UUWA Bylaws - 2002

Mission Statement

Glossary

ARTICLES

1. Name

2. Membership

3. Members Rights and Obligations

4. Job Discipline Team  and Unit Structure

5. Job Discipline Team Rights

6. Job Discipline Representative Election

7. Job Discipline Representative's Duties

8. Unit Coordinator Election

9. Unit Coordinator's Duties

10. The Council of Unit Coordinators

11. Composition of the Association and Board

12. Board of Directors (Executive) Duties and Responsibilities

13. CEO, Presidents' and Business Manager's  Duties and Responsibilities

14. Secretary-Treasurer Duties and Responsibilities

15. Association Meetings

16. Unit and Local Meetings

17. Ballot Committee

18. Funds, Salaries and Expenses

19. Recall

20. Discipline

21. Borrowing

22. Audit

23. Inspection of the Books

24. Seal

25. Amendments to By-Laws

26. Mergers

27. Dissolution

• Operate as an autonomous labour organization and collective bargaining agent in respect of wages and conditions of employment.
   
• Establish and maintain a spirit of understanding and loyalty within the membership which will see that the rights of others are considered and respected, and provide for every member the co-operation and protection to which that member is entitled.

1.02 Within these By-Laws a Job Discipline Representative shall be referred to as "JDR" and a Unit Coordinator shall be referred to as "UC".

1.03 Within these By-Laws the Board of Directors shall be referred to as the "Board".

1.04 Within these By-Laws the Annual General Meeting shall be referred to as "AGM".
 

2.02 Applications for membership shall be made in such manner as determined by the Board.

2.03 Upon receipt of every eligible application for Association membership the Board shall:

1. Accept the application and include the member's name on the Association master membership list.
2. Forward to the applicant a membership card signed by a representative of the Association.

2.04 Any member dismissed by the employer shall retain membership privileges until such time as all grievance or recall procedures have been exhausted.

2.05 The Board has the right to revoke membership and associated privileges through the procedures outlined in Article Twenty "Discipline".
 

3.01 Every member of the Association shall have the right to:

1. Fair representation respecting the Association's activities as a collective bargaining agent.

2. Receive notice of, and attend every general or special meeting of the members, and every Local or Unit meeting as applicable.

3. Have access to copies of those minutes and financial statements, which are published for the members.

4. Consult with any JDR, UC, Director, President or Association employee.

5. Be eligible for nomination to elected positions in the Association.

6. Nominate and elect an eligible member, as a JDR from within their respective Job Discipline Team where applicable.

7. Receive a copy of every applicable ballot and resolution submitted to the members and to vote by such ballot.

3.02 Every eligible member of the Association shall pay the prevailing monthly dues.
 
3.03 The dues may be amended at any time by the Board with the approval of a simple majority; of the members present at a general meeting, or of the total membership voting by mail-in ballot.
 
3.04 Every member shall accept and abide by the provisions of these By-Laws.

6.02 A JDR is elected for a one-year term.

6.03 In the event of a transfer or resignation of a JDR from a Job Discipline Team, the respective UC shall arrange for the required election to take place. When the length of term remaining is three (3) months or less, the newly elected JDR's term shall include the following year.
 

1. Hold meetings as required with members from within their respective Job Discipline Team.
2. Communicate the views and ideas of their Job Discipline Team, to UC(s) or Director(s) or Association employees.
3. Be responsible to their Job Discipline team members that they are receiving correspondence which is intended for Association members.
4. Attend meetings and serve on committees as may be required by the Association.
5. Be knowledgeable with the content of the Collective Agreement, By-Laws as well as Association policies and procedures.
6. To report to the Business Manager any violation of the bylaws or agreements. 

7.02 JDRs shall in no case cause a stoppage of work. In case of any trouble on a job or worksite, JDRs shall immediately notify the Business Manager.
 

1. Have conversations with JDR(s) where applicable, from within their respective Unit at least once a month and must have Unit meetings at least twice a year.
2. Be knowledgeable and uphold the terms of the Collective Agreement, By-Laws as well as Association policies and procedures.
3. Work with Company Representatives to resolve issues in a timely fashion.
4. Communicate the views and ideas of the members from their own and other Units, to other UC(s), Director(s) or Association Employees and company representatives.
5. Be responsible to the members of their Unit that they are receiving correspondence which is intended for Association members.
6. Serve on committees and attend any meetings as may be required by the Association.
7. Sit on the Council of Unit Co-coordinators and as a member thereof shall be entitled to one (1) vote on matters requiring resolution by vote.
8. If temporarily unable to fulfill an obligation or duty, a JDR from their respective Unit shall be appointed, or a Member from their respective Unit may represent the Unit.
9. Where applicable, in the event of a transfer or resignation of a JDR from a Job Discipline Team, the respective UC shall immediately arrange for an election to replace the JDR. When the length of term remaining is three (3) months or less, the newly elected JDR's term will include the following year.
10. To report to the Business Manager any violation of the bylaws or agreements.

9.02 UCs shall in no case cause a stoppage of work. In case of any trouble on a job or worksite, the UC shall immediately notify the Business Manager.
 

10.02 The mandate of the Council of Unit Co-coordinators is to ensure that the general approach and direction of the Association adapts to changing economic and social conditions.

10.03 The Council of Unit Co-coordinators shall:

1. Meet as a Council at least once a year, or as requested by the Board.
2. Present proposals for contract negotiations.
3. Approve the appointment of a Ballot Committee and Auditing Firm.

11.02 Incumbent Presidents, Directors and eligible UC(s) should declare their intention to be nominated for the position of President or Director. Notice of intent for nomination should be declared in writing to the Association's office at least three (3) weeks, but not more than four (4) months, prior to the scheduled date of the AGM. All nomination intentions shall be published to all members of the Council of Unit Coordinators at least two (2) weeks prior to the date of the AGM. In the event an insufficient number of intentions are filed, nominations shall be taken at the AGM.

11.03 Those who have filed intention to be nominated as a President or Director, under extenuating circumstances  may not be required to be present at the AGM. The Council of Unit Coordinators will decide by consensus, at the AGM, whether to accept nominations in absentia.

11.04  As the last order of old business at the AGM:

1. The Presidents of each Local shall be elected for a two (2) year term, and shall assume office immediately. 
2. Local Presidents shall be elected by the UCs for that Local.
3. The Directors of the Association shall then be elected for a two (2) year term from and by the UCs for that Local and shall assume office immediately. When required, one Director will be elected to backfill the position previously held by a newly elected President. The position being backfilled will be the last position filled.

11.05  The CEO shall conduct the elections for Presidents and Directors. Each candidate may select a Scrutineer.

1. Nominations for Presidents and Directors will be from the list of UCs and incumbent Presidents and Directors who have filed a notice of intent, or been properly nominated.
2. Sufficient time for nominations must be allowed. The CEO shall call for nominations. When nominations have ceased the CEO shall request a motion to have nominations closed. Once so moved, nominations shall be declared closed. The vote will then be taken by secret ballot.

11.06 If for any reason a Director position becomes vacant prior to completion of the full term, the Board at its discretion may call an election to fill the position, either at the next AGM or at any time agreed to by the Board of Directors. 

11.07 If it is discovered that there was some defect in the election of any Director, President, or CEO, all acts done at any meeting of the Board or a committee of Directors, or any person acting as a Director, shall be as valid as if that person had been duly elected.
 

12.02 The Board shall be responsible for conducting the normal business of the Association. They shall exercise all the powers of the Association except those that the By-Laws require to be exercised by the members or by the Association in a general meeting.

12.03 The Board shall be responsible for the engagement and dismissal of the Business Manager.

12.04 The Board may meet for the dispatch of business, adjourn and otherwise regulate proceedings as deemed necessary. A Board member or the Business Manager may at any time request the Secretary-Treasurer to summon a Board meeting.

12.05 The quorum necessary for the transaction of the business of the Board shall be a majority of the Board.

12.06 In the event that a quorum is not present at a Board meeting, those present may act solely for the purpose of summoning a General meeting.

12.07 The Board shall keep correct records of all proceedings. These records shall contain:

1. A listing of those present at each Board meeting.
2. A record of all resolutions and proceedings at any General meeting, Council of Unit Coordinator meeting or Board meeting.

12.08 Questions arising at any Board meeting shall be decided by a majority vote. In the case of a tie, the CEO shall cast the deciding vote.

12.09 A decision assented to and adopted or confirmed in writing under the auspices of the Board, though not passed at a Board meeting, shall be of the same force and effect.

12.10  The Business Manager and any Board member shall have the right to expend Association funds to defray the cost of conducting the affairs and business of the Association. All expenditures must be approved by the majority of Directors at a Board meeting and the approval recorded in the minutes of that meeting.

12.11 The Board shall cause true accounts to be kept:

1. Of all sums of money received and expended by the Association and the manner in which each receipt and expenditure took place.
2. Of the assets and liabilities of the Association.

12.12  At the AGM, the Board shall present a Financial Statement containing particulars of all liabilities, assets, revenue and expenditures. This shall be accompanied by the Auditor's Report, and signed by two Association Board members.
 

1. Act as Chairperson of the Board and the Council of Unit Coordinators and preside over all General meetings of the Association.
2. Appoint all committees not otherwise provided for in the By-Laws, subject to the approval of the Board.
3. Act as an ex-officio member of all committees, excepting Negotiation Committees.
4. Be the Board liaison with the Business Manager.
5. Perform other duties as may be determined by the Board.

The CEO may delegate any necessary authority to such persons as may be required for the carrying out of the constitutional requirements of the Association.

13.02  The Presidents shall:

1. Report directly to the CEO regarding matters affecting the Association as a whole.
2. Report directly to the Business Manager regarding labour relations matters and matters affecting their Local.
3. Be responsible for the day-to-day operation of the Locals they represent.
4. Perform other duties as may be determined by the Board.

13.03 The Business Manager shall:

1. Be a paid employee of the Association.
2. Be qualified in labour relations.
3. Be responsible for all labour relations matters.
4. Be responsible for the day-to-day operations of the Association.
5. Be responsible for the supervision of all Association employees including the engagement, dismissal, and assignment of duties.
6. Perform other duties as may be determined by the Board.

The Business Manager may delegate any necessary authority to such persons as may be required for the carrying out of the administrative and labour relations requirements of the Association.

13.04 The CEO, Presidents and Directors shall not receive financial remuneration for their work as Board Members, but may be compensated for any lost wages as per 18.02.
 

1. Minutes of all meetings of the Council of Unit Coordinators and the Board are prepared.
2. An accurate membership list is maintained.
3. Approved accounting procedures affecting all financial transactions of the Association are adhered to.

14.02 The Secretary-Treasurer shall be accountable for the Corporate Seal, Minute Books and other Association records, which shall be kept at the Association Office.
 

16.02 Unit and Local meetings shall be for the purpose of transacting business specific to the Unit or Local, as applicable.

16.03 Notice of the meeting shall be posted or provided to all affected members specifying the date, time and place of the meeting. Non-receipt of notice by any member shall not invalidate the proceedings.

16.04 Unit and Local meetings shall be open to all Association members within the particular Unit or Local.

16.05 The CEO and the Business Manager shall have the right to attend and participate in all meetings of the Association.
 

17.02 Ballots for all Association elections and votes taken by ballot must be tabulated by a Ballot Committee.

17.03 On any vote taken by ballot, the ballots shall be held in a secure manner until the result of the vote has been acknowledged by the Board, and instructions are issued to destroy the ballots.
 

18.02 Members shall be reimbursed for lost wages and expenses incurred while conducting Association business when authorized by the Business Manager and/or Board. Reimbursement for lost wages shall be at the individual’s straight time hourly rate limited to actual time lost, exclusive of overtime. In no event shall reimbursement for lost wages exceed the basic hours of the work day or work week.
Members who have their wages maintained by their employer shall not be deemed to have lost wages.
The Association shall pay all proper invoices from employers for wages and benefits for members conducting authorized Association business.

18.03 Any member, who performs authorized Association business requiring excessive hours outside of regular work hours, shall be entitled to a per diem. The amount of the per diem shall be set at the AGM by those in attendance.
 

1. Three (3) months have passed since the position was filled.
2. Two-thirds (2/3) of the members who elected the person sign a petition and submit it to a standing Recall Committee. This committee shall consist of any three (3) of five (5) members at large, selected by the Board at the first Board meeting following the AGM.

19.02 Re-elections must take place within fourteen (14) days of any recall.

19.03 The Board shall retain the right to permanently or temporarily remove and replace the CEO at any time if:

1. The CEO is unable, or refuses, to fulfill the duties of the position, or
2. The majority of the Board passes a non-confidence motion. The CEO shall have no voting rights on such a motion.

A member removed from the position of CEO shall continue to hold their President or Director position on the Board unless that position is resigned or the individual is otherwise removed in accordance with the Bylaws.
 

20.02 Disciplinary action may include reprimand, fines, suspension of privileges or expulsion from the Association.

20.03 No member of the Association shall act in a manner that is in violation of the objectives of the Association. This shall include, but is not limited to the following:

1. Violating the By-Laws of this Association.
2. Engaging in activities designed to bring about the withdrawal or secession from the Association of any member.
3. Misappropriating or failing to account for Association funds, for which the member is responsible.
4. Tampering with ballots or interfering with the fair and proper conduct of any election or referendum.
5. Intentionally revealing confidential information or business of the Association.
6. Willfully or intentionally wronging a member or representative of the Association by any false or incorrect act(s).
7. Causing or engaging in unauthorized work stoppages or strikes.

20.04 Upon receipt of a written allegation that a member has committed a violation, the Board shall send a copy of that allegation to that member, with the advice that the matter will be placed on the agenda for the next Board meeting. The member shall have the right to submit a written statement of defense for consideration at this meeting.

20.05 The Board shall investigate the allegation to determine whether or not charges are to be taken against the accused member. The member shall be notified in writing of the Board's decision.

20.06  If charges are laid, the accused member shall have the opportunity to answer the charges at a hearing of the Board and may, upon request, have a UUWA member in good standing as counsel. If the accused member refuses to attend, the hearing may proceed in the member's absence with the evidence recorded and subscribed to by the witness or witnesses present.

20.07 If the charges are upheld by a majority vote of those Board members hearing the charge, disciplinary action may be taken, as the Board deems warranted.

20.08 A member against whom disciplinary action will be taken shall have the right to appeal the decision of the Board, to an Appeal Committee comprised of three (3) members of the Council of Unit Coordinators, one appointed by the member, one appointed by the Board and the third by mutual agreement of those two (2) appointees.

20.09 The decision of the Appeal Committee shall be final and binding.  

20.10 A member expelled from the Association shall not be re-admitted to membership unless, in the opinion of the Board, extenuating circumstances or the member's subsequent record favors re-instatement.

20.11 Notwithstanding the above process, in the interests of the Association, the Business Manager or the Board shall have the authority to temporarily suspend any or all of the duties of any member.
 

22.02 Should the firm chosen at the AGM decline to perform the services at anytime thereafter, the Board shall approve and retain an independent firm of Chartered Accountants to act as Auditors.
 

1. Two (2) Directors and the Secretary Treasurer, OR
2. The CEO and the Secretary Treasurer, OR
3. The CEO and two (2) Directors.

1. The decision of the Board is presented to a Special or Annual General meeting and two-thirds (2/3) of the members voting approve the merger. If two-thirds (2/3) vote in favour of the merger, the Board of this Association shall have the power to effect such transfer of funds and property. The Board shall ensure that a merger agreement with any other organization or organizations contains terms favourable to the members of this Association.

The Board shall be empowered to take all necessary steps to effect the merger.
 

27.02  If the United Utility Workers' Association becomes defunct or dissolves, the following shall apply:

1. All financial assets of the United Utility Workers' Association shall be liquidated and shall be divided and distributed equally to all members listed on the last current Dues list prior to the date of dissolution. This list shall be supplied by the Association Office to the Trustee in charge.
2. All monies netted from such dissolution shall be placed in trust with Mr. Tom Jolliffe of the law firm Kelly & Kelly, of the City of Calgary, or with any other trustee appointed by the United Utility Workers' Association at their Annual General Meeting. Should the trustee appointed decline to perform the service, the Board shall approve and retain an independent law firm to act as Trustee. These funds shall be distributed as per number one (#1) above, by such trustee.
3. The Trustee shall receive a fee for service in the amount of $2,500.
4. Employees of United Utility Workers' Association at the date of dissolution shall be paid a severance at least equivalent to that paid to the members of UUWA, by their employer, when laid off.