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UNDE Bylaws 2011

Last Revision: 2011 - PDF

BYLAW 1
Name of Organization and Location of National Office

Article 1. This organization shall be known as the UNION OF NATIONAL DEFENCE EMPLOYEES, a component of the Public Service Alliance of Canada, and shall be referred to hereinafter as the Union.

Article 2. The Union shall have its National Office in the National Capital Region, Canada. The Union may establish regional offices as deemed necessary.

BYLAW 2
Aims and Objectives

Article 1. To obtain for all its members the best standards of compensation and other conditions of employment, and to protect the rights and interests of all its members.

BYLAW 3
Membership

Article 1. Regular Membership

  1. All workers assigned to the Union of National Defence Employees by the Public Service Alliance of Canada shall be eligible to apply for membership in the Union.
  2. All members of the Union shall be considered members in good standing as defined in the Constitution of the Public Service Alliance of Canada.

Article 2. Honorary Membership. Through application by a Local to the National Executive, a member who has retired may be granted Honorary Membership for outstanding service to the Union. Honorary members shall not be required to pay dues and shall not be entitled to voice or vote at meetings or to hold office in the Union or Local, but shall be entitled to all other rights and privileges of membership in this Union.

The Union may, by decision of the National Executive or by decision of a Triennial National Convention, elect to Honorary Membership in the Union anyone who is deemed to merit such honour and is not eligible for regular membership. (0302-01)

Article 3. Life Membership. A Life Membership may be awarded by the Union, through the National Executive, to any member or former member who has performed exemplary services for the member¬ship through personal and devoted efforts in the affairs of the Union. Such membership shall be awarded in accordance with Regulations to these Bylaws. (0303-01, 0303-02, 0303-03, 0303 04, 0303-05, 0303-06, 0303-07, 0303-08, 0303-09, 0303-10, 0303-11)

Article 4. Life Memberships and Honorary Memberships as conferred and recognized by the Na¬tional Defence Employees' Association and the Civil Service Association of Canada shall be recognized by the Union.

Article 5. With the exception of those memberships provided by Articles 2, 3 and 4, all members shall be required to pay dues as provided by Bylaw 5. Those persons, who through memberships provided by Articles 2, 3, and 4, and who are deriving benefits through such membership, shall be required to pay dues as prescribed by these Bylaws.

Article 6. With exception of those memberships provided by Articles 2, 3 and 4, all members shall be issued membership cards.

BYLAW 4
Membership Responsibility

Article 1. Every individual member of the Union is deemed to agree to abide by and to be bound by the provisions of these Bylaws and the applicable Local bylaws, upon applying for membership in the Union or continuing membership in the Union.

Article 2. Every member in good standing shall be entitled to membership rights in accordance with the Constitution of the Public Service Alliance of Canada.

BYLAW 5
Membership Dues

Article 1. The membership dues which shall be levied by the Union upon each and every member and retained by the Union out of the dues collected each month shall be:

  1. The monthly equivalent of the amount set by the Triennial National Convention to be paid to the Union; plus
  2. Where applicable, the monthly equivalent of the amount set by the Constitution of the Public Service Alliance of Canada.
  3. Any Local may provide for a Local dues rebate and subsequently increase such Local rebate on the authority of a two-thirds (2/3) majority vote of the membership attending a duly-called meeting of the Local; plus
  4. The monthly equivalent of the amount for affiliation to any other group.

Article 2. The Local will notify the National Office and have the Local rebate deducted and collected by the Union in the manner prescribed in this Bylaw. The new Local rebate shall be sent by the Union to the Local concerned, within two (2) months of the date of notification being received in the National Office, subject to Bylaw 12, Article 11.

Article 3. Local Dues

"Duly called meeting of the Local" shall mean:

  1. The notice calling the meeting shall state specifically that the matter of the dues will be a subject of discussion and decision by a two-thirds (2/3) majority of members attending;
  2. The notice shall be dated and signed by the President of the Local.
  3. A copy of the notice shall be:
    1. mailed to the Vice President of the Region, who will be responsible for onward submission to the National President.
    2. posted or circulated at least fourteen (14) calendar days prior to the date of the meeting in such a manner that members will be made aware of the meeting.

Article 4. Dues increases shall only be authorized when all procedures in this Bylaw have been adhered to.

Article 5. Where payroll deductions have been authorized by and paid on behalf of a member, the per capita rebate on behalf of such member shall be due and payable to the Local concerned.

Article 6. Where payroll deductions have not been authorized by non certified members, the per capita dues on behalf of such members shall be due and payable to the National Office by the Locals concerned.

BYLAW 6
National Executive

Article 1.

  1. The National Executive shall be composed of the National President; an Executive Vice-President; a Vice President for Newfoundland, Labrador and New Brunswick; a Vice President for Nova Scotia; a Vice President for Quebec; a Vice President for the National Capital Region; a Vice-President for Ontario; a Vice President for Manitoba and Saskatchewan; a Vice President for Alberta and the North; a Vice-President for British Columbia; a Vice President for the Communications Security Establishment; and, a Vice President for Non-Public Funds (NPF).
  2. The National President of the Union shall be a full-time paid position, and must agree to reside in the National Capital Region.
    1. the annual salary shall commence the first day following the end of the Convention at which elected.
    2. employee working conditions and benefits, excluding compensatory time and overtime, shall be those provided to a senior staff officer of the Union and will commence from the above dates as well, except where there is a waiting period required in the staff benefit plans.
    3. the Union of National Defence Employees will continue to pay the Employer's share of the National President's PSSA and Supplementary Death Benefits, as assessed by the Employer from time to time.
    4. the relocation expenses of the National President shall be as established by the Public Service Alliance of Canada Regulation No. 16 Regulation governing the relocation of full time elected officers of the Alliance Centre.
    5. the National President shall carry over into the full-time position any sick leave credits and vacation related service for purposes of establishing a database for internal administration.
      1. any National President in a second or more elected term as National President shall be paid at the maximum of an EX-2, and a National President in a first term as an elected National President shall be paid at the minimum of an EX-2 for the first twelve (12) months, at the mid-point of an EX-2 for the next twelve (12) months and then at the maximum of an EX-2 for the remainder of the term as National President, all of which are modified from time to time, and shall receive this salary, in the event of defeat, or not to seek office at a convention, for one (1) month beyond the close of that Convention.
      2. in the event of a resignation by the National President for any reason, the office shall be extended for one (1) month beyond the date of resignation and the Executive Vice-President shall be brought in one (1) month prior to termination and be paid at a rate of pay equivalent to an EX-2 minimum for the first twelve (12) months, at the mid-point of an EX 2 for the next twelve (12) months and then at the maximum of an EX 2 for the remainder of the term as interim National President.
      3. in the event that the past Executive Vice-President retain office of National President at the next Convention, the commencing salary shall be determined by Bylaw 6, Article 1 (b) (vi) (a) with the duration of term as interim National President taken into consideration when determining starting salary.
  3. The Executive Vice-President of the Union shall be a full-time paid position, and must agree to reside in the National Capital Region.
    1. the annual salary shall be determined by the delegates at the Triennial National Convention.
    2. employee working conditions and benefits, excluding compensatory time, overtime and hours of work, shall be those provided to a senior staff officer of the Union.
  4. A Human Rights Advisor, elected by the Triennial National Convention from among voting delegates within the Human Rights groups as defined in the Constitution of the Public Service Alliance of Canada, shall be an ex-officio member of the National Executive with voice, but no vote.

Article 2.

  1. The National President and the Executive Vice-President shall be nominated and elected at each regular Triennial National Convention of the Union by the voting delegates attending such Convention.
  2. If the office of National President becomes vacant for any reason, the Executive Vice President shall automatically assume the office.
  3. The National Executive will elect an alternate to the Executive Vice-President immediately following adjournment of the Triennial National Convention.

Article 3. All members of the National Executive shall hold regular membership in the Union.

Article 4. A quorum of the National Executive shall be the National President and/or the Executive Vice President, and any seven (7) of the Vice-Presidents of the Regions.

Article 5.

  1. The National Executive shall hold at least two meetings per year. The meetings are to be held in conjunction with the Public Service Alliance of Canada or Canadian Labour Congress whenever possible. The spring meeting is intended to be of a duration of three (3) days and the fall meeting is intended to be of a duration of five (5) days, at such time and place as the National President shall direct or at any other time if requested by seven (7) or more members of the National Executive. The minutes of all such meetings shall be distributed to all the Union’s Locals.
  2. In convention years of the Union or of the Public Service Alliance of Canada, a National Executive meeting shall be convened before the opening date and time of such Convention and shall be adjourned following the closing date and time of such Convention.
    1. one (1) National Officer shall represent the Union at Canadian Labour Congress Conventions. Six (6) months prior to a Canadian Labour Convention, the National Executive shall select a delegate and an alternate from among the National Officers.
    2. upon recommendation from the National President, or from seven (7) members of the National Executive, all members of the National Executive shall attend the Canadian Labour Congress Convention should the situation warrant it.
  4. Simultaneous translation and appropriate accommodations to address disabilities shall be provided as required for all National Executive meetings and any other meeting deemed necessary.

Article 6. Matters affecting the policies, aims and means of accomplishing the purpose of the Union, not specifically provided for in these Bylaws or by Convention decision, shall be vested in and disposed of by the National Executive.

Article 7. All actions by the National Executive on behalf of this Union shall be subject to review at Triennial National Conventions. Between Conventions, it shall be the responsibility of the Vice Presidents of the Regions to explain and justify the decisions of the National Executive to their Locals.

Article 8. The National Executive shall be considered as being in session through¬out the period of the Triennial National Convention.

Article 9. The National Executive shall ensure that the Convention Finance Committee submits a year to year budget for the ensuing three year period for approval to each Triennial National Convention. (0609 01, 0609-02, 0609 03)

Article 10. The National Executive shall have the authority to establish any committee necessary for the conduct of the affairs of the Union and shall ensure that terms of reference are established and maintained.

Article 11. The National Executive shall have the power to obtain loans and arrange financial transactions in the name of the Union when required. All such financial decisions shall require a two-thirds (2/3) majority recorded vote. (0611-01)

Article 12.

  1. The National Executive shall review the need and quality of the service provided by the National Office of the Union to the Locals and shall recommend to the National President ways and means to improve such services. (0612-01)
  2. The National Executive shall be responsible to negotiate collective agreements with the Union's staff.

Article 13.

  1. Any member of the National Executive may be removed from office for cause, providing that the procedure in Regulation 1303-06 has been followed.
  2. A member of the National Executive that is removed from office shall immediately be replaced by the designated alternate.

Article 14.

  1. A National Executive officer shall cease to hold office in the Union on the day immediately following the last working day with the Department, notwithstanding that the National Officer may be eligible for a period of annual and/or retiring leave subsequent to the last working day.
  2. The Deputy of any such Executive officer shall immediately replace the Executive officer on the National Executive.

Article 15. The National Executive shall be responsible for the appointed staff positions where funds have been approved by the Triennial National Convention in the budget. Future employees will have two (2) years to learn a working level of second language. Where the successful candidate is not a member, language training will be at the candidate’s own cost. (0615 01)

Article 16.

  1. All decisions of the National Executive, unless clearly stated in these Bylaws, shall require only a simple majority. All votes at National Executive meetings are to be re¬corded, showing how each individual member voted on any motion or recommendation.
  2. The Chairperson of the National Executive may vote only in the case of a tie.

BYLAW 7
Form of Organization

Article 1. The Union shall be composed of groups of members hereinafter referred to as Locals.

Article 2. A Local shall be composed of a minimum of twenty (20) members. (0702-01, 0702 02)

Article 3. Each Local Executive shall consist of not less than three (3) officers who shall be a President, a Vice-President and a Secretary-Treasurer to conduct its affairs. For the purpose of efficiency and ease of operation, a Local may divide the responsibilities of the office of Secretary-Treasurer among two or more of the following: Secretary, Recording Secretary, Corresponding Secretary and Treasurer and the election procedure set forth in these Bylaws shall apply.

Article 4. Each Local shall adopt Local bylaws for the conduct of its affairs and such bylaws shall adhere to the provisions of the Union’s Bylaws. All Vice-Presidents of the Regions shall receive copies of their locals’ bylaws and amendments within thirty (30) days of adoption. The Vice-Presidents of the Regions shall review and recommend approval to the National President or recommend changes to the Local in order to be in compliance with the Union’s Bylaws.

Article 5. The elected officers of each Local shall hold, as a minimum, regular quarterly Executive meetings for the proper conduct of the Local's affairs.

Article 6. Each Local shall hold a minimum of one (1) general membership meeting per year during the last quarter (Oct/Nov/Dec) for the purpose of presenting its financial statements, receiving annual reports from its officers, consideration of such business as may be required by its bylaws and the holding of election of officers as required by Local bylaws.

Article 7. Each Local shall ensure that the Union’s Harassment Statement is read at all the Union’s meetings, socials and functions and that at least one (1) intervener is identified. (0707-01)

Article 8. A Local which has not carried out the responsibilities required in Articles 3, 4, 5 or 6 above shall be considered inactive. Upon a written request of the respective Vice-President of the Region, the National Executive by a two-thirds (2/3) majority vote may cause the assets of any Local to be placed in trusteeship. (0708-01)

Article 9. The National Executive shall have the authority to appoint the Vice-President of the Region as the Trustee Officer for a six (6) month period. The Trustee Officer shall be responsible for managing the affairs of the Local until the recommendations of the Exit Committee, as defined in Article 10, are fulfilled. (0709-01, 0709-02, 0709-03, 0709-04, 0709-05, 0709-06, 0709-07, 0709-08, 0709-09, 0709-10)

Article 10. The National President shall establish an Exit Committee comprised of three (3) Vice-Presidents of the Regions. The Exit Committee shall develop recommendations and an exit plan to assist the Local in becoming reactivated. (0710-01, 0710-02, 0710-03, 0710-04, 0710-05, 0710-06, 0710-07)

Article 11. The National Executive shall review the trusteeship on the recommendation of the Trustee Officer and the Exit Committee in order to determine and to vote on a viable exit plan to reactivate the Local. (0711-01, 0711-02)

Article 12. Upon request of the National President, the Vice-President of the Region shall, with a minimum delay, reactivate the Local according to the exit plan approved by the National Executive. (0712-01, 0712-02, 0712 03, 0712-04)

Article 13. If a Local has not been reactivated on completion of the exit plan, the Local shall be considered as being in abeyance for a maximum of one (1) year. (0713-01, 0713-02, 0713-03, 0713-04, 0713-05)

Article 14. If after the periods stipulated in Articles 12 and 13 above, the Local is still not reactivated, the Vice-President of the Region, in consultation with the National President, shall take the necessary steps to amalgamate the Local with another active Local within the Region.

Article 15. The Union has the authority to merge with any labour organization, upon a two-thirds (2/3) majority vote of the National Executive.

BYLAW 8
Duties of Officers

Article 1. The NATIONAL PRESIDENT shall:

  1. Represent this Union on the National Board of Directors of the Public Service Alliance of Canada;
  2. Function as the Chief Executive Officer of the Union; exercise supervision over the affairs of the Union and sign all official documents; at all times uphold the Bylaws of this Union; preside at all meetings and conventions; be an ex officio member of all committees; be chairperson of the National Executive; be chairperson of delegations to any conventions to which this Union may send delegates, and, in general, perform all such duties as are incidental to the office of the President;
  3. Have authority to interpret the Bylaws and that interpre¬tation shall be conclusive and in full force and effect unless reversed or changed by the National Executive;
  4. Be the Chief Financial Officer of the Union and shall:
    1. review and approve all or part of staff and National Executive expenses;
    2. seek National Executive approval for all non-budgeted expenditures and for all investments, pension enhancements and employees' pension fund;
  5. Submit a written report of the activities of the President to the delegates attending the Triennial National Convention.

Article 2. The EXECUTIVE VICE-PRESIDENT shall:

  1. Aid the National President in the Chief Executive Officer’s duties and act on behalf of the National President as required;
  2. Manage national office staff;
  3. Be responsible for services from national office;
  4. Attend all Public Service Alliance of Canada National Board of Directors’ meetings;
  5. Chair the negotiations with staff;
  6. Be responsible for communications and UNDE training materials; and
  7. Coordinate familiarization session for all new National Executive Officers.

Article 3. The VICE PRESIDENTS OF THE REGIONS shall:

  1. Attend meetings of the National Executive and committee meetings of the National Executive when appointed to do so;
  2. File a report of their activities and recommendations during their tenure, to the National President four (4) months prior to the Triennial National Convention;
  3. Be required to submit a written report of their national and regional activities at the regularly called national executive meetings and these reports will be distributed to the locals;
  4. Represent the Union as the Senior Executive officer for their region;
  5. be responsible for the organization of Regional Conferences within their regions;
  6. Have the authority to attend meetings and to examine the records and accounts of any Local within their respective regions;
  7. Be responsible for the education programs in their regions;
  8. Be responsible for all joint programs (LMRC, EAP, Health & Safety);
  9. Perform such duties as may be assigned to them by the National President in their own jurisdictional area.
  10. Be responsible for reviewing bargaining demands and convention resolutions;
  11. Serve as the senior officer when attending Local membership meetings within their regions, but shall not participate in any decisions regarding the affairs of the Locals;
  12. Conduct the election of Local Officers when in attendance.
    1. during periods of unavailability, for whatever reason, empower the Deputy Vice-President with all benefits and authority and so advise the locals concerned, this excludes participation at conventions by both the Vice-President of the Region and the Deputy Vice-President. If such situations occur, a written account of such actions taken is to be forwarded to the Vice-President of the Region upon return to the area.
    2. when the Deputy Vice-President acts on behalf of the Vice-President of the Region, all costs incurred must be pre-authorized by the National President.
  14. The replacement of a Vice-President of the Region at National Executive meetings shall be the Deputy Vice-President.
  15. The Deputy Vice-President shall be required to attend, as an observer, the first national executive meeting, with all costs incurred to be listed as a line item for the national executive meeting budget.

Article 4. The HUMAN RIGHTS ADVISOR shall:

  1. Serve as the Union’s representative on the Public Service Alliance of Canada’s Equal Opportunities Committee and submit reports to the National Executive and all regional Employment Equity coordinators;
  2. Liaise with the employer at various levels on Human Rights issues;
  3. Be responsible for providing presentations on Human Rights issues at regional conferences when requested by the Vice-President of the Region;
  4. Coordinate the activities of the Employment Equity regional coordinators;
  5. Attend all Public Service Alliance of Canada’s Equity Conferences;
  6. Attend all National Executive meetings;
  7. File a report of activities and recommendations within thirty (30) days of the activity to the National Executive and Employment Equity coordinators;
  8. File a report to the National President four (4) months prior to the Triennial National Convention.

Article 5. On vacating their respective positions, all officers of the Union shall deliver to their successors, within a two (2) month period where feasible, all relevant documents and information.

Article 6. DUTIES OF LOCAL OFFICERS AND CHIEF STEWARDS

  1. Local Presidents shall be the Chief Executive Officer of their Local, and shall preside at all meetings of their Local, and be responsible for the efficient and proper conduct of their Local.
  2. Local Vice Presidents in the absence of their respective President, shall carry out the duties of the office of President or other duty delegated to them by the Local President.
  3. Local Secretary Treasurers shall keep accurate records of all meetings of their respective Local and shall be responsible for keeping proper files of documents, financial records, and all correspondence relating to their Local and the Union.
    1. the Chief Steward or a Union officer who has been designated by the Local President shall be responsible for the forwarding to the Union's National Office, of all final level grievances, including all back up information and shall be responsible for replying to National Office inquiries on:
      1. any request for additional information on a final level grievance; and
      2. any request for a specific report on a subject related to a final level grievance.
    2. the Chief Steward or a Union Officer who has been designated by the Local President shall report to the Union’s National Office on an annual basis, the number and disposition of level one and level two grievances which have been resolved at the Local level. The annual report, including NIL reports, shall be submitted along with the Local’s annual audited statement as outlined in Bylaw 12, Article 11.

BYLAW 9
Election of National Officers

Article 1. All elections shall be by secret ballot and decided by simple majority.

Article 2. All nominees for National Executive office must be voting delegates to the Triennial National Convention and in attendance at the time of election.

Article 3. In the event of more than two (2) candidates for office, the candidate receiving the lowest number of votes shall be dropped from the ballot whenever a clear majority of the votes cast is not accorded any candidate. This procedure shall continue on each succeeding ballot for the position until a candidate receives the necessary majority.

Article 4. The National President and the Executive Vice President shall be nominated and elected in that order by the delegates attending the Triennial National Convention of the Union.

Article 5. Each Vice President of the Region shall be nominated and elected by a caucus of their respective regional delegations attending the Triennial National Convention. A Deputy for each Vice President and two (2) alternates shall be elected at this time. (0905-01, 0905-02, 0905-03)

Article 6. In the event of a tie vote for positions elected in caucus, the Chairperson shall immediately take a second ballot without recess or adjournment. If this results in a second tie vote, the Chairperson shall call a ten (10) minute recess before taking the third ballot. If this results in another tie, the election for that position will be voted upon by the delegates attending the Triennial National Convention.

Article 7. Members of the National Executive shall not be eligible for election to Local office or hold any other full-time paid position in the Union, Public Service Alliance of Canada, Provincial Federations or Canadian Labour Congress, other than those to be carried out by the Vice-Presidents of the Regions as assigned by the President.

Article 8. A Nomination Committee, consisting of five (5) delegates to the Triennial National Convention shall be appointed by 10:00 a.m. on the first day of the Convention by the National President to receive nominations for the offices of National President, Executive Vice President and Vice Presidents of the Regions.

Article 9. The election of officers shall take place on the day indicated in the Convention Call to be the last day of the Convention.

Article 10. All Vice-Presidents of the Regions of the Union shall take office at the end of the Convention at which they are elected or at the time of their appointment.

Article 11. The following Oath of Office is to be administered to all elected officers of the Union of National Defence Employees immediately upon acceptance of their respective office:

"I _____________ , having been elected an officer of the Union of National Defence Employees, do solemnly declare that I will faithfully carry out the duties appertaining to my office. I will at all times, uphold the dignity of the organization and preserve in confidence all matters that are brought to my attention in connec¬tion with the business of the Union."

BYLAW 10
Election of Local Officers

Article 1. All elections shall be by secret ballot, and decided by a simple majority of those voting.

Article 2. All nominees for Local office must be members in good standing of the Local and be in attendance at the time of election or have given written consent to stand for election to the Nominations Committee. All nominees for Local office must be duly moved and seconded by members in attendance at the meeting.

Article 3. In the event of more than two (2) candidates for any office, the candidate receiving the lowest number of votes shall be dropped from the ballot whenever a clear majority of the votes cast is not accorded any candidate. This procedure shall continue on each succeeding ballot for the position until a candidate receives the necessary majority.

Article 4.

  1. Election of officers of Locals shall take place at least every three (3) years in accordance with Local bylaws during the month of November, where practical, at regular membership meetings of the unit concerned. Where it is deemed impractical to hold elections in November, they may be advanced or delayed for a period not greater than one (1) month in each case.
  2. Such officers shall be elected in accordance with the Local's bylaws at a general membership meeting of the Local and their duties shall be consistent with Bylaw 8, Article 6 of these Bylaws.
  3. All Locals shall notify the Vice-President of the Region and the National Office of the names, addresses and telephone numbers of their elected officers within thirty (30) days of the election.

Article 5.

  1. The Nominations Committee shall be appointed by the Local President and shall assist the Vice-President of the Region in conducting the election of Local Officers.
  2. The Nominations Committee shall also be responsible for receiving written nominations and for ensuring that, in the event a nominee is unable to attend, the nominee has submitted a signed statement as to the reason for not being in attendance.
  3. In the event the Vice-President of the Region is unable to attend, the Chairperson of the Nominations Committee shall be responsible for conducting the elections.

Article 6. All officers of the Local shall take office immediately following the meeting at which they are elected.

Article 7. A Local may designate any of its elected officers as full time officers of the Local and may employ a person or persons to assist in carrying out the work of the Local.

Article 8.

  1. The Oath of Office shall be given at the meeting where the election takes place by the senior officer at the meeting or by the Chairperson of the Nominations Committee. All members shall stand while the Oath is administered. Each officer will repeat the Oath aloud as directed by the officer administering the Oath.
    "I __________________, having been elected an officer of the Union of National Defence Employees, do solemnly declare that I will faithfully carry out the duties appertaining to my office. I will at all times, uphold the dignity of the organization and preserve in confidence all matters that are brought to my attention in connec¬tion with the business of the Union."
  2. An elected officer, not in attendance when the election takes place, shall be sworn in at the first opportunity by the Local President or senior officer in the presence of at least one other Local officer.

BYLAW 11
National Conventions

Article 1. The supreme governing body of the Union shall be the Triennial National Convention.

Article 2. The Triennial National Convention of the Union shall be composed of accredited delegates from Locals, the Human Rights Advisor and the National Executive officers of the Union.

Article 3.

  1. The Triennial National Convention shall deal with all resolutions and matters properly brought before it from Local meetings and shall establish for the period between Triennial National Conventions, the general policies of the Union.
  2. The National Executive shall be entitled to present recommendations on any matter to the Convention for consideration and approval and shall present resolutions to the appropriate Convention Committee for consideration.

Article 4.

  1. The place and date of each Triennial National Convention shall be decided by the National Executive and such decision transmitted to the Locals not later than six (6) months prior to the opening date of such Convention. The Triennial National Convention shall be held at a date consistent with the provisions of the Constitution of the Public Service Alliance of Canada.
  2. A Convention Host Committee shall be comprised of a maximum of four (4) members from the region in which the Convention will be held with the help of the Vice-President of the Region. Host Committee members cannot hold delegate status.
  3. A Convention Host Committee shall submit all plans to the National President before acting further upon them. The National President will have the final decision on any and all matters associated with the running of a Triennial National or Special Convention.

Article 5.

  1. The Locals shall elect delegates on the basis of the table following:
    - from 10 (except those protected under Regulation 0702-01) to 150 members 1 delegate;
    - from 151 to 350 members 2 delegates;
    - from 351 to 700 members 3 delegates;
    - from 701 to 1,200 members 4 delegates;
    - from 1,201 to 2,000 members 5 delegates;
    - over 2,000 members one (1) additional delegate for each additional 1,000 members or major fraction thereof.
  2. The duration of a Triennial National or Special Convention shall be as determined by the National Executive.

Article 6. For the purpose of determining the number of delegates to which each Local shall be entitled for any Triennial National or Special Convention, the membership of each Local shall be the number for which the Union received dues, excluding RAND Formula de¬ductees, for the month which, inclusive of the month in which the Convention is held, is eight (8) months prior to the Convention.

Article 7. Each Local shall elect alternate delegates who shall attend the Triennial National Convention in place of any accredited dele¬gates who unavoidably cannot attend the Convention.

Article 8. No member shall be eligible to be nominated as an accredited or alternate delegate unless the member has attended 75% of all Local meetings open to the general membership held during the twelve (12) month period immediately prior to the day on which the election of delegates and alternates takes place.

Article 9. At least four (4) months prior to the opening date of the Triennial National Convention, each Local shall elect, from amongst its eligible members at a general meeting of the Local, accredited delegates and accredited alternates to the Convention of the Union.

Article 10.

  1. Immediately following election of Local delegates to the Triennial National Convention, the Local Secretary shall forward to the Vice-President of the Region, for onward transmission to the National Office, the names of the Local's accredited delegates on a credential form supplied by the National Office of the Union.
  2. Each delegate to a convention, upon election by a Local, shall be certified by that delegate's respective Vice-President of the Region as to eligibility in accordance with Bylaw 11.

Article 11. Each accredited delegate present at a Triennial National Convention shall be entitled to one vote on each subject and proxy votes shall not be permitted.

Article 12.

  1. At least three (3) months prior to the opening date of a Triennial National Convention, the National Executive shall appoint from amongst accredited delegates, persons to form such committees as may be necessary for the conduct of the business of the Convention. The National Executive will apply a formula for selecting the Convention Committee members on the basis of equitable representation from the regions.
  2. Vice Presidents of the Regions will provide lists of persons they recommend as committee members to the National President.
  3. Delegates shall be advised of their committee assignment by the National President at least six (6) weeks prior to the opening of the Convention and shall be supplied with any official information they may require for the proper execution of their committee's duties.
  4. Convention Committees shall meet in Ottawa at least thirty (30) days prior to the Convention and the chairpersons and their committees shall be briefed on the policies, priorities and procedures.
  5. Four (4) Sergeants-at-Arms shall be appointed by the National President.
  6. Deputy Vice-Presidents shall have the right to work on a committee providing they have been elected as a delegate to the Convention.
  7. No member shall serve on more than one committee at a Triennial National Convention of the Union.

Article 13. Locals shall be entitled to present resolutions for consideration by the Triennial National Convention. Such resolutions must have been adopted by the Local membership and must be received through the Vice-President of the Region in the National Office of the Union not later than four (4) months prior to the Convention, inclusive of the Convention month. Such resolutions shall be indexed and distributed to all Locals in book form at least six (6) weeks prior to the Convention.

Article 14. Emergency and late resolutions on matters of national importance shall be approved by the National Executive and upon approval shall be forwarded to the appropriate Convention Committee for disposal.

Article 15. All voting delegates in attendance at a Triennial National Convention shall be entitled to payment of the following expenses by the Union:

  1. A mode of transportation most economical to the Union;
  2. A per diem rate to be determined by the National Executive for the actual period of the Convention, exclusive of travelling time;
    1. all voting delegates and committee members shall be reimbursed one day's wages/salary plus all entitled benefits for each day they are in attendance at a Triennial National Convention. This would not normally include weekends. In addition, if any committee members are required to work on weekends, they shall be paid their daily wage rate;
    2. delegates and committee members who are shift workers or who work a compressed week will be reimbursed as in paragraph i), based on their average weekly hours divided by five (5). If such a delegate or committee member loses more than their average weekly wages or salary, they must substantiate same by providing a copy of their shift schedule.

Article 16. All Vice-Presidents of the Regions named in Article 1(a) of Bylaw 6 shall be deemed to be elected delegates to conventions of the Public Service Alliance of Canada. The remaining delegates to which the Union may be entitled shall be elected, in caucus, on the basis of regional membership representation as specified in Regulations to these Bylaws. Alternate delegates shall be elected at the time of the regional delegates' elections. These elections shall take place at the time provided by Bylaw 9, Article 9, and in accordance with the requirements of the Consti¬tution of the Public Service Alliance of Canada. (1116-01, 1116-02, 1116-03, 1116 04)

Article 17. A Special National Convention shall be held at the request of the National Executive provided that two thirds (2/3) of the National Executive vote in favour of such Special Convention, or on the request of 51% of the existing Locals of this Union, at a time and place to be decided by the National Executive.

Article 18. Special National Conventions shall be composed of delegates elected by Locals in accordance with Articles 5, 6, 7, 8, 9 and 10 of this Bylaw.

Article 19. The call for a Special Convention shall be sent out at least sixty (60) days prior to the date set for the commencement of the Special Convention.

Article 20. The reasons for calling a Special Convention shall be explained explicitly in the Convention call and no matter shall be taken into consideration by a Special Convention except that placed before it by the National Executive in the Convention call, except that a matter of urgent national importance to the Union may be raised with the consent of a two thirds (2/3) majority of the delegates in attendance at the Special Convention.

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Finances

Article 1. The financial records of the Union shall be audited once annually by a firm of chartered or certified accountants approved by the National Executive. A copy of the financial statement shall be forwarded to each Vice-President of the Regions, to each Local and to the Public Service Alliance of Canada within thirty (30) days of completion of the annual audit.

Article 2. The signing officers of the Union shall be the Na¬tional President together with either the Executive Vice President or Alternate Executive Vice President.

Article 3. The signing officers of the Union shall be bonded by a reputable bonding company in an amount to be set by the National Executive at the cost of the Union.

Article 4. In case of emergency, the National Executive shall have the authority to designate one or more of its members as signing officers of the Union.

Article 5. The fiscal year of the Union's National Office shall be from October 1st to September 30th.

Article 6. All financial records of the Union and its Locals should be retained for the legal period prescribed by Canada Customs and Revenue Agency.

Article 7. Each Local shall advise the National Office and its respective Vice-President of the Region of the bank or banking agencies pertaining to its Local.

Article 8. Each Local shall approve three signing officers of whom any two (2) shall sign all cheques. No disbursements may be made without authorization of the Local's bylaws or by a decision from or by a regular membership meeting.

Article 9. The Secretary Treasurer of a Local shall submit a financial statement to all regular meetings of the Local.

Article 10. The fiscal year for all Locals shall end on September 30.

Article 11. The Local Secretary Treasurer shall submit to an annual meeting of the Local normally held in November an annual audited statement of the Local's finances for the approval of the membership attending such meeting. If approved, such statement and minutes of the meeting shall be submitted to the National Office no later than December 31st of the same year. Failure to do so shall result in the National Office withholding the Local's rebate of dues until such statement is received by the National Office.

Article 12. All financial records of the Union and its subordi¬nate bodies shall be maintained in an approved manner as advised by the auditors in the case of the National Office and by the National Executive in the case of each Local.

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Discipline

Article 1. While the authority to suspend or expel a member from membership in the Union or the Public Service Alliance of Canada remains with the National Board of Directors of the Public Service Alliance of Canada in accordance with the Public Service Alliance of Canada Constitution, the National Executive shall have the right to:

  1. Recommend the suspension or expulsion from membership of any member of the union;
  2. Remove from office any Local Officer upon recommendation of a Local.

Article 2. The National Executive may revoke the Char¬ter of any Local when it is satisfied that the said Local has violated any provision of the Bylaws of the Union or the Constitution of the Public Service Alliance of Canada. Such decision shall require a two thirds (2/3) majority. Any Local so affected shall be entitled to appeal to the Public Service Alliance of Canada.

Article 3. All expenses associated with taking disciplinary action against a member or group of members shall be the responsibility of the body instituting formal disciplinary proceedings. (1303 01, 1303 02, 1303 03, 1303 04)

Article 4. Any and all allegations against a member of a Local, a National Officer, or a member acting on behalf of the National Executive, shall be dealt with in accordance with Regulations to Articles 5, 6, 7 and 8 of this Bylaw.

Article 5. A member or members proven to have committed any of the offences listed in Sub-sections (a) to (n) may be subject to disciplinary action.

  1. Violating any provision of the Local bylaws, the Bylaws of the Union or the Constitution of the Public Service Alliance of Canada;
  2. Obtaining or soliciting membership by misrepresentation;
  3. Instituting, urging or advocating that a member of any Local institute action in a court against the Union or the Public Service Alliance of Canada or any of its officers or against a Local or any of its officers without first exhausting all remedies through appeal within the organization;
  4. Advocating or attempting to bring about the withdrawal from the Union or any Local of any member or group of members;
  5. Publishing or circulating false reports or misrepresentations pertaining to the Union;
  6. Working in the interests of a rival organization;
  7. Slandering or wilfully wronging a member of the Union;
  8. Using abusive language or disturbing the peace of any meeting in or around any office or meeting place of the Union;
  9. Fraudulently receiving money or misappropriating the monies of the Union;
  10. Using the name of a Local or of the Union for soliciting funds, advertising, and the like, of any kind, without the consent of the Local concerned or the National Executive of the Union;
  11. Furnishing a complete or partial list of the membership of this Union or of any Local to any person or persons other than those whose official position entitles them to have such a list;
  12. Deliberately interfering with a representative of this Union who is engaged in the discharge of their duties;
  13. Submitting any allegations deemed to be frivolous, vexatious or malicious in nature;
  14. Any other conduct prejudicial to the good order and welfare of the Union.
(1305-01, 1305-02)

Article 6. A member or members proven to have committed any of the strike related offences listed in Sub-Sections (a) and (b) may be subject to disciplinary action for:

  1. crossing a picket line, receiving pay from the employer not to participate in strike action, performing work for the employer without being required to do so by law or voluntarily performing struck work, all while being in a legal strike position;
  2. not remitting 25% of the remuneration received from the employer for each day worked during a legal strike in accordance with the Constitution of the Public Service Alliance of Canada while being in a position deemed to be an essential service.
(1306-01, 1306-02, 1306-03, 1306-04, 1306-05, 1306-06, 1306-07)

Article 7. A National or Local Officer who wilfully does not initiate disciplinary action against scabs, as defined in the Constitution of the Public Service Alliance of Canada, is guilty of an offence against the Constitution.

Article 8. Within four (4) months of the conclusion of a ratification vote where strike action was taken, the respective Vice-President of the Region shall be responsible for providing a status report on disciplinary actions taken against strike breakers and members in essential services who do not pay the 25%. The report shall include details of disciplinary action undertaken by Locals and the steps that have been taken to ensure that the disciplinary action is taken against violators as specified in Article 6. (1308-01, 1308-02, 1308-03, 1308-04)

Article 9. Allegations of harassment against a member or a group of members shall be dealt with in accordance with the UNDE Harassment Policy.

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Public Service Alliance of Canada Councils

Article 1. In accordance with the Constitution of the Public Service Alliance of Canada, the Union shall encourage its Locals to participate in the organization and operation of Area Councils in centres where three (3) or more Locals of Components of the Public Service Alliance of Canada exist.

Article 2. In areas where the condition set forth in Article 1 of this Bylaw exists, Locals may make application to the Public Service Alliance of Canada as required by the Constitution of the Public Service Alliance of Canada, and upon approval of the application as specified, Union Locals in such areas may participate in the formation and operation of Area Councils within the terms and conditions of the Constitution of the Public Service Alliance of Canada.

Article 3. The Union shall encourage its Locals to participate in the operation of the Public Service Alliance of Canada Regional Councils.

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General

Article 1. Unless expressly provided otherwise by these Bylaws, all decisions requiring a vote shall be decided by a simple majority.

Article 2. Unless expressly provided otherwise by these Bylaws, Public Service Alliance of Canada's Rules of Order shall apply at all meetings and conventions of the Union.

Article 3. These Bylaws shall be produced in both the English and the French languages and be made available in alternate media. Copies of these Bylaws shall be distributed to all Locals in a timely manner.

Article 4.

  1. The Union shall not be responsible for any debt, con¬tractual arrangements, commitments, etc. entered into by any Local, or by any member or a Local seeking legal advice or representation on its own. When representation is requested by a member or a Local outside the procedures of the Union, i.e. grievance procedure, appeals, adjudication, discipline, etc., the Union will not be party to the representation.
  2. All members involved in grievances who request support from UNDE to attend final level grievance hearings, and other upper level grievance hearings, will receive it on the following conditions:
    1. UNDE/Public Service Alliance of Canada is party to the representation;
    2. hearings are held outside the region in which the grievance was filed;
    3. the Local requests assistance together with the member;
    4. only the travel expenses of the member(s) will be reimbursed in accordance with a pre-approved agreement between the member and national office. This agreement will be coordinated by the Local and the Vice-President of the Region;
    5. if a witness is required in support of a grievance, the Union will cover the witness’ travel expenses and reimburse any wage loss.
  3. Teleconference calls are deemed to meet the requirements of paragraph (b).

Article 5. A mailing list of National Executive officers and/or Local officers and/or members shall not be made available to anyone except that:

  1. Vice Presidents of the Regions shall be given the mailing list of Local officers within their regions upon request;
  2. The National Office may, upon request and receipt of payment of the cost involved, mail literature which is not detrimen¬tal to the Union or the Public Service Alliance of Canada or which has been authorized by the National Executive;
  3. The payment of the cost of (b) may be waived if in the opinion of the National Executive such material will be of benefit to the membership;
  4. The National Office will supply each Local with their latest membership listing of names and addresses once a year.

BYLAW 16
Regional Conferences and Education

Article 1. Vice-Presidents of the Regions shall undertake to organize and conduct Regional Conferences or Education and Training sessions for their respective regions. (1601-01, 1601-02, 1601-03)

BYLAW 17
Charters

Article 1. Each and every Local shall be bound by these Bylaws and shall subscribe to the aims, objects and intent of the Union as expressed in these Bylaws and shall thereby be entitled to receive the Union's Local Charter.

Article 2. The Charter shall be of a design approved by the National Executive and shall be signed by the National President and the Executive Vice President.

Article 3. When the National Office is notified that a new Local of the Union has been formed, a Charter shall appropriately be inscribed with the name of the Local and the Charter officers of the Local and it shall be forwarded to the Vice-President of the Region for presentation.

  1. National Office and Vice Presidents of the Regions shall maintain a register of all Charters issued with all significant details.
  2. The Charter shall be exhibited at each Local meeting as the authority for the Local to conduct business.
  3. The Charter shall be in the custody of the Local President and the Local President shall be responsible for its proper care and use. The Charter shall be passed along with all other documents when vacating the office of Local President.
  4. On the death of a member, the Charter shall be appropriately draped with black cloth when next displayed and the occasion recorded.
  5. If a Local Charter is revoked, it shall be returned to National Office by the Vice-President of the Region where it shall be placed in the custody of the National Office. It shall be returned to the Local when the revocation is lifted.
  6. When a Charter is lost or stolen, it will be re-issued upon receipt by the National President of a statement signed by the Local President and the Vice-President of the Region. It will be shown on the new Charter that it is a replacement.

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Amendments to Bylaws

Article 1. These Bylaws may be amended by a two-thirds (2/3) majority of the voting delegates in attendance at any National Convention of the Union.

Article 2. These Bylaws shall come into effect on approval by the National Convention.

BYLAW 19
Provincial Federations of Labour

Article 1. All Locals of the Union are encouraged to affiliate with their respective Provincial Federations of Labour. Lo¬cals shall within six (6) months of the 1984 Convention, report in writing to the National President their affiliation status. Any Locals chartered subsequent to the 1984 Convention shall, within six (6) months of receiving their Charter, advise the National President of their Local's intention regarding affiliation.

BYLAW 20
Regulations

Article 1. The National Executive shall have the power to make such regulations as are necessary for the proper conduct of the business of this Union, provided such regulations do not conflict with the provisions of these Bylaws. Such regulations shall be promulgated within sixty (60) days of their adoption and shall be referred to the next Triennial National Convention of the Union for ratifica¬tion. Failure to receive a two-thirds (2/3) majority vote shall automatically rescind any regulations, effective on the date of rejection by the Convention.

Article 2. Regulations to the Bylaws may be amended by a two-thirds (2/3) majority vote of the voting delegates in attendance at any Union National Convention.