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
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.
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.
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.
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.
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.
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.
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.
COMMITTEES AND DUTIES OF
COMMITTEES