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OPSEU Liquor Board Employees Division  Draft By-laws

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TABLE OF CONTENTS

ARTICLE 1:    NAME

1.1 This Division shall be known as the Liquor Board Employee Division of the Ontario   Public Service Employees Union.

1.2 The authority for the formation and activities of the Division is set out in Article 21 of the Constitution of the Union.

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ARTICLE 2:    INTERPRETATION AND ABBREVIATIONS

2.1 Union" refers to the Ontario Public Service Employees Union and not any subsidiary body.

2.2 “Division" refers to the Liquor Board Employee Division (LBED) of the Union.

2.3 “Constitution" refers to the Constitution of the Union.

2.4 “Convention" means a convention of the Union.

2.5 “Executive Board" refers to the Executive Board of the Union.

2.6 “Member" refers to an individual who is a member in good standing of the Union, as per the Constitution.

2.7 “Member Unit" refers to a bargaining unit of a multi-unit or composite Local, composed of members of the Union who are Liquor Control Board of Ontario employees.

2.8 “Member Local" is a local comprised exclusively of members employed by the Liquor Control Board of Ontario.

2.9 “Division Meeting" refers to a regular meeting of the Division delegates.

2.10 “LCBO" refers to the Liquor Control Board of Ontario.

2.11 Member Units and Member Locals who pay Division dues shall be considered as paid up and in good standing of the Division.

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ARTICLE 3:    AIMS AND PURPOSES

3.1 The aims and purposes of the Division shall be to:

(a) develop and promote the attainment of improved wages, hours of work, job security and general working conditions for all bargaining unit employees of the LCBO and the advancement of their  economic, social and cultural interest;

(b) analyze, develop and promote campaigns, policies, motions and resolutions designed to secure the continued role of government in the socially responsible control and sale of alcohol within the province, including restriction of the role of the private sector as owners or operators, in whole or in part, of the LCBO;

(c) engage in such activities as may be lawful and in the best interests of the membership, to promote the highest possible level of training, excellence and professionalism for members serving the public through their work at the LCBO;

(d) develop policies to guide Division members and Locals in developing collective bargaining demands;

(e) advance the aims, purposes and goals of the Division within the Union;

(f) bring together members to discuss matters of common interest;

(g) promote and support aims, purposes and goals of the Union, as a Division and with other Union groups;

(h) join with other unionized Liquor Board/Commission employee groups across Canada to promote the interests of such workers, occupations and organizations;

(i) conduct all negotiations with the representatives of the LCBO or any private or public sector undertaking which employs members of the Division, to regulate labour relations and to generally serve the best interests of the members.

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 ARTICLE 4:    JURISDICTION AND MEMBERSHIP

 

4.1 The Division’s Membership consists of Members and Member Locals, who are employed by the LCBO, or any other private or public sector undertaking conducting related business.

4.2 A Member Unit/Member Local in good standing:

(a) is entitled to participate in the business of the Division with full voting privileges;

(b) is entitled to have members run for office within the Division;

(c) is entitled to receive a copy of the By Laws of the Division, be advised of amendments to it, and receive an updated copy whenever it is compiled and reprinted.

 4.3 A Member, Member Unit and/or Member Local which has not paid Division dues (if required) is not in good standing and therefore:

(a) is entitled to participate in the business of the Division but without voting privileges;

(b) is not entitled to have members run for office within the Division;

(c) is entitled to receive a copy of the By Laws of the Division, be advised of amendments to it, and receive an updated copy whenever it is compiled and reprinted.

4.4 Members Units and Member Locals are entitled to send delegates to Division Meetings in accordance with the Convention formula as set out in the OPSEU Constitution.

Each Member Unit will have at least one delegate to ensure that Division members in Composite Locals are represented. The member Local President or Member Unit Steward will be the automatic first delegate from her/his Member Local or Member Unit. If they cannot attend, the appropriate group shall conduct an election for delegate(s) and alternate(s). The expenses of such delegates shall be paid in accordance with Article 13.7 of the Constitution

4.5 Divisional Executive Committee members shall be automatic delegates to Division Meetings over and above their Member Unit / Member Local entitlement.

4.6 OPSEU Executive Board members who belong to the Division will be entitled to attend with voice but without vote in their own right, unless he/she is a Delegate from his/her Local or is a member if the Divisional Executive.

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ARTICLE 5:    HEADQUARTERS

5.1 The headquarters of the Division shall be the same as set out in Article 3.1 of the Constitution.

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ARTICLE 6:    EXECUTIVE OFFICERS, EXECUTIVE COMMITTEE, STANDING COMMITTEES AND TRUSTEES

6.1 A goal of this Division is to have elected leadership that is accessible to and representative of the Division’s diverse membership.

6.2 The Executive Officers of the Division are the Chairperson, Vice-Chairperson, and Secretary-Treasurer.

6.3 The Divisional Executive Committee shall be comprised of the Executive Officers and the Chairs of the following three (3) Standing Committees: Education & Communications, Health & Safety, Benefits & Pensions. When an Executive Officer is also a chairperson of a Committee he/she shall vote only once.

6.4 

(a) The Divisional Executive Committee shall be elected by and from the delegates attending the Divisional Meeting. The Divisional shall be scheduled so as to avoid periods when collective bargaining with the LCBO is taking place. In such circumstances, the normal two-year term may be extended accordingly, subject to the Divisional being scheduled as soon as reasonably possible following ratification.

(b) Within sixty (60) calendar days following the Divisional, and in full consultation with the Chair of each Standing Committee, all remaining positions (and any subsequent vacancies) on each Standing Committee shall be filled pursuant to a majority vote of the Executive Officers of the Division.

The members of each Standing Committee will then elect from among themselves a Vice-Chair, who shall also assume the role of the Chair in the temporary absence of the Chair. Should the Chair resign or be permanently unable to continue, the Vice-Chair will assume the position of Chair until the next elections.

(c) Should the Division Chair resign or be permanently unable to continue, the Vice-Chair will assume the position of Chair until the next elections. Any other permanent vacancy arising among the Divisional Officers shall be filled immediately, for the balance of the term only, pursuant to the order of ranking set out in Article 6.12.

 

6.5 The duties of the Executive Officers shall be as follows:

 

(1)        The Chairperson shall:

• preside as Chairperson at all Division Meetings Special Meetings, and meetings of the Divisional Executive Committee;
   

• act as the official spokesperson for the Division;
   

• be the Chair of the Negotiating Committee;
   

• represent the Division at all meetings involving liquor board/ commission employees of other unions;
   

• be the Chair of the By-Law Review, Development and Futures Committee and Provincial Labour Management Committee;
   

• be responsible for Privatization Fightback Campaigns;
   

• be an ex-officio member with voice but no vote of the Grievance Committee, Education and Communications Committee, Health and Safety Committee, Benefits and Pensions Committee; and
   

• perform such other duties as shall be deemed necessary from time to time;

 

(2)        The Vice-Chairperson shall:

• be an automatic member of the Negotiating Committee;
   

• act as the first alternate chair of the Negotiating Committee;
   

• assist the Chairperson in carrying out official duties;
   

• in the temporary absence or incapacity of the Chairperson, assume the duties and powers of the office of the Chairperson;
   

• be the Chair of the Grievance Committee; and
   

• shall perform such other duties as may be deemed necessary from time to time;

 

(3)        The Secretary-Treasurer shall:

• be responsible for the correspondence of the Division, coordinating with the Education and Communications Committee;
   

• be responsible for maintaining membership information;
   

• verify that all necessary minutes have been taken and distributed to the Executive within thirty (30) days, including the alternates;
   

• be responsible for all the financial transactions of the Division;
   

• chair the Finance Committee. The payment of any outstanding debts against the Division shall be by cheque signed as provided for in Article 9.3 of these by-laws;
   

• at each Division Meeting, be required to present the financial statement showing the receipts and expenditures of the Division since the preceding Division Meeting and the budget until the next Division Meeting;
   

• be responsible for the preparation and presentation of such financial statements as may be called for from time to time by the membership of the Division; and
   

• perform such other duties as may be deemed necessary from time to time;

 

6.6       The Standing Committees of the Divisional Executive Committee are:

• By-law Review, Development and Futures Committee ** (Chaired by the Division Chairperson)
   

• Provincial Labour Management Committee (Chaired by the Division Chairperson)
   

• Grievance Committee (Chaired by the Division Vice-Chairperson)
   

• Finance Committee ** (Chaired by the Division Secretary-Treasurer)
   

• Education and Communications Committee ** (Chair to be elected)
   

• Health and Safety Committee (Chair to be elected)
   

• Benefits and Pensions Committee (Chair to be elected)
   

• Regional Labour Management Committees (4) (Chairs to be elected)
   

• Employee Assistance Program Committee ** (Chair to be elected)

The Standing Committees marked with “**” above will operate using Divisional funds.

 

6.7 From time to time it may become necessary for the Divisional Executive Committee to appoint an Ad Hoc Committee for a specific purpose. In this instance, the Divisional Executive Committee will establish terms of reference for the Ad Hoc Committee. Ad Hoc committees shall be established for a set period of time as decided by the Divisional Executive Committee. All expenses of this committee, approved by the Divisional Executive Committee, shall be paid for using Divisional funds.

6.8 All committees shall report regularly to the Divisional Executive Committee on their progress and at Division Meetings.

6.9 Each Standing Committee shall be chaired as set out in Article 6.6 and shall be further composed of individuals selected by the Committee Chairs in consultation with the Executive Officers, save and except the Finance Committee, which shall be chaired by the Secretary-Treasurer and consist of the Executive Officers, and the Labour/Management Committees which shall be constituted per Article 6.10(2) of these By-laws. These individuals shall have their expenses paid for by the Division as per OPSEU policy.

6.10 The Standing Committees shall have following functions, mandates and composition:

6.10.1  By-law Review, Development and Futures Committee:

• will conduct meetings in every second year of their term, and shall be responsible for reviewing the Division’s Bylaws and preparing a report concerning any desirable change, which report shall be considered at the Divisional Executive Committee Meeting.
   

• shall also meet to propose future strategy for the division in respect to its positions, policies and initiatives. It is understood that additional meetings of the committee may be required from time to time.
   

• shall be composed of the Divisional Chairperson, Vice-Chairperson, Secretary-Treasurer and two (2) other members as selected by the Executive

 

6.10.2 Labour/Management Committees:

(a) The Provincial Labour/Management Committee (PLMC) will exercise its functions per the relevant provisions of the collective agreement with the LCBO. These functions will include:

• coordinating the activities of the Regional Labour/Management Committees, including ensuring that meetings are held, that members are aware of the decisions taken at such meetings, that committee members are trained to meet the requirements of such committees, and that such meetings be part of a general strategy of contract enforcement.
   

• identifying province-wide issues/concerns from the membership and meeting with senior LCBO management representatives to seek resolution to same.

This Committee shall be composed of six (6) persons: the Divisional Chairperson, Vice-Chairperson, Secretary-Treasurer, plus three (3) other members as selected by the Executive Officers, to be determined as necessary based on the issues to be discussed with the Employer. In doing so, the Executive Officers shall ensure that at least one (1) Committee member is from a Logistics facility.

(b) (i) A Regional Labour/Management Committee (RLMC) composed of three (3) persons shall be maintained for each of the LCBO’s geographic Regions (Western, Central, Eastern, Northern), as well as for each Logistics Facility and for Head Office. Each Regional Labour/Management Committee (RLMC) will exercise its functions per the relevant provisions of the collective agreement with the LCBO. These functions will include:

• identifying issues/concerns from the Locals and meeting with Regional LCBO management representatives to seek resolution to same.
   

• Ensuring that PVR is addressed within its jurisdiction.

An OPSEU staff person shall be assigned to each RLMC.

(ii) A Chair shall be elected for each Regional Labour/Management Committee (RLMC) as above, from and by the Delegates working in each of the LCBO’s geographic Regions (Western, Central, Eastern, Northern) attending at a Divisional Meeting. For  Logistics Facilities and Head Office, the Chair and remaining Committee members shall be determined locally.

(iii) The Chair of each individual RLMC will, in consultation with the other RLMC members, determine the issues to be presented to the Employer. Other members attending will be determined by the Local Presidents in the Region, giving consideration to the issues being presented. Unresolved issues, with accompanying documentation and argument, will be forwarded to the Divisional Chair for inclusion on the next PLMC meeting Agenda.

 

6.10.3 The Grievance Committee has the authority to review grievances (individual, group or Union) with the view to ascertaining, in a manner that is not arbitrary, discriminatory or in bad faith, which grievances shall proceed to arbitration, in accordance with the terms set out in the Collective Agreement. The Committee shall have the authority to withdraw a grievance, subject to the affected member’s right to appeal such a decision. The grievor shall be advised of the decision and the reasons for the withdrawal in writing within twenty (20) days of the decision being made. The Committee shall also have the authority to consolidate similar grievances, as well as determine whether a single test case should be advanced for the purpose of determining a result (or interpretation) for a group challenging a substantially similar issue. The Committee shall consult with the OPSEU Grievance Unit for advice regarding the principles that should guide their determinations. The Committee’s mandate and authority derive from the OPSEU Executive Board ruling at the December 2005 meeting, at which the Board approved the Constitutional Interpretation concerning the LBED Grievance Committee.

This Committee shall be comprised of the following persons:

• Vice-Chair of the LBED, who will serve as Committee Chair
   

• two (2) Members-at-Large appointed by the Committee Chair in consultation with the Executive Officers for terms of not less than four months’ duration. It is understood that such terms may be extended or renewed.
   

• one (1) Grievance Officer appointed by the Contract Enforcement Unit
   

• one (1) OPSEU Service Representative assigned to LBED and appointed by the Local Services Sector Supervisor responsible for the LBED

The Committee will provide an orientation process for incoming members including, but not limited to, addressing matters concerning the need to respect confidentiality concerning some elements of the Committee’s discussions and/or decisions.

Meetings will take place monthly, or at such other times as may be determined by the Committee.

The Terms of Reference for the Committee will be made available to the LBED DivEx, LBED Local Presidents, and OPSEU Service Representatives with LBED assignments, and will be available on the OPSEU website.

The Committee will also act as a resource to the Division to the extent possible, by providing guidance and/or direction where questions arise with regard to matters concerning:

• the interpretation of the collective agreement
   

• the applicability of arbitration decisions
   

• issues that may be relevant to the collective bargaining process

The Committee Chair will regularly report to the DivEx with regard to the activity of the Committee. Further, the Committee will provide periodic contributions to the ECHO and such other OPSEU member newsletters as requested. The Committee will also provide copies of all relevant correspondence to the Steward of record on each grievance.

 

Appeal Process

Members may appeal a decision of the Committee with respect to their grievance(s) in the following manner:

• the Appeal must be filed in writing with the Chair of the Grievance Committee or with the Grievance Officer assigned to the Committee, within twenty (20) business days following receipt of the original decision of the Committee.

• the member is responsible for providing any and all additional documentation or arguments in support of his/her Appeal.

• the Grievance Committee will consider an Appeal to be a priority. Accordingly, it will make every effort to consider an Appeal at the first scheduled Committee meeting following receipt of the member’s request for Appeal.

• a member who has lodged an Appeal shall receive written notification with reasons provided from the Committee within a further twenty (20) days following the meeting at which his/her Appeal was reviewed.

• all decisions on Appeals by the Committee are considered final and no further consideration shall be expected or required of the Union.

 

6.10.4 The Education and Communications Committee will be responsible for assessing the educational and informational needs of the Division’s Members and Member Locals and for ensuring the production of both educational material, courses and membership publications. A primary function will be to distribute information between Committees and the membership through Local structures and provide input into Divisional newsletters. In addition to the elected Chair, this Committee shall be further comprised of two (2) members selected in accordance with Article 6.4(b) of these Bylaws.

6.10.5 The Finance Committee will be responsible for financial planning and budgeting, and for reporting on same to Division Meetings. The Finance Committee shall also monitor and report on the status of the Privatization Defense Fund. This Committee shall be chaired by the Divisional Secretary Treasurer, and shall be further comprised of the Divisional Chairperson and the Divisional Vice-Chairperson.

6.10.6 The Health and Safety Committee will be responsible for advancing the health and safety needs of the Division’s members and Member Locals, for addressing issues with senior management that are referred from workplace committees, and for seeking improvements needed to make their workplaces safer, in accordance with the terms set out in the collective agreement. In addition to the elected Chair, this Committee shall be further comprised of two (2) members selected in accordance with Article 6.4(b) of these Bylaws, plus the assigned staff person.

 

6.10.7

(a) The Benefits and Pensions Committee shall be responsible for addressing the benefit and pension concerns of Members and Member Locals including acting as an advisory body to the Negotiating Committee. Such role shall include participation in the Benefits Review Committee in accordance with the terms set out in the Collective Agreement. In addition to the elected Chair, this Committee shall be further comprised of two (2) members selected in accordance with Article 6.4(b) of these Bylaws, plus the assigned staff person.

(b) The Employee Assistance Program (EAP) Committee shall be responsible for ensuring that members are able to obtain information and access to any assistance required under the EAP policy of the Employer. In addition to the elected Chair, this Committee shall be further comprised of two (2) members selected in accordance with Article 6.4(b) of these Bylaws, plus the assigned staff person.

 

6.11   

(a) There shall also be a Trustee Audit Committee which shall examine all financial books and records of the Division in January and July of each year, and shall meet with the Secretary-Treasurer for that purpose. The Trustees shall report on their review to the Divisional Executive Committee and to the next Division Meeting. Expenses of the Trustees will be paid out of Divisional funds.

(b) The two (2) Trustees and one (1) Alternate shall be elected by and from the delegates at the Division Meeting, for a period of two (2) years. For this two (2) year period, a person holding the office of Trustee shall not hold any other office with the Division. This requirement shall not preclude a Trustee or Alternate from holding elected office within their home Local. The two (2) nominees with the highest number of votes shall be elected and the nominee with the third highest number of votes shall be the Alternate. Up to two (2) names may appear on the ballot. Should a vacancy occur, that vacancy shall be elected by more than fifty percent (50%) of the valid ballots cast of the Executive Committee.
 

6.12 The order of authority, or ranking, for the positions on the Divisional Executive Committee shall be as follows:

Chairperson
Vice-Chairperson
Secretary-Treasurer
Chair, Benefits and Pensions Committee
Chair, Health and Safety Committee
Chair, Education and Communications Committee

6.13 Staff assigned to any Standing or Ad Hoc Committee shall attend Committee meetings with voice but no vote.

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ARTICLE 7:    EXECUTIVE COMMITTEE MEETINGS

7.1 Meetings of the Divisional Executive Committee shall be conducted in the following manner:

(1) There will be no fewer than four (4) meetings per year or one (1) per quarter;

(2) Regular meetings of the Divisional Executive Committee shall be called by the Chairperson on at least two (2) weeks notice, which notice shall set out the date, time, place and agenda of the meeting;

(3) Emergency meetings may be called by the Chairperson with no less than twenty-four (24) hours notice and may be conducted by telephone conference call;

(4) A quorum for meetings of the Divisional Executive Committee shall be fifty percent (50%) of the total number of members of the Executive Committee;

(5) Any member on the Divisional Executive Committee who is absent from two (2) consecutive Divisional Executive Committee meetings without reasonable explanation to the Chairperson of the Divisional Executive Committee shall be deemed to have resigned the position. Such position shall be filled in accordance with Article 6.4(b).

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ARTICLE 8:    ELECTIONS

8.1 Notwithstanding the general provisions of these By-laws, the order of election shall be as follows:

Chairperson
Vice-Chairperson
Secretary-Treasurer
Chair, Benefits and Pensions Committee
Chair, Health and Safety Committee
Chair, Education and Communications Committee
Chair, EAP Committee
Regional LMC Representatives, plus Alternates
Two (2) Trustees and one (1) Alternate Trustee

It is understood that a member cannot hold more than one (1) position on the Executive Committee.

8.2 Members of the Divisional Executive Committee shall be elected by the delegates at the Division Meeting, except where vacancies occur which shall be filled under Article 6.4.

8.3 Each position on the Divisional Executive Committee shall be elected. Every candidate for election shall be a member in good standing, and shall have been nominated.

8.4 Nominations may be submitted in writing by the date established by the Divisional Executive Committee, or may be submitted from the floor of the Division Meeting. The member so nominated must signify orally at the meeting, or in writing to the Chair of the meeting if they are not in attendance, that they accept such nomination before being presented for election.  Further, it is understood that both the nominee and the nominator must be Divisional members in good standing.

8.5 Notwithstanding any other provision of these By-laws, the election of the members of the Divisional Executive Committee shall be by secret ballot as follows:

(1) The names of all candidates shall be presented to the delegates in order of nomination.

(2) The delegate casting a ballot shall write on the ballot the name of the person in whose favour the ballot is being cast.

(3) A ballot having more than one name written on it, or having any other mark on it which casts doubt on the intention of the voter, shall be deemed to be spoiled and shall not be counted.

(4) A ballot marked in any manner which reveals the identity of the voter, shall be deemed to be spoiled and shall not be counted.

(5) Ballots shall be placed by the delegate voting in a sealed ballot box.

(6) At the appointed time during the Division or Special Meeting the said ballot box shall be opened by the staff person or persons designated to conduct the vote, and the person or persons shall be charged with the responsibility of counting the votes and reporting the results to the Chairperson, who shall be charged with the duty of announcing the results of such vote to the delegates assembled.

(7) The winning candidate shall be the person with more than fifty percent (50%) of the valid ballots cast.

(8) If no candidate is elected, then the candidate who places last will be removed from the next ballot and another vote may take place.

 

8.6 Any person presented for election shall be able to appoint a scrutineer who shall scrutinize the running of the election and the counting of the ballots. It is understood that ballots will be immediately recounted at the request of a scrutineer. In the event a scrutineer expresses reasonable concern as to the result rendered, the ballots shall not be destroyed until such time as the specific concern or dispute has been resolved.

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ARTICLE 9:    AUTHORITY AND FINANCE

9.1 Division dues shall come from dues rebate payments from OPSEU to LBED Locals or from a Divisional dues levy on LBED due-payers. The form that Divisional dues will take and their level of shall be determined at a Division Meeting by a two-thirds (2/3) vote of the delegates. It is understood that the application of Divisional dues must be approved by individual LBED Local Units and Member Units respectively.

9.2 Member Units and Member Locals who pay Division dues shall be considered as paid up and shall remain in good standing of the Division, provided that dues are not in arrears for more than six (6) months. Good standing status may be reinstated upon submission to the Secretary-Treasurer of all arrears in dues, or for any other reason acceptable to the Executive Committee.

9.3 The signing officers shall be any two (2) of the Division Executive Officers: Chairperson, Vice-Chairperson, Secretary-Treasurer.

9.4 A Trustee Audit Report will be submitted to the Executive of the Division through the Secretary-Treasurer in January and July of each year.

9.5 A copy of the Audit Report will be kept with the Secretary-Treasurer and the Division chair.

9.6 The most recent Audit Report shall be presented at the next Division Meeting. Previous reports will be available upon request.

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ARTICLE 10:  DIVISION MEETINGS

10.1 Division Meetings will be called from time to time by the OPSEU Executive Board in compliance with the Policy of the Union.

10.2 A quorum for Division Meetings shall be fifty percent (50 %) of the delegates registered at the meeting and entitled to vote.

10.3 The Division shall follow the rules of order as set out in the Constitution. In matters not covered by the Constitution, Robert's Rules of Order shall apply.

10.4 The Chairperson shall conduct the business of the meeting. The agenda for the meeting shall be established by the Divisional Executive Committee.

10.5 Each Member Unit and Member Local may send alternates and observers to any Division and Special Meetings at its expense, but only those delegates chosen pursuant to Article 4.3 shall be entitled to move or second resolutions or vote at any such meeting.

10.6 Each member of the Divisional Executive Committee shall be deemed to be a voting delegate, except for the Chairperson who shall be entitled to vote only in the event of a tie.

10.7 Voting shall be by a show of hands, unless the Chairperson, the constitution or other provisions of these By-laws directs otherwise.

10.8 Each delegate from a Member Local or Member Unit which is in good standing is entitled to one (1) vote and there shall be no votes by proxy. The alternate from such a Member Local or Member Unit shall be empowered to vote only when the delegate is unable to do so.

10.9 Unless otherwise specified, any decision taken at a meeting shall take effect forthwith at the conclusion of the meeting.

10.10 The Order of Business at a Divisional Meeting shall be:

(1)  Call to Order
(2)  Adoption of the Agenda
(3)  Minutes of the Previous Meeting
(4)  Business Arising from the Minutes
(5)  Chairperson’s Report
(6)  Executive Committee’s Report
(7)  Secretary-Treasurer’s Report
(8)  Reports of Other Committees
(9)  Elections (if any)
(10)  New Business
(11)  Adjournment

In presenting an Agenda based on the above Order of Business, the Executive should specify subjects under items (8), (9) and (10).

10.11 Special Meetings

(a) Special Meetings of the Division and/or Local Presidents/designees may be called at any time by the Divisional Executive Committee or upon the written request of ten percent (10%) of the membership. Notice of such meetings shall be given within two (2) weeks of any such written request and shall contain full particulars of any issues or motions to be brought to the Special Meeting. The meetings shall be held within three (3) weeks of such notice. Absent approval from the Union for central funding, any costs associated with convening a Special Meeting shall be paid from Divisional funds.

(b) The business of Special Meetings shall be conducted in a manner similar to that for the Division Meetings as set out in Article 10.4.

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ARTICLE 11:  DIVISION BY-LAWS AND THEIR AMENDMENT

 

11.1 Member Units, Members Locals and the Divisional Executive Committee may put forward proposed amendments to these by-laws in written form at least thirty (30) days prior to the next Division or Special Meeting. Notice of such proposed amendments shall be given to the Divisional Executive Committee through the Bylaw Committee which shall cause such proposed amendments to be circulated to other Member Locals and Member Units. The written form of the amendment shall be set out and dealt with as follows:

(a) A written Notice of Motion will be issued to the Division or Special Meeting setting forth the proposed change(s). Should the Notice of Motion be submitted by a Member Unit or Member Local, it must be supported by a resolution of the Member Unit or Member Local, passed at a duly convened meeting of the Member Unit or Member Local. A Notice of Motion submitted by the Divisional Executive Committee must be supported by a resolution of the Divisional Executive Committee.

(b) The Notice of Motion shall be included in the official Notice of the Division Meeting as a part of the agenda;

(c) The Notice of Motion and proposed change(s) shall be read to the Division or Special Meeting and the proposer of it shall be given the opportunity to speak to the Motion at such Division or Special Meeting. The motion may be considered by the delegates only after it has been seconded by one other delegate, failing which it shall be neither discussed nor voted upon;

(d) Delegates present at the Division or Special Meeting shall be permitted to amend a proposed resolution that is under discussion, provided the intent of the original motion is not changed.

11.2 Amendments which are to correct spelling or grammatical errors or to change the numbering of articles due to the addition or deletion of articles do not require advance notice to the membership nor approval by the Division or Special Meeting. Such amendments must be approved only by the Divisional Executive Committee.

11.3There shall be a review of these by-laws for the purposes of necessary amendment at least every two years through the By-Law Review Committee.

11.4 These By-laws may be amended only by a two-thirds 2/3 majority of the delegates present and voting at a Division Meeting.

11.5 These By-laws and all amendments shall be subject to the approval of the President of the Union before coming into force.

11.6 In all matters not specifically dealt with above, or where conflict arises, these By-laws shall be subject to the provisions of the Constitution and/ or such Policies as are enunciated by the OPSEU Executive Board.

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ARTICLE 12:  RESOLUTIONS, CONSTITUTIONAL AMENDMENTS AND MOTIONS

12.1 The Division may forward Resolutions and Constitutional Amendments to the OPSEU Convention.

12.2 The Division, through its Divisional Executive Committee or Division Meetings may pass Motions for presentation to the OPSEU Executive Board.

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