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Constitution and By-Laws
Local No. 911 Communications, Energy and Paperworkers Union


Chartered by:
Communications, Energy and Paperworkers Union, CLC
Affiliated With:
The Saskatchewan Area Council
The Canadian Labour Congress
The Saskatchewand Federation of Labour, CLC



Last Updated July 18, 1994


Preamble

Believing that all persons have a natural right to the full enjoyment of the wealth created by their labour, and believing that such cannot be full realized except through the united, free and democratic organization of working men and women, we do hereby unite ourselves into a Local Union to be know as the Communication, Energy and Paperworkers Union, Local 911 which shall operate as a labour, benevolent and fraternal organization.


Table of Contents

ARTICLE 1 - Name
ARTICLE 2 - Objects
ARTICLE 3 - Jurisdiction, Admission and Membership
ARTICLE 4 - Meetings
ARTICLE 5 - Officers and Their Duties
ARTICLE 6 - Local ExecutIve Board
ARTlCLE 7 - Elections
ARTICLE 8 - Expenditures
ARTICLE 9 - Real and Personal Property
ARTICLE 10 - Discipline. Trials and Penalties
ARTICLE 11 - Expenses
ARTICLE 12 - Amendments
ARTICLE 13 - Letters of Understanding

BY-LAWS

Bylaw 1 - Alternate Name
Bylaw 2 - Questions
Bylaw 3 - Questions Reconsidered
Bylaw 4 - Motions to Reconsider
Bylaw 5 - Discipline at Meetings
Bylaw 6 - Rules of Order
Bylwa 7 - Order of Business
Bylaw 8 - Non-Smoking
Bylaw 9 - Election of Officers
Bylaw 10 - Scholarship Policy
Bylaw 11 - Other Local Assistance
Bylaw 12 - Unforeseen Expenses
Bylaw 13 - Per Diems & Honorariums
Bylaw 14 - Lost Wages
Bylaw 15 - Daily Compensation
Bylaw 16 - First Aid Courses
Bylwa 17 - Jackets for Executive
Bylaw 18 - Flowers and Gifts
Bylaw 19 - Travel Expenses
Bylaw 20 - Proxy Votes
Bylaw 21 - Donation Committtee
Bylaw 22 - Dire Circumstances Loan Policy
Bylaw 23 - Philosophy and Principles

ARTICLE 1 - Name

1.01
This organization shall be known as the Communication, Energy and Paperworkers Union, Local 911 - it shall be a subordinate body of the Communication, Energy and Paperworkers Union.

ARTICLE 2 - Objects

2.01
It shall be the object of this Local Union to establish and maintain collective bargaining for the benefit of the workers in its jurisdiction, to secure working conditions conducive to safety, good health and the full enjoyment of life.

ARTICLE 3 - Jurisdiction, Admission and Membership

3.01
The jurisdiction of this Local Union shall be the computer, related, and similar industries in Canada,
3.02
The jurisdiction of the Local Union may be extended to cover employees of any or all employers who are in industries designated by Ihe National Executive Board under rules promulgated by the National Executive Board.
3.03
All workers employed within the junsdiction of the Local Union, and all employees of the National Union shall be eligible for membership in this local Union.
3.04
Membership in this Local Union shall also constitute membership in the National Union; however, no person shall act or be deemed to be an agent ofthe National Union or any chartered or subordinate body of the National Union, including this Local Union, because of his or her membership unless specifically authorized in writing, and signed by an officer of the Local Union.
3.05
No membership application shall be accepted unless satisfactory arrangements are made for payment of the initiation fee as provided for in the National Constitution. A candidates for membership shall be voted upon and it shall require a majority vote to reject a candidate. A rejected candidate shall be ineligible to apply again for a period of three months. This Local Union shall not accept into membership any person against whom charges have been preferred or fines or assessments levied, until the individual has been cleared of such charges, or has paid such fines or assessments.
3.06
Each member shall pay into the Local Union Treasury the monthly dues set by the Local Union subject to Article 6.01 of the National Constitution.
3.07
Monthly dues and initiation fees may be changed by majority vote of the members in good standing voting at a general or special membership meeting. Reasonable notice of the purpose of such meeting shall be provided to all members.
3.08
Every member shall have full rights and privileges of membership until he/she is three months in arrears for dues, assessments or fines, at which time he/she shall be suspended.
3.09
All persons, other than National Officers and staff Personnel, not in good standing in the Local Union shall be prohibited from participating in meetings and may attend meetings only when invited to do so by vote of the members.

ARTICLE 4 - Meetings

4.01
Local Unions shall hold regular monthly meetings of the membership, or as otherwise provided in the Local Union ByLaws.
4.02
A special meeting may be called by a majority of the Local Union Executive Board or upon request of the National President of the Union or his/her agent or upon request of 10 Local members presented to the Local Union President.
4.03
The time, place and date of all meetings shall be property posted so that all members may attend.
4.04
The number ot members which shall constitute a quorum at any meeting shall be seven, or such other number as may be approved by the National President.
4.05
The Local Union may authorize each bargaining unit or group within a unit to hold regular or special meetings, with proper notice, as may be required for them to transact such unit matters as are of special concern to the specific group.
4.06
Unit groups will not take any action which conflicts with either the Local Union or National Constitution. All actions not specifically authorized and all agreements negotiated by any unit group shall be subject to review and concurrence or non-concurrence by the Local Union.
4.07
National Officers and Staff Personnel may attend Local Union or unit group meetings with the right to speak. Local Union Officers and National Officers and Staff Personnel may attend group meetings or bargaining unit meetings with the right to speak. Local Union members in good standing may attend other group meetings or bargaining unit meetings, but may only speak upon consent of the majority in attendance. Only those members of a unit group shall have the right to vote.

ARTICLE 5 - Officers and Their Duties

5.01
The elected officers of this Local Union shall be: President, Vice-President, Recording Secretary. Secretary-Treasurer, Saskatoon Representative, three trustees, a representative from each unit group, and a Chief Shop Steward.
5.02
The Local Union may combine such offices as may be necessary upon a vote of the members, with the exception of the offices of President and Secretary-Treasurer (or those persons who may be delegated to the responsibilities of those offices).
5.03
The Local Union Executive Board shall consist of the foregoing officers and any other necessary additional officers as created by amendment to the Local Union Bylaws.
5.04
Officers shall be elected bi-annually; except Trustees, whose terms shall be three (3) years.
5.05
It shall be the duty of the President to preside over all membership and Local Union Executive Board meetings; to preserve order and enforce the Constitution and Bylaws ofthe Union; to appoint, subject to the approval of the membership, all special committees when election of same is not called for; to sign the minutes of the Recording Secretary after their approval by the membership; to be ex officio member of all committees; and to report on activities to the Local Union Executive Board. The President shall be entitled to vote on questions of membership and other matters voted on by secret ballot; but as chairperson of a meeting the President may cast only the deciding vote on all matters.

i) All new employees will be accounted for by the President, and the names be submitted to the Chief Shop Steward and the Executive Board by the last day of each month, or at the next board meeting.

5.06
The Vice-President shall assist the President in the performance of presidential duties. and shall act in the Presidents absence, resignation or death. If all Vice-Presidents are absent from a meeting, the meeting will elect a chairperson pro tem, with the Secretary-Treasurer calling the meeting to order. The Vice-President shall perform other duties as decided by the Executive.
5.07
The Secretary-Treasurer shall receive and issue receipts for all monies passing through the office; deposit monies or cheques received within five working days of receipt: pay all bills authorized by the Local Union; be responsible for keeping the Local Union in compliance with the Constitution by paying any obligatiorns required thereunder; make financial reports of all financial transactions to the National Secretary-Treasurer and on forms provided by the National Office; make reports at each regular meeting on all receipts. expenditures and balances; and sign cheques jointly with either The President or Vice-President to cover expenditures authorized by the mernbership or Local Executive Board. The Secretay-Treasurer shall make all books and records available to the Local Union Trustees for the purpose ofconducting an audit. The Secretary-Treasurer shall turn over all records, monies and property in good order at the end of the tenm of office.
5.08
The Recording Secretary shall keep a faithful record of meetings of the Local Union and Local Executive Board; conduct the conrespondence of the Local Union unless otherwise directed; keep a file of all matters pertaining to the office available for inspection by the Local Executive Board or officers; and perform such other duties as may be necessary for the proper administration of Local Union affairs subject to approval of the Local Union Executive Board.
5.09
The Chief Shop Steward shall preside over all duties conducted by Stewards and Unit Group Representatives as may be necessary for the proper administration of Local Union affairs subject to the approval of the Local Union Executive Board.
5.10
Unit Group Representatives shall perform duties as may be necessary for the proper administration of Local Union affairs, for the group they represent, subject to the approval of the Local Union Executive Board.
5.11
The Trustees shall keep watch over all monies and property ofthe Local Union. They shall approve the secretary-Treasurer's financial reports. As soon as possible after January 1 of each year, they shall make an annual audit for the previous year ending December 31. This audit shall be on forms provided by the National Secretary-Treasurer and be submitted before March 31 of the succeeding year.

ARTICLE 6 - Local ExecutIve Board

6.01
The Executive Board shall be composed of all Local Union Officers.
6.02
The Executive Board shall meet at least once each month.
6.03
The Executive Board shall conduct the affairs of the Local Union subject to the approval of the membership and in accordance with the Constitution .
6.04
The Executive Board shall report at each regular membership meeting all its decisions and actions.
6.05
The President shall serve as Chairperson of the Executive Board.
6.06
The Executive Board may at any time require from any Officer or Committee a full and detailed report on any business done in the name of the Local.
6.07
All collective agreements and amendments to collective agreements entered into by the Executive Board on behalf ofthe Local Union shall be first approved and ratified by the majority of those members voting thereon at a regular or special meeting called for such purpose.
6.08
Subject to paragraph 7, the ExecutIve Board shall have authority to act for the Local Union membership between meetings.

ARTlCLE 7 - Elections

7.01
No member of this Local Union shall be eligible to hold office 'who is not in good standing at the time of the nomination and election, and who has not been a member in good standing for a period of six (6) months immediately preceding the election. However, this limitation shall not apply to newly chartered Locals or newly affiliated groups of less than six months standing.

7.02

Notices as to the date of nominations and elections of officers shall be placed on company bulletin boards, and reasonable effort shall be made to notify all members.

7.03

Any member in good standing may nominate candidates for office.

7.04

The Local Union Executive Board may promulgate written rules for the conduct of all elections. Such rules may include the method of selecting the election committee and any question concerning runoff elections, opening and closing the polls, validity of ballots, complete regulations covering balloting by mail and other procedures which will guarantee reasonable opportunity for the exercise of franchise and the holding of a fair and representative election. These rules and procedures shall be subject to membership approval.

7.05

The election of Local Officers shall be by secret ballot among the members in good standing.

7.06

It shall require a majority of the votes cast to elect; except that a Local Union may, by proper constitutional amendment approved by the National President, provide for the election of trustees and any other duplicate offices by plurality vote. Trustees of newly chartered Local Unions shall serve as follows: The candidate receiving the greatest number of votes, three (3) years; the candidate receiving the second larrgest number a votes, two (2) years: and the candidate receiving the third largest number of votes, one (1) year.

7.07

In the event that any member or group of members questions the results of an election, such question must be reduced in writing and delivered to the President of the Local within seven (7) calendar days, from the time of the announcement of the election results, whereupon the President shall appoint a special committee for the purpose of investigation and report on their findings.

7.08

Where a Local Union finds it advisable to change the date of nominations and elections to prevent a change of officers during contract negotiations or for other good and sufficient reasons, it may do so by Local Union action. subject to the approval of the National President. but in no case may it shorten or lengthen any officers term of office by more than six(s) months.

7.09

The Executive Board will promulgate rules and regulations for the selection of bargaining unit officers, Committeemen and Stewards subject to the approval of the membership concerned.

7.10

All delegates to the National Convention and Area Councils and other bodies with which the Local may be affiliated shall be elected by secret ballot among the members in good standing and in attendance at the meeting. Reasonable notice must be given to the membership preceding the election of delegates to the convention. The Local Union may designate certain officers by virtue of their office to be standing delegates to the Convention, Area Councils or other bodies with which the Local may be affiliated, provided such election of officers is conducted by secret ballot.

ARTICLE 8 - Expenditures

8.01
All financial Officers can be bonded through the National Union in an amount determined the the National Executive Board. The National Union shall pay the cost thereof.
8.02
No officer of the Local Union shall have the power to incur indebtedness on its behalf or appropriate any money without authority from this Constitution and Bylaws or from the Local Union.
8.03
All Local Union funds shall be deposited in a government insured bank, in the name of the Local Union, or shalt be deposited in a trust company that is federally insured; except that a Local Union may deposit its funds in a federally or provincially chartered credit union.
8.04
The Local Union may invest surplus funds not required to meet current or reasonably anticipated obligations, subject to approval by its membership.
8.05
It shall be the duty and the responsibility of the Secretary-Treasurer to deposit and keep in a safe deposit box in the name of the Local Union all securities held by the Local Union and such securities shall be inspected and accounted for to the membership by the trustees every ninety (90) days.
8.06
Financial obligations to the National Union must be paid before any other obligations are met.
8.07
No other money shall be paid from the Local Union Treasury unless approved by a majority vote at a regular meeting of the Local, except that the Local Union Executive Board may approve and enter into the minutes authorization to pay routine bills which regularly recur in routine operations of the Local's business.

ARTICLE 9 - Real and Personal Property

9.01
All officers, at the expiration of their terms of office, when removed from office, or when their office is declared vacant, shall deliver to their successors all books, paper, monies, and other property in their possession belonging to the Union, and they shall not be released from their bonds or obligation until this section is complied with. All members or employees 'who hold or have in their possession any monies, books, records or other property of the Local Union during any period when such member or employee is designated to perform duties on behalf of the Local Union shalt deliver all such monies, books, records and other properties to the Secretary-Treasurer of the Local Union upon completion of such assignment.
9.02
The President, Secretary-Treasurer and Trustees, and their successors, shall constitute a Board of Trustees for the purpose of holding title to both personal property and real estate taken in the name of the Local Union. Upon prior approval of the Local Union, the Board of Trustees shall be authorized to buy, sell, transfer, lease and contract for personal property and real estate of the Local Union.
9.03
Membership in the Local Union shall not vest in any member any right, title or interest in the funds, property or other assets of the Local Union or the National Union.

ARTICLE 10 - Discipline. Trials and Penalties

10.01
Article 17 of the National Union Constitution and the provisions contained therein is hereby incorporated into this Local Union Constitution.

ARTICLE 11 - Expenses

11.01
The Local Union may pass by-laws to provide for the payment of per diem, lost wages and any other reasonable expenses incurred by its members in the pursuit of authorized Union business.

ARTICLE 12 - Amendments

12.01
This Constitution and By-laws may be amended by a 2/3rds vote at a regular meeting of the Local Union, provided the amendment has been presented in writing and read at a previous meeting.
12.02
All amendments to this Constitution shall become effective only after receiving approval of the National President or the Executive Board.
12.03
This Constitution and By-laws may also be amended by the National Union in convention.
12.04
Notwithstanding anything to the contrary herein, this Constitution and By-laws and approved amendments thereto shall be subject to and shall not in any way be construed to supersede any of the provisions of the National Union. In the event of conflict between this Constitution and By-laws, and the Constitution ofthe National Union, the provisions of the latter shall prevail.

ARTICLE 13 - Letters of Understanding

13.01
All Letters of Understanding between the Company and the Union will be negotiated and signed by all members of the Negotiating Committee/ Dialogue Committee only after full disclosure to and debate by the general membership, and only after ratification by the general membership.
13.02
No Letters of Understanding will be agreed upon which cannot be supported by policy of the National Body of the C.E.P.

BY-LAWS

  1. Local 911 of The Communications, Energy, and Paperworkers Union of Canada will also be known as The Association for Computer Technology or A.C.T.

  2. All questions, unless otherwise provided, shall be decided by a majority vote of those voting.

  3. When a question has been decided, it can be reconsidered only by a 2/3rds vote of those present and voting.

  4. A motion to reconsider must be made and seconded by two (2) members who voted with the majority.

  5. A member ordered to be seated three times by the chair without heeding shall be debarred from participating in any further business at that session.

  6. Unless otherwise provided, Robert's Rules of Order shall apply to all proceedings or the Local Union.

  7. The following Order of Business shall apply to all Local meetings, but may be changed by the Local Union to meet particular circumstances of the Local Union, subject to the approval ofihe National President.

    Order of Business

    1. Call meeting to order
    2. Reading of the minutes of the previous meeting
    3. Reports of officers and committees
    4. Unfinished business
    5. Good and Welfare
    6. New business information items
    7. Adjournment of meeting

  8. All general meetings whether on-site or off-site should be non-smoking.

  9. Election of Officers Procedures
    1. Subject to membership ratification. the Executive will appoint one returning officer and two scrutineers. The returning officer will be responsible for collecting ballots. All three will be responsible for the validation and counting of all ballots.
    2. The Recording Secretary will be responsible for the notification of the election, creation and accurate distribution of ballots.
    3. Each member shall be given a ballot marked by the Recording Secretary. Ballots will be placed in either the mid-month or end-of-month cheque stubs.
    4. The election notice will be posted one (1) week prior to the closing date for the election. All possible efforts will be made to begin and end the election during mid week.
    5. The date and time the ballots are to be returned will be posted.
    6. (there is no point (vi)).
    7. Requests for nominations will be made three weeks and one day prior to closing date for the elections. The 'Call for Nominations' will be posted on all bulletin boards with a 'Closing of Nominations' date stated for two weeks later. The nominator must sign his/her name as a nominator and give the nominee's name. The nominee must the sign his/her name if he/she plans to let his/her name stand. A letter to the Executive Board stating his/her intentions is also permissible.
    8. The Recording Secretary will be responsible for notification of nominations, creating, posting. and collecting nomination sheets.
    9. The election of Trustee will be a plurality vote if there is more than one position available. The candidate receiving the greatest number of votes to receive the greater number of years term available. The candidate receiving the second largest number of votes to receive the second largest number of years term available and the candidate receiving the third largest number of votes to receive the 1 year term if it is available.

      NOTE: Communications shall be made by PROFS as long as it remains practical. Nomination sheets will be posted on all bulletin boards.


  10. Scholarship Policy
    1. The amounts of each scholarship will $300.00.
    2. Up to 9 scholarships will be distributed each February. The rest of the yearly allotment (up to 18). will be eligible for distribution each October
    3. Qualified applicants are the spouse, children and dependents ofa Local 911 Union member in good standing, or any Local 911 Union member in good standing.
    4. Qualified applicants must be full time students as defined by the institution they are attending.
    5. Applicants may apply before each term, for an amount of $300.00 per term, to a maximum of $600.00 per elapsed year.
    6. Applications will be accepted during January and September of each year.
    7. Payments will be made after the date for dropping classes has passed.
    8. Payments will be made directly to the applicant.
    9. Preference will be given to those applicants who have previously received the least number of schoLarships.
    10. Preference will be given to the applicant based on the seniority of the sponsoring Local Union Member.
    11. Unclaimed monies will not be available for scholarships in subsequent years. and can be used for general union business.
    12. The local will make available $5400.00 per calendar year for scholarships.


  11. The executive board will be authorized to provide monetary support. at their discretion. to other unions in need, the amount per donation not to exceed $500 and to be reported at the next general meeting. Also, the Executive Board will be authorized to pay routine bills which regularly recur in routine operations of the local's business.

  12. The executive board will be authorized to spend, at their discretion, up to $300 at a time for unforeseen local expenditures. These expenditures will be reported at the next general meeting.

  13. Per diems will follow that of the National Constitution (Expense Policy). In addition, mileage will be paid at the rate outlined in the National Expense Policy. The President's honorarium will be $72.00 per month, and the Recording Secretary and Secretary Treasurer each will receive $58.00 per month. An honorarium will not be paid to any member serving in a full time capacity as representative for the local union.

  14. The Union will pay lost wages, and any other actual and reasonable expenses incurred by its members in the pursuit of authorized union business.

  15. Union members attending official union business outside of work hours shall be entitled to either:
    1. $200 per day (or percentage thereof). or
    2. equal time off work at another time agreeable between the union and management, paid for by the union along with other actual and reasonable expenses.

  16. The union will pay for the tuition expenses for any union member taking a registered First Aid Course,

  17. Each executive board member will be entitled to receive a union jacket paid for by the union local not more than once in a lifetime.

  18. The union will send flowers or gifts to any union member or his/her family who are hospitalized. It will also send same for the death of a family member.

  19. Wherever two or more members are traveling from the same location or from the same general direction, they will be expected to make arrangements to connect up and travel in one car. Bus, train, or plane travel is permissible if connections will not lead to undue time loss. For out of town travel the member will be entitled to bus fare, first class train fare, or economy class plane fare. A member wishing to use his/her own car may do so and claim for actual mileage used to a maximum of the bus, train, or plane fare, whichever is the highest.

  20. For the purposes of Collective Agreement Revision or strike mandate ratification, proxy votes will be accepted if the member is unable to attend a ratification meeting due to work assignment or union business away from the city of their designated headquarters. Reasonable efforts will be made to make printed details of the Collective Agreement Revisions available to members away from their aforementioned headquarters, these efforts will not be just cause to delay the ratification vote. Proxy votes will not be accepted for any other reasons.

  21. Donation Committee

    Scope of Donation Committee

    Available Donations

    Donation Rules

    Labour Unrest Donation

    Unused portion shall not be carried over from calendar year to calendar year

  22. Dire Circumstances Loan Policy
    1. This document outlines the policy associated with how a member of C.E.P. Union Local 911 can apply for a loan from the Union. It is expected that the member would have exhausted all other options to obtain funds before making application to the Union for a loan,
    2. The shop steward or representative from the Union Executive will gather the appropriate details and make a presentation on the members behalf to the Executive. The membership will be notified at the next general meeting of the terms of any agreement made by the Executive to loan money. The name of the member requesting a loan will remain confidential to the membership.
    3. This policy is intended to be used for all situations involving loans of money to the membership. The Executive is not to use its discretionary spending limit for this purpose. All decisions regarding loans will be made by the union Executive within these policy guidelines. The Executive will not allow an appeal of its decision on the terms of the loan agreement. The Executive continues to change over the loan repayment period and as such should not reasonably be held accountable for the loan decisions made by a prior Executive.
    4. The Executive has a maximum limit of $5000.00 per year to be used for loans. The loan amount per member will not exceed $1500.00 in total. The interest rate will be an average rate determined from currently invested union funds. The repayment period will not exceed three years. If there is a problem with repayment of the loan, the Executive will make specific recommendations to the member through EFAP.
    5. This policy may be suspended by the Union Executive at any time.

  23. Union Philosophy and Principles.

PHILOSOPHY
We encourage. protect, and recognize the inherent dignity and contribution of our members, advocating and promoting a free and democratic organization that pursues excellence. We support fully the progress of the Labour movement, our community, and the enterprise of which we are a valuable part.

PRINCIPLES

THE MEMBERSHIP:
We recognize the well being of the membership is highest priority.
EXCELLENCE:
We strive for excellence in all we do such that we earn the respect of our membership, the labour movement, the community, and our employer.
DEMOCRACY:
We are a democratic organization, promoting member participation so members' needs and concerns are addressed.
THE INDIVIDUAL:
We recognize the importance of the individual, and the need of opportunities for members to achieve their personal goals.
COMMUNITY:
We support our community by involvement in activities which benefit quality of life.
LABOUR MOVEMENT:
We participate and lead in the Labour Movement to ensure unions are a progressive and purposeful force in society.
ENTERPRISE:
We support our corporation's successful enterprise by participating in it's development.