or “no” vote shall be canvassed: a majority of “yes” votes is required to stand elected.
  2. The Local Officers’ terms of office shall be for two (2) years, from January 1st to December 31st.
  3. At the first election of officers in the Local the Trustees shall be elected so that one shall serve for a period of three years, one for two years and one for one year.  Each year thereafter the Local Union shall elect one (1) Trustee for a three-year period or, in the case of vacancies occurring, elect Trustees to fill only the expired terms in order to preserve overlapping terms of office. Their terms shall run for three years from January 1 to December 31.
  4. A nominee for any office must be a member in good standing of the Local. No person shall hold the same Local Office for more than two (2) consecutive terms.
  5. The nomination of Local Officers shall commence in September and elections shall be concluded prior to the Annual General Meeting. The call for nominations shall include a period of at least fourteen (14) days.
  6. Election of Local Officers President, two (2) Vice-Presidents, Secretary-Treasurer, Recording Secretary, two (2) Members-at-Large, two (2) Sergeants-at-Arm, and three (3) Trustees, shall be by referendum vote. —The form of ballot for elections or referenda shall be either a polling station or mail-out ballot or electronic ballot or a combination of these forms. At least fourteen (14) days prior notice of the election or referendum shall be given to the membership. In an election the person receiving the largest number of votes in any election shall stand elected. Where only one (1) person stands for a position, a “yes” or “no” vote shall be canvassed: a majority of “yes” votes is required to stand elected.
  7. The two (2) Sergeants-at-Arm shall be responsible for the fair conduct of the balloting in all Local elections and shall be responsible for referenda.
  8. In the event that a Sergeant-at-Arms is running for office and is therefore not available to act as a returning officer, the Local Executive shall appoint a returning officer accordingly. No member running for office shall be eligible to act as a returning officer in that election. —Each candidate will be allowed one (1) scrutineer at the ballot count and at each polling station. The results of the vote will be announced as soon as possible after the election. —

    Any protest alleging “unfair ballot” or other irregularities must be presented in writing to the Recording Secretary of the Local within seven (7) days of the results of the vote being announced.  Upon receipt of such protest the Local Executive shall meet and if the protest is upheld another vote shall be conducted. —

    All ballots and voting lists shall be held by the Union Office for seven (7) calendar days following the election.

  9. The Communications Committee, Education Committee, Appreciation/Fundraising Committee, and Unit Bargaining Committees shall each elect from among its members a Chairperson to serve on the Local Executive, as well as an alternate who shall serve in the Chairperson’s absence. The Executive Board shall ratify the appointment of all Local Committee Chairs. —The Unit Stewards shall meet annually prior to the Annual General Meeting to elect from among themselves a Chief Steward, who will serve as Chairperson of the Grievance Committee and serve on the Local Executive Board, as well as an alternate who shall serve in the Chief Steward’s absence. —

    In the event that a Chairperson of any of these committees is recalled or resigns, a by-election to fill the vacancy will take place at a meeting of the members within each committee, following two week’s notice.

  10. No candidate may be elected to any office who is not present at the nominating meeting unless written consent to serve in the office if elected is presented to the officer presiding over that meeting at the time of nomination.

G. Vacancies
  1. Any Local Officer (except Trustee) will have her/his office declared vacant if she/he misses three (3) consecutive Executive meetings without prior regrets.
  2. By-elections shall be called by the Sergeants-at-Arm when positions elected by the membership at large become vacant unless such office becomes vacant within two months of the opening of annual elections, in which case the office shall remain vacant until the annual elections are held. —By-elections may be held at a Special General Meeting where the membership has received two weeks written notice. Close of nominations and method of vote to be held shall be decided by the Local Membership at that meeting.

H. Recall
  1. Any Steward may be recalled at any time by a majority vote, by secret ballot, of the members of the office or group which that Steward represents.
  2. The Chief Steward may be recalled by a majority vote, by secret ballot, of a meeting of all Stewards, or by the Local membership according to the procedure for recall of Officers. In the case of recall of the Chief Steward, the Stewards shall meet within two weeks to elect a new Chief Steward.
  3. Any Officer or representative of the Local may be recalled by referendum ballot of the Local membership according to the following procedures:
    1. Following receipt of a petition for recall signed by 25% of the Local membership, stating the specific complaints against the Officer, the Local Executive shall send written notice to all members, including a copy of the petition and a brief answer written by the Officer concerned, and announcing a Special General Meeting to discuss the recall. This notice shall be made two weeks prior to the meeting. At that meeting, the Officer and/or a member appointed by her/him shall have the right to speak in answer to the petition.
    2. The referendum for recall shall be held at a Special General Meeting. The ballot shall be carried out by the Sergeants-at-Arm in the usual manner.
    3. The Officer will be recalled if the motion for recall is approved by a majority of votes cast.

I. Duties of the Executive Board and Local Officers
  1. The Executive Board will:
    1. meet at least once a month; a majority of the Local Officers (excluding Trustees), and including at least two signing officers, constitutes a quorum;
    2. present for approval to the membership at the Annual General Meeting an operating
    3. budget which will include all expenditures foreseen by the Executive Board during the Union’s fiscal year (January 1st to December 31st);
    4. administer and carry out all work delegated to it by the Local;
    5. be empowered to appoint members to act as representatives on committees, and as delegates and alternates to     Conventions, meetings, and educational courses as provided for in these By-Laws;
    6. be authorized to pay ordinary and regular expenditures on behalf of the Local;
  2. The Local President shall preside at all meetings of the Local and the Executive Board, and shall be a member ex-officio of all committees and of all Units, and shall be responsible for co-ordination between the Committees and Units and the Executive. She/he shall perform such other duties as are consistent with the C.U.P.E. Constitution B.3.1.
  3. The Vice-Presidents shall assist the President, and shall assume the authority and duties of the President in her/his absence, as per the C.U.P.E. constitution B.3.2.  Where two (2) Vice-Presidents are duly elected, they shall be designated as “1st” and “2nd” Vice-President, by majority vote at an Executive meeting, with the “2nd Vice-President” serving in the absence of the “1st Vice-President”.
  4. The Recording-Secretary, as per the C.U.P.E. Constitution B.3.3., shall be responsible for taking accurate minutes of meetings of the Local and of the Local Executive and for making available to the Communications Committee all pertinent decisions. She/he may be responsible for official correspondence as directed by the Local membership or by the Local Executive.
  5. The Secretary-Treasurer shall maintain accurately and properly such bookkeeping systems as shall be set up under the instruction of the Local Executive and as shall be consistent with the provisions of C.U.P.E. Constitution B.3.4. to B.3.9.  She/he shall present monthly financial statements to the Executive Board, and at the request of any Unit. She/he shall circulate an audited financial report to the Local Executive no later than May 31. This report shall be presented to the membership at the next Annual or Special General Meeting.
  6. The Trustees shall audit the books of the Secretary-Treasurer and shall exercise general supervision over the property of the Local as is consistent with the National Constitution B.3.10 to B.3.12.
  7. The Sergeants-at-Arm shall be responsible for the fair conduct of balloting in all Local elections, and shall act as the Returning Officers for all Local referenda. They shall assist the President (or designated Chairperson) in counting votes at all General Meetings, and shall eject any noncompliant members requested to leave any meeting of the Local by the Chairperson.
  8. The Members-at-Large shall serve as liaison between the General Membership and the Executive. They shall perform such other duties as may be assigned by the Executive Board from time to time.
  9. .
  10. All cheques issued by the Local shall require the signature of two (2) of the following signing officers; the Secretary-Treasurer, President, Vice-President, Recording-Secretary, or Business Agent. —Legal documents shall be signed by the Local President, President’s designate, or Business Agent.
  11. No agreements shall be entered into by a Local Officer or Committee member which change any terms or provisions of an existing labour agreement unless approval has been granted for such action by the membership of the Unit to which the collective agreement applies.

J. Local Staff
  1. There shall be no salaried officers or staff members other than the Business Agent and Member Services Coordinator unless it is so established by Annual or Special General Meeting granting approval of the Local’s operating budget.
  2. The Personnel Committee shall be responsible for the supervision, hiring, and collective bargaining with any Local staff. The Personnel Committee will include the President, or his/her designate, and two other members of the Executive Board.
  3. If staff are hired from one of the Local’s bargaining units they shall have voice and vote at meetings of the Local and can be delegates to District Council meetings, Provincial Council meetings and /or National Conventions. Staff from other than one of the Units shall have voice but no vote at all meetings.

K. Duties of the Local Committees
  1. The Communications Committee shall be responsible for all campaigns, and other duties assigned by the Local Committees or the Executive Board.
  2. The Bargaining Committees shall be responsible for researching and presenting all contract proposals to their memberships for discussion; for all negotiations with their employers on behalf of the Local; and for reporting to and educating the Local Executive and the membership.
  3. The Grievance Committee shall be responsible for ensuring the rights of individual members on the job are respected, and for representing the interests of individual members in respect to their working conditions. Members of the Grievance Committee shall be limited to the President (or his/her designate), the Chief Steward, Unit 1 Grievance Stewards, Unit Stewards, local staff, and National Service Representative. Other stewards involved in the grievance under discussion may be invited to attend meetings as necessary.
  4. The Education Committee shall be responsible for researching and providing for the needs of the membership regarding labour education courses and for making recommendations to the Executive regarding these courses. —The Education Committee shall also make recommendations to the Executive on behalf of members wishing to attend labour education courses. —

    The Committee shall be responsible for the dissemination of information on official functions to members and the Executive and for performing any related duties as designated by the Local Executive.

  5. The Local Appreciation/Fundraising Committee shall be responsible for the administration, planning and approval of the Local’s fundraising activities, appreciation and retiree programs.

L. Meetings
  1. Any member in good standing of the Local shall have the right to attend and vote at General Meetings. Members shall have the right to attend Executive Board and committee meetings (except Grievance Committee), in which case the member shall have voice, but no vote. Members may not attend Unit meetings or Unit committee meetings unless they are members of that Unit, or have received permission from the Unit.
  2. The Annual General Meeting of the Local shall be held in November. Notice of the precise date, time and place of the AGM shall be given to the membership at least two (2) weeks prior to the meeting. —In addition to any other business proposed by the Executive Board or Unit, the following business shall be conducted at the Annual General Meeting:
    1. Receiving and filing the minutes of the previous year’s Annual General  Meeting and any Special General Meetings held since the last AGM
    2. Receiving the Executive Board Report
    3. Receiving the Treasurer’s report
    4. Receiving the Auditor’s report
    5. Adopting the Local’s Budget for the coming year
    6. Ratifying the election of Local Officers for the coming year
  3. Special General Meetings may be held at any time by the call of the President or the Local Executive, by petition of 20 members of the Local, or at the call of a Bargaining Unit. Notice for such SGMs must be posted in a conspicuous place within each area at least three days prior to such a meeting. Special General Meetings shall be scheduled by the Local Executive Board, and be conducted by the President of the Local or her/his designate. Except where otherwise stated, the quorum for business at any Annual or Special General Meeting shall be twenty (20) members.
  4. The Executive Board shall meet at least monthly at the call of the President or of any four members of the Executive Board. The quorum for business shall be a majority of the Local Officers (excluding Trustees), and including at least two signing officers. A majority of votes cast on any matter shall be decisive.
  5. Meetings of Local Committees shall be at the call of the Chairperson of the Committee, of the President, or of any three members of the Committee concerned. The quorum for business of any committee shall be a majority of its members, and a majority of votes cast on any matter shall be decisive.

M. Dues and Finances
  1. Monthly dues shall be for each full-time and part-time member of the Local one and seventy-five tenths percent (1.75%) per month of their regular wages and shall be payable each month.  Dues can only be changed by a majority of votes cast in a referendum ballot of the Local membership. —The initiation fee of this Local shall be five dollars ($5.00) for each person wishing to become a member except in the case where the laws or regulations of the Provincial or the laws or regulations of the Federal government require a lesser or larger initiation fee, in which case the provisions of the laws and regulations shall apply, instead of and in place of the By-law requirement.
  2. All monies in the hands of the Secretary-Treasurer shall be deposited in the name of the Local, and a complete record of all monies received and paid out shall be kept. The Trustees shall be responsible for inspecting the financial records of the Local as is consistent with the C.U.P.E. Constitution.
  3. For purposes of the audit, the Local’s fiscal year shall be from January to December of each calendar year.—Any change of two thousand five hundred dollars ($2500.00) or more in the categories, priorities, and amounts outlined in the budget for the ensuing year must be reported to and receive the approval of a Special General Meeting if the expense is not incurred within five (5) weeks of the Annual General Meeting.

N. Approval of Collective Agreements
  1. Should there be no strike and/or lockout, any collective agreement and revisions of the collective agreement must be approved by a majority of votes cast in a referendum of the Unit concerned. Seven days notice shall be given prior to the referendum vote, which shall be held after arranging Unit meeting(s) to discuss the collective agreement, held at time(s) and place(s) such as to give all members concerned an opportunity to attend before they vote.
  2. Should a strike or lockout occur, any collective agreement and revisions of the collective agreement must be approved by a majority votes cast in a secret ballot vote of the Unit concerned. Twenty-four (24) hours notice shall be given prior to the secret ballot vote, which shall be held after Unit meeting(s) to discuss the collective agreement, held at times(s) and place(s) such as to give all members concerned an opportunity to attend before they vote.

O. Strikes and Lock-Outs

A Bargaining Unit shall not strike without the approval of its membership. Voting shall be by secret ballot and a majority of votes cast shall be necessary for a strike to take place.

P. Discipline

Discipline within the Local shall be in accordance with the C.U.P.E. Constitution B.VI.

Q. Procedure
  1. Except as otherwise provided in these Local By-laws or the C.U.P.E. Constitution, Bourinot’s Rules of Order shall govern the conduct of all Local meetings and Local Executive meetings.
  2. Decisions made by, or ratified by, a vote at any Local General Meetings or Local Executive Meetings shall not be reconsidered or rescinded by less than a two-thirds (2/3) majority vote.
  3. The Local may, by a majority vote at the Annual General Meeting, or at a Special General Meeting called for that purpose, amend, add to or suspend any by-laws as it may deem advisable, provided that at least seven (7) days notice at a previous meeting or at least sixty (60) days written notice has been given and further provided that such by-laws do not conflict with the C.U.P.E. Constitution. The same shall not become effective until approved by the National President of the Canadian Union of Public Employees.
  4. Policy of the Local may be adopted by majority vote at any General Meeting.

R. Representation at Official Functions
  1. All delegates to official functions, i.e. conventions etc., shall be chosen by election at an Executive Board meeting. The Executive Board shall consider the recommendation of a Unit when selecting delegates.
  2. Expenses and/or per diems for all delegates to an official function shall conform with the Local’s Policy Regarding Expenses for Union Business.
  3. Compensation to delegates for any lost salary incurred by attendance at the official function shall conform with the Local’s Policy Regarding Wage Maintenance for Union Representatives.
  4. Representation at educational institutes and seminars shall be on the recommendation of the Education Committee, subject to final approval by the Executive with reference to the Policy Statement: Delegates to Official Functions.

S. Stipend for Union Activists
  1. Every elected Steward, Executive Board member and Local Committee member will receive a stipend up to a maximum of twenty-five dollars ($25.00) per year for the purpose of complying with WorkSafe BC regulations. Every volunteer will fill out a stipend request form for volunteer work on behalf of the Union for a maximum one-time payment of twenty-five ($25.00) per year. The stipend will not be payable to union members already receiving a union salary and/or monthly honorarium.