Bylaws

 

 

UNIFOR CANADA

LOCAL 433

 

 

 

ARTICLE 1

Name

 

  1. This Local Union shall be known as LOCAL 433 (hereinafter referred to as the Local) of Unifor Canada (Hereinafter referred to as the National).

 

 

ARTICLE 2

Purpose

 

  1. The purpose of this Local is to improve the wages, working conditions and living standard of its’ members, and to promote unity and harmony among all sections of organized labour.

 

 

ARTICLE 3

Jurisdiction

 

  1. The jurisdiction of Local 433 shall embrace all workers employed in establishments as decided in conformity with the National Constitution.

 

 

ARTICLE 4

Meetings

 

  1. The General Meeting of the Local shall commence at 8:00 P.M. on the third Thursday of each month at a place designated for the purpose. There shall be no General Meetings in the months of July and December.
  2. The Local Executive Board And Executive Committee shall meet preceding the General Meeting of the Local, or oftener if necessary.
  3. Special Executive Board and Executive Committee Meetings may be called by the President and / or Business Agent or by a majority of the Executive Board and Executive Committee members.
  4. Special Local Membership Meetings may be called by the President or a majority of the Local’s Executive Board or Executive Committee members or by a petition of 10% of the Local’s membership.
  5. Special Plant or Plant Unit Meetings may be called by the Plant Committee and / or the Business Agent or, for plants with 100 members or less, by a petition of 50% of the plant members. For plants with more than 100 members, it will require a petition of 50% of the first 100 members and 10% of all those in excess of 100. The location and time of any such meetings will be decided by the Plant Committee and Business Agent.For meetings that are called as a result of a member’s petition, members must both print and sign their names. The person’s name must be easily recognizable or the signature will not be counted. Any member signing such a petition, who does not show up at the meeting will be assessed a $50.00 assessment for their failure to show, unless they have not attended because they are working a regularly scheduled, non-overtime shift. In order for a petition to be valid, the top of each page of the petition must clearly state that signing members will be assessed $50.00 if they do not attend the meeting.
  6. Special meetings of Plants or Plant Units shall not discuss questions that concern the Local in its’ entirety.
  7. If available, the Business Agent shall attend all meetings called.

 

 

ARTICLE 5

Membership, Initiation Fees and Dues

 

Applicants for membership in the Local must comply with the following applicable Sections:

 

  1. All new members shall pay an initiation fee equal to the maximum permitted in the National Constitution except as modified in Sections 2 and 3 of this Article.
  2. Upon presentation of a withdrawal card or paid up Union Card from a Local of Unifor Canada, no Initiation Fee is payable.
  3. Upon presentation of a withdrawal card or paid up Union Card from any recognized Trade Union in Canada or the U.S., one-half of the regular Initiation Fee is payable.
  4. Applicants are required to present themselves for initiation at a time and place designated for that purpose. Failure to comply with this requirement will result in full membership being refused.Prior to initiation the new member shall not participate in any Union voting process.
  5. The monthly Union dues shall be three (3) hours pay per member. Any part time, casual, or temporary employees who, as part of their regular schedule, work less than 40 hours per month will pay dues on the following basis: three (3) hours pay upon completion of 40 hours’ work. A further three (3) hours pay upon completion of every one hundred and sixty (160) hours thereafter.Monthly dues are to increase by 1/4 hour when the per capita tax is raised by the National Union, as per Article 6.02.01.02 of the National Constitution. This 1/4 hour increase in monthly dues is to be rescinded when the extra per capita tax is rescinded by the National Union, again as per Article 6.02.01.02 of the National Constitution.Increases in the monthly dues shall be considered by the Executive Board and voted on at a regular General membership meeting.Notice of the vote will be placed on Plant Bulletin Boards.One dollar ($1.00) of the monthly dues shall be transferred to the Local Defence Fund.In the event a Temporary Dues Increase is required due to a National Appeal for Assistance for Unifor Canada Members on Strike or Lockout, the Executive Board and Executive Committee shall meet to set the amount and duration of the Temporary Dues Increase.A Notice is to be placed on bulletin Boards within the Plants advising members of the time and place of where the vote is to be taken.
  6. If any member of this Local has worked less than forty (40) hours in any given month due to illness (including Compensation Cases) or layoff, he / she shall be reimbursed, upon request, the dues paid for that month.
  7. For the purpose of organizing, subject to the approval of the Local, the Business Agent shall have the authority to accept to full membership any and all he may deem worthy of membership in this Local.
  8. When the Local Union accepts a National Representative into membership, then the Representative will pay monthly dues on a flat rate, to be determined by the Executive. A National Representative who is accepted into membership will have the status of an “honorary member”.

 

 

ARTICLE 6

Local Officers and Elections

 

  1. The ten (10) Officers of this Local shall be: President, Vice-President, Recording Secretary, Financial Secretary / Business Agent, Treasurer,  Three (3) Trustees, Inner Guard and Outer Guard.
  2. The above named Officers shall be known as the EXECUTIVE BOARD and shall be responsible for the operation of the Local when the Local is not in session.
  3. Nominations for candidates for this LOCAL EXECUTIVE BOARD shall be held at the General Membership Meeting in February of every second year except for the positions of Trustee and Financial Secretary / Business Agent. Nominations for the position of Trustee will take place in February of each year and nominations for the position of Financial Secretary / Business Agent will take place in February of every third year.
  4. No one plant may have nominated more than three seats on the Executive Board, and no one plant may have nominated all three positions at the “Head Table”, unless there are not enough members from other plants who have the required number of meetings to qualify to run for the Executive, who are willing to stand for election.
  5. Elections of the nominated candidates shall be held in all plants where this Local is certified, prior to the April General Meeting. Mail in ballots shall be allowed for plants outside of the Lower Mainland. These mail in ballots shall be sent to the Local office and will be counted with all other ballots received from plant elections, provided the mail in ballots are received prior to the counting of the regular ballots. If mail in ballots, are not received prior to the counting of the regular ballots, they will not be counted.Elections in the plants shall be conducted in the following manner:
    1. A sheet listing the candidates’ names, current Union Office and place of employment will be mailed out to the plants after the February General Membership meeting so that it may be posted on bulletin boards.
    2. Ballot boxes, ballots, checkoff sheets, instructions, and the sheet listing the candidates’ names, current Union Office and place of employment will be distributed to the plants as soon as possible after the February General Membership meeting. This material will be delivered to a member or members in each particular plant who will be in charge of the election. Whoever is conducting the election will take no part in any campaigning. The sheet listing the candidates’ names, current Union Office and place of employment will be present or available when members are casting ballots.
    3. If a candidate wishes to have other material distributed e.g. – campaign literature), they may have one (1) piece of literature distributed through the Local Union office, to the various plant sites, in the normal manner of distribution (e.g. – mailed to the Plant Committee or contact person in the plant). It will be up to the candidate to supply the information they wish to have distributed. While the Union office will not knowingly pass on false, misleading, or inaccurate information, the Union office will in no way be responsible for the accuracy of any information that is passed on. As well, no such information will be mailed out before February 1st.  This election material will not be present when members are casting ballots.
    4. The member or members who are delivering (and after balloting is     completed retrieving) the ballot boxes, ballots, checkoff sheets, and the sheet listing the candidates’ names, current Union Office and place of employment, will not be anyone who is actually running in the election. As well, the member or members who are conducting the election in the particular plants will not be anyone who is actually running in the election.
    5. All ballots must instruct the voter to “Mark your selection with an ‘X’ or ‘√’ checkmark. Failure to do so will result in a spoiled ballot.”
    6. The voting list shall be the latest check-off statement on file in the Local Union Office. These checkoff statements will be delivered with each ballot box and will be returned with each ballot box. In the event the latest check-off statement is not available, the plant seniority or shift list will be used.
    7. All members voting shall add their signatures or initials alongside their names on the checkoff statement.
    8. All ballots must be returned to the Local Union Office prior to the April Executive meeting.
    9. Candidates receiving the largest number of votes cast shall be declared elected. Where only one (1) member accepts nomination no voting is required. Such member shall be declared elected by acclamation.
    10. All ballots and voting lists shall be held until the next General Meeting of the Local at which time a motion to destroy the ballots shall be in order.
  6. Successful candidates shall be sworn in at the Regular General meeting in April and shall assume office at the conclusion of the April meeting. They shall remain in office for the duration of their term unless they resign or are recalled for cause.
  7. To be eligible as a candidate to this Board, a candidate must have been a member in good standing with the Local for one (1) year prior to nomination, and have attended at least six (6) of the regular General Meetings of the Local during the previous twelve (12) months. Current Board member candidates must have attended at least six (6) of the regular General Meetings of the Local during each year of their term. Credit will be given for the July and December general Meetings not held in compliance with Article 4 (1) of the By-Laws.
  8. Only members in good standing shall vote in any election.
  9. In case three (3) Trustees being elected at one time, one shall hold office for a period of three (3) years, one for two (2) years and one for one (1) year respectively, in direct number of votes cast for each. At the Annual Election of Officers a new Trustee shall be elected to replace the retiring or Senior Trustee.
  10. The election of Financial Secretary / Business Agent shall be for a three (3) year term.

 

ARTICLE 7

Committees and Shop Stewards

 

    1. The following guidelines will be used to determine the number of Plant Committee members in each plant.
      Up to 30 Members– 1 or 2 Plant Committee Members31 to 50 Members– 2 Plant Committee Members51 to 100 Members– 3 Plant Committee Members101 to 175 Members– 4 Plant Committee Members176 to 225 Members

      – 5 Plant Committee Members

       

      226 and Over

      – 6 Plant Committee Members

      Shop Stewards shall be elected or appointed as required.

      Plant sites in the Local Union shall endeavor to have their Plant Committee elections completed prior to the March General Membership meeting. However, if contract negotiations are in progress Committee elections will be postponed until the conclusion of negotiations.

    2. Shop Stewards shall be elected in the months of March and April of each year. Shop Stewards may also be appointed by the Plant Committee as required.
    3. The Plant Committee from each plant shall represent its’ plant in negotiations. The Local shall reimburse Committee members their pay lost while attending such meetings. Such reimbursement shall be at their regular rate of pay, and shall not include shift differential, premiums, or incentives. Committee members shall receive a daily allowance as stipulated in Article 8, Section 1.
    4. Plant Committee members shall form the EXECUTIVE COMMITTEE.
    5. Executive Board members and Executive Committee members are required to attend monthly Executive Meetings. Dinner will be provided for those in attendance at the Local’s expense.
    6. The decision as to whether or not to go to arbitration will be made by the Local Union Executive.
    7. The Business Agent (Or President in his absence) shall be able to conduct a Board Poll of the Executive Board in the following circumstances:
      1. When there is not a quorum at an Executive Meeting and a decision is needed
      2. When an Executive Board no opportunity to meet prior to when a decision is needed
    8. Local Executive Board and Executive Committee Members who in two (2) consecutive months, miss meetings without just cause, where their attendance is required, may be recalled by a General Meeting majority decision.
    9. The Local President shall select a three (3) member Disciplinary Committee to serve one (1) year terms.
    10. The Business Agent shall, once each year, select a relief person to fill in for vacations, etc.

 

 

ARTICLE 8

Delegates and Expense Allowance

 

  1. Delegates of the Local attending Conferences or Conventions that are held at locations where no travel or lodging expense is incurred shall receive their regular hourly rate for time lost, meal expenses, and parking fees. Plant Committee members and the Business Agent attending negotiations meetings shall receive the same allowance. Delegates attending Conferences or Conventions where no travel or lodging expense is incurred, or Plant Committee members attending negotiations, may waive their right to meal expenses and instead have the Business Agent purchase meals, for which the Local will reimburse.
  2. Delegates of the Local attending Conferences or Conventions that are held at locations where travel and lodging expense are incurred shall receive their regular hourly rate for time lost, a per diem equal to that in the National Constitution, Travel, standard hotel accommodation and registration fees.  Delegates attending Conferences or conventions held in the Vancouver area may, upon prior approval of the Executive Board, receive the same allowances and accommodation.
  3. To be eligible as a delegate to Conferences and Conventions, a member must have attended a minimum of six (6) General Membership meetings in the twelve (12) months immediately prior to the election held. Credit will be given for the July and December General meetings not held in compliance with Article 4 – Section 1 of the By-Laws. Delegates shall be elected at General membership meetings. Delegates receiving the highest number of votes shall be declared elected. The Business Agent and Local Union President will automatically be Delegates.
  4. The Recording Secretary will be excused from his normal work on a day following the monthly Executive and / or General meeting for the purpose of preparing the minutes and performing his other duties, and will be reimbursed his regular hourly rate of pay.
  5. Any member who is required to do work for the Local on a temporary basis, shall receive their regular rate of pay lost from their regular job. This payment shall not include shift differential, premiums, or incentives.

 

 

ARTICLE 9

Local 433 Staff Benefits

 

  1. The Business Agent’s salary shall be the equivalent to the highest negotiated rate paid in any plant covered by Local 433 Certification, based on a 40 hour work week.
  2. The Office Secretary’s salary shall be the equivalent to the highest negotiated general base rate paid in any plant covered by Local 433 Certification, based on a 40 hour work week.
  3. Local 433 Staff shall be covered by Health and Welfare Insurance Plans and Benefits as determined from time to time by the General membership. The costs for this coverage shall be borne by the Local.

 

 

ARTICLE 10

General Rules

 

  1. Five (5) members in good standing with this Local shall constitute a quorum at all duly called meetings of this Local.
  2. Five (5) members from the bargaining unit, or 25% of the total membership from the bargaining unit, whichever is less, shall constitute quorum at all bargaining unit meetings.
  3. No motion to dissolve or divide this Local shall be in order as long as five (5) members are in favour to continue the same.
  4. No member shall speak more than five (5) minutes on any motion unless by consent of the Local.
  5. No member shall be allowed to speak to a motion a second time while there are members requesting the floor who have not yet spoken to the motion under debate.
  6. When an Executive Board Poll is need it will be conducted as follows:All reasonable attempts to contact the Executive Board members and all Unit Chairs for their input and vote on the required decision will be made. Executive members that are also Unit Chairs will only be entitled to one vote. If a majority decision is not arrived at the remainder of the Executive Committee will be polled. In every case a time and date will be identified as to when input and vote will be closed.
  7. In the absence of the President, the Vice-President shall assume the entire duties of the President’s Office.
  8. Any appeals for funds to any organization, or any other monetary matters, shall come before the Executive Board for their consideration prior to a General Membership meeting.
  9. The Business Agent shall be a member of the Negotiating Committees and shall assist the Plant Committees in settling grievances when called upon to do so.
  10. All contracts, before being signed, shall be referred to the members concerned at a Special Meeting called for that purpose.
  11. The Negotiating Committee shall meet as a group and proof read all contracts before signing.11.      In the event an assessment is to be levied on the working members of the Local to support other Local members on Strike or Lockout, the Executive Board and Executive Committee shall meet to set the amount of the assessment. A notice is to be placed on the Bulletin Boards advising members of the time and place of the Assessment vote to be taken.
  12. Any member or members attending or taking part in a meeting not called or approved by this Local, where matters of a subversive nature to this Local are discussed, shall be subject to investigation by the Disciplinary Committee in accordance with Article 7 – Section 8.
  13. No bills or accounts shall be charged to this Local except with the approval of the Executive Board.
  14. Any member using obscene language during his or her remarks shall be ruled out of order forthwith.
  15. No member of this Local shall make any statement concerning the business of this Local to any news media without getting authorization from the Executive Board. However, where the interest of the Local is best served by the use of the news media, statements or releases shall be made by an Executive Board Member only.
  16. The Local Defense Fund shall be maintained and be used for the defense of Local 433.
  17. Withdrawal cards will be issued to any member in good standing upon request.
  18. Where no standing rules can be found in these By-Laws or in the National Constitution covering the operation of this Local, Robert’s Rules of Order shall be the guide.

 

ARTICLE 11

Picketing

 

Every member shall perform picketing duties as assigned by the Local’s Executive or Committee acting on behalf of the Local Executive. It is a violation of the By-Laws to fail, without reasonable excuse acceptable to the Local, to perform picketing duties.

 

 

ARTICLE 12

Oath of Membership

 

All new members, before being admitted to full membership, shall subscribe to the following oath of membership:

“I pledge my honour to faithfully observe the constitution and laws of this Union; to comply with all the rules and regulations for the government thereof; not to divulge or make known any private proceedings of this Union; to faithfully perform all the duties assigned to me; that I will not wrong a member or see him or her wronged if in my power to prevent; to so conduct myself at all times as not to bring reproach upon my Union; and at all times to bear true and faithful allegiance to the Communications, Energy, and Paperworkers Union of Canada.”

Do you pledge your word in the presence of these witnesses that you accept this obligation? Your pledge will be remembered.

 

AMENDMENTS TO BY-LAWS

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To amend these By-Laws requires a Notice of Motion by five (5) members in good standing with the Local. The Notice of Motion shall be presented to the General meeting of the Local by being read out only the first month.

It shall then be returned to the table to become the first item under Unfinished Business at the next following General membership meeting, at which time it shall be read and debated upon.

It shall then be returned to the table to become the first item under Unfinished Business at the next following General meeting, at which time it shall be read out, debated, and voted upon by the Members in attendance.

To be accepted it must have a majority of two thirds (2/3) of the total votes cast. If it is defeated it shall close the issue.

All previous rules and regulations are hereby repealed.

 

AMENDED AND APPROVED

 

May 1975                                November 1997                          September 20 2012

March 1976                             May 1998

September 1981                      March 2000

April 1990                                March 2001

May 1990                                September 2001

August 1993                           August 2004

August 1995                           March 2005

September 1995                      September 2006

January 1996                          June, 2007

 

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