BY-LAWS OF LOCAL
229
Article
1 - Name
This
organization shall be known as Local 229 National Automobile,
Aerospace, Transportation and General Workers Union of Canada (CAW -
Canada), Syndicat national de l’Automobile, de l’Aerospatiale, du
Transport et des autres travailleurs et travailleuses du Canada (TCA -
Canada).
Article 2 -
Jurisdiction
It will operate
as an amalgamated local in the Districts of Rainy- River, Kenora and
Thunder Bay.
Article 3 -
Constitution and By-Laws
The
constitution of the Local Union shall be the Constitution of the
National Auto Workers of Canada, CAW – TCA, and these by-laws shall be
in all respects subordinate to all said Constitution and all
applications and interpretations thereof.
Article 4 -
Fiscal Year
The fiscal year
of this Local Union shall begin on January l, and end on December 31.
Article 5 -
Purposes and Objectives
-
To unite in one
organization regardless of religion, gender, sexual orientation, marital status, race, creed, colour, ancestry, nationality, place of
origin, family relationship, disability, age, job classification, or
political affiliation, all workers under the jurisdiction of this
Local Union.
-
To improve working
conditions, create a uniform system for shorter hours and higher
wages, the right to equal pay for work of equal value, and to
maintain, protect and further the interest of all workers.
-
To educate members
so that they realize that the power of the Union rests on their
collective strength.
-
To educate our membership in
the theory of the labour movement and to develop and maintain an
intelligent and dignified membership to vote and work for the election
of political candidates and the passage of improved legislation in the
interest of all labour.
-
To strive for the removal from
legislation all provisions restricting the right to bargain
freely and gain justice through all available means.
-
To
establish and maintain the closest possible co-operation with other
CAW Locals and other Unions.
-
Dedicated
to the realization of the legitimate aspirations of those who toil for
a living, Local 229 will not deviate from the pursuit of peace,
freedom and security for all people.
-
Local 229
will at all times hold true to the high ideals and principles of
social justice on which the labour movement was founded.
-
To regulate
relations between employees and employers, including but not
limited to the right to bargaining collectively on behalf of the
employees in any organization under the jurisdiction
of the Local Union.
-
To provide a
democratic form of government within the National Union.
-
To promote the
health and safety of the membership.
-
To defend the right
of rank-and-file union members to ratify all agreements with
employers.
-
To defend
the right to strike.
-
To
organize workers into the Local Union.
-
To
promote employment by the reduction of the work week with no loss of
pay or benefits, and the elimination of overtime.
-
To promote
the right and freedom of Canadian workers to belong to labour
organizations that are effective, democratic and not dominated by any
element foreign to, or not in the best interests of the people of
Canada.
-
To promote
an equitable distribution of wealth within Canadian society.
-
To
promote co-operation and mutual support among workers of every
country.
-
To
conduct education work among our membership in accordance with the
objectives and policies of the National Union.
-
To oppose
racism.
-
To defend
the union.
-
To
promote effective environmental policies.
-
To oppose
sexual harassment and harassment of any kind.
The objectives
of this Local Union shall be the same as those of CAW-Canada
as provided for in Article 2- Objectives of the National Union
Constitution.
Article 6 -
Membership
Section 1 - This Local union
shall be composed of workers eligible for membership in the National
Union, CAW - Canada and over whom the Amalgamated Local Union is
granted jurisdiction by the National Union.
Section 2 - Eligibility for and
acceptance into membership in the Amalgamated Local Union shall be
governed by the Constitution of the National Union.
Section 3 - A membership card
will be provided to each member.
Section 4 - The membership card
shall be shown at each meeting to the Sergeant-at-Arms/Guide to
indicate their membership.
Section 5 - It shall be the duty
of each member to conscientiously seek to understand and exemplify by
practice the intent and purpose of her/his obligation as a member of
the Amalgamated Local Union and the National Union.
Section 6 - It shall be the duty
of each member to participate in all Local, Provincial and Federal
elections through registration and balloting.
Section 7 - Every person, prior
to her/his acceptance as a member, shall be given the membership oath
provided for by the Constitution of the National Union.
Section 8 - The national Union
and the Amalgamated Union shall be the exclusive representative of
each member of this Amalgamated Local Union for the purpose of
collective bargaining and execution of any contracts.
Section 9 -
Each member of this Amalgamated Local Union does hereby irrevocably
designate, authorize and empower the National Union and this
Amalgamated Local Union, and each of them exclusively to appear and
act for her/him and in her/his behalf before any board, court,
committee and other tribunal in any matter affecting her/his status as
a worker or as a member of this amalgamated Union or the National
Union, and exclusively to act as her/his agent to represent and bind
her/him in the presentation, prosecution, adjustment and settlement of
all grievances, complaints or disputes of any kind or character
arising out of the employer - employee relationship, as fully and to
all intents and purpose as she/he might or could do if personally
present.
Section 10 - Each member in good
standing of this Local Union has the right to nominate and vote,
express opinions on all subjects before the Local Union, to attend all
membership meetings and express views, arguments and opinions on all
matters and business, including candidates for office, properly before
the meeting: to meet and assemble freely with other members and
generally, to participate in the activities of the Local Union in a
responsible manner consistent with good conscience in order to present
and discuss factually and honestly the issues and personalities upon
which the membership must base its decisions.
A member in exercising the foregoing
rights and privileges shall not take any irresponsible action which
would tend to jeopardize or destroy, or be detrimental to, either the
Local or National Unions as organizations, or their free democratic
heritage, or which would interfere with the performance by this Local
Union or the National Union of its legal or contractual obligations as
a collective bargaining agent, or interfere with the legal or
contractual obligations of this Local Union as an affiliate of the
National Union. Violation, or abuse of these rights and privileges of
membership, or engaging in conduct prohibited by this section, shall
be considered conduct unbecoming a union member.
Section 11 - The membership shall
strive to obtain the objectives set forth in the Constitution and
additional objectives as established as the policy of the National
Union; to maintain free relations with other organizations; do all in
its power to strengthen and promote the labour movement; to co-operate
with National Board Members, the National Representatives and help
promote organizational activities.
Section 12 - The Local Union may
employ service and organizational staff. Staff who are employed by
the Local union shall be CAW Local 229 members and members of the
National Union.
Section 13 - The membership shall
have the right to disaffiliate from the CAW if the majority of its
members indicate its desire by a democratic vote after a full and open
debate and in accordance with the Constitution of CAW Canada.
Article 7 -
General Membership Meetings
Section 1 - Local Union General
Membership meetings shall be held every month in Thunder Bay. The
times, dates and place of the meeting shall be established by the
Executive Board. General membership meetings can be suspended for
July and August by a majority vote of the membership at the June
meeting.
Section 2 - For purposes of
General Membership meetings, members in attendance shall constitute
quorum.
Section 3 - The President of the
Local, upon receiving a written petition signed by the majority of the
Executive Board or at least twenty-five members in good standing,
shall call a special meeting and the petition shall mention the aim or
aims of said meeting and discussions will be restricted to these aim(s)
only.
Section 4 - Each Unit of the
Local shall hold bi-monthly membership meetings.
Section 5 - Members shall be
notified at least seven (7) days prior to all meetings by workplace
bulletins. The agenda shall be included in all notices. Any election
to be held at General Membership Meetings shall be included on the
agenda. Only members in good standing shall attend membership
meetings.
Section 6 - The membership shall
sign in at each meeting in the Sergeant-at-Arms registration book.
Section 7 - Those members who do
not have their membership card upon their person, must have another
member in good standing vouch for them.
Section 8 - It shall be the duty
of the President to preside at all membership meetings. In her/his
absence, the Vice-President shall preside.
Section 9 - Minutes shall be
taken at all General Membership Meetings by the Recording Secretary.
Section 10 -
The regular order of business shall be as follows:
-
Opening
of meeting
-
Reading of agenda
-
Minutes of previous meeting
-
Financial report
-
Recommendations of Executive Board
-
Actions taken by
Executive Board
-
Correspondence
-
Reports from
Officers, Committees, Delegates
-
Unfinished Business
-
New Business
-
Elections (if
required)
-
Good and Welfare
-
Closing
A copy of the
previous meeting minutes, financial report and Recommendations will be
distributed to each member present at the General Membership Meeting.
Section 11 - All discussions and
debates shall be governed by Bourinot’s Rules of Order.
Section 12 - The members shall
confine their remarks to the order of business of the motion under
discussion and shall be allowed a maximum of five (5) minutes. A
member shall speak only once upon the matter under discussion except
in the case of the sponsor of a motion or resolution who shall be
allowed to discussion close on the motion or resolution.
Article 8 -
Powers of Administration
Section 1 - This Bylaw inscribes
the will of the membership for democratic control of the Union,
consistent with the opportunity and responsibility of the officers to
provide effective leadership. It is the determination of the members,
in accordance with the provisions of this Bylaw, that the Bylaw guards
this principle as it relates to the operation of the Union as a whole
and as herein set out.
Section 2 - The membership is the
highest authority of this Local Union and shall be empowered to take
or direct any action not inconsistent with the Constitution or
Bylaws.
Section 3 - Between general
membership meetings, the highest authority shall be the Executive
Board of this Local, which shall meet at least once each month.
Section 4 - Between meetings of
the Executive Board, the administrative authority of the Local shall
be vested in the President of the Local.
Article 9
Executive Board
Section 1 - The Executive Board
of the Union shall consist of President, Financial Secretary,
Vice-President, Recording Secretary, Sergeant at Arms/Guide, Retired
Member, Director of Outlying Area, Director of Women’s Issues, and
three trustees.
Section 2 - Executive Officers
shall serve for a period of three (3) years.
Section 3 - In
the event that the office of President becomes vacant, the
Vice-President shall assume that office for the balance of the term.
In the event any of the other offices become vacant during the regular
term of office, it will be promptly filled. The Executive Board shall
have the authority to appoint a member to fill the vacancy until the
result of such election becomes known. The election must be held
within 60 days.
Section 4 - The duties of the
Executive Officers shall be those set down in the National
Constitution, Article 37, plus others deemed necessary by the General
Membership in the administering of the local union affairs.
Section 5 -
The Executive Board shall consist of the above named Executive
Officers, plus a Retired Member from the Retiree’s Chapter.
This position is elected at the same time as the Executive
Officers and for a three (3) year term. All members of the Executive
Board shall have voice and vote.
Section 6 -
A simple majority of the Executive Board shall constitute a quorum at
all Executive Board Meetings.
Section 7 - The Executive Board
shall meet monthly between membership meetings. Special meetings may
be called by the President. Whenever a majority of the Executive
Board requests the President, by letter or petition, to call a meeting
thereof, it shall be mandatory upon the President, to do so within
five (5) days of receipt of such letter or petition.
The Executive
Board shall exercise the Executive functions of the Local Union
between General Meetings. The Executive Board shall enforce the
Bylaws of the Local Union and its own decisions. It shall report upon
all matters which, in its judgment, require consideration by the Local
Union or which may have been committed to the Executive Board. The
Executive Board shall be further empowered to appropriate funds or
defray normal expenses that are incurred between the General
Membership meetings. All such appropriations of the Executive Board
shall be subject to the approval of the membership at the next General
Meeting.
Section 8 -
The Executive Board may recommend that the Union hire employees when
they are needed. The Executive Board shall have power, subject
to the provisions of this Constitution and Bylaws, to appoint
sub-committees from its own membership and pass upon and approve
applications for membership and reinstatement.
Section 9 - Minutes will be taken
of all Executive Board Meetings by the Recording Secretary and shall
be available to the membership at the meetings.
Section 10 - The decisions of the Executive Board shall be decided by a majority vote of those members present and voting.
Section 11 - All decisions and recommendations of the Executive Board shall be
referred to the next General Membership Meeting for approval, and/or
information.
Section 12 - The Executive Board shall appoint at least one of its members to each of the standing committees
in a liaison advisory capacity, except, the Unit
Bargaining Committee and the Election Committee.
Section 13 - The Executive Board
shall not make any unnecessary expenditure without prior consent of
the membership. All expenses shall be referred to the next General
Membership Meeting. A financial statement reporting revenues and
expenditures shall be reported to the next General Membership Meeting.
Article 10 -
Executive Council
Section 1 -
Executive Council - The Executive Council shall consist of the
Executive Board of this Union together with representation from
the Units on the following basis:
Each Unit shall consist of at least one delegate,
normally the Unit Chairperson.
For purpose of clarity, a Unit as defined in this
Constitution shall mean a Bargaining Unit with an employer,
having a signed agreement with this Local Union or where
negotiations are proceeding for the renewal thereof. The following
formula will increase representation for larger units:
Up to 200 will have 1 representative;
between 200 and 400 will have 2 representatives;
between 400 and 600 will have 3 representatives;
between 600 and 800 will have 4 representatives;
between 800 and l000 will have 5 representatives
etc.
Section 2 -
Executive Council - The Executive Council is established to provide
broad representation to all units of the Local.
The Executive Council shall be responsible to keep
the Executive Board informed of problems and progress of the various areas of the
Local Union.
It shall review the work of the Executive Board
annually. The Council members shall be responsible
to keep their Units informed of the work of the
Executive Board.
The Executive Council shall make any
recommendations they deem necessary for
consideration and action of the Executive Board.
The Executive Council shall meet
annually to conduct the business of the Local and attend education
sessions.
Executive council decisions shall be decided by a
majority vote of those members present and
voting.
Article 11 -
Delegates from the Local
Section 1- All delegates from
the Local shall be elected by a single plurality vote and by secret
ballot.
Section 2 - A member to be
eligible for nomination as a delegate, to all councils and conventions
shall be a member in continuous good standing in accordance with the
National Constitution.
Section 3 - Alternate delegates
will replace regular delegates unable to attend and shall have
preference according to the amount of vote received in the election.
Section 4 - All delegates must
give a written report at the next general membership meetings.
Section 5 - All delegates shall
be elected at a properly advertised General Membership meeting except
where otherwise specified in the Constitution or these by-laws.
Section 6 - CAW Council shall be
elected at the same time as the Executive Board elections. All
conditions in Section 1 will apply.
Section 7 - The President and the
Financial Secretary will be automatic observer to CAW Council, if not
elected as delegates.
Section 8 - CAW Convention
Delegates will be elected as per the National Constitution Article 9,
prior to the Convention
Article l2 -
Establishment and Governing of Units
Section 1 - Each bargaining unit
of the Local Union shall be known as a Unit of the Local Union. Where
a workplace has a full-time and a part-time work force with bargaining
unit descriptions which are, to all intents and purposes, identical,
the full-time and part-time employees in that workplace shall
constitute a single bargaining unit for the purpose of this section.
Section 2 - All Units will elect
workplace representatives in accordance with Article 17, Section 3, of
the Bylaws.
Section 3 - Unit Meetings shall
be held at least once every two months in accordance with the By-Laws
of this Local Union. A Unit may, by membership vote, suspend meetings
during the months of July and August.
Section 4 - The meeting shall be
presided over by the Unit Chairperson and minutes be shall be recorded
by the Unit Recording Secretary.
Section 5 - Resolves of all Unit
Meetings which affect the policy of the Union as a whole shall be
subject to the approval of the Local Union as a whole. Copies of the
minutes shall be submitted to the Local Union Recording Secretary
within a week of the Unit Meeting
Article
13 - Stewards and Committee Persons
Section 1 - The duties of
Stewards and Committee persons shall be as follows:
1.
To attend all steward and unit meetings.
2. To attend all general
membership meetings; unless the Executive Board permits the member to
be absent with cause (e.g. - outlying areas).
3. To become completely
familiar with all of the provisions of the collective agreement and to
investigate all grievances.
4. To be completely familiar
with the grievance procedure.
5. To receive complaints and
grievances of their department or unit and make every effort to
conform with the grievance procedure to satisfactorily adjust and
settle all grievances.
6. To call a special meeting
of their department or unit upon written request of at least
twenty-five (25) per cent of the members in good standing in their
area.
7. To see that all the workers
under their jurisdiction become members and remain in good standing.
8. To assist and co-operate
fully with health and safety committee in the prevention and
investigation of accidents.
9. To carry out to the best of
their ability in harmony with the other committees of the local and
the Executive Board the decisions of the union.
10. To turn over all papers,
documents funds and/or other union property at the conclusion of their
office to their successor and to assist her/him in all ways possible.
11.
To support campaigns of
the Local and National Union within there area of representation.
Section 2 - All vacancies shall
be filled by an election within sixty(60) days where possible. The
alternate (runner-up in the election) will assume the duties of the
Committee Person or Steward until the results of the elections are
known. In the event the election committee for the unit cannot find a
replacement, the Unit Chair shall be empowered to appoint a Committee
Person or Steward until an election can be held.
Section 3 -
Recall Procedure
A Steward, Committee Person, or Unit
Chairperson may be recalled by the members they represent for failure
to perform the duties of their office. A valid petition, setting
forth specific complaints of the shop steward’s, committee person’s or
Unit Chairperson’s failure to perform the duties of their office,
shall be signed by at least twenty-five (25) per cent of the members
in good standing they represent.
The Unit will notify the workplace
representative of the specific complaints and will give due notice to
the member of a special meeting for recall. Twenty-five percent (25%)
of the current members working under the jurisdiction of the Steward
or the Committee Person must be present at the recall meeting to
establish a quorum.
A two-thirds (2/3) vote of those present and voting
is necessary to recall.
Article 14 -
Bargaining Committees
The Bargaining Committee of each unit
shall consist of the, Unit Chairperson, Committee Members, the
President of designated representative of the Local, and a National
Representative.
Article l5 - Standing Committees
Section 1 - This Local Union
shall have the following standing committees:
-
Constitution and Bylaws
-
Political Action/Union in Politics Committee
-
Health, Safety and Environment and WSIB
-
Recreation
-
Community Services
-
Civil, Peace and Human Rights
-
Women’s
-
Newspaper and Communications
-
Organizing
-
Health Care
Committee
-
Licensed
Professionals and Skilled Trades
-
Retired Members
-
Election
-
Finance
-
Union Label
-
Education
-
Attendance and Excuse
Section 2 -
All other committees shall be considered a sub-committee of the above
committees.
Section 3 - There shall be a
Chairperson and a Secretary for each committee and also a Treasurer
when deemed necessary, to be elected by the members of the committee.
Section 4 - All committees shall
be elected by secret ballot vote at a properly advertised membership
meeting. Members will serve for a three (3) year term.
Section 5 - The dates of
elections of all committees shall be placed on the bulletin boards, at
least seven (7) days prior to the election. Members from outlying
units may submit their names in writing.
Section 6 - All standing
committees shall perform all duties assigned to them by the
Constitution and By-laws and such additional duties as they may be
directed to perform from time to time by the Executive Board or the
Membership.
Section 7 - All standing
committees shall have the power to appoint new members to their
committees, with Executive Board approval.
Section 8 - Each committee shall
hold a regular meeting once a month unless it’s deemed unnecessary.
Special meetings may be called by the Chairperson and must be called
when requested by a majority of the members of the committee or when
ordered by the Local Executive Board or the General Membership. A
simple majority of the committee members shall constitute a quorum for
the conducting of business at all committee meetings.
Section 9 - The duties of the
officers and members of each committee shall include:
Chairperson:
1. Call and preside at all
committee meetings
2. Shall direct the activities
of the committee in accordance with these bylaws and the National
Constitution.
3. Shall have authority only
to the extent of carrying out the decisions of the committee that have
been approved by the membership.
4. Shall submit a written
report of their activities to the Executive Board Meetings, and to the
General Membership Meetings.
5. Shall be responsible for
the functioning of all sub-committees established by her/his
particular committee.
Secretary:
1.
Shall keep minutes of all committee meetings and shall furnish the
Recording Secretary of the Local with a copy of the same.
2.
Shall collect and file reports of their committee members.
3.
Shall notify all members of the committee as to the time, date and
place of all regular or special meetings, sufficiently in advance to
enable them to attend and shall keep the members informed between
meetings.
4.
Shall devise a reporting system when deemed necessary with the
stewards and committee persons of the Local so that all matters
receive immediate and rightful attention.