Local 1065 - Joseph Brant Memorial Hospital

CUPE LOCAL 1065 Bylaws

[Aug 24, 2008 10:48 AM]

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CANADIAN UNION OF PUBLIC EMPLOYEES

LOCAL 1065
BY‑LAWS

 

 

 

October 2007

 

Article 1  Canadian Union of Public Employees

The name of this organization shall be "The Canadian Union of Public Employees Local 1065, Joseph Brant Memorial Hospital Union".  Units incorporated into the total membership are:  J.B.M.H. and ARAMARK.

Article 2  Principles and Objectives

The object of this Local Union shall be to promote the well‑being of its members, to promote unity of interest between various departments of J.B.M.H. and ARAMARK employees with the object of improving conditions generally and maintaining union unity. To fulfill the goal set out in Article II of the CUPE constitution. 

Article 3  Membership

Any person employed in any department within the J.B.M.H. and ARAMARK over which this Local Union has jurisdiction shall be eligible for membership, subject to the approval of a Regular Membership Meeting.  Upon being initiated, the new member shall be issued a membership card.

Article 4  Membership Meeting

Meetings shall be held on the fourth Tuesday of each month at 1930 hours.  When necessary the Executive can change the date of the regular membership meeting. A quorum for the transaction of business at any regular or special meeting shall consist of at least ten (10) members in good standing, including at least five (5) executive members.  The meeting notice must be posted at least one week in advance for any change  in the date of the General Membership Meeting.

Article 5  Executive Meeting

The Executive Board shall be comprised of the President, Vice President, Recording Secretary, Treasurer, two Executive Members at Large, one ARAMARK Executive Member at Large, and a Health and Safety Officer one each from JBMH and ARAMARK.  Any five of these will constitute a quorum for the purpose of Executive Board Meetings.  The Executive Board shall meet on the third Tuesday of each month at a time agreed to by the Executive Board.

Article 6  Special and Emergency Meetings 

 

Emergency meetings may be called at any time by the Executive Board or by petition signed by 25 members.  Reason for calling the meeting must be stated in writing and the members to be notified.  Notice shall be posted.  Emergency meetings may be called at any time.  No business shall be transacted at the special meeting other than that for which the meeting called and notice given.  The President and Recording Secretary must be in attendance at all Emergency and Special Meetings.  CUPE Staff Representatives may also be in attendance.

Article 7  Officers

The Officers of the Local will be the President, Vice‑President, Recording Secretary, Treasurer, Safety Officers, three Executive Members at Large and three Trustees, all of whom shall be elected by the membership at the bi‑annual elections, except the Trustees, who shall be elected according to Article 15 of the by‑laws.  All officers except Trustees have voting rights at Executive Meetings.

Article 8  President

The President shall be an employee of J.B.M.H. or ARAMARK.  The duties of the president shall be to:

1)      Open and preside over all General and Special Membership Meetings at the specified time, preserve orderly conduct at the meetings, announce the result of all votes (except in the case of General Elections)  and decide all questions of order, subject to an appeal by a member at the meeting.  The President shall not vote on such an appeal.

2)       Call Special Meetings when requested by the Executive Board or by petition of members in writing as outlined in Article 6.

3)       Act as ex-officio member of all committees with voice and vote at all such committee meetings.

4)       Interpret these by‑laws and the Presidents interpretation shall be conclusive and in full force and effect, unless reversed or changed through process of appeal by either the Executive Board, the General Membership or the Canadian Union of Public Employees.

5)       Enforce the by‑laws and the CUPE Constitution

 

6)       Be a signing officer of the local and be properly bonded.

 

7)       Have first choice as delegate at conventions and council meetings of all Labour Organizations with which the Local is affiliated.

 

8)       Be a member and Chairperson of the Negotiating Committee.

 

9)       Transact such other business as may by rights pertain to the office of the President.

 

10)   The President of the local will be provided 15 hours per month leave of absence from work to perform business of the local.  Additional days, as required, will be scheduled as per the by-laws of the local.

 

Article 9  Vice-President

The Vice-President must be an employee of J.B.M.H. or ARAMARK.  The duties of the Vice-President shall be to:

1)       In the absence of the President to preside and perform the duties pertaining to the office of the President.

 

2)       Render assistance to the President when required to do so.

 

3)       In the event of the office of the President becoming vacant, act as President until the Local elects a new President to fill the vacancy for the balance of the term of office.

 

4)       Chair all meeting of the Executive Board.

 

5)       Be a signing officer of the Local and be properly bonded.

 

6)       Initiate all committee meetings.

 

7)       Be a member and Chairperson of the Grievance Committee.

 

8)       Transact such other business as may by right pertain to the office of the Vice‑President

 

Article 10 Recording Secretary

The Recording Secretary shall be an employee of J.B.M.H. or ARAMARK.The duties of the Recording Secretary shall be to:

1)      Keep full, accurate and impartial accounts of the proceedings of all General, Special and Executive Meetings and record all motions with the names of the movers and seconders.

 

2)      Record all alterations in the bylaws by motion or amendment

 

3)       Maintain attendance records at all meetings.

 

4)       Answer all correspondence directed by the Executive.

 

5)       File all incoming and outgoing correspondence and arrange the filing cabinet in such a manner that specific information can be easily found by the entire Executive Board members.

 

6)      Prepare and report all correspondence to the Executive Board Meeting and the General Membership Meeting. 

 

7)       Keep all books and papers ready at all times for perusal and inspection having been given reasonable notice.

 

8)       Fulfil other secretarial duties as the office requires.

 

Article 11 Treasurer

The Treasurer shall be an employee of J.B.M.H. or ARAMARK.The duties of the Treasurer shall be to:

1)       Receive all revenue, initiation fees, dues and assessments turned over to the Treasurer by J.B.M.H. and ARAMARK.

 

2)       Arrange for deposit of all monies received by the Treasurer in the name of the Union, in a bank, credit union or trust company selected by the Local.

 

3)       Pay no monies except on authorized expenditures duly signed by the President and Treasurer or the Vice- President and Treasurer.

 

4)       Prepare all documents necessary for payment of per capita taxes to affiliates.

 

5)       Ensure that all transactions are recorded in a manner acceptable to the Executive Board and ensure that all such records are open for inspection by the Trustees, on reasonable notice.

 

6)      Supply detail monthly financial statements in writing at the executive and the general membership meetings, copies of which will be available to distribute upon request. 

 

7)      Given reasonable notice.

 

8)       Be a signing officer of the Local and be properly bonded.

 

9)      Conform with all other duties not herein described as stipulated in the Constitution of the Canadian Union of Public Employees, Appendix B, Subsections 3.4, 3.5, 3.6, 3.7, 3.8, 3.9.

 

10)   The Treasurer will be a signing officer of all committees with designated funds.

 

Article 12 Safety

Two Safety Officers, one shall be an employee of J.B.M.H. and one an employee of ARAMARK.  Duties of the Safety Officer are as follows:

1)       Investigate in the best interest of all Union members all suspected hazards or unsafe conditions at J.B.M.H.

 

2)       Make monthly reports to the Executive Board and Membership Meetings.

 

3)      To sit on Hospital Safety Committee.

 

4)      Shall vote as an Executive Member.

 

Article 13 Sergeant-at-Arms

The Sergeant-at-Arms may be appointed by the Executive Board for each Membership Meeting.  The Sergeant-at-Arms shall assist the Secretary at each Membership Meeting in the signing of books of all members in attendance and in attesting the eligibility of members to qualify for nomination under Article 20.

Article 14 ARAMARK Executive Member

The duties of the ARAMARK Executive Member shall be to:

1)      Co-ordinate activities between ARAMARK and the main body of Local 1065.

 

2)      Act as liaison between ARAMARK membership and the Executive Board.

 

3)       Act as Executive Officer for ARAMARK on the Executive Board for Local 1065.

 

4)      Preside over all regular and/or special committee meetings of ARAMARK.

 

5)       Receive correspondence of ARAMARK and be responsible for forwarding copies of correspondence received and sent out by the ARAMARK to the Executive Board of the Local

 

Article 15 Trustees

The Trustees shall be employees of J.B.M.H. or ARAMARK.  The Trustees shall:

1)       Act as an auditing committee on behalf of the members and audit the books and accounts of the Treasurer, and the Standing Committees quarterly submit in writing to the President and Treasurer any recommendations and/or concerns they feel should be reviewed in order to ensure that the Local Union's funds, records, and accounts are being maintained by the Treasurer in an organized, correct and proper manner; send a copy of the completed audit report (on the prescribed form provided by the National Secretary-Treasurer), as well as a copy of their report to the Local Union membership along with a copy of their recommendations and/or concerns to the President and Treasurer and the Treasurer's response, to the National Secretary-Treasurer of the Canadian Union of Public Employees, with a copy to the assigned servicing representative;

2)      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 make a written report of their findings to the first membership meeting following the completion of each audit;

 

3)      be responsible to ensure that monies are not paid out without proper  constitutional or membership authorization; the chairperson of the trustees will make all reports in writing at the next General monthly membership meeting following the completion of each audit, ensure that proper financial reports are made to the membership;

 

4)      copies of each quarterly audit by the Trustees shall be made available to members attending the next Executive or Membership Meetings.  One of these copies shall be sent to the National Secretary-Treasurer of the Canadian Union of Public Employees.

 

5)      The Trustees shall meet quarterly. Their election and terms of office shall be as follows:
Trustees are to be elected so that one Trustee serves for three years, one serves for two years and one serves for one year.  Each year a Trustee shall be elected for a three year term.  The three Trustees shall elect their own Chairperson at the first Trustees Meeting.

 

Article 16 Executive Board

The duties of the Executive Board shall be:

1)      To consider all correspondence between Membership Meetings of the Local.

 

2)      To have the authority to act on behalf of the Local in cases of urgency.

 

3)      To take into consideration all matters pertaining to the general policy of the Local.

 

4)      To provide a suitable hall for holding meetings.

 

5)      To have a supervision of all funds and properties of the Local, subject to such instructions as they may receive from time to time from the General Membership.

 

6)      In the event that there is no Membership Meeting and on matters where there is a time limit and/or a case of urgency  before the next regular Membership Meeting the Executive Board will have the authority to act on behalf of the Local.  At the next regular Membership Meeting these decisions shall be announced together with an explanation for these decisions.

 

7)      The Executive Board shall meet once every month on the Tuesday prior to the General Membership meeting of the Local.  Special meetings may be called when necessary

8)      In the case of a vacancy occurring in the Executive Board, at the next General Membership meeting, nominations for the election to the vacancy will be accepted and an election held at the following General Membership meeting.

9)      Should any Officer fail to answer the roll call without prior notification for three consecutive General Membership or Executive Board meetings, the office shall be declared vacant by the Executive Board.

 

Article 17 Health and Welfare

 

Stewards shall report to the Chief Steward:

1)      The name and address of a member who is hospitalized overnight so that flowers and/or cards may be sent. 

2)      The same will apply to a death according to the Collective Agreement 

3)      The same will apply to retiring members for a gift (not withstanding Article 27.5).

Article 18 Committees

All Committees shall make their reports in writing to the Executive Board and a copy of these reports will be made available to the Recording Secretary.  All Committee reports and recommendations shall be subject to rejection, amendment or deletion by the Executive Board and the resultant recommendation shall be made by the Executive Board to the General  Membership Meeting. In the event a Committees recommendations are rejected by the Executive Board, the Board, in making its recommendations must advise the membership of such rejection.

18.1 Negotiating Committee

The Negotiating Committees proposals are not subject to amendment, rejection or deletion by the Executive Board, and their proposals must be presented in their entirety to the membership.  The General Membership has the right to accept, amend or reject the proposals.  As soon as Central Proposals are made available results will be clearly explained to the membership.

The Negotiating Committee shall consist of five members, one of whom shall be the President.  The other four members are to be elected from J.B.M.H. and must be elected by J.B.M.H. members.  There shall be no more than one representative on the Negotiating Committee from any job classification, as outlined in the Collective Agreement.  The CUPE Representative will be a non-voting member of that Committee.

The negotiating Committee for ARAMARK shall consist of three members, one of which will be the President of the Local, one shall be the ARAMARK Executive member and the remaining one member to be elected from ARAMARK by ARAMARK members.  The CUPE Representative will be a non-voting member of that Committee.

Election of members of the Negotiating Committee will be by the General Membership at a General Membership Meeting, following procedures outlined in Article 22.  A new Negotiating Committee shall be elected in the eighth month prior to the expiration of the Collective Agreement in force at the time.  The CUPE Representative will be a non-voting member of that Committee.

Election of members to the Negotiating Committee will be by the General Membership at a General Membership Meeting, following ratification of a Collective Agreement.

18.2 Union Grievance Committee

 

Shall consist of four members, one of whom shall be the Vice-President, J.B.M.H. Chief Steward and two to be elected on a rotating basis, determined by the Steward Council as per Article 19.

18.3 Budget Committee

 

Shall consist of three Executive Board members, the President and the Treasurer, and shall be dissolved on approval of the budget by the membership.  The budget shall be submitted for membership approval before April of each year.  The Budget Committees responsibility shall be to 18.3 Budget Committee continued draw up the budget based upon the anticipated income of the Local Union, as well as anticipated expenditure. 

18.4 By-Laws Committee

 

Shall consist of the Vice-President, Recording Secretary and three other members elected from the membership.  The By-Law Committee shall be required to meet at least once per year  to discuss, review or revise the By-Laws.

 

18.5 Education Committee

 

Shall consist of three members, two to be elected from within the Executive Board and the remaining one to be elected from the membership.  It is understood that all members elected to committees from within the Executive are subject to the approval by the membership.

 

18.6 Other Committees

 

Committees not otherwise mentioned shall consist of at least three members, subject to Executive recommendations and membership approval.  At least one member on any committee shall be a member of the Executive Board.  Nominations and elections of committees will be held in September after elections for the Executive Office.

 

Article 19 Stewards Council

Shall consist of all Stewards as elected.  There shall be a Chief Steward.  The Chief Steward shall be elected by the Stewards Council.  Stewards shall be elected by the members of the department or area where they work. 

Steward duties are:

1)      Defining, detecting, preparing and presenting grievances at the initial level. 

 

2)      To know the Collective Agreement and provincial and federal legislation affecting labour and a particular job.

 

3)      Providing communications and information from the members in the unit to the Executive and vice versa, including distribution of union literature and union newspapers.

 

4)      Greeting and encouraging the participation of all members of the unit in union activities.

 

5)       Maintaining daily contact with the members to provide ongoing union awareness and education.

 

6)      Also as outlined in Article 17.

 

Chief Stewards duties are in addition to regular Stewards duties:

1)      Process grievances from Step 2.

 

2)       Assist the Stewards in carrying out their duties.

 

3)       Also as outlined in Article 17.

 

There shall be a Chairperson, Vice-Chairperson and Secretary of the Stewards Council, elected bi-annually in September by the Stewards Council.  Any Steward who is absent without prior notification for three consecutive Stewards Council or membership meetings shall be removed from their position as Steward.

Article 20 Initiation Fees and Dues

 

The initiation fee shall be $1.00.  Union dues will be the equivalent of 0.65% over CUPE National dues.  Current dues as of March 2002 are 1.5% of basic rate, per member, per year paid bi-weekly. Any increase by CUPE National will automatically be followed by Local 1065.

No assessment of any kind may be made by Local 1065 except as voted by a majority of 2/3 of the membership present at a meeting of which all members have been notified one month in advance and subject to the approval of the President of the Canadian Union of Public Employees in advance of being levied.  All such votes will be by secret ballot.

Article 21 Nominations for Election to Office

Nominations shall be held at the regular membership meeting in April for all Executive Elected Offices.  All those eligible for nominations must meet the requirements as set out in “Article 26 Eligibility for Nomination to Executive Office or Convention Delegates”.

No nominee shall be accepted unless the member is in attendance at the nominating meeting or has allowed to be filed at such meeting his/her consent in writing which has been duly witnessed by another member in good standing.  No member may stand for election in more than one office.

Notice of candidates standing for election to office shall be posted within seven days following the April membership meeting.  Any nominee wishing to withdraw from the election following the membership meeting may do so in writing and submit the written withdrawal to the recording secretary. 

Article 22 Elections

Elections shall be held every two years in May, one month after the nomination meeting.  There will be a shift workers vote held in the union office during the day of the regular membership meeting from 8:00am to 5:00pm.  Elections will be completed that night at the regular membership meeting.

For election of the negotiating committee a shift workers vote will not be taken. 

The Executive Board shall appoint a Chairperson to conduct the elections for the purpose of conducting the two year election, tellers shall be appointed.  They shall be members in good standing and not candidates for office.  The teller shall be appointed at the April membership meeting and shall be responsible for all procedures of balloting under direction of the Chairperson of Elections. 

The method of election shall be by secret ballot.  Ballots will be available with ballots marked for each elected office and will be handed out during the shift workers vote and regular membership meeting on a basis of one ballot per member, per office.  There shall be no vote by proxy.  All names of those nominated for election to office will be in clear view for the benefit for those voting.

The shift workers vote will be presided over by the two appointed tellers.  Before the voting starts, the ballot boxes will be opened and inspected by the two presiding and then locked.  The tellers will be responsible for bringing the ballot boxes and the extra ballot books from shift workers vote to the membership meeting and will keep the key to the ballot box in his possession until it is handed over to the Chairperson of elections at the membership meeting.  At the close of the shift workers vote both ballot boxes will be sealed and the two presiding shall initial them both.

Ballots from the morning meeting will be counted along with the evening ballots by the tellers appointed.  Immediately following the close of voting, the tellers will proceed to count the ballots and upon completion the Chairperson of Elections will notify the members that he/she is ready to report and the report will be made immediately.  When two or more nominees are to be elected to any office by ballot, each member voting shall be required to vote for the full number of candidates to be elected or the members ballot shall be declared spoiled.  Any candidate may appeal for a recount of any or all elections, provided however, that in either instance the majority of the members present at the meeting shall vote in favour of such recount.  Such recount is to be taken immediately.  A simple majority of ballots cast shall be required before any candidate can be declared elected.  In a case of a tie a new election shall be held.  That election shall take place at the May membership meeting and will exclude the shift workers vote.

Article 23 Installation of Officers

All duly elected officers shall be installed at the May General Membership Meeting and shall continue in office for two years or until such time as a successor has been elected and installed.  Members elected onto committees will remain on the committee for two years, excluding the Negotiating Committee.

23.1 Termination of Office

On termination of office, surrender all books, seals and other properties of Local 1065.

1)      A turnover meeting will be held within one week to discuss arrangements at the union office

2)      Retrieval of properties will take place within 30 days

3)      Any expense incurred will be the responsibility of the local

Article 24 Agenda and Order of Business

1)       Opening

 

2)      Roll call of Officers and Stewards by the Recording Secretary

 

3)      Applications for membership.

 

4)      Voting on applications for membership and initiation.

 

5)      Reading of the minutes of the previous meeting.

 

6)      Business arising.

 

7)      Treasurer report.

 

8)      Correspondence and Executive recommendations.

 

9)      Reports of Officers, Delegates and Committees.

 

10)   Nominations, elections and installations.

 

11)    Unfinished business.

 

12)   New business.

 

13)   Good and welfare.

 

14)   Adjournment.

 


Article 25 Amendments and Alterations

 

These By-Laws shall not be altered , suspended or amended unless upon written notice of motion given at least one meeting prior to any regular meeting, and them only by 2/3 vote of the members present.  All By-Law amendments must be approved by the National President of CUPE. 

Article 26 Eligibility for Nomination to Executive Office or Convention Delegate

Concerning all elected positions to Office and Conventions, all those eligible for nomination shall have been members in good standing for at least twelve months.  All nominees must have attended five membership meeting within twelve months of nominations to be eligible to run.  Acceptable proof of attendance will be either the attendance book signed upon entering the meeting or the Recording Secretary’s attendance record, or on shift working.  Concerning conventions, delegates will be recommended by the Executive Board, subject to the approval of the membership.  The membership has the right to accept, amend or reject the Executive Boards recommendation.  The President in office at the time of conventions will automatically be a delegate to those conventions and the other unit affiliates delegates will be nominated and elected by the membership.  Concerning seminars and schools, all delegates will be recommended by the Education Committee, subject to the approval of the membership.   Any member seeking re-election at any convention, on recommendation of Executive Board, will be deemed to be a voting delegate at said convention. 

Article 27 Rules Governing Financial Operations

 

 

27.1 Honoraria

The following elected positions receive honoraria.  Honoraria are meant to be token recognition of the services of these officers and these allowances are to compensate them in part for their time and personal resources spent in the service of the Local.  However, honoraria should not be regarded as a form of salary.  No one shall receive more than one honoraria.

President--.............................. $ 1260.00 per year

Vice-President......................... $ 888.00 per year

Treasurer................................. $ 888.00 per year

Recording Secretary................. $ 888.00 per year

Executive at Large (4)............... $ 164.00 per year

Chief Steward.......................... $ 115.00 per year

27.1-A

Honoraria will be paid twice yearly.


27.2 Wages

Any person needing a Leave of Absence from work to attend authorized union functions shall be paid full lost wages, benefits and expenses (as outlined in 27.4).  Any person attending authorized union functions on their day off shall be given paid union days off in lieu. 

27.3 Meeting Money

Persons attending committee meetings shall be paid a $5.00 meeting expense.  No person shall be paid a second $5.00 in a calendar day unless the second committee meeting is held at a different location and at least three hours after the commencement of the first meeting.  No person attending committee meetings on hospital time at the hospital in which they work shall be paid the $5.00 expense. 

27.4 Expenses

1)      For in city functions which includes anything within a 20 mile/32 km radius originating from Joseph Brant Memorial Hospital expenses will be paid as follows:

a)      $20.00 allowance for meals

b)      Mileage will be paid as per current rate either from your home or Joseph Brant Memorial Hospital whichever is closest to the function.  If car-pooling occurs, the designated driver will be the only person receiving mileage.

2)      For overnight and out of city union functions, expenses will be paid as follows:

Out of city union functions will include anything beyond the 20 mile/32 km radius originating from Joseph Brant Memorial Hospital.

a)      $60.00 per day to cover meals:

 ............................................. $10.00 Breakfast

.............................................. $20.00 Lunch

............................................... $30.00 Dinner

For overnight and out of city functions and when accommodations are not at the same location as the event $20.00 per day to cover incidentals shall apply.

In the case of an all-inclusive deal, the meal allowance will not apply but the $20.00 per day to cover incidentals shall apply.

 

Transportation

From home to means of transportation (i.e. air carrier, train depot or bus depot) to accommodation and return to home via same means.

Transportation will be most reasonable and economical means possible with executive approval.

Mileage will be paid, as per current rate, either from your home or Joseph Brant Memorial Hospital whichever is closest to the function

 

 

27.5 Donations

Donations for the purpose of bereavement or hospital sickness shall not exceed $50.00 unless by proper authorization by the General Membership.  Donations for the purpose of hospital sickness shall not exceed twice yearly.  Retirement gift shall be $100.00.

Canadian Union of Public Employees

 

Local 1065 By-Laws

 

 

 

Original January 1987

 

Revised April 2001

 

Revised March 2002

 

Revised March 2003

 

Revised March 2004

 

Revised July 2004

 

Revised November 2004

 

Revised May 2005

 

Revised July 2005

 

Revised October 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3)      Transportation: