CUPE 4163 Proposed Bylaw Amendments, October 2021

Proposed Bylaw Amendments to be voted upon at the October 26, 2021 SAGM

# 1. Updating Social Justice Fund Bylaw

Purpose: To provide fuller criteria for Social Justice Fund nominees and to move the Social Justice Fund policy into the bylaw.

Current

Bylaw 11: Finances

4) Donations

b)     CUPE 4163 Social Justice Fund

i) All members of CUPE 4163 employed in a CUPE 4163 job in September and in January automatically have an additional one dollar ($1.00) deducted from one (1) paycheque in each of the Fall and Winter Semesters of that year to be used in a Social Justice fund for charitable aid.

ii) Half of the CUPE 4163 Social Justice Fund will be distributed by vote of the members in the Fall Semi-Annual General Meeting and half will be distributed by vote of the members at the Spring Annual General Meeting. The total amount deducted each semester will be split between two Social Justice nominees at that semester’s annual general meeting.

Proposed

b) CUPE 4163 Social Justice Fund

i)  All members of CUPE 4163 employed in a CUPE 4163 job in September and in January automatically have an additional one dollar ($1.00) deducted from one (1) paycheque in each of the Fall and Winter Semesters of that year to be used in a Social Justice fund for charitable aid.

ii)  The intent of this fund is to help organizations, charities, and causes that are compatible with union and social justice principals. Political parties and youth or campus wings of parties or organizations are not eligible. Local staff will vet all nominations and flag any problematic nominees for the Executive, which will decide whether or not to disqualify them.

iii) (ii) Half of the CUPE 4163 Social Justice Fund will be distributed by vote of the members in the Fall Semi-Annual General Meeting and half will be distributed by vote of the members at the Spring Annual General Meeting. The total amount deducted each semester will be split between two Social Justice nominees selected by the members at that semester’s annual general meeting. If there is only a single recipient, they shall receive the entire amount.

iv) Members wishing to make nominations for Social Justice Fund must submit a maximum one (1) page profile of the nominee. Nominees must have a member to serve as spokesperson at the general meeting; nominees with no spokesperson present will not be considered. Nomination speeches will be limited to two minutes. Members of the executive cannot serve as the spokesperson unless they have made the nomination.

v) In the event there is only a single nominee, whether or not it shall be awarded the Fund shall still be voted upon by the membership.

vi) In the event that there is either no nominee for the Fund or no nominee is selected to be a recipient, the Fund amount shall be carried over to the next General Meeting vote. The new total shall be divided between the recipients of that vote unless the members at that meeting decide to split the larger amount between three recipients.

 


# 2. Updating Bargaining Team Honorarium

Purpose: To reflect the long-standing practice that Bargaining Team members receive pay and not honoraria

Current

Bylaw 11: Finances

3)    Honoraria in Recognition of Outstanding Volunteer Service

c) At the completion of bargaining an honoraria of $100.00 will be paid to each member of the bargaining committee.

Delete c), renumber d)


#3. Changing the notice period for bylaw amendments

Purpose:  To remove a barrier to making bylaw amendments. As CUPE 4163 does not have monthly membership meetings, and it can be difficult to get quorum for August executive meetings in order to approve changes to be brought to the members, it can be difficult to bring bylaw amendments to the members.

Current

Bylaw 14: Amendments

b) These bylaws shall not be amended, added to, or suspended except upon a majority vote of those present and voting at a regular or special membership meeting following seven (7) days notice at a previous meeting or at least sixty (60) days written notice.

Proposed

Bylaw 14: Amendments

b) These bylaws shall not be amended, added to, or suspended except upon a majority vote of those present and voting at a regular or special membership meeting following seven (7) days notice at a previous meeting or at least sixty (60) thirty (30) days written notice.


# 4. Update and correct “Members” section of bylaws

 Purpose: To update the component 2 section and to use proper job titles elsewhere in the “Members” section of bylaws.

Current:

Bylaw 2: Members of the Local

  1. Members.

In addition to their membership in the Local, each member will be recognized as a member of one of the component units.
The component units consist of Component I (comprised of non-Faculty Instructors and Assistants, excluding: Component II (comprised of Instructors, Assistants, and other educational employees of the English Language Centre] and Component III (comprised of Sessional Instructors not included in other Unions (e.g. PEA)].

Proposed:

Bylaw 2: Members of the Local

  1. Members.

In addition to their membership in the Local, each member will be recognized as a member of one of the component units.
The component units consist of Component I (comprised of “Teaching Assistants, Computer Lab assistants, non-Faculty Lab Instructors and Academic Assistants) , excluding: Component II (comprised of Language Instructors, and Cultural Assistants, and other educational employees of the English Language Centre in Continuing Studies, as well as Residence Community Leaders and Program Resource Centre Advisors]) and Component III (comprised of Sessional Instructors Lecturers and Music Performance Instructors not included in other Unions (e.g. such as the PEA) ].

Jan 21, 2021 Approved by Executive to bring forward to Membership


# 5. Update to the Member Appeals Process

Purpose: To change the Grievance Decision Appeal Process from Policy to Bylaw, and to more fully explain the process.

Current

Bylaw 15: Appeals

a)     A member of the Local can appeal a decision made by a union committee (e.g., the grievance committee) to the Executive Board.

Proposed

a)  In the event of the Grievance Committee deciding to not move forward with a member’s grievance, the A member of the Local can appeal a the decision made by a union committee (e.g., the grievance committee) to the Executive Board. To do so the member must notify the Local in writing (including email) within 7 (seven) days of receiving the decision. The Local will then have the matter placed on the agenda of the next Executive meeting. If the next scheduled Executive meeting is more than a week after the notice of appeal has been received, a special Executive meeting for the appeal shall be arranged with at least one week’s notice of meeting. A minimum quorum of the Executive who are not members of the Grievance Committee shall then meet to determine the status of a grievance. Members who voted on the grievance shall not have a vote on the appeal.

b) The Business Manager/Agent will take any and all necessary steps with the employer to ensure the matter is not lost due to the wait for an appeal violating any timelines outlined in the grievance procedure of the collective agreement.

c).    At the appeal meeting, the Business Manager/Agent will have up to 30 minutes to state the Grievance Committee’s reasons for not advancing the matter to grievance or arbitration, present the case (including the National Representative’s opinion), and answer questions from the Executive Board.

 d) The Member will have 30 minutes to present their case and reasons for advancing the matter as well as to answer questions from the Executive Board. Should the member not be able to attend the scheduled meeting, they must make their submission to the Board in writing at least 24 hours in advance of the meeting.

e) The member will then be excused from the meeting and the Executive will then discuss the arguments and conduct a secret ballot vote on whether or not to advance the matter.

f) The member will be notified of the decision by the President.

g) The decision of the Executive is final unless new and cogent evidence arises.

Jan 21, 2021 Approved by Executive to bring forward to Membership