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BY-LAWS OF
THE UNION OF TAXATION EMPLOYEES
NORTHERN BC & YUKON
PUBLIC
SERVICE ALLIANCE OF CANADA
ADOPTED: JUNE 28, 2000 AMENDED: FEBRUARY 3, 2003
This Local shall be called “UNION OF TAXATION EMPLOYEES OF THE PUBLIC SERVICE ALLIANCE OF CANADA”, Northern BC & Yukon, Local 20002.
The Local is formed for the following
purposes and objectives:
Section 1
To unite all employees of the
Northern BC & Yukon Office of the Canada Customs and Revenue Agency, as
members of one organization, capable of acting on their behalf.
Section 2
To obtain, through democratic means
for all such employees, the best possible standard of wages, salaries and other
conditions of employment, and to protect their interests, rights and privileges.
Section 3
To support fully the Union of Taxation Employees of the Public Service Alliance of Canada.
Section 4
To represent any member or group of
members in appeals, or under an established Grievance Procedure, or in any other
manners, or any matters within the jurisdiction of the Local.
Section 5
To maintain the “esprit de corps”
of the members.
Section 1
On adoption of these By-Laws, all
members of the Union of Taxation Employees of the Public Service Alliance of
Canada in and attached to the Northern BC & Yukon Tax Services office shall
be deemed to be members of the Public Service Alliance of Canada and of this
Local.
Section 2
Subject to Section 4 of this By-Law,
all employees of the Northern BC & Yukon Tax Services office are eligible
for active membership in the Public Service Alliance of Canada, the Union of
Taxation Employees, and this Local.
Section 3– Associate Membership
(Employees)
Any employee of this Local may, upon application to the Management Committee of the Component, be granted an Associate Membership.
Section 4 – Associate
Membership (for
Benefit)
The following employees or former employees of the Northern BC & Yukon Tax Services Office shall be eligible for the Associate membership in this Local:
NOTE:
Associate members shall not be eligible to hold office in the local and
shall not have voice in meetings of the Local.
Section 5 – Honorary Membership for Non-Members
This Local may, at the decision of the
Executive thereof, recommend to the Component the granting of honorary
membership in the Local to anyone who is deemed to merit such an honor but is
not eligible for the membership as defined in this By-law.
Section 6 – Life Membership
This Local may, at the decision of the Executive thereof, recommend to the Component the granting of Life Membership in the Local to anyone who has rendered exceptional service to the Local.
Section 7
All members as described by Sections 1
and 2 of this By-Law shall be required to pay dues as provided by By-Law 5.
Section 8
Associate Members as described by
Section 4 of this By-Law shall pay monthly dues equal to the amount allocated to
the Social and Benevolent Funds from monthly dues paid by the general
membership. Associate members shall
have voice and vote in the determination of such allocation.
Associate members shall be required to
pay the same monthly dues as the general membership only if they wish to
subscribe to any of the insurance plans available to the general membership.
Section 1
Upon being granted membership in this
Local and for the term of such membership, each member of this Local shall be
deemed to have agreed to abide by and to be bound by the provisions of the
By-Laws of this Local, and its Component, and the Constitution of the Public
Service Alliance of Canada.
Section 2
Upon being granted membership in this
Local and for the term of such membership, each member of this Local is deemed
to nominate, constitute and appoint this Local, its Component, and the Public
Service Alliance of Canada as the agent to negotiate with the employer on their
behalf in the spheres of competence of this Local, its Component and the Public
Service Alliance of Canada respectively, unless such member is debarred from
such representation by the term of their employment or status.
Section 3
Upon being granted membership in this Local and for the term of such membership, each member of this Local is deemed to nominate, constitute and appoint the Public Service Alliance of Canada as their agent for the purpose of entering into collective bargaining with their employer under collective bargaining procedures established by law for collective bargaining in the Public Service Alliance of Canada unless such member is debarred from such representation by the terms of their employment or status, and the Public Service Alliance of Canada shall have the power through its duly appointed agents to ratify and sign agreements reached through collective bargaining, conciliation, and arbitration procedures established by law for the Public Service of Canada.
Section 1
The monthly per capita dues for
membership including Associate Membership in this Local shall be set from time
to time by this Local at an Annual General Meeting by a majority vote of its
membership present and voting.
Section 2
Members of this Local excluding Associate Members shall also be required to pay the membership dues established by its Component and by the Public Service Alliance of Canada.
¨
BY-LAW 6
Section 1
(a)
There shall be an Executive Committee of this Local, which shall exercise
all the powers and perform all the duties vested in it by these By-Laws.
(b)
The Executive Committee shall consist of the following officers:
1) President
2) 1st Vice President
3) 2nd Vice-President
4) Secretary
5) Treasurer
6) Executive Steward
(c) The Executive Committee shall have control of the business of the Local, subject
at all times to the direction of the general membership as brought forward at an
Annual General Meeting.
(d) The Executive Committee shall be vested with the authority to deal with all
matters affecting the business and objectives of the Local; it shall discharge all duties and obligations imposed upon it by General Membership as brought forward at an Annual General Meeting.
(e) The Executive Committee may make amend or delete such regulations as it
deems necessary and consistent with the Constitution and these By-Laws, provided they are submitted to the first succeeding Annual General Meeting for ratification.
(f) The Executive Committee shall have the power to spend Local funds for the
Benefit of the Local in any manner in keeping with these By-Laws and resolutions adopted at Annual General Meetings.
(g) The Executive Committee shall have the power to call into conference or
consultation, or to invite to attend a meeting of the general membership or of the Executive Committee, any person who, by reason of experience or special knowledge may be able to assist the Local in carrying out its objectives. Any reasonable expenses incurred thereby shall be paid by the Local.
(h) The Executive Committee shall have the authority to appoint representatives of the Local to any organization, to which the Local may send representatives.
(i) The Executive Committee shall have the authority to add positions to the
Executive Committee at any time pending ratification of the addition at the next Annual General Meeting.
Section 2 – Vacancies
a)
If the office of any members of the Executive Committee becomes vacant,
or the incumbent is rendered permanently unable to perform their duties, or a
position is not filled at an Annual General Meeting, the Executive shall fill
the office by election at its next regular or special meeting.
b) Appointments or replacements made under subsection (a) of this section, shall have the same force and effect as an election at an Annual General Meeting.
Section 3 – Committees
a) The President is empowered to appoint such committees as they deem necessary subject to approval of the Executive Committee.
b) The President is empowered to appoint the Chairperson of each committee, and shall collaborate with the Committee Chairperson in selecting the members of the committee.
c)
Members of the Executive Committee may serve on the committees, or as
committee Chairpersons.
d)
Each Committee shall meet at the call of its Chairperson.
e)
Any committee Chairperson, in consultation with the President, may
appoint advisory members who may attend and have a voice at meetings, but shall
have no vote.
f)
Committee or sub-committees appointed for the purpose of studying any
particular subject, shall be deemed to be dissolved upon presentation of their
final report.
g) All committees shall report as directed by the President.
Section 1
a)
President: The
President shall preside at all meetings and shall enforce due observance of the
rules of order and of these By-Laws. It
shall be the duty of the President at all times to uphold the Constitution of
the Public Service Alliance of Canada, and the By-Laws of the Union of Taxation
Employees and of this Local. The
President shall preside at all meetings, shall be ex-officio a member of all
committees, chairperson of the Executive Committee, chairperson of delegations
to any Conventions or other assemblies to which this local may send delegates
and, in general, shall perform all such duties as are incidental to the office
of the President, and are properly required of them.
b)
1st Vice-President: In the temporary absence of the President, the
Vice-President shall exercise all of the functions of the President and shall be
vested with all of their powers. In
the event of permanent absence of the President, the Vice-President shall
exercise all of the functions of the President and shall be vested with all of
their powers until the next Annual General Meeting.
c) 2nd Vice President: In the temporary absence of the President and 1st Vice-President, the 2nd Vice-President shall exercise all of the functions of the President and shall be vested with all of their powers. In the event of permanent absence of the President and the 1st Vice-President, the 2nd Vice-President shall be vested with all of their powers until the next Annual General Meeting.
d)
Secretary: The
Secretary shall prepare the minutes of all Annual General Meeting and Executive
Committee Meetings and shall otherwise carry out the normal duties of a
secretary.
e)
Treasurer: The
Treasurer shall collect and keep all monies of the Local and disburse them under
the direction of the Executive Committee. The Treasurer shall keep the accounts of the Local, and shall
make a report of its financial condition at each annual meeting.
f)
Executive Steward: The
Executive Steward shall be responsible to the Executive Committee for the
handling of grievances, complaints or other staff problems and shall report to
the Executive Committee as circumstances warrant. In particular, they shall report all contract, safety and
health violations. The Executive
Steward, at the direction of the Executive Committee, shall have the authority
to appoint Stewards as necessary to assist in the disposition of the duties of
the office. The Stewards shall be
responsible to the Executive Committee through the Executive Steward.
The term of appointment shall be at the discretion of the Executive
Committee. Notice of appointment or
termination of appointment shall be posted within 5 days of such appointment or
termination.
g) Past President: The Past President shall, at the request of the Executive Committee, advise the Executive Committee in the Administration of the Local in every way calculated to advance its purpose and objectives.
Section 1
The officers of the Local shall be
elected by ballot in accordance with the following schedule:
b) The 2nd
Vice-President to serve a one-year term commencing with the February 3, 2003
Annual General Meeting and henceforth this term will be for two years.
Section 2
Nominations for officers to be elected will be accepted from the floor at the Annual general Meeting or by submitting a written nomination including the name of the person being nominated, the position to which they are being nominated, the name of the person nominating the candidate and the name of the person who has seconded the nomination to the Secretary at least 7 days prior to the Annual General Meeting. Elections will be held by secret ballot at that meeting.
Section 3
The Chairperson of the nominations committee shall preside at the election of the officers and they shall appoint the necessary scrutineers to distribute, collect and count the ballots. A Chairperson of Scrutineers shall report the results of each ballot taken to the Chairperson of the nominations committee.
Section 4
Election to any office shall be by majority vote only; i.e. 50% plus one, of the total votes cast. Where more than two nominees stand for election to any office, and no one received a majority vote on the first ballot, the nominee receiving the lowest number of votes shall be dropped and balloting shall continue until one nominee receives a clear majority.
Section 1
a)
The Local will hold an Annual General Meeting once in each calendar year
but no more than 13 months shall pass between Annual General Meetings.
All members who are in good standing as at the date of the Annual General
Meeting shall be eligible to attend and vote at the Annual General Meeting.
A member shall be deemed to be in good standing if he/she has filed an
application for membership with a member of the Executive and has paid all the
required dues.
b)
The Executive Committee shall meet at least 6 times per calendar year.
c)
The Executive Committee shall have the authority to call a Special
General Meeting, which will have all the authority of an Annual General Meeting.
Notice of such a meeting must be given to each member in writing by
mailing the details of the meeting to their last known address at least 14 days
prior to the date of the meeting.
d) Notice of the date and time and place of the Annual General Meeting shall be given to the members a minimum of 14 days in advance of the meeting by posting notices on the bulletin boards in the workplace set aside for union business. Said notice MUST include details of any proposed changes to the by-laws of the Local.
Section 1
All discipline will be in accordance with the constitution of the Public Service Alliance of Canada and the By-Laws of the Union of Taxation Employees.
¨ BY-LAW 11
The fiscal period of the Local shall be the calendar year.
Section 1
Any property held, which is not
registered in the name of the Local, shall be held in trust by a Board of three
Trustees appointed by the Executive Committee.
Section 2
The Executive Committee may invest any
funds of the Local not required for current expenses, in securities approved for
investment by trust companies. Such
securities shall be kept in the custody of a bank or trust company in a safety
deposit box rented in the name of the Local.
Section 3
All funds shall be deposited in a
Canadian chartered bank or credit union. All
payments, with the exception of petty cash payments, shall be made by cheque and
signed by any two of the following three officers:
The President, Vice-President and Treasurer.
¨
BY-LAW
13
Two members shall be appointed as auditors at the Annual General Meeting for the ensuing year to audit the accounts of the Local and report their findings at the following Annual General Meeting. They shall have full access to the books and records at all times. These auditors shall not be members of the Executive Committee.
Section 1
No alteration of these By-Laws shall be
made except upon Notice of Motion in writing, stating in detail the nature of
the proposed amendments, such notice to be attached, at the time of posting, to
the notification of the meeting as defined in By-Law 9.
Section 2
A two-thirds majority vote of the members present at the meeting at which the proposed amendments are voted upon shall be required to pass the amendment.
The Local may be dissolved and its assets and liabilities disposed of by a two-thirds majority of all votes cast at an Annual General Meeting provided a Notice of Motion in writing proposing such a dissolution, and disposition, has been attached at the time of posting, to the notification of the meeting as defined in By-Law 9.
Section 1
Any member of the Executive Committee
incurring traveling and living expenses while engaged on approved business of
the Local shall be reimbursed for such expense.
Section 2
Any member of the Executive Committee required to take leave without pay for the purposes of carrying out approved business of the Local shall be reimbursed for such loss of pay. Such loss, where travel time is involved, shall be based on the fastest means of transportation.
Section 1
Nothing in these By-Laws shall be
construed to conflict with the Constitution of the Public Service Alliance of
Canada or the By-Laws of the Union of Taxation Employees.
Section 2
A quorum at all meetings of the
Executive Committee shall be 50% of the members thereof.
Section 3
A quorum at any Annual General Meeting
shall be a minimum of 20% of the members.
Section 4
Rules of
Order:
The Rules of Procedure at all meetings of the Local, except as specifically provided by these By-Laws, shall be according to the Rules of Order of the Public Service Alliance of Canada adopted in 1974.
Section 5
On a question of the interpretation of any provisions of these By-Laws, reference may be made to the By-Laws of the Union of Taxation Employees or, if necessary, to the Constitution of the Public Service Alliance of Canada.
Section 1
All benefits of membership, contracts
of employment, legal agreements, matters in progress or any matters requiring
continuity with the Union of Taxation Employees of the Public Service alliance
of Canada Northern BC & Yukon Local, shall be deemed to be included in the
Local.
Section 1
Notwithstanding the provisions of the By-Laws 8 and 14, an advance poll will be held for members who will be out of town on Agency business at the time of the general election of officers, at which poll they may vote on proposed by-law changes and on those candidates for office who have been nominated at that time.
Section 2
Members who are unable by reason of employment to attend a general election of officers held during working hours may vote at an advance poll described in Section 1.
HISTORY
OF CHANGES
By-Law 3: Amended February 3, 2003
By-Law 6: Amended February 3, 2003
By-Law 7: Amended February 3, 2003
By-Law 8: Amended February 3, 2003