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Regulations to Bylaws

Last Revision: 2008

Explanatory Notes

The Bylaws Committee has devised a numbering system for the Regulations which works as follows: each Regulation is preceded by a six (6) digit number as illustrated.

0304 04 - Bylaw Number
0304 04 - Article Number
0304-04 - Regulation Number

The first four (4) numbers indicate the Bylaw number and Article. The last two (2) indicate the Regulation. The zeros are there to allow for future growth in the numbering system.

Membership

0302-01 - The candidate must have been:

  1. A member of the Union or its predecessor organization (NDEA-CSAC) for a minimum of twenty (20) years (not necessarily consecutive) or;
  2. A person or member who is not or is no longer eligible for regular membership within the Union.

0302-02 - Honorary members will receive a scroll and an Honorary Membership card signed by the President of the Union.

0303-01 - Life Membership may be proposed by a Local or by an elected National Executive officer. A copy of the motion proposing a candidate for Life Membership shall accompany each submission.

0303-02 - The candidate must have been a member of the Union or its predecessor organization (NDEA CSAC) for a minimum of twenty (20) years (not necessarily consecutive).

0303-03 - The member or former member must have served a minimum of fifteen (15) years as an elected Union officer (not necessarily consecutive).

0303-04 - The member or former member must have never at any time been removed from office or suspended from membership in accordance with Bylaw 13 or acted in a manner detrimental to unionism.

0303-05 - The member or former member must have performed exemplary services for the membership through personal and devoted efforts in the affairs of the Union.

0303-06 - The National Executive shall examine the Life Membership status at their meetings.

0303-07 - A member or former member receiving Life Membership in the Union shall also be recommended for Life Membership in the Public Service Alliance of Canada.

0303-08 - Not withstanding the guidelines provided above, a member or former member may be nominated for a Life Membership if a single outstanding service to the Union has been performed. Such service must be far above the average contribution.

0303-09 - Applications submitted by a Local shall be reviewed and commented on by the appropriate Vice-President of the Region before it is forwarded to the Honours and Awards Committee. All nominations shall be submitted on the prescribed form to the National Executive Standing Committee on Honours and Awards, in care of the National President.

0303-10 - The Chairperson of the Honours and Awards Committee will submit its report at the first session of the next National Executive assembled in regular meetings. The report will then be tabled to the last session of the same meeting at which time the National Executive will vote by secret ballot on the Committee recommendations. A two thirds (2/3) majority will be required to either accept or reject.

0303-11 - The National President shall at the earliest opportunity, present a suitably framed and worded scroll to the person awarded a Life Membership by the National Executive.

National Executive

0609-01 - The approval of the budget by Convention shall automatically refer the budget to the National Executive of the Union for control.

0609-02 - The inclusion of any item in the budget does not automatically provide a requirement to expend said funds for the item. Funds shall not be transferred from one item to another in the budget except by a two thirds (2/3) majority vote of the National Executive.

0609-03 - If a new item arises between conventions, not provided for in the budget, the National Executive may provide for a new item by transfer of funds from other items. A two thirds (2/3) majority vote of the National Executive shall be required to set up a new item in the budget. No funds shall be transferred or expended without first identi¬fying the specific budget item from which the money is being transferred and debiting that item accordingly.

0611-01 - All UNDE investments shall be made in 100 percent guaranteed Canadian principal and interest vehicles.

0612-01 - The National Office shall provide to the members of the National Executive, reports as required to carry out their function.

0615-01 - All members of the Union will be given an equal opportunity to compete for vacant staff positions regardless of their language status. Positions will be deemed bilingual non-imperative and successful candidates will be given sufficient second language training. Candidates should be assessed before competition as to their ability to achieve bilingual status.

Form of Organization

0702-01 - In the case of a detached or independent unit whose author¬ity for unit discipline is delegated to a CO or Superintendent, providing that the unit has twenty (20) members, an independent Local may be organized subject to approval of the National Executive. Any Local whose membership drops below twenty (20) members, except for those Locals that have less than twenty (20) members because of their geographic location or cannot be serviced by any other Local, will have its Charter revoked by the National President on the recommendation of the Vice-President of the Region and be placed in another Local.

0702-02 - Should a jurisdictional dispute arise between two or more Locals, the dispute shall be referred to, and settled by, the National President and Vice President of the Region con¬cerned. The Locals concerned may appeal the findings of the National President and the Vice President of the Region to the National Executive whose decision shall be final and binding on all parties concerned.

0707-01 – The minutes of all meetings shall identify the intervener(s) as well as the person who read the statement.

0708-01 – These assets shall remain in trusteeship until the National Executive is satisfied the recommendations of the Exit Committee are fulfilled and the Local is reactivated.

Trusteeship - Officer and Committee

0709-01 - The National President shall develop a mandate for the Trustee Officer and the right to establish a Trustee Committee consisting of no less than three (3) members of the Local. The Trustee Committee shall be responsible for working with and reporting to the Trustee Officer.

0709-02 - The Trustee Officer and the Trustee Committee shall be responsible for ensuring the mandate is met and for the day to day affairs of the Local, in particular, the grievance and shop steward situation, the finances and the coordination of union/management consultation forums.

0709-03 - The Trustee Officer shall be responsible for communicating with the National Executive for approval on spending and direction on procedures to ensure the mandate is being adhered to.

0709-04 - The Trustee Officer shall, within a two (2) week period, be responsible for securing the property of the Local, including all files, records, financial assets, bank accounts and records as well as any outstanding grievances and related paperwork, from all previous Local Executive Officers who are responsible for handing over all property belonging to the Local.

0709-05 - The Trustee Officer shall be responsible for securing any other property belonging to the Local that includes office and other equipment, furnishings, promotional items and the key to the Union Office (if any) from all previous Local Executive Officers within a one-week period.

0709-06 - The Trustee Officer shall be responsible for advising the employer of the Local's status and for developing with the Trustee Committee, a plan to handle any day to day communication with the employer while the Local is in trusteeship.

0709-07 - The Trustee Officer and the Committee shall be responsible for establishing the following:

  1. An Audit Committee consisting of two (2) members and one Trustee Committee member to conduct an audit of the Local's expenditures from the last approved audit up to and including the day the Local's assets were frozen. If an Audit Committee cannot be established, assistance from National Office shall be requested ;
  2. A Steward Committee consisting of Shop Stewards of the Local and one Trustee Committee member to represent members’ day to day issues and to follow through on any grievance that may be active and may require representation.

0709-08 - The Trustee Officer and the Committee shall be responsible for attending senior union management forums including LMCCs and EOSH and for coordinating and appointing, where required, any and all sub-committees established under these forums.

0709-09 - The Trustee Officer, with the National President, shall determine an effective communication plan to ensure the membership is fully aware of the Local's progress throughout the trusteeship period.

0709-10 - The Trustee Officer shall be responsible for reporting regularly to the National President on the status of the Local in preparation for the establishment of the Exit Committee.

Trusteeship - Exit Committee

0710-01 - The National President shall, as soon as possible, but no later than four (4) months into the trusteeship status, be required to establish an Exit Committee and to develop its mandate.

0710-02 - Upon receipt of the mandate, the Exit Committee shall be responsible for contacting the Trustee Officer to determine how to coordinate the needs of the Exit Committee, more precisely, dates, locations and times for the Exit Committee to conduct its business.

0710-03 - The Trustee Officer and the Trustee Committee shall be responsible for having the following ready for the Exit Committee:

  1. A complete audit of the Local's expenditures conducted by the Audit Committee;
  2. A record of expenditures since the date the assets were frozen;
  3. A complete report on grievances;
  4. A report on the Steward Committee’s activities;
  5. An update on the status of Union/Management forums including LMCCs and EOSH; and
  6. A complete report of the Trustee Officer and the Committee’s activities.

0710-04 - The Trustee Officer shall be responsible for organizing a meeting of the membership to allow the Exit Committee to identify its role, its mandate and to allow the membership to provide feedback that they believe will facilitate the reactivation of the Local.

0710-05 - The Exit Committee shall then be responsible for developing recommendations based on its mandate, the reports of the Trustee Officer and the Trustee Committee and the feedback from the membership that would result in an effective Exit Plan to reactivate the Local.

0710-06 - The Exit Committee shall submit its recommendations to the National President no later than five (5) months from the date of the Trusteeship.

0710-07 - The Exit Committee’s recommendations shall be placed before the National Executive for review.

Trusteeship - Review

0711-01 - The National Executive shall be responsible for reviewing the trusteeship status of the Local and shall be provided all documentation required.

0711-02 - The National Executive shall vote on an Exit Plan that will be used to assist in the reactivation of the Local.

  1. If it is recommended that the Local is ready, the Vice-President of the Region shall be responsible for fulfilling the requirements of the Exit Plan approved by the National Executive.
  2. If it is recommended that the Local is not ready, the National Executive can vote to keep the Local in its current Trusteeship status for a period not to exceed twelve (12) months. The Trustee Officer and the Trustee Committee will be responsible for continuing their mandate.

Trusteeship - Exit

0712-01 - The Vice-President of the Region shall be responsible for ensuring that the requirements of the Exit Plan, approved by the National Executive, are executed without delay by:

  1. Advising the membership of the National Executive’s decision, of the requirements of the Exit Plan and that the Local will not exit Trusteeship until all provisions of the Exit Plan have been met;
  2. Conducting the elections of the Local Executive officers and all other positions contained within the Exit Plan;
  3. Communicating to the employer the outcome of the elections and the future communication protocol with the Local;
  4. Stand down the Trustee Committee.

0712-02 - The Vice-President of the Region shall be responsible for working with the newly elected Local Executive to ensure that all recommendations contained in the Exit Plan are complied with, by:

  1. Completing all recommended training;
  2. Establishing all recommended Committees and Sub-Committees within both the Union and the Union/Management structures;
  3. Ensuring membership meetings and communication with the membership are conducted;
  4. Completing all reports within established deadlines;
  5. Completing all other requirements.

0712-03 - The Vice-President of the Region shall be responsible for providing progress reports to the National Executive as required and is responsible for providing a final report at the termination of the timeframe outlined in the Exit Plan.

0712-04 - Once the requirements outlined in the Exit Plan are completed, the National Executive will vote to take the Local out of Trusteeship status:

  1. If it is recommended that the Local is ready, the Local shall be reactivated with full rights;
  2. If it is recommended that the Local is still not ready, the Local will be deemed to be in abeyance.

Abeyance

0713-01 - Should a Local be deemed to be in abeyance, all documents, property and funds of such Local shall, as soon as possible, be transferred to the National Office of this Union by the Vice-President of the Region to be held in trust for a maximum of one (1) year.

0713-02 - If within the one (1) year period, the Local is reinstated by the National Executive, all properties and funds shall be returned to the Local.

0713-03 - During the period of abeyance, the National Office shall report all trusts to the National Executive at least two (2) times a year.

0713-04 - On completion of the one (1) year period, if the Local is still in abeyance, the National Executive shall authorize the continuance of a trust or the dissolution of the Local. Bylaw 7 Article 14 will apply for any Local deemed to be dissolved.

0713-05 - The Vice-President of the Region, in consultation with the National President, shall take the necessary steps to amalgamate the dissolved Local with another active Local within the Region.

Deputy Vice-President Vacancies

0905-01 - In the case of Deputy Vice Presidents, the first alternate shall be appointed to fill the vacancy.

0905-02 - The second alternate shall replace the first alternate.

0905-03 - If the Triennial National Convention of the Union is to take place within six (6) months of the vacancy occurring, the Deputy Vice-President’s position shall remain vacant.

Delegates to the Public Service Alliance of Canada Convention

1116-01 - The Union's delegates to a Public Service Alliance of Canada convention shall be selected in accordance with the Union’s Bylaw 11, Article 16, and the remainder elected from the established regions (Bylaw 6, Article 1(a).

1116-02 - The Union’s total delegate entitlement, as determined by the Public Service Alliance of Canada Constitution shall be allotted as follows:

  1. Delegates’ seats shall automatically be established for each member of the National Executive (except the National President - see 1116-03);
  2. Each region shall be entitled to a minimum of one (1) delegate;
  3. The remaining delegates' seats will be assigned to the regions with the highest number of members, in order of priority. 1116 03 The National President of the Union, as a member of the Public Service Alliance of Canada’s Board of Directors, is automatically a delegate and does not come from the Union quota.

1116-04 - Each region shall elect (an) alternate delegate(s) on a priority basis.

Finances

1211-01 - Failure to submit an annual audited statement of the Local’s finances as well as the minutes of the annual meeting after three (3) tries within three (3) months by the Vice-President of the Region shall result in the Local not being entitled to attend the Union’s training sessions, conferences and conventions.

Discipline

1301-01 – Any member removed from office under Bylaw 13 or suspended under the Constitution of the Public Service Alliance of Canada will be prevented from attending any Union function that is paid for by the Union’s funds.

Expenses Associated with Disciplinary Action

1303-01 - All expenses associated with taking disciplinary action against a member or members are to be kept to a minimum and shall be the responsibility of the body that the member(s) belong to based upon Bylaw 13, Article 4, unless a request is put forth by an Investigation Committee in accordance with 1303-03.

1303-02 - In the event a Local does not have sufficient funds, some or all expenses may at the discretion of the National President, be paid from Union funds and be recovered from the Local in accordance with the terms laid down by the National Executive.

1303-03 - Notwithstanding the fact that the Local does have sufficient funds, upon request of the Investigation Committee, the National Executive by a two-thirds (2/3) majority vote may approve that funds be paid by the Union for all expenses associated with taking disciplinary action. Such request must clearly outline the circumstances and rationale for the request.

1303-04 - When a member or members involved in a disciplinary investigation are not found to be guilty of any infraction of UNDE Bylaw 13 Article 4, all costs incurred should be paid by Union funds.

1303-05 - The National Office shall keep accurate and substantiated records of all such expenses paid by the Union.

Disciplinary Procedure - General

1305-01 - Locals shall be responsible for conducting disciplinary procedures against any of its members alleged to have violated any provision(s) of Bylaw 13, Article 5. The following procedures shall be followed:

  1. Any and all allegations must be placed in writing, signed by the Complainant(s) and submitted to the Vice-President of the Region who will serve as the Reviewing Officer responsible for receiving such allegations.
  2. The Reviewing Officer shall make an initial review of any complaint(s) to determine whether there is enough prima facie evidence to proceed within seven (7) days of receipt of the complaint.
  3. If the Reviewing Officer determines there is not enough evidence, he/she shall be responsible to provide a written response to the Complainant(s) of the reason for this decision. The Complainant(s) shall also be advised of their right to appeal this decision to the National Executive within thirty (30) days.
  4. If the Reviewing Officer determines there is enough evidence, he/she shall provide a written response to the Complainant(s) and the Respondent(s) identifying that the allegation(s) will be officially investigated. The Reviewing Officer shall also identify in that response, an outline of the procedures that will be followed and the rights afforded to both the Complainant(s) and the Respondent(s), in particular their right to appear before an Investigation Committee and their right to call any witnesses.
  5. The Reviewing Officer's role throughout this process is to remain neutral to allow constitutional interpretation and assistance for the Investigation Committee, the Complainant(s) and the Respondent(s) which shall be conveyed in writing to each party.
  6. The Reviewing Officer shall establish an internal or external impartial Investigation Committee consisting of three (3) union recognized members to investigate and assess the charge(s).
  7. The Reviewing Officer shall develop the mandate based upon the allegation(s) for the Investigation Committee to include the need to select a Chairperson, direction on their rights and obligations, what they are reviewing, the procedures outlined in this Regulation they are to follow and copies of all documentation generated to date including the allegation(s). The Reviewing Officer shall also include in the mandate the requirement of the Investigation Committee to prepare a report of its investigation and shall be responsible to provide a copy of the Investigation Committee's mandate to the Complainant(s) and the Respondent(s).
  8. The Investigation Committee shall contact the Complainant(s), the Respondent(s) and any witnesses to establish timings for interviews and to receive any other documentation pertaining to the allegation(s).
  9. The Investigation Committee shall conduct as many interviews with the Complainant(s), the Respondent(s) and any witnesses deemed to have information relevant to the investigation until it can make a finding of the allegation(s) in accordance with their mandate.
  10. The Investigation Committee shall be responsible for preparing its report that shall consist of one or two parts depending on whether the allegations have been determined to be founded or unfounded.
  11. Part I will include a finding of fact that either confirms or not the Complainant(s) or Respondent(s) have violated any provision of Bylaw 13, Article 5.
  12. Part II will recommend any specific corrective action for founded allegations in violation of Bylaw 13, Article 5. Corrective action can include recommendations of discipline from formal apologies, censure, removal of office or suspension of membership.
  13. The Investigation Committee shall submit its report to the Reviewing Officer who shall be responsible to ensure that the Investigation Committee has met its mandate and that its report is in accordance with the Bylaws of this Union prepared to be placed before the membership.
  14. The Reviewing Officer shall at that time, coordinate with the Local Executive to organize a special or general membership meeting to receive the Investigation Committee's report.
  15. The Reviewing Officer shall in writing, notify the Complainant(s) and the Respondent(s) of the date and location of the special or general membership meeting, their right to attend with no voice or vote during the decision making process and provide a copy of the Investigation Committee's report. The notification must be sent out in accordance with timelines for meeting notifications established in Local Bylaws.
  16. The Investigation Committee’s report shall be placed before the membership in two parts with the Reviewing Officer as Chair of the meeting and the Committee's Chair presenting the report. Part I of the report cannot be amended however is subject to a simple majority vote to receive it.
    1. if the vote is not carried the report cannot be received for discussion.
    2. if the report is adopted, members are then able to enter into discussion to assist them in the decision making process for the remainder of the report.
  17. Part II of the report shall be subject to the acceptance of two-thirds (2/3) of the ballots cast (less spoiled ballots). The Complainant(s) and the Respondent(s) shall be denied voice and vote during the decision-making process.
  18. All votes cast shall be recorded in the minutes clearly reflecting yeas, nays, abstentions and spoiled ballots.
  19. If the Local meeting accepts a recommendation of removal from office, the Reviewing Officer shall in writing convey that decision to the Complainant(s) and the Respondent(s) and shall provide a copy of the minutes of the meeting where the Investigation Committee's report was dealt with. The letter shall also convey their right to appeal to the National Executive within sixty (60) calendar days that should be submitted to the Reviewing Officer. It shall also convey they are no longer eligible to act in an official capacity upon receipt of notification and throughout the appeal period.
  20. Upon receipt of an appeal, the Reviewing Officer shall advise the National President in writing and forward all documentation including the written charge(s), the Investigation Committee’s report, the notification of the right to appeal, the notice of meeting and the minutes of the meeting where recommendations were adopted.
  21. Upon receipt of an appeal, the National Executive shall review and determine the merit of the appeal. The decision of the National Executive will be binding on all parties to the appeal.
  22. All expenses for the appellant(s) and any witnesses on behalf of the appellant(s) incurred during the appeal shall be the responsibility of the appellant(s). All other expenses shall be the responsibility of the Union except that if the appellant(s)’ appeal is successful all costs shall be the responsibility of the Local originating the investigation.
  23. If the Local meeting accepts a recommendation to suspend or expel from membership, the Reviewing Officer shall convey in writing that decision to the Complainant(s) and the Respondent(s) as well as the information regarding the next steps in the process that include UNDE National Executive and Public Service Alliance of Canada requirements to determine final suspension of the member(s) and their right to appeal. The notification shall also include that the member(s) cannot act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.
  24. The Reviewing Officer shall advise the National President in writing and forward all relevant documentation including the written charge(s), the Investigation Committee’s report (Parts I and II), the written notification of the right to appeal, the notice of meeting and the minutes of the meeting where recommendations were adopted.
  25. The National President shall, after satisfying himself/herself that the investigation was properly conducted, submit the case to the National Executive for review. Should the National Executive accept the Local’s recommendation to suspend or expel from membership, the National President shall then submit the matter to the National Board of Directors of the Public Service Alliance of Canada for decision.
  26. If the decision to suspend or expel from membership is upheld by the National Board of Directors of the Public Service Alliance of Canada, the member(s) shall have the right to submit an appeal in accordance with the provisions laid out in the notice of the National Board of Directors' decision.

Disciplinary Procedure

1305-02 - The National Executive shall be responsible for conducting disciplinary procedures against any member of the National Executive or member acting on behalf of the National Executive alleged to have violated any provision(s) of Bylaw 13, Article 5. The following procedures shall be followed:

  1. Any and all allegations must be placed in writing, signed by the Complainant(s) and submitted to the National President who will serve as the Reviewing Officer. If the allegation(s) are against the National President, they shall be submitted to the National Executive Vice-President. If the allegation(s) involve both the National President and the Executive Vice-President they shall be submitted to the National Executive and it will be determined who among the National Executive Officers will serve as the Reviewing Officer.
  2. The Reviewing Officer shall make an initial review of any complaint(s) to determine whether there is enough prima facie evidence to proceed within seven (7) days of receipt of the complaint.
  3. If the Reviewing Officer determines there is not enough evidence, he/she shall be responsible to provide a written response to the Complainant(s) of the reason for this decision. The Complainant(s) shall also be advised of their right to appeal this decision to the National Executive within thirty (30) days.
  4. If the Reviewing Officer determines there is enough evidence, he/she shall provide a written response to the Complainant(s) and the Respondent(s) identifying that the allegation(s) will be officially investigated. The Reviewing Officer shall also identify in that response, an outline of the procedures that will be followed and the rights afforded to both the Complainant(s) and the Respondent(s), in particular their right to appear before an Investigation Committee and their right to call any witnesses.
  5. The Reviewing Officer shall establish an Investigation Committee consisting of three (3) Vice-Presidents of the Regions to investigate and assess the allegation(s) and for developing the mandate. The Complainant(s) and the Respondent(s) shall be advised of the makeup of the Investigation Committee and be provided a copy of its mandate.
  6. The Investigation Committee shall conduct as many interviews with the Complainant(s), the Respondent(s) and any witnesses required until it can make a finding of the allegation(s) in accordance with their mandate.
  7. The Investigation Committee shall be responsible for preparing its report that shall consist of one or two parts depending on whether the allegations have been determined to be founded or unfounded.
  8. Part I will include a finding of fact that either confirms or not the Complainant(s) or Respondent(s) have violated any provision of Bylaw 13, Article 5.
  9. Part II will recommend any specific corrective action for founded allegations in violation of Bylaw 13, Article 5. Corrective action can include recommendations of discipline from formal apologies, censure, removal of office or suspension of membership.
  10. The Investigation Committee shall submit its report to the Reviewing Officer who shall be responsible to ensure that the Investigation Committee has met its mandate and that its report is constitutionally prepared to be placed before the National Executive.
  11. If disciplinary action is recommended, the Reviewing Officer shall advise the Complainant(s) and the Respondent(s) that a National Executive meeting will be held to deal with the Investigation Committee's report. The Complainant(s) and Respondent(s) shall be provided a copy of the Investigation Committee's report.
  12. The Committee’s report shall be placed before the National Executive in two parts. Part I of the report cannot be amended however is subject to a simple majority vote to receive it. Part II of the report shall be subject to the acceptance of two-thirds (2/3) of the ballots cast (less spoiled ballots). The Complainant(s) and the Respondent(s) shall be denied voice and vote during the decision-making process.
  13. If the National Executive accepts a recommendation of removal from office, the National President shall convey in writing that decision to the Complainant(s) and the Respondent(s).
  14. If the member(s) being recommended for removal of office are members of the National Executive they shall be advised of their right to submit an appeal to the National Board of Directors of the Public Service Alliance of Canada as required by Regulation 19, Section 7 (f) of the Constitution of the Public Service Alliance of Canada. The notification shall also include that the member(s) of the National Executive cannot act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.
  15. If the member(s) are members acting on behalf of the National Executive, the decision of the National Executive is binding and not subject to appeal.
  16. If the member(s) of the National Executive choose to submit an appeal, they shall submit a written notice to appeal to the National Board of Directors within sixty (60) calendar days of receipt of the disciplinary notification. Upon receipt of an appeal, the National Board of Directors will establish a Tribunal as outlined in Regulation 19, Sections 12, 13 and 14 of the Constitution of the Public Service Alliance of Canada.
  17. If the National Executive accepts a recommendation to suspend or expel from membership, the National President shall convey in writing that decision to the member(s) of the National Executive and the appeal rights of the member(s) of the National Executive in accordance with Regulation 19, Section 12 of the Constitution of the Public Service Alliance of Canada.
  18. The National President shall also submit such recommendation to the National Board of Directors of the Public Service Alliance of Canada together with all relevant documentation.
  19. If the decision to suspend or expel from membership is upheld by the National Board of Directors of the Public Service Alliance of Canada, the member(s) of the National Executive shall have the right to submit an appeal in accordance with the provisions laid out in the notice of the National Board of Directors’ decision.

Disciplinary Procedure – Strike Breakers and Essential Services Violations of Bylaw 13, Article 6

1306-01 - All members shall be notified in writing of their obligations during strike situations and of the potential of being disciplined in accordance with Section 25, Sub-Section 5(n) and Regulation 19, Section 6 of the Constitution of the Public Service Alliance of Canada. That notification will be sent by the National President.

1306-02 - All members performing services deemed essential are to be notified in writing of their obligations of Section 24, Sub-Section 7 of the Constitution of the Public Service Alliance of Canada and the expectations required of them during a strike situation. That notification will be sent by the National President.

1306-03 - Locals shall be responsible for the identification and the collection of amounts owed and the communication of that information with their members performing services deemed essential. Locals shall also be responsible for forwarding all funds collected to the Public Service Alliance of Canada’s Regional Executive Vice-President's office.

1306-04 - Locals shall be responsible for conducting disciplinary procedures against members and Local Officers alleged to have violated Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n) of the Constitution of the Public Service Alliance of Canada. The following procedures shall be followed:

  1. A signed allegation identifying the violation by Section must be raised by a member of the Local Executive or their representative.
  2. The Local Executive (less any Local Officer(s) alleged of violation) shall establish an internal or external impartial Investigation Committee consisting of three (3) people to investigate and assess the charge(s).
  3. The Local Executive shall develop the mandate for the Investigation Committee to include direction on what they are reviewing and the procedures they are to follow.
  4. The member(s) alleged to have violated either Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n) will be provided a copy of the allegation and a letter from the Local indicating the member making the charge, the member charged and any witness(es) have the right to appear before the Investigation Committee. The letter shall also contain information of the Investigation Committee makeup and its mandate.
  5. The Investigation Committee shall conduct interviews with the member(s) making the charge(s), the member(s) charged and any witness(es).
  6. The Committee shall be responsible for preparing its report that shall consist of one or two parts depending on whether the charge(s) are upheld by the Committee.
  7. Part I will include a finding of fact that either confirms or not that the member(s) have violated Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n).
  8. Part II will recommend the specific disciplinary action in the event that the Committee finds the member(s) have violated Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n). Disciplinary actions could include removal of office or suspension of membership while Section 25, Sub-Section 5(n) violations include a fine in accordance with Section 25, Sub-Section 3.
  9. The Committee’s findings and recommendations shall be submitted to the Local Executive (less any Local Officer(s) alleged of violation) and, if disciplinary action is recommended the Local shall advise all parties (less witnesses) identified in the Investigation report of the outcome of its investigation. A letter outlining their rights that include the right to have a representative and to attend the meeting with no voice or vote as well as information regarding location and time of meeting shall be sent. A copy of the Investigation Committee report shall also be included.
  10. The Committee’s report shall be placed before a special or general meeting of the Local in two parts. Part I of the report cannot be amended however is subject to a simple majority vote to receive it. Part II of the report shall be subject to the acceptance of two-thirds (2/3) of the ballots cast (less spoiled ballots). The member(s) making the charge(s) and the member(s) charged shall be denied voice and vote during the decision-making process. The Chairperson shall also not vote in any decision making process. All votes cast shall be recorded in the minutes clearly reflecting yeas, nays, abstentions and spoiled ballots.
  11. If the Local meeting accepts a recommendation of removal from office, the Local Executive (less any Local Officer(s) alleged of violation) shall convey in writing that decision to the member(s) concerned and their right to submit an appeal to the National Executive. The notification shall also include that the member(s) cannot act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.
  12. If the member(s) choose to submit an appeal, the member(s) shall submit a written notice to appeal to the Local Executive (less any Local Officer(s) alleged of violation) within sixty (60) calendar days of receipt of the disciplinary notification. The Local Executive (less any Local Officer(s) alleged of violation) shall supply the Vice-President of the Region with a copy of all documentation including the written charge(s), the Investigation Committee’s report (Parts I and II), the written notification of the right to appeal, the notice of meeting and the minutes of the meeting where recommendations were adopted.
  13. The Vice-President of the Region shall, after ensuring the procedure has been followed, forward all information to the National President.
  14. Upon receipt of an appeal, the National Executive shall review and determine the merit of the appeal. The decision of the National Executive will be binding on all parties to the appeal.
  15. All expenses for the appellant(s) and any witnesses on behalf of the appellant(s) incurred during the appeal shall be the responsibility of the appellant(s). All other expenses shall be the responsibility of the Union except that if the appellant(s)’ appeal is successful all costs shall be the responsibility of the Local originating the investigation.
  16. If the Local meeting accepts a recommendation to suspend or expel from membership, the Local Executive (less any Local Officer(s) alleged of violation) shall convey in writing that decision to the member(s) as well as the information regarding the next steps in the process that include the National Executive and the Public Service Alliance of Canada requirements to determine final suspension of the member(s) and their right to appeal. The notification shall also include that the member(s) cannot act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.
  17. The Local Executive (less any Local Officer(s) alleged of violation) shall advise the Vice-President of the Region in writing and provide all relevant documentation including the written charge(s), the Investigation Committee’s report (Parts I and II), the written notification of the right to appeal, the notice of meeting and the minutes of the meeting where recommendations were adopted.
  18. The Vice-President of the Region shall, after ensuring the procedure has been followed, forward all information to the National President.
  19. The National President shall, after satisfying himself/herself that the investigation was properly conducted, submit the case to the National Executive for review. Should the National Executive accept the Local’s recommendation to suspend or expel from membership, the National President shall then submit the matter to the National Board of Directors of the Public Service Alliance of Canada for decision.
  20. If the decision to suspend or expel from membership is upheld by the National Board of Directors of the Public Service Alliance of Canada, the member(s) shall have the right to submit an appeal in accordance with the provisions laid out in the notice of the National Board of Directors’ decision.

1306-05 - The National Executive shall be responsible for conducting disciplinary procedures against any member of the National Executive alleged to have violated either Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n) of the Constitution of the Public Service Alliance of Canada. The following procedures shall be followed:

  1. A signed allegation of violation of Section 24, Sub-Section 7 or Section 25, Sub-Section 5(n) must be received by the National President.
  2. The National President shall establish an Investigation Committee consisting of three (3) Vice-Presidents of the Regions to investigate and assess the charge(s).
  3. The National President shall develop the mandate for the Investigation Committee.
  4. The member(s) of the National Executive alleged to have violated Section 24, Sub-Section 7 or Section 25, Sub-Section 5 (n) will be provided a copy of the allegation and a letter from the National President indicating the member(s) making the charge, the member(s) charged and any witnesses have the right to appear before the Investigation Committee. The letter shall also contain information of the Investigation Committee makeup and its mandate.
  5. The Investigation Committee shall conduct interviews with the member(s) making the charge(s), the member(s) charged and any witness(es).
  6. The Committee shall be responsible for preparing its report that shall consist of one or two parts depending on whether the charge(s) are upheld by the Committee.
  7. Part I will include a finding of fact that either confirms or not that the member(s) of the National Executive have violated either Section 24, Sub-Section 7or Section 25, Sub-Section 5(n).
  8. Part II will recommend the specific disciplinary action in the event that the Committee finds the Vice-President of the Region(s) have violated the Constitution of the Public Service Alliance of Canada or the Union's Bylaws. Disciplinary actions could include removal of office or suspension of membership while Section 25, Sub-Section 5(n) violations include a fine in accordance with Section 25, Sub-Section 3.
  9. The Committee’s findings and recommendations shall be submitted to the National President and, if disciplinary action is recommended, the National President shall advise all parties (less witnesses) identified in the Investigation report of the outcome of its investigation. A letter outlining their rights that include the right to have a representative and to attend the meeting with no voice or vote as well as information regarding location and time of meeting shall be sent. A copy of the Investigation Committee report shall also be included.
  10. The Committee’s report shall be placed before the National Executive in two parts. Part I of the report cannot be amended however is subject to a simple majority vote to receive it. Part II of the report shall be subject to the acceptance of two-thirds (2/3) of the ballots cast (less spoiled ballots). The member(s) making the charge(s) and the member(s) charged shall be denied voice and vote during the decision-making process.
  11. If the National Executive accepts a recommendation of removal from office, the National President shall convey in writing that decision to the member(s) concerned and their right to submit an appeal to the National Board of Directors of the Public Service Alliance of Canada as required by Regulation 19, Section 7 (f) of the Constitution of the Public Service Alliance of Canada. The notification shall also include that the Vice-President of the Region cannot act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.
  12. If the Vice-President of the Region(s) choose to submit an appeal, they shall submit a written notice to appeal to the National Board of Directors of the Public Service Alliance of Canada within sixty (60) calendar days of receipt of the disciplinary notification.
  13. Upon receipt of an appeal, the National Board of Directors of the Public Service Alliance of Canada will establish a Tribunal as outlined in Regulation 19, Sections 12, 13 and 14 of the Constitution of the Public Service Alliance of Canada.
  14. If the National Executive accepts a recommendation to suspend or expel from membership, the National President shall convey in writing that decision to the Vice-President of the Region(s) and the appeal rights of the Vice-President of the Region(s) in accordance with Regulation 19, Section 12 of the Constitution of the Public Service Alliance of Canada.
  15. The National President shall also submit such recommendation to the National Board of Directors of the Public Service Alliance of Canada together with all relevant documentation.
  16. If the decision to suspend or expel from membership is upheld by the National Board of Directors of the Public Service Alliance of Canada, the Vice-President of the Region(s) shall have the right to submit an appeal in accordance with the provisions laid out in the notice of the National Board of Directors’ decision.

1306-06 - Since the Chairperson of the membership meeting held to recommend suspension of any member(s) cannot vote in any decision making process, he/she shall be the Component's representative during any appeal process meeting the requirements of Regulation 19, Article 12(b) of the Constitution of the Public Service Alliance of Canada.

1306-07 - All disciplinary procedures under this Regulation must be completed by the responsible body within one (1) year of the completion of the strike.

Report on Strike Discipline

1308-01 - The National President shall be responsible to meet the Component requirements of Section 25, Sub-Section 7 of the Constitution of the Public Service Alliance of Canada.

1308-02 - To facilitate the Component's requirement to meet the provisions of Section 25, Sub-Section 7 of the Constitution of the Public Service Alliance of Canada, the Vice-Presidents of the Regions shall apply the following steps to compile their report:

  1. All Locals within a four (4) month period following a strike situation shall provide a written report to their respective Vice-President of the Region of the steps taken by the Local to meet its obligation of Article 5 of these Bylaws.
  2. All Locals within a four (4) month period following a strike situation shall provide a written report to their respective Vice-President of the Region of the remaining steps to be taken by the Local to meet its obligations of Article 5 of these Bylaws.

1308-03 - The Vice-Presidents of the Regions will compile a regional report that shall include details of disciplinary action undertaken by the Locals and the steps that have been taken to ensure that the disciplinary action is taken. The Vice-Presidents of the Regions shall submit that report to the National President within a five (5) month period following a strike situation.

1308-04 - The National President shall prepare a full report and submit to the Alliance Executive Committee within six (6) months of any strike situation.

Regional Conferences and Education

1601-01 – Regional conferences shall be organized at the request of the Locals within the region. The Locals shall be required to submit agenda items.

1601-02 – Education sessions shall be organized at the request of the Locals within the region. The Locals shall provide information regarding content, number of participants and approximate costs.

1601-03 – Upon receipt of requests from Locals, the Vice-president of the Region or the designate shall prepare a detailed business case for the National President’s approval.