Article 2 CONSTITUTION AND BYLAWS 2
Article 6 GENERAL MEMBERSHIP MEETINGS 4
Article 7 POWERS OF ADMINISTRATION 5
Article 8 LOCAL UNION OFFICERS 6
Article 9 LOCAL UNION ELECTIONS 7
Article 11 ATTENDANCE RULES FOR LOCAL UNION ELECTED POSITIONS 10
Article 14 DELEGATES FROM LOCAL UNIONS 12
Article 17 APPEALS AND RECALLS 13
We, the members of Local 4304 of the National Automobile, Aerospace, Transportation and General workers Union of Canada, (CAW-Canada), have joined together to help one another, to unite our strength, to win better wages and working conditions through collective bargaining and political action, to work for social justice and to contribute to world peace.
We recognize that human beings are fallible and therefore, like all
people who believe in democratic principles we want a “government of laws, not
of human beings.” Therefore these Bylaws exists:
To ensure that Local 4304 operates under the rule of law according to democratic principles; that representatives of Local 4304 will carry out their duties in a manner befitting the privilege of representing Local 4304 members and their interests; that the responsibilities of each part of the Local 4304 structure be clearly described and understood; that each member will be guaranteed due process in any dispute with the Local or National Union, or their representatives; the Local 4304 will have the financial capacity to carry out its responsibilities as out-lined in these Bylaws; and that any other such matter necessary to the operating of a democratic union dedicated to the progress of workers and society be enshrined in these Bylaws.
1.1 This organization shall be known as Local 4304, National
Automobile, Aerospace, Transportation and General Workers
union of
ARTICLE 2 CONSTITUTION AND BYLAWS
2.1 The Constitution of the Local Union shall be the Constitution of the National Union, C.A.W., and these Bylaws, which shall be in all respects subordinate to, said Constitution and all applications and interpretations thereof.
The Objectives of this Local Union shall be:
3.1
To unite all workers who are under the jurisdiction
of CAW- Canada into one organization without regard to race, sex, creed, colour,
marital status, sexual orientation, disability, political or religious
affiliation, or place of national origin. Every member must receive equal
treatment under this constitution.
3.2
To protect the interests of members, keep what we
have gained, improve working conditions and create a uniform system of shorter
hours and higher wages.
3.3
To end occupational injury and disease and improve
conditions to create healthy workplaces.
3.4
To promote a better and clearer understanding
between the employee and the employer at all times.
3.5
To educate the members in the history of the labor
movement and our own
4.1 The fiscal year of Local 4304 shall begin
the first day of January of each year and end on the 31st day of December
of the same year.
5.1 The membership of Local 4304 shall be
comprised of workers covered in the collective agreement(s) signed by the
representatives of Local 4304.
5.2
All applicants for membership shall fill out an
official application provided by the National Union and sign a promise to
follow the Constitution and rules set out by the National Union.
5.3
Each member in good standing of this Local Union has
the right to:
5.3.1 Nominate members
for office
5.3.2 Run for office
5.3.3 Vote for candidates
5.3.4 Attend meetings
5.3.5 Express opinions
on all matters of business before the Local Union
5.3.6 Meet and assemble
freely with other members
5.3.7 Participate in
the general activities of the union.
5.4
A Member in exercising the forgoing rights and
privileges shall not take any irresponsible action which would tend to
jeopardize or destroy, or interfere with the legal or contractual obligations,
or be detrimental to either the Local or National Union as organizations, or
their free democratic heritage.
5.5
Violation or abuse of these rights and privileges of
membership or engaging in conduct prohibited by this section, shall be
considered “conduct unbecoming a Union Member”. Any member, or members, who
have violated these Bylaws or the National Constitution, or engaged in detrimental
conduct, may have charges brought forth as per the National Constitution.
5.6
If this Local Union suspends or expels any member
for just cause it shall notify the CAW National Secretary-Treasurer.
5.7
Initiation fee of the Local Union shall be twenty
dollars ($20.00) of which $5.00 will be applied to the Local 4304 Charitable
Fund.
5.8
Membership cards shall be issued to all members from
the Local Union.
6.1
Local 4304 meetings shall be held at a date, time
and place to be determined by the Executive Board. Meetings shall be a maximum
of 2 hours in length, but may be extended for a specific period of time by 2\3
majority vote of the members present. During the months of July and August the
meetings may be suspended.
6.2
A quorum at a General Membership Meeting shall be 15
members in good standing.
6.3
Members shall be notified at least seven (7) days in
advance of all meetings by bulletins on Union Notice Boards throughout the work
place. Only members in good standing may attend membership meetings.
6.4
The President of Local 4304, upon written petition
signed by the majority of the Executive Board or at least 20% of the members in
good standing, shall call a special meeting and the petition shall mention the
aim or aims of said meeting. Discussion shall be restricted to these aims only.
6.5
Admission to membership meetings shall be upon
presentation of membership card. Those member’s who do not have their
membership card upon their person, must have another member in good standing
vouch for them.
6.6
Any member who attends a meeting in an intoxicated
condition and\or creates a disturbance shall lose voice and their right to vote
at said meeting. Where necessary to maintain order, the member may be evicted
from the meeting by order of the Chair, subject to challenge of the membership.
Flagrant or persistent violation of this section by any member shall be
“conduct unbecoming a Union member”.
6.7 The regular order of
business shall be as follows:
6.6.1
Opening of
meeting
6.6.2
6.6.3
Minutes of previous meeting
6.6.4
Financial report
6.6.5
Recommendations of the Executive Board
6.6.6
Actions taken by Executive Board
6.6.7
Unfinished business
6.6.8
New business
6.6.9
Elections (if required)
6.6.10 Good and Welfare
6.6.11 Closing
6.7
A copy of the minutes of the previous meeting,
financial report and committee reports will be distributed to each member
present at the General Membership Meeting.
6.8
Bourinot’s Rules of Order shall govern all
discussions and debates.
6.9
The member must rise and be recognized. The members
shall confine their remarks to the order of business of the motion under
discussion and shall be allowed five minutes. The member shall speak only once
upon the matter under discussion except in the case of the sponsor of a motion
or resolution who shall be allowed to close discussion on the motion or
resolution. The motion or item of discussion shall be entertained for no more
than 1\2 hour and shall be timed by the Sergeant-at-Arms. Unless extended by a
vote passed by at least 2\3 of the members present.
6.10
A notice of motion that affects the vital interests
of the union must be submitted to any regular meeting of the local. Such notice
of motion shall be seconded, read, and laid on the table until the next
meeting. The motion shall be posted 25 days before the next meeting. The motion
will be read at the next meeting and resolved by a vote of the members present.
A 2\3 majority of the members voting is necessary to adopt the motion.
7.1 The Membership is the highest authority of this Local Union and shall be empowered to take or direct any action not inconsistent with the Constitution or the Bylaws.
7.2
Between the membership meetings the Executive Board
shall be the highest authority of Local 4304 and shall be empowered to act on
behalf of the membership subject to subsequent membership approval. The
Executive Board may not take action affecting the vital interests of Local 4304
without prior membership approval.
7.3
Vital interests shall include:
7.3.1
Hours of work
7.3.2
Any monetary issue
7.3.3
Benefit
7.3.4
Seniority
7.3.5
Health and Safety
7.3.6
Dues
7.3.7
Expenses over $500
7.3.8
Working conditions.
7.4
Between meetings of the Executive Board, which are
held monthly, the President shall exercise general administrative authority and
shall be empowered to act on behalf of the Executive Board subject to
subsequent approval by the Executive Board.
7.5
The Executive Board shall appoint a Workers’ Safety
and Insurance Board Representative. This appointment shall be for a three (3)
year term, and shall be made at the same time as the election of the committees.
The Workers’ Safety and Insurance Board representative shall report directly to
the Executive Board and make monthly reports at the General Membership Meeting.
8.1 The Local Union shall have the following Officers:
8.1.1
President
The President shall chair
Local 4304 meetings, enforce the constitution and appoint committees not
otherwise provided for. The President shall sign requisitions for expenditures
authorized by Local 4304 and be a signing officer.
8.1.2
Vice President
The Vice President shall
assist the President in his/her duties and attend Local 4304 meetings. If the
President is absent or incapacitated, the Vice President shall perform the
Presidents duties.
8.1.3
Financial Secretary
The Financial Secretary
shall perform all the duties as outlined in the National Constitution.
8.1.4
Recording Secretary
The Recording Secretary
shall keep a correct record of the proceeds of all meetings and sign
requisitions for funds that have been authorized by Local 4304. He/she shall read
all documents and correspondence that does not pertain to another officer’s
duties. He/she shall file documents and correspondence for future reference.
The Recording Secretary shall bring any correspondence requiring action to the
members’ attention.
8.1.5
Local Chairperson
The Local Chairperson shall
oversee the Chief Stewards and the Stewards and shall coordinate grievances.
The Local Chair shall coordinate the recall process of any elected position.
8.1.6
Trustees (3)
The Trustees shall perform
all the duties as outlined in the National Constitution and Local 4304 Bylaws.
8.1.7
Sergeant-at-Arms / Guide
The Sergeant-at-Arms / Guide
shall introduce all members and visitors, inspect membership cards and assist
the President in preserving order when called upon to do so. He/she shall take
charge of all property of Local 4304 not otherwise provided for.
8.2
The Executive Board shall consist of the Local Union
Officers.
8.3
The Executive Board shall meet at least ten (10)
times a year, or upon the request of fifty (50) percent or more of the
Executive Board Members.
8.4
The Recording
Secretary shall give seven (7) days notice of all Executive Board meetings. The
notice period may be waived in the event of an emergency.
8.5
In the event that any of the offices becomes vacant
an election shall be held within sixty (60) days. The Executive Board may
appoint a replacement in the interim.
8.6 The Executive Board may appoint a member of the Executive Board as an ex-officio member to each of the committees.
9.1: All Local 4304 Officers and Committees
shall be elected in accordance with the National Constitution.
9.2
The election of Officers and Committees shall be
held every three years.
9.3 At the
February membership meeting, in the year of the election, the membership shall
elect an Election Committee. The committee shall contain sufficient members to
ensure that each polling location shall be adequately staffed. The Election
Committee shall ensure that there are adequate polling stations and that they
are in such locations as to ensure that all members have reasonable access to
vote during voting hours A notice of all dates, locations and times shall be
posted at least seven (7) days prior to the Election Day. The election
committee shall provide to all candidates upon request, a copy of the rules for
the election. Copies of the election rules shall also be posted on all Union
bulletin boards.
9.4 All members of Local 4304 in good
standing shall be eligible for election to office.
9.5 No member shall accept a nomination for
more than one position on the Executive Board.
9.6 The
nominations for the Officers of Local 4304 shall be held at the April meeting
of the General Membership, and the election held on the same day as the May
meeting of the General Membership.
The nominations for the Committees shall be held at the May meeting of the General Membership, and the elections held on the same day as the June meeting of the General Membership.
9.7 Nominations shall be oral, at the respective nomination meeting, or may be in writing to the Recording Secretary to be received prior to the start of the respective meeting. If only one nomination is received for a position the candidate shall be declared acclaimed. Candidates who receive oral nominations must signify their acceptance or refusal to stand at the nomination meeting.
9.8
Ballots for the Officers shall be counted in the
following order:
1.
President
2.
Vice President
3.
Financial Secretary
4.
Local Chairperson
5.
Recording Secretary
6.
Sergeant–at-Arms / Guide
7.
Trustees
9.9
The Chairperson of the Election Committee shall
announce the results of the ballots.
9.10
The Chairperson of the Election Committee shall
officiate at the swearing in of the elected members following the procedure in
the National Constitution.
10.1 The Duties of Committee
Chairpersons shall be:
a)
To chair all committee meetings
b)
To be familiar with the duties of the committee as
required by the Local and National Constitution.
c)
To attend at least two (2) out of three (3) meetings
of their committee and to report back to the Executive Board.
d)
To ensure written reports of the committees actions
are provide to the Recording Secretary for distribution at the General
Meetings.
e)
To ensure the committee works in harmony with the
other committees of the Local Union and the Executive Board to carry out the
decisions of the members.
f)
To turn over all papers, documents, funds and/or
other Local Union property at the conclusion of his/her term to their successor
and provide assistance to him/her in all ways possible.
g)
To call a meeting of the committee upon request of
fifty percent or more of the members of the committee.
10.2 The Duties of Stewards shall be:
a)
To become familiar with all of the provisions of the
Collective Agreement, the National Union Constitutions and Local 4304.
b)
To be completely familiar with the grievance
procedure.
c)
To receive complaints and grievances of his/her
division and to make every effort to conform to the grievance system to satisfactorily
adjust and settle all grievances.
d)
To maintain privacy of members’ issues at all times
e)
To turn over all papers, documents, funds and/or
other Local Union property at the conclusion of his/her term to their successor
and provide assistance to him/her in all ways possible.
f)
To carry out any other duties the National
Constitution, the National Union and / or the Executive Board may prescribe.
ARTICLE 11 ATTENDANCE RULES
FOR LOCAL
.
11.1
A member elected to the Executive Board, Committee
Chair or Chief Steward by the membership must attend two (2) General Membership
Meetings in a three (3) month period, unless properly excused.
11.2
Members of the Executive Board must also attend two
(2) out of three (3) Executive Meetings.
12.1
There shall be the following Local 4304 Standing
Committees (Mandated)
a)
Constitution and Bylaws
b)
Education and Newsletter
c)
Political Education
d)
Community Services
e)
Recreation and Leisure
f)
Human Rights
g)
Women’s
12.1.1
Local Union Standing Committee’s may be combined at
the direction of the members
12.1.2 Committees shall
have at up to five (5) members.
12.1.3 Committees shall
set terms of reference for their term of office to be approved by the Executive
Board.
12.2 There shall be the following Local 4304 Standing Committees (Non Mandated)
a)
Labour Council
b)
Charitable
c)
Welfare and Benefits
12.2.1 Committees
may have as many members as are required to carry out their duties.
12.2.2 Committees shall
and set terms of reference for their term of office to be approved by the
Executive Board.
12.3 There shall be the following Ad Hoc
Committees as required.
a)
Election.
The Election Committee shall
carry out its duties according to the National Constitution and Section 9 of
the Local Union Constitution.
b)
Negotiation.
The Negotiation Committee
shall have sufficient members to effectively negotiate the Local Contract. The
President, Vice President, and the Local Chair shall be automatic members.
d)
Other committees shall be set up as required.
12.3.1
Committees shall be set up when necessary and
dissolved once their function is completed.
12.4 There may be the following
a)
Accident Review
b)
Uniforms
c)
Operations
d)
Health and Safety
e)
Sign Up and Scheduling
12.4.1 Committees may
have as many members as are required to carry out their duties.
12.4.2 Committee
membership shall reflect the various divisions within Transit Operations.
12.5 Committees shall elect a Chairperson from within their
membership.
12.6 Committee Chairpersons shall provide
written reports on their activities to the Recording Secretary to be distributed
at the general membership meetings.
13.1 When a member is acting on approved business on behalf of the Union Local any lost wages and reasonable expenses will be covered by Local 4304. All lost time must receive prior approval by the President and the Financial Secretary.
13.2
The Trustees shall annually present for the member’s
approval a schedule outlining the amounts that a person acting on behalf of the
Local 4304 shall receive to reimburse for travel, meal and out-of pocket expenses.
The Trustees shall also recommend to the members the amount and frequency of
honorariums, if any, that shall be paid to eligible Officers and Committee
Chairs.
13.3
The Signing Officers for Local 4304 shall be the
President, Vice President, Financial Secretary, and the Chief Trustee.
13.4
The signatures of two Signing Officers are required
on all cheques.
14.1 All delegates to National Constitutional Conventions or Councils shall be chosen pursuant to the National Constitution.
14.2
All National Convention delegates shall be elected
from the membership prior to the date of the convention.
14.3
The President will be an Automatic observer to the
National Convention and C.A.W. Council and in the event that they are unable to
attend, the Vice President will act as the alternate.
14.4
Any member attending a union conference must attend
all sessions of the function, conference or convention. Failure to attend
without good reason) will require the member to repay all or part of the
expense monies received from the Local 4304.
15.1 All Union business shall be channeled through the Local Executive Board.
15.2
All voting on collective agreements will be by
secret ballot.
15.3
Any member of this Local 4304 receiving special
training sponsored by this Local shall be expected to serve at least one term
for which they received the special training. Any member who is unable or
unwilling to serve out a term shall reimburse the Local 4304 for all funds
spent on their behalf for the use of training their successor, unless the
member brings good reason for being unable to continue their duties to the
General Membership Meeting and the members agree to waive the requirements for
reimbursement to the Local.
16.1 All members will receive a C.A.W. watch upon retirement.
16.2
Any member who has between fifteen (15) and
twenty-four (24) years of service shall receive an honorarium upon retirement
as recommended by the Executive Board, for approval by the members.
16.3
Any member who has worked twenty-five (25) years or
more shall receive an honorarium upon retirement as recommended by the
Executive Board, for approval by the members.
17.1
Any member wishing to appeal a Local 4304 decision has the duty to use
the method of appeal outlined in the National Constitution before seeking a
remedy by going to a civil court or government agency.
17.2
A member elected to a
position within the Local 4304 may be recalled by the members he/she represents
for failing to perform the duties of the office as outlined in the National
Constitution and these Bylaws.
17.3
The petition for recall
will require 25% of the members he/she represents, and the quorum for the
special meeting shall be 25% of the members he/she represents.
17.4
The Local Chair, or
designate, shall be responsible for verifying the petition and ensuring the
process and special meeting are held according to the procedures.
17. 5
A 2\3 majority of the members voting is necessary to adopt the motion.
18.1 These Bylaws may be amended by presenting a ‘Notice of Motion’ in writing setting forth the amendment sought by the member. The amendment shall be read at that meeting. The amendment shall then be referred to the Constitution and Bylaw Committee to examine language content and legality. The Constitution and Bylaw Committee shall then provide its’ comments to the membership at the succeeding meeting. The Constitution and Bylaw committee will post a notice twenty one (21) days prior to the next meeting, which must contain the particular Bylaw amendments that will be considered. If approved by two thirds (2\3) of the Membership vote at this meeting the amendment shall be considered adopted by the Membership.
18.2
A Booklet containing these Bylaws will be brought up
to date on a three (3) year basis.
Approved at the
General Meeting November 24th 2002