By-Law 1 Name
This local shall be called the Union of
Taxation Employees-Public Service Alliance of Canada – Local
20027 (Vancouver), hereinafter referred to as Local.
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By-Law 2 Purpose
The Local is formed for the following
purposes and objectives.
Section [1]
To support fully the Public Service Alliance of Canada in
the furtherance of its constitutional responsibility for the
improvement and protection of wages, salaries and the other
terms of employment of employees of the Public Service of
Canada and to subscribe unconditionally to the aims and
objectives outlined in the Constitution
Section [2]
To represent any member or associated member of the Local on
appeals, or under an established Grievance Procedure or in
any other manner, or any manner within the jurisdiction of
the Local.
Section [3]
To promote the welfare of members and superannuated
members.
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By-Law 3 Membership
Section [1]
Membership eligibility in the Local is expanded to include
the following groups of employees:
[a]
Members working in the Pacific Region, Regional Office,
which includes but is not restricted to the Human Resources
Section and ‘the warehouse’.
Section [2]
The Local may retain as Associate Members of the Local,
persons described in the Public Service Staff Relations Act
as ‘designated employees’, also employees whose employment
with the Agency was terminated
[a]
By reaching the minimum statutory retirement age
[b]
Ill health when such is certified by the Agency as the
reason for retirement
[c]
Who by abolition of their position are separated from their
continued employment in the Federal Public Service.
Associated
members shall not be eligible for executive office in the
Local, shall not have a voice or vote in the meetings of the
Local, but maybe accorded such privileges of membership for
such a length of time as may be provided by Regulations to
these By-Laws.
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By-Law 4 Conditions
of Membership
Upon being granted membership in the
Public Service Alliance of Canada and this Union and for the
term of such membership, each member of the Union is deemed
to have agreed to abide and to be bound by the provisions of
these by-laws and the Constitution of the Public Service
Alliance of Canada.
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By-Law 5 Membership
Responsibility
Section [1]
The Local shall deal with the Agency officials in the
Vancouver Tax Services Offices and the Pacific Regional
Office on matters affecting the interests of its members.
Section [2]
[a] The Local
shall also have the right to initiate such actions on
matters having broader scope than those of direct concern to
the Local members: by first seeking a solution through
written submission to the Union [the Regional Vice
President, the Executive Council or the Convention] or
second, by submission to the Area Councils.
[b]
After having exhausted the foregoing, then by direct
recourse to the Public Service Alliance of Canada through
the Regional Executive Vice President.
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By-Law 6 Membership
Dues
Section [1]
The monthly dues payable by each member shall consist of the
total of such dues as may be established from time to time
by the Union and/or the Public Service Alliance of Canada,
plus Local dues as may be established by these by-laws.
Section [2]
Local dues may be set by the Annual General Meeting, or, if
not less than fourteen [14] days is given, at a special
general meeting.
Section [3]
A majority vote of 50% plus 1 of the membership shall be
required at a special general meeting or Annual meeting.
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By-Law 7 Administration
Section [1]
The affairs of the Local shall be conducted by the Executive
Committee.
Section [2]
Executive Committee
[a]
The Executive Committee shall consist of:
President
1st Vice-President
2nd Vice-President
6 Local Directors
First Secretary
Second Secretary
Treasurer
[b]
The Executive Committee shall be an executive body charged
with the day-to-day administration of the Local.
[c]
The Executive Committee may make, amend or delete such
Regulations as it deems necessary consistent with the
Constitution of the Public Service Alliance of Canada, the
by-laws of the Union and the Local, provided that these
Regulations are submitted to the first successive Annual
General Meeting for ratification.
Section [3]
Floor Representatives
[a]
Each floor of the buildings utilized by our membership shall
be entitled to elect a floor representative who will see
that all information from the Union is conveyed to the
members.
[b]
The term of office shall be for one year.
[c]
The Floor Representatives will consult with the Chairman of
the Grievance Committee on potential grievances/appeals and
in general will ensure that the good and welfare of the
members is maintained.
Section [4]
Shop Stewards
[a]
The President of the Local shall be the Chief Shop Steward.
[b]
Shop Stewards, as required, shall be appointed by the
Executive Committee and shall be responsible to the
Executive Committee. The term of appointment shall be
at the discretion of the Executive Committee.
[c]
Shop Stewards shall ordinarily report to the Chairperson of
the Grievance Committee.
[d]
Notice of appointment or termination of appointment shall be
posted within 5 days of such appointment or termination of
appointment.
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By-Law 8 Duties
of Officers
Section [1]
The President shall:
[a]
Preside at all meetings and shall enforce due observance of
the rules and regulations
[b]
Have the right to vote
[c]
Be ex officio, a member of all committees
[d]
Exercise general supervision over the affairs of the Local
[e]
Uphold the Constitution of the Public Service Alliance of
Canada, and the By-Laws of the Union and Local.
Section [2]
[1] The First
Vice-President
shall:
[a]
Preside in the absence of the President
[b]
Replace the President until the next Annual General Meeting
of the Local in the event of death, retirement or
resignation of the President, or his transfer to another
office of Canada Revenue Agency
[c]
Be the Chairperson of the Grievance Committee and Appeals
Committee
[d]
Have the power to recommend to the Executive Committee the
names of members to sit on the Grievance Committee and the
Appeals Committee.
[2]
The Second Vice-President shall:
[a]
Preside in the absence of the President and the First
Vice-President
[b]
Be responsible for the preparation of non-financial reports,
position papers, briefs and other documents on behalf of the
Executive Committee.
Section [3]
The
Local Directors shall serve on the various committees as
required by the Executive.
Section [4]
[1] The First
Secretary
shall
[a]
Cause a record to be kept of all proceedings of the Local
and shall prepare all notices and conduct all correspondence
of the Local except where otherwise provided
[b]
Preside in the absence of the President, First
Vice-President and Second Vice President
[c]
Be allowed such sum of money for a clerical assistant as the
Executive Committee may deem expedient and provided by the
budget.
[2]
The Second Secretary
shall
[a]
Distribute all minutes, information and notices for
circulation to the Executive Committee
[b]
Distribute all information, minutes and notices for
circulation to Floor Representatives for posting on the
union bulletin boards and circulation to members as
required
[c]
Cause a record to be kept of all proceedings of the Local,
prepare all notices and conduct all correspondence of the
Local in the absence of the First Secretary, except where
otherwise provided.
If the First and Second Secretary are
absent from a meeting, a secretary pro tempore shall
be appointed by the Chairperson.
Section [5]
The Treasurer shall
[a]
Collect and keep all funds of the Local and disburse them at
the direction of the Executive Committee.
[b]
Obtain proper voucher covering all monetary transactions.
[c]
Keep the accounts of the Local and make a report of it’s
financial condition at least once per month to meetings of
the Executive Committee and to the Annual General Meeting
relating to the financial matters of the Local
[d]
To ensure that the accounts shall be audited in the manner
provided by By-Law 15
[e]
Present the Executive Committee and the Annual General
Meeting complete financial statements at the end of each
fiscal year.
[f]
Be required to be bonded by a guarantee company selected by
the Executive Committee, cost to be borne by the Local
[g]
Prepare a proposed budget of income and expenditure for the
upcoming fiscal year. The proposed budget will be
presented to the membership of the Local for their
acceptance, at the Annual General Meeting.
[h]
Ensure that the proposed budget and financial statements are
circulated to the membership with the notice of the Annual
General Meeting.
Proposed budgets and/or financial
statements not circulated in accordance with By-Law 8
Section [5] [h] will not be heard unless a 2/3 majority of
members in attendance agree that the proposed budget and/or
financial statements may be presented.
Section [6]
Shop Stewards
Duties of shop stewards shall be
promulgated regulations as provided by By-Law 7 Section
[2][c].
Section [7]
Reports
[a]
Each and every officer listed in By-Law 8 excepting Section
[5] shall prepare a report of their actions during the
preceding year. These reports will be circulated to
the membership with the notice of Annual General Meeting.
[b]
Reports not circulated in accordance with By-Law 8 Section
[6][a] will not be heard nor presented at the Annual General
Meeting unless a 2/3 majority of the members in attendance
agree that the report may be presented.
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By-Law 9 Election
of Officers
Section [1]
The Executive Committee shall be elected by secret ballot by
the members attending the Annual General Meeting.
Section [2]
[a] Nominations
will be accepted for each elective office of the Executive
Committee before the Annual General Meeting.
[b]
Each nomination will be seconded and accompanied by
acceptance from the nominee and be forwarded to the
Secretary for publication.
[c]
Nominations will be opened at least 30 days prior to the
Annual General Meeting.
Section [3]
Nominations will be accepted from the floor at an Annual
General Meeting under the same conditions as prescribed in
Section [2][b] of By-Law 9 without the requirement to
forward to the Secretary.
Section [4]
Election of any office shall be by majority vote only i.e
50% plus one of the total votes cast. In the event
that no nominee receives a majority of votes, the nominee
receiving the fewest votes shall be dropped from the ballot
and a new vote shall immediately be taken.
This procedure will continue until one
nominee receives a majority of the votes cast. In the
event of a tie vote when only two nominee remain or when
only two nominees are standing for election to the same
office, the presiding officer shall declare no ballot and
request that a new vote be taken.
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By-Law 10
Floor Representatives
Section [1]
Floor representatives shall be appointed by the Executive
Committee.
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By-Law 11 Discipline
Section [1]
The Executive Committee shall have the authority by
resolution passed by a majority consisting of two-thirds of
those eligible to vote, to recommend to the Executive
Council of the Component, suspension of the membership in
the Public Service Alliance of Canada for such a period as
may be deemed appropriate under the circumstances; or remove
from office any member of the local or local officer, if it
is found that they have contravened any provision of these
By-Laws or the Constitution or for cause listed in Section 4
of this By-Law.
Section [2]
The Executive Committee shall have the authority by
resolution passed by a majority consisting of two-thirds of
those eligible to vote, to remove from office and deny the
right to hold any office for a period not exceeding five
years and Local officer if it is found that they have
contravened any provision of these By-Laws or the
Constitution or for the cause listed in Section [4] of this
By-Law.
Section [3]
Notwithstanding any other By-Law a general meeting of the
Local shall have the authority by resolution passed by a
majority consisting of two-thirds of those eligible to vote
to levy a fine against any member of the Local if it is
found that they have contravened any provision of these
By-Laws or the Constitution or for cause listed in Section
[4] of these By-Laws.
Section [4]
A local officer or any member is guilty of an offence
against these By-Laws should:
[a]
Violates any provision of the Constitution of these
By-Laws;
[b]
Obtains membership or solicits membership by
misrepresentation;
[c]
Institutes, urges, or advocates that a member institute an
action in a court of law against the Alliance, any of it’s
constituent parts or any of it’s officers without first
exhausting all remedies through Appeal or the Union;
[d]
Other than through proper Union channels advocates or
attempts to bring about the withdrawal from the Alliance the
Union or Locals of any member or group of members;
[e]
Wilfully publishes or circulates among the members false
reports or misrepresentations;
[f]
Works in the interests of a rival organization against the
Alliance, the Union, or Locals;
[g]
Slanders, libels, or wilfully wrongs an officer or member of
the Alliance, the Union or Locals;
[h]
Uses abusive language or wilfully disturbs the peace of any
meeting place of the Alliance, the Union or Locals;
[i]
Uses the name of the Union for soliciting funds or
advertising without the consent of the Executive Council;
[j]
Furnishes without prior authority a list of any information
on the membership of the Alliance, the Union or Locals to
any person or persons other than those whose official
position in the Alliance or the Union or Locals, would
entitle them to have such information;
[k]
Deliberately interferes with an official of the Alliance,
the Union or the Locals in the discharge of duties;
[l]
Engages in conduct prejudicial to the good order and
discipline of the Alliance, the Union or Locals;
[m]
If a non-designated employee crosses the picket line of his
own bargaining group; or
[n]
Sexually or personally harasses another member.
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By-Law 12 Office
Eligibility
Section [1]
All members in good standing are eligible for office
provided that no member shall be eligible for the office of
President unless such has served at least one [1] year on
the Executive Committee.
Section [2]
The term of office shall be two years for officers elected
at an Annual General Meeting and one [1] year for floor
representatives.
Section [3]
The President, Second Vice President, 3 Local Directors and
one secretary shall be elected in the odd numbered years,
and the First Vice President, the Treasurer, 3 Local
Directors and one secretary shall be elected in the even
numbered years.
Section [4]
Except for the office of the President, the Executive
Committee shall have the power to fill any vacancies which
may occur on the Executive Committee until the next Annual
General Meeting, at which time an election will be held to
fill the position for the balance of the term as described
in Section [2].
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By-Law 13
Control of Funds
Section [1]
[a] The funds
shall be deposited in a Chartered Bank or Credit Union
[b]
Funds not immediately required for the use of the Local may,
at the discretion of the Executive Committee be invested in
securities approved for investment by trust Companies.
[c]
Such securities must remain for safekeeping in the custody
of the bank or credit union where current funds are on
deposit.
Section [2]
[a] All payments
shall be made by cheques, and
[b]
All cheques shall bear the signature of any two of the
following officers: Treasurer, President, First Vice
President.
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By-Law 14
Fiscal
Year
The fiscal year of the Local shall be
November 1 to October 31.
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By-Law 15 Auditors
[a]
A member in good standing shall be appointed at each Annual
General Meeting to conduct an audit of the books and records
of the Local for the ensuing year and report their findings
to the membership.
[b]
If the position remains vacant after an AGM, the Executive
can appoint an outside accounting body.
[c]
The auditor shall have access to the books and records at
all times.
[d]
The auditor shall not be a member of the Executive
Committee.
[e]
In the event that a vacancy occurs in the office of the
auditor, the Executive Committee shall have the power to
fill such vacancy until the next Annual General Meeting.
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By-Law 16 Delegates
to National Conventions and Regional Conferences
Section [1]
The President of the Local shall be a delegate unless the
President chooses to pass on delegate status to the First
Vice President.
Section [2]
Other delegates must be members of the Local in good
standing and,
[a]
Possess a broad knowledge of matters relating to the Local
and Public Servants problems, and
[b]
Be a person of such character, manner and address as will
enable him or her to worthily represent the collective
membership of this Local.
Section [3]
Other delegates and alternates shall be selected by the
Executive Committee on the recommendation of the members.
Section [4]
Delegates and alternates shall be appointed as soon as
possible after the announcement of dates for Conventions and
Regional Conferences.
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By-Law 17 Meetings
Section [1]
An Annual General Meeting at which officers shall be elected
and other business transacted shall be held in the first two
months of each year, the date to be determined by Executive
Committee.
Section [2]
[a] Special
general meetings may be held at the call of the President,
or, in his absence the First Vice President.
[b]
Upon written demand of fifty or more members the President
shall call a special general meeting and such meeting shall
be held not later than ten days following the date of such
demand.
Section [3]
Notice of the date of the Annual General Meeting shall be
duly posted not less than fourteen days prior to such date.
Section [4]
Executive Committee meetings shall be held monthly or as
often as required. The dates and location of the
meeting (s) to be determined by the Executive Committee.
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By-Law 18 Quorum
[a]
A quorum for the Annual General Meeting shall consist of not
less than 15 members
[b]
A quorum of an Executive meeting shall consist of not less
than three members of said committee.
[c]
No business may legally be conducted unless the required
quorum is present.
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By-Law 19
Amendments
Section [1]
[a] By-laws may be
enacted or amended on a 2/3 majority vote of the members in
good standing at any Annual General Meeting or Special
General Meeting providing that written notice of the
proposed amendment[s] shall be given to the members at least
thirty [14] days prior to the Annual General Meeting or
Special General Meeting.
[b]
A two-thirds majority of the members in attendance at such
meetings shall be necessary for adoption of proposed
amendments.
Section [2]
In the event that any staff organisation, corporation,
Department of Government or sub-division thereof changes
it’s name after coming into effect of the by-laws the old
name as referred to herein shall be amended to the new name
without recourse to the provisions of these by-laws.
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By-Law 20 Dissolution
[a]
The Local may be dissolved by a 2/3 majority of the
membership present at a Special General Meeting called for
that purpose.
[b]
Such meeting shall determine the disposition of the assets
of the Local.
[c]
Notice of such Special General Meeting clearly stating it’s
purpose shall be posted no less than fourteen days before
the day of the meeting.
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By-Law 21 Expenses
of Representatives
Section [1]
Any member of the Local incurring travelling and living
expenses while engaged in approved business of the Local
shall be reimbursed for such expenses.
Section [2]
Any member of the Local required to take leave without pay
for the purpose of carrying on approved business of the
Local shall be reimbursed for such loss of pay.
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By-Law 22 General
Provisions
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.
Section [2]
[a] The rules of
procedure at all meetings of the Local except as
specifically provided by the by-laws shall be according to
Bourinot’s Procedure. It should be borne in mind that
such rules are for guidance only should not be enforced to
the point where they will tend to embarrass the members in
the presentation of ideas.
[b]
The Chairperson of a General meeting shall have the right to
restrict members to five minutes speaking time.
Section [3]
[a] Union where
used in these by-laws shall be construed to mean the Union
of Taxation Employees – PSAC unless specifically indicated
otherwise.
[b]
District Office shall be construed to mean Vancouver Tax
Services office and the Department shall be referred to
Canada Revenue Agency.
[c]
In these by-laws wherever the context indicates masculine it
shall be deemed to include feminine and singular shall be
deemed plural.
[d]
The Constitution shall be construed to mean the Constitution
of the Public Service Alliance of Canada, unless
specifically indicated otherwise.
Section [4]
The rules of procedure at all meetings of the Local except
as specifically provided by the by-laws shall be according
to the rules of order for PSAC meetings adopted by the Board
of Directors of the Alliance on January 24, 1975 with
subsequent amendments.
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Regulations
Regulation [1] Standing
Committee
[a] There shall be
3 standing committees known as the Grievance Committee, the
Bylaw Committee and the Work Force Adjustment Committee.
[b] The
Chairperson of the Grievance Committee shall be the First
Vice President.
[c] The committees
shall be composed of the chairperson and 3 committee
members.
[d]
All committee members shall be entitled
to one vote each.
[e] Committee
members of the Grievance Committee shall be recommended for
appointment by the First Vice President.
[f] The Executive
Committee shall appoint members to the Grievance Committee
after considering the recommendation of the First Vice
President.
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Regulation [2]
Other Committees
[a] The Executive
Committee may establish other committees, as they deem
necessary.
[b] The Executive
Committee may appoint a chairperson and members to other
committees, as they deem necessary.
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Regulation [3]
Shop Stewards
[a] Shop Steward term of
office will be for one year or shortened at the discretion
of the Executive Committee.
[b] Shop Stewards
shall report consistently any and all member issues to the
Grievance Committee.
[c] Shop Stewards
can only hear grievances at the first level or at the
discretion of the Grievance committee.
[d] All grievance files
must be kept in a standard format established by the
Grievance Committee.
[e] All grievances
must be kept in a central location as instructed by the
Grievance Committee.
[f] Shop Stewards
must keep all membership information strictly confidential.
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Regulation [4]
Discipline
Prior to
taking action as provided by Section 3 of the by-law 10, the
President upon recommendation of the Executive Committee
shall:
[a] advise the
member or Local officer in writing prior to the vote that it
has been found that they have contravened provisions of
Local by-laws or the Constitution or for cause listed in
Section 4 of by-law 10;
[b] allow the
member or Local officer time to make representation to the
members at the general meeting where a vote to levy a fine
will be taken;
[c]
notwithstanding any other regulation, regulation 19 of the
Public Service Alliance of Canada shall be followed.
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