C.U.P.W. Vancouver Local
By-Laws
Amended 2002

 

 


                                                                    INDEX 

 

                     Article #               Title

                                                                INDEX

                         ARTICLE 1                 NAME, AFFILIATION, COMPOSITION AND AUTHORITY

                         ARTICLE 2                 OBJECTIVES

                         ARTICLE 3                 CONDITIONS OF MEMBERSHIP AND EQUAL RIGHTS

                                  3.1                         Eligibility for Membership

                                  3.2                         Loss of Status of Member in Good Standing and Reinstatement

                                  3.6                         Loss of Membership and Re-admission

                         ARTICLE 4                 DUES AND INITIATION FEES

                         ARTICLE 5                 LOCAL EXECUTIVE COMMITTEE

                         ARTICLE 6                 DUTIES OF THE EXECUTIVE COMMITTEE

                                  6.0                         Line of Authority of Table Officers

                                  6.1                         Local President

                                  6.2                         First Vice-President

                                  6.3                         Second Vice-President

                                  6.4                         Secretary-Treasurer

                                  6.5                         Grievance Officer

                                  6.6                         Education Director

                                  6.7                         Health and Safety Director

                                  6.8                         Organizational Director and Tyler

                                  6.9                         Recording Secretary/By-laws Chair

                                 6.10                        Chief Stewards

                         ARTICLE 7                 THE LOCAL SHOP STEWARD

                         ARTICLE 8                 COMMITTEES AND DUTIES OF COMMITTEES

                                  8.1                         Standing Committees

                                  8.2                         Duties of Committees

                               8.3 A                       Grievance Committee

                                8.3 B                        Legislative Committee

                                8.3 C                        Health and Safety Committee

                                8.3 D                       Balloting Committee

                                8.3 E                        Trustee Committee

                                8.3 F                        Organizing Committee

                                8.3 G                        Discipline Committee

                                8.3 H                       Education Committee

                                8.3 I                        By-laws Committee

                                8.3 J                        Publications Committee

                                8.3 K                       Finance Committee                                                                                                                                         

                                8.3 L                        MSC Route Evaluation Committee

                               8.3 M                       Letter Carrier Walk Evaluation Committee

                                8.3 N                       Householder Verification Committee

                                8.3 O                       Human Rights Committee

                                8.3 P                        Women's Committee

                                  8.4                         Ad-Hoc Committees

                                  8.5                         Duties of Delegates

                         ARTICLE 9                 NOMINATIONS, ELECTIONS AND VOTING PROCEDURES

                                  9.1                         Full-Time Officers

                                  9.2                         Table Officers

                                  9.3                         Chief Stewards

                                  9.4                         Shop Steward Body

                                  9.5                         Election of Committees and Delegates

                                  9.6                         Voting Procedures

                                  9.7                         By-Elections

                        ARTICLE 10                MEETINGS

                                 10.1                        Monthly and Annual General Meetings

                                 10.2                        Special Meetings

                                 10.3                        Joint Shop Steward and Executive Meetings

                                 10.4                        Shop Steward Meetings

                                 10.5                        Quorum

                        ARTICLE 11                FINANCES

                                 11.1                        General

                                 11.2                        Loss of Wages

                                11.3                        Superannuation

                                11.4                        Night Workers' Recovery Leave

                                11.5                        Child Care

                                11.6                        Part-Time Workers

                                11.7                        Temporary Workers

                                11.8                        Full-Time Paid Officers

                                11.9                        Per Diem

                               11.10                       Standing Committee Budgets and Expenditures

                        ARTICLE 12                DISCIPLINE

                        ARTICLE 13                GENERAL

                        ARTICLE 14                COVERAGE OF ABSENCES AND VACANCIES

                        ARTICLE 15                REVIEW OF BY-LAWS

 

                          

ARTICLE 1

NAME, AFFILIATION, COMPOSITION AND AUTHORITY

1.1           The name of the Union shall be the Canadian Union of Postal Workers (C.U.P.W.) Vancouver Local, to be chartered to and affiliated with the Vancouver and District Labour Council, the British Columbia Federation of Labour and the Canadian Labour Congress.

1.2           The Local is composed of the members as a whole.  It is also comprised of the Local Executive Committee and other Committees elected by the Membership.

1.3           The highest authority resides with and comes from the Membership as expressed at a Regular General meeting, at a Special Meeting or Annual General Meeting for which proper notice has been given and the Agenda published as per these By-laws or by Referendum Vote.

ARTICLE 2

OBJECTIVES

2.1           The objectives of the Union shall be:

                2.1 A           To improve the general well-being of the Members, in particular the hours of work and working conditions of the Members.

                2.1 B           To support the fundamental principles of Trade Unionism and the improvement of conditions for all workers.

                2.1 C           To defend and promote the rights and benefits acquired by the Union.

ARTICLE 3

CONDITIONS OF MEMBERSHIP AND EQUAL RIGHTS

3.1           All employees of Canada's Postal System, communications and related services, who do not have management authority are eligible for membership.  All members of the Union enjoy equal rights without discrimination, including but not limited to sex, age, occupation, ethnic origin, political beliefs or affiliation and sexual orientation or preference; under the following conditions:

                3.1 A           Signs an application for membership card and pays the initiation fee;

                3.1 B           Undertakes to comply with the Constitution and Policies of the Union;

                3.1 C           Be accepted by the Local

3.2           Loss of Status of Member In Good Standing and Reinstatement

                A person shall no longer be a member in good standing in the Union when:

                3.2 A           Such person has been suspended from membership in accordance with the provisions of Article 8 of the National Constitution.

                3.2 B           Such person is in arrears of three months or more in the payment of Union dues and/or assessment.

                3.2 C           Such members if performing managerial functions on a temporary basis in a position outside a bargaining unit for which the Union is the bargaining agent.

3.3           A person who is not a member in good standing may not exercise any of the rights afforded a member under the National Constitution and the By-laws of the Local or hold office in the Union or Local.  The loss of the status of member in good standing is automatic.

3.4           A person may be reinstated as a member in good standing when:

                3.4 A           A suspension imposed has ended.                                              

                3.4 B           Such person has paid all arrears in Union dues and/or assessments.                                                                                   

                3.4 C           Such member has ceased to perform managerial functions on a temporary position outside a bargaining unit for which the Union is the bargaining agent.

3.5           The person who wishes to be reinstated as a member in good standing shall notify her/his Local.  The Local shall ensure that the conditions provided for in the preceding section have been fulfilled, and the person is reinstated as a member in good standing.  However, a member who has lost her/his status as a member in good standing because of his/her suspension from membership in the Union may be reinstated again as a member in good standing prior to the end of her/his suspension under the conditions determined by the Local.

3.6          LOSS OF STATUS OF MEMBER AND RE-ADMISSION

3.6           A person shall no longer be a member of the Union when:

                3.6 A           Such person is no longer an employee as defined under Section 1.04 of the National Constitution.

                3.6 B           Such person resigns from the Union.

                3.6 C           Such person is expelled from the Union in accordance with the provisions of Article 8 of the National Constitution.

                3.6 D           Such person is no longer an employee in a bargaining unit for which the Union is certified or on behalf of which the Union is seeking certification.  Any person who is no longer a member shall lose all rights related to such status.

3.7           The loss of member status in accordance with the preceding section is automatic.

3.8           Any person who has previously been a member of the Union may be readmitted as a member provided such person complies with the provisions of Section 1.04 of the National Constitution and fulfills the other conditions which may be required by the By-laws of the Local.

3.9           When the person requesting to be readmitted has been expelled from the Union, such person shall pay a readmission fee as determined by the Local; but this shall be at least $40.00 and at most $300.00.

3.10         A Local may, with respect to the readmission of a member, impose any particular condition which it shall deem appropriate.  When any particular condition is placed on the readmission of a member, the entire case must be forwarded to the National Executive Board for revision or acceptance.

3.11         Subject to revision by the National Executive Board, readmission of a member is left entirely to the discretion of the Local.  However, the Local shall take into consideration the following factors:

                3.11 A         The reason for which the person ceased to be a member.

                3.11 B         The person's attitude towards the Union and the Local prior to ceasing to be a member and since the person has been no longer a member.

                3.11 C         When the person involved has been expelled; the seriousness of the grounds for such expulsion and all extenuating and aggravating circumstances, together with the period elapsed since the person's expulsion.

3.12         When a member is transferred from one Local to another, all her/his rights are maintained and she/he does not have to be admitted or readmitted as a member.  She/he shall however, resign from any position to which she/he was elected or appointed by the members of the Local she/he is leaving.

3.13         Honorary Membership may be conferred upon any retired member in recognition of outstanding service to the Local.  Such member shall have voice but no vote.

                                                                                                                   

ARTICLE 4

DUES AND INITIATION FEES

4.1           Subject to the National Constitution and further ratified by the membership, the initiation fee and monthly dues structure shall be:

                4.1 A           The initiation fee shall be $5.00 except during organizational campaigns where the amount of initiation fee shall be the same as that required under the relevant legislation.  The initiation fee shall remain the property of the Local.

                4.1 B           The National monthly dues for all employees shall be in accordance with the National Constitution.

                4.1 C           The Local monthly dues assessment shall be $4.50.

4.2           Each member shall pay without delay any assessment imposed in accordance with the National Constitution.

ARTICLE 5

LOCAL EXECUTIVE COMMITTEE

5.1           The Local Executive Committee shall consist of Table Officers nine (9) and Chief Stewards eight (8).

                5.1 A           The Table Officers shall consist of the President, First Vice-President, Second Vice-President, Secretary-Treasurer, Grievance Officer, Education Director, Health and Safety Director, Recording Secretary/By-laws Chair, and Organization Director/Tyler.

                5.1 B           Chief Stewards shall come from the following areas:

                                    1.         VMPP Day Shift/Wickets/Group 1 C&D (one representative);

                                    2.         VMPP Afternoon Shift/Group 1 C&D (one representative);

                                    3.         VMPP Midnight Shift/Group 1 C&D (one representative);

                                    4.         Outside Function (three representatives, at least one of which will come from each outside function, L.C. and M.S.C.  However, in the event that a position remains vacant after two consecutive postings, it shall be posted as an Outside Function Group 2 vacancy with no restrictions);

                                    5.         G.S. and G.L.&T./Glen Drive Facility (one representative);

                                    6.         VPDC Group 1 All Shifts (one representative).

5.2           The Executive Committee shall be responsible for the direction and administration of the Local in line with the orientation decided by the members according to the National Constitution, the resolutions adopted at Regular or Special meetings as defined by these By-laws, or the mandates via referendum, and:

                5.2 A           Have the obligation to enforce the National Constitution.

                5.2 B           Be responsible for all representations before the employer.

                5.2 C           Be responsible for all public statements of the Union at the Local level.

                5.2 D           Receive and study all reports and other matters concerning the welfare of the Union duly referred to it.

                5.2 E            Be the only one responsible to make recommendations to the members or to take decisions in line with the National Constitution and Policies of the Union unless otherwise stated in the National Constitution.

                5.2 F            Have the obligation to meet prior to a Regular Membership Meeting.

                                                                                                                                                                                                                                               

                5.2 G           Work to spread the most complete understanding possible of the Union's Policies, the nature of the Union's struggles, and all other matters concerning the Union and the Trade Union movement in general.

                5.2 H           Shall be responsible for the implementation of the Union's Policies in matters of organization, preparation of strike structures, recruiting or any other organizational campaign launched by the National Executive Board.

                5.2 I             Establish and maintain communications between the members and the main organisms of the Union.

                5.2 J            Be responsible for the Local educational programme.

                5.2 K           Inform the members and promote Union education through bulletins, communiqués, and any other adequate means.

                5.2 L            Be responsible for the orientation, preparation and distribution of all publications intended for members.

5.3           All Table Officers shall be elected by the general membership and shall be members of the Executive Committee.

5.4           All members of or nominees to the Executive Committee must be members in good standing on the dates of nomination and election and remain in good standing during their term of office.

5.5           The quorum for a Local Executive meeting shall be 50% plus one of the Local Executive Committee members currently holding office.

5.6           No person shall hold more than one Executive position.

5.7           Executive Access

                5.7 A           Any member or group of members may address the Executive Committee.

                5.7 B           The time limit for each presentation shall be ten (10) minutes per member or group.

                5.7 C           The Executive Committee may elect to limit the number of presentations at each Executive Meeting to three (3).  Scheduling shall be on a first applied, first granted basis.

5.8           Committee Reports

                5.8 A           When a Committee wishes to circulate a written report to the membership, the report must first be presented to the Executive Committee.

                5.8 B           After reviewing the Committee's Report, the Executive Committee will either:

                                    (i)        circulate the report without a comment or recommendation; or

                                    (ii)       circulate the report with a separate sheet listing any comments on the report, and/or any specific or general recommendation(s).

                5.8 C           At no time does the Executive Committee have the right to block circulation, or alter, or edit any Committee's Report.  However, reports that could be considered slanderous and/or libelous for legal reasons must be clearly identified as not being an official union publication.

ARTICLE 6

DUTIES OF THE EXECUTIVE COMMITTEE

6.0           Line of Authority

                The line of authority of the Local's Table Officers shall be:

                President, First Vice-President, Second Vice-President, Secretary-Treasurer, Grievance Officer,                                                         

                Education Director, Health and Safety Director, Organization Director/Tyler, Recording Secretary/    By-laws Chair.

6.1           The Local President shall:

                6.1 A           Be the senior officer of the Local.

                6.1 B           Be an elected Full-Time Officer and voting member of the Executive Committee

                6.1 C           Have the responsibility for the enforcement of the National Constitution and Policies of the Union.

                6.1 D           Be responsible for the grievances in her/his Local.

                6.1 E            Be responsible for Local Union-Management meetings.

                6.1 F            Implement the decisions of the members assembled at a General Meeting, Special Meeting, or by Referendum.

                6.1 G           Have the right to look into any matter falling under the jurisdiction of the Union at the Local level and take measures to ensure that all Local Officers and members comply with the obligations and duties of their positions.

                6.1 H           Interpret the By-laws of her/his Local and her/his interpretation shall be maintained unless it is contested and such contest is supported by the majority of the Local Executive Committee or by the majority of the members assembled at a General Membership Meeting.

                6.1 I             Take initiatives for the good and welfare of the Union on matters not provided for in the Local By-laws subject to the approval of the members.

                6.1 J            Shall have the authority to appoint an acting Shop Steward subject to the ratification of the Executive Committee.

                6.1 K           Shall be ultimately accountable for the provision and content of Union education in the Local in order that the Union orientation and issues relating to the Collective Agreement be properly communicated to and understood by the membership.

                6.1 L            Chair the meetings of the Local Executive Committee, any Committee not having a designated Chairperson and all Membership Meetings and Special Meetings.

                6.1 M          Impose, as a policy of the Union, the rule according to which no Local Officer may meet alone with a representative of the employer to discuss Union matters.

                6.1 N           Ensure the implementation of the Union's Policies in all representations before the employer at the Local level.

                6.1 O           Be responsible for public relations at her/his Local level.

                6.1 P            Report to the members on the decisions and recommendations of the Local Executive Committee.

                6.1 Q           Keep the Executive Committee informed on all activities between Local and National headquarters of the CUPW.

                6.1 R           Shall be a recognized signing officer of the Local.

                6.1 S            The President or his/her designate shall be an ex officio member of all committees except for the Discipline, Women's and Trustee Committees.

6.2           The First Vice-President:

                6.2 A           Shall be an elected Full-Time Officer and voting member of the Executive Committee.

                6.2 B           Shall work with and assist the President in the performance of her/his duties and wherever                                                                                                            

                                    possible accompany the President in meetings with postal management.                                                                            

                6.2 C           In the event the President is unavailable, the First Vice-President shall act in her/his stead.

                6.2 D           Shall assist the Grievance Officer in all matters relating to the grievance procedure.  The First Vice-President shall be responsible, in coordination with the Second Vice-President, for filing Staffing grievances.

                6.2 E            Shall be a recognized signing officer of the Local.

6.3           The Second Vice-President:

                6.3 A           Shall be an elected Full-Time Officer and voting member of the Executive Committee.

                6.3 B           In the event that the President and the First Vice-President are unavailable, the Second Vice-President shall act in her/his stead.

                6.3 C           Shall be responsible for coordinating all W.C.B. appeals in the Local.

                6.3 D           Shall be a member of the Local Health and Safety Committee.

                6.3 E            Shall be responsible for monitoring Staffing in the Local.

                6.3 F            Shall work with, and assist the Grievance Officer and the Education Director on matters of Health and Safety.

                6.3G           Shall be a recognized signing Officer of the Local.

6.4           The Secretary-Treasurer shall:

                6.4 A           Be an elected Full-Time Officer and voting member of the Executive Committee.

                6.4 B           Be responsible for all official documents of the Local.

                6.4 C           Be responsible to sufficiently train the Organization Director/Tyler to enable this officer to act as the designated replacement.

                6.4 D           Be responsible for all the Local's correspondence and shall convey it to the Executive Committee and the General Membership Meetings.

                6.4 E            Prepare notices of all General Membership Meetings and Special meetings and arrange to distribute and post such notices at least (10) ten days prior to such meetings.

                6.4 F            Be entrusted with the funds of the Local, approve all cheques to be signed for expenses authorized under the National Constitution, or by resolutions passed at meetings, deposit immediately all monies she/he receives on behalf of the Local and sign cheques along with the President, or in her/his absence, the First Vice-President or the Second Vice-President.

                6.4 G           Be responsible for bookkeeping records of the Local and keep them ready for submission to the Local's Trustees.

                6.4 H           Prepare a financial statement annually and present such statement at the Annual General Meeting of the Local.  Copies of such statement shall be distributed to all members present at these meetings.

                6.4 I             Not issue any cheques in payment of any account not provided for in the budget or authorized by the By-laws or the National Constitution, unless approved by the majority of the Executive Committee.  Such payment shall be subject to ratification at the next General Meeting of the membership of the Local.

                6.4 J            Not pay any money without a bill or signed voucher.

                6.4 K           Present a report on the state of the Local's finances to General Membership Meetings.                                                   

                6.4 L            Submit, every two months, a financial report to her/his National Director, showing the credit balance at the beginning of the period, and the general fund credit balance at the end of the period.

                6.4 M          Be responsible for submitting the Local's financial report to the National and Regional Offices, as per the requirements of the National Constitution.

                6.4 N           Ensure that an up-to-date mailing list of the membership is maintained.

                6.4 O           Establish and maintain an efficient system for the secretariat and treasury.

                6.4 P            Establish and maintain an efficient system for the membership control and monitor the check-off.

                6.4 Q           Be responsible for per capita tax on all members in good standing, including those members not on check-off who pay dues locally.

                6.4 R           Upon vacating office for any reason, shall ensure that the Local's books are audited and an up-to-date detailed financial statement is prepared prior to another person assuming the position.  These reports shall be brought to the next Executive Committee Meeting and General Membership Meeting.

6.5           The Grievance Officer:

                6.5 A           Shall be an elected Full-Time Officer and voting member of the Executive Committee.

                6.5 B           Shall prepare, arrange, and oversee the hearing of all grievances at the first level.

                6.5 C           Shall maintain an up-to-date grievance filing system.

                6.5 D           Shall chair at least six (6) Grievance Committee Meetings per year to deal with matters relating to the grievance procedure.

                6.5 E            Shall maintain a liaison between the Local and Regional Grievance Officer.

                6.5 F            Shall report to the Executive Committee.

6.6           The Education Director:

                6.6 A           Shall be an elected officer and voting member of the Executive Committee and shall also be the chair of the Education committee.

                6.6 B           Shall in conjunction with the Education Committee coordinate and prepare educational materials and seminars for the membership.

                6.6 C           Shall work in conjunction with the Regional and National Education Officers.

                6.6 D           Shall be the spokesperson for the Publications Committee on the Executive Committee and shall be a member of the Publications Committee.

6.7           The Health and Safety Director:

                6.7 A           Shall be an elected officer and voting member of the Executive Committee and shall be the Chairperson of the Health and Safety Committee.

                6.7 B           Shall coordinate the activities of the Health and Safety Committee.

                6.7 C           Shall report to the Executive Committee.

6.8           The Organization Director and Tyler:

                6.8 A           Shall be an elected officer and voting member of the Executive Committee.

                6.8 B           Shall maintain the membership attendance book for Executive Committee, General Membership and Special Meetings.                                                                            

                6.8 C           Shall maintain a monthly listing of members eligible to run for office in the Local, as set out in Article 9.

                6.8 D           Shall check membership credentials at all General Membership and Special Meetings.

                6.8 E            Shall maintain order at meetings as requested from the Chair.                                                                                                

                6.8 F            Shall audit attendance at meetings to see that a quorum is maintained.

                6.8 G           Shall chair the Organization Committee.

                6.8 H           Shall receive sufficient training from the Secretary-Treasurer to act as the designated replacement for this Officer.

6.9           The Recording Secretary/By-Laws Chair:

                6.9 A           Shall be an elected officer and voting member of the Executive Committee.

                6.9 B           Shall take the minutes of all Executive Committee, General Membership and Special Meetings of the Local.

                6.9 C           Shall be the Chair of the By-laws Committee.

6.10         Chief Stewards:

                6.10 A         Shall be elected officers and voting members of the Executive Committee.

                6.10 B         Shall be members of the Grievance Committee.

                6.10 C         Shall report and consult with the Second Vice-President regarding Health and Safety matters for their shift or work area.

                6.10 D         Shall accompany the President or First Vice-President into management meetings, when requested by the President or First Vice-President.

                6.10 E          Shall work in conjunction with the Grievance Officer on the preparation and hearing of grievances at the first level and arbitration, when required.

                6.10 F          Shall attend appropriate monthly Shop Steward meetings, and shall make reports to the Shop Steward meetings and the Executive Committee.

                6.10 G         All Chief Stewards shall be given the opportunity to assist the Grievance Officer in the preparation and processing of grievances.  The Chief Stewards shall be booked off on an equitable and rotating basis not to exceed a collective total of thirty (30) days per fiscal year.

ARTICLE 7

THE LOCAL SHOP STEWARD

7.1 A       Is the link between the Local Executive Committee and the members.

7.1 B       Shall work under the leadership of her/his Chief Steward.

7.1 C       Shall maintain and document information on the complaint procedure, grievances, all disciplinary matters and any violation of members' rights.

7.1 D       Shall welcome and sign up new members, inform them of Union services and benefits.

7.1 E        Promotes the Policies of the Union and enforces the National Constitution and the decisions of the members taken at Convention, through a referendum or at a General Membership Meeting.

7.1 F        Ensures a strong Union presence at the work place.

7.1 G       Enforces the Collective Agreement.

7.1 H       Promotes the objectives of the Union and those of the Labour Movement in general.

11                                                                                                               

7.1 I         Regularly informs the members of the decisions of a General Membership Meeting, the activities of the Union, the Union Publications and any other items of interest for the Union and the well-being of the members.

7.1 J        Keeps the Local President advised on all problems, complaints and grievances among the membership.

 

ARTICLE 8

COMMITTEES AND DUTIES OF COMMITTEES

8.1