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CUPE Local 229 Bylaws

BY LAWS 

OF 

CUPE 

KINGSTON LOCAL 229 

AT QUEEN’S UNIVERSITY 

 

Amendments Approved by the Local: March 14, 2023 

Approved by the National President: March 11, 2024 

with recommendations to amend Section 9 a) (Initiation Fee) and update Code of Conduct

TABLE OF CONTENTS 

PREAMBLE ………………………………………………………………………………………………………………….. 1

BY-LAW AUTHORITY …………………………………………………………………………………………………. 1

SECTION 1 – NAME……………………………………………………………………………………………………… 1

SECTION 2 – OBJECTIVES …………………………………………………………………………………………… 1

SECTION 3 – INTERPRETATION AND DEFINITIONS…………………………………………………… 2

SECTION 4 – MEETINGS ……………………………………………………………………………………………… 2

SECTION 5 – OFFICERS……………………………………………………………………………………………….. 3

SECTION 6 – EXECUTIVE BOARD……………………………………………………………………………….. 3 

SECTION 7 – DUTIES OF OFFICERS …………………………………………………………………………….. 4

a) The President: …………………………………………………………………………………………………………..4

b) Vice-Presidents-Queen’s and Vice-President-Food Services:………………………………………….5

c) The Chief Steward – Queen’s, Food Services and Donald Gordon Centre ………………………..5

d) The Recording Secretary: …………………………………………………………………………………………..5

e) The Secretary-Treasurer: ……………………………………………………………………………………………6

f) The Sergeant-at-Arms:……………………………………………………………………………………………….7

g) The Trustees:…………………………………………………………………………………………………………….7

h) The Stewards:……………………………………………………………………………………………………………8

I) The Committee Chairs:………………………………………………………………………………………………8

j) The Past President:…………………………………………………………………………………………………….8

k) WSIB/Return to Work Chair: ……………………………………………………………………………………..8 

SECTION 8 – FINANCIAL…………………………………………………………………………………………….. 9 

SECTION 9 – FEES, DUES AND ASSESSMENTS …………………………………………………………. 10

a) Initiation Fee …………………………………………………………………………………………………………..10

b) Monthly Dues………………………………………………………………………………………………………….10

c) Local Defence Fund…………………………………………………………………………………………………10

d) Assessments……………………………………………………………………………………………………………11

e) Changes to Dues and Fees ………………………………………………………………………………………..11 

SECTION 10 – NOMINATION, ELECTION, AND INSTALLATION OF OFFICERS ……….. 11

a) Nomination …………………………………………………………………………………………………………….11

b) Elections and Term ………………………………………………………………………………………………….11

c) Installation………………………………………………………………………………………………………………12

d) By-Elections……………………………………………………………………………………………………………13 

SECTION 11 – DELEGATES TO CONVENTIONS ………………………………………………………… 13 

SECTION 12 – STANDING COMMITTEES ………………………………………………………………….. 13

a) Negotiating Committee (Queen’s)……………………………………………………………………………..13

b) Union Management Committee (Queen’s)………………………………………………………………….14

e) Education Committee……………………………………………………………………………………………….15

f) Health and Safety Committees…………………………………………………………………………………..15

h) Equity Committee ……………………………………………………………………………………………………16

SECTION 13 – RULES OF ORDER……………………………………………………………………………….. 16

SECTION 14 – AMENDMENT……………………………………………………………………………………… 16

APPENDIX “A” – RULES OF ORDER…………………………………………………………………………… 18

APPENDIX “B” – SHOP STEWARDS …………………………………………………………………………… 20

APPENDIX “C” – BASIC POLICIES ENFORCEABLE UNDER THE BY-LAWS …………….. 21

APPENDIX “D” – Equality Statement …………………………………………………………………………….. 23

APPENDIX “E” – Code of Conduct ………………………………………………………………………………… 24

To begin, let us acknowledge that CUPE 229 at Queen’s University is situated on traditional  Anishinaabe and Haudenosaunee territory. We are grateful to be able to be live, learn, work, and play on these lands. 

PREAMBLE 

This Local of the Canadian Union of Public Employees is formed to work for improvements of  the political, economic and social welfare of all its members, to promote public service through  organized public employment, and to manifest its belief in collective labour activity. 

This Local is founded upon the principles of democratic government by its membership, full  administration accountability and allegiance to the CUPE Constitution.  

This Local shall respect and apply the CUPE National Equality Statement to all of the chartered  organizations’ activities. The CUPE National Equality Statement can be found in Appendix “B”  to these bylaws. 

BY-LAW AUTHORITY 

The following By-laws are adopted by the Local pursuant and subordinate to the CUPE  Constitution, with special reference to its Appendix “B”. 

SECTION 1 – NAME 

The name of this Local shall be the Canadian Union of Public Employees, Local 229 at Queen’s  University, referred to as the “Local”. 

SECTION 2 – OBJECTIVES 

  1. a) The objectives of the Local are to secure the best possible pay, benefits, working  conditions, job security, pensions and retiree benefits for its members; 
  2. b) Support CUPE in reaching the goals set out in Article II of the CUPE Constitution; c) Provide an opportunity for its members to influence and shape their future through free  democratic trade unionism; 
  3. d) Encourage the settlement by negotiation and mediation of all disputes between the  members and their employer. 
  4. e) Eliminate harassment and discrimination of any sort or on any basis; for the equality of  treatment regardless of class, race, colour, nationality, age, sex/gender, language, sexual  orientation, place of origin, ancestry, religious beliefs, or mental and physical disability; and the active opposition of discrimination of same wherever it occurs or appears. 
  5. f) Establish strong working relationships with the public we serve and the communities  in which we work and live.

C.U.P.E. Local 229 – By-Laws 1 

SECTION 3 – INTERPRETATION AND DEFINITIONS 

  1. a) Masculine pronouns shall be understood to include the feminine gender. b) All rights, responsibilities and opportunities ascribed by these By-laws and by policies  adopted under these By-laws shall apply equally and in full to all members regardless of  sex. 

SECTION 4 – MEETINGS 

  1. a) A regular membership meeting shall be held each month on the second Tuesday, except  for July and August, unless a change is noted from the previous regular meeting or written  notice is given, at least 48 hours prior. 
  2. b) Special membership meetings may be ordered by the executive board or requested in  writing to the President by no fewer than fifteen members. The President shall immediately  call a special meeting when so ordered or requested and shall see that all members receive  at least 48 hours’ notice of the meeting and the agenda to be discussed. No other business  shall be transacted at the special meeting other than that for which the notice was given. 
  3. c) A quorum for the transaction of business at any regular or special meeting shall be fifteen  members, including at least three members of the executive. If quorum is not achieved  within ten (10) minutes of the call to order, then the business of the local shall be conducted  by a majority of the Executive Board. Any decisions made by the Executive Board will be  reported back to the membership at the next meeting. 
  4. d) The order of business at regular membership meetings is as follows: 

1 LAND ACKNOWLEDGEMENT 

  1. ROLL CALL OF OFFICERS 
  2. READING OF THE EQUALITY STATEMENT 
  3. INITIATION OF NEW MEMBERS 
  4. MINUTES OF PREVIOUS MEETINGS READ AND APPROVED 
  5. MATTERS ARISING OUT OF THE MINUTES 
  6. TREASURER’S REPORT AND APPROVING EXPENDITURES 
  7. CORRESPONDENCE  
  8. EXECUTIVE BOARD REPORT 
  9. REPORTS FROM COMMITTEES AND DELEGATES 
  10. NOMINATIONS, ELECTIONS, OATH OF OFFICERS 
  11. UNFINISHED BUSINESS 
  12. NEW BUSINESS 
  13. GOOD OF THE UNION 
  14. ADJOURNMENT

C.U.P.E. Local 229 – By-Laws 2 

Section 4 Continued 

  1. e) For the purpose of exchanging information to and from the members, meetings may be  held which may only concern some members of the Local (i.e., work area, classification,  department or Bargaining Unit). Notice for such meetings must be given to all executive  members and all members of the group designated. Sign-in shall take place and at least  two Executive Board Officers must be present. No motions will be allowed nor minutes  be kept of such meetings. Only members in good standing and guests will be allowed to  attend. Notice of motions may be made to bring to the regular general membership  meeting. 
  2. f) Local 229 is committed to ensuring that all of its meetings and activities are safe environments where members are encouraged to speak. Existing members are encouraged  to welcome, mentor and support new members and equity-seeking members. 

SECTION 5 – OFFICERS 

The executive officers of the Local shall be: 

President 

Vice-President (Queen’s) 

Vice-President (Food Services) 

Secretary-Treasurer 

Recording Secretary 

Chief Steward (Queen’s) 

Chief Steward (Food Services) 

Chief Steward (Donald Gordon) 

Sergeant at Arms 

WSIB/Return to Work Chair 

In addition, other officers of the Local shall include Past President and Standing Committee Chairs,  Stewards, and the three Trustees.  

SECTION 6 – EXECUTIVE BOARD 

  1. a) The executive board shall comprise all Executive Officers, the Past President and the  Chairs of the Standing Committees as specified in Section 12. 
  2. b) The executive board shall meet during the last week of each month and on a day and at a  time, for the full year, with a meal at time of meeting not to exceed $250, agreed to by a  majority of the board, unless a change is noted from the previous executive board meeting  and the December meeting shall include both incoming and outgoing members of the  executive board.  
  3. c) A majority of the board shall constitute a quorum. 
  4. d) The board shall do the work delegated to it by the membership and shall be held responsible  for the proper and effective functioning of all committees. 
  5. e) Should any board member fail to answer the roll call for three consecutive regular  membership meetings or three consecutive regular executive board meetings without  having submitted good reasons for those failures, their office shall be declared vacant and  shall be filled by an election at the following membership meeting.

C.U.P.E. Local 229 – By-Laws 3 

SECTION 6 – EXECUTIVE BOARD – Continued 

  1. f) The duties of the executive board shall be to: 
  2. I) prepare the agenda for the next regular meeting; 
  3. ii) monitor and approve all out-of-pocket expenses; 

iii) approve all absences from work for Union activities that require the reimbursement  of wages to the employer or the member; 

  1. iv) receive written reports and recommendations from committees; 
  2. v) make recommendations to the membership regarding committee reports, delegates  to conventions and educational seminars, and on any other matters necessary; vi) prepare a yearly budget and present it to the membership for approval; vii) transact business on behalf of the Local between regular membership meetings. viii) Participate in CUPE educational courses to enhance their leadership skills and  expand their knowledge and expertise. 
  3. ix) Appoint a member in good standing to fulfil an office that has become vacant until  such time as a bi-election can be held provided it is no longer than three (3) months. 

SECTION 7 – DUTIES OF OFFICERS 

All Officers must give all properties, assets, funds and all records of the Local Union to their  successors at the end of their term of office. 

  1. a) The President:

1) enforce the CUPE Constitution, these By-laws, and the Equality Statement; 2) preside at all membership and executive meetings and preserve order; 3) decide all points of order and procedure (subject always to appeal to the membership); 

4) have a vote on all matters (except appeals against their rulings).  

5) ensure that all officers perform their assigned duties; 

6) fill committee vacancies where elections are not provided for by appointment; 7) introduce new members and conduct them through the initiation ceremony; 8) sign cheques and ensure that the Local’s funds are used only as authorized or  directed by the Constitution, By-laws, or vote of the membership; 

9) have first preference as a delegate to all Conferences and Conventions. Should the  President forego this preference, an alternate may be chosen from the Executive  Board to attend in his/her place decided by a majority vote of the Executive Board. 10) be ex officio of all committees; 

11) transact such other business as may pertain to their office and which may be  necessary for the proper functioning of the Local; 

12) be encouraged to complete at least one educational course per year; 13) on termination of office surrender all books, records, and other property of the  Local to their successor; 

14) make a regular report of Union activities. 

15) Be allowed necessary and reasonable funds, to reimburse the President or any  officers for expenses incurred on behalf of the Local. Expense claims must be listed  on a proper form outlining the expense, the reason for the expense and with  supporting receipt(s) attached.

C.U.P.E. Local 229 – By-Laws 4 

SECTION 7 – DUTIES OF OFFICERS – Continued 

  1. b) Vice-Presidents-Queen’s and Vice-President-Food Services:

1) if the President is absent or incapacitated, each Vice-President shall perform all  duties of the President for their designated unit and shall alternate the chairing of  meetings of the local; 

2) if the office of President falls vacant, the Executive Board will elect one of the Vice Presidents to be Acting President until a bi-election is held for a new President; 3) render assistance to any member of the board as directed by the board; 4) have the authority to co-sign cheques along with the President or the Secretary Treasurer; 

5) make a regular report of Union activities; 

6) be encouraged to complete at least one educational course per year; 7) alternately make a regular report of the executive board activities at membership  meetings; 

8) on termination of office surrender all books, records, and other property of the Local to their successor. 

  1. c) The Chief Steward – Queen’s, Food Services and Donald Gordon Centre

1) render assistance to any member of the board as directed by the board; 2) handle all grievances for the Bargaining Unit employees they represent, along with  the shop steward; 

3) keep an up-to-date file on all grievances and arbitrations; 

4) make a regular report of all grievances and arbitrations for their Bargaining Unit; 5) chair the Union/Management Committee for their Bargaining Unit; 6) on termination of office surrender all books, records, and other property of the Local to their successor. 

7) Be encouraged to complete at least one educational course per year; 8) The Chief Steward shall meet quarterly with their shop stewards to discuss activities  and reports within their jurisdictions. 

  1. d) The Recording Secretary:

1) keep full, accurate and impartial account of all proceedings of all regular or special  membership and Executive Board meetings. These records must also include a  copy of the full financial report (Executive Board meetings) and the written  financial report (membership meetings) presented by the Secretary-Treasurer. The  record will also include the Trustee reports; 

2) record all amendments and/or additions in the By-laws and make certain these are  sent to the National President for approval; 

3) answer correspondence and fulfil other secretarial duties as directed by the  executive board; 

4) file a copy of all letters sent out and keep on file all communications; 5) prepare and distribute all circulars and notices to members; 

6) have all records ready on reasonable notice for auditors and trustees; 7) be empowered, with the approval of the executive board, to employ necessary  stenographic or other assistance to be paid for out of the Local’s funds;

C.U.P.E. Local 229 – By-Laws 5 

SECTION 7 (d) – DUTIES OF OFFICERS – Continued 

8) make regular report of Union activities; 

9) be encouraged to complete at least one educational course per year; 10) on termination of office, surrender all books and records, seals and other property  of the Local to his successor. 

  1. e) The Secretary-Treasurer:

1) receive all revenue, initiation fees, dues, and assessments, keeping a record of each  member’s payments, and deposit promptly all money in the Credit Union;  2) Prepare all CUPE National per capita tax forms and remit payment including  initiation fees of all members admitted, no later than the last day of the following  month;  

3) Be responsible for maintaining, organizing, safeguarding and keeping on file all  supporting documents, authorizations, invoices and/or expense claims for every  disbursement made, receipts for all money sent to CUPE National, as well as  records and supporting documents for all income received by the Local. 

4) Record all financial transactions in a manner acceptable to the board and in  accordance with good accounting practice; 

5) Make a financial report at regular monthly meetings and have a written report  available; 

6) Sign all cheques and pay no money unless supported by a voucher duly signed by  any two other members of the executive board with signing authority, or by a duly  passed motion of the general membership. No voucher shall be required for  payment of per capita fees to any organization to which the Local is affiliated; 

7) Make all books available for inspection by the Trustees and/or auditors on  reasonable notice. Ensure that the books are audited at least once each calendar  year and within a reasonable time respond in writing to any recommendations and  concerns raised by the Trustee. 

8) Be bonded through the master bond held by CUPE National. Any Secretary Treasurer who cannot qualify for the bond shall be disqualified from office. 9) Be empowered, with the approval of the executive board to employ the necessary clerical assistance to be paid out of the Local’s funds;  

10) Be encouraged to complete at least one educational course per year; 11) On termination of office surrender all books, records, and other property of the  Local to their successor; 

12) Be ex officio to all committees that deal with financial matters as designated by the  board; 

13) Preside over all meetings in the absence of the President and the Vice-Presidents. 

C.U.P.E. Local 229 – By-Laws 6 

SECTION 7 – DUTIES OF OFFICERS – Continued 

  1. f) The Sergeant-at-Arms:

1) guard the inner door at membership meetings and admit no one but members in  good standing or officers and officials of CUPE, except on the order of the President  and by consent of the members present; 

2) maintain the record of membership attendance at all meetings; 

3) notify the executive board of any officer who does not meet the attendance  requirements as laid down in Sections 6 e), 10 a) and Appendix “B”; 

4) perform such other duties as may be assigned by the board from time to time; 5) maintain an updated list of all Union members; 

6) be encouraged to complete at least one educational course per year; 7) on termination of office, surrender all books, records and other property of the  Local to their successor. 

  1. g) The Trustees:

1) act as an auditing committee on behalf of the members and audit the books and  accounts of the Secretary-Treasurer once every calendar year;  

2) submit in writing to the Executive Board any recommendations and/or concerns  they feel should be reviewed in order to ensure that the Local Union’s funds,  records, and accounts are being maintained by the Secretary-Treasurer in an  organized, correct, and proper manner. 

3) ensure that moneys are not paid out without proper constitutional or membership  authorization; 

4) ensure that proper financial reports are made to the membership; 

5) audit the record of attendance and minutes of all meetings; 

6) inspect at least once a year any stocks, bonds, securities, office furniture and  equipment, and titles or deeds to property that may at any time be owned by the  Local, and report their findings to the membership; 

7) use the audit forms supplied by the National Office and send a copy of the audit to  the National Secretary-Treasurer in accordance with the provisions of the CUPE  Constitution; 

8) Send to the National Secretary-Treasurer, with a copy to the assigned Servicing  Representative, the following documents: 

  • Completed Trustee Audit Program 
  • Completed Trustees’ Report 
  • Secretary-Treasurer Report to the Trustees 
  • Recommendations made to the President and Secretary-Treasurer of the  Local 
  • Secretary-Treasurer’s response to recommendations 
  • Concerns that have not been addressed by the Executive Board. 
  • Act as an auditing committee on behalf of the members and audit the books  and accounts of the Secretary-Treasurer, the Recording Secretary, and the  committees at least once every calendar year; 

 9) be encouraged to complete at least one educational course per year; 10) on termination of office, surrender all books, records and other property of the  Local to their successor.

C.U.P.E. Local 229 – By-Laws 7 

SECTION 7 – DUTIES OF OFFICERS – Continued 

  1. h) The Stewards:

1) see that all members in their department are treated fairly under the agreement and  policies and practices of the Employer; 

2) greet all new members and encourage them to attend regular membership meetings; 3) handle grievances for their department, along with the Chief Steward; 4) define, detect, prepare, and present grievances at the initial level; 

5) generally, know and police the Collective Agreement and provincial or federal  legislation affecting labour and a particular job; 

6) provide communications and information from the members in the Unit to the  executive and from the executive to the members, including distribution of Union  literature and newspapers; 

7) encourage the participation of all members of the Unit in Union activity; 8) maintain daily contact with the members to provide ongoing Union awareness and  education; 

9) be encouraged to complete at least one educational course per year; 10) on termination of office, surrender all books, records and other property of the  Local to their successor. 

11) meet quarterly with their chief stewards to discuss activities and reports within their  jurisdictions; 

12) All new stewards elected in December shall be required to take CUPE’s  “Introduction to Stewarding” course as soon as available to fulfil their obligations  before out-of-pocket expense allowances are compensated. 

  1. I) The Committee Chairs:

1) perform the duties as outlined in Section 12: Standing Committees and perform  other duties as assigned by the executive board; 

2) sit as full members on the executive board; 

3) on termination of office, surrender all books, records and other property of the  Local to their successor; 

4) be encouraged to complete at least one educational course per year. 

  1. j) The Past President:

1) sit as a full member of the executive board for one year; 

2) perform other duties as assigned by the executive board; 

3) on termination of office surrender all books, records, and other property of the  Local to their successor; 

  1. k) WSIB/Return to Work Chair:

1) represent and assist members in back to work programs and W.S.I.B. claims; 2) keep current with changes to W.S.I.B. processes and keep accurate records; 3) make a regular report to the executive board; 

4) on termination of office surrender all books, records, and other property of the  Local to their successor; 

5) be encouraged to complete at least one educational course per year.

C.U.P.E. Local 229 – By-Laws 8 

SECTION 8 – FINANCIAL 

  1. a) The following expense allowance shall be paid, without need for supportive vouchers, to  elected officials of the Local as compensation for normal and miscellaneous out-of-pocket  expenses: transportation, parking, meals, phone calls, use of homes for office work, and  the keeping of Union records: 

President $250.00 per month Vice-Presidents – Queen’s/Food Services $200.00 per month Chief Steward – Queen’s/ Food Services/DGC $175.00 per month Secretary-Treasurer $250.00 per month Recording Secretary $175.00 per month WSIB/Return to Work Chair $200.00 per month Sergeant-At-Arms $150.00 per month Social Committee Chair $150.00 per month Education Committee Chair $150.00 per month Health and Safety Chair $150.00 per month Shop Stewards $50.00 per month Trustees $200.00 per audit 

Cell Phone Allowance 

President $100.00 per month Vice-Presidents – Queen’s/Food Services $100.00 per month Chief Steward – Queen’s/ Food Services/DGC $100.00 per month Secretary-Treasurer $100.00 per month Recording Secretary $100.00 per month WSIB/Return to Work Chair $100.00 per month Sergeant of Arms $ 25.00 per month Education Chair $ 75.00 per month Social Chair $ 75.00 per month Health & Safety Chair $ 75.00 per month 

  1. b) Expense allowances shall be paid by the month for officers who have fulfilled their  responsibilities in compliance with the By-laws. 
  2. c) Shop Stewards will be paid quarterly provided they have fulfilled their duties including  attendance at regular meetings. 
  3. d) All regular wages lost by members while on approved Union activity will be paid by the  Employer at the member’s prevailing rate of pay according to the Collective Agreement  and the Local will reimburse the Employer for same. 
  4. e) Paid cell phone allowance as per Section (a). 
  5. f) All members elected to attend conferences, educational or conventions shall have their  accommodations paid by the Secretary-Treasurer, be paid transportation expenses (at  economy, tourist, or coach rates) as determined by the Secretary-Treasurer and be paid  per diem in advance of the event for expenses according to the following: 
  6. i) When held in the Greater Kingston Area and an event is all inclusive a per diem of  $20.00 per day will be paid. 
  7. ii) When held in the Greater Kingston Area and an event is not all-inclusive a per diem  of $35.00 per day will be paid. 

iii) When held outside the Greater Kingston Area and the event is all inclusive a per  diem of $35.00 per day will be paid.

C.U.P.E. Local 229 – By-Laws 9 

SECTION 8 – FINANCIAL-Continued 

  1. f) iv) When held outside the Greater Kingston Area and the event is not all inclusive, a  per diem of $95.00 per day will be paid. 
  2. v) Members shall be reimbursed for legitimate out-of-pocket expenses incurred in the performance of their duties as designated and approved by the executive board. 

“all inclusive” shall mean when meals and/or accommodations are included in  registration. 

  1. g) Representation at educational institutes and seminars, conferences and conventions shall  be on the recommendations of the Executive Board and approved by the general  membership. 
  2. h) Each cheque must be signed by two (2) signing Officers, one of which must be the  Secretary-Treasurer; 
  3. i) Anyone holding multiple positions within the union shall be bumped up to a max of one  hundred dollars ($100.00) for cell expenses. Anyone holding an executive officer position  and a committee chair position at the same time will be compensated an additional twenty five dollars ($25.00) as well as both chair positions will be increased by twenty-five dollars  ($25.00). 
  4. j) Ordinary operating expenses and bills for expenditures already approved at membership meetings shall not require a vote. For the purposes of strike appeals, grants or donations,  any sum over $1000.00 shall require a notice of motion to be given in writing and be voted  on at the next membership meeting. 
  5. k) No member shall receive expense allowances for more than one position. Expenses shall  be paid at the higher level. 
  6. l) Refer to Appendix “C” for further financial policies regarding finances.  

SECTION 9 – FEES, DUES AND ASSESSMENTS 

PLEASE SEE LETTER FROM NATIONAL PRESIDENT – FEB. 26, 2024 a) Initiation Fee 

Each application for membership in the Local shall be directed to the Secretary-Treasurer  and shall be accompanied by an initiation or readmission fee of one ($1.00) dollar which  shall be in addition to monthly dues. The Secretary-Treasurer shall issue a receipt. If the  application is rejected the fee shall be returned. 

  1. b) Monthly Dues

The monthly dues shall be 1.6% of the hourly rate for all regular hours paid per month  (1.5% for operating the Local and 0.1% for the defence fund). 

  1. c) Local Defence Fund

CUPE Local 229 Defence Fund will be maintained with 0.1% of the 1.6% dues collected  to be deposited in a special account at the Credit Union in such manner as to be immediately  available on request. 

Auditing and signing authority shall be on the same basis as the general operating funds of  the Local. All interest accrued from the investment of the Fund shall remain with the Fund.  Expenditures must be recommended by the executive board and approved by the  membership. The Defence Fund will be available to recover costs not provided for by the  National Defence Fund. 

C.U.P.E. Local 229 – By-Laws 10 

This will include rental of strike headquarters, telephone charges, leaflets, picket signs,  coffee, kitchens, etc. The Fund will also be available to supplement 50% of the costs not  covered by the National in the case of arbitration required during negotiations and the 25%  of the costs of representation before such a board. Funds may be used to offset costs  incurred during legal matters such as injunctions or in precedent-setting arbitration cases.  In the case of co-ordinated informational and lobbying campaigns, funds may be used on  a 50/50 basis with the National Fund. 

  1. d) Assessments

Assessments may be levied in accordance with Article B.4.2 of the CUPE Constitution. 

  1. e) Changes to Dues and Fees

Changes in the level of the Initiation Fee or the Monthly Dues can be affected only by  following the procedure for amendment of these By-laws (see Section 14) with the  additional provision that the vote must be by secret ballot. Notwithstanding the above  provisions, if the CUPE Convention raises minimum fees and/or dues above the level  herein established, these By-laws will be deemed to have been automatically amended to  conform to the new CUPE minima. 

  1. f) A member who fails to pay dues and assessments for three months is automatically  suspended from membership. The suspension will be reported to the Executive Board by  the Secretary-Treasurer. The Executive Board will report all suspensions to the next  membership meeting. The member may return to membership in good standing by paying  a readmission fee and any other penalty set by the Local Union. The readmission fee  cannot be less than the initiation fee of the Local Union. A member who has been  unemployed or unable to work because of sickness shall pay the readmission fee by may  not be required to pay arrears. 

SECTION 10 – NOMINATION, ELECTION, AND INSTALLATION OF OFFICERS 

  1. a) Nomination

Nominations to an executive position shall be received at the regular membership meeting  held in the month of December. To be eligible for nomination for an executive position,  committee chair or as a delegate to a conference or convention, a member must be in good  standing. No nomination shall be accepted unless the member is in attendance at the  meeting or has allowed to be filed at the meeting their consent in writing, duly witnessed  by another member. 

No member may be elected to more than one executive position. 

  1. b) Elections and Term
  2. i) The positions of President and Recording Secretary shall be a three-year term beginning in January. The positions of Secretary-Treasurer and both Vice Presidents shall be a three-year term beginning in January.  

The four positions of Health & Safety Co-Chair shall be for a three-year term each,  with two being elected each year in their respective areas pursuant to Section 12 (f) herein. 

C.U.P.E. Local 229 – By-Laws 11 

The positions of Education Chair, Social Chair and WSIB/Return to Work Chair  shall be elected for a three-year term.  

At the first election of officers in the Local, the three trustees shall be elected to a  three-year term respectively. In each successive year, one trustee shall be elected  to a three-year diminishing term. 

The three Bargaining Committee members for the Queen’s Bargaining Unit shall  be three-year terms with the same structure and provisions as the trustees. 

All other positions including Chief Stewards, Sergeant-At-Arms, Committee  Chairs, Stewards and delegates for any regional labour council to which the Local  is affiliated shall be a three-year term beginning in January of each year. 

  1. ii) The members shall elect a returning officer and at least one (1) assistant who are  neither officers or intend to be candidates and shall be responsible for issuing,  collecting, and counting ballots. They shall be fair and impartial and see that all  arrangements are unquestionably democratic. 

iii) The voting shall take place at the regular membership meeting in the month of  December. The vote shall be by secret ballot. 

  1. iv) Voting to fill one office shall be conducted and completed, and recounts dealt  with, before balloting may begin to fill another position. 
  2. v) Election to any position will be voted on by all members of the Local with the  following exceptions: 

1) The Chief Stewards and the members of the Negotiating and  Union/Management Committees will be elected by the members of the  Bargaining Unit they are to represent. 

2) Stewards shall be elected by and from the group of members they are to  represent. 

  1. vi) A majority of votes cast shall be required before any candidate can be declared  elected, and second and subsequent ballots shall be taken, if necessary, to obtain a  majority. On the second and subsequent ballots the candidate with the lowest  number of votes in the previous ballot shall be dropped.  

vii) When two or more nominees are to be elected to any office by ballot, each member  voting shall be required to vote for the full number of candidates to be elected or  the member’s ballot will be declared spoiled. 

viii) Any member may request a recount of the votes for any election, immediately  following such an election and a recount shall be conducted if the request is  supported, in a vote, by at least fifteen members. 

(ix) Upon election to an office the member shall repeat the oath of office as outlined in  the CUPE Constitution Article XI, section 11.7 (b). 

(x) No proxy vote will be part of the election process. 

(xi) In the event of a tie vote, a second and subsequent ballot(s) will be taken if  necessary, until a candidate receives a majority of votes cast and can be declared  elected. In the event the tie vote persists, subsequent ballots may be deferred to the  next membership meeting. 

  1. c) Installation
  2. I) All duly elected candidates shall be installed at the December meeting following  the election and take office in January which shall continue until the end of their  term as laid down in Section 10 b) I).

C.U.P.E. Local 229 – By-Laws 12 

  1. d) By-Elections
  2. I) Should an office fall vacant pursuant to Section 6 e) or Appendix “B” of these By laws or for any other reason, the resulting by-election should be conducted as  closely as possible in conformity with this Section. 

SECTION 11 – DELEGATES TO CONVENTIONS 

  1. a) Upon receipt of all calls to conferences or conventions, notice of such will be placed on  the proposed agenda for the next regular membership meeting. 
  2. b) The membership shall decide the number of delegates to be sent up to the number acceptable for each conference or convention. The Executive Board shall determine who  shall attend any conference or convention with the President, Vice-President-Food  Services and the Secretary-Treasurer having first options. (If the President of the Local is  a Food Service Worker, the Vice-President of Queen’s shall have first option). Eligibility  for delegates shall be the same as for executive positions as laid down in Section 10 a) of  these By-laws. Priority shall be given to active chairs and committee members. Upon  short notice cancellations of a delegate scheduled to go to a conference/convention, the  President shall choose an alternative. 
  3. c) Delegates should be prepared to give a brief verbal or written report from their attendance  at any conference or convention and make any material they receive accessible to the  membership. 
  4. d) If eligible, at least one of the delegates will be selected from the Food Services bargaining  unit for any conference or convention to which the executive board decides to attend. 
  5. e) While in attendance at a conference or convention or educational, delegates shall conduct  themselves in accordance with CUPE’s code of conduct and will sit at all scheduled  events on the floor to represent the Local or be in attendance in all classes of the course  paid for by the local. If an individual fails to act appropriately or attend as required at  conference, convention or educational, the Executive Board will be charged with  determining if they will fully reimburse the Local for all costs incurred to send them. These  delegates shall be disqualified from attending further events for a minimum of one year.  

SECTION 12 – STANDING COMMITTEES 

  1. a) Negotiating Committee (Queen’s)

The Negotiating Committee for Queen’s shall be elected at the December meeting two  years prior to the expiration of the collective agreement and shall consist of the President  and three members to be elected as provided in Section 10 b) I). In the event of extended  negotiations, the Committee shall continue until a new Collective Agreement is signed.  The CUPE representative assigned to the Local shall be a non-voting member of the  Committee and shall be consulted at all stages from formulating proposals through  negotiations to contract ratification by the membership. The members of this Committee  shall have at least one (1) member from P.P.S. Operations and Maintenance, P.P.S.  Custodial services, and Residence.

C.U.P.E. Local 229 – By-Laws 13 

SECTION 12 – STANDING COMMITTEES – Continued 

  1. b) Union Management Committee (Queen’s)

The members of the Union-Management Committee shall be elected at the December  meeting and shall remain in office for one year beginning January 1st. The function of the  Committee is to meet with management on a monthly basis to discuss problems. It is  understood that the Union-Management Committee will assist the Negotiating Committee  with negotiations. The Committee shall consist of the President, Chief Steward and one  representative from each of the following departments. These shall be, Physical Plant  Services (Operations & Maintenance), Physical Plant Services (Custodial Services),  Residence Operations, and Parking, for a total of six (6) members. 

  1. c) Negotiating/Union-Management Committee – (Food Services)

Each Negotiating/Union-Management Committee shall be elected at the December  meeting and shall remain in office for one year or in the case of extended negotiations,  until the current bargaining is completed and a new Collective Agreement has been signed  for each Bargaining Unit, at which time the newly elected Committees shall take office.  The function of each Committee is to meet with management on a monthly basis to discuss  problems, prepare collective bargaining proposals and to negotiate a Collective Agreement.  Each Committee shall consist of six (6) members elected by and from the Bargaining Unit,  the Chief Steward, and the President or designate. Members from the Bargaining Unit shall  be elected from the following areas: 

– 2 from catering 

– 2 from retail 

– 2 from resident 

Negotiating/Union-Management Committee (Donald Gordon Centre) 

Each Negotiating/Union-Management Committee shall be elected at the December  meeting and shall remain in office for one year or in the case of extended negotiations,  until the current bargaining is completed and a new Collective Agreement has been signed  for each Bargaining Unit, at which time the newly elected Committees shall take office.  The function of each Committee is to meet with management on a monthly basis to discuss  problems, prepare collective bargaining proposals and to negotiate a Collective Agreement.  Each Committee shall consist of three (3) members elected by and from the Bargaining  Unit they are to represent, the Chief Steward of each Bargaining Unit, and the President or  designate. 

For each Bargaining Unit, if no representative from any area stands for election then that  position will be filled by a member at large from that Bargaining Unit. The CUPE  representative assigned to the Local shall be a non-voting member of the Committee and  shall be consulted at all stages from formulating proposals through negotiations to contract  ratification by the membership.

C.U.P.E. Local 229 – By-Laws 14 

SECTION 12 – STANDING COMMITTEES – Continued 

  1. d) Social Committee

It is the function of this Committee to arrange and conduct all social and recreational  activities of the Local. The Committee shall submit reports and proposals, including  projected costs and recoveries, to the executive board for review and to the membership  for final approval. The Chair shall be responsible for the proper and effective functioning  of this Committee. 

The Committee Chair shall be elected in odd numbered years each year at the December  meeting and shall recruit or solicit volunteers from the membership to assist, with the  President and Secretary-Treasurer as ex officio members. 

  1. e) Education Committee

It shall be the duty of this Committee to arrange for representation of the Local at any  appropriate and available educational, seminar or conference and submit recommendations  accordingly to the executive board. Recommendations of the members to attend  educational shall be based on attendance requirements in Section 10 (a), unless waived by  the Executive Board or election to offices requiring specific training. 

This committee is responsible for: 

– instructing the delegates in the preparation of reports to the membership on seminars  and conferences and maintaining a reference file of these reports; 

– co-operating with the executive board in preparing press releases and other publicity  material; and 

– co-operating with the education department of CUPE and with the regional education  representative, in implementing both the Local’s and CUPE’s policies in these fields. – the Committee Chair shall be elected in odd numbered years at the December meeting  

and shall recruit or solicit volunteers from the membership to assist on the Committee,  with the President and Secretary-Treasurer as ex officio members. 

  1. f) Health and Safety Committees

There shall be two co-chairs for the Queen’s unit one for Residence, one from PPS, one co-chair from the Food Services, one co-chair from Donald Gordon Centre, unit who are elected as per Section 10 b) and shall have taken the Thirty-Hour Health and Safety Course  or be willing to take the next available course. They shall be our representative(s) on any  central Joint Health and Safety Committee and submit reports at membership meetings.  They shall make recommendations to the executive board as to appropriate representation  to the Local Joint Committees.  

The Committee shall consist of those representatives on the Local Joint Committee  whose duties shall be:  

– to discuss and co-ordinate issues across the campus in order to continually upgrade  the quality of the workers’ environment;  

– to review and prepare recommended revisions of the clauses of the Collective  Agreement; 

– advise the executive board on resource material needed to maintain and update the  Local’s Health and Safety library; 

– keep an up-to-date file of all minutes and correspondence received. 

C.U.P.E. Local 229 – By-Laws 15 

SECTION 12 – STANDING COMMITTEES – Continued 

  1. g) Grievance Committee – One for Each Bargaining Unit
  2. i) The Grievance Committee shall consist of the Chief Steward, the Shop Steward(s)  and the President or designate(s). 
  3. ii) The Chairperson of the Committee shall be the Chief Steward or designate. iii) The informal and first stage of the grievance procedure should be processed through  the Shop Steward with the assistance of the Chief Steward. 
  4. iv) All written grievances are the property of the Local. 
  5. v) The decision whether to proceed to Step 2 or Step b shall rest with the Grievance  Committee and shall be based on the facts and merits of the case. 
  6. vi) All decisions to proceed to arbitration must be approved by the membership and  shall be based on the facts and merits of the case. 

vii) The griever(s) must be notified in writing of the place and time of the meeting  where this decision will be reached, and they will have an opportunity to speak to  the membership on their behalf if they so choose.  

  1. h) Equity Committee

It is the function of this Committee to advance the equitable treatment of all members with  specific attention given to women, racial minorities, aboriginal people, the disabled,  members of any group who are disadvantaged because of discrimination in any form. The  Committee shall promote CUPE policies relating to equity issues including employment  equity; rights of gay/lesbian & bi-sexual; injured workers and the disabled. 

The Committee Chair shall be elected each year at the December meeting and shall recruit  or solicit volunteers from the membership to assist on the Committee, with the President  and Secretary-Treasurer as ex-officio members. 

SECTION 13 – RULES OF ORDER 

All meetings of the Local shall be conducted in accordance with the basic principles of  Canadian parliamentary procedure. Some of the more important rules to ensure free and  fair debate are appended to these By-laws as Appendix “A”. These rules may be amended  only by the same procedure used to amend these By-laws. 

In situations not covered by Appendix “A”, the CUPE Constitution may provide guidance,  but, if the situation is not dealt with then BOURINOT’S RULES OF ORDER shall be  consulted and applied. 

SECTION 14 – AMENDMENT 

  1. a) These By-laws are always subordinate to the CUPE Constitution (including Appendix “B”)  as it now exists or may be amended from time to time, and in the event of any conflict  between these By-laws and the CUPE Constitution the latter shall govern. Constitutional  interpretation, including determination of conflict, is the prerogative of the National  President.

C.U.P.E. Local 229 – By-Laws 16 

SECTION 14 – AMENDMENT-Continued 

  1. b) These By-laws shall not be amended, added to, or suspended except upon a majority vote  of those members present and voting at a regular or special meeting, upon at least seven  days’ notice at a previous meeting or at least sixty days’ written notice having been given  and further provided that such amendments do not conflict with the Constitution. 

(c) No change in these By-laws shall be valid and take effect until approved by the National  President of CUPE. The validity shall date from the letter of approval of the National  President.

C.U.P.E. Local 229 – By-Laws 17 

APPENDIX “A” – RULES OF ORDER 

(1) The President shall take the chair at all membership meetings. In the absence of the  President, the line of succession shall be: Vice-President and the Secretary-Treasurer. (2) No member, except the chair of a committee making a report or the mover of a resolution,  shall speak more than five minutes, or more than once on the same question without the  consent of the meeting or until all who wish to speak have had an opportunity. Chairs and  movers of a resolution shall be limited to ten minutes, except with the consent of the  meeting. 

(3) The President shall state every question coming before the Local, and before allowing  debate thereon, and again immediately before putting it to a vote, shall ask: “Is the Local ready for the question?” Should no member rise to speak, the question shall then be put. 

(4) A motion to be entertained by the presiding officer must be moved and seconded; both  mover and seconder must rise and be recognized by the chair. 

(5) A motion to amend, or to amend an amendment, shall be in order, but no motion to amend  an amendment to an amendment shall be permitted. No amendment, or amendment to an  amendment, which is a direct negative of the resolution shall be in order. 

(6) On motion, the regular order of business may be suspended by a two-thirds vote of those  present, to deal with any urgent business. 

(7) All resolutions and motions other than those named in Rule l7, or those to accept or adopt  the report of a committee, shall, if requested by the presiding officer, be presented in  writing before being put to the Local. 

(8) At the request of any member, and upon a majority vote of those present, a question may  be divided when the sense will admit of it. 

(9) Any member having made a motion can withdraw it with the consent of the seconder,  except that any motion, once debated, cannot be withdrawn except by a majority vote of  those present. 

(10) When a member wishes to speak on a question or to make a motion, they shall rise in their  place and respectfully address the presiding officer, but except to state that he rises to a  point of order or on a question of privilege, he shall not proceed further until recognized  by the chair. 

(11) When two or more members rise to speak at the same time, the presiding officer shall  decide which one is entitled to the floor. 

(12) Every member, while speaking, shall adhere to the question under debate and avoid all  personal, indecent, or offensive language, as well as any poor reflection on the Local or  member thereof. 

(13) If a member, while speaking, is called to order, they shall cease speaking until the point is  determined; if it is decided they are in order, they may again proceed. 

(14) No religious discussion shall be permitted. 

(15) The President shall take no part in debate while presiding but may yield the chair to the  Vice-President in order to speak on any question before the Local, or to introduce a new  question. 

(16) The presiding officer shall have the same rights as other members to vote on any question.  In case of a tie, they may in addition give a casting vote, or, if they choose, refrain from  breaking the tie, in which case the motion is lost.

C.U.P.E. Local 229 – By-Laws 18 

(17) When a motion is before the Local, no other motion shall be in order except (1) to adjourn  (2) to put the previous question (3) to lay on the table (4) to postpone for a definite time  (5) to refer (6) to divide or amend, which motions shall have precedence in the order named.  The first three of these shall be decided without debate. 

(18) A motion for the previous question, when regularly moved and seconded, shall be put in  this form: “Shall the main question be now put?” If it is adopted, the President shall  proceed to take the vote on the resolution and amendments thereto (if any) according to  their priority. If an amendment or an amendment to an amendment is adopted, the original  resolution, as amended, shall be put to the Local. 

(19) A motion to adjourn is in order except (1) when a member has the floor, and (2) when  members are voting. 

(20) A motion to adjourn, having been put and lost, shall not be in order again, if there is further  business before the Local, until fifteen minutes have elapsed. 

(21) After the presiding officer declares the vote on a question, and before the Local proceeds  to another order of business, any member may ask for a division. A standing vote shall  then be taken and the Secretary shall count same. 

(22) If any member wishes to challenge (appeal) a decision of the chair, they must do so at the  time the decision is made. If the challenge is seconded, the member shall be asked to state  briefly the basis for their challenge. The chairperson may then state briefly the basis for  their decision, following which the chairperson shall immediately and without debate put  the question: “Shall the decision of the chair be sustained?” A majority vote shall decide  except that in the event of a tie the chair is sustained. 

(23) After a question has been decided, any two members who have voted in the majority may,  at the same or next meeting, move reconsideration thereof. 

(24) No member shall enter or leave a meeting during the reading of the minutes, the initiation  of new members, the installation of officers, or the taking of a vote. 

(25) The Local’s business, and proceedings of meetings are not to be divulged to any persons  outside the Union or the Canadian Union of Public Employees. 

(26) Voting by proxy will not be allowed under any circumstance.

C.U.P.E. Local 229 – By-Laws 19 

APPENDIX “B” – SHOP STEWARDS 

The shop steward should be elected, by and from the group they are to represent, by a secret ballot.  Group shall mean department for Queen’s workers and Bargaining Unit for full-time and part-time Food Service workers. Provision is made for the appointment of a shop steward by the executive  board if a group neglects or refuses to elect a shop steward. 

There shall be a minimum of one steward from each department at Queen’s elected for a one-year  term at the December meeting. 

For the Food Service workers, there shall be a minimum of one shop stewards for each of the work  areas, one for the Bargaining Unit, to be elected for a one-year term at the December meeting. 

For the Donald Gordon Centre workers, there shall be a minimum of one shop stewards for the  work area, one for the Bargaining Unit, to be elected for a one-year term at the December meeting. 

Any steward failing to answer the roll call at regular membership meetings, without having  submitted good reason for those failures prior to the next meeting, shall have their position declared  vacant after the third consecutive occurrence and be replaced at the next membership meeting. 

Stewards who are transferred to another department shall lose their stewardship and the vacant  position shall be filled at the next membership meeting. 

All stewards will attend quarterly meetings with the Chief Steward. 

At the beginning of each year, the Education Committee shall arrange a Steward Training Level 1  course for all new shop stewards. Any steward having already completed this program shall have  the option of taking another training course offered by CUPE. All stewards and officers shall be  encouraged to take CUPE training courses.

C.U.P.E. Local 229 – By-Laws 20 

APPENDIX “C” – BASIC POLICIES ENFORCEABLE UNDER THE BY-LAWS 

BONDING 

The signing officers will be bonded through the National Office and shall consist of the President,  Vice-Presidents and Secretary-Treasurer. 

BUDGET 

A budget should be prepared yearly and reviewed semi-annually by the executive board and  submitted to the membership for approval at the regular meeting in February. It should be based  on the projected income from dues and known expenses, such as per capita tax to all affiliations,  hall rentals, supplies, delegates to seminars, conferences, conventions, negotiations, etc. 

The general funds should be placed in a checking account. However, once a budget is approved  and monthly expenses determined, the balance should be placed in a savings account or other  appropriate form where it will accumulate interest. If necessary, money can be transferred from  this account to the chequing account. 

RECORDS FOR SOCIAL FUNCTIONS 

Admission tickets to social functions should be printed and numbered so that an accurate account  can be made of all tickets sold and all tickets returned to the chair. 

An accurate record should be kept of all receipts and expenses at any social function. If tickets  are sold, they should be rolls of tickets with numbers so that they can be checked out at the end of  each social function. 

RECEIPTS AND INVOICES 

All receipts and invoices should be kept in an orderly filing system by month/year in order of date  paid with the cheque number indicated on the invoice. 

MINUTE BOOK 

The minute book should properly record all motions made including those where moneys are to  be spent or bills paid. 

Minute books of the Local should be kept on file for the audit and to provide a proper historical  record of the projects and activities of the Local. 

The printed minutes, once approved by the membership, shall be signed by the presiding officer  and one other member of the executive (i.e., the Recording Secretary) and be kept in chronological  order in a bound file and this shall become the official minute book.

C.U.P.E. Local 229 – By-Laws 21 

RATIFICATION OF COLLECTIVE AGREEMENT 

A special meeting shall be called as soon as a tentative Agreement has been reached and copies  made for all members of that Bargaining Unit to appraise at said meeting. The actual vote on the  tentative Agreement shall be taken after a thorough discussion of all issues of the Agreement has  taken place at the special meeting. A poll shall be set up for members to vote by secret ballot. At  least two (2) trustees or designates to be appointed by the executive board shall be present during  the above vote.  

In the absence of Trustees, two (2) scrutineers shall be appointed. Any proposed changes to the  above must be approved by the executive board. Voting by proxy will not be allowed under any  circumstance. 

STRIKE POLICY 

All strikes shall be called or terminated only in strict conformity with the National Defence Fund  Regulations. 

TRIALS 

All charges against a member of the Local of violations of the provisions of these By-laws, or the  CUPE Constitution, or conduct unbecoming a member of the Local must be specifically set forth  in writing and signed by the member making such a charge and submitted to the Recording  Secretary of the Local. Charges against members and trials of such members shall be in conformity  with Article B.11 Trials of the CUPE Constitution. 

RETIRING MEMBERS 

When a member retires or takes early retirement by leaving the employ of Queen’s or Sodexho  MS Canada, they will receive an article of some kind (i.e. clock, watch, jacket, etc.) of the same  value $25.00 + $10.00 for every year of seniority attained. For the purpose of this payment,  members cease to accrue seniority after three (3) years of being on Long-Term Disability unless  they return to active membership in the Local. 

DEATH OF A MEMBER, SPOUSE, OR CHILD 

In the unfortunate occurrence of the death or serious illness of a member or a member’s immediate  family member, a donation of $100.00 will be sent to the charity of the family’s choice and/or  flowers not to exceed $150.00 will be sent to the funeral home. 

WITHDRAWAL AND TRANSFER CARDS 

Withdrawal and transfer cards shall be granted in accordance with Article B.9 of the CUPE  Constitution, if requested by the member. A withdrawal card allows the member to take up active  membership in the Local at a later date without paying an initiation or re-admission fee. A transfer  card allows a member to join another Local without paying their initiation fee. Members who go  on Long-Term Disability benefits should apply within three (3) years for a withdrawal card. 

DIRECTIONS FOR OFFICERS 

No officer may waive any provision of the Collective Agreement or sign any agreement without  bringing it to the executive board for a decision. 

Whenever possible, at least two members must be present at meetings with management, unless  otherwise directed by the committee.

C.U.P.E. Local 229 – By-Laws 22 

APPENDIX “D” – Equality Statement 

Union solidarity is based on the principle that union members are equal and deserve  mutual respect at all levels. Any behaviour that creates conflict prevents us from  working together to strengthen our union. 

As unionists, mutual respect, cooperation and understanding are our goals. We  should neither condone nor tolerate behaviour that undermines the dignity or self esteem of any individual or creates an intimidating, hostile or offensive environment. 

Discriminatory speech or conduct which is racist, sexist, transphobic or homophobic hurts and thereby divides us. So too, does discrimination on the basis of ability, age,  class, religion, language and ethnic origin. 

Sometimes discrimination takes the form of harassment. Harassment means using real or perceived power to abuse, devalue or humiliate. Harassment should not be treated as a joke. The uneasiness and resentment that it creates are not feelings that  help us grow as a union. 

Discrimination and harassment focus on characteristics that make us different; and  they reduce our capacity to work together on shared concerns such as decent wages,  safe working conditions, and justice in the workplace, society and in our union. 

CUPE’s policies and practices must reflect our commitment to equality. Members, staff and elected officers must be mindful that all persons deserve dignity, equality  and respect.

C.U.P.E. Local 229 – By-Laws 23 

PLEASE SEE PRESIDENTS LETTER DATED FEB. 26/24-ADDING CODE OF  CONDUCT 

APPENDIX “E” – Code of Conduct 

The mandate of our union, the Canadian Union of Public Employees (CUPE), is to  organize and defend workers and to promote economic and social justice for our  members and for all workers. In carrying out our work, we in CUPE strive to  promote our core values which include the principles of solidarity, equality,  democracy, integrity, and respect. We are committed to mobilizing our energy and  skills to work together to promote these values and to attain these goals in our  union, our communities, and globally. 

CUPE is committed at all levels to creating a union which is inclusive, welcoming,  and free from harassment, discrimination, and all types of bullying and  intimidation. CUPE needs to ensure that we provide a safe environment for  members, staff, and elected officers to carry out our work. CUPE’s expectation is  that mutual respect, understanding, and co-operation will be the basis of all our  interaction. 

This Code of Conduct sets out standards of behaviour for participants at national  convention, conferences, schools, meetings, and any other union events organized  by CUPE National, Local 229, or any other CUPE chartered body. It is consistent  with the expectations outlined in the Equality Statement and the CUPE National  Constitution. 

This Code of Conduct is intended to deal with complaints of inappropriate  behaviour at events organized by CUPE National and at events, meetings, and  activities by other CUPE bodies. It does not apply to complaints arising in the  workplace, as those are dealt with through the grievance procedure and/or the  applicable workplace harassment policy. 

As CUPE members, staff, and elected officers, we commit to one another and to  the union to be governed by the principles of the Code of Conduct and agree to: 

  • Abide by the provisions of the Equality Statement. 
  • Respect the views of others, even when we disagree. 
  • Recognize and value individual differences. 
  • Communicate openly. 
  • Support and encourage each other. 
  • Make sure that we do not harass or discriminate against each other. • Commit to not engaging in offensive comment or conduct. 
  • Make sure that we do not act in ways that are aggressive, bullying, or  intimidating. 
  • Take responsibility for not engaging in inappropriate behaviour due to use of  alcohol or other drugs while participating in union activities, including social  events.

C.U.P.E. Local 229 – By-Laws 24 

Harassment is objectionable behaviour which may include actions, language,  gestures, and/or written material, and which the harasser knows or ought  reasonably to know is abusive and unwelcome. Bullying is a form of harassment  which is serious ongoing behaviour which targets an individual or group and which  threatens that person or persons’ mental and/or physical well-being. 

A complaint regarding the Code of Conduct will be handled as follows: 

  1. If possible, a member may attempt to deal directly with the person alleged to  have engaged in behaviour contrary to the Code by asking them to stop such  behaviour. If that is not possible, or if it does not resolve the problem, a member  may bring forward a complaint. 
  2. A complaint shall be brought to the attention of an ombudsperson when there  is one available. Should an ombudsperson not be available, a person properly  appointed and designated to be in charge shall receive the complaint. 
  3. The ombudsperson or the person in charge will work to seek a resolution. If this  fails to resolve the matter, the ombudsperson shall report the matter to the  person in charge. The person in charge has the authority to expel members from  the event for serious or persistent offenses. 
  4. If the complaint involves a national staff member, it shall be referred to the  appropriate director for investigation and the complaint shall be dealt with in  accordance with the applicable staff collective agreement. If the complaint  involves a staff member employed by another CUPE chartered organization, the  complaint shall be referred to the person responsible for their employment. 
  5. If the person in charge is a party to the complaint, an alternate will be designated  to assume the role. 
  6. In a case where a member has been expelled from a National event, the National  President shall receive a report on the matter. For other events, the presiding  officer shall receive a report on the matter. 
  7. For events organized by CUPE National, the National President shall determine  if further remedial action is appropriate, including restricting a member’s  participation in future events organized by CUPE National. For other events, the  presiding officer shall consult the National President. 

This Code of Conduct is designed to create a safe, respectful, and supportive  environment within CUPE. It is meant to enhance the rights and obligations  outlined in the CUPE National Constitution, the Equality Statement, and applicable  human rights legislation, not replace them. 

This Code of Conduct does not replace a member’s right to access the trial  provisions under Appendix F of the CUPE National Constitution. 

cl:cope491-March 12, 2024

C.U.P.E. Local 229 – By-Laws 25