REGULATIONS TO BYLAWS

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 - 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 disciplined under 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 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 identi­fying 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 author­ity 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 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 con­cerned. The Locals concerned may appeal the findings of the National President and the Vice-President to the National Executive whose decision shall be final and binding on all parties concerned.

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:

(a) delegates’ seats shall automatically be established for each member of the National Executive (except the National President--see 1116-03);

(b) each region shall be entitled to a minimum of one (1) delegate;

(c) 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.

Discipline

1301-01 - These assets shall remain in trusteeship until the National Executive or its representative investigates and adjusts the problem and its cause. Such investigation is to begin within seven (7) calendar days of the beginning of the trusteeship.

1303-01 - All expenses associated with taking disciplinary action against a Local shall be the responsibility of that Local; in the event that the Local does not have sufficient funds, the same shall be advanced to the Local by the Union as a loan to be repaid in accordance with terms laid down by the National Executive.

1303-02 - Notwithstanding the fact that the Local does have sufficient funds, the National President may, if considered more practical, pay from Union funds any or all expenses and recover same from the Local in accordance with -01 above.

1303-03 - When a Local is not found to be guilty of any infraction of the Bylaws, all costs incurred should be absorbed by National Office. Costs are to be kept to a minimum in these disciplinary cases no matter what the charge.

1303-04 - The National Office shall keep accurate and substantiated records of all such expenses paid by the Union .

Disciplinary Procedure - Member

1303-05 - The procedure for handling disciplinary charges at the Local level, other than those dealing with harassment, shall be as follows:

(a) All charges against a member shall be in writing, signed by a member or members making the charge(s), and shall be submitted to the Local who shall ensure that a copy is submitted to the member(s) concerned and the Vice-President of the region at the same time.

(b) The Local shall within seven (7) calendar days, make every effort to resolve the matter informally. Within ten (10) calendar days, the Local shall notify the Vice-President of the region in writing, whether the issue has been resolved or if it will proceed to the next step.

(c) If the matter is not resolved within the seven (7) calendar days, the Local shall establish an internal or external impartial review committee consisting of three (3) people to investigate and assess the charge(s) within the next thirty (30) days, including receipt of oral and written evidence. Any member involved shall not be a member of the committee established to investigate the charge(s).

(d) The member(s) making the charge(s) and the member(s) charged will be afforded the right to appear before the Committee and shall be entitled to have present with them, at their own expense, a representative of their choice.

(e) The Committee’s findings and recommendations shall be submitted to the Local Executive and, if disciplinary action is recommended, the Committee’s report shall be placed before a special or general meeting of the Local and shall be subject to the acceptance of two-thirds (2/3) of those members in attendance; except only that the member(s) initiating disciplinary action against another member(s), and the member(s) charged shall be denied voice and vote during the decision-making process.

(f) Reports of the Committee shall consist of one or two parts depending on whether the charge(s) are upheld by the Committee:

Part I: will include a finding of fact that either confirms or not that the member(s) have violated the Constitution of the Public Service Alliance of Canada or the Bylaws of either the Public Service Alliance of Canada Regional Council, the Union or the Local. This part of the report cannot be amended, however is subject to a simple majority vote to receive it;

Part II: would recommend the specific disciplinary action in the event that the Committee finds that the member(s) have violated the Constitution of the Public Service Alliance of Canada or the Bylaws of either the Public Service Alliance of Canada Regional Council, the Union or the Local.

(g) If the Local meeting accepts a recommendation of removal from office, the Local Executive shall convey that decision to the member(s) concerned together with a copy of the Committee’s report (Parts I and II) and a written notice that an appeal may be submitted to the National Executive.

(h) If the member(s) choose to submit an appeal, the member(s) shall submit a written notice to appeal to the Local within sixty (60) calendar days of receipt of the disciplinary notification. The Local shall supply the Vice-President of the region with a copy of all documentation including the written charge(s), the Committee’s report (Parts I and II) and the written notification of the right to appeal. The Vice-President shall, after ensuring the procedure has been followed, forward all information to the National President. The member(s) are not eligible to act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.

(i) 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.

(ii) All expenses for the appellant(s) and any witness(es) 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.

(i) If the Local meeting accepts a recommendation to suspend or expel from membership, the Local Executive shall forthwith advise the Vice-President in writing and provide the latter with all relevant documentation including the written charge(s), the Committee’s report (Parts I and II) and the written notification of the right to appeal. The Vice-President shall, after ensuring the procedure has been followed, forward all information to the National President. 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.

(j) 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 Procedures - National Officer

1303-06 - The procedure for handling disciplinary charges against any elected officer of the Union’s National Executive, other than those dealing with harassment, shall be as follows:

(a) Any and all charges shall be placed in writing and signed by the member(s) making the charge(s).

(b) The written charge(s) shall contain all relevant information, specifically who is involved, where the alleged incident took place, the reasons why, what transpired, all dates and times applicable, and the names of any and all witnesses.

(c) The member(s) making the charge(s) shall ensure copies of the charge(s) are provided to the National Officer(s) against whom the charge(s) have been made and to the National President, at the same time. If the charge(s) have been made against the National President, they shall be submitted in writing to the Executive Vice-President. If the charge(s) have been made against both the National President and the Executive Vice-President, they shall be submitted in writing to a member of the National Executive against whom the charge(s) have not been made.

(d) The National President shall appoint an internal or external impartial review Committee of three (3) people to investigate and assess the charge(s) and receive evidence. If the charge(s) have been made against the National President, the National Executive officers against whom the charge(s) have not been made shall then appoint an internal or external impartial review Committee of three (3) people to investigate and assess the charge(s) and receive evidence.

(e) Both the officer(s) charged and the member(s) making the charge(s) will be afforded the right to appear before the Committee.

(f) The Committee’s findings and recommendations shall be submitted to the National Executive and, if disciplinary action is recommended, shall be subject to acceptance by a two-thirds (2/3) majority vote of those officers against whom the charge(s) have not been alleged. (An) officer(s) initiating disciplinary action against another or other officer(s), and the officer(s) charged shall be denied voice and vote during the decision-making process.

(g) Reports of the Committee shall consist of one or two parts depending on whether the charge(s) are upheld by the Committee:

Part I: will include a finding of fact that either confirms or not that the officer(s) have violated the Constitution of the Public Service Alliance of Canada or the Bylaws of either the Public Service Alliance of Canada Regional Council, the Union or the Local. This part of the report cannot be amended, however is subject to a simple majority vote to receive it;

Part II: would recommend the specific disciplinary action in the event that the Committee finds that the officer(s) have violated the Constitution of the Public Service Alliance of Canada or the Bylaws of either the Public Service Alliance of Canada Regional Council, the Union or the Local.(h) If the recommendation is to remove from office, written notice to that effect shall be given to the officer(s) concerned together with the notice that an appeal to the National Board of Directors of the Public Service Alliance of Canada may be lodged.

(i) If the officer(s) choose to submit an appeal, the officer(s) 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. Theofficer(s) are not eligible to act in an official capacity upon receipt of the disciplinary notification and throughout the appeal period.

(i) Upon receipt of an appeal, a three (3) person tribunal empowered to hear appeals shall be established. The Tribunal shall be comprised of a representative of the appellant(s)’ choice, a representative of the appropriate Public Service Alliance of Canada body and a third independent person agreed to by both parties or appointed by an appropriate labour organization such as a Canadian Labour Congress affiliated union, a Federation of Labour or the Canadian Labour Congress, as determined by the Alliance Executive Committee of the Public Service Alliance of Canada.

(ii) The Tribunal shall be established within a two (2) month period, unless the time frame is extended by mutual agreement, and will be responsible for conducting an investigation to determine the merit of the appeal. The decision of the Tribunal will be binding on all parties to the appeal.

(iii) All parties will be responsible for their own expenses, except that if the appeal is successful, the appellant(s) may be entitled to reasonable expenses as determined by the National Board of Directors of the Public Service Alliance of Canada. Such expenses shall be paid by the applicable level of the Public Service Alliance of Canada.

(iv) The expenses of the member of the Tribunal appointed by the appellant(s), including any per diem or salary required, shall be borne by the appellant(s).

(v) All parties shall normally be responsible for expenses incurred as a result of testimony from the witness(es) they wish to call. However, where the appeal is upheld, the appellant(s) may, in extenuating circumstances, request full or partial payment of reasonable expenses incurred by the witness(es) for the appellant(s). Such expenses, whose reasonableness shall be determined solely by the National Board of Directors of the Public Service Alliance of Canada, shall be paid by the applicable level of the Public Service Alliance of Canada.

(j) If the recommendation is to suspend or expel from membership, the National President shall submit such recommendation to the National Board of Directors of the Public Service Alliance of Canada together with all relevant information.

(k) 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 officer(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 - National President

Disciplinary Procedure - Harassment

1303-07 - The procedure for handling harassment complaints shall be in accordance with the “UNDE Harassment Policy”.

CLICK HERE FOR POLICY GUIDELINES