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1 Table of Contents Chapter One: General ................................................................................................................................... 4 DEFINITIONS................................................................................................................................................. 4 HEADQUARTERS ............................................................................................................................................ 4 JURISDICTION ............................................................................................................................................... 4 UNION OBJECTIVES ....................................................................................................................................... 4 AFFILIATION ................................................................................................................................................. 4 DISAFFILIATION ............................................................................................................................................. 5 GENERAL MEMBERSHIP.................................................................................................................................. 5 UNIT 1 MEMBERSHIP..................................................................................................................................... 6 UNIT 2 MEMBERSHIP..................................................................................................................................... 6 UNION DUES ................................................................................................................................................ 6 PRIVILEGES................................................................................................................................................... 7 RESIGNATION ............................................................................................................................................... 7 SUSPENSION OR EXCLUSION - JUSTIFICATION ..................................................................................................... 7 SUSPENSION OR EXCLUSION - PROCEDURE ........................................................................................................ 7 DOCUMENTS ................................................................................................................................................ 8 Chapter Two: Assemblies .............................................................................................................................. 9 HIGHEST AUTHORITY ..................................................................................................................................... 9 COMPOSITION .............................................................................................................................................. 9 RESPONSIBILITIES .......................................................................................................................................... 9 PARTICIPATION ........................................................................................................................................... 10 FREQUENCY................................................................................................................................................ 10 PRESIDING OFFICER ..................................................................................................................................... 10 RULES OF ORDER ........................................................................................................................................ 10 NOTICE OF MEETING ................................................................................................................................... 10 SETTING OF THE AGENDA ............................................................................................................................. 11 QUORUM................................................................................................................................................... 11 BINDING DECISION ...................................................................................................................................... 11 VOTING ..................................................................................................................................................... 11 SECRET BALLOT VOTING ............................................................................................................................... 11 ANNUAL GENERAL ASSEMBLY ....................................................................................................................... 12 SPECIAL ASSEMBLY ...................................................................................................................................... 12 CONSULTATIVE ASSEMBLIES .......................................................................................................................... 13 STRIKE VOTE .............................................................................................................................................. 13 Chapter Three: Delegates and the Delegates’ Council ............................................................................... 14 COMPOSITION ............................................................................................................................................ 14 ELECTION OF DELEGATES AND CHIEF DELEGATES .............................................................................................. 14 NOMINATIONS AND VOTING PROCEDURE FOR CHIEF DELEGATES ........................................................................ 14 ELIGIBILITY ................................................................................................................................................. 15 RESPONSIBILITIES OF THE DELEGATE AND THE CHIEF DELEGATE ........................................................................... 15 RESPONSIBILITIES OF THE DELEGATES’ COUNCIL ............................................................................................... 16 COMPENSATION.......................................................................................................................................... 17 MEETINGS ................................................................................................................................................. 18 QUORUM................................................................................................................................................... 18 2 BINDING VOTE ............................................................................................................................................ 18 SUSPENSION AND/OR RECALL ........................................................................................................................ 18 Chapter Four: The Executive Committee .................................................................................................... 20 COMPOSITION ............................................................................................................................................ 20 ATTRIBUTES ............................................................................................................................................... 20 POSITIONS ................................................................................................................................................. 20 RESPONSIBILITIES ........................................................................................................................................ 23 COMPENSATION.......................................................................................................................................... 24 ELIGIBILITY ................................................................................................................................................. 25 LENGTH OF OFFICE ...................................................................................................................................... 25 NOMINATIONS............................................................................................................................................ 25 ELECTIONS - PROCEDURE .............................................................................................................................. 26 ELECTIONS - ACCLAMATION PROCEDURE......................................................................................................... 26 ELECTIONS - VOTE ....................................................................................................................................... 26 INAUGURAL MEETING .................................................................................................................................. 26 TRAINING................................................................................................................................................... 26 MINUTES ................................................................................................................................................... 26 VACANCY ................................................................................................................................................... 27 COMPLETION OF THE TERM OF OFFICE............................................................................................................ 27 MEETINGS ................................................................................................................................................. 27 NOTICE OF MEETING ................................................................................................................................... 27 QUORUM................................................................................................................................................... 27 BINDING VOTE ............................................................................................................................................ 28 SPECIAL MEETINGS ...................................................................................................................................... 28 DECISION MAKING PROTOCOL ...................................................................................................................... 28 SUSPENSION AND/OR RECALL FROM OFFICE - JUSTIFICATION.............................................................................. 28 SUSPENSION AND/OR RECALL FROM OFFICE - PROCEDURE................................................................................. 29 Chapter Five: The Bargaining Committees ................................................................................................. 30 COMPOSITION ............................................................................................................................................ 30 RESPONSIBILITIES ........................................................................................................................................ 30 NOMINATIONS............................................................................................................................................ 30 ELECTIONS ................................................................................................................................................. 31 ELECTIONS - PROCEDURE .............................................................................................................................. 31 ELECTIONS - ACCLAMATION PROCEDURE......................................................................................................... 32 ELECTIONS - VOTE ....................................................................................................................................... 32 LENGTH OF OFFICE ...................................................................................................................................... 32 COMPENSATION.......................................................................................................................................... 32 SUSPENSION AND/OR RECALL FROM OFFICE - JUSTIFICATION.............................................................................. 33 SUSPENSION AND/OR RECALL FROM OFFICE - PROCEDURE................................................................................. 33 Chapter Six: Union Finances ....................................................................................................................... 35 UNION ACCOUNTS ...................................................................................................................................... 35 FISCAL YEAR ............................................................................................................................................... 35 INVESTMENT POLICY .................................................................................................................................... 35 SIGNING OFFICERS ...................................................................................................................................... 35 UNION BUDGET .......................................................................................................................................... 35 SPECIAL FUNDS ........................................................................................................................................... 36 3 ANNUAL FINANCIAL REPORT ......................................................................................................................... 36 INTERNAL REPORTING .................................................................................................................................. 36 STRIKE FUNDS............................................................................................................................................. 37 Chapter Seven: Rules of Order.................................................................................................................... 38 JURISDICTION ............................................................................................................................................. 38 CALLING THE MEETING TO ORDER.................................................................................................................. 38 AGENDA .................................................................................................................................................... 38 VOTE ........................................................................................................................................................ 38 NOTICE OF A MOTION.................................................................................................................................. 38 ADJOURNMENT........................................................................................................................................... 38 MOTIONS .................................................................................................................................................. 39 AMENDMENTS ............................................................................................................................................ 39 SUB-AMENDMENTS ..................................................................................................................................... 39 PREVIOUS QUESTION ................................................................................................................................... 39 PRIVILEGED MOTIONS .................................................................................................................................. 40 ETIQUETTE ................................................................................................................................................. 40 RIGHT TO SPEAK.......................................................................................................................................... 40 CALL BACK TO ORDER .................................................................................................................................. 40 POINT OF ORDER ........................................................................................................................................ 40 PROCEDURAL DISPUTE ................................................................................................................................. 41 Chapter Eight: Amendments to the Constitution ....................................................................................... 42 AMENDMENTS ............................................................................................................................................ 42 RESTRICTIONS TO AMENDMENTS ................................................................................................................... 42 DISSOLUTION OF THE UNION......................................................................................................................... 42 Chapter Nine: Committees ......................................................................................................................... 43 TYPES OF COMMITTEES ................................................................................................................................ 43 COMPENSATION.......................................................................................................................................... 43 PROCEDURE, STRUCTURE, AND MEMBERSHIP .................................................................................................. 44 ELECTION OF PERMANENT COMMITTEE MEMBERS ........................................................................................... 44 AUDITING COMMITTEE - RECOGNITION OF THE UNION’S AUDITORS .................................................................... 44 AUDITING COMMITTEE - MEETINGS AND QUORUM .......................................................................................... 44 AUDITING COMMITTEE - RIGHTS AND DUTIES .................................................................................................. 44 AUDITING COMMITTEE - ANNUAL REPORT ...................................................................................................... 45 EXTERNAL AFFAIRS COMMITTEE .................................................................................................................... 45 4 Chapter One: General Definitions 1.01 – The Association of Graduate Students Employed at McGill, as established in Montreal on February 12, 1992, is an employee association within the meaning of the Labour Code. The Union: the Association of Graduate Students Employed at McGill (AGSEM). The University: McGill University and/or its authorized representatives; Unit or The Units: any or all of the bargaining units, and their respective representative bodies within the University. Unit 1: all Teaching Assistants and Lab Demonstrators employed by the University, and their respective representative bodies within the Union. Unit 2: all Invigilators employed by the University, and their respective representative bodies within the Union. The Constitution: this document, governing the affairs of the Union. The Affiliates: Confédération des Syndicats Nationaux (CSN), the Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ), and the Conseil Central de Montréal Métropolitain (CCMM). Headquarters 1.02 – The Union headquarters is situated at 3479 Peel Street, 3rd floor, in Montreal. Jurisdiction 1.03 – The Union's jurisdiction may include any employee of McGill University covered by an accreditation certificate issued to the Union. Union Objectives 1.04 – The Union subscribes to the declaration of principles of the CSN and has as its objectives the examination and improvement of the social, professional, economic and political interests of its members. These goals shall be pursued collectively and include negotiating collective agreements, precluding any form of discrimination based on race, sex, language, age, political opinion or affiliation, religion, sexual orientation, social class, ethnicity, or physical or mental disability. The Union shall also seek to ally itself with similar union organizations. Affiliation 1.05 – The Union is affiliated to the Confédération des Syndicats Nationaux (CSN), the 5 Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ) and the Conseil Central de Montréal Métropolitain (CCMM), hereafter “Affiliates.” The Union shall abide by the constitutions of the Affiliates, and shall act accordingly. The Union agrees to pay the monthly per capita dues set by the Affiliates. Any officer or delegate thereof shall have the right to attend any union meeting and participate in the deliberations, but shall not be entitled to vote. Disaffiliation 1.06 – A resolution of dissolution of the Union or disaffiliation from the Affiliates cannot be discussed at a General Assembly unless a prior notice of said motion has been given ninety (90) days beforehand. The said notice of motion must be presented, and discussed at a duly convened, regularly-scheduled or Special General Assembly. The General Assembly convocation notice must indicate the reasons for which a dissolution or disaffiliation proposal is demanded. Once a notice of motion for the discussion of dissolution or disaffiliation from the CSN has been presented, a copy of the said motion must be forwarded to the secretary-general of the Affiliates. The said notice of motion must be forwarded at least ninety (90) days prior to the day of the meeting. 1.07 – The authorized representatives of the Affiliates shall be duly entitled to attend the meeting where the resolution is to be discussed, and they may give their point of view if they so desire. For the resolution of dissolution or disaffiliation to be duly adopted, approval by the majority of the paid-up membership of the Union is required. 1.08 – If the Union should disaffiliate from the CSN, or be suspended or expelled from the latter, the Union shall remit to the CSN union dues in the amount corresponding to the three months of dues immediately following the disaffiliation, suspension or expulsion. 1.09 – For a disaffiliation vote to be binding there must be a secret ballot vote showing the majority of the paid-up membership of the Union voted in favour of disaffiliation. General Membership 1.10 – Any individual who meets the following conditions shall be deemed a member of the Union: she is a current member of Unit 1 (Teaching Assistants) or Unit 2 (Invigilators) as per articles 1.11 and 1.12 OR she is a current McGill employee, or has been such an employee in the preceding twelve (12) months, in an employee group as determined by a decision of a General Assembly or of Delegate Council she has signed a union membership form and returned it to the union she has paid her dues in full as per article 1.13 6 Unit 1 Membership 1.11 – Any individual who meets the following conditions shall be deemed a member of Unit 1: she is a current employee in the Teaching Assistant and Lab Demonstrators bargaining unit as contemplated in the accreditation or was such an employee in at least one of the three (3) academic terms (including the summer term) preceding the current term; she was a member of Unit 1’s Bargaining Committee during the preceding twelve (12) months. she was a member of Unit 1 elected to a position on the Executive Committee during the preceding twelve (12) months. she has been laid off from a position under Unit 1’s jurisdiction, but maintains the right to be recalled; she has been dismissed but has filed a grievance sustained by Unit 1 with respect to the dismissal; she is on paid or unpaid leave authorized by Unit 1’s Collective Agreement; she is on strike or locked out from a position under the jurisdiction of Unit 1. Unit 2 Membership 1.12 – Any individual who meets the following conditions shall be deemed a member of Unit 2: she is a current employee in the Invigilator bargaining unit as contemplated in the accreditation or was such an employee during the present term or one of the three (3) academic terms (including the summer term) preceding the current term; she was a member of the Invigilator Bargaining Committee during the preceding twelve (12) months. she was a member of Unit 2 elected to a position on the Executive Committee during the preceding twelve (12) months. she has been laid off from a position under Unit 2’s jurisdiction, but maintains the right to be recalled; she has been dismissed but has filed a grievance sustained by Unit 2 with respect to the dismissal; she is on paid or unpaid leave authorized by Unit 2’s Collective Agreement; she is on strike or locked out from a position under the jurisdiction of Unit 2. Union Dues 1.13 – The union dues are set at 2.5% of an employee’s gross pay for members of Unit 1 and Unit 2. 7 Privileges 1.14 – Only members in good standing as per 1.10 shall benefit from the privileges conferred by the present Constitution. This Constitution and any enforced collective agreements shall be made available on the union website. Members may view meeting minutes of any official Union meeting, as well as Union financial statements, upon written request submitted to the Secretary-Treasurer. Resignation 1.15 – Any member who submits her resignation from the Union shall forfeit all union advantages and privileges. The said resignation must be submitted in writing to the Union. 1.16 – If a member wishes to rejoin the Union following her resignation, she must sign a union membership card. Suspension or Exclusion - Justification 1.17 – Any member shall be liable to suspension or exclusion from the Union by the Executive Committee if she: knowing violation of the Constitution; having participated, at the instigation or with the direct or indirect assistance of her employer or a person acting on behalf of her employer, in an activity against the Union. 1.18 – Any member who has been suspended or excluded from the Union shall lose the right to all union benefits and advantages as long as the suspension or exclusion has not been lifted. Suspension or Exclusion - Procedure 1.19 – Before declaring the suspension or exclusion, the Executive Committee must give the said member at least eight (8) days’ notice, invite her before the Committee to explain and defend her position, and indicate, in writing, the charges against the member as well as the time and the place of the proposed meeting. The motion of suspension or exclusion must indicate the duration thereof and shall reflect the nature of the offense. 1.20 – Any suspension or exclusion shall take effect immediately upon a unanimous vote by the voting members of the Executive Committee. The chair shall also be required to cast a vote and there shall be no abstentions. The suspended or excluded member shall neither have a vote nor chair the meeting. 1.21 – The suspended or excluded member may appeal to the next General Assembly. The 8 General Assembly shall have the authority to reinstate the member by a majority vote. The suspended or excluded member may have speaking rights while her reinstatement is being considered at the General Assembly. Documents 1.22 – A French translation of this Constitution shall be maintained at all times by the Union and shall be made available to members along with the English version. The President shall be responsible for ensuring that translation of the Constitution, and any amendments, takes place in a timely manner. Should any dispute arise between the English version and the French version of this Constitution, the English version shall be considered official. 1.23 – The Union shall maintain a Policy Manual. The purpose of the Policy Manual shall be to: Outline any official operational policies of the Union not indicated in this Constitution Provide information to Executive Committee members, Union employees and volunteers Promote institutional memory and assist with the transition between Executive Committee members Include an appendix indicating all of the political decisions and mandates established by the Delegate Council and the General Assembly. 1.24 – The Policy Manual may be amended at any time by the Delegate Council or the General Assembly as long as the amendment does not contradict this Constitution; it may also be amended at any time by the Executive Committee as long as the amendment does not contradict this Constitution or a decision by the Delegate Council or the General Assembly. 1.25 – Non-confidential documents are public documents accessible to members on request from the Secretary General. The following categories of documents may be established by the committee or individual producing it to be confidential, subject to applicable laws: Documents containing personal information, such as lists of members Documents pertaining to a grievance or otherwise pertaining to a legally sensitive matter Documents pertaining to a unionization campaign 1.26 – Documents shall not be made confidential unless necessary. No final decision resulting in the use of Union resources shall be confidential. 9 Chapter Two: Assemblies Highest Authority 2.01 – The General Assembly is the highest authority of the Union. It defines the budget, policies and mandates of the Union. 2.02 – The Unit Assemblies are the highest bargaining authority of each respective Bargaining Unit. They define the bargaining priorities and bargaining strategies of each bargaining unit as a distinct group. Composition 2.03 – The General Assembly will be composed of all members of the Union in good standing according to article 1.10 of this Constitution 2.04 – The Unit 1 Assembly will be composed of all members of Unit 1 in good standing according to articles 1.10 and 1.11 of this Constitution 2.05 – The Unit 2 Assembly will be composed of all members of Unit 2 in good standing according to articles 1.10 and 1.12 of this Constitution. Responsibilities 2.06 – The responsibilities of the General Assembly are as follows: to determine the overall policies of the Union; to elect the Union’s officers; to receive, amend, accept or reject all reports forwarded by members of the General Assembly, the Delegates’ Council, the Executive Committee and any Union Committees; to ratify, to amend or to annul any decision of the Delegates’ Council or Executive Committee; to establish any committee deemed necessary to meet the objectives of the Union; to modify the Constitution; to act upon and to decide on all matters that are so judged to be in the interests of the proper functioning of the Union; all other powers not delegated to Union officers or others by this Constitution remain within the sole purview of the General Assembly. 2.07 – The responsibilities of the Unit 1 and 2 Assemblies are as follows: to establish the Unit Bargaining Committee for the Unit Collective Agreement; to establish any other committees deemed necessary to meet bargaining objectives, 10 such as the Bargaining Support Committee; to decide upon the Unit’s contract proposals, to accept or reject the employer’s offer(s) for the Unit, to decide on strike action or any other pressure tactic(s) for the Unit; Participation 2.08 – Any member in good standing as per article 1.10 of this Constitution shall be entitled to speak and vote at the General Assembly. The Executive Committee, and the Unit 1 and 2 Bargaining Committees, shall have the right to speak in the General Assembly. 2.09 – Any member of Unit 1 in good standing as per articles 1.10 and 1.11 of this Constitution shall be entitled to speak and vote at the Unit 1 Assembly. The Executive Committee and the Unit 1 Bargaining Committee shall have the right to speak in the Unit 1 Assembly. 2.10 – Any member of Unit 2 in good standing as per articles 1.10 and 1.12 of this Constitution shall be entitled to speak and vote at the Unit 2 Assembly. The Executive Committee and the Unit 2 Bargaining Committee shall have the right to speak in the Unit 2 Assembly. Frequency 2.11 – The General Assembly shall convene at least once in each of the Fall and Winter semesters, with the Annual General Assembly counted towards this requirement. 2.12 – The Unit 1 and Unit 2 Assemblies shall convene at least once every Academic year. Presiding Officer 2.13 – The President, or her designee, shall preside over the Assemblies; the chair shall vote only to break a tie. Rules of Order 2.14 – Assemblies shall be conducted according to the Rules of Order indicated in Chapter Seven. Notice of Meeting 2.15 – Regular Assemblies must be called with at least seven (7) calendar days’ notice except when notice of an interim election is required, in which case it must be called with at least fifteen (15) days’ notice. The notice for the assembly shall be made by, at a minimum, posting an announcement on the Union website and sending an email to all members who are on the relevant Unit’s mailing lists. 2.16 – The notice of meeting must contain at least the following information: 11 date of the meeting; time of the meeting; location of the meeting; proposed agenda. Setting of the Agenda 2.17 – Members may submit items to be added to the proposed Assembly Agenda by emailing the President at least 24 hours before the Assembly. The agenda may be amended and must be ratified at the start of every Assembly. Quorum 2.18 – Quorum of the General Assembly shall be thirty (30) members of the Union, including at least twenty-four (24) members of Unit 1 in good standing according to articles 1.10 and 1.11 of this Constitution and at least eight (8) members of Unit 2 in good standing according to articles 1.10 and 1.12 of this Constitution. 2.19 – Quorum of the Unit 1 Assembly shall be twenty-four (24) members of Unit 1 in good standing according to articles 1.10 and 1.11 this Constitution. 2.20 – Quorum of the Unit 2 Assembly shall be eight (8) members of Unit 2 in good standing according to articles 1.02 and 1.12 of this Constitution. Binding Decision 2.21 – Any vote of a Unit Assembly, or a General Assembly, indicating that the majority of the members present support a given resolution shall be a binding decision. Voting 2.22 – Any vote of a Unit Assembly, or a General Assembly, shall be taken by a show of hands unless otherwise specified in this Constitution. Prior to the vote, a member may move a non-debatable motion for the vote to be taken by secret ballot. Secret Ballot Voting 2.23 – The following decisions must be taken by a secret ballot vote to be binding: approval of the Collective Agreement(s); strike vote; resolutions of disaffiliation from the Affiliates; amendments to this Constitution; elections of the Executive and Bargaining Committee members. 12 Annual General Assembly 2.24 – The Annual General Assembly shall take place no later than the last day of classes of the Winter semester and must be convened according to 2.15-16. The Annual General Assembly must be called at least fifteen (15) calendar days beforehand. At this meeting there must be: the presentation and adoption of the financial statements for the Union for the fiscal year having just ended and the Union’s budgetary previsions for the upcoming year; elections held for the members of the Executive Committee. Special Assembly 2.25 – Special Assemblies (either General Assemblies or Unit Assemblies) may be convened by the President, upon approval of the Executive Committee. The meeting must be called with at least twenty-four (24) hours’ notice. The notice of the meeting must contain information indicated in 2.15-16. Only the subject(s) indicated on the agenda at the time the meeting is called can be discussed at said meeting. 2.26 – If the majority of the Delegates’ Council vote to call a Special Assembly, the President must then proceed to convene a Special Assembly within seven (7) days unless otherwise specified in the motion, respecting the procedure and time limits outlined in 2.25. 2.27 – The number of members corresponding to the quorum of an Assembly may obtain the calling of a Special Assembly by submitting to an Executive a written petition signed by the members, indicating the purpose(s) or subject(s) of such a meeting. The President must then proceed to convene a Special Assembly within seven (7) days of his or her receipt of the petition, unless the petition provides for a longer delay, and respecting the procedure and time limits outlined in 2.25. 2.28 – Following a majority vote by the members of the Auditing Committee, the President must then proceed to convene a Special General Assembly within seven (7) days, unless the motion provides for a longer delay, respecting the procedure and time limits outlined in 2.25. 2.29 – Following a majority vote by the members of either Unit’s Bargaining Committee, the President must then proceed to convene a Special Unit Assembly within seven (7) days, unless the motion provides for a longer delay, respecting the procedure and time limits outlined in 2.25. 2.30 – The Executive Committee must call a Special Assembly when so requested by an 13 Executive Committee of the affiliates, whereupon the reasons are serious and judged to be in the interest of the Unit’s and/or Union’s members and the labour movement in general. Consultative Assemblies 2.31 – At the discretion of the Chair of any duly convened General Assembly or Unit Assembly, before quorum is reached or after it has been lost, the members present may enter into a Consultative Assembly to discuss the business announced in the proposed agenda. Such an Assembly shall make no binding decisions, but the opinions expressed therein shall be considered in subsequent decisions by the Executive Committee and by Delegate Council. Any such Consultative Assembly shall be immediately adjourned if quorum is met, and the General or Unit Assembly shall be called to order. Strike Vote 2.32 – For a strike vote to be valid and binding, the motion must pass a vote, by secret ballot, of the majority of Union members within the bargaining unit exercising their right to vote. All necessary measures shall be taken to ensure that at least 48 hours’ notice be given in advance of the vote. 14 Chapter Three: Delegates and the Delegates’ Council Composition 3.01 – The Delegates’ Council shall be made up of the following members: the Executive Committee; the Delegates, including five (5) Chief Delegates elected from amongst the other delegates Election of Delegates and Chief Delegates 3.02 – Delegates will be elected by the members of Unit 1 and/or Unit 2 who are employed in a given hiring unit, or be appointed by another process that respects the integrity of the position. There will be one Delegate for each hiring unit (as defined in the Collective Agreements); for hiring units with more than 35 Teaching Assistants, Lab Demonstrators and/or Invigilators, there may be two Delegates. For hiring units with several distinct complexes, for example Enrolment Services, members may elect one delegate for each complex. The term for a Delegate is one (1) year. 3.03 – Chief Delegates will be elected by their peers at the first Delegates’ Council scheduled in the Fall Semester. Interim elections may be held when a Chief Delegate seat is vacant at any Delegates’ Council. There will be five (5) Chief Delegates: at least one (1) from MacDonald Campus and one (1) representing Invigilators. If the reserved seats remain vacant then a Chief Delegate may be selected from among any delegate until a Delegate Council meeting where a delegate fitting the requirements presents themselves for election. The term for the Chief Delegate is one (1) year. Nominations and Voting Procedure for Chief Delegates 3.04 – The nomination period for Chief Delegates will last for five (5) working days, ending at noon (12pm) two (2) working days before the Delegates’ Council where the elections are to be held. The nomination period will be announced via email and the Union website before nomination period begins. The announcement must be in English and in French and contain positions available and responsibilities. 3.05 – Nomination forms must be signed by the nominee and two (2) Delegates. These forms must include the candidate’s name, the position(s) applied for, the bargaining unit she belongs to, the hiring unit and department or complex that she works in and the year of the candidate, languages spoken, and relevant contact information. The candidate may also include a statement. Nomination forms may be submitted in person, by mail, or by fax to the Union office. 15 3.06 – Nomination forms will be made available at the Union office or online via the Union website. The official form need not be used by nominees but is provided by the Union for convenience. 3.07 – There will be a nomination sheet at the Union office, available to the membership, which lists all nominees for all positions. 3.08 – A person may be nominated for only one position during the nomination period. 3.09 – Nominations will also be accepted from the floor at the Delegates’ Council, but only for positions that have one or no nominations. At least two (2) Delegates in attendance must support the nomination by a show of hands. 3.10 – If a member wishes to run for Chief Delegate position but is unable to attend the elections meeting, she may present her candidacy to any position, provided that her nomination is put forward by a member present at the election meeting, who then must present a signed affidavit from the absent member who so wishes to stand for election. 3.11 – Scrutineers will be selected at the Delegates’ Council at which a Chief Delegate is elected. The scrutineers may not be nominated to any of the positions being filled. 3.12 – Nominees will be introduced and may speak to the Delegates at the chair’s discretion. 3.13 – Each vote must be conducted by secret ballot. In the case of competition, the winner shall be the candidate receiving the most votes. The scrutineers shall count the ballots and report the results to the chair of the election; the latter shall only vote in the case of a tie. Only those members in good standing and who are present at the meeting shall be entitled to vote. Eligibility 3.14 – Any member of the Union who is in good standing according to 1.10 of the Constitution is eligible to become a Delegate for their respective Hiring Unit. Any Delegate is eligible to become a Chief Delegate. Responsibilities of the Delegate and the Chief Delegate 3.15 – The responsibilities of the Delegate are: to attend the Delegate training session each year; to ensure that the Unit 1 and Unit 2 Collective Agreements are respected within the hiring unit that she represents; if she is a Delegate in a Unit 1 Hiring Unit, to complete and submit to the union the TA verification forms for her hiring unit no later than fifteen (15) days after the beginning of the semester; 16 to inform the Grievance Officer of any violation of the Unit’s Collective Agreement in her hiring unit; to ensure that newly hired Teaching Assistants and Invigilators join the union and to submit their membership forms; to personally convene the people in the group she represents to all Unit Assemblies and Union Meetings; to assist in the preparation of Unit Assemblies; to attend Delegates’ Council meetings, Unit Assemblies, and Union Meetings; to inform the members she represents of the decisions made by the Delegates’ Council, and to defend in the Delegates’ Council the viewpoint(s) proposed by the members in the hiring unit that she represents; to ensure that a successor is elected prior to her term completion and to transmit to this successor all the properties of the union in her possession including the delegate email account, as well as all pertinent information or documentation. 3.16 – The responsibilities of the Chief Delegates include all items in 3.15 and: to convene, prepare and organize Delegates’ Council meetings, which shall normally be chaired by one of the Chief Delegates as determined by the Delegates’ Council; to aid the Executive Committee in recruiting Delegates within the areas of campus assigned to that Chief Delegate; to serve as a resource person for other Delegates in their respective areas of campus on questions regarding the Collective Agreement and union activities; to ensure that once a month, one Chief Delegate attends an Executive Committee Meeting to coordinate mobilization, union life and other planning initiatives; to work with the executive committee, in particular the Mobilization and Communications Officer, to organize the logistics necessary for Delegates’ Council meetings, Mobilization Committee meetings, Union events and Campaigns as mandated by the General Assembly and the Delegates’ Council; to mobilize members during bargaining and for other campaigns in conjunction with the Mobilization and Communications Officer and the Mobilization Committee, which shall be chaired by one of the Chief Delegates as determined by Delegates Council. Responsibilities of the Delegates’ Council 3.17 – The Delegates’ Council assumes authority between the Unit Assemblies and has the following responsibilities: to ensure that the Executive Committee follows through on the mandates given to it by the Assemblies; 17 to assist the Executive Committee with the responsibilities of any vacant Executive Positions and work to replace any unit representative who resigns, is unable to act, or is absent, in accordance with 4.30; to elaborate on the policy and activities of the Union between Assemblies, especially those involving the Collective Agreement and inter-union matters; to create the appropriate unit-level committees to see to the proper functioning of the Union and to elect members to said committees; to name Delegates to represent the Union to the various bodies where the Union participates; to approve and provide the Executive Committee with a list of Delegates and Chief Delegates who have fulfilled their requirements as per 3.15 and 3.16 respectively, no less than one (1) week before the deadline for the distribution of honoraria as per 3.21 and 3.22. Compensation 3.18 – Each Delegate in good standing shall receive an honorarium, in an amount determined at the Annual General Assembly, for each semester where Unit 1 and/ or Unit 2 members are working in their Hiring Unit. 3.19 – Each Chief Delegate in good standing shall receive an honorarium, in an amount determined at the Annual General Assembly to be paid in two instalments. 3.20 – Delegates elected by November 1, March 1, and July 1 will receive honoraria for the Fall, Winter, and Spring/Summer semesters, respectively. 3.21 – Provided that 3.15 is fulfilled, honoraria for Delegates will be prepared December 1, April 1, and August 1, for the Fall, Winter, and Spring/Summer semesters, respectively. 3.22 – Provide that 3.16 is fulfilled, honoraria for Chief Delegates will be prepared December 15th and April 15th. 3.23 – When required to travel away from the Union office for Union business Delegates and Chief Delegates shall be compensated for travel expenses subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. For union-related travel requiring an overnight stay, accommodation expenses, meal expenses that are incurred in the course of union duties will be compensated subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. When meetings are required for Union duties outside normal working hours, childcare expenses may be reimbursed to Delegates and Chief Delegates at a predetermined rate where such expenses are pre-approved by the Executive Committee. 18 Meetings 3.24 – The Delegates’ Council shall meet at least three times each academic term (excluding the summer term). Any member in good standing of the Unit may attend and participate in the Delegates’ Council, but the right to vote belongs only to those officially designated to the Council. Quorum 3.25 – The quorum of the Delegates’ Council is fifteen (15) of the people that have voting seats on the Council. Binding Vote 3.26 – For a vote to be binding there must be a majority vote of the present Delegates. Suspension and/or Recall 3.27 – A Delegate or Chief Delegate may be temporarily suspended from their duties (pending removal from council) for any of the following reasons: intentionally participating in or instigating any activity that compromises the ability of the union to fulfill its obligations to its members; disclosure of confidential information except as provided by law; misrepresentation or breach of trust causing demonstrable harm to the union or its members; neglecting the duties of the office as defined in article 3.15 or 3.16 of this Constitution. 3.28 – Any suspension under shall take effect immediately upon a two-thirds vote by the Delegates’ Council. 3.29 – Procedure: the Delegate or Chief Delegate shall be informed of the vote to suspend and the time and place of the meeting within a reasonable amount of time given the nature of the offence; the vote shall take place in open session and the meeting minutes must include the reason(s) for suspension; the Delegate or the Chief Delegate subject to the suspension vote shall have the opportunity to present a rebuttal to the other members of the committee. 3.30 – To remove a Delegate or a Chief Delegate from council or to extend her suspension, a General Assembly shall be convened within three (3) weeks of the suspension process (3.27). The Delegate shall have the right to present their rebuttal to the assembly. The 19 member subject to suspension or exclusion shall neither have a vote nor chair the meeting. Upon a two-thirds majority vote, the Delegate or the Chief Delegate can be deemed removed from office. If the vote fails, the Delegate shall be reinstated. 20 Chapter Four: The Executive Committee Composition 4.01 – The Executive Committee shall be made up of five (5) permanent positions and up to two (2) additional positions during bargaining periods: one (1) President; one (1) Secretary-Treasurer; one (1) Communications and Mobilization Officer; two (2) Grievance Officers (respectively for teaching assistants and invigilators); two (2) Bargaining Chairs (respectively for teaching assistants and invigilators) [periodic position]; Attributes 4.02 – At least the President or the Communications Officer shall be fluently bilingual (French/English). 4.03 – At least one of the permanent positions shall be filled by a woman. 4.04 – If the permanent positions remain vacant in accordance with 4.02 and 4.03, then these articles will no longer apply at the General Assembly and all nominations from the floor will be entertained, as per 4.22. 4.05 – One may hold only one Executive Committee position at a time. 4.06 – One Grievance Officer shall be primarily responsible for Unit 1. The other Grievance Officer shall be primarily responsible for Unit 2. Each of these positions shall be filled by a member of their respective Unit. 4.07 – If it is not possible to meet the conditions outlined in article 4.06 at the time of an election, the position shall be filled on an interim basis with elections to be held as soon as possible to permit these conditions to be met. Positions 4.08 – The President shall be, with the assistance of the Communications and Mobilization Officer, the public face of the Union as the spokesperson and official media contact; shall facilitate the smooth functioning of the Executive Committee; shall convene and (normally) chair the General Assembly, Unit Assemblies, and Executive Committee meetings, in accordance with the Constitution; she shall 21 temporarily abandon the chair during a meeting to another member of the Executive Committee if she wishes to take a position in the debate; shall vote in Executive Committee meetings, Delegates’ Council and General Assembly meetings only to break a tie; shall have the right to sit ex-officio on any committee of the Union including the Bargaining Committees; shall promote inter-unit solidarity; shall represent, or ensure the Union’s representation, in all relevant extra-union committees and meetings on which the Union has a seat, and give timely reports to the Executive Committee in order to update members on the actions and decisions made by the committees and bodies on which she is seated; shall be responsible for the maintenance of the Constitution; shall be a signing officer of the funds of the Union; shall inform the Executive Committee in advance of all meetings of the Affiliates’ various instances and ensure the appropriate representation of both units (proportional to the unit’s membership) on the Union’s delegations to those instances 4.09 – Secretary-Treasurer shall be a signing officer of the funds of the Union; shall oversee the administration of the Union’s finances, respecting this Constitution shall ensure that all financial transactions are properly recorded in the appropriate accounting statements and registers as per the system established by the CSN shall oversee the collection of all union dues and money owed to the Union and shall oversee the verification of dues lists received from the University shall present to the Executive Committee every month, or upon request, the bank reconciliation and that unit’s financial statements shall deposit, as soon as possible, to the appropriate financial institution any funds on hand, and send the appropriate amounts owed to the Affiliates shall prepare an annual financial statement at the end of the fiscal year and ensure its presentation to the Executive Committee and General Assembly shall be empowered, at all times, to disclose the Union’s ledgers and all relevant supporting documents to the duly authorized representative of the Executive Committee of the CSN and to the Union’s Auditing Committee shall submit a draft budget of Union finances for the next fiscal year to the Executive Committee by February 1 shall attend Auditing Committee meetings 22 shall complete the CSN treasurer training shall be responsible for the financial records of the Union, including managing the expense reports for the Union; shall audit and approve Executive and Bargaining Committees’ timesheets and reimbursement/ advance forms; shall ensure a responsible Union Budget is drafted by the Executive Committee and presented to the Annual General Assembly; shall ensure that the Union Budget is respected and is readily available to members; shall ensure that the minutes are taken for the Executive Committee, Assemblies, and any other official Union meeting; she shall circulate the minutes of each preceding meeting and enter said minutes in a register to be signed by the chair of that meeting shall supervise any statutory employees of the Union shall oversee membership databases shall ensure the privacy of any member information held by the Union shall ensure that all membership cards are logged and securely stored shall serve as the primary officer responsible for archiving historical records and promoting institutional memory shall maintain a union-wide calendar of meetings and events 4.10 – Communication and Mobilization Officer shall be, alongside the President, the public face of Unit 1 and Unit 2 as the spokesperson and official media contact; shall, in the event that the President suffers a prolonged absence or is otherwise unable to perform her duties, assume the duties of the President until such time as she is able to resume her duties, or is temporarily replaced in accordance with 4.30; shall be responsible for outreach and publicity campaigns, such as posters and ads, for the Union’ events and campaigns; shall be the Executive Committee member primarily responsible for communication from the Executive Committee to the membership of the Union, including listserv emails; shall be responsible for ensuring that the email lists are updated with new members whenever new appointments lists are received; shall be responsible for the content and design of the Union’s website(s) and any other social media platform utilized by the Union; in coordination with the President, shall be a media contact for the Union; shall maintain the list of delegate and chief delegates; 23 shall be the main contact for the Chief Delegates and Delegates for all matters not relating to grievances; shall sit on the mobilization committee. 4.11 – Grievance Officer (2 positions) shall become familiar with the Collective Bargaining Agreement of the Bargaining Unit to which she belongs; shall perform research on behalf of a member of either Unit who has filed a complaint or grievance, or who has the intention of doing so; shall assist members of the Union in the drafting of complaints and in the drafting and filing of grievances; shall normally perform the role of “union” where mentioned in the Unit 1 and 2 Collective Agreements, namely Articles 8 and 9 and the Letter of Agreement B Re: Workload Dispute Settlement Procedure; shall, with the assistance of the Communications and Mobilization Officer, inform members of the Union of the proper causes of grievances and of the grievance procedure; shall oversee the completion of TA verification forms and the maintenance of such records; shall be the primary contacts for Delegates on grievance-related issues; shall, with the assistance of Communications and Mobilization Officer, make readily available all grievance-related materials, including, but not limited to, workload forms and descriptions of the grievance procedure, in both French and English; shall sit on any University committee which concerns workplace conditions and shall give timely reports to the Executive Committee and the Unit Assemblies of important developments; shall be responsible for the Union’s files pertaining to equity issues; shall be responsible for handling the Union’s files dealing with health and safety on the job and work-related accidents; shall assist in accident investigations involving members of the Union; shall have a seat on the Bargaining Committees of their respective Unit shall act as the chairperson at UMC/LRC meetings for the Bargaining Unit she belongs to and shall be normally accompanied by the President. Responsibilities 4.12 – The responsibilities of the Executive Committee are as follows: to guide the Union’s affairs; to keep informed on labour issues and current affairs at McGill; 24 to determine the time and place of Assemblies and the Delegates’ Council; to authorize expenditures set out in the budget, and whose maximum amount has been determined by the General Assembly; to ensure that the rules, regulations and mandates adopted by the General Assembly or Delegates’ Council are respected; to set up any committee required to study, to discuss, to promote, or to further the goals of the Union; in coordination with the Delegates’ Council, to name representatives to represent the Union to the various bodies on which the Union participates; to receive and examine all communications and information submitted to them by the General Assembly, and to report back to the General Assembly; to abide by the decisions made by the General Assembly, which constitute a mandate to be executed on behalf of the members of the Union; to submit to the General Assembly any question or issue requiring a vote by the members; to present a report of the previous year's activities and accomplishments to the Annual General Assembly; to authorize all the procedures and legal acts necessary for the best interest of the Union; to encourage membership drives within the faculties; to encourage Delegates’ Council representation within the faculties that each member represents; to organize training for Delegates at least once at the start of each semester; shall assume responsibility for fulfilling tasks of any vacant Executive Committee position until the position is filled; to ensure that all policies established in the Policy Manual are respected. Compensation 4.13 – Executives will be paid at the standard TA rate up to a maximum number of hours as determined in the budget by the Annual General Assembly. When required to travel away from the Union office for Union business they shall be compensated for travel expenses subject to the standards in force at the CSN when such expenses are preapproved by the Executive Committee. For union-related travel requiring an overnight stay, accommodation expenses, meal expenses that are incurred in the course of union duties will be compensated subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. When meetings are required for Union duties outside normal working hours, childcare expenses shall be reimbursed 25 to Executives subject to the standards in force at the CSN where such expenses are preapproved by the Executive Committee. Eligibility 4.14 – Any member of the Union in good standing according to article 1.10 of the Constitution is eligible to become a member of the Executive Committee. Length of Office 4.15 – The term of office for the permanent positions of the Executive Committee shall be one (1) year, from May 1 to April 30. Nominations 4.16 – The nomination period for the Executive Committee will last for five (5) working days, ending at noon (12 pm) five (5) working days before the Assembly where the elections are to be held. The nomination period will be announced via email and the Union website before the nomination period begins. The announcement must be in English and French and contain positions available, job descriptions (4.08 to 4.12), and the text of articles 4.02 and 4.03. 4.17 – Nomination forms must be signed by the nominee and five (5) members of the Union in good standing. These forms must include the candidate’s name, the position(s) applied for, the department of the candidate, languages spoken, and relevant contact information. Nomination forms may be submitted in person, by mail, email or by fax to the Union office. 4.18 – Nomination forms will be made available at the Union office or online via the Union website. The official form need not be used by nominees but is provided by the Union for convenience. 4.19 – There will be a nomination sheet at the Union office available to the membership that lists all nominees for all positions. 4.20 – A person may be nominated for only one position during the nomination period. 4.21 – Nominations will also be accepted from the floor at a General Assembly, but only for positions that have one or no nominations, or in the case that 4.02, 4.03 and/or 4.08 are not fulfilled. At least five (5) members in attendance must support the nomination by a show of hands. 4.22 – If a member wishes to run for a position on the Executive Committee but is unable to attend the elections meeting, she may present her candidacy to any position, provided 26 that her nomination is put forward by a member present at the election meeting, who then must present a signed procuration from the absent member who so wishes to stand for election. Elections - Procedure 4.23 – The meeting at which the elections for permanent Executive Committee positions are held shall name a chair of the election, someone to take the minutes of the election, and scrutineers to participate in the counting of the ballots. These named individuals may not be nominated to any of the positions being filled. 4.24 – Nominees will be introduced and may speak to the membership at the chair’s discretion. Elections - Acclamation Procedure 4.25 – If only one person accepts the nomination to any of the positions to be filled, the General Assembly shall vote by secret ballot to endorse the acclamation of the position. If the General Assembly votes against the win by acclamation, then the position remains unoccupied and the election procedure will repeat at the following General Assembly. Elections - Vote 4.26 – In the case of competition, each vote must be conducted by secret ballot. In the case of competition, the winner shall be the candidate receiving the most votes. The scrutineers shall count the ballots and report the results to the chairperson of the election; the latter shall only vote in the case of a tie. Only those members in good standing and who are present at the meeting shall be entitled to vote. Inaugural Meeting 4.27 – Within one (1) month of election, the new Executive Committee shall convene a planning meeting to schedule all foreseeable activities for the academic year. Training 4.28 – Within the first month of Executive Committee elections, attempts shall be made to arrange training for the newly elected members. Minutes 4.29 – The Executive Committee shall appoint (a) minute-taker(s) from among the Executives to record the transactions of unit meetings, including but not limited to Unit Assemblies, Delegates’ Councils, and Executive Committees. The minute-taker(s) shall provide the chair of the meeting with the minutes within forty-eight (48) hours of the meeting’s 27 conclusion. When the minutes are approved at the following meeting, the chair shall sign them and give them to the Office Coordinator for filing. Approved minutes should be available to members electronically and in hard copy within 24 hours of being requested, and whenever possible should be posted on the Union website. Vacancy 4.30 – If an Executive Committee position becomes vacant, the Delegates’ Council may appoint an acting replacement from among the members of the Council, or the unit membership. Within three (3) months, there must an election to fill the vacant position in accordance with 4.15-26. Completion of the Term of Office 4.31 – At the completion of their office terms, all members of the Executive Committee must transfer to their successors all union properties, as well as all useful information and pertinent documentation. Meetings 4.32 – The Executive Committee shall meet at least once a month, in accordance with the provisions that they shall determine. Any member in good standing of the union according to 1.10 of the Constitution may attend and participate in the Executive Committee Meeting, but the right to vote belongs only to Executive Committee members. Notice of Meeting 4.33 – Executive Committee Meetings must be called with at least seven (7) calendar days’ notice by the best means possible. In an emergency situation, the chair may call a meeting with twenty-four (24) hours’ notice. 4.34 – The notice of meeting must contain at least the following information: date of the meeting; time of the meeting; location of the meeting; agenda. Quorum 4.35 – The quorum of an Executive Committee meeting is 50% of the voting positions that are filled. 28 Binding Vote 4.36 – The decisions of the Executive Committee shall be made by a majority vote of the voting members present. Special Meetings 4.37 – Special Executive Committee meetings may be convened by the President, usually after an official notice of at least twenty four (24) hours; 4.38 – In addition to the information listed in Article 4.34 of this Constitution, the notice of meeting for a Special Executive Committee meeting must include the reason(s) for the said meeting. Only this (these) subject(s) can be discussed at the said meeting. At any time, the number of members corresponding to the quorum of an Executive Committee meeting may obtain the calling of a Special Executive Committee by submitting to the President a petition indicating the purpose(s) or subject(s) of such a meeting. 4.39 – The President must call a Special Executive Committee Meeting when so requested by the Executive Committee of the affiliates, whereupon the reasons are serious and judged to be in the interest of the union’s members and the labour movement in general. Decision Making Protocol 4.40 – Executive Committee decisions will be taken at regularly-scheduled committee meetings according to the procedure outlined in the Policy Manual. It is the responsibility of individual Executive Committee members to submit new business (including any proposals, initiatives, and projects that arise between Unit Assemblies) to the chair for inclusion in the meeting agenda. Submissions should be made by email in advance of the meeting whenever possible. 4.41 – After a vote has been taken, it is the responsibility of all Executives to abide by the decision that has been reached by the Executive Committee, irrespective of their personal position on the matter. Suspension and/or Recall from Office - Justification 4.45 – Any elected member of the Executive Committee may be temporarily suspended from her position by the Executive Committee (pending removal from office) for any of the following reasons: intentionally participating in or instigating any activity that compromises the ability of the union to fulfill its obligations to its members; unauthorized use of union funds; 29 disclosure of confidential information except as provided by law; misrepresentation or breach of trust causing demonstrable harm to the union or its members; knowingly disregarding mandates or the Constitution. Suspension and/or Recall from Office - Procedure 4.46 – Any member of the Executive Committee may be suspended from office by the remaining members of the Executive Committee or by the Delegates’ Council. The suspension shall take effect immediately upon a unanimous vote by the Executive Committee or two thirds (2/3) vote by the Delegates’ Council. the members of the suspending body, and the Executive Committee member in question, shall be informed of the vote to suspend, and the time and place of the meeting within a reasonable amount of time given the nature of the offence; the vote shall take place in open session and the meeting minutes must include the reasons(s) for suspension; the committee member subject to the suspension vote shall have the opportunity to present a rebuttal to the other members of the committee. 4.47 – A Special General Assembly shall be convened within three (3) weeks of the suspension process described above. The suspended Executive shall have the right to present their rebuttal to the Assembly. The chair will present a motion on behalf of the suspending body to remove the individual from office. In the event that the vote fails, the Executive shall be reinstated. 4.48 – In the intervening period between the suspension of the committee member (4.46) and the vote of the General Assembly (4.47), the Executive member shall relinquish all keys and other union property in their possession. They shall be paid for any hours worked up to the moment of suspension, unless the hours worked are linked to the reason(s) for suspension from office. 4.49 – Notwithstanding the above, any officer elected by the General Assembly may be removed from office at any time by the General Assembly given that the motion is submitted for inclusion to the agenda no less than 5 days before the assembly. 30 Chapter Five: The Bargaining Committees Composition 5.01 – The Unit 1 Bargaining Committee shall be made up of five (5) positions: one (1) Unit 1 Bargaining Chair; two (2) Unit 1 Bargaining Officers; the Grievance Officer representing Unit 1; the President, who shall sit at Unit 1 Bargaining Committee meetings but shall not normally be present at bargaining sessions. 5.02 – The Unit 2 Bargaining Committee shall be made up of five (5) positions: one (1) Unit 2 Bargaining Chair; two (2) Unit 2 Bargaining Officers; the Grievance Officer representing Unit 2; the President, who shall sit at Unit 2 Bargaining Committee meetings but shall not normally be present at bargaining sessions. 5.03 – At least one (1) of the Bargaining Chair or the Bargaining Officers must be a woman. 5.04 – At least one member must be fluently bilingual (French/English). 5.05 – If the Bargaining Chair or Officer positions were to be vacant in accordance with 5.03 and 5.04, then these articles will no longer apply at a Unit Assembly and all nominations from the floor will be entertained, as per 5.13. 5.06 – A member of the Executive Committee is not eligible to stand for election for Bargaining Chair or Bargaining Officer for either Unit unless this member resigns her Executive position in order to stand for election to the bargaining position or the term of the Executive member ends before the beginning of the term for the Bargaining position. Responsibilities 5.07 – The responsibilities of a Bargaining Committee are as follows: to conduct negotiations with McGill on behalf of the Unit; to perform all necessary research and presentation of data in support of negotiations; to provide regular updates on negotiations to the Executive Committee, the Delegates’ Council, and the General Assembly and the Unit Assembly. Nominations 5.08 – The nomination period for the Bargaining Chair and Bargaining Officer positions will last 31 for five (5) working days, ending at noon (12 pm) five (5) working days before the Unit Assembly where the elections are to be held. The nomination period will be announced via email and the Union website before the nomination period begins. The announcement must be in English and French and contain positions available, responsibilities (5.07), 5.03 and 5.04. 5.09 – Nomination forms must be signed by the nominee and five (5) members of the Unit in good standing. These forms must include the candidate’s name, the position(s) applied for, the department and year of the candidate, languages spoken, and relevant contact information. Nomination forms may be submitted in person, by mail, by email, or by fax to the Union office. 5.10 – Nomination forms will be made available at the Union office or online via the Union website. The official form need not be used by nominees but is provided by the Union for convenience. 5.11 – There will be a nomination sheet at the Union office, available to the membership, which lists all nominees for all positions. 5.12 – A person may be nominated for only one position during the nomination period. 5.13 – Nominations will also be accepted from the floor at a Unit Assembly, but only for positions that have one or no nominations, or in the case that 5.03 and/or 5.04 are not fulfilled. At least five (5) members in attendance must support the nomination by a show of hands. 5.14 – If a member wishes to run for a position on the Bargaining Committee but is unable to attend the elections meeting, she may present her candidacy to any position, provided that her nomination is put forward by a member present at the election meeting, who then must present a signed procuration from the absent member who so wishes to stand for election. Elections 5.15 – No less than twelve (12) months before the expiration of a Collective Agreement, three (3) members from the Unit shall be elected at a Unit Assembly to form a Bargaining Committee. Elections - Procedure 5.16 – The meeting at which the Bargaining Committee elections are held shall name scrutineers to participate in the counting of the ballots. The scrutineers may not be nominated to any of the positions being filled. 32 5.17 – Nominees will be introduced and may speak to the membership at the chair’s discretion. Elections - Acclamation Procedure 5.18 – If only one person accepts the nomination to any of the positions to be filled, the Unit Assembly shall vote by secret ballot to endorse the acclamation of the position. If the Unit Assembly votes against the win by acclamation, then the position remains unoccupied and the election procedure will repeat at the following Unit Assembly. Elections - Vote 5.19 – Each vote must be conducted by secret ballot. In the case of competition, the winner shall be the candidate receiving the majority of the votes. The scrutineers shall count the ballots and report the results to the chair of the election; the latter shall only vote in the case of a tie. Only those members in good standing and who are present at the meeting shall be entitled to vote. Length of Office 5.20 – The term of office for the Bargaining Chair and Officers shall begin 12 months before the expiration of the Collective Agreement and shall last until the end of the semester in which a new Collective Agreement is signed. Compensation 5.21 – Members of the Unit 1 Bargaining Committee will be paid at the standard TA rate up to a maximum number of hours as determined in the budget by the Annual General Assembly. When required to travel away from the Union office for Union business they shall be compensated for travel expenses subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. For union-related travel requiring an overnight stay, accommodation expenses, meal expenses that are incurred in the course of union duties will be compensated subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. When meetings are required for Union duties outside normal working hours, childcare expenses may be reimbursed to Executives at a predetermined rate where such expenses are pre-approved by the Executive Committee. 5.22 – Members of the Unit 2 Bargaining Committee will be paid at the standard TA rate up to a maximum number of hours as determined in the budget by the Annual General Assembly. When required to travel away from the Union office for Union business they shall be compensated for travel expenses subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. For union-related 33 travel requiring an overnight stay, accommodation expenses, meal expenses that are incurred in the course of union duties will be compensated subject to the standards in force at the CSN when such expenses are pre-approved by the Executive Committee. When meetings are required for Union duties outside normal working hours, childcare expenses may be reimbursed to Executives at a predetermined rate where such expenses are pre-approved by the Executive Committee. Suspension and/or Recall from Office - Justification 5.23 – Any elected member of either Unit Bargaining Committee may be temporarily suspended from her position by the same Unit Bargaining Committee (pending removal from office) for any of the following reasons: jeopardizing the bargaining process through any means, including but not limited to unauthorized meetings and/or communications with the employer or their representatives; intentionally participating in or instigating any activity that compromises the ability of the union to fulfill its obligations to its members; unauthorized use of union funds; disclosure of confidential information except as provided by law; misrepresentation or breach of trust causing demonstrable harm to the union or its members; knowingly disregarding mandates or the Constitution. Suspension and/or Recall from Office - Procedure 5.24 – Any member of either Unit Bargaining Committee may be suspended from office by the remaining members of the Bargaining Committee or by the Delegates’ Council. The suspension shall take effect immediately upon a unanimous vote by the Bargaining Committee or two thirds (2/3) vote by the Delegates’ Council. the members of the suspending body, and the Bargaining Committee member in question, shall be informed of the vote to suspend, and the time and place of the meeting within a reasonable amount of time given the nature of the offence; the vote shall take place in open session and the meeting minutes must include the reasons(s) for suspension; the committee member subject to the suspension vote shall have the opportunity to present a rebuttal to the other members of the committee or Delegates’ Council. 5.25 – A Special Unit Assembly shall be convened within three (3) weeks of the suspension process described above. The suspended Bargaining Committee member shall have the right to present their rebuttal to the Assembly. The chair will present a motion on behalf 34 of the suspending body to remove the individual from office. In the event that the vote fails, the Bargaining Committee member shall be reinstated. 5.26 – In the intervening period between the suspension of the committee member (5.24) and the vote of the Unit Assembly (5.25), the Bargaining Committee member shall relinquish all keys and other union property in their possession. They shall be paid for any hours worked up to the moment of suspension, unless the hours worked are linked to the reason(s) for suspension from office. 5.27 – Notwithstanding the above, any officer elected by the Unit Assembly may be removed from office at any time by the Unit Assembly given that the motion is submitted for inclusion to the agenda no less than 5 days before the assembly. 35 Chapter Six: Union Finances Union Accounts 6.01 – The Union shall maintain, in distinct accounts or folios, the following funds: a fund for the Executive Committee and expenses related to union-wide activities; a strike fund for each unit for member support during legally declared labour actions. Fiscal Year 6.02 – The fiscal year of the Union shall begin March 1 and end on the last day of February. Investment Policy 6.03 –Any investments made by the Union must be in the form of socially responsible investments and remain consistent with the objectives of the Union (1.04), after consultation with an accredited financial advisor. The General Assembly alone may adopt specific directives related to investment consistent with this article; any such directives shall constitute a “Union Investment Policy” and shall appear as an annex to the Constitution. Signing Officers 6.04 – The signing officers for Union funds shall be the President, Secretary-Treasurer, and the Communications and Mobilization Officer. Cheques dispensing Union funds shall be signed by two signing officers, except in cases of emergency or in cases where a signing officer has given written permission. Union Budget 6.05 – The Union Budget shall include expected revenue and expenses for each Union fund. 6.06 – The Union Budget shall include allocations for the following: liberations for the Executive Committee and the Bargaining Committee; salary and benefits of any statutory employees of the union; office and administrative expenses; a discretionary fund for Union activities and initiatives of the Executive Committee. 6.07 – The Executive Committee shall prepare the Union’s budget. 36 Special Funds 6.08 – The Executive Committee may, from time to time, establish special funds for new projects. Any fund established by the Executive Committee shall expire at the following Annual General Assembly, unless confirmed as a permanent fund by the general membership. Annual Financial Report 6.09 – The Annual Financial Report shall be presented and adopted at each Annual General Assembly and shall contain the following: financial statements for the fiscal year about to end (or just ended); the report of the Auditing Committee; the Union Budget to be approved for the following fiscal year; Internal Reporting 6.10 – The Secretary-Treasurer shall provide to the Executive Committee a quarterly report displaying the forecast union annual budget compared with actual expenses and revenues during the reporting period. 37 Strike Funds 6.11 – The strike funds of each Unit can be used by the Executive Committee for operating expenses under exceptional circumstances and only with a two-thirds majority vote from the General Assembly. 6.12 - When contributions are made to the strike funds, they must be made to both Units’ funds in the proportion of the dues revenues of each Unit. 6.13 - Notwithstanding article 6.18, the General Assembly may decide to make a contribution to a single Unit’s strike fund independently of the others, if that Unit has never engaged in a strike, and if that Unit’s strike fund is of less than $30 000. 6.14 In the case that a Unit is on strike and has depleted their strike fund, or is about to deplete it, funds may be transferred to that Unit’s strike fund from the general revenues, or in the form of inter-fund transfers from another strike fund, upon a twothirds majority vote from the General Assembly. In case of an inter-fund transfer from another Unit’s strike fund, the General Assembly may decide to contribute back into the granting Unit’s strike fund, notwithstanding article 6.18, without making a contribution to the other two Units up to the amount that was lent to the striking Unit. Any funds remaining in the strike fund of the Unit who received the transfer, at the end of the strike shall be returned to the fund they were transferred from. 38 Chapter Seven: Rules of Order Jurisdiction 7.01 – The following chapter shall apply to the General Assemblies, Unit Assemblies, and Delegate Council meetings. Calling the Meeting to Order 7.02 – The appointed chair shall call the meeting to order at the prescribed time and chair the meeting. Agenda 7.03 – The chair shall not depart from the agenda unless a majority of present members so decide. Any amendments to the agenda must be passed by a majority vote. Vote 7.04 – When a vote is called, all discussion shall cease; the question shall be put to a vote by a show of hands, unless a secret ballot or nominal vote is duly requested. A majority of the members present shall be necessary for a motion to be binding. Only in the case of a tie vote shall the chair have the right to vote. 7.05 – A single member may request that a vote be taken by secret ballot, or nominally, as long as she has so requested before the chair of the meeting has called for the vote. Notice of a Motion 7.06 – To rescind a motion that has already been duly adopted by the General Assembly one must proceed as follows: 1. A notice of motion must be presented to the General Assembly by a union member. Said notice of motion cannot be discussed at the meeting at which it is presented; 2. At the following General Assembly, the member who has presented the motion must be present. After said member has spoken on the motion, said motion must receive the support of a common majority of the members present so as to put the original motion that is to be reconsidered back on the table. Once the original motion is back on the table a common majority vote of the members present is again necessary. Adjournment 7.07 – A motion to adjourn a meeting can always be received by the chair. However a motion to 39 adjourn can be defeated by a majority vote of the members present. The chair shall adjourn the meeting when the agenda has been completed. Motions 7.08 – Every motion must be seconded, written down in the minutes by the Secretary-General and read to the meeting before discussion begins. At this point, the motion belongs to the meeting and it cannot be withdrawn without the unanimous approval of the meeting. 7.09 – As long as a motion has not been disposed of, no other motion may be received by the chair except one aiming to amend, to table, to refer to a committee, to put immediately to a vote (previous question) or to adjourn the meeting. Amendments 7.10 – An amendment must refer to the subject of the principal motion. 7.11 – The amendment cannot bring up a totally new matter. 7.12 – The amendment shall be received by the chair even if it altogether changes the nature of the principal motion, without straying from its subject. 7.13 – An amendment may simply delete, add or replace certain words in the original motion. Sub-Amendments 7.14 – A sub-amendment must only refer to the terms of the amendment. It must aim only to delete, to add, or to replace certain words in the amendment. It must not seek to bring back the terms of the original motion that were modified by the amendment. Previous Question 7.15 – The previous question permits discussion to be terminated if at least five (5) people have spoken to the motion, the amendment, or the sub-amendment. 7.16 – A successful previous question requires the meeting to immediately vote on the question at hand. 7.17 – The member who moves the previous question, must not have spoken earlier on the current question at hand (the motion, amendment or sub-amendment). 7.18 – To be carried, the previous question must receive the support of two-thirds (2/3) of the members present. If the previous question is defeated, it may not be presented again until there have been at least five (5) more speakers. 40 7.19 – The person who moves the previous question must indicate whether he or she will permit those inscribed on the speaker's list to speak. Privileged Motions 7.20 – Privileged motions are designed to permit a member, at any time during a meeting, to raise any pressing matter dealing with a unique item or a question of widespread interest to the Union. Etiquette 7.21 – Once the meeting has been called to order, members must remain seated and strictly quiet. 7.22 – When a member is given the floor, she must stand (if able) and give her name. She must address the chair and must not stray from the subject under study and must avoid insults, contempt, threats, racist or sexist comments, personalizing any comments, as well as swearing. 7.23 – When several members ask for the floor at the same time, the chair shall decide who shall be called upon first. Right to Speak 7.24 – The chair of the meeting shall give the floor to speakers who so desire, in the sequence that said speakers have indicated their desire to speak. 7.25 – The speaker shall not be recognized a second time until all who desire to speak on the first turn have done so. The same shall apply for succeeding turns. 7.26 – The chair may require that speakers limit their statements to three (3) minutes on their first turn and two (2) minutes on their second. 7.27 – The chair of the meeting should recognize diversity in the speaking order. Call Back to Order 7.28 – Any member who strays from the subject, or who uses injurious language shall be immediately called back to order by the chair. In the case of a recurrence, the latter, on the instruction of the meeting, shall no longer recognize the member's right to speak for the duration of the meeting. Point of Order 7.29 – When a point of order is raised, all discussion on the motion shall cease. The chair shall 41 dispose of the point of order, unless an appeal is put to the meeting. Procedural Dispute 7.30 – Where there is a dispute regarding a procedure not covered by the present Constitution, the rules of order of the CSN shall prevail. 42 Chapter Eight: Amendments to the Constitution Amendments 8.01 – Subject to 7.04, the General Assembly has the power to modify the present statutes, within the framework of the statutes of the Affiliates. 8.02 – Any modification of the Constitution must be approved by a two-thirds (2/3) majority vote of the members present. 8.03 – A copy of any modifications of the constitution must be forwarded to FNEEQ and the CCMM. Restrictions to Amendments 8.04 – Articles 1.05-9, 8.01-3, and 8.04 of the present statutes cannot be abrogated without written consent from the Affiliates, except if the union has disaffiliated in accordance to the procedure provided for in 1.06-9. Dissolution of the Union 8.05 – When a resolution of dissolution of the Union has been adopted, in accordance to the present statutes, the assets of the Union shall be forwarded to the Professional Defense Fund (FDP) of the CSN, unless the General Assembly has decided otherwise. 43 Chapter Nine: Committees Types of Committees 9.01 – The Union includes the following Permanent Committees: The Executive Committee The Auditing Committee The Equity Committee The External Affairs Committee The Mobilization Committee 9.02 – The General Assembly and Delegate Council may establish Union Committees. The Unit Assemblies may establish Unit Committees. The Executive Committee may establish Ad Hoc Committees. 9.03 – The Bargaining Committee is a periodic committee and is elected by a Unit Assembly as defined in Chapter 5. Powers 9.04 – The Executive and Bargaining Committee have the power granted to them in this Constitution. Other Permanent Committees, Union Committees and Unit Committees have the powers granted to them by this Constitution and by the decisions establishing them. Ad Hoc Committees are working sub-committees of the Executive Committee and have the powers granted to them by the Executive Committee. No committee decisions may contradict this Constitution, or a decision by the General Assembly or Delegate Council. Compensation 9.05 – The compensation for the Executive Committee and Bargaining Committee are established in Chapters 4 and 5 respectively. 9.06 – The chair of a Permanent Committee (other than the Executive Committee), and the other members of the Auditing Committee, are entitled to an (additional) honorarium as determined in the annual budget. The General Assembly or Delegate Council may extend this honorarium to any additional committees, or any additional committee members. 9.07 – Compensation for committee members is subject to the annual budget. 44 Procedure and Structure 9.08 – Meetings of a committee shall be convened by a committee chair, with due notice given to all members of the committee. 9.09 – Notes or minutes shall be taken at all committee meetings and shall at minimum record any decision made by the committee. Election of Permanent Committee Members 9.10 – Any member in good standing as per article 1.10 is eligible to become a member of a committee. The body establishing a Union Committee, Unit Committee or Ad Hoc Committee also appoints members to that committee. 9.11 – Members of the Union shall be elected to each of the Permanent Committees, with the exception of the Executive Committee, in the same manner as the Executive Committee is elected (4.14-26). Three (3) members shall be elected to the Auditing Committee; the General Assembly shall set the number of members elected to the other committees No one who has a seat on any other Permanent or Union committee may be a member of the Auditing Committee. The Delegate Council may also appoint members to any Permanent Committee or Union Committee on an interim basis. Auditing Committee - Recognition of the Union’s Auditors 9.12 – At any time, a person authorized to represent the Affiliates may proceed with an audit of the books of the Union. The Secretary-Treasurer shall submit to this authorized representative all requested books and exhibits so that she may conduct the audit. Auditing Committee - Meetings and Quorum 9.13 – The Auditing Committee shall meet at least once every six (6) months. The SecretaryTreasurer must be present at the meetings of the Auditing Committee, unless the members of the Committee decide otherwise. Quorum is two (2) members. Auditing Committee - Rights and Duties 9.14 – The duties of the Auditing Committee are: to receive a monthly report of all revenues and expenses, with references to the decision approving an expense where appropriate; to examine and to authenticate the reconciliation of the Caisse Populaire or bank account, the Treasurer’s report, as well as all other financial accounts of the Union (leisure, insurance, strike funds, etc.); to verify the adherence to the resolutions of the Executive Committee and the 45 General Assembly; to alert the Delegate Council of any discrepancies or concerns; if necessary, to call a Special General Assembly, upon a unanimous decision. Auditing Committee - Annual Report 9.15 – Once a year, the Auditing Committee shall submit a written report of their work, as well as any recommendations that they deem appropriate, to the General Assembly. The report and recommendations shall be submitted beforehand to the Executive Committee and Delegate Council. The report shall present a comparison of the previous year’s financial statements and budget, and note any discrepancies. 9.16 – If the report is not ready fourteen (14) days before the Annual General Assembly, the Secretary-Treasurer will request that a representative from the Affiliates proceed with an audit of the books of the union and present a report to the Annual General Assembly. External Affairs Committee 9.17 – The responsibilities of the External Affairs Committee shall be as follows: to promote inter-union solidarity at McGill, with members of the Affiliates, and with others that share the Union’s objectives to assist in recruiting Union delegates for meetings of the Affiliates to review the relationship of the Union and the Affiliates, including the services and benefits received from this relationship as well as any challenges, and to present a report to this effect to the Annual General Assembly 46
