Local 329 Bylaws
Mental Health Centre Penetanguishene
500 Church Street
Penetanguishene Ontario L9M 1G3
Adopted by Local Executive Committee
September 19, 2012
Adopted by Local 329 General Membership
November 06, 2012
Membership
Article 1
1.1 This organization shall be known as Local 329 of the Ontario Public Service Employees Union (OPSEU) and will be known as a single unit Local. Membership in Local 329 shall be open to all employees in the Bargaining Unit and employed within the Waypoint Centre for Mental Health Care at Penetanguishene, Ontario and surrounding area.
Constitution and Bylaws
Article 2
2.1 The Constitution of this organization shall be the Constitution of the Ontario Public Service Employees Union (OPSEU) and these Bylaws shall in all respects be subordinate to said Constitution and all applications and interpretations thereof.
Executive Officers and Local Executive Committee
Article 3
3.1 Executive Officers of the Local shall be the President, Vice President; Secretary, Treasurer or Secretary-Treasurer.
3.2 The Executive Officers of the Local, together with the remaining Shop Stewards shall constitute the Local Executive Committee. In addition the Local shall have a Chief Steward as an Officer of the Local Executive Committee.
Elections
Article 4
4.1 Executive Officers of the Local (Article 3.1) shall be elected by the General Membership from among the Shop Stewards. If a position is not filled from among the Shop Stewards that position will remain vacant until a Steward is willing to or can be persuaded to run.
4.2 Convention, Conference and Regional Meeting Delegates and Alternate Delegates shall be elected up to the number of Delegates to which the Local is entitled at a General Membership Meeting, except that the President of the Local shall be its first Delegate automatically. Allowable expenses for Alternate Delegates will include mileage, meals and childcare. Delegates may request single accommodation for Convention, Conferences and Regional Meetings. Local 329 will pay the difference between shared accommodation covered by OPSEU and the single accommodation rate.
4.3 Elections (other than the elections of Shop Stewards) shall be conducted at a General Membership Meeting. In special circumstances, the Local President may set up other means deemed appropriate, in order that the General Membership may cast a vote provided authorization has been obtained from the President of the Union.
4.4 Elected term of office for Executive Officers and Shop Stewards shall be for a 2 year period.
4.5 Officers of the Local Executive Committee may stand for re-election provided the Officer has first been elected or re-elected as a Shop Steward. Nominations will be accepted from the floor at a General Membership Meeting. Written nominations when signed by the nominee and witnessed shall also be accepted.
4.6 Candidates in an election may not act in any official capacity, but may appoint a scrutineer to represent them in the tabulation of results of the election.
4.7 All elections of Stewards, Delegates and Local Executive Committees shall be elected by secret ballot and shall be based on the principle of winning a clear majority of 50% plus 1, with run-off ballots, if necessary.
Membership Meetings
Article 5
5.1 General Membership Meetings shall be called by the President if, and when, the need arises. However, General Membership Meetings of the Local shall be convened at least twice each year.
5.2 A special meeting of the General Membership may also be convened upon the written request of at least ten percent of the General Membership.
5.3 The Local Executive Committee shall meet at least every 3 months. The President shall call and determine the date, time and place of the meeting unless previously directed by the Committee.
5.4 The Local President may call a Committee Meeting at any time to deal with business of an urgent nature. A Committee Meeting may also be convened upon the written request of at least fifty percent of the Local Executive Committee Members.
5.5 Executive Officer, Steward or Member of the Local shall not be denied or excluded from attending any meeting within the jurisdiction of the Local, whatever the nature of the meeting shall be.
5.6 Each member in good standing has the right to nominate and vote during all elections and at all General Membership Meetings, to express views, arguments and opinions on all matters of business before any meeting. To meet and assemble freely with other members, and generally to participate in all the activities of the Local in a responsible manner. To present and discuss factually honestly, the issues and personalities upon which the membership must base its decisions. These rights shall at all times be subject to the rules of procedure governing meetings and other uniform rules and regulations contained in the OPSEU Constitution and these Bylaws.
5.7 The membership is the highest authority of this Local and shall be empowered to take or direct any action consistent with the OPSEU Constitution or the Local Bylaws.
Quorum
Article 6
6.1 General Membership Meetings shall compose at least 5% of the Local Members. In the event that a quorum is not obtained, the President (provided there are at least 50% of the Executive Committee Members in attendance) may call a Local Executive Committee Meeting. The General Membership may attend an Executive Committee Meeting with voice, but no vote.
6.2 Local Executive Committee Meetings shall compose at least 50% of its Committee Members.
6.3 Special General Membership or Local Executive Committee Meetings of the Local shall adhere to the same principles as Article 6.1 and 6.2.
Notices
Article 7
7.1 All meetings of the Local that fall within its jurisdiction shall be subject to no less than 10 days notice (other than emergency meetings) either by individual notification to the membership, or the posting of same in areas where members normally work and in locations utilized for such postings.
7.2 Notice of meetings shall indicate the type of meeting, date, time, place and the reason for which it has been called.
Termination and Violations
Article 8
8.1 It shall be incumbent on all Officers and Stewards to attend and represent all members at General and Executive Meetings of the Local in a proper and respectful manner.
8.2 Any elected Officer, Steward or Delegate/Alternate who moves into an acting management position, for any length of time, must immediately resign their office/position.
8.3 Any elected Officer, Steward or Delegate/Alternate is liable to be removed from office by vote at a General Membership Meeting if found guilty of having:
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failed to give just cause or reasons for missing three consecutive General or Executive Meetings of the Local
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disrupted or obstructed any meeting of the Local to the point where the meeting may not be fairly and reasonably conducted
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solicited, promoted, encouraged, advocated or assisted others in doing likewise in the withdrawal of any member or members from the Union or any new employee from joining the Union
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without just cause, wrongfully interfered with the proper duties of other Executive Officers, or engaged in the improper discharge of their own duties
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violated, or tempted others to violate, any Collective Agreement, or has failed to report to the Local Executive Officers, or President, any violation of the Collective Agreement, by either Management or members of the Local
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failed to comply with Local Bylaws and the OPSEU Constitution or any other subsidiary body of which that Officer, Steward or Delegate is a member
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failed to account properly for receipts and disbursements of Local and Union funds, and disposition of Local equipment
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failed to attend fully the meetings in which Local or Union funds were individually appropriated for such purposes.
Financial Operation
Article 9
9.1 The fiscal year of the Local shall be the calendar year beginning January 1 and ending December 31 of any given year.
9.2 Operational funds shall be disbursed for the legitimate purposes of the Local. Expenses not normally covered by the Union shall be borne by the Local under the direction of the Local Executive Committee. It shall be incumbent upon the President and Treasurer to supply sufficient funds for any expenditure incurred by the Local.
9.3 Between General Membership Meetings, the Local Executive Committee (LEC), consisting of all Stewards including Local Officers, shall administer the affairs of the Local in accordance with the OPSEU Constitution, the Local Bylaws and the wishes of the membership.
9.4 Between the Local Executive Committee (LEC) meetings, the Local Executive Officers shall be empowered to act on behalf of the membership to the extent that urgent business requires prompt action, subject to the approval of the LEC and the membership.
9.5 Hospitality expenses shall be considered as a legitimate expense of the Local.
9.6 The Local shall elect an Audit Committee composed of at least two members to be known as Trustees. The Trustees shall be elected at a General Membership Meeting from among the members and may not hold any other office in any Local. They shall hold office for a term of two years; the terms may be varied to provide for overlapping terms.
9.7 Auditing of the books, examining records and properties of the Local shall be the responsibility of the Trustees. The Trustees shall audit the books jointly and file an Audit Report to the Local President who in turn will file the report to the Regional Office at least once every six months. The Treasurer of the Local shall make available all necessary documents to the Trustees.
General
Article 10
10.1 If for any cause an election or meeting referred to in these Bylaws does not take place at the time prescribed, it shall be held as soon thereafter as practical.
10.2 All business and/or acts at any General, Special, Emergency or Executive Meeting in the Local shall be conducted in a legitimate and valid manner. Notwithstanding, if a member or members feel that such business or acts were not conducted properly and in violation of the Bylaws or Constitution, then only upon receipt of a petition signed by not less than 10% of the General Membership shall a Special Meeting be held to determine if any violation occurred.
10.3 Mid-term vacancies occurring among Stewards and Members of the LEC shall be filled promptly by election at a General Membership Meeting, except where the vacancy occurs within three months of the expiry of the term of office the vacancy may be filled by appointment by the President of the Local. In every case of filling a vacancy, the new incumbent shall serve only the unexpired portion of the term of office in question.
10.4 Any correspondence relating to Union business and received in the name of the Local shall be declared the property of the Local and be dealt with as deemed appropriate at any Special, General or Executive Meeting.
Amendments to the Bylaws
Article 11
11.1 Articles referred to in these Bylaws may be amended at any General Membership Meeting provided that notices of such are posted pursuant to Articles 7.1 and 7.2 of the Bylaws. In order to amend any article, an affirmative vote of two-thirds (2/3) of the General Membership in attendance must be obtained.
11.2 These Bylaws and any amendments to them shall only become effective following approval by the President of the Union in accordance with Article 12.5.2 of the Constitution.
Union Constitution
Article 12
12.1 In the event that an Article in the Bylaws does not cover a specific act or election, the Constitution shall be referred to.
12.2 All Articles stated herein shall constitute the governing Bylaws of the Local. Where conflict may exist in the implementation, interpretation or the legality of any Article(s) in the Bylaws, the Constitution shall be referred to and have full force and effect.
12.3 Typographical errors or omissions in the Bylaws shall not alter or invalidate any business or acts conducted therein. Notwithstanding, if any Article or amendment to the Bylaws is violated or acted upon improperly, it shall be subject to and dealt with in the manner described in Article 11.2 of the bylaws.