Local 4593 by-Laws April 15, 2008 (Draft)

8/14/2019 Local 4593 by-Laws April 15, 2008 (Draft)

1/23

BY -LAWS

CANADIAN UNION OF PUBLIC EMPLOYEES

LOCAL 4593(Employees of Assiniboine Regional Health Authority)

Approved by membership: March 20, 2006

Approved by National: July 20, 2006

Amended by membership: April 15, 2008

Draft


2/23

ii

INDEX

PREAMBLE .................................................................................................................................... 2SECTION 1 - NAME .......................................................................................................................2SECTION 2 - OBJECTIVES ............................................................................................................2SECTION 3 INTERPRETATION & DEFINITIONS ................................................................... 2SECTION 4 GENERAL MEETINGS AND SITE MEETINGS REGULAR AND SPECIAL ...3SECTION 5 OFFICERS ................................................................................................................4SECTION 6 - EXECUTIVE BOARD .............................................................................................. 5SECTION 7 - DUTIES OF OFFICERS ........................................................................................... 6SECTION 8 - EXPENSES ............................................................................................................ 12SECTION 9 - FEES, DUES AND ASSESSMENTS ..................................................................... 13SECTION 10 AFFILIATIONS ................................................................................................... 14

SECTION 11 - VOTING OF FUNDS ............................................................................................14SECTION 12 - NOMINATION, ELECTION AND INSTALLATION OF OFFICERS ...... ... ... ...14SECTION 13 COMMITTEES .................................................................................................... 16SECTION 14 CONVENTIONS, CONFERENCES, SCHOOLS ................................................ 17SECTION 15 - RULES OF ORDER .............................................................................................. 17SECTION 16 AMENDMENT .....................................................................................................18RULES OF ORDER .......................................................................................................................19

Amended by membership: April 15,2008Draft


3/23


4/23

2

PREAMBLE

In order to improve the social and economic welfare of its members without regard to sex, color,race or creed, age or disability, to promote efficiency in public employment and to manifest itsbelief in the value of the unity of organized labour, this local of the Canadian Union of PublicEmployees (hereinafter referred to as CUPE) has been formed.

The following By-laws are adopted by the Local pursuant to, and to supplement, Appendix "B" ofthe CUPE Constitution, to safeguard the rights of all members, to provide for responsibleadministration of the Local, and to involve as many members as possible through the sharing ofduties and responsibilities.

SECTION 1 - NAME

The name of this Local shall be Canadian Union of Public Employees, Local No. 4593.

SECTION 2 - OBJECTIVES

The objectives of the Local are to:

(a) secure adequate remuneration for work performed and generally advance the economic andsocial welfare of its members and of all workers;

(b) support CUPE in reaching the goals set out in Article II of the CUPE Constitution.

(c) provide an opportunity for its members to influence and shape their future through freedemocratic trade unionism;

(d) encourage the settlement by negotiation and mediation of all disputes between the membersand their employers;

(e) eliminate all forms of harassment including but not limited to sexual and racial harassmentand harassment based on sexual orientation, wherever it exists;

(f) establish strong working relationships with the public we serve and the communities inwhich we work and live.

SECTION 3 INTERPRETATION & DEFINITIONS

(a) Masculine pronouns shall be understood to include the feminine gender.



5/23

3

(b) Numbers or articles at the end of sections or sub-sections refer to relevant articles of theCUPE Constitution which should be read in conjunction with the by-laws.

(c) A site is as defined in the Collective Agreement.

(d) A facility is a health care centre, personal care home or hospital.

SECTION 4 GENERAL MEETINGS AND SITE MEETINGS REGULAR ANDSPECIAL

1. General Membership meetings shall be held every two (2) months.

Any member in good standing shall be entitled to attend General Membership meetings.

a) Regular General Membership meetings shall, whenever possible, be held everyother month in January, March, May, September, and November, rotating asdetermined by the Executive Board. The Executive Board shall give two (2) weeksnotice to time, place and date of all membership meetings.

b) Special Membership meetings may be ordered by the Executive Board or requestedin writing by no fewer than fifteen (15) members. The President shall immediatelycall a special meeting when so ordered or requested and shall see that all membersreceive at least one (1) weeks notice of the special meeting and the subject(s) to bediscussed. No business shall be transacted at the special meeting other than that forwhich the meeting is called and notice given.

c) Quorum a quorum or at least fifteen (15) members including three (3) executivemembers are needed to conduct any regular or special General Membershipmeeting. A majority of the Executive constitutes a quorum.

d) The usual order of business at a General Membership meeting is as follows. Theymay be amended as required by the Executive Board.

1. Read Equality Statement2. Roll call of officers3. Voting on new members and initiation4. Distribution of Delegate cards5. Reading of minutes6. Matters arising7. Treasurers report8. Communications and bills9. Executive Committee reports and recommendations10. Reports of committees and delegates11. Facility meeting reports



6/23

4

12. Nominations, elections or installations13. Unfinished business14. New Business15. Good of the Union16. Adjournment

2) Facility meetings:

(a) Areamembership meetings shall be called at least bi-monthly by the Area Vice-President, except for the months of July and August. Additional meetings can becalled by the AreaVice-President with forty-eight (48) hours notice to allmembers. A quorum shall consist of the Area Vice-President and a minimum of six(6) members. In an emergency, a posting outlining the membership request andsigned by 10% of the facility membership shall be deemed in accordance with

the local bylaws.

(b) Areameetings shall be held in the following locations:

Baldur Health District, Tri-Lake Health Centre, Cartwright & District Health CentreBirtle Health Centre, Shoal Lake-Strathclair Health Services, Elkwood Manor

Personal Care HomeCarberry Health Centre, Wawanesa and District Memorial Health Centre, Treherne-

Tiger Hills Health DistrictDeloraine Health Centre, Melita Health CentreErickson Health Centre, Minnedosa Health Services, Minnedosa Personal Care

Home

Glenboro Health District, Boissevain District Health Centre, Souris Health DistrictHartney Medical Nursing Unit, Virden District Hospital, Reston District HealthCentre

Neepawa Health Services, Sandy Lake Personal Care HomeRiverdale Health Centre, Hamiota Health CentreRussell Health Services, Russell Personal Care Home, Rossburn Health Centre

(c) Members would attend meetings scheduled for their place of employment only todiscuss matters pertaining to that centre.

(d) Officers of the Local shall be entitled to attend all meetings.

SECTION 5 OFFICERS

The Officers of the local shall be the President, Vice-President, Secretary-Treasurer, RecordingSecretary, three (3) Trustees, and ten (10) Area Vice Presidents.a) Facility Shop Stewards

Each facility is allowed 1 paid shop steward. Facilities over 100 members are allowed 2



7/23

5

paid shop stewards. Facilities are as follows:Baldur Health DistrictBirtle Health CentreBoissevain District Health CentreBren-del-win LodgeCarberry Health CentreCartwright & District Health CentreDeloraine Health DistrictEastview LodgeElkwood Manor Personal Care HomeErickson Health CentreGlenboro Health DistrictHamiota Health CentreHartney Community Health Centre

Melita Health CentreMinnedosa Health ServicesMinnedosa Personal Care HomeNeepawa Health Services

Reston District Health CentreRiverdale Health CentreRossburn Health CentreRussell Health ServicesRussell Personal Care HomeSandy Lake Personal Care HomeSherwood Lodge, TheShoal Lake/Strathclair Health CentreSouris Health DistrictTiger Hills Health DistrictTri-Lake Health DistrictVirden District HospitalWawanesa & Distrist Memorial

Health CentreWestman Nursing HomeWestview Lodge

Sub: Aramark Canada Ltd.

These facility Shop Stewards shall be elected at Facility meetings held in the month of May.

b) The term of office for the facility Shop Steward shall be two (2) years.

SECTION 6 - EXECUTIVE BOARD

a) The Executive Board shall consist of: President, Vice President, Recording-Secretary,Secretary-Treasurer, and Area Vice-Presidents shall meet monthly, excluding July andAugust.

b) Table Officers shall meet monthly.

c) General membership meetings shall, whenever possible, be held in the evening of the bi-monthly executive meeting.

d) A majority of the Executive Board constitutes a quorum.

e) The Executive Board may grant paid Union Leave to members deemed necessary by theExecutive Board.

f) The Executive Board Officers shall hold title to any real estate of the Local as trustees forthe Local. They shall have no right to sell, convey, or encumber any real estate without firstgiving notice and then submitting the proposition to a membership meeting and having itapproved.



8/23

6

g) The Executive Board shall do the work delegated to it by the Local and shall be heldresponsible for the proper and effective functioning of all committees.

h) Should any Executive Board member fail to answer the roll call for three consecutivegeneral membership meetings or four regular Executive Board meetings without havingsubmitted good reasons for those failures, his/her office shall be declared vacant and shallbe filled by an election at the following general membership meeting.

i) The Executive Board (except for Area Vice-Presidents) shall be elected at the May generalmembership meeting of the Local. The Area Vice-President shall be elected during themonth of June at Area Membership Meetings.

j) The terms of office for all officers shall be for two (2) years, with the exception of Trustees.President, Secretary-Treasurer and Regional Steward shall be elected in odd years. TheRecording Secretary, Vice-President and Area Vice-Presidents shall be elected in even

years. Elections will be held in May.

k) The Executive Board will conduct all business of the Local Union deemed necessarybetween general membership meetings including the spending funds for expenses, bills andfor sums under $500.00, for purpose of grants or contribution to a cause outside of CUPE.Grants or contributions outside of CUPE over $500.00 must be dealt with at a generalmembership meeting.

l) All charges against officers or members shall be made in writing and dealt with inaccordance with Article B.VI of the National Constitution.

SECTION 7 - DUTIES OF OFFICERS

A) The President shall:

(1) be bonded through the master bond held by National Office, any President who cannotqualify for the bond shall be disqualified from office;

(2) enforce the CUPE Constitution and these by-laws;

(3) preside at all Local membership and Executive Board meetings and preserve order;

(4) decide all points of order and procedure (subject always to appeal to the Localmembership);

(5) have a vote on all matters (except appeals against his/her rulings) and in the case of a tievote on any matter, excluding elections, have the right to cast an additional vote to break the tie;

(6) attend all Labour/Management Committee meetings when required;



9/23

7

(7) ensure that all officers perform their assigned duties;

(8) ensure that all committee vacancies are filled where elections are not provided for;

(9) sign all approved expense vouchers;

(10) introduce new members and conduct them through the initiation ceremony;

(11) be ex-officio on all committee meetings with voice but no vote;

(12) sign cheques and ensure that the Local's funds are used only as authorized or directed by theConstitution, by-laws, or vote of the Local membership;

(13) have first preference as a delegate to the CUPE National or Provincial Convention;

(14) represent the majority decision of the Executive Board or the Local membership at alltimes;

(15) perform any other duties assigned by the Executive Board or the Local membership;

(16) on termination of office, immediately surrender all books, records, and other properties ofthe Local to their duly elected successor.

B) The Vice-President shall:

(1) if the President is absent or incapacitated, perform all the duties of the President;

(2) if the office of President falls vacant, be Acting President until a President is elected by theLocal membership at the next general membership meeting;

(3) be authorized as a signing officer in the absence of the President;

(4) sign all approved expense vouchers in the absence of the President;

(5) be bonded through the master bond held by National Office, any Vice-President who cannotqualify for the bond shall be disqualified from office;

(6) render assistance to any member of the Executive Board as directed by the ExecutiveBoard;

(7) perform any other duties assigned by the Executive Board or the Local membership;

(8) on termination of office, immediately surrender all books, records, and other properties ofthe local to their duly elected successor.



10/23

8

C) The Recording Secretary shall:

(1) keep full, accurate and impartial account of the proceedings of all regular or specialmembership, board meetings, including attendance. All motions moved and seconded shallbe recorded by number;

(2) submit a written copy of all minutes to the next Executive Board or general membershipmeeting;

(3) record all alterations in the bylaws;

(4) answer correspondence and fulfil other secretarial duties as directed by the ExecutiveBoard;

(5) file a copy of all letters sent out and keep on file all communications;

(6) have all records ready on reasonable notice for auditors and Trustees;

(7) preside over Local membership and Executive Board meetings in the absence of both thePresident and the Vice-President;

(8) be empowered, with the approval of the membership, to employ necessary stenographic orother assistance to be paid for out of the Local's funds;

(9) perform any other duties as assigned by the Executive Board or the Local membership.

(10) on termination of office, surrender all books, seals, and other properties of the Local tohis/her successor;

(11) be authorized to sign all cheques and ensure that the Local's funds are used only asauthorized or directed by the Constitution, By-laws or vote of the membership.

D) The Secretary-Treasurer shall:

(1) receive all revenue, initiation fees, dues, and assessments, keeping a record of eachmember's payments, and deposit promptly all money with a credit union;

(2) prepare a yearly budget for consideration of the members;

(3) throughout his/her term, and on behalf of the Local union membership, be responsible formaintaining, organizing, safeguarding and keeping on file all supporting documents,authorizations, invoices and/or vouchers for every disbursement made, receipts for allmoney sent to CUPE National Office, as well as records and supporting documents for allincome received by the Local Union;



11/23

9

(4) record all financial transactions in a manner acceptable to the Executive Board and inaccordance with good accounting practices;

(5) regularly make a full financial report to meetings of the Local's Executive Board, as well asa written financial report to each general membership meeting detailing all income andexpenditures for the period;

(6) be bonded through the master bond held by the National Office, and any Treasurer whocannot qualify for the bond shall be disqualified from office;

(7) pay no monies unless supported by a voucher duly signed by the President and one othermember of the Executive Board or any two other members of the Executive Board, exceptthat no voucher shall be required for payment of per capita fees to any organization towhich the local is affiliated;

(8) make all books available for inspection by the auditors and/or Trustees on reasonable notice,and have the books audited at least minimum twice each calendar yearup to a maximumof 4 time per year and within a reasonable time, respond in writing to anyrecommendations and concerns raised by the Trustees.

(9) provide the Trustees with any information they may need to complete the audit report formssupplied by CUPE;

(10) complete and return all forms requested by CUPE National Office such as dues survey andCALURA reports;

(11) be empowered, with the approval of the membership, to employ necessary clerical assistantto be paid for out of the Locals funds;

(12) notify all members who are one month in arrears and report to the Executive Board allmembers two or more months in arrears in the payment of union dues;

(13) on termination of office, surrender all books, records and other properties of the Local tohis/her successor.

(14) commencing in May 2003, and in Mayof each year following, the Secretary-Treasurer shallbudget an amount equal to $4.00 per member for each site. The sites shall submit financialrequests to the Secretary-Treasurer, which have been approved at site meetings.

Expeditions will be consistent with these bylaws and the CUPE Constitution.

(15) Be authorized to sign all cheques and ensure that the Locals funds are used only asauthorized or directed by the Constitution, By-laws or a vote of the membership.

E) The Area Vice-President shall:

(1) attend all Labour/Management meetings for the area that they represent;Amended by membership: April 15,2008Draft


12/23

10

(2) ensure CUPE is represented on the workplace OH&S Committee by election or if necessaryby appointment;

(3) present to the Executive Board the names of the Shop Stewards and OH&S representatives;

(4) call and chair all area meetings and site meetings upon requestand act as a representativefor their area and bring opinions and concerns of their members to the Executive Boardmeetings;

(5) post notices for all union activities and meetings endorsed by the local at least seven (7)days prior, whenever possible;

(6) with the help of the Shop Stewards, maintain an updated list and co-ordinate a workplacecommunication system and phone fan-out list for the facility they represent;

(7) perform any other duties assigned by the Executive Board or membership;

(8) provide communications and information from the members in the unit to the ExecutiveBoard;

(9) maintain daily contact with the members to provide on-going union awareness andeducation;

(10) each Facility Vice-President shall have the authority to elect in consultation with themembership, their own AreaShop Stewards;

(11) In the absence of the Area Vice-President, he/she shall appoint a Shop Steward to attendExecutive meetings.

(12) on termination of office, immediately surrender all books, records and other properties ofthe Local to their duly elected successor.

G) The Facility Stewards shall:

(1) act as a Shop Steward for the facility that they represent;

(2) set up Shop Steward system in their facility;

(3) prepare and present grievances at the initial level and copy to President and National Rep;

(4) attend all grievance meetings between Union and Management when dealing withgrievances from their appointed area in their facility;



13/23

11

(5) act as a representative for their facilityand bring the opinions and concerns of theirmembers to the Area Vice-President;

(6) generally know and police the collective agreement and provincial labour legislation;

(7) greet and ensure new employees are signed up, and encourage the participation of allmembers of the unit in union activity;

(8) provide communications and information from the members in the facilityto the members,including distribution of union literature and newspapers utilizing workplacecommunicators or Shop Stewards as appropriate;

(9) maintain contact with the members to provide on-going union awareness and education;

(10) perform such other duties as may be assigned by the Executive Board or membership;

(11) on termination of office, immediately surrender all books, records and other properties ofthe local to their successor.

I) The Trustees shall:

Trustee terms in accordance with the constitution B. 3 10 shall be elected so that one for 1year and each year there after, the Local Union shall elect one Trustee for a 3 year term.

(1) act as an auditing committee on behalf of the members, in accordance with the

policies of the National Constitution, and conduct an independent audit of the booksand accounts of the Treasurera minimum of twice per year and up to 4 times peryear.;

(2) make a written report of their findings to the first membership meeting following thecompletion of the audit;

(3) submit in writing to the President and Secretary-Treasurer any recommendations and/orconcerns they feel should be reviewed in order to ensure that the Local Union's funds,records and accounts are being maintained by the Secretary-Treasurer in an organized,correct and proper manner;

(4) be responsible to ensure that monies are not paid out without proper Constitutional ormembership authorization;

(5) ensure that proper financial reports are made to the membership;

(6) audit the record of attendance;



14/23

12

(7) inspect at least a minimum of twice per year and up to 4 times a year any stocks, bonds,securities, office furniture and equipment, and titles or deeds to property that may at anytime be owned by the Local, and report their findings to the membership;

(8) send a copy of the completed audit report (on the prescribed form provided by the NationalSecretary-Treasurer), as well as a copy of their report to the Local Union membership alongwith a copy of their recommendations and/or concerns to the President and Secretary-Treasurer and the Secretary-Treasurer's response, to the National Secretary-Treasurer of theCanadian Union of Public Employees, with a copy to the assigned servicing representative.

SECTION 8 - EXPENSES

a) Paid Leaves of Absence

(1) The Executive Board officers shall receive a paid leave of absence for all Executivemeetings if required.

(2) All persons requiring union paid leaves of absence must fill in an approved Requestfor Leave form with all information and submit to the Local Treasurer.

(3) Members will be paid an amount equal to any loss of salary and applicablepremiums, applicable per diem and receipted expenses, if any, incurred whileattending to the Local's business. The Union shall reimburse the Employer for allauthorized union leaves.

b) Out of pocket expenses within Manitoba:Meeting Per Diem:

minimum of 4 hours = $25.00after 4 hours = $60.00

Any meeting where meals are provided shall be paid a minimum of $15.00

excluding General Membership meetings.

c) Out of province expenses:$90.00 per day

d) Mileage: shall be in accordance with the ARHA Rates, port to port for all meetingsthat they are required to attend;

e) Lodging and parking/transportation expenses while attending union business to becovered by the Local, receipt required.

f) Child care: will pay up to a maximum per childup to 4 hours = day = $25.00



15/23

13

up to 8 hours = full day = $40.00$50.00 for an overnight for Union Leave.Receipts required.

g) Monthly out of pocket list as follows:

i) President $150.00 $ 1800.00ii) Vice President 150.00 1800.00iii) Recording Secretary 150.00 1800.00iv) Secretary-Treasurer 150.00 1800.00vi) Area Vice-President 75.00 (10 x $75 x 12) 9,000.00vii) Facility Steward 30 (64 x $35 x 12) 26880.00viii) Trustees* $50/Audit 600.00

$43,080.00ix) *Audits will be done four (4) times per year maximum. Attendance is required

except with a reasonable excuse for being absent.g) In the event a member a member is required to testify at an arbitration, they shall received aregular days wage for each day.

SECTION 9 - FEES, DUES AND ASSESSMENTS

a) Monthly Dues

(1) The membership dues shall be the total amount payable by Local 4593 to theNational Union plus dues payable to Local 4593.

The per capita payable by Local 4593 to the National Union is in accordance with the Constitutionpassed at the National Convention. (presently .85%).

Should the National Defense Fund fall below the levels as noted in the National Constitution andthe automatic assessment is levied, the Local Union dues will be adjusted accordingly and shallremain in place at such time as prescribed by the National Constitution.

- Amount payable to Local .65%. The Local Union dues shall be 1.50%.

(2) Notwithstanding the above provisions, if the CUPE Convention raises minimum fees and/ordues above the level herein established, these By-laws will be deemed to have beenautomatically amended to conform to the new CUPE minima.

(3) Employees granted leave of absence under the terms of the Union contract shall maintainfull membership in the Union during their period of absence.

Dues will not be collected from employees on unpaid maternity leave, unpaid leave ofabsence, E.I., or LTD. Dues will be collected from employees on paid leave of absencesuch as income protection, Workers Compensation, compassionate leave, Union leave, etc.



16/23

14

SECTION 10 AFFILIATIONS

The Local shall be affiliated to the following Labour Organizations:- CUPE Manitoba- Provincial Health Care Council

The Local shall determine within six months of the founding meeting whether to affiliate to theManitoba Federation of Labour

SECTION 11 - VOTING OF FUNDS

a) (1) Expenditures shall only be for the purposes of the Local, and in all cases, shall be bycheques signed by the Treasurer and one of either of the following: the President,the Vice-President or the Recording Secretary.

(2) All expenditures shall be approved by the membership at a general membership oras deemed necessary by the Executive Board.

(3) In the case of regular monthly per capita taxes or affiliation fees, the Treasurer shallpay such per capita taxes or affiliation fees without obtaining prior approval by themembership, providing such approval by the membership for such affiliation or percapita taxes was given at time of affiliation to the particular organization.

b) The Local may, from time to time, establish policies pertaining to monetary or non-monetary items. These policies shall not be amended, added to, or suspended except upon asimple majority vote of those present and voting at a Local membership meeting following

written notice given at a previous membership meeting.

c) At all times when meetings have been cancelled for lack of a quorum or unavoidable cause,the Executive Board shall be empowered to conduct the normal business and to make payments ofthe normal and necessary bills and report to the following Local general membership meeting.

d) Any equipment purchased over five hundred dollars ($500.00) must have the Localmembership's prior approval.

e) Each facility/unit account will be closed by May 1, 2003 and funds turned over to theCentral account. The Treasurer will budget $4.00 per member per year for site expenses.

SECTION 12 - NOMINATION, ELECTION AND INSTALLATION OF OFFICERS

a) Nominations

(1) Nominations and elections shall be received at the annual general membershipmeetings held in the month of May. To be eligible for nomination a member shall



17/23

15

be a member in good standing. No nomination shall be accepted unless the memberis in attendance at the meeting or has allowed to be filed at the meeting his/herconsent in writing.

i) The President, Vice-President, Recording Secretary, Trustees and SecretaryTreasurer shall be elected at large in the month of May. The elected officerswill assume their office on June 1st following.

ii) To be eligible for election the Area Vice-Presidents and Facility Shop

Stewards shall be employed in the area and shall be nominated and electedat a Facility meeting.

iii) Members shall not be entitled to hold more than one elected position.

b) Elections

(1) Voting shall take place by ballot amongst all members in attendance.

(2) A simple majority of votes cast shall be required before any candidate can bedeclared elected, and a second and subsequent ballot shall be taken, if necessary, toobtain a majority. On the second and subsequent ballot the candidate receiving thelowest number of votes in the previous ballot shall be dropped.

(3) When two or more nominees are to be elected by ballot, each member voting shall berequired to vote for the full number of candidates to be elected or the member's ballotwill be declared spoiled.

(4) Any member may request a recount of the votes at the meeting and a recount shall beconducted if the request is supported, in a vote, by a simple majority of thosemembers present.

(5) Each candidate may appoint a scrutineer for the purpose of vote counting.

(6) No proxy vote shall be allowed.

c) By-Election

(1) Should an office fall vacant pursuant to Section 6 (g) of these By-laws or for anyother reason, the resulting by-election should be conducted as closely as possible inconformity with this Section.

(2) When vacancies occur between the annual elections or when there areinsufficient nominees for the various elected positions, the following procedure willtake place:

i) The Vice-President shall be Acting President until the next meeting where elections



18/23

16

for a new President will take place.

ii) If a vacancy occurs on the Executive Board, the Board shall be empowered toappoint members to fill the vacancy until the next meeting where elections will takeplace.

SECTION 13 COMMITTEES

Committees appointed by the Executive Board are subject to approval by the Local Unionmembership.

a) Special Committees

A special ad hoc committee may be established for a specified purpose and period by the

membership at a meeting. The members shall be elected at the same or anothermembership meeting or may, by specific authorization of the membership, be appointed bythe President or the Executive Board. Two (2) members of the Board may sit on anyspecial committee as ex-officio members.

b) Local Union Grievance Committee

The Committee shall be comprised of the Regional Steward or President as Chairperson andArea Vice-President and Shop Steward of the facility involved and another Shop Stewardfrom the Local. This Committee shall process all grievances not settled at the discussionstage and its reports shall be submitted first to the Executive Board, with a copy to the

CUPE Representative, and then to a membership meeting. Grievances must be in writingon the forms provided by the National Office and be signed by the complainant orcomplainants, as provided for in the collective agreement. The Committee shall revieweach grievance thoroughly. In the investigation and processing of grievances, up to andincluding the decision whether or not to refer a matter to arbitration, the Committee shallnot deal in an arbitrary, discriminatory or bad faith manner. Any appeals of the decision ofthe committee will be referred to the Executive Board. After obtaining legal opinion shallbe taken to the general membership. The grievance Committee from the site filing thegrievance will be allowed to attend all arbitration hearings unless required to be awitness. Expenses arising from this committee will be born by the Local 4593.

c) Negotiating Committee- The CUPE representative assigned to the local shall be a non-

voting member of the Committee and shall be consulted at all stages from formulatingproposals, through negotiating , to contract ratification by the members.

d) Health & Safety Health & Safety officers shall be elected or appointed by the unionat each site.



19/23

17

SECTION 14 CONVENTIONS, CONFERENCES, SCHOOLS

a) National Convention- first preference will be given to the president with equal

representation from the Table Officers and the Executive members. Members at largeshall be elected to attend convention at the General Membership Meeting in June,

subject to budget. Delegates and alternates status will always be given to TableOfficers and Executive first.

Representatives from each Facility Unit shall be as follows:0 50 members 2 Representatives51 100 members 4 Representatives101 150 members 6 Representatives150 or more 9 Representatives

b) Members from all areas will be encouraged and financially supported for attendance atschools on an equitable basis subject to budget allocations.

c) Courses must be taken in the closest location.

d) Members may apply to the Regional Executive in order to attend Educational courses,conventions, etc.

e) Applications will be voted on at the next General Membership meeting of Local 4593.

SECTION 15 - RULES OF ORDER

All meetings of the Local shall be conducted in accordance with the basic principles of Canadianparliamentary procedure. Some of the more important rules to ensure free and fair debate areappended to these by-laws as Appendix "A". These rules shall be considered as an integral part ofthe by-laws and may be amended only by the same procedure used to amend the by-laws.

In situations not covered by Appendix "A", the CUPE Constitution may provide guidance, but, ifthe situation is not dealt with there, Bourinot's Rules of Order shall be consulted and applied.



20/23

18

SECTION 16 AMENDMENT

a) These By-laws are always subordinate to the CUPE National Constitution (includingAppendix "B") as it now exists or may be amended from time to time, and in the event ofany conflict between these By-laws and the CUPE National Constitution, the latter shallgovern. Constitutional interpretation, including determination of conflicts, is in theprerogative of the National President.

b) No change in these By-laws shall be valid and take effect until approved by the NationalPresident of CUPE. The validity shall date from the letter of approval of the NationalPresident.

c) Any member may present to the Local, in writing, any amendment or alteration to these By-laws and after being read at one (1) regular meeting it shall lay over to the next regularmeeting and in the interval between the two meetings the proposed amendment or alteration

shall be posted on the Local Union bulletin boards. The amendment or alteration shall bevoted on at the meeting following its presentation to the Local. If it receives a majority voteof the members present, it shall then be adopted by the Local.

km/cope 491



21/23

19

APPENDIX "A" TO THE BY-LAWS OFREGIONAL HEALTH AUTHORITY, LOCAL 4593 C.U.P.E.

RULES OF ORDER

1. The President, or in his/her absence, the Vice-President, shall take the chair at allmembership meetings. In the absence of both the President and the Vice-President theRecording Secretary shall act as President, and in his/her absence a President pro-tem shallbe chosen by the Local.

2. No member, except the Chairperson of a committee making a report or the mover of aresolution, shall speak more than five minutes, or more than once on the same questionwithout the consent of the meeting or until all who wish to speak have had an opportunity.Chairpersons and movers of a resolution shall be limited to fifteen minutes, except with the

consent of the meeting.

3. The President shall state every question coming before the Local, and before allowingdebate thereon, and again immediately before putting it to a vote, shall ask: "Is the Localready for the question?" Should no member rise to speak, the question shall then be put.

4. A motion to be entertained by the presiding officer must be moved and seconded; bothmover and seconded must rise and be recognized by the chair.

5. A motion to amend or to amend an amendment shall be in order, but no motion to amend anamendment to an amendment shall be permitted. No amendment, or amendment to an

amendment, which is a direct negative of the resolution shall be in order.

6. On motion, the regular order of business may be suspended by a two-thirds vote of thosepresent, to deal with any urgent business.

7. All resolutions and motions other than those named in Rule 17, or those to accept or adoptthe report of a committee, shall, if requested by the presiding officer, be presented in writingbefore being put to the Local.

8. At the request of any member, and upon a majority vote of those present, a question may bedivided when the sense will admit of it.

9. Any member having made a motion can withdraw it with the consent of the seconded,except that any motion, once debated, cannot be withdrawn except by a majority vote ofthose present.

10. When a member wishes to speak on a question or to make a motion, he/she shall rise in



22/23

20

his/her place and respectfully address the presiding officer, but, except to state that he/sherises to a point of order or on a question of privilege, he/she shall not proceed further untilrecognized by the chair.

11. When two or more members rise to speak at the same time, the presiding officer shalldecide which one is entitled to the floor.

12. Every member, while speaking, shall adhere to the question under debate and avoid allpersonal, indecorous or offensive language, as well as any poor reflection on the Local ormember thereof.

13. If a member, while speaking, is called to order, he/she shall cease speaking until the point isdetermined; if it is decided he/she is in order, he/she may again proceed.

14. No religious discussion shall be permitted.

15. The President shall take no part in debate while presiding, but may yield the chair to theVice-President in order to speak on any question before the Local, or to introduce a newquestion.

16. The presiding officer shall have the same rights as other members to vote on any question.In case of a tie, he/she may in addition give a casting vote, or if he/she chooses, refrain frombreaking the tie, in which case the motion is lost.

17. When a motion is before the Local, no other motion shall be in order except (1) to adjourn(2) to put the previous question (3) to lay on the table (4) to postpone for a definite time (5)

to refer (6) to divide or amend, which motions shall have precedence in the order named.The first three of these shall be decided without debate.

18. A motion for the previous question, when regularly moved and seconded, shall be put inthis form: "Shall the main question be now put?" If it is adopted, the President shallproceed to take the vote on the resolution and amendments thereto (if any) according totheir priority. If an amendment or an amendment to an amendment is adopted, the originalresolution, as amended, shall be put to the Local.

19. A motion to adjourn is in order except (1) when a member has the floor and (2) whenmembers are voting.

20. A motion to adjourn, having been put and lost, shall not be in order again, if there is furtherbusiness before the Local, until fifteen minutes have elapsed.

21. After the presiding officer declares the vote on a question, and before the Local proceeds toanother order of business, any member may ask for a division. A standing vote shall then



23/23

21

be taken and the Secretary shall count same.

22. If any member wishes to challenge (appeal) a decision of the chair, he/she must do so at thetime the decision is made. If the challenge is seconded, the member shall be asked to statebriefly the basis for his/her challenge. The Chairperson may then state briefly for the basishis/her decision, following which the Chairperson shall immediately and without debate putthe question: "Shall the decision of the chair be sustained?" A majority vote shall decideexcept that in the event of a tie the chair is sustained.

23. After a question has been decided, any two members who have voted in the majority may,at the same or next meeting, move reconsideration thereof.

24. No member shall enter or leave a meeting during the reading of the minutes, the initiation ofnew members, the installation of officers, or the taking of a vote; and no member shall beallowed to leave without the permission of the Vice-President.

25. The Local's business, and proceedings of meetings, are not to be divulged to any personsoutside the Local or the Canadian Union of Public Employees.


Local 4593 by-Laws April 15, 2008 (Draft)

Documents

Transcript of Local 4593 by-Laws April 15, 2008 (Draft)