CANADIAN UNION OF PUBLIC EMPLOYEESLOCAL 417

BYLAWS

Amended: June 5, 2017Approved: August 21, 2017

Canadian Office & Professional Employees Local #491

Table of Contents

ARTICLE 1 - NAME.....................................................................................................................................

ARTICLE 2 - OBJECTIVES.........................................................................................................................

ARTICLE 3 - INTERPRETATIONS AND DEFINITIONS.........................................................................

ARTICLE 4 - AFFILIATIONS.....................................................................................................................

ARTICLE 5 - OFFICERS..............................................................................................................................

ARTICLE 6 - RATIFICATION PROCEDURE............................................................................................

ARTICLE 7 - EXECUTIVE, COMMITTEES AND DELEGATES............................................................

ARTICLE 8 - ELECTIONS OF OFFICERS AND COMMITTEES............................................................

ARTICLE 9 - QUORUM...............................................................................................................................

ARTICLE 10 – INITIATION, READMISSION FEES AND MEMBERSHIP DUES................................

ARTICLE 11 - MEETINGS..........................................................................................................................

ARTICLE 12 - CONVENTIONS/UNION SPONSORED ACTIVITIES.....................................................

ARTICLE 13 - REPRESENTATION AT SCHOOLS, EDUCATIONAL COURSES OR UNION SPONSORED ACTIVITY...............................................................................................

ARTICLE 14 - VOTING OF FUNDS.........................................................................................................

ARTICLE 15 - SIGNING PRIVILEGES....................................................................................................

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ARTICLE 16 - HONORARIUMS...............................................................................................................

ARTICLE 17 - DOOR PRIZE.....................................................................................................................

ARTICLE 18 - SICKNESS..........................................................................................................................

ARTICLE 19 - CHILD CARE EXPENSES................................................................................................

ARTICLE 20 – RETIREMENT ALLOWANCE........................................................................................

ARTICLE 21 - DUTIES OF OFFICERS....................................................................................................

ARTICLE 22 – THE RICK MALCOLM POST SECONDARY SCHOLARSHIP AWARD...................

ARTICLE 23 - AMENDMENTS................................................................................................................

ARTICLE 24 – COMPLAINTS & TRIALS...............................................................................................

ARTICLE 25 – RULES OF ORDER..........................................................................................................

APPENDIX A..............................................................................................................................................CUPE National Equality Statement................................................................................................

APPENDIX B..............................................................................................................................................Code of Conduct.............................................................................................................................

APPENDIX C..............................................................................................................................................Rules of Order.................................................................................................................................

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CONSTITUTION AND BY-LAWS OF LOCAL 417

ARTICLE 1 - NAME

This organization shall be known as the Red Deer Civic Employees Union, Local #417, Canadian Union of Public Employees.

ARTICLE 2 - OBJECTIVES

The Union has its objectives to:

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

(b) Support CUPE in reaching the goals set out in Article II of the CUPE Constitution;

(c) Provide an opportunity for its members to influence and shape their future through free democratic trade unionism;

(d) Encourage the settlement by negotiation and mediation of all disputes between the members and their Employers;

(e) Establish and promote good relations with the citizens of the communities where its members live, and at all times, assume its proper responsibility within the community.

ARTICLE 3 - INTERPRETATIONS AND DEFINITIONS

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

(b) Employees of the City of Red Deer covered by certificate number #22-51 shall be known as Red Deer Civic Employees CUPE Local 417.

(c) Employees of the Sundre Library Workers covered by this Local shall be known as CUPE Sub-Unit 417-01.

(d) Employees of the Town of Blackfalds covered by this Local shall be known as CUPE Sub- Unit 417-02.

(e) Employees of the Town of Three Hills covered by this Local shall be known as CUPE Sub- Unit 417-05.

(f) Employees of the Red Deer & District Museum Society covered by this Local shall be known as CUPE Sub-Unit 417-06.

(g) Employees of the Town of Bowden covered by this Local shall be known as CUPE Sub-Unit 417-07.

(h) Employees of any other Employer who are subsequently organized by CUPE Local 417.

ARTICLE 4 - AFFILIATIONS

This Local shall retain membership in good standing with:

(a) The Canadian Union of Public Employees - Alberta Division(b) The Canadian Labour Congress(c) The Alberta Federation of Labour(d) The CUPE Central Alberta District Council(e) The Red Deer and District Labour Council

and/or their legal successors until such time as a majority vote of the members present and voting at a regular meeting shall deem otherwise.

ARTICLE 5 - OFFICERS

(a) The officers of this Local shall be: President, Vice President, Secretary Treasurer, Recording Secretary and Three Trustees.

(b) The positions of the President, Vice President, Secretary Treasurer and Recording Secretary shall be known as the table officers.

(c) If an Officer fails to attend three consecutive membership meetings or three consecutive executive meetings without good and sufficient reason, their office will be declared vacant and filled at the next meeting

ARTICLE 6 - RATIFICATION PROCEDURE

At such time that a memorandum of agreement has been reached between CUPE 417 and the City of Red Deer and such memorandum requires a ratification vote, the following procedures shall be followed:

(a) Only card holding members in good standing of CUPE 417 employed by the City of Red Deer on the day the ratification vote is called shall be allowed to vote. Temporary employees on layoff who have accumulated more than 2080 hours working for the City in the previous twenty-four (24) months prior to the ratification

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vote being called shall also be allowed to vote.

(b) The vote shall take place at a special meeting of CUPE 417 called specifically to deal with the memorandum of agreement. No other business will be dealt with at that meeting.

(c) Notice of the special meeting shall be posted throughout the workplaces at least seven (7) calendar days prior to the meeting taking place.

(d) In order for a vote to take place, Quorum shall consist of fifteen (15) members of CUPE 417 as described under subsection (a).

(e) A simple majority, 50% plus 1, shall determine the outcome of the vote.

(f) The members present at the meeting shall determine whether the vote will be by secret ballot, standing vote or a show of hands.

ARTICLE 7 - EXECUTIVE, COMMITTEES AND DELEGATES

(a) Executive Board

The Executive Board shall be the four table officers, four (4) executive members at large, with one of the Executive at Large positions dedicated to a young worker, the Chief Steward and the Membership Officer elected at the annual meeting, plus the Chairperson of each Sub-Unit who shall be elected at a meeting of the Sub- Unit held prior to the annual meeting of Local 417.

(b) Grievance Committee

The Grievance Committee shall be the President, Vice President and the Chief Steward.

Where the grievance concerns a Sub-Unit, the steward shall be elected from the Sub-Units concerned. Assistance is available from the CUPE National Representative.

Grievance reports must be presented to the Executive Board and Membership at the respective meeting with the National Representative receiving a copy.

(c) Negotiating Committee

The Negotiating Committee shall be:

The President, Vice President and three (3) members elected from the bargaining unit, whowill be elected a minimum of 6 months prior to the expiration of the Collective Agreement.

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The National Representative assigned to the local shall be a non-voting member of the committee and shall be consulted at all stages from formulating proposals, through negotiations, to contract ratification by the membership.

Negotiating Committee Expenses:

Expenses incurred by the Negotiating Committee for meals and meeting rooms during actual negotiations with the Employer shall be paid by CUPE Local 417 at the discretion of the Executive Board.

(d) Entertainment Committee

i. The Entertainment Committee of Local 417 shall be six (6) elected members.ii. The Entertainment Committee is responsible for arranging all social activities for the

CUPE Local 417 membership including, but not limited to, the adult and children’s Christmas parties.

iii. Proposals and budgets for each event must be submitted to the Executive Board for review and must be approved by the membership.

(e) Job Evaluation Committee

A Job Evaluation Committee shall exist from the City of Red Deer Employees, Local 417, and shall consist of two (2) voting members and two (2) alternate members. The Executive will select from pre-trained members, a Job Evaluation Committee for a two (2) year term to be ratified by the membership. These positions shall be represented evenly by having one (1) voting member and one (1) alternate member from each of the two classifications: inside and outside workers.

(f) Finance Committee

The Finance Committee shall consist of the President, Secretary Treasurer and the Three Trustees who shall prepare a budget for the year to be presented at the January meeting.

(g) Public Relations Committee

The Public Relations Committee shall consist of three (3) members, elected at the annual meeting, who shall be responsible for responding to issues affecting CUPE 417, developing public relations campaigns and profiling CUPE 417 in the community of Red Deer. This includes responsibility for the Local’s social media, website and any newsletters.

(h) Red Deer and District Labour Council

The allotted number of delegates shall be elected to attend the Red Deer and District Labour Council meetings and the Local shall pay the affiliation fees as required by the Constitution

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of the Red Deer and District Labour Council.

(i) CUPE Central Alberta District Council

The allotted number of delegates shall be elected to attend the meetings of the CUPE Central Alberta District Council, and the Local shall pay the affiliation fees as required in the Constitution of the CUPE Central Alberta District Council.

(j) All other Committees or Delegates shall either be elected at regular meetings or appointed by the Executive, after permission has been granted by a general membership meeting.

(k) All committees shall appoint a Committee Chairperson from the committee members.

ARTICLE 8 - ELECTIONS OF OFFICERS AND COMMITTEES

(a) The President shall appoint an Election Committee prior to the annual elections and will be subject to the approval of the membership. This Committee shall consist of a Returning Officer and an Assistant. These shall be members of the Local who are not candidates for office. The Committee shall treat any information relating to the elections as confidential.

(b) Nominations will be accepted from members in attendance at the election meeting or from those members who have allowed their name to be filed in writing at the meeting, witnessed by another member.

(c) In all elections, the voting shall be by secret ballot and shall take place at the regular meeting in October, except for the Entertainment Committee which shall be elected at the regular January meeting.

(d) Voting to fill one office shall be conducted and completed and recounts dealt with before balloting may begin to fill another office.

(e) A majority of votes cast will be required before any candidate can be declared elected, and second and subsequent ballots will be taken if necessary to obtain a majority. On the second and subsequent ballots, the candidate receiving the lowest number of votes in the previous ballot will be dropped.

(f) In the event of a tie vote, a second and subsequent ballot (s) will be taken if necessary until a candidate receives a majority of votes cast and can be declared elected. In the event the tie vote persists; subsequent ballots may be deferred to the next membership meeting.

(g) When two or more nominees are to be elected to any office by ballot, each member shall berequired to vote for the full number of candidates to be elected or the member's ballot will

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be declared spoiled.(h) Any member may request a recount of the votes for any election and a recount shall be

conducted if the request is supported in a vote, by at least the number of members equal to fifty percent (50%) of the members in attendance for a membership meeting.

(i) All duly elected officers shall be installed at the meeting at which the elections are held and shall continue in office for the designated term of office.

(j) Should an office fall vacant, the resulting by-election should be conducted as closely as possible in conformity with this Article. The term of office shall be the balance of the term being filled.

(k) All election complaints by members will be submitted in writing to the Returning Officer assoon as possible but in no circumstances will a complaint be valid if it is filed later than seven days after the election. The Returning Officer in conjunction with the Elections Committee will investigate the complaint and issue a ruling as soon as practical and report the ruling to the very next regular membership meeting. The National Representative serves as an advisor to the Elections Committee providing technical guidance and advice throughout the election/complaint process.

2. (a) In order to be eligible for election as a Table Officer, the nominee must be in in good standing as set out in B.8.3 of the National Constitution.

(b) The Table Officers shall be elected for two (2) year terms. The President and Recording Secretary shall be elected in the even numbered years and the Vice President and Secretary-Treasurer shall be elected in the odd numbered years.

(c) The three (3) Trustees when first elected, shall be for three (3) years, two (2) years and one (1) year terms in the order of election, and each succeeding year, one (1) trustee shall be elected for a three (3) year term.

(d) The term of office for the Executive members at large, Membership Officer and Chief Steward shall be two (2) years.

(e) The Executive members at large shall be elected in the even numbered years.

(f) The Membership Officer and the Chief Steward shall be elected in the odd numbered years.

(g) Shop Stewards of Local 417 will be elected or appointed yearly and shall represent the sections and work areas within the bargaining unit.

(h) Sub-Unit Stewards (Unit Chairpersons) shall be elected from their respective bargaining units.

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3. (a) If an officer fails to attend three consecutive membership meetings or three consecutive executive meetings without good and sufficient reason, their office will be declared vacant and filled at the next meeting.

(b) Any Committee member may be excused from attending a meeting by vote of the membership.

ARTICLE 9 - QUORUM

A quorum for the transaction of business shall be nine (9) members at a regular or special meeting of the Local, plus two (2) members of the Executive Board.

The Executive Board of CUPE 417 be empowered to conduct the business of the Local in the absence of a quorum at a regular monthly meeting, providing that any decision made by the Executive is brought back to the membership at the next regular meeting for ratification.

ARTICLE 10 – INITIATION, READMISSION FEES AND MEMBERSHIP DUES

1) Initiation Fees

(a) Payment of initiation fees is a tangible confirmation of the desire to become a member of Local 417 and the Canadian Union of Public Employees. Each application for membership in the Local Union will be directed to the Secretary-Treasurer and will be accompanied by an initiation fee of two dollars ($2.00) which shall be in addition to monthly dues. The Secretary-Treasurer shall issue a receipt upon payment. If the application is rejected, the fee shall be returned.

(b) The readmission fee to this Local and its Sub-Units shall be two dollars ($2.00).

2) Membership Dues

(a) Dues shall be 0.75% above CUPE National per capita taken off gross salary.

(b) Dues may be amended at a regular or special membership meeting. The vote must be by secret ballot. Notice of at least seven days at a previous meeting or 60 days in writing must be given.

(c) The Local and its Sub-Units shall exempt any member who is laid off from the payment of dues while unemployed for a period of up to one year.

(d) A member who fails to pay dues for three months is automatically suspended from membership. The suspension will be reported to the Executive Board by the Secretary Treasurer, and the Executive Board will report all suspensions at the next membership

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meeting. The member may return to membership in good standing by paying a readmission fee and any other associated penalty fees deemed by the Local.

(e) A member who has been unemployed or unable to work because of sickness shall pay the readmission fee but may not be required to pay arrears.

3) Assessments

(a) Assessments may be levied in accordance with the CUPE Constitution. Assessments do not include regular monthly dues and are applied for a specific purpose or specific length of time. Membership approval is required and the assessment will only be applied after the National President approves the assessment.

(b) A member who fails to pay any Assessments for three months is automatically suspended from membership. The suspension will be reported to the Executive Board by the Secretary Treasurer, and the Executive Board will report all suspensions at the next membership meeting. The member may return to membership in good standing by paying a readmission fee and any other associated penalty fees deemed by the Local.

ARTICLE 11 - MEETINGS

1. Regular Meetings

a. The regular meetings shall be held on the first Monday of each month at 7:00 p.m., unless such day is a holiday, in which case the meeting will be held on the first Tuesday.

b. No regular meetings shall be held in July or Augustc. Meeting Agenda – The President will chair the meeting and follow this order

of business:i. Roll Call of Officers

ii. Reading of the Equality Statementiii. Voting on new members and initiationiv. Reading of the minutesv. Matters arising of the minutes

vi. Secretary Treasurers reportvii. Communications and bills

viii. Executive Board Reportix. Reports of committees and delegatesx. Nominations, elections, or installations

xi. Unfinished business xii. New business

xiii. Good of the union

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xiv. Adjournment

2. Executive Meetings

a. The Executive Board meetings shall be at the discretion of the Executive Board and the dates for these meetings shall be set at the first Executive Board meeting following the October Annual meeting for the following twelve (12) months. The Executive Board will meet at least eight times (8) per year and before a regular meeting.

3. Special Meetings

a. Special meetings of the Local shall be called by the Executive Board, or at the written request of fifteen (15) members. Only the business mentioned in the meeting notice shall be discussed at a special meeting.

b. When a special meeting is called under Article 11 (d), members scheduled to work at the time of the meeting shall be allowed to book off work at the Union's expense.

4. Steward Meetingsa. Shop Steward meetings will be held prior to each regular meeting. Shop

Steward meetings may be called in the summer at the discretion of the Chief Steward. A member required to attend this meeting and scheduled to work at the time of the meeting shall be booked off work at the Union's expense.

ARTICLE 12 - CONVENTIONS/UNION SPONSORED ACTIVITIES

(a) All delegates to conventions must be members in good standing and be elected at a regular meeting. In order to qualify for election, the nominee must have attended at least six (6) regular meetings in the previous twelve (12) months.

(b) For CUPE National Conventions and Alberta Division Conventions, Alberta Federation of Labour Conventions and CLC Conventions the President of Local 417 shall be an automatic delegate if the President so desires.

For other delegates to the CUPE National Conventions, Alberta Division Conventions, Alberta Federation of Labour Conventions and CLC Conventions, an election shall be held from the membership.

(c) Each delegate to a local convention, or any other union sponsored activity shall receive:

(1) Payment of any loss of wages or pay.

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(2) Payment for parking. (3) Payment of $30.00 per day to cover expenses.

(d) Each delegate to an out-of-town, in-Province convention, or other union sponsored activity, shall receive:

(1) Payment for any loss of wages or pay.

(2) Payment of $70.00 per day out-of-pocket expenses and single room accommodation.

(3) Mileage to be aligned with mileage paid as per the Canada revenue Agency Automobile Allowance rate for the return trip, unless it is decided by the Executive Board that it is more feasible to use air travel (at economy air fare) plus expenses to and from the airport. Members are encouraged to car pool when possible, and mileage will be paid only to the driver.

(4) In the event that the delegate is provided with room and board, payment of $15.00 per day to cover expenses.

(5) Payment of the aforementioned out-of-pocket expenses is to commence on the day of the official registration of the convention or seminar.

(e) Each delegate to an out-of-Province convention, or union sponsored activity shall receive:

(1) Payment for any loss of wages or pay.

(2) Payment of $80.00 per day out of pocket expenses and single room accommodation. (3) Return trip, economy airfare, plus transportation to and from the airport. Airport bus

service shall be used wherever possible.

(4) Payment of the aforementioned out-of-pocket expenses and single room accommodation may commence prior to the night before the official opening of the convention, or union sponsored activity at the discretion of the Executive Board. Overall cost shall be the determining factor.

(f) A delegate to a convention, school or any union sponsored activity is expected to attend at all times. Absences shall be acceptable for good and sufficient reason only. If a delegate misses a session, then the out-of-pocket expense money for that day must be returned to the local. A session is considered as one whole morning and/or one whole afternoon.

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ARTICLE 13 - REPRESENTATION AT SCHOOLS, EDUCATIONAL COURSES OR UNION SPONSORED ACTIVITY

(a) Any member in good standing is eligible to attend a school, educational course or union sponsored activity.

(b) Members who have attended a weekend school or course will be given preference to attend a week long school or course. Members are encouraged to take a weekend course prior to a week long course, where applicable.

(c) The number of members to attend any one school or course will be by recommendation of the Executive Board, subject to final approval of the membership.

(f) Payment of expenses to attend schools or educational courses will be the same as for conventions and union sponsored activity.

ARTICLE 14 - VOTING OF FUNDS

(a) The expenditures of the Local Union shall be only for the purposes of the Local Union, and in all cases shall be made by cheque signed by the Secretary-Treasurer and counter-signed by the President or Vice President, or such other officer as the Local Union may designate.

(b) Except for the regular fees, out-of-pocket expenses and per capita assessments, no expenditure of the Local shall be made unless approved by the membership at a regular meeting.

(c) Office and miscellaneous expenses under $1000.00 per month shall be approved by the Executive.

(d) Any amount over $1000.00 shall be voted and approved by the membership at a regular membership meeting, prior to the expenditure.

(e) No amount over $100 shall be voted for a non-union purpose or for a grant or contribution to a member, except by a Notice of Motion at a regular membership meeting and passed by a two thirds (2/3) majority of the members present at the next regular meeting.

ARTICLE 15 - SIGNING PRIVILEGES

(a) The President and the Secretary Treasurer shall sign all official documents on behalf of the Local and shall have the care and use of the official seal of the organization.

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(b) All cheques will be signed by the Secretary Treasurer and the President or Other signing officer. Two out of the three signatures will be required on each cheque, one of which must be the Secretary Treasurer.

ARTICLE 16 - HONORARIUMS

(a) The following shall receive Honorariums:

(i) The President, in the amount of $400 per month.(ii) The Vice President, in the amount of $250 per month.(iii) The Secretary Treasurer in the amount of $250 per month.(iv) The Recording Secretary in the amount of $250 per month.

In the month that any of the Officers change, the honorariums shall be paid to both Officers for that month.

(b) The Trustees shall receive $25.00 for each semi-annual report or for any audit that they would be required to perform.

(c) The Membership Officer shall receive $150.00 per year.

(d) The Chief Steward shall receive $200.00 per month and must attend nine (9) Executive meetings in the previous twelve (12) months.

(e) Each Executive at large shall receive $150.00 per year and must attend nine (9) Executive meetings in the previous twelve (12) months.

(f) Each Shop Steward shall receive $60.00 per annum provided that they have attended at least seven (7) Shop Steward meetings in the previous twelve (12) months.

(g) Each member of the Entertainment Committee shall receive $50.00 per annum provided they attend a minimum of two meetings of the Committee each year and assist with a least one event.

(h) Each member of the Public Relations Committee shall receive $25.00 per year, provided they attend a minimum of two meetings of the Committee each year.

(i) Each member of the Red Deer and District Labour Council shall receive $25.00 per year, provided they attend a minimum of fifty per cent (50%) of the meetings of the Council held each year.

(j) Each member of the CUPE Central Alberta District Council shall receive $25.00 per year,

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provided they attend a minimum of fifty per cent (50%) of the meetings of the Council held each year.

(k) Each member of the CUPE 417 Building Society shall receive $25.00 per year, provided they attend a minimum of fifty per cent (50%) of the meetings of the Society each year.

(l) All honorariums for Committees shall be paid at the October meeting.

Sub-Units:

(a) Each Chairperson of the Sub-Local shall receive $100 per year and shall send copies of their minutes to Local 417.

(b) Each Shop Steward from a Sub-Local shall receive $60 per annum.

(c) Any Chairperson or Shop Steward from a Sub-Unit who travels for any meeting or union related business shall receive the applicable mileage rate. Carpooling is expected, whenever possible.

ARTICLE 17 - DOOR PRIZE

(a) The door prize at regular membership meetings will be given to a member in attendance (not cash, or near cash).

(b) A special door prize will be held at the December meeting in addition to the regular door prize. One entry will be entered for each meeting a member has attended in the previous twelve months. To be an eligible winner, the member must be in attendance at the December meeting or be officially excused prior to the meeting. Drawing shall continue until an eligible winner has been declared.

(c) A member leaving a meeting to begin a shift at work or attendance at a non-quorum meeting shall remain eligible to win the door prize or the special December door prize.

ARTICLE 18 - SICKNESS

(a) A fruit basket or flowers and a card, not to exceed the amount of seventy-five dollars ($75.00) will be sent to all current members of the Bargaining Unit in good standing when the member is hospitalized due to sickness or injury for more than three (3) consecutive days, or at the birth of a baby or adoption.

(b) A fruit basket or flowers or a donation to a charity of their choice in the same amount as outlined in (a) shall be sent at the demise of a current member in good standing or one of their immediate family, as outlined in the Collective Agreement.

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(c) Flowers or a donation to a charity of their choice in the same amount as outlined in (a) shall be sent at the demise of a retired member.

ARTICLE 19 - CHILD CARE EXPENSES

Any member in good standing who incurs child care expenses in order to attend a regular, special, committee or executive meeting which they would not normally incur, shall be reimbursed at the rate of:

(a) $10.00 per hour for the first child;(b) $5.00 per hour for each additional child.

These rates shall be paid up to a maximum of three (3) hours upon receipt of proof of expense.

ARTICLE 20 – RETIREMENT ALLOWANCE

Union members when retiring to their LAPP Pension shall be entitled to a payment of ten dollars ($10.00) per year for each full year of service with the City of Red Deer.

ARTICLE 21 - DUTIES OF OFFICERS

All signing officers of Local 417 shall be bonded through the master bond held by CUPE National. Any officer who cannot qualify for the bond shall be disqualified from having signing authority.

1. The President shall:

Enforce the CUPE Constitution, the Bylaws of Local 417, and the equality statement.

Interpret these bylaws as required. Preside at all membership and executive meetings and preserve order. Decide all points of order and procedure.(subject always to the appeal of the

membership) Appoint another Officer to preside at any meeting during a challenge of the

chair or if the President should wish to speak on a matter on the floor of the meeting.

Have a vote on all matters (except appeals against his rulings) and in the case of a tie vote in any matter.

Ensure that all Officers perform their assigned duties.

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Sign all official documents on behalf of Local 417. Including signing of cheques and ensuring that union funds are used only as authorized or directed by; the CUPE constitution, the union bylaws, or the membership.

Be allowed necessary and reasonable funds to reimburse the president or any officers for expenses incurred on behalf of Local 417. Expense claims must be listed on the proper form outlining the expense, the reason for the expense, and with the supporting receipts attached.

Fill committee vacancies where elections are not provided for upon agreement of the membership.

Introduce new members and conduct them through the initiation ceremony. Represent the Local on the Grievance Committee. Receive Executive approval for any correspondence sent out under the

signature of Local 417. Conduct themselves in a professional manner in all capacities. Time off to conduct union business shall be provided upon approval by the

Executive. Perform such other duties as may be assigned by the Executive Board. On termination of the office, surrender all books and other property of the

local to the successor.

2. The Vice President shall:

If the President is absent or incapacitated, perform the duties of the President. If the office of President falls vacant, become Acting President until a new President

is elected. Time off to conduct union business shall be provided upon approval by the

Executive. Handle all travel and hotel arrangements required for union business. Represent the Local on the Grievance Committee. Perform such other duties as may be assigned by the Executive Board. Conduct themselves in a professional manner in all capacities. On termination of the office, surrender all books and other property of the local to

the successor.

3. The Recording Secretary shall:

Keep a full, accurate and impartial account of the proceedings of all regular, executive or special membership meetings. These records must also include a copy of the full financial report (membership meetings) presented by the Secretary Treasurer. The record will also include Trustees’ reports.

Record all amendments in the bylaws and submit same to the National President for approval.

Answer correspondence and fulfil other secretarial duties as directed by the Board or the membership.

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File a copy of all letters sent out and keep on file all communications. Prepare and distribute all circulars and notices to members. Have all records ready on reasonable notice for the Auditors and Trustees. Preside over membership and board meetings in the absence of both the President

and the Vice President. Be empowered, with the approval of the membership to employ necessary

secretarial or other assistance to be paid for from the funds of Local 417. Perform such other duties as may be assigned by the Executive Board. Conduct themselves in a professional manner in all capacities. On termination of the office, surrender all books and other property of the local to

the successor.

4. The Secretary Treasurer shall:

Receive all revenue, initiation fees, duties and assessments, keeping a record of each member's payments and deposit promptly, all money with a bank or Credit Union.

Sign all cheques and ensure that the local 417 funds are used only as authorized or directed by the CUPE Constitution, these bylaws, or a vote of the membership. In consultation with the Executive Board, designate a signing officer during prolonged absences.

Prepare all CUPE National per capita tax forms and remit payment no later than the 15th day of each month.

Be responsible for maintaining, organizing, safeguarding and keeping on file all supporting documents, authorizations, invoices and / or expense claims for every disbursement made, receipts made for all money sent to CUPE National, as well as records and supporting documents for all income received.

Record all financial transactions in a manner acceptable to the Executive Board, the Trustees and in accordance with good accounting practices.

Make a full financial report to meetings of the Executive Board. Make a written financial report to the membership to each regular monthly meeting,

detailing all income and expenditures for the period. Be bonded through the master bond held by CUPE National. Any Treasurer who

cannot qualify for the bond shall be disqualified from office. Pay no money unless supported by a cheque requisition or expense former request

for payment is duly signed by the president and one other member of the Executive Board as determined by the Executive Board. No request shall be required for payment of per capita fees to any organization to which local 417 is affiliated.

Make the books available for inspection by the Auditors and/or the Trustees on a reasonable notice and have the books audited at least once each calendar year and within a reasonable time, respond in writing to any recommendations and concerns raised by the Trustees.

Provide the Trustees with any information they may need to complete the audit report forms supplied by CUPE.

Notify all members who are one month in arrears and report to the Executive Board

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all members who are two or more months in arrears in the payment of union dues. Sign all documents on behalf of Local 417. Perform such other duties as may be assigned by the Executive Board. Invest the finances of the Local upon direction of the membership. Conduct themselves in a professional manner in all capacities. On termination of office, surrender all books and other property of the local to the

successor.

5. The Chief Steward shall:

Handle the grievances of the Local by assisting all Shop Stewards in preparing or presenting grievances, and with the assistance of the National Representative, if required.

Hold monthly meetings with the area Shop Stewards. Keep on file a copy of all grievances. Report on any grievances at the Executive meetings and the monthly Shop Steward

meetings. Keep a file copy of job postings matched with the successful applicant. Perform such other duties as may be assigned by the Executive Board. Conduct themselves in a professional manner in all capacities. On termination of office, surrender all books and other property of the local to the

successor.

6. The Membership Officer shall:

Guard the inner door at membership meetings and admit no one but members in good standing or officers and officials of CUPE except on the order of the President and by consent of the members present.

Assist in maintaining the record of membership attendance at meetings. Perform other such duties as may be assigned by the Executive Board. Conduct themselves in a professional manner in all capacities. On termination of office, surrender all books and other property of the local to the

successor.

7. The Trustees shall:

Act as an auditing Committee on behalf of the members and audit the books and accounts of the Secretary-Treasurer and the Recording Secretary and the other committees at least once a year.

Report their findings to the first membership meeting following the completion of each audit.

Submit in writing to the President and Secretary-Treasurer any recommendations an or any concerns they feel should be reviewed in order to ensure that the locals funds, records and accounts are being maintained by the Secretary-Treasurer in an

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organized, correct and proper manner. Be responsible to ensure that monies are not paid out without proper constitutional

or membership authorization. Ensure that proper financial reports have been given to the membership. Audit the record of attendance. Inspect at least once a year, any stocks, bonds, securities, office furniture and

equipment, and titles or deeds to property that may at any time be owned by the local and report their findings to the membership.

Send to the National Secretary Treasurer, with a copy of the assigned servicing representative, the following documents:

o Completed Trustee Audit Programo Completed Trustees’ Reporto Secretary-Treasurer Report to the Trusteeso Recommendations made to the President and Secretary-Treasurer of Local

417.o Secretary-Treasurers response to the recommendationso Concerns that have not been addressed by Local 417 Executive Board.

Use the audit forms supplied by the National Office and send a copy of each half yearly audit to the National Secretary-Treasurer in accordance with the provisions of the CUPE Constitution.

List all of the assets of Local 417 and make sure that the assets are properly insured. Audit and check the records of the Recording Secretary and other committees where

necessary, at least once in each calendar year. Conduct themselves in a professional manner in all capacities. On termination of office, surrender all books and other property of the Local to the

successor.

ARTICLE 22 – THE RICK MALCOLM POST SECONDARY SCHOLARSHIP AWARD

Two $500.00 scholarships (one male - one female) will be awarded in the Fall of each year to the winners of a 1,000 word essay contest on the topic: The Union Movement.Recipients must be an immediate family member (son, daughter, and spouse) of a current dues paying member. All recipients are eligible to win the scholarship once. They must provide proof that they are enrolled full time in a post-secondary education or training program (i.e., University, College, Trade School, etc.).

Essays will be received by the Secretary who will assign a number to each entry and exclude the writer's name for unbiased judging. Essays will be judged by the Executive Committee at the June Executive meeting. Deadline for entries is June 10th for payment in October.

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ARTICLE 23 - AMENDMENTS

(a) CUPE Constitution

These By-laws are always subordinate to the CUPE Constitution (including appendix "B") as it now exists or may be amended from time to time, and in the event of any conflict between these By-laws and the CUPE Constitution, the latter shall govern.

(b) Additional Bylaws

These Bylaws can be amended if;

I. The amended or additional bylaws do not conflict with the CUPE Constitution.II. The amended or additions are approved by a two-thirds majority vote of those

present and voting at a regular membership meeting or special meeting called for this purpose.

III. Notice of the intention to propose the amended or additional bylaws was given at least seven days prior at a previous meeting, or 60 days prior in writing.

(c) Effective Date of Amended or Additional Bylaws

No changes in these By-laws shall be valid and take effect until approved by the National President of the Canadian Union of Public Employees. The National President will decide whether to approve the amended or additional bylaws within 90 days of receiving them and will withhold approval only where they are in conflict with the National Constitution. The validity shall date from the letter of approval of the National President.

ARTICLE 24 – COMPLAINTS & TRIALS

All charges against members or Officers must be made in writing and dealt with in accordance with the Trial Procedure provisions of the CUPE National Constitution. (see article B 11.1 to B.11.5)

ARTICLE 25 – RULES OF ORDER

All meetings of the Local Union will be conducted in accordance with the basic principles of Canadian parliamentary procedure. Some of the more important rules to ensure free and fair debate are appended to these bylaws as Appendix C. These rules shall be considered as an integral part of the bylaws and may be amended only by the same procedure used to amend the bylaws.

In situations not covered by Appendix C to these bylaws, the CUPE National Constitution may provide guidance, but, if the situation is not dealt with there, Bourinot’s Rules of Order shall be consulted and applied.

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APPENDIX ACUPE National Equality Statement

Union solidarity is based on the principle that union members are equal and deserve mutual respect at all levels. Any behaviour that creates conflict prevents us from working together to strengthen our union.

As unionists, mutual respect, cooperation, and understanding are our goals. We should neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any individual or creates an intimidating, hostile, or offensive environment.

Discriminatory speech or conduct which is racist, sexist, transphobic, or homophobic hurts and thereby divides us. So too does discrimination on the basis of ability, age, class, religion and ethnic origin.

Sometimes discrimination takes the form of harassment. Harassment means using real or perceived power to abuse, devalue, or humiliate. Harassment should not be treated as a joke. The uneasiness and resentment that it creates are not feelings that help us grow as a union.

Discrimination and harassment focus on characteristics that make us different; and they reduce our capacity to work together on shared concerns such as decent wages, safe working conditions, and justice in the workplace, society, and in our union.

CUPE’s policies and practices must reflect our commitment to equality. Members, staff, and elected officers must be mindful that all persons deserve dignity, equality, and respect.

APPENDIX BCode of Conduct

Local 417 is committed to ensuring that all of its meetings and activities are safe environments where members are encouraged to speak. Existing members are encouraged to welcome, mentor and support new members and equity-seeking members.Local 417 strives to promote core values which include the principles of solidarity, equality, democracy, integrity, and respect. We are committed to mobilizing our energy and skills to work together to promote these values and to attain these goals in our union, our communities, and globally.Local 417 is committed to creating a union which is inclusive, welcoming, and free from harassment, discrimination and all types of bullying and intimidation. Local 417 needs to ensure that it provides a safe environment for members, staff and elected officers to carry out our work. Local 417 expects that mutual respect, understanding and co-operation will be the basis of all our interaction.This Code of Conduct for Local 417 sets out standards of behaviour for members at meetings, and

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all other events organized by Local 417. It is consistent with the expectations outlined in the Equality Statement, CUPE National Constitution and these bylaws. It does not apply to complaints arising in the workplace, as those are dealt with through the grievance procedure and/or the applicable workplace harassment policy.As members of Local 417 we commit to one another and to the union to be governed by the principles of the Code of Conduct and agree to:

Abide by the provisions of the Equality Statement; Respect the views of others, even when we disagree; Recognize and value individual differences; Communicate openly; Support and encourage each other; Make sure that we do not harass or discriminate against each other; Commit to not engaging in offensive comment or conduct; Make sure that we do not act in ways that are aggressive, bullying, or intimidating; and Take responsibility for not engaging in inappropriate behaviour due to abuse of alcohol or

other drugs while participating in union activities, including social events.

Harassment is objectionable behaviour which may include actions, language, gestures, and/or written material, and which the harasser knows or ought reasonably to know is abusive and unwelcome. Bullying is a form of harassment which is serious ongoing behaviour which targets an individual or group and which threatens that person or persons’ mental and/or physical well-being.

A complaint regarding this Code of Conduct will be handled as follows:1. If possible, a member may attempt to deal directly with the person alleged to have engaged

in behaviour contrary to the Code, by asking the person to stop such behaviour. If that is not possible, or if it does not resolve the problem, a member may bring forward a complaint.

2. Once a complaint is received, a designated Officer of the Local Union will work to seek a resolution.

3. If this fails to resolve the matter, the designated Officer of the Local Union shall report the matter to the person in charge, who shall determine whether there is need to remove the member. The person in charge has the authority to expel members from the event for serious or persistent offenses.

This Code of Conduct is designed to create a safe, respectful and supportive environment within CUPE. It is meant to enhance the rights and obligations outlined in the Bylaws of Local 417, the CUPE National Constitution, the Equality Statement, and applicable human rights legislation, not replace them.

This Code of Conduct does not replace a member’s right to access the trial provisions of the CUPE National Constitution.

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APPENDIX CRules of Order

1. The President will be the Chairperson at all membership meetings. In the absence of the

President, the Vice-President will be the Chairperson at the membership meeting. In the absence of the President and Vice-President, the Recording Secretary will be the Chairperson at the membership meeting. In the absence of the President, Vice-President and Recording Secretary, members at the membership meeting will select a Chairperson by majority vote. Quorum rules must be met.

2. Members are not allowed to speak about an issue for more than five minutes. Members can only speak to an issue once unless there is agreement by the members at a meeting, or where all those wishing to speak have had the opportunity to speak.

3. The Chairperson of a committee who is making a report or the mover of a motion may speak for up to fifteen minutes. With the agreement of the members present, the fifteen minutes may be expanded.

4. The Chairperson will state every motion presented at a membership meeting before allowing debate on the motion. Before putting a motion to a vote, the Chairperson will ask: “Is the Local ready for the motion?” If no member rises to speak, the motion will be voted upon.

5. A motion must be moved and seconded. The mover and seconder must rise and be recognized by the Chairperson.

6. A motion to amend a motion, or a motion to amend an amendment are allowed, however a motion to amend an amendment to an amendment is not allowed.

7. An amendment to a motion or an amendment to an amendment to a motion that is a direct negative to the main motion is never permitted.

8. On motion, the regular order of business at a membership meeting may be suspended where two-thirds of those present vote to do so. The regular order of business should only be suspended to deal with urgent business.

9. Motions other than those named in Rule 19, or motions to accept or adopt the report of a committee, will, if requested by the Chairperson, be put in writing prior to beginning debate and vote.

10. At the request of a member, and upon a majority vote, a motion which contains more than one action or issue can be divided.

11. The mover of a motion can withdraw the motion upon the consent of the seconder prior to the end of debate. Once debate has ended on a motion, the motion can only be withdrawn upon unanimous vote of the members present.

12. A member who wishes to speak on a motion, or a member who wishes to move a motion, shall rise and respectfully address the Chairperson. The member shall not proceed until the member is recognized by the Chairperson except where the member rises to a point of order or on a question of privilege.

13. The Chairperson will keep a speakers list and in all cases will determine the order of speakers including those circumstances where two or more members rise to speak at the same time.

14. A member, while speaking, will speak only to the issue under debate. Members shall not

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personally attack other members. Members will refrain from using language that is offensive or in poor taste. Members will generally not speak in a manner that reflects poorly on the Local Union or other members.

15. A member that is called to order will stop speaking until the point of order is determined. If it is decided that the member is in order, then the member may continue speaking.

16. Religious discussion of any kind is not permitted.17. The Chairperson will not take part in any debate. Where the Chairperson wishes to speak

on a resolution or motion, or where the Chairperson wishes to move a motion, the Chairperson must rise from the chair and hand the chair over as outlined in Rule #1.

18. The Chairperson will have the same right to vote as other members. In the case of a tie vote, the Chairperson may cast another vote or the Chairperson may refrain from casting an additional vote, in which case the motion is defeated.

19. When a motion is before the members, no other motion is in order except a motion to 1) adjourn; 2) put the previous question; 3) lay on the table; 4) postpone for a definite time; 5) refer; or 6) divide or amend. These six motions shall have precedence in the order indicated. Motions 1 through 3 shall be decided without debate.

20. The Chairperson will ask “Will the main question be now put?” where a motion for the previous question is moved and seconded. If approved, the Chairperson will then take votes on the motion and amendments to the motion (if any) in order of priority. If an amendment or an amendment to an amendment is approved, then members will be asked to vote on the motion as amended.

21. A motion to adjourn is in order except when a member is speaking or when members are voting.

22. A motion to adjourn, if lost, is not in order if there is further business before the Local Union, until fifteen minutes have elapsed.

23. After the Chairperson declares the vote results on a question, and before the Local Union proceeds to another order of business, any member can ask for a division. A standing vote on the division will be taken and the Recording Secretary will count the standing vote.

24. If a member wishes to appeal a decision of the Chairperson, the member must appeal at the time the decision is made. If the appeal is seconded, the member will be asked to state briefly the basis for the appeal. The Chairperson will then state briefly the reasons for the decision. Following immediately and without debate, the Chairperson will ask, “Will the decision of the chair be upheld?” A majority vote shall decide. In the event of a tie vote, the decision of the chair is upheld.

25. At a membership meeting where a question has been decided any two members who voted with the majority can give notice of a motion to reconsider a decision of the membership at the next membership meeting. The motion to reconsider requires the support of a two-thirds majority of members who vote. If two-thirds majority of members support reconsideration, the question will be placed in front of the membership for debate and a subsequent vote.

Canadian Office & Professional Employees Local #491

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