Unifor Local 28 By-Laws

115 Albert St.

Oshawa, Ontario

L1H 4R3

Tel: 905.576.2306

UNIFOR LOCAL 28 BY-LAWS

INDEX

PAGE / ARTICLE / NAME
4 / 1 / Name
4 / 2 / Jurisdiction
4 / 3 / Trade Union Status
4 / 4 / Constitution and By-Laws
4 / 5 / Fiscal Year
4-6 / 6 / Membership
6-7 / 7 / Membership Meetings
7 / 8 / Powers of Administration
7 / 9 / Local Union Officers
8 / 10 / Local Executive Board
8-9 / 11 / Chief Stewards, Stewards and Health & Safety Reps
9-12 / 12 / Local Committees
12-15 / 13 / Elections and Election Committee
15-16 / 14 / Finances
16 / 15 / Eligibility for Elected Offices
16 / 16 / Attendance Rules
16-17 / 17 / Delegates from Local
17 / 18 / Order of Business
17 / 19 / Review of Decisions
18 / 20 / Referendum of the Local
18 / 21 / Strikes
18 / 22 / Recall of Local Officers
18 / 23 / Amendments to Local By-laws
18-19 / 24 / Oath of Office
19 / 25 / Adoption
20-22 / 26 / Addendum's and Amendments

ARTICLE 1 - NAME

This organization shall be known as Unifor Local Union No. 28.

ARTICLE 2 – JURISDICTION

Jurisdiction of this local shall be the jurisdiction assigned by the National Union.

ARTICLE 3 – TRADE UNION STATUS

The objectives of the Local Union include:

(a)The regulation of labour relations and collective bargaining between employers and employees;

(b)To represent and serve the workers within its jurisdiction in accordance with the By-Laws and Rules of the Local and the Constitution and Policies of the National Union.

ARTICLE 4 – CONSTITUTION AND BY-LAWS

The Constitution of this Local Union shall be the Constitution of the National Union, Unifor, and these By-Laws shall be in all respects subordinate to said Constitution and all applications and interpretations thereof.

ARTICLE 5 – FISCAL YEAR

The fiscal year of this Local Union shall begin on January 1 and end on December 31.

ARTICLE 6 - MEMBERSHIP

SECTION 1 - ELIGIBILITY

(a)The Local Union shall be composed of workers eligible for membership in Unifor, over whom the Local Union has jurisdiction.

(b)Each member in good standing of this Local Union has the right to nominate and vote, express opinions on all subjects before the Local Union, to attend all membership meetings and express views, arguments and opinions on all matters and business, including candidates for office, properly before the meeting; to meet and assemble freely with other members and generally, to participate in the activities of the Local Union in a responsible manner consistent with good conscience in order to present and discuss factually and honestly the issues upon which the membership must base its decisions. These rights shall at all times be subject to the rules of procedure governing meetings and other uniform

ARTICLE 6 – MEMBERSHIP CONTINUED...

rules and regulations contained in the Constitution, By-Laws and other official rules of the Local Union.

A member in exercising the foregoing rights and privileges shall not take any irresponsible action which would tend to jeopardize or destroy, or be detrimental to, either the Local or National Union as organizations, or their free democratic heritage, or which would interfere with the performance by this Local Union or the National Union of its legal or contractual obligations as a collective bargaining agent, or interfere with the legal or contractual obligations of the Local Union as an affiliate of the National Union.

Violation, or abuse of these rights and privileges of membership, or engaging in conduct prohibited by this section, may be grounds for the commencement of a charge against a member pursuant to Article 18 of the National Union Constitution.

(c)The membership shall strive to obtain the objectives set forth in the Constitution and additional objectives as established as the policy of the National Union; to maintain free relations with other organizations; to do all in its power to strengthen and promote the labour movement; to co-operate with National Board Members, the National Representatives and help promote organizational activities.

Any person is eligible for membership in the Local Union, as defined in Article 5 of the National Union Constitution.

SECTION 2 - APPLICATION

Membership in the Local shall be obtained upon the approval of any Membership Committee authorized to accept or reject membership on behalf of the Local, subject to the right of the Local to overrule the decision of a membership committee as per Article 5(B) of the Unifor Constitution.

SECTION 3 - TRANSFERS

The transfer of membership from this Local to the jurisdiction of another Local and from another Local to the jurisdiction of this Local shall be made in accordance with the Unifor Constitution.

SECTION 4 – CONTINUOUS GOOD STANDING AND TERMINATION

Membership in the Union shall be terminated when a member accepts a position which would render the member ineligible for membership. A member who temporarily

ARTICLE 6 – MEMBERSHIP CONTINUED...

assumes such a position may retain membership, but that member shall not hold any office within the Union or attend any Local or other Union meetings while the member is considered to not be in Good Standing, except where prohibited by law, ans shall not have any voting privileges.

For a member to be considered in Continuous Good Standing the member must be paying dues to the Local, have signed a membership application and be within the Bargaining Unit for six continuous months after returning to the Bargaining Unit including but not limited to completion of an Acting or Interim Manager assignment.

ARTICLE 7 – MEMBERSHIP MEETINGS

SECTION 1 – REGULAR MEETINGS

Regular meetings of this Local shall be held on the third (3rd) Wednesday of each month with the exception of:

(a) February, March, May, July, August, and December.

SECTION 2 – SPECIAL MEETINGS

Special meetings may be called by a majority vote of the Local Executive Board or by petition signed by twenty (20) members. Upon receipt of a proper petition, the Local Executive Board shall call a special meeting to be held within ten (10) days.

The number constituting a quorum for a special meeting called by a majority vote of the Local Executive Board shall be eight (8). If a special meeting is called by a petition signed by twenty (20) or more members, those members’ names on the petition are required to be in attendance to the special meeting to constitute a quorum. If the quorum requirements are not met, the special meeting will be cancelled.

SECTION 3 – CONDUCT OF MEETINGS, OTHER LOCAL BUSINESS AND QUORUM

Any member who attends a meeting under the influence of alcohol or drugs and/or creates a disturbance, or becomes unruly shall lose voice and her/his right to vote at said meeting. Where necessary to maintain order, the member may be evicted from the meeting by order of the Chairperson subject to the challenge of the membership. Flagrant or persistent violation of this section by any member shall be conduct unbecoming a union member.

(a) Membership meetings and any other business of this Local shall be conducted under these By-Laws and Rules of the Local and in conformity with the Unifor Constitution. On questions where the Local By-Laws, the

ARTICLE 7 – MEMBERSHIP MEETINGS CONTINUED...

Local Rules or the Union Constitution do not clearly apply, Bourinot's Rules of Order shall govern.

(b) The number constituting a quorum for Local meetings shall be eight (8). If a quorum is not met at a Membership Meeting, then the following membershipmeeting, the quorum will be the number of members in attendance. By-laws cannot be changed without a quorum of (8) eight.

(d) All general membership meetings shall be smoke and alcohol free.

ARTICLE 8 – POWERS OF ADMINISTRATION

(a)The membership is the highest authority of this Local Union and shall be empowered to take or direct any action not inconsistent with the Constitution or By-Laws.

(b)Between membership meetings, the Executive Board shall be the highest authority of the Local Union and shall be empowered to act on behalf of the membership to the extent urgent business requires prompt and decisive action, subject to subsequent membership approval, but the Executive Board may not take action affecting the vital interests of the Local Union without prior membership approval.

(c)Between meetings of the Executive Board, the President shall exercise general administrative authority and shall be empowered to act on behalf of, and take action permitted, to the Executive Board subject to subsequent approval of the Executive Board

ARTICLE 9 – LOCAL UNION OFFICERS

The Officers of the Local shall be:

President
Vice-President
Secretary
Treasurer

The duties of the Executive Officers are as set forth in Article 15 Section C of the National Constitution.

ARTICLE 10 – LOCAL EXECUTIVE BOARD

The Local Executive Board shall consist of the following:

President
Vice-President
Secretary
Treasurer
Chief Stewards

Executive Board Conduct:

The Executive Board shall meet the 3rd Wednesday of the month with the exception of March, July, August and December.

(a)A simple majority of the Local Union Executive Board shall constitute a quorum.

(b)Minutes will be taken of all Executive Board Meetings by the Recording Secretary and shall be available to the membership at meetings.

(c)All decisions and recommendations of the Executive Board shall be referred to the next regular membership meeting.

(d)The Executive Board shall appoint at least one of its members to each of the standing committees in liaison or advisory capacity, except, however, the Workplace Bargaining Committees, or Election Committee.

(e)The Executive Board shall review each issue of the Local Union paper, and where necessary shall take steps to bring the contents and policy of the paper into conformity with the policy of the National Union.

A Special Executive Board meeting may be called by the President, or by a majority of the Board Members.

ARTICLE 11 – CHIEF STEWARDS, STEWARDS and HEALTH & SAFETY REPS

Duties of the Chief Steward shall be as follows:

(a)Be elected by the units they represent;

(b)Be familiar with the Collective Agreement and all steps of the grievance procedure within their bargaining unit;

(c)Instruct and supervise all Stewards under their jurisdiction;

(d)Report all grievances, within the unit, at the monthly Executive and General Membership Meeting.

ARTICLE 11 – CHIEF STEWARDS, STEWARDS and HEALTH & SAFETY REPS CONTINUED...

(e)Perform such other duties as may be assigned by the President or the Executive Board.

Duties of the Stewards shall be as follows:

Stewards shall be elected by the group of members they will represent, however, where the members fail to elect a Steward the Local President may appoint one, subject to the right of the Local membership to overrule such appointment.

(a)To become familiar with all the provisions of the Collective agreement with the Company and thoroughly investigate all grievances coming within their jurisdiction;

(b)To be completely familiar with the grievance procedure;

(c)To receive complaints and grievances from the members and make every effort in conformity with the grievance machinery to satisfactorily adjust and settle all grievances;

(d)To refer all grievances that have not been satisfactorily adjusted in the second stage to the Chief Steward, or to the President of the Local if the grievance arises in a location where there is no Chief Steward;

(e)To inform the chief steward of all grievances/potential grievances, discipline and to report all grievances satisfactorily settled;

(f)To turn over all paper, documents, funds or other property at the conclusion of the term of office to the Local or to his successor in office and obtain a receipt thereof; and

(g)To perform such other duties as may be assigned by the President or the Executive Board.

Duties of the Health and Safety Representative:

Representatives shall be elected by the group of members they represent. The duties of the Health & Safety representative is to attend the local Health & Safety Committee meetings and discuss local health & safety problems with the Company Representatives.

ARTICLE 12 - LOCAL COMMITTEES

(a) The Local should have the following standing committees

1.Election

2.Community Services

3.Health and Safety Committee

4.Recreation/Social Committee

5.Women's Committee

6.Constitution and By-Laws Committee

7.Environment Committee

ARTICLE 12 - LOCAL COMMITTEES CONTINUED...

8.Human Rights Committee

9.LGBTQ Committee

10.Aboriginal and Workers of Colour Committee

11.Workers with DisabilitiesCommittee

12.Young Workers Committee

13.Membership Committee

14.Trustee Committee

15.Membership and Excuse Committee

(b)Members of all committees shall be appointed by a majority vote of the Local Executive Board, except the Trustee Committee. The Trustee Committee shall be elected by the membership. All Committee appointments are subject to the right of the Local membership to overrule such appointments.

(c)Vacancies on committees shall be filled in the same manner as the original appointments.

(d)A member of any local committee may be removed by a majority vote of the Local Executive Board, subject to the right of the Local to overrule the action of the LocalExecutive Board. A committee member may also be removed by action of the Local in a membership meeting. Members of the Trustee Committee are subject to removal in accordance with the recall provisions of Article 15 of the Unifor Constitution.

(e) The Committees shall perform all duties assigned to them by the Constitution and By-Laws and such additional duties as they may be directed to perform from time to time by the Executive Board or the Membership.

(f) Duties ofCommittees

All Committees shall provide minutes of their meetings, to the Local Secretary in a timely manner.

1.Election Committee - The Election Committee shall conduct all nominations, elections and referendums of this Local. (See Article 13)

2.Community Services - The Community Services Committee shall assist in developing all Community Services programs.

3.Health & Safety Committee - The Health and Safety Committee shall deal with all Health and Safety matters pertaining to members of the Local.

4.Recreation/Social Committee - To foster and promote good fellowship for all members, and deal with all social activities of the Local.

ARTICLE 12 - LOCAL COMMITTEES CONTINUED...

5.Women's Committee Representative - To promote and deal with women's issues on behalf of Local 28, and give a detailed report of the women's committee meetings.

6.Constitution and By-Laws Committee – The Constitution and By-laws Committee shall propose amendments to the By-Laws as needed in accordance with Article 22 of these By-laws.

7.Environment Committee – The Environment Committee will be the Locals voice regarding Environmental issues in our community and workplaces which we have jurisdiction.

8.Human Rights Committee – The Human Rights Committee will generate action and education to members to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated.

9.Lesbian, Gay, Bisexual and Transgender (LGBT) Committee – To advocate for LGBT workers.

10.Aboriginal and Workers of Colour Committee – Shall encourage participation from the Aboriginal and Workers of Colour members of the Local and provide support and information to same and encourage awareness within the communities in which we have jurisdiction.

11.Workers with Disabilities Committee - Advocate for and raise awareness of disabilities within our Union, workplaces and Communities.

12.Young Workers Committee – to Advocate and raise awareness of Young Workers within our Union, workplaces and communities. (Under age 35)

13.Membership Committee – to approve or object (with proper and just cause) to ones’ application to be a member of Unifor Local 28.

14.Trustee Committee – The Trustee Committee shall:

(a)Exercise general supervision over the property of the Local, subject to such instructions as they may from time to time receive from the Local.

(b)Ensure that proper procedures are instituted and maintained by the Executives to provide detailed, up-to-date recording and accounting of all transactions involving any funds and properties of the Local.

ARTICLE 12 - LOCAL COMMITTEES CONTINUED...

(c)Audit the books of the Local at the end of each quarter, or, at the request of the Local Executive Board, or, at the Trustee Committee's discretion. A report shall be made to the Local

members thereon and forward a copy to the Secretary Treasurer of the National Union.

(d)Verify that all transactions involving Local funds and properties were properly authorized.

(e)Require the Treasurer, to deposit all monies belonging to the Local in such bank as the Executive Board may designate, and require the treasurer, or any other officer of the Local handling funds of the Local to be bonded in such amount as the Local may direct, to be paid for by he Local.

15.Membership and Excuse Committee

The Membership Committee shall accept or reject membership applications in accordance with th By-laws and rules of this Local and Article 5 of the Constitution and policies of the Union.

The Excuse Committee will validate a members' excuse for being absent from a meeting to which they wish to be excused.

ARTICLE 13 – ELECTIONS AND ELECTIONS COMMITTEE

SECTION 1 - NOMINATIONS & ELECTIONS

(a)President and Treasurer shall be nominated in the months of September and October and elected in the month of November for a term of 3 (three) years. Nominations shall be deemed closed with the adjournment of the October membership meeting. The Elected Member shall assume his/her roles on January 1st following the election.[1]

(b)Vice-President, Chief Stewards and Secretary shall be nominated in the months of September and October and elected in the month of November for a term of 3 years. Nominations shall be deemed closed with the adjournment of the October membership meeting.The Elected Member shall assume his/her roles on January 1st following the election.[2]

(c)Stewards shall be nominated in the months of September and October and elected in the month of November for a term of 3 years. Nominations

ARTICLE 13 – ELECTIONS AND ELECTIONS COMMITTEE CONTINUED...

shall be deemed closed with the adjournment of the October membership meeting. The elected Member/s shall assume his/her role on January 1st

following the election. Steward elections will be held the same year as Section 1, Sub-section A

(d)Local Health and Safety Representatives shall be nominated in the months of September and October and elected in the month of November for a term of 3 (Three) years. Nominations shall be deemed closed with the adjournment of the October membership meeting. The elected Member/s shall assume his/her role on January 1st following the election. Health and Safety Representative elections will be held the same year as Section 1, Sub section (B).