Constitution

TABLE OF CONTENTS                                                             PAGE 

  1. PREAMBLE 3
  2. OATH FOR A UNION OFFICER  3
  3.        I JURISDICTION                                                      4
  4. II CLARIFICATION OF TERMS                              4
  5. III THE UNION’S SEAL                                              4
  6. IV OBJECTIVES                                                          5
  7. V DUES                                                                         7
  8. VI MEETINGS                                                              8
  9. VII        OFFICERS OF THE UNION                                10
  10. VIII COMMITTEES                                                     14
  11. IX BOARD OF INQUIRY                                           19
  12. X FINANCES                                                              21
  13. XI ELECTIONS                                                            21
  14. XII CONTRACT RATIFICATION                              23
  15. XIII MERGER/AMALGAMATION                            23
  16. XIV AMENDMENT TO THE CONSTITUTION

                        AND BY-LAWS                                                       24

 

     BY-LAWS TO THE CONSTITUTION                                  24

  1. I FINANCIAL BY-LAWS                                        24
  2. II GENERAL BY-LAWS                                           28
  3. III VOTING BY-LAWS                                               30
  4. IV CONTRACT RATIFICATION BY-LAWS           31

 

 

 

 PREAMBLE

Because the history of workers has been but the record of constant struggle against oppression by the wealthy and powerful;

And because wealth, with its accompanying power, is becoming more and more concentrated in the hands of the few;

And because the organization of worker into trade unions is essential to the economic, social and political freedom of society and to the successful functioning of a democracy;

And because in union there is strength and workers are better able collectively to secure their fair share of the profits accruing from their toil;

The Union of Calgary Co-operative Employees is created in order to elevate the social and economic status of workers and, further, to advance the principles and practice of freedom and democracy for all.

OATH FOR A UNION OFFICER

I, ___________________________, do hereby sincerely pledge my honor to perform the duties of my office with strong principles and integrity as prescribed by the Constitution and By-Laws of the Union of Calgary Co-operative Employees.

I also pledge to act in the best interests of the Union and will maintain the confidentiality of all Union matters.

All this I solemnly promise with the full knowledge that to violate this pledge will cause me to be impeached.

THE OBLIGATION OF ALL MEMBERS

Each member makes the following pledge by virtue of becoming a member of the Union of Calgary Co-operative Employees.

I, do solemnly promise and pledge without any reservation or evasion to support the Constitution and By-Laws of the Union of Calgary Co-operative Employees. I will keep myself in good standing by paying all dues, fines and assessments as required. I will work to promote the best interests of the Union. I will not take the place of any member of this organization or any other union worker who may be locked out or on strike. I will not reveal the private business to anyone not entitled to know the same. I will not slander or abuse the officers, or the meeting of this Union. I will not repeat or condone any false or slanderous stories that may be circulated to injure a member, and will not knowingly wrong a member or see one wronged if in my power to prevent it. I will not appeal to any legal authority in matters pertaining to this Union until I have exhausted all means of redress provided by its laws. I will be considerate of others in word and action and will never discriminate against a fellow worker on account of race, religion, creed, color, sex, citizenship or national origin. I also promise to promote the cause of trade union principles, and defend freedom of thought whether expressed by tongue or pen, with all the power at my command.

I understand there is nothing in this obligation that will in any way interfere with my political or religious rights or that will in any way be inconsistent with my duties arising from any of the relations of life.

This obligation I take upon my honor, and solemnly promise to keep the same, as long as I remain a member of this Union.

I           Jurisdiction

Membership is open to all employees for whom the Union of Calgary Co-operative Employees has bargaining rights and/or for whom it seeks to have bargaining rights. .

II         Clarification of Terms

Within this Constitution, whenever the words “he”, “she”, “him”, “his” or “hers” appears, it will be construed as meaning any employee, male or female. Whenever the words “member” or “members” appear, it shall mean any person or persons covered by this Constitution. The Union of Calgary Co-operative Employees will be referred to as “the Union” or the “U.C.C.E.” and the Calgary Co-operative Association will be referred to as “the Employer” within the text of this Constitution and By-Laws.

III        The Union’s Seal

  1. The Union will have made a seal in the name of the Union of Calgary Co-operative Employees.
  2. The Seal will be in the care of the President or Secretary of the Union.
  3. The Seal will be applied to all documents of the Union requiring the same.

IV        Objectives

The aims of this Union are:

1.1   to conduct a union of all employees engaged through employment for whom the Union of Calgary Co-operative Employees has bargaining rights.

1.2     to organize, unite and assist persons without regard to race, creed, color religion, age, sexual orientation or national origin for the purpose of improving wages, hours, benefits and working conditions,

1.3     to maintain the status of exclusive bargaining agents for those persons employed within the previously defined jurisdiction and to process and resolve grievances and enforce legislated rules of the Province of Alberta and all other rights arising out of such collective bargaining relationships and to promote harmonious relations and an efficient operation,

1.4    to support research for the benefit of its members,

1.5    to advance and safeguard full employment, economic security and social welfare of its members, and all workers in general,

1.6     to protect and extend democratic institutions, civil rights and liberties and the traditions of social and economic justice of Canada,

1.7    to protect and preserve the Union as an institution and to perform its legal and contractual obligations.

1.8    to protect the Union from any and all corrupt influences and from the undermining efforts of all who are opposed to the basic principles of democracy and democratic unionism,

1.9    to acquire, receive, hold, manage, lease, convey, invest, expand or otherwise utilize the fund and property of this organization to fulfill the duties and to achieve the objectives of the organization as defined by the Constitution and By-Laws.

1.10   to negotiate terms and conditions of employment for employees

 

  1. It is the responsibility of every member of the Union:
  • to attend and participate in all General and Special General meetings as

work schedules and health permit,

  • to respond willingly and promptly to any questionnaires or surveys done

by the Union,

2.3    to participate in Union defined activities such as inquiries, rallies and

positions that have been authorized by the Officers, Steering Committee

or the membership, as much as work schedules and health permit.

 

  1. Every member because of their membership in the Union, may be subject to

disciplinary action for any one or more of the following:

  • violating any provision of the Constitution, By-Laws, or other established

rules of the Union,

  • failing to pay dues, fines, assessments, fees or other financial obligations in a

timely manner,

  • advocating or attempting to cause the withdrawal of any member or group

of members from the Union.

  • working for the interests of an/or accepting membership in any

organization that conflicts with the aims and responsibilities of the Union,

  • intentionally disrupting or causing to be disrupted the peace or unity of

any meeting of the Union or any designated part thereof and of any of

their duties,

  • embezzling, misappropriating, fraudulently receiving, wrongfully disbursing
  • the funds of the Union,
  • utilizing the name of the Union for the purpose of advertising or soliciting
    • funds or similar activities, except as provided for within the Constitution,
  • giving a complete or partial list of the membership of the Union to any

unauthorized person without the specific written authorization of the

President,

  • deliberately interfering or obstructing so as to prohibit any officer,

representative or member from fulfilling their duties or obligations in

regard to the Union,

3.10     deliberately engaging in behavior that violates the responsibilities of

members toward the Union as an institution,

  • crossing or working behind a legal picket line established by any union,

providing such picket line has been recognized or sanctioned by the

Executive Board of the Union,

  • performing any acts of insubordination against the authority of the Union,
  • deliberately interfering with the performance of legal or contractual rights

or obligations of the Union,

  • in the case of any officer or representative of the Union, failing to

faithfully perform the duties of said office or position, or accepting dual

compensation or expenses for the performance of duties related to such a

person’s office or position.

 

  1. Any member who has committed any one or more of the previously described

offenses may be disciplined by a Board of Inquiry as set out in the Constitution.

 

  1. No member will institute an action outside the Union against the Union, its

officers or its representatives without first exhausting all available resources or

remedies provided by the Union through the Constitution and other rules of the

Union.

 

 

  1. DUES

 

  1. All employees, subject to Article I, Jurisdiction, shall apply for and maintain

membership in the Union, subject to clause 2, within thirty (30) days of

commencement of her/his employment:

 

  1. Any employee who for religious or other personal reasons, objects to joining the

Union, shall not be required to join but shall, within thirty (30) days of

commencement of employment, come under the Rand Formula. Accordingly,

she/he shall sign a payroll deduction authority granting the Union the equivalent

dues of members in good standing;

 

  1. All members in good standing shall pay Union dues and thereby be entitled to all

Union benefits;

 

  1. All members shall be assessed Union dues on an equal basis in an amount as

determined by the membership at a Special General Meeting;

  • All dues shall be collected by payroll deduction on a bi-weekly basis;
  • Dues may not be increased or altered in any way except by a two thirds (2/3)

majority decision at a Special General Meeting called to consider same;

 

  1. A Special Levy shall apply to members;
  • A Special Levy shall be collected by payroll deduction;
  • A Special Levy may occur only once in each Union fiscal year;
  • A Special Levy must be approved by a two thirds (2/3) majority at a Special

General Meeting called to consider the same.

 

  1. An initiation fee, in an amount as voted on by the membership from time to time,

shall be assessed on all in-coming members and shall be payable by payroll

deduction over two pay periods, starting on the second full pay period after

employment is started;

  • The said fee shall be over and above regular Union dues.
  • The said fee shall remain the property of the Union and is not refundable.
  • If an employee is terminated and then re-employed within one (1) year, no

initiation fee shall be collected upon recommencing employment.

 

 

VI     MEETINGS

 

  1. General Meetings
  • Will be held on the second Tuesday of the month,

January, March, May, July, September, November.

  • In the event of a Special General Meeting or the Annual General Meeting

being called, the General Meeting for that month will be canceled.

  • These meetings will provide a forum for open discussion and general concerns of

the membership.

  • The quorum for general meetings will be fifteen (15) members.

 

At any General, Special General or Annual General if a quorum is not reached at the time of the meeting, the following will occur; the meeting will proceed until any matter comes up that needs voting on. If a quorum has not been reached at that time, then no voting can take place.

 

 

  1. Special General Meetings
  • A special general meeting may be called for the following purposes

(i)   to alter the amount of dues to be collected from the membership,

  • to enact a special levy on the membership,
  • to amend the Constitution,
  • to impeach an officer,
  • or any other reason as prescribed by the constitution.

 

  • A Special General Meeting may be called by the Steering Committee or the

Executive Board,

  • A Special General Meeting may be called by motion at any membership

meeting.

  • Notice of a Special General Meeting shall be posted on the appropriate

boards, no less than sixteen (16) days prior to the meeting.

  • Above stated notice must contain an agenda identifying the purpose or

proposed motions to be discussed at the Special General Meeting.

  • The quorum for Special General Meetings is fifteen (15) members.

 

  1. Annual General Meeting
  • The Annual General Meeting will review the Union’s actions during the

past year, through written reports from the Officers (President, Vice President, Treasurer, Recording Secretary, Chief Shop Steward and the Executive    Board) and all Committees,

3.2    All officers and committee members shall be elected at an Annual General                            Meeting except that where a vacancy occurs during a term of office, a replacement to fill the vacancy shall be elected at the Union’s next general or special general meeting provided that notice of the vacancy and of the election is given not less than twenty-one (21) days prior to the meeting and provided that the provisions of the Constitution & Bylaws governing nominations and elections are otherwise adhered to. The term of office of a person so elected shall be for the unexpired term of office of the person replaced.

  • The Annual General Meeting will be held in September.

 

  • All Annual General Meeting notices will be posted on the appropriate

bulletin boards no later than twenty-one (21) days prior to the meeting.

  • The quorum at an Annual General Meeting will be fifteen (15) members.

 

  1. Steering Committee Meetings
  • The purpose of steering committee meetings is;
    • to discuss and attend to the business of the Union,
  • a forum for concerns from members of the steering committee,
  • for committees to present proposed recommendations for

discussion.

  • These meetings will be held on the second (2nd) Tuesday of the month

  or as otherwise called by the President or the Executive Board.

  • The quorum for a Steering Committee Meeting will be nine (9) members

of the Steering Committee.

4.4 An emergency Steering Committee Meeting may be called by written

request signed by three (3) or more Steering Committee members.

 

  1. Executive Board Meetings
    • The purpose of Executive Board Meetings is to address special issues,
    • These meetings will be called on an as needed basis by the President,
    • The President will provide twenty-four (24) hours oral notice, followed by written confirmation of such meetings,
  • The quorum for an Executive Board Meeting will be three (3) members of

the Executive Board.

 

 

VII       OFFICERS OF THE UNION

 

  1. The President – will have the following duties;
  • Will be recognized as the head of the Union and as such shall oversee all

business affairs concerning the Union,

  • Shall have signing authority on Union cheques,
  • Will preside over all meetings (General, Special General, Annual, Steering and Executive Board), and if required will cast the tie breaking vote,

Will be responsible for organizing and maintaining the Bargaining

Committee,

1.4   Will be the chair and the chief spokesperson for the Bargaining

Committee,

  • Will prepare proposals to be presented at contract negotiations,
  • Will arrange meetings between committee members and the Employer,
  • Will have the authority to sign, on behalf of the Union, the Collective

Agreement,

1.8   Will be responsible for consultation with the membership concerning

matters pertaining to the Collective Agreement,

 

  • Will ensure adherence to the Constitution and By-Laws of the Union.

1.9   Will be responsible for the hiring and termination of personnel from

outside the Union (ie: temporary or short term employees), as per the

hiring procedures in the By-Laws,

1.10   Will represent the Union and Union interests at Union/Employee

Grievance hearings and will represent the Union and Union interests at

Arbitration hearings,

1.11   Will be the official Union representative at any function that is Union

supported or that is Union oriented,

1.12 Will receive concerns and complaints from the membership. She/he will

investigate deliberate and judge such complaints concerning Union

members. She/he will see that all such judgments are implemented and

carried out as quickly and as efficiently as possible. Where such

complaints are in writing, she/he will refer the matter to a properly

constituted Discipline Committee,

1.13 Will, if deemed necessary by the Officers, relieve a member of his/her

responsibilities of participating in Union business. This may be temporary

for the purpose of investigating a complaint or it may be a final decision.

Both are subject to an appeal to an appointed Discipline Committee,

  • Will be an ex-officio member of all committees, and will have the rights,

privileges and responsibilities of any said committee member, but will

only vote where necessary to break a tie,

1.15    Will ensure that all Union functions are adequately attended by appointing

a delegate to go in his/her stead if necessary,

  • Will deal with any legislative authorities as may arise,
  • This is an elected position that is elected in odd numbered years.

1.17    The holder of this position will be entitled to full time remuneration in

accordance with the By-Laws.

1.17   Will have a seat on the Shop Steward Appointment Committee.

 

  1. The Vice President – will have the following duties;
  • Will assist the President in the fulfilling of the Presidents duties and

obligations,

  • Will have signing authority in Union cheques,
  • Will assume the Presidents’ duties and obligations in the absence of the

President,

  • Will assist any member who may appeal to him directly or at the direction

of the President, Executive Board or Steering Committee,

  • Will be accessible to the General membership,

2.6   Will receive written complaints and cause to be formed a discipline

committee.

2.7 This is and elected position that is elected in even numbered years.

.

2.8 The holder of this position will be entitled to full time remuneration in

accordance with the By-Laws.

2.9 Will have a seat on the Shop Steward Appointment Committee.

 

  1. The Treasurer – will have the following duties;
    • Will oversee all the financial affairs of the Union,
    • Will be responsible for the administration of all Union funds in adherence

to the Constitution and, as directed by the Officers and/or the general

membership.

  • Receive all dues and other monies on the Union’s behalf from the Employer

and/or other sources of income,

  • Will deposit all income to the appropriate financial institution as specified

in the Constitution and By-Laws,

  • Will have signing authority on Union cheques,
  • Will cause to be prepared a monthly written statement for the general

membership and present it at all Steering Committee, General and Special

General meetings,

  • Will chair the Finance Committee,
  • In conjunction with accountant retained by the Union will;
  • document all income and expenditures,
  • issue receipts and such forms as may by required by Federal,

Provincial and Local authorities,

  • insure that all expenses incurred by the Union are paid,
  • insure that a timely payroll is prepared for all staff persons hired

by the Union.

(v) cause to be prepared an annual audited statement to be presented

at the Annual General Meeting,

  • In conjunction with the Finance Committee, will prepare a Budget for

approval of the membership at a Special General Meeting,

3.10   Will bring forth to the Finance Committee any special request or rate

circumstances for recommended action,

3.11   The holder of this position will be entitled to full time remuneration in

accordance with the By-Laws.

3.12   This is an elected position that is elected in even numbered years.

 

 

  1. The Recording Secretary – will have the following duties;

4.1     Will record all minutes of General, Special General, Steering Committee,

annual General and Executive Board meetings,

4.2     Will be responsible for the safe keeping and proper use of the Union’s

seal, any and all Union emblems, insignia, pins and identification cards,

4.3     Will place into the proper files, copies of the minutes from all meetings as

identified in 4.1,

4.4     Will insure the accuracy of all minutes,

  • Will keep accurate attendance records from said meetings,

4.6     Will chair the Newsletter Committee.

 

4.7     Will insure proper member notification of General, Special General and

Annual Meetings and of positions open for competition within the Union,

4.8   Will insure that the records of the Union maintained by the Alberta

Labour Relations Board are kept current,

4.9     The holder of this position will be entitled to full time remuneration in

accordance with the By-Laws.

 

5.0   This is an elected position that is elected in odd numbered years.

 

  1. The Sergeant – at – Arms – will have the following duties:

5.1   Will assist the President and the Executive Board in maintaining order at

all meetings,

5.2   Will ensure only authorized persons attend Union meetings,

5.3   Will inform the President or his designate of any visitors that need to be

recognized by the membership,

5.4   Will set up the meeting facilities and return them to order after the

meeting,

5.5   Is responsible for evicting anyone, member of guest, as directed by the

chair, from any recognized Union function for the following reasons;

  • drunkenness;
  • use of vulgar language;
  • lewd behavior;
  • general disruptiveness;
  • unauthorized attendance.

5.6   This is an elected position that is elected in odd numbered years.

 

  1. The Chief Shop Steward – will have the following duties:

Will oversee all the activities of all Shop Stewards,

6.1   Will ensure the proper training of new Shop Stewards and provide

periodical up-grading for existing Shop Stewards,

  • Will provide assistance to Shop Stewards in the course of their duties,

6.3 Will take over any situation from a Shop Steward in case of a conflict of

interest and duty,

  • Will ensure that any store without Shop Stewards will have access to

Union representation,

  • The holder of this position will receive full time remuneration in

accordance with the By-Laws,

6.5 This will be an elected position that is elected in even numbered years.

6.6   Will chair the Shop Steward Appointment Committee.

6.7   Will chair the Health and Safety Committee

 

 

  1. The Returning Officer – will have the following duties:
  • As directed by the membership, the Executive Board or the terms and

conditions of the Constitution and By-Laws, will cause a vote to occur.

  • Will arrange for appropriate polling stations,
  • Will arrange for all required materials to be provided at polling stations.
  • Will arrange for the appropriate scrutineers to be in attendance as

necessary,

7.5   Will be responsible for overseeing adherence to the Constitution and By-Laws

through out the voting or election processes.

  • Will be responsible for ensuring proper notification and posting

requirements are met.

  • Will receive, and in conjunction with the Elections Committee, will

determine the eligibility of candidates.

  • Will receive all complaints regarding irregularities of voting procedures.

In consultation with the Elections Committee, will determine the

appropriate action on such complaints.

  • Will present a report to the Steering Committee detailing all activities

surrounding each vote.

7.10    Will oversee the counting of all ballots and will report the results to the

Executive Board,

7.11    This is an elected position that is elected in even numbered years.

7.12    Will chair the Elections Committee.

 

  1. Officers’ Duties, Generally.
    • All officers of the Union are charged with upholding the Constitution, By-Laws

and the Collective Agreement.

  • All Officers of the Union are expected to attend meetings. If unable to

attend a meeting, Officers will contact the Union office to communicate

the ability to attend. Officers with three (3) or more unexcused

absences will be relieved of their position. This clause may be subject to

appeal through the Discipline Committee,

  • All Officers of the Union will take the Oath of an Officer and will sign a

written declaration of commitment;

  • Elected Officers will be sworn in at the next General or Special

Special General Meeting following their election.

  • Shop Stewards and appointed Officers will be sworn in at the time

of their acceptance.

  • Will be responsible for keeping themselves informed and up to date on all

Union and workplace activities.

  • Will be accountable to the President.
  • Will be accessible to the membership to assist them in work and Union

related matters.

  • Will act in a professional manner at all times.
  • Any Shop Steward or Officer of the Union who accepts a temporary or

permanent excluded position, for any length of time, will be required to

immediately tender his/her resignation as a Shop Steward or Officer. This shall

not include acting manager scenarios.

  • Any member who accepts a temporary or permanent excluded position, for any length of time, shall not be permitted to be a Shop Steward, Authorized Union Representative or Officer of the Union until he/she has permanently returned to the bargaining unit for no less than one (1) year.

 

VIII   COMMITTEES

 

  1. There shall be three (3) types of Committees;
  • Standing Committees
  • Pro tem Committees
  • Steering Committee

 

1.4 U.C.C.E. members shall only serve on Two (2) committees at any given time. The exception to this rule shall be when there are no other candidates for the vacancy on a committee.

1.5 The Executive Board shall not run for a position on a committee.

The exception to this rule shall be when there are no other candidates for the vacancy on a committee.

 

  1. The following are recognized as Standing Committees;
  • Executive Board
  • Bargaining Committee
  • Grievance Committee
  • Health and Safety Committee
  • Finance Committee
  • Newsletter Committee
  • Shop Steward Appointment Committee
  • Elections Committee

 

  1. The following are recognized as Pro Tem Committees;
    • Discipline Committee
    • Other Committees formed to address specific issues as directed by the

membership.

 

  1. The Executive Board
    • Shall consist of the following Officers of the Union;
  • The President

(ii) The Vice President;

(iii) The Recording Secretary;

(iv) The Treasurer;

(v) The Chief Shop Steward;

 

  • It is the responsibility of the Executive Board to insure the proper and adequate

operation of the Union;

  • The Officers shall have the authority to cause the Union to expend such funds as are

necessary to operate the Union;

  • The Executive Board will oversee all committees;
  • Where the Executive Board is to appoint members of a Standing

Committee, they shall follow the following procedure;

  • potential members shall be asked to submit a resume giving their

qualifications and relative information;

  • the appointed members shall come from the membership at large;
    • In the case of absence by an Officer member at any required Union

meeting or function, proper notification must be given by that Officer to

the President;

  • The President shall chair all Executive Board meetings.
  • May appoint replacement Officers and Committee members as needed on an interim basis.
  • The Officers shall have the authority to cause the Union to make loans to U.C.C.E. Land Holdings Inc. on any reasonable terms whatsoever, which loans shall be secured by Promissory note;
  • The officers shall have the authority to cause the Union to make gifts to U.C.C.E. Land Holdings Inc.;
  • The Officers shall have the authority to cause the Union to act as Guarantor on any third-party loan or mortgage related to U.C.C.E. Land Holdings Inc., and to enter any security or other agreements related to such third-party loan or mortgage, including, but not limited to, contracts of environmental indemnity.

 

  1. The Steering Committee
    • Shall consist of the following;
  • The members of the Executive Board;
  • The Returning Officer;
  • Shop Stewards;
  • The Sergeant-at-Arms;

 

5.2   The function of the Steering Committee is:

  • to provide a core representation of the membership;
    • to ensure proper and adequate operation of the Union.
  1. The Bargaining Committee

6.1 Shall consist of the following;

  1. The Bargaining Chair;
  1. Two (2) Bargaining Committee members elected at the Annual General Meeting for a four year term, to be elected in even numbered years.
  • Will act on behalf of all persons covered under the Bargaining Unit

Certificate wherever located and shall have the power to discuss,

negotiate and bargain collectively as the bargaining agent under the

Alberta Labour Code, with the employer, concerning all matters of work,

rates of pay, pension plan, social benefits, fringe benefits and all other                                benefits accruing to the employees in every aspect and matter;

  • The Bargaining Committee shall have the right to meet together privately,

to discuss ways and means of furthering the purpose and shall have the

right to appoint one or more of its members to directly approach the

Employer and to negotiate with the Employer concerning all matters

recognized to be within the field of Collective Bargaining, and any

collective agreement recommended by the Bargaining Committee shall be

referred back to the full membership of the Union for ratification, and if

ratified by a majority fifty (50) percent plus one of the voting membership

of the Union shall be valid, enforceable and binding upon every member

of the Union.

 

  1. The Grievance Committee
    • Shall consist of the following:
  2. The President;
    1. The Vice President;
  • The Chief Shop Steward;

 

 

  • The President shall have the authority to settle or to decline to process any

employee grievance, if in her/his judgment such grievance lacks merit;

  • The grievor(s) may appeal such a decision to the Grievance

Committee provided that such appeal is in writing and presented

within seven (7) days;

  • Such appeals may be presented to any member of the Grievance Committee;
  • Any member of the Grievance Committee receiving such an

appeal is obligated to present it to the committee immediately.

 

7.3   Either party (the President or the grievor) may appeal the above decision

to the General Membership.

 

  1. The Health and Safety Committee
    • Shall consist of the following;
  1. i) The Chief Shop Steward , who shall chair the Committee;

(ii) Four elected members from the general membership elected at the Annual

General Meeting for a four (4) year term, two (2) to be elected in even

numbered years, and two (2) to be elected in odd numbered years.

 

  • The Committee shall undertake to promote good and safe working

conditions with respect to health and safety;

  • Shall ensure all municipal, provincial and federal regulations pertaining to

health and safety implemented and adhered to;

  • Shall meet four (4) times a year or as deemed necessary of the Chair;
  • Shall endeavor to supplement safety training and procedures as are

initiated by the Employer.

 

  1. The Finance Committee
  • Shall consist of the following;
    • The Treasurer, who shall chair the Committee,
    • Four elected members from the general membership elected at the

Annual General Meeting for a four (4) year term, two (2) to be elected in                                                 even number years, and two (2) to be elected in odd numbered years.

(iii)    to advise the Executive Board on the long and short term financial

concerns of the Union,

  • in conjunction with the Treasurer, to oversee the

financial status of the Union,

(v)  in conjunction with the President, Treasurer and standing

committee chairs, and with the assistance of other resources

(accountant, legal counsel, etc.) prepare or cause to be prepared,

an Annual Budget for the Union. This budget will be presented to

the membership at a Special General Meeting, prior to April 30 of

each year.

  • to receive requests for the use of funds and make recommendations

to the Executive Board regarding such requests,

  • shall prepare a written report for each Special General Steering

Committee or General Meeting,

  • shall meet as required,
  • shall assist the Treasurer in preparing an Annual Audited Statement.

 

  1. The Elections Committee
  • Shall consist of the following;
  • The Returning Officer, who shall chair the Committee
  • Four (4) Committee Members, two (2) elected in odd numbered years, and two (2) elected in even numbered years.

 

 

10.2   This Committee shall be responsible for overseeing and causing to occur

any vote, in the manner dictated by this Constitution;

 

  1. The Discipline Committee
    • Shall consist of the following;
  2. The Vice President
  1. One member of the Executive Board,

iii)   Three members of the Steering Committee, appointed by the

Vice President, using a blind draw;

  • Shall be formed to investigate and recommend the presentation of charges

to a Board of Inquiry.

  • Shall be formed upon receipt of a complaint of the violation of duties or

responsibilities as defined in the Constitution,

  • Shall undertake, as quickly as possible, an investigation of such a

complaint.

  • Within twenty one (21) days of receipt of the complaint, shall make a written

report to the Executive Board advising of their findings and of the

necessity to form a Board of Inquiry.

  • If a Board of Inquiry is recommended, the Committee shall choose from

among their members a representative to present the case to the Board of

Inquiry.

  • Shall be disbanded upon formation of a Board of Inquiry or resolution of

the issue.

  • A complaint must be presented in writing to any member of the Executive

Board within fourteen (14) days of the alleged violation or reasonable

knowledge of the violation, detailing the specific allegation.

  • In the case of an allegation being made against the Vice President, the

Executive Board will appoint a chair to oversee the Discipline Committee.

 

  1. The membership is the highest authority.
  2. The Newsletter Committee
    • Shall consist of the following;
  • Chair-The Recording Secretary
  • Four (4) Newsletter Committee members elected at the Annual

General Meeting for a four (4) year term. Two (2) members in

odd numbered years, and two (2) members in even numbered

years.

  • Shall be responsible for the production and distribution of the

Union Newsletter.

  • Shall produce the Union Newsletter as determined by Chair.
  • Shall send to members addresses, when determined by Committee.

13.4    Shall meet as determined by Chair Person.

 

  1. Shop Steward Appointment Committee
    • Shall consist of the following:
  • President
  • Vice President
  • Chief Shop Steward
  • In the absence of one (1) of the above listed three (3) Executive

Members, then one (1) of the remaining Two (2) shall sit in

their absence.

  • This Committee shall be responsible for the appointment of Shop Stewards.
  • This Committee shall have the authority to relieve current and future Shop Stewards of their Steward duties if deemed necessary by said Committee.

 

IX     BOARD OF INQUIRY

  1. A Board of Inquiry will be formed on the recommendation of the Discipline

Committee.

 

  1. The Board of Inquiry has the jurisdiction to impose discipline in the form of

expulsion, suspension or fines not exceed four hundred ($400.00) dollars.

 

  1. Will consist of the members of the Executive Board except any member of the

Executive Board who has served on the Discipline Committee;

  • A quorum of three (3) members will be required.
  • In the event that any members of the Board of Inquiry is unable to perform

in this capacity due to illness, vacation, or conflict of interest, the

remaining members will choose a replacement from the Steering

Committee by means of a blind draw.

 

  1. The President will chair the Board,
    • In the event that the President is unable to perform in this capacity, the

members of the Board of Inquiry will choose a chair from amongst

themselves.

 

  1. Upon the recommendation being made to convene the Board, the President will;
    • Convene the Board,
    • Arrange for a hearing date,
    • Arrange a suitable meeting place for the hearing,
    • Within thirty (30) days of receiving the complaint, inform the member

being accused, in writing, of the following;

  • the specific charge being laid,
  • the date, time and place of the hearing
  • the right to defend and present evidence in his/her defense at the

hearing;

(iv)   the right to have representation at the hearing,

  • the process of presentation to the board,
  • both parties (the accused and the Discipline Committee)

representative will present their case to the Board, with the

Discipline Committee representative proceeding first,

  • both parties will have the right to cross examine evidence

presented,

 

  1. The Board will seek clarification on any issue if necessary.

 

  1. The Board will meet privately to deliberate and will provide to the Steering

Committee, for their information, a decision within fourteen (14) days of the

close of the hearing.

 

  1. Within seven days (7) of presentation to the Steering Committee, the decision, in

writing, will be communicated by double registered mail to the member who

was accused.

 

  1. The Executive Board will endorse the decision as soon as possible after the

accused has been notified,

 

  1. The accused will have the right to initiate an appeal of the decision to any

General, Special General, or Annual General meeting,

 

  1. The process for appeal to the membership will be as follows:
    • The member will contact the Recording Secretary to make a motion in

writing stating the grounds of the appeal. This motion must clearly state

the specific portion(s) of the decision the appellant seeks to overturn.

  • The appellant will present his/her case to the membership.
  • The Discipline Committee will present its case to the membership,
  • The appellant’s motion will then be voted on the decision of the Board

of Inquiry may be overturned provided the motion is carried by a two

thirds (2/3) majority of those voting at the meeting.

  • Appeals must be initiated within ninety (90) days of notification to the

accused of the decision.

 

  1. In the event that the Board of Inquiry has convened to consider allegations against

the President, the Executive Board will appoint a Chairperson.

X         FINANCES

 

  1. Honorariums will be paid out at the end of the fiscal year,
    • The following positions will be paid an honorarium, in an amount as

determined by the membership in the By-Laws.

  • Newsletter Committee Members
  • Health and Safety Committee Members
  • Bargaining Committee Members
  • Sergeant at Arms
  • Returning Officer
  • Finance Committee Members
    • If an executive member’s term is not completed, honorariums will be

prorated to reflect the amount of time served in the position.

  • Special Honorariums will be paid on the recommendation of the Finance

Committee, subject to approval of the Steering Committee.

  • The above Special Honorariums will be paid upon completion of the

service to the Union.

  • Special Honorariums will be reported in the Annual Report.

XI           ELECTIONS

 

  1. All persons elected to office shall serve a four (4) year term, or until their successors are elected.

 

  1. The following members are elected in odd numbered years;
    • President
    • Recording Secretary
    • Sergeant at Arms
    • Two (2) Newsletter Committee members
    • Two (2) Finance Committee members
    • Two (2) Elections Committee members
    • Two (2) Health and Safety Committee members

 

  1. The following positions are elected in even numbered years;
    • Vice President
    • Treasurer
    • Chief Shop Steward
    • Returning Officer
    • Two (2) Bargaining Committee members
    • Two (2) Newsletter Committee members
    • Two (2) Finance Committee members
    • Two (2) Elections Committee members
    • Two (2) Health and Safety Committee members
  2. Qualifications for elected positions will be as follows;

4.1   Executive Board positions;

  • Must be a member in good standing for a minimum of three (3)

years;

  • Must have a minimum of two (2) years’ service as a Shop Steward;
  • Must have a minimum meeting attendance at all General Meetings, including Special General Meetings of seventy percent (70%) for a one (1) year period immediately preceding the Annual General Meeting or such other meeting at which an election is held to fill a vacancy on the Executive Board;
  • You can only submit your name for one (1) Executive position per meeting called to fill such Executive Board positions;
  • No Executive Board member shall be eligible to be nominated for election, nor elected to any other Executive Board position while holding an Executive Board position, unless;

The term of office of the Executive held by such Executive Board member expires before or at the meeting at which the election is held; or unless the nomination papers filed are accompanied by the Executive Board member’s written resignation from the Executive Board position held. Such resignation to be effective not less than fourteen (14) days prior to the election meeting.

  • You cannot have the status of a bankrupt
  • While in any Executive Board Position, should you become a status of bankrupt, you must vacate/resign from your Executive Board Position immediately.
  • Must have own vehicle.

 

  • All other positions;
  • Must be a member in good standing for a minimum of one (1)

year.

4.3     Shop Stewards

  • Must be a member in good standing.
  • Any member who accepts a temporary or permanent excluded position, for any length of time, shall not be permitted to be a Shop Steward, Authorized Union Representative or Officer of the Union until he/she has permanently returned to the bargaining unit for no less than one (1) year.
  • When appointment of Shop Stewards is necessary, Chief Shop Steward will post notice in the affected locations.
  • Interested members will be required to submit their name to the Shop Steward Appointment Committee for consideration.

(v)               All applicants will be notified of the outcome by the Shop Steward Appointment Committee.

  • Leave of Absence Over Thirty (30) Days

When any member is on an approved leave from Calgary Co-op (except a Union leave) or absent from work due to discipline, (and thereby incapable of performing their position duties) the member will also be on leave from any Union position(s) they may hold until either:

  1. The member returns to work, or,
  2. The position term expires and is filled through the normal election process.

 

  1. The Returning Officer, in conjunction with the Elections Committee, will       determine candidate eligibility, based on the above qualifications.

 

  1. The process for nominations will be as follows;
    • Any member or the Elections Committee can nominate an eligible

member for any position.

  • Nominations will be submitted to the Returning Officer;
  1. Nominations for the President, Vice President, Chief Shop Steward, Treasurer and Recording Secretary must be submitted fourteen (14) days prior to the election.
  • Nominations will be accepted from the floor at the election for all other positions. These nominations will require a seconder at the time of nomination.

 

  1. Once the meeting has been turned over to the elections committee, the attendance book(s) shall be marked with a line under the name of the last member to enter prior to the meeting being turned over to the elections committee. At that time, no further ballots will be issued. Any members leaving before the elections have finished shall turn their unused ballots over to a member of the elections committee.

 

XII         CONTRACT RATIFICATION

 

  1. Contract ratification votes will be called as required by the Bargaining Chair.
  2. Results will be communicated to the membership as quickly as possible.
  3. Ratification will require a simple majority (fifty (50) percent plus one (1) vote.)
    1. An advanced poll will be available at the Union office (1) day during office hours prior to the date of ratification vote. Members will be allowed to prevote at such polls if unable to vote in the regular manner due to a verifiable planned absence.

 

XII         MERGER/AMALGAMATION

 

  1. The process for merger/amalgamation will be as follows;

1.1   A notice of motion to consider a merger/amalgamation must be made at a

membership meeting.

1.2   A Special General Meeting will be called to address the above motion.

  • Once the motion to consider the merger/amalgamation is carried, all

interested parties will be allowed to make a five (5) minute presentation to

the membership.

  • A notice of motion to vote on a merger may be made at a Special General

Meeting.

  • A Special General Meeting will be called to address the motion to vote on

a merger.

  • If the above motion is carried, a vote will be arranged.
  • Voting procedures will be the same as contract ratification procedure.
  • Ratification of a merger/amalgamation vote will require a two thirds (2/3)

majority of those voting.

  • Advanced voting will be allowed as per Contract Ratification.
  • From midnight on the date of the vote, there will be no distribution of

propaganda pertaining to the merger/amalgamation.

 

XIV           AMENDMENTS TO THE CONSTITUTION AND BY-LAWS

 

  1. The Constitution may only be amended by a vote of two thirds (2/3) majority of

the members voting at an Annual General Meeting or Special General Meeting.

 

  1. The By-Laws may be amended by a simple majority of the members voting at an

Annual General or Special General meeting.

 

  1. Notice of any proposed amendments to the constitution or by-laws must

accompany the meeting notice.

 

BY-LAWS TO THE CONSTITUTION

 

I     FINANCIAL BY-LAWS

 

  1. Funds will be acquired from membership dues to be collected by the employer

through payroll deduction on a bi-weekly basis.

 

  1. Funds will be forwarded to the Union office to the attention of the Treasurer.

 

  1. The Treasurer will be responsible for depositing funds wherever the

best security, interest, services and availability are obtainable:

  • This may require more than one account at a variety of recognized

financial institutions,

  • All funds will be deposited in accordance with provincial laws governing

non-profit organizations,

  • The entire deposit program will be reviewed by the Finance Committee

annually, prior to the Annual General Meeting.

  • A summary of this review will be included in the Annual Finance

Committees report at the Annual General Meeting.

 

  1. All funds will be deposited into the Union’s GENERAL FUND account, which the Executive Board Officers shall have the authority to cause the Union to expend on the following:

 

                      

  1. a) Salaries;
  2. b) Honorariums;

 

  1. c) Mileage and Meeting Allowances;
  2. d) Office Expenses, including but not limited to: rent, supplies, insurance, leasehold improvements;
  3. e) Hall Rental;
  4. f) Benefits;
  5. g) Newsletters;
  6. h) In-house Seminars;
  7. i) External Education Programs;
  8. j) Bargaining;
  9. k) Professional Fees;
  10. l) Loans or gifts to U.C.C.E. Land Holdings Inc.;
  11. m) Any other foreseen or unforeseen expenditure that the Executive Board Officers deem to be in the best interests of the Union to make.
  12. An application will be made to the financial institution used by the Union

for 3 credit cards;

 

  • Each card will have a limit not to exceed five thousand dollars ($5000.00);

 

  • These cards will be assigned to the President, Vice President and the Treasurer, and these people will be accountable to the Finance Committee

for any such charges they incur;

 

  • The holder of the credit card shall sign a document in accordance with the policies of the UCCE office. In the event the holder of this credit card is not elected to one of the positions listed above, a letter shall be sent to the bank notifying the bank of change in signing authority and the letter shall be signed by two (2) of the above persons holding those positions;

 

  • The credit cards will be stored in the UCCE office and will be signed out when a card is required and returned to the office as soon as possible;

 

  • The balance owing is to be paid monthly after verification of receipts.

 

  1. Dues will be assessed at a rate of Thirteen (13) dollars per pay period per member.
  2. Meeting allowances will be twenty (20) dollars per allowance
  3. Mileage will be paid at a rate equal with the rate paid to managers and staff as determined by Head Office effective June 12, 2001.

 

  1. Effective May 9th 2007 The Full Time Officers of the Union Shall have a base rate of

the highest rate in the C.A.; plus 2% per year of service to a maximum of 10%, plus

any applicable meeting allowances or honorariums. Mileage may also be claimed

while undertaking Union business.

Effective May 9th 2007 the President of the Union shall be paid the same as above

plus an extra 1% per year of service to a maximum of 5%, plus any applicable meeting allowances or honorariums. Mileage may also be claimed while undertaking Union business.

    

  1. Any Union member on Leave of Absence for union business will receive all wage

increases and benefits as negotiated for the bargaining unit in the collective

agreement.

 

  1. U.C.C.E. will carry an insurance bond against theft by members of the Executive

       Board.

 

  1. Meal allowances, where applicable will be $20.xx per meal.

 

  1. Expenses may be submitted to the Treasurer to be paid out once the

       amount meets the minimum of twenty five (25) dollars.

 

  1. Regular, Special General and Executive meeting allowances will be paid out

       twice a year, April 30 and October 31.

 

  1. Any executive member attending to approved Union business will receive their

       normal hourly rate of pay for any hours lost due to said business.

 

  1. Executive members attending approved educational opportunities will receive

       their normal rate of pay for all hours in attendance. Where outside resources are

used, verification of attendance may be required.

 

  1. Initiation fees will be ten (10) dollars.

 

  1. Honorariums will be as follows:

19.1 Sergeant-At-Arms                                       $400.00 per year

19.2 Returning Officer                                       $800.00 per year

19.3 Bargaining Committee                                $400.00 per year

This honorarium will only be paid in years bargaining is taking place or during

wage and/or contract re-openers

19.4 Finance Committee $40.00/meeting to a maximum of $400.00 per year               19.5 Health and Safety Committee $40.00/meeting to a maximum of $400.00/year                   19.6 Newsletter Committee$40.00/meeting, maximum of $400.00/year

19.7 Elections Committee $40.00 per meeting, maximum of $400.00 per year

 

 

  1. The generic formula for all Pro Tem Committee Honorariums will be forty

dollars ($40.00) for each meeting, up to a maximum of four hundred dollars

($400.00) per year.

 

  1. The minutes, including attendance, must be kept and seventy percent (70%)

meeting attendance is necessary for all committees to receive an honorarium. The seventy percent[70%] requirement is only effective until October 31,2009

 

 

II       GENERAL BY-LAWS

 

  1. The Union office will maintain a key log book and all keys will be signed for.

Permanent employees will retain a set of keys for the duration of their

employment. Committee chairs will have access to keys in order that meetings

can be held in the office.

 

  1. If keys are lost, the member who signed for the keys will be responsible for the

cost of changing locks.

 

  1. When a function arises that requires U.C.C.E. representation, the Executive

Board will decide who attends and what costs will be reimbursed.

 

  1. Before any Steering Committee member seeks a legal opinion, on any subject, it

must be approved by the Executive Board. This does not apply to the President, Vice

     President while discharging their duties.

 

  1. Pro Tem committee members will not function as shop stewards unless

designated as such.

 

  1. Meeting Rules
    • The President will preside over all meetings. With the assistance of the

Sergeant at Arms and the Recording Secretary will ensure that the

Constitution and By-Laws are adhered to.

6.2     The Order of Business at all General and Special General meetings will be

as follows;

  • Call to order.
  • Roll call of officers.
  • Introduction of guests, stating their purpose for attending.

The membership will approve their attendance.

  • Reading of the minutes from the previous meeting.

(v)     Reports from President, Vice President, Treasurer, Chief Shop Steward, and other reports when determined necessary.

  • Old business.
  • New Business.
  • Good and welfare of the Union.
  • Notice of the next meeting.
  • General discussion.

6.3   Copies of the minutes of the previous meeting will be circulated at the

subsequent meeting.

6.4   There will be no smoking during meetings.

6.5   There will be a member sign in book at all General, Special General and

Annual General meetings,

6.6   There will be a separate sign in book for all Steering Committee meetings,

6.7   All members and guests will be required to sign in at meetings.

6.8   The sign in books will be kept at the Union office.

6.9   Notices of all meetings will be posted, as per the Constitution, on all staff

bulletin boards in each Centre,

6.10 All notices will be dated.

6.11 Shop Stewards will ensure that notices are appropriately posted.

 

  1. Committee Rules

7.1   The chair of each committee shall have the authority to call meetings on

twenty four (24) hours notice. Notice may be given orally.

7.2   All committees will present their recommendations to the Executive

Board and the Steering Committee prior to presentation to the General

Membership.

7.3   Each standing committee will prepare a budget for that committee’s

operations to be presented to the Finance Committee by a date determined

by the Executive Board.

7.4   All standing committees will prepare a written report on that committee’s

activities to be circulated at each Special General and General Meeting.

These reports will be read at the meeting. Reports will be sent to the

Office Clerk no less than five (5) days prior to the meeting for compiling.

7.5   Committee members shall be entitled to a meeting allowance in an

amount as determined by the membership based on the following;

Duration of meeting                       Number of allowances

  • Up to four (4) hours                                     One (1)
  • Four to eight hours (4-8)                               Two (2)
    • Eight to twelve hours (8-12)                         Three (3)

7.6   Committee members shall be entitled to mileage claims in accordance

with the schedule set out in the By-Laws;

7.7   All members of committees will be considered members of the Steering

Committee during the term of their membership on a committee.

7.8   All members of committees have the right to participate in all functions of

that committee and to be heard on any issue of that committee.

7.9   A committee member who has three (3) unexcused absences will be

released from that committee.

7.10   All committees will choose a secretary from among the committee.

7.11   Rules shall apply to all standing and pro tem committees.

 

  1. Hiring Procedures

8.1   The Executive Board will determine the need to hire, or to dismiss.

8.2   The Executive Board will determine the job requirements and the

qualifications needed.

8.3     Positions to be hired will be advertised simultaneously to U.C.C.E                                     bargaining unit members and outside applicants.

8.4   Applications will be submitted to the Executive Board.

8.5   The Executive Board will review the applicants and develop a list of

qualified candidates.

8.6   Reference checks will be done on all qualified candidates. After

processing this information, a short list of candidates will be developed.

8.7   A panel, consisting of the President, Vice President and

Chief Shop Steward, will be convened. In the absence of one of the above, the Treasurer

or Recording Secretary will sit in. The panel will conduct as many     interviews as necessary to fill the position.

8.8   Qualifying candidates will receive notification of the results.

 

 

 

III         VOTING BY-LAWS

 

  1. Voting
    • Voting will take place at the Annual General Meeting in September for the positions of President, Vice President, Chief Shop Steward, Treasurer, Recording Secretary, Returning Officer, and Sergeant-at-Arms.
    • Voting will take place for all other elected positions at a Special General Meeting in November.

 

  1. Voting procedures for the President, Vice President, Chief Shop Steward, Treasurer, and Recording Secretary will be as follows;
  • Nominations will be made to the Returning Officer,
  • Nominations will close fourteen (14) days prior to the Annual General

Meeting.

  • The Returning Officer, in conjunction with the Elections Committee will

determine each candidate’s eligibility.

2.4   The Returning Officer will cause to be prepared, ballots containing the

names of all qualified candidates.

2.5   All candidates will be allowed a three (3) minute presentation at the

Annual General Meeting.

2.6   The candidate who receives the most votes will be declared elected.

 

  1. Voting procedures for all other elected positions will be as follows;
    • The Returning Officer will present a slate a candidates for each position,

containing the names of persons nominated or submitted to the Elections

committee.

  • Each person will be announced individually except for Bargaining

Committee members and Finance Committee members which shall be

elected with one election for all relevant committee positions.

  • The Returning Officer will call for nominations from the floor for the

position being considered.

  • The Returning Officer will close the nominations.
  • The Returning Officer will call upon each candidate to declare their

acceptance of nomination.

  • Each candidate will be allowed three (3) minutes to make a presentation

to the membership.

3.7   The Returning Officer will instruct the membership on the voting

procedure.

3.8   The membership will be given reasonable time to complete the voting

process.

3.9   The Returning Officer will announce the close to the poll.

3.10 The ballot boxes will be removed to a separate location for counting.

Counting will be done by;

  • the Elections Committee,
  • two (2) members from the membership at large.
    • The Returning Officer will supervise the counting of the ballots. The

results will be recorded and all persons counting the ballots will sign for

verifications of the results.

  • The Returning Officer will return to the meeting and announce the results.
  • The candidate who receives the most votes will be declared elected.
  • The Returning Officer will then move to the next position.

3.15 The Returning Officer will be responsible for notification to the

membership of the results of the elections. This will be accomplished by

sending the results to the centres on the next business day.

3.16 Results may be appealed to the Returning Officer, in writing, within seven

(7) days of the election meeting.

3.17   Ballots will be automatically destroyed after fourteen (14) days following

each vote, unless a motion to retain the ballots is carried at the meeting or

the vote results are in question.

 

IV     CONTRACT RATIFICATION BY-LAWS

 

  1. There will be a one [1] day pre-vote at the Union Office, 420 35 Ave. NE Calgary, from 9:00 am until 8:oo pm, in the week prior to the actual contract ratification vote.
  2. The actual contract ratification vote will be the following week at the Union Office, 420 35 Ave. NE, Calgary from 9:00 am until 8:00 pm.
  3. Voting times will be 9:00am to 8:00pm for two (2) consecutive days.
  4. Employees will be required to register at the poll and sign for their ballot.
  5. Ballot counting will be done by the Elections Committee and two (2) scrutineers. The Returning Officer will supervise.

Archives