These By-Laws, in general, pertain to matters of the Chalk River Professional Employees Group organization not covered by the By-Laws and Regulations of The Professional Institute of the Public Service of Canada and are made pursuant to those By-Laws and Regulations.
“Institute” and/or “PIPSC” means The Professional Institute of the Public Service of Canada.
“Members” means those who meet the requirements of By-Law 3 (Membership).
“Employer” shall be as defined in the Group’s collective agreement.
“CRPEG” means the Chalk River Professional Employees Group.
“President” means President of the Group unless otherwise specified.
“Vice-President” means Vice-President of the Group unless otherwise specified.
“Rand members” means members who have not signed a union membership card.
By-Law 1: Name
The name of this Group shall be the PIPSC Chalk River Professional Employees Group, hereinafter referred to as the “Group”.
By-Law 2: Group Aim
The aim of the Group shall be to further the professional interests of its members; to protect the status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the employer and of the Institute that may affect the Group. The Group Executive shall speak for the Group in dealing with the Institute. This in no way infringes on the right of an individual to approach the Institute on their own behalf.
By-Law 3: Membership
3.1 Every member who belongs to the Group and who is a Regular member of the Institute shall also be a Regular member of the Group.
3.2 Every Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group.
By-Law 4: Rights of Members
4.1 All Regular members shall be eligible to hold office. All Regular members shall be eligible to nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
4.2 All Regular and Retired members shall be eligible to attend and speak at General Meetings of the Group.
4.3 All Regular and Rand members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
By-Law 5: Finances
5.1 Group Finances: Group finances shall be consistent with Institute policies.
5.2 Fiscal Year: The fiscal year of the Group shall be the calendar year.
5.3 Expenditures: The Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.4 Group Funds: Group funds will be maintained in an account assigned by the Institute.
5.5 Signing Officers: Signing officers are selected from the Group Executive with the decision being recorded in the appropriate minutes. There should be a minimum of three signing officers.
5.6 Signatures: All cheques shall have the signatures of two signing officers. A signatory cannot also be the payee.
5.7 Records: A written account shall be kept of all expenditures.
5.8 Auditing: As required, auditing and verification procedures shall be carried out by members of the Institute who are not responsible for the administration of Group funds.
By-Law 6: Group Executive
6.1 Role: The Group Executive shall exercise the authority of and act on behalf of the Group on all matters subject to this constitution between general meetings of the Group.
6.2 Composition: The Group Executive shall be elected by and from the Group members. The Group Executive shall be composed of the following positions:
- Chief Steward
- Employer Relations Officer
- Communications Officer
- Negotiations Officer
- Special Assignments Officer
Executive Advisors are appointed by the Group Executive and are not members of the Group Executive.
6.3 Term of Office: The normal term of office is two (2) years, with alternating election years as prescribed below.
In even-numbered years, the following positions shall be up for election:
- Employer Relations Officer
- Communications Officer
In odd-numbered years, the following positions shall be up for election:
- Chief Steward
- Negotiations Officer
- Special Assignments Officer
Elections shall occur each calendar year. Should any position not normally up for election in a year be vacant or be held by a non-elected member, that position shall also be up for election that year. If a Group Executive is elected in a non-election year for their position, the term of office for that Group Executive shall only be one (1) year so that the election schedule above is maintained.
6.4 Meetings: The Group Executive shall meet as frequently as is required, but at least twice a year.
6.5 Quorum: A quorum shall consist of a majority of the members of the Group Executive.
6.6 Voting: Decisions shall be by majority vote.
6.7.1 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the next election.
6.7.2 If a position, other than that of the President, becomes vacant for any reason, the remaining members of the Group Executive may select an eligible member of the Group to fill that vacancy until the next election.
6.7.3 Any member who is absent from two (2) consecutive meetings of the Group Executive without valid reason shall be considered to have resigned from the Group Executive.
6.8.1 President: The President shall call and preside at all meetings of the Group and of the Group Executive, and shall present to the Annual General Meeting a report on Group activities. The President shall represent the Group at meetings with the employer and with other organizations.
The President shall attend such meetings at PIPSC as required, including but not limited to the Advisory Council, the Regional Council and the PIPSC Annual General Meeting. When the President is unable to attend a meeting, the President will endeavour to send a designate.
6.8.2 Vice-President: The Vice-President shall assist the President in the performance of the President’s duties, and in the absence of the President, perform the duties of that position.
6.8.3 Secretary: The Secretary shall be responsible for sending notices of all meetings of the Group Executive. The Secretary shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and of the Group Executive, and shall ensure that a copy of minutes are filed with the Institute.
6.8.4 Treasurer: The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each General Meeting of the Group, prepare financial reports for meetings of the Group Executive as required, submit a detailed financial statement to the Institute as required, and prepare the request for the annual allowance of the Group. Copies of the financial report shall be available to all Group members.
6.8.5 Chief Steward: The Chief Steward shall supervise the activities of the Group’s Stewards, ensure that proper training is obtained for the Stewards, assist the Stewards in distributing the workload, track and maintain the list of grievances, assist in the preparation of grievances, and interact with the PIPSC Negotiators on grievance matters.
6.8.6 Communications Officer: The Communications Officer shall be responsible for ensuring that the Group members receive timely information on matters of concern to the Group, including all notices of general meetings. The Communications Officer shall be responsible for the preparation and distribution of the Group newsletters, for maintaining the Group’s online presence, for maintaining the Group membership list, and communicating changes in Group membership to PIPSC.
6.8.7 Employer Relations Officer: The Employer Relations Officer shall maintain contact with the employer and in particular, be aware of any activities or policies that would have an impact on the Group’s members.
6.8.8 Negotiations Officer: In conjunction with the PIPSC Negotiator, the Negotiations Officer shall prepare the negotiating strategy and head the negotiating team in contract talks with the employer. The Negotiations Officer shall keep up to date with provisions in other PIPSC and employer contracts, interact with other unions and organizations on matters relating to contract provisions and, in conjunction with PIPSC research staff, survey members as input to negotiations and analyze salary and other available information.
6.8.9 Special Assignments Officer: The Special Assignments Officer shall undertake special projects such as preparing briefs to government task forces, and perform such other duties as may be assigned by the Group Executive, such as sitting on the Group’s negotiating team, attending PIPSC regional and national general meetings, and sitting on joint employer committees which are established from time to time.
6.8.10 Executive Advisors: The Group Executive may appoint and dismiss Executive Advisors. Executive Advisors are existing or past Stewards of the Group that provide additional perspectives to the Group Executive. Typical Executive Advisor appointments include past Group Executives and highly engaged stewards. Executive Advisors do not have voting rights at Group Executive meetings.
6.8.11 Committees: The Group Executive may establish committees as necessary, with terms of reference and membership to be decided by the Group Executive. Copies of Committee reports shall be filed with the Group Secretary. Committees shall be dissolved by majority vote of the Group Executive.
By-Law 7: Elections
7.1 Elections Committee: The Group Executive shall appoint an Elections Committee to receive nominations for positions on the Group Executive, and to conduct the elections. Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.
7.2 Procedure for Nominations
7.2.1 The Elections Committee shall distribute a request for nominations to all members of the Group at least two (2) weeks prior to the closing date for nominations.
7.2.2 Nomination forms must be received by the Elections Committee by the close of business on a date to be determined by the Elections Committee. In the event that insufficient nominations are received to fill the vacancies, the Elections Committee shall attempt to obtain the names of additional persons willing and able to serve sufficient to fill the remaining vacancies. Nominations from the floor of the AGM will be accepted. If none are forthcoming, the Group Executive may appoint someone to that position.
7.2.3 Nominations must be supported by at least two (2) members of the Group and the nominee must indicate a willingness to serve if elected.
7.2.4 The Elections Committee shall scrutinize the nominations for eligibility and, if necessary, arrange for ballots to be distributed to all members eligible to vote in the election.
7.3 Election Procedure
7.3.1 The Elections Committee shall serve as Returning Officers and shall establish procedures for the efficient conduct of an election, the counting and tabulating of ballots and all matters directly related thereto not otherwise specified in these By-Laws.
7.3.2 The candidate receiving the highest number of votes for a position shall be declared elected.
7.3.3 The Elections Committee shall ensure the membership is informed of the results of the election as soon as possible.
7.3.4 The newly elected Group Executive shall take office immediately following the announcement of the results of the election.
By-Law 8: General Meetings of the Group
8.1 Annual General Meeting
8.1.1 The Annual General Meeting of the Group is its governing body. All members are entitled to attend.
8.1.2 The Group Executive shall call an Annual General Meeting of the Group once each calendar year. The interval between such meetings shall not exceed fifteen (15) months. Members shall be notified of the meeting and of any proposed changes to this constitution at least two (2) weeks prior to the date of the meeting.
8.1.3 Quorum: Fifty percent (50%) of the members in attendance at the beginning of the meeting shall constitute a quorum.
8.1.4 Agenda: The agenda shall include the following items:
- Approval of the Agenda
- Adoption of the Minutes of the previous Annual General Meeting
- Business Arising from the Minutes
- Report of the President
- Annual Financial Report
- Approval of Budget
- Report of the Elections Committee
- New Business, including Proposed By-Law Amendments
8.1.5 Voting on Motions: All members present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Decisions shall be by a simple majority vote.
8.1.6 Filing of Documents: Each year, following the Annual General Meeting, the Group Executive shall submit a copy of the draft AGM minutes, the annual financial report and the elections report to the Office of the Executive Secretary of the Institute prior to the end of the calendar year.
8.2 Special General Meetings
8.2.1 A Special General Meeting of the Group shall be called by the Group Executive or at the written request of at least 10% of the Group members. This meeting shall be held within six (6) weeks of such call or request.
8.2.2 Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
8.2.3 The same requirements shall apply to the notice, quorum, governance, attendance and voting at Special General Meetings as are prescribed for the Annual General Meeting.
By-Law 9: Rules of Procedure
At any meeting of the Group or Group Executive, or Committees thereof, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure. The Chair of such a meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure available at the meeting.
By-Law 10: Collective Bargaining
10.1 It is the responsibility of the Group Executive to appoint a Negotiating Team.
10.2 The term of office of the Negotiating Team shall remain in force until negotiations cease or a contract is signed.
10.3 Tentative agreements resulting from collective bargaining must be presented to the membership at a Special General Meeting before being ratified by the membership.
By-Law 11: Constitution and By-Laws
11.1 These By-Laws may be amended at a General Meeting of the Group. Approval of proposed amendments requires a simple majority of those voting.
11.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Group Executive. Proposed amendments may be submitted by any member of the Group. The notice of the Group meeting at which the amendments will be considered, shall include:
- the article to be amended; and
- the new wording.
11.3 New Constitutions and By-Laws, as well as any amendments, shall be submitted to the Institute By-Laws and Policies Committee for review.
11.4 This Constitution and By-Laws and any amendments thereto shall take effect upon ratification by the Group membership and approval by the Institute.
By-Law 12: Regulations
12.1 The Group Executive may make such Regulations and any amendments thereto, not inconsistent with these By-Laws, as it deems necessary or convenient for the operating of the Group.
12.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval. They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.
12.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting. These constitute changes to the Regulations and shall be subject to Article 12.2.
Context and Gender
In this Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.