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DISTRICT 18 UPPER GRAND |
CONSTITUTION
BY‑LAWS
Adopted 13
May 1998, effective 1 July 1998
Amended 11 May
1999
Amended 19 April 2000
Amended 3
April 2001
CONSTITUTION OF DISTRICT ......................................................................................... Page
1
ARTICLE 1: INTERPRETATIONS and DEFINITIONS ............................................ Page
1
(A) Interpretations............................................................................................. Page
1
(B) Definitions................................................................................................... Page
1
ARTICLE 2: Repugnancy............................................................................................. Page
2
ARTICLE 3: Name, Membership, and Rights................................................................ Page
2
ARTICLE 4: Organization............................................................................................. Page
3
(A) There shall be an Executive Council ............................................................ Page
3
(B) The
number of Executive offices............................................................ Page
3
(C) Terms
and Years................................................................................... Page
3
ARTICLE 5: BRANCHES........................................................................................... Page
3
ARTICLE 6: General Meetings..................................................................................... Page
3
(A) Power
and Quorum:.............................................................................. Page
4
(B) Annual
General Meeting:....................................................................... Page
4
(C) Other
General Meetings:........................................................................ Page
4
ARTICLE 7: Provincial Organization............................................................................. Page
4
ARTICLE 8: By-Laws.................................................................................................. Page
4
ARTICLE 9: Amendments of Constitution or By-Laws.................................................. Page
4
(A) Proposing
Amendments With Notice:.................................................... Page
4
(B) Amendments
Without Notice:................................................................ Page
5
(C) Deadline
For Dealing With Amendments:............................................... Page
5
(D) District
Executive Council Authority:...................................................... Page
5
BY-LAWS OF DISTRICT ..................................................................................................... Page
6
BY-LAW 1: Duties of Members................................................................................... Page
6
BY-LAW 2: Committees.............................................................................................. Page
6
(A) Chairperson:
........................................................................................ Page
6
(B) Standing
Committees............................................................................. Page
6
(C) Decisions.............................................................................................. Page
7
BY-LAW 3: District Executive Council.......................................................................... Page
7
(A) Meetings............................................................................................... Page
7
(B) Duties................................................................................................... Page
7
BY-LAW 4: Branch Organization.................................................................................. Page
8
(B) Branch
Representation.......................................................................... Page
8
(C) Branch
Operation.................................................................................. Page
9
BY-LAW 5: Past President........................................................................................... Page
9
BY-LAW 6: President.................................................................................................. Page
9
(B) Access
To Files:.................................................................................... Page
9
BY-LAW 7: Vice-Presidents........................................................................................ Page
9
BY-LAW 8: Secretary
.............................................................................................. Page
10
BYLAW 9:
Treasurer................................................................................................ Page
10
BY-LAW 10: Provincial Councillor............................................................................. Page
11
BY-LAW 11: District Communications Officer............................................................ Page
12
Communications Committee............................................................................ Page
12
BY-LAW 12: Educational
Services............................................................................ Page
12
(A) The
Chairperson................................................................................. Page
12
(B) The ES
Committee.............................................................................. Page
12
BY-LAW 13: Collective Bargaining............................................................................. Page
13
[A] BARGAINING
UNITS:..................................................................... Page
13
[B] DISTRICT
COLLECTIVE BARGAINING:........................................... Page
13
[C] Agreements:........................................................................................ Page
13
[D]
Resumption by the Provincial OSSTF................................................ Page
14
BY-LAW 14: Pension and Benefits Information........................................................... Page
14
BY-LAW 15: Parliamentary Committee...................................................................... Page
15
(A) The
Chairperson................................................................................. Page
15
(B) The
Committee................................................................................... Page
15
BY-LAW 16:
Provincial Assembly............................................................................. Page
16
(A) Delegates
and Alternates:.................................................................... Page
16
(D) Vacancies
for Delegates and Alternates............................................... Page
16
BY-LAW 17: General Meetings.................................................................................. Page
17
(A) Convening........................................................................................... Page
17
BYLAW 18: DISTRICT LEVY.................................................................................. Page
17
BY-LAW 19: Vacancy In Office................................................................................. Page
18
BY-LAW 20: Removal From Office............................................................................ Page
18
BY-LAW 21: ............................................................................................................ Page
18
(B) Spending
Authorities........................................................................... Page
18
(C) Expenses............................................................................................ Page
19
BY-LAW 22: Policy................................................................................................... Page
19
A) Creating
Policy.................................................................................... Page
19
(C) Policy
Wording.................................................................................. Page
19
BY-LAW 23: Educational Finance Officer................................................................... Page
20
BY-LAW 24: Political Action Officer.......................................................................... Page
20
BY-LAW 25: Health and Safety Officer...................................................................... Page
20
(A) Office....................................................................................................... Page
20
(B) Duties................................................................................................. Page
20
BY-LAW 26: Awards................................................................................................ Page
21
(A) Award
of Merit................................................................................... Page
21
(B) Service
Pin ......................................................................................... Page
22
(C) Past
President's Pin............................................................................. Page
22
(D) Silver
Fork Award.............................................................................. Page
22
BY-LAW 28: ORGANIZING NEW MEMBERS OF OSSTF................................... Page
23
(A) Categories:.......................................................................................... Page
23
(B) Process:.............................................................................................. Page
23
CONSTITUTION OF DISTRICT
ARTICLE 1: INTERPRETATIONS and DEFINITIONS
(A)
Interpretations:
(1) References to words such as `member',
`Executive', `Council', and `General Meeting' shall refer to those for the
District unless specifically modified otherwise by the use of " Bargaining
Unit", "Provincial", or like words.
(2) Definitions will be listed automatically
in alphabetical order.
(3) Cross-references needing changes because
of the adoption of amendments will be changed correspondingly automatically.
(4) If the law of Ontario prohibits any
particular clause herein, then such clause is inoperative until such time as
the law does permit the action again.
(B) Definitions: In the
District Constitution, Bylaws, Policies, and Special Rules:
(1) `Bargaining Unit' shall be used to
designate the OSSTF organization of those members in the District for whom OSSTF holds bargaining rights under
the appropriate legislation.
(2) A Board@ shall mean the >English Language
Public School Board Number 18', or the >Wellington
Catholic District School Board Number 48' as deemed appropriate.
(3) "CBC" shall mean
"Collective Bargaining Committee".
(4) "Constitution, Bylaws, Policies and
Special Rules" shall mean those of the District, unless specified
otherwise.
(5) "Council" shall mean the A Executive Council of the District .@
(6) "Councillor" shall mean a
member of the Council.
(7) "DCO" shall mean
"District Communications Officer".
(8) "District" shall mean
"District of OSSTF".
(9) "ES"
shall mean AEducational Services.@
(10) "Executive" and "Exec"
shall mean the "Executive Council", unless specified otherwise.
(11) "General Meeting" shall mean a
meeting for all members of the District.
(12) "member" shall mean an
"Active member", unless stated otherwise, as defined by the
Provincial Constitution and By-Laws of OSSTF.
(13) `OLRA members' means the members of OSSTF
organized under the requirements of the Ontario Labour Relations Act, who are
not TPA members.
(14) "OSSTF" shall mean "the
Ontario Secondary School Teachers' Federation".
(15) "OTF" shall mean "The
Ontario Teachers Federation".
(16) "PBO"
shall mean `Pension and Benefits Officer'
(17) "PD"
shall mean "Professional Development".
(18) "policy" shall mean a stated
position or stand taken by the District in accordance with its Constitution and
By-Laws on matters whose resolution is beyond the internal legislative power of the District.
(19) "Provincial"
shall refer to the organizational structure of OSSTF.
(20) "Spending Authority" shall mean
a person empowered under the By-Laws to authorize expenditure of funds.
(21) "Special Rules" shall mean rules
related to the administration of the District or rules of order for the
District not covered by the Provincial
or District Constitution and By-Laws.
(2)
>TPA members= means the members of OSSTF under
the requirements of the Teaching Profession Act who are contract teachers,
until the Occasional Teachers= Bargaining Unit is consolidated with it,
afterwhich time it shall mean the members of OSSTF who are Part X Education Act
members@.
(23) "vote" shall mean a vote of those
members of the relevant District body who are present at the meeting, qualified
to vote, and voting.
(24) "Workplace" shall be any location
where an OSSTF member is employed.
ARTICLE 2: Repugnancy
(A) Any part of the Constitution, By-Laws,
Policies, or Special Rules or any amendment thereto, which is repugnant to the
Provincial Constitution or By-Laws is hereby declared null and void.
(B) All Former Constitutions of the District are hereby declared null and void.
(C) All By-Laws, Policies, and Special Rules of
the District, insofar as they are repugnant to any part of this Constitution
are hereby declared null and void.
ARTICLE 3: Name, Membership, and Rights
(A) The name of the District shall be District 18.
(B) Each member of the District
must be:
(1) a member in good standing of
OSSTF, and
(2) employed by the Board .
(C) Each member has the same rights, duties and
responsibilities under the Bylaws of OSSTF, except for bargaining for a
collective agreement. In such cases, members are restricted to the procedures
for their own bargaining unit.
(D) All
Executive, Council, and Branch Executive members must be members of the
District at their election or
appointment and during their term of office, and be Active Members of OSSTF.
ARTICLE 4: Organization
(A) There shall be an Executive Council consisting of at least the following offices:
(1) District President
(2) Past President
(3) 2 Vice‑Presidents: one
TPA and one OLRA
(4) Secretary
(5)Treasurer
(6) the President of each
Bargaining Unit
(7) Chairperson of CBC
(8) the District Communications
Officer
(9) the Education Services Officer
(10) Health and Safety Officer
(11) Pension and Benefits Officer
(12) the Chairperson of
Parliamentary Committee
(13) Provincial Councillors
(14) Status of Women Officer.
(B)
The number of Executive offices may be expanded beyond the
minimum number of offices identified above provided that there is such a
requirement under the Provincial Constitution and Bylaws; or, when additional Bylaws are adopted by the
District's General Meeting describing such office and duties, stating that such
officer is a member of the Executive.
(C) Terms and Years
(a)
A year of office in the District and
Bargaining Units shall be from 1 July to 30 June.
(b)
The Officers elected at the Annual
General Meeting shall have a term of office of two years.
(c)
The following offices shall be arranged
for election at the Annual General Meeting:
Even-numbered years: President,
Secretary, Treasurer, District Communications Officer, Provincial Councillors.
Odd-numbered years:
Vice-Presidents, Education Services Officer.
(2)
The
Executive Council may exercise the duties of both an OSSTF Executive and an
OSSTF Council.
ARTICLE 5: BRANCHES
A. Each Bargaining Unit organized by OSSTF in
the jurisdiction of the Board shall be a separate Branch of the District.
B. For each Branch, there shall be a Branch
Executive consisting of at least two Offices in each Branch.
ARTICLE 6: General Meetings
(A) Power and Quorum:
A General Meeting as the supreme
legislative body of the District may perform any lawful act of any body of the
District. The quorum required at a General Meeting is 50 District members.
(B) Annual General Meeting:
There shall be an Annual General
Meeting:
(1) to discuss the business of the
District,
(2) to receive reports, and
(3) to elect Executive members as
determined by the Constitution and By-Laws.
(C) Other General Meetings:
There shall be a General Meeting
at such other times as may be determined by the Executive.
ARTICLE 7: Provincial Organization
(1) There shall be Provincial Councillors as specified in the Provincial Constitution
and Bylaws.
(2)
There shall be Delegates to the
Provincial Assembly of the OSSTF for the Bargaining Units as specified in the Provincial Constitution
and Bylaws.
ARTICLE 8: By-Laws
The District may adopt By-Laws not inconsistent with the
Constitution and By-Laws of the District
and Provincial OSSTF concerning:
(2)
The
management of its property, its funds, and its own internal organization and
administration.
(2) the establishment of special and standing committees, and
(3) all other matters deemed necessary and
convenient for the good and welfare of the members, or of the conduct of the
business of the District.
ARTICLE 9: Amendments of Constitution or
By-Laws
(A) Proposing Amendments With Notice:
(1) Any member of the District proposing an
amendment to the Constitution or By-Laws shall give notice in writing to the
District Secretary with a copy of the proposed amendment.
(2) Within 10 days of receiving the proposed
amendment the District Secretary shall send the information in writing to the
District's President and Parliamentary Committee, and to the Branch
Presidents for notification to the
members.
(3) The vote on the proposed amendment shall occur
at a General Meeting held not less than 30 days from the time the District
Secretary sends the notification outlined in (2) above.
(3)
The vote required for adoption of a
constitutional amendment is a two-thirds vote, and for a By-Law amendment is a
simple majority.
(B) Amendments Without Notice:
Apart from the process in Article
9(A), any proposed amendments at a properly called General Meeting shall require a nine‑tenths vote for
adoption of a constitutional amendment, and three-quarters for adoption of a By-Law
amendment.
(C) Deadline For Dealing With Amendments:
All proposed amendments must be
dealt with no later than the end of the next
General Meeting.
(D) District Executive Council Authority:
In addition to the established
procedure for amending the Constitution and By-Laws at a General Meeting, the
District Executive Council may adopt
amendments by a simple majority vote only under the following conditions:
(1) a recent General Meeting of the District or a
recent meeting of the Provincial Assembly approved a change to Constitutions or
By-Laws; and
(2) such change produced an inconsistency in the
District's Constitution or By-Laws; and
(3) the Parliamentary Committee proposes
supplementary changes which will preserve the intent of the change produced by
the recent action but which will remove the inconsistency.
BY‑LAWS OF DISTRICT
BY-LAW 1: Duties of Members
It shall be the duty of the District members:
(1) to elect at the Annual General Meeting the
officers as required by the Constitution and Bylaws;
(2) to receive and act upon reports and
communications from the OSSTF;
(3) to receive, determine action to be taken, and
act upon reports and communications received from the Executive Council, and
Committees established by the membership;
(4) to consider matters of general interest to
education as they affect the OSSTF;
(5) to adopt By-Laws necessary for the transaction
of any article of the Constitution;
(6) (a) to
use any County Professional Development Day to participate in approved
activities;
(b) to inform their Branch President of their
inability to attend due to illness.
(c) in planning an activity other than the
scheduled Professional Development Day Programme to obtain the approval of the appropriate Branch Executive,
and to inform the Educational Services
Committee of the activity by the requested due date.
BY-LAW 2: Committees
(A) Chairperson: The Chairperson of a District
Committee shall be responsible for:
(1) calling and chairing meetings of the committee;
(2) the functioning of the committee in accordance
with the constitution and By-Laws and the terms of reference set by the
establishing body;
(3) reporting in writing to the Executive Council
and the establishing body the activities, findings, and/or recommendations of
the Committee;
(4) acting as the liaison to other Committees, the
establishing body, Executive Council;
(5) keeping the President informed of the time,
date, and place of each Committee meeting;
(6) supervising the organizing of the Committee.
(B) Standing Committees.
(1) The Standing Committees are CBC and ES.
(2) Standing Committees have an obligation to keep
the membership informed of their activities.
(3) All Standing Committees shall keep accurate
minutes of each meeting of the Committee and a copy of the minutes shall be
sent within 15 days of the meeting to the District's Secretary and President.
(4) The minutes of a Standing Committee shall be
confidential to the Committee and the Executive upon Executive approval.
(5) Should the
District membership wish to reverse a decision established under (4)
above, the membership may do so by a
simple majority vote at a General Meeting.
(6) Each Standing Committee may recommend to the
Executive a candidate for appointment as Chairperson in the case where the
Executive has the responsibility for making an appointment.
(C) Decisions.
The decision to publish findings,
to implement suggested policies, or to embark on courses of action recommended
by a District Committee shall be the responsibility of the establishing body or its designate.
BY-LAW 3: District Executive Council
(A) Meetings.
(1) There shall be an Executive Council meeting at
least three times during the school year.
(2) The Executive Council shall meet:
(a) at the call of the President, or
(b) at the request of three Councillors, who make
their request in writing to the Secretary and Chairperson.
(3) Only members of Council shall have the right
to vote at Council meetings.
(4) A quorum for a Council meeting shall consist
of six members.
(B) Duties.
It shall be the duty of the Executive Council:
(1) to promote within the District the aims and
objectives of the OSSTF;
(2) to meet as required;
(3) to inform the Provincial Executive of any
matters adversely affecting the welfare of the OSSTF or one or more of its
members;
(4) to act as a committee dealing with all areas
of responsibility and ethics within the District;
(5) to act in the name of the District between
General Meetings;
(6) to review annually all District appointments;
(7) to
receive, determine actions to be taken, and act upon reports and communications
from the OTF, OSSTF, Provincial Committees, or District Committees appointed
by the Executive Council, Bargaining Units, and District members;
(8) to
approve the District Budget in Sept or amend the budget of the District at
later meetings;
(9) to
determine the appointments of:
(a) the non‑elected Executive members
according to the Constitution or By-Laws;
(b) the representatives of the District to Board
Committees and/or joint District/Board Committees;
(c) the representatives of the District to other
bodies, but which representatives are not elected by the members of the
District;
(10) to ratify, or censure, the actions of representatives of the District appointed by
the Executive Council;
(11) to adopt Special
Rules when necessary.
BY-LAW 4: Branch Organization.
(A)
Each
Bargaining Unit is a Branch for the District.
(B) Branch Representation.
It shall be the duty of the Branch
President , or their representatives:
(1) to represent the interests
of their Branches;
(2) to act as liaison between the Executive
Council, and the Branch members;
(3) to advise the Executive Council;
(4) to keep their Branch members informed by
holding Branch meetings regularly;
(5) to send one copy of the minutes of Branch
meetings to the District Office within ten days of the meeting;
(6) to discuss all Branch motions concerning
District matters at Executive Council before forwarding these motions to the
Board or its Administration;
(C) Branch Operation.
(1) Each Branch shall have a Constitution, and shall file a copy with the District
Office. It must not conflict with the Constitution and By-Laws of the
District and the Provincial OSSTF.
(2) The minimum number of Offices shall be President
and Vice‑President. Other Offices may be used as necessary by the Branch.
(3) The year of office for the Branch Executive
shall be 1 July to 30 June.
(4) The President of the District shall be an ex‑officio
member of each Branch for all purposes except Collective Bargaining.
BY-LAW 5: Past President.
(A) It shall be the duty of the Past President to
act in an advisory capacity to the President and the Executive.
(B) The retiring President shall be the Past
President at the conclusion of the term of office as President.
BY-LAW 6: President.
(A) Duty:
It shall be the duty of the President:
(1) to act as the official
representative and Chief Executive
Officer of the District;
(2) to be an ex‑officio
member of all District Committees, and Bargaining Units;
(3) to maintain contact with
District work;
(4) to call Executive Council, and
General Meetings;
(a) as such meetings are required
under the Bylaws; or
(b) as the need arises in the
opinion of the President.
(5) to act as the grievance
officer for the District.
(B) Access To Files:
The President of the District has the permission of the District members to have access to any and all files
held by the Board or Work-place administrator pertaining to the salary,
benefits, home addresses, home telephone numbers, and seniority information of
the members of the District.
BY-LAW 7: Vice‑Presidents.
(A) It shall be the duty of a Vice‑President:
(1) to
act in the name of and perform the duties of the President by written
delegation;
(2) to perform other duties as requested by the
President;
(3) to be responsible for Education Finances,
Political Action, and Status of Women.
BY‑LAW 8: Secretary
(A) It shall be the duty of the Secretary:
(1) to record all minutes of Executive Council,
and General Meetings;
(2) to receive and to keep the correspondence, and
to answer it subject to direction by Executive Council or a General Meeting;
(3) to keep all non‑financial records;
(4) to forward as directed by the Executive
Council or a General Meeting representations, recommendations, and resolutions
to the Provincial Office;
(5) to receive and keep the records of all
District Committees and the minutes of Branch meetings at the District Office;
(6) to distribute the appropriate minutes which
indicate those members who are absent to Executive and councillors at least
two weeks in advance of the next regular meeting;
(7) to distribute, at least one week prior to and
not more than one month in advance of the next regularly scheduled General
Meeting, the minutes of the General Meetings for which the minutes have not
been read and confirmed.
(8) to keep a permanent record of the names of the
membership of the District Executive Council, and District Committees,
especially for the presentation of service pins.
BYLAW
9: Treasurer
(A) It shall be the duty of the Treasurer:
(1) to keep records of all monies received and disbursed;
(2) to deposit all monies received in a chartered
bank or financial institution within the geographical boundaries of the
District in the name of the District;
(3) to issue receipts for all monies received when
necessary;
(4) to pay all authorized accounts by cheque in
accordance with such By‑Laws as may established by the District;
(5) to present to the membership at the
Annual General Meeting an audited
report of income and expenses of previous fiscal year and an interim report;
(6) to require receipts, where appropriate, and
statement, in writing, for claims for payment;
(7) to follow the accounting procedures as
recommended by the Provincial Auditor from OSSTF.
BY‑LAW 10: Provincial Councillor
(1) (1) The Provincial Councillors shall be selected according to the
Provincial Constitution and Bylaws. Furthermore, the election for the District
Provincial Councillor shall be held at the Annual General Meeting of the
District. Candidates for the position may be from any bargaining unit of the
District. The person declared elected will be the District Provincial
Councillor. A supplementary election will then be held for the election of the
other Provincial Councillor. The candidates and balloting for this
supplementary election will be restricted to the appropriate group of
bargaining units of which the newly declared District Provincial Councillor is
not a member.
(1)
On
the balloting for the election of District Provincial Councillor, the person
receiving the most votes will be declared elected. If there is a tie for that
first position, then a second ballot will be held. On the second ballot, the
lowest result from the first ballot will identify which candidates will be
dropped from the ballot (unless there were only two candidates). If a tie
results again with only two candidates, then the Chair will flip a coin, with
the first alphabetical surname from the two candidates calling the toss.
(3)
Notwithstanding the above, if there are
only two candidates at the close of nominations, they may agree between
themselves as to which person will be the District Provincial Councillor. However, they also may leave it to the meeting
to make the decision, which may be done by a show of hands if that is agreeable
to the candidates.@
(B) (1) It shall be the duty of
the Provincial Councillor:
(a) to attend the Provincial Assembly and
Provincial Council Meetings;
(b) to disseminate pertinent data from the
Provincial Council to the Executive and the membership;
(c) to carry the concerns of the District to the
Provincial OSSTF as required.
(2) The District
Provincial Councillor shall be the Chairperson of the Assembly
Committee.
(3) The Chairperson of the Assembly Committee
shall conduct training and information sessions for the Delegates and
alternates when deemed necessary by the Committee.
(3)
(1) The Provincial Councillors for the District
shall fill a position of Delegate from the respective bargaining units.
(4)
For purposes of weighted votes at Provincial
Council, the number of votes allocated to the District shall be split as evenly
as possible as whole numbers between the Provincial Councillors, with any
fraction values being apportioned to the District Provincial Councillor.@
BY‑LAW 11: District Communications
Officer.
(A) Duty. It shall be the duty of the DCO:
(1) to work in conjunction with the Executive;
(2) to issue a District newsletter at least six
times during the school year;
(3) to act as chairperson of a Communications
Committee composed of one person from each
Bargaining Unit.
BY‑LAW 12: Educational Services.
(A) The Chairperson shall:
(1) be a member of the Executive;
(2) represent the District on the Professional
Development Advisory Committee and the Professional Development Day Planning
Committee and act as the District's rep in dealing with other affiliates in PD
matters;
(3) submit all PD requests of the Board to the appropriate
Board Committee or person;
(4) call ES meetings on a regular basis;
(5) recommend to Council candidates from the
Educational Services Committee for appointment as the District's
representatives to the Board's Education Committee and Professional Development
Advisory Committee.
(B) The ES Committee shall:
(1) Co‑ordinate Subject Council activities;
(2) assist Bargaining Unit ES officers in organizing PD activity;
(3) establish a county‑wide year‑long
PD programme;
(4) supervise the allocation of District PD monies
and establish criteria for such requests;
(5) act as liaison with sources of funding outside
the District;
(6) advise their respective branch members of
their responsibilities to participate in approved professional activities on
Professional Development Day, either in accordance with the PD Day calendar of
workshops or with the consent of their respective branch executives at least
three weeks prior to PD Day.
(7) consist of the Chairperson and one representative from each Bargaining
Unit.
BY‑LAW 13: Collective Bargaining.
[A]
BARGAINING UNITS:
1. Each Bargaining Unit (herein referred to as
BU) in the District shall have a
Collective Bargaining Committee.
2. The BU Committee shall collect information
from members, prepare the proposed brief, present the proposed brief to the
Board, and negotiate with the Board.
3.a The BU Committee shall select a Chief
Negotiator, subject to the approval of the BU Executive, who shall become the
chairperson of the BU Committee, and be responsible to the BU Executive.
b. The
Chief Negotiator of each Bargaining Unit shall keep its respective committee,
Executive and membership informed of progress. The Chief Negotiator shall also
keep the District CBC Chairperson informed of progress.
[B]
DISTRICT COLLECTIVE BARGAINING:
1. The District Collective Bargaining Committee
shall consist of the Chief Negotiators of each BU, plus the District
Chairperson.
2. CHAIRPERSON
OF THE DISTRICT CBC:
a. The
Chairperson shall:
1.
be appointed by the District Executive
Council, with input from the District Bargaining Committee.
2. be a member of the District Executive as
Chairperson of CBC;
3. be an ex-officio additional member of all BU
committees or teams for collective bargaining purposes, notwithstanding the
above or BU Constitutions;
4. have a one-year term of office from 1 July to
30 June.
b. The
Chairperson shall:
1. keep the District Executive informed of
progress in bargaining with respect to all Bargaining Units in the district;
2. work
in co-operation with the Provincial CBC.
[C] Agreements:
(1) All negotiable concerns which are to be
presented to the Board on behalf of a BU of the District must be presented to
the BU Executive before the respective Collective Bargaining team meets with
the Board Negotiators.
(2) Any tentative agreement on negotiable items is
to be presented to the BU Executive prior to the BU General Meeting for
possible recommendations to the membership.
(3) Any tentative agreement on negotiable items is
to be presented to the membership for a ratification vote within fifteen working
days for that BU of the tentative agreement.
(4) Before a ratification vote is taken:
(a) the proposed Collective Agreement must be in
the hands of the membership for at least 24 hours, or
(b) at least a 20 minute time period at the
General Meeting must be set aside to allow for a complete reading of the
proposed Collective Agreement.
(5) Ratification of a Collective Agreement for a
BU requires the approval at a General Meeting of that BU of a majority of those
present, eligible to vote, and voting. The vote shall be by secret ballot.
[D] Resumption by the
Provincial OSSTF
In a Resumption by the Provincial
OSSTF of Collective Bargaining for a BU by the Provincial Executive of OSSTF,
the membership of a BU of the District
may approve the terms of a Memorandum of Agreement between the District
and the Province. This Memorandum of Agreement may contain clauses conflicting
with the Constitution, By‑Laws, Policy, or Special Rules of the
District or the Bargaining Unit, and
such Memorandum of Agreement shall take precedence over the above documents
with respect to Collective Bargaining for the duration of any such Resumption
by the Provincial OSSTF.
BY‑LAW 14: Pension and Benefits
Information.
The Pension and Benefits
Information Officer shall:
(1) be a member of the Executive;
(2) be appointed:
(a) by the Executive subject to the approval of
the Council;
(b) for a two
year term of office;
(3) prepare, distribute at Executive Council, and
maintain an outline of OSSTF benefits and savings programmes available to all
members and make available all forms related to these;
(4) organize and conduct a retirement security
workshop at his discretion or at Council's request;
(5) offer counsel to members on the various OSSTF
benefits programmes and the procedures involved;
(6) maintain a record of enquiries;
(7) be Chairperson of a District Pension and
Benefits Committee composed of one representative from each Bargaining Unit;
(8) act as liaison with the District and
Provincial Committees and Superannuated teachers regarding benefits and with
the administrators of pension plans established for OSSTF members.
BY‑LAW 15: Parliamentary Committee.
(A) The Chairperson shall:
(1) be a voting member of the Executive Council,
with the right to vote only with regard to the purposes of tie votes under the
Provincial Rules of Order; and shall
count for quorum purposes at Executive
Council meetings;
(2) be appointed:
(a)
for a term of office of two years;
(b)
by the Executive.
(3) be the Chairperson of all Executive
Council and General Meetings, or shall
appoint a designate to chair such meetings.
(B) The Committee shall:
(1) be composed of the chairperson and at least
one other member, each such member having a term of office of not more than two
years;
(2) be non‑voting members of Council, except
as specified in (A);
(3) become familiar with and knowledgeable of
parliamentary rules of order and the District's Constitution, By‑Laws,
and any Policies and Special Rules;
(4) have at least one member at each Executive
Council and General Meeting;
(5) advise the Executive Council and General
Meeting on proper parliamentary procedures;
(6) interpret the Constitution, By‑Laws,
Policies, and Special Rules of the District as required;
(7) review the Constitution, By‑Laws,
Policies, and Special Rules, and proposed amendments thereto.
BY‑LAW
16: Provincial Assembly.
(A) Delegates and Alternates:
Delegates and alternates to the
Provincial Assembly shall:
(1) be elected at a General Meeting of the
Bargaining Unit, called for such election, prior to the Provincial Assembly
which they will be attending, and have a one‑year term of office from 1
July to 30 June;
(2) attend the Assembly;
(3) constitute the District's Assembly Committee;
(4) resign if they find their attendance at full
Assembly is not possible so that a replacement may be appointed.
(B) Alternate's
Duties.
It is the duty of the alternates:
(1) to be in the Assembly hall during meetings to
replace the District Delegates as necessary;
(2) to act as a District representative as
assigned by the Committee Chairperson.
(C) Election of Delegates and
Alternates.
(1) The election of Delegates and Alternates will
be held by having each voting member cast one vote for up to each of the
expected allowed number of Delegates.
(2) The returns list for the position of Delegates
and Alternates shall be filed with the District Office in order of vote count.
(3) The number of candidates will be identified on
the returns list in order of preference, and filed with the District Office.
The final list will be identified after the General Secretary of OSSTF has
published the allowed number of Delegates and Alternates for each Bargaining
Unit.
(4) OLRA Alternate selection shall be decided by
lot at Executive Council such that each bargaining unit has a chance for
increased representation on a rotating basis.
(D) Vacancies for Delegates and Alternates
(1) When a vacancy occurs in the position of
Delegates or Alternates then the position shall be filled by a person according
to the order on the returns list of the vote count at the previous General
Meeting for election for those offices, subject to the person's consent.
(2) If there are no names on the returns list
after the allowed number of Delegates and Alternates, or if there are no
persons consenting to be appointed to fill the vacancy, then the position will
be advertised if time permits.
(3) In cases of emergency not covered by (1) or
(2), the Bargaining Unit President (s)
may appoint replacement candidates, in consultation with the District
Delegation leader.
BY‑LAW 17: General Meetings.
(A) Convening.
(1) All General Meetings shall be held in a
central geographical location unless
otherwise approved by a two‑thirds vote at Executive Council.
(2) To be a properly called meeting:
(a) Branch Representatives must receive the notice
from the District Secretary at least two full school days before the meeting is
to be held, and
(b) the notice must state the time and place and
exact purpose of the General Meeting.
(3) A General Meeting must be called upon the receipt
by the Secretary of a written petition signed by at least fifty (50) members of
the District representing at least
three Bargaining Units. The General Meeting shall be set for a date within 15
school days after the Secretary has received the required number of signatures.
If the signatures appear on more than one petition, then the required number of
signatures must be received by the Secretary within 14 calendar days of the
receipt of the first such petition.
(B) Secret Ballots
1. When a secret ballot is to be taken, the
Executive shall provide ballots, voting stations, and poll clerks.
2. Members receiving ballots might be required
to verify their membership in the District and their right to vote.
3. The Executive shall appoint members to count
the ballots and to report to the presiding officer.
BYLAW 18: DISTRICT LEVY
1. The Annual General Meeting shall be deemed to
be a combined General Meeting of all Bargaining Units for the purpose of
approving a Levy for each member of a Bargaining Unit to pay for the cost of
District members on Federation Leave to staff the District Office and
secretarial time as required for the District Office.
2. The
Levy will be based on a report and recommendation from the District Treasurer.
3. The
recommended amounts will be sufficient to pay, in appropriate pro-rated
percentage Factor form, for both the cost of release time of members on
Federation Leave for District service and secretarial time for the District
Office. Such amounts will be set after all the surplus of the Levy account from
the previous year is included and the projected rebate from the Employment
Insurance is considered in the calculations.
4. The
Levy will be deducted from each member's first paycheque in each school year.
5. The
Levy deduction amount will be included on the T4 slips with the OTF or Union
deductions in the year in which the deduction is made.
BY‑LAW 19: Vacancy In Office.
A vacancy during the term of
office shall be filled by a member appointed by the Executive.
BY‑LAW 20: Removal From Office.
An elected or appointed District
or Branch Officer may be removed from office for just cause before the normal
expiration of the term of office by the body which elected or appointed the
officer.
BY‑LAW 21: District Finances
(A) Finance Committee: The Finance Committee shall:
(1) be composed of at least the Treasurer and the Treasurers of each of the Bargaining
Units;
(2) have a one-year term of office from 1 July to
30 June;
(3)
have as Chairperson the Treasurer;
(4)
receive and consider requests for the
next year's proposed budget, and prepare a proposed balanced budget, along with
any recommendations;
(5)
consider and report on any financial
matters referred to it by the Executive Council, or a District Committee.
(B) Spending Authorities.
(1) The Treasurer and President are Spending
Authorities.
(2) The Chairperson of a Committee is a Spending
Authority for its expenses.
(3) Any disagreement among Spending Authorities
shall be resolved by motion by the Executive.
(4) By motion, the Executive Council, or a General
Meeting may authorize the expenditure of funds.
(C) Expenses.
(1) Expenses for reimbursement to members must be
supported in writing prior to reimbursement.
(2) Receipts are required for all expenses, where
such receipts are obtainable.
(3) Any expenditures beyond the budget values in
(A) above shall require by motion the prior approval of the Executive Council.
A General Meeting is not bound by the process of the preceding sentence.
(4) All District
mileage rebates will match those of the Provincial OSSTF.
BY‑LAW 22: Policy.
(A) Creating Policy.
Policy statements for the District
may be adopted, amended, or rescinded:
(1) by the general membership at a General Meeting
under the conditions that:
(a) a previous notice of the meeting has been
given by the Secretary;
(b) the content of the proposed policy statement
or action has been given in the notice of the meeting;
(c) the meeting is held not less than 30 days from
the time the Secretary sends the notice of the meeting;
(d) the vote is a majority vote; or
(2) by the Executive Council at a meeting under the conditions that:
(a) a previous notice of at least the previous
Council meeting has been given;
(b) the content of the proposed policy statement
or action has been given in the notice of meeting;
(c) the vote is a two‑thirds vote;
(d) all motions under section (2) shall be
considered interim until ratified or rescinded at the next regularly scheduled
General Meeting notwithstanding part (1) (b) (c).
(3)
Policy Wording.
Policy statements for the District
shall begin with the words "It is the policy of the District that".
BY‑LAW 23: Educational Finance Officer.
It shall be the duty of the
Educational Finance Officer:
(1) to monitor the financial affairs of the Board
and the Ministry of Education;
(2) to advise the CBC on matters of Educational
Finance.
(5)
to
be a liaison with the Provincial Educational Finance Committee.
BY‑LAW 24: Political Action Officer.
It shall be the duty of the
Political Action Officer:
(1) to assist the Provincial Office in political
action initiatives;
(2) to coordinate the political action activities
of the District;
(3) to advise the Executive on political action;
(4) to attend Board meetings.
BY‑LAW 25: Health and Safety Officer
(A) Office: The Health and Safety Officer
shall:
(1) have a two-year term of office;
(2) be appointed by the Executive Council;
(3) be a member of the Executive.
(B) Duties: The Health and Safety Officer
shall:
(1) monitor the Acts and Regulations concerning
Health and Safety and their applications to members of OSSTF;
(2) be a member of the Board's Joint Occupational
Health and Safety Committee;
(3) be responsible to the Executive;
(4) keep the Executive informed of all pertinent
matters dealing with occupational health and safety in the schools;
(5) ensure the fair and equitable implementation
of the Acts and Regulations concerning occupational health and safety as they
pertain to members of OSSTF.
BY‑LAW 26: Awards.
(A) Award of Merit.
(1) Purpose of Award: This award is to be
presented to worthy candidates in recognition of outstanding contributions to
education.
(2) Eligibility:
(a) Members
will be eligible for the Award of Merit if they have been employed by the
Board and have been a member of the
District, for at least one school year (September to June) prior to receiving
the award.
(b) The
number of recipients (if any) of the award shall be at the discretion of the
Reviewing Committee.
(c) The
Reviewing Committee should not be concerned with the Branch/ Bargaining Unit of the candidates.
(3) Criteria: The candidates should be judged upon
their outstanding contribution to education in the following area(s):
(a) Development
of innovative/creative programmes,
(4)
Professional
Contributions,
(5)
Dedication
to excellence in the workplace,
(6)
Contributions
beyond the normal job expectations.
(4) Reviewing Committee: The Reviewing Committee
will consist of all the BU Presidents as of September prior to the
awarding.
(a) The District Executive member assigned this
responsibility will act as Chairperson of the Reviewing Committee.
(b) The Chairperson will set the deadlines and
encourage and solicit nominations through the BU Presidents starting in
January.
(5) Nominations: Nomination forms are available at
the District Office. The nominations should be submitted in writing to the BU
Presidents by the announced deadline and will include a complete and detailed
summary of one or more of the criteria listed in point (3). The final decision
will be made by the Reviewing Committee.
(6) Notification: The chairperson will notify and
congratulate in writing all of the nominees to thank them for their
contribution.
(7) Form and Presentation of the Award:
(a) The award
shall have, or be accompanied by, a suitable inscription . Nomination letters will also be presented to
the recipient.
(b) The Award shall be presented at the
Awards/Retirement Dinner.
(c) The identity of the recipient(s) (if any)
shall not be announced or publicized, other than confidentially informing the
nominees, before the presentation at the Awards/Retirement Dinner.
(d) All nominees shall receive an Excellence In
Education Certificate and pin at the Awards/Retirement Dinner.
(8) Publicity: Full press and staff publicity will
be given to the award and to the recipient(s).
(B) Service Pin .
(1) Any member who serves two years on
District Executive Council or any
Standing Committee will receive a service certificate, but each person will
receive this certificate only once.
(2) Any member who serves four years on
District Executive Council or any
Standing Committee will receive a service pin, but each person will receive
this pin only once.
(3) The names of such persons will be presented to
the Annual General Meeting.
(C) Past President's Pin.
The District President shall
receive an OSSTF Past President's pin upon retirement from the District
President's position.
(D) Silver Fork Award.
(1) A manure fork sprayed silver and mounted on a
wooden plaque will be awarded to the initiator of the year's most outrageous
memo. This award will cost less than
$50.
(2) The District Executive Council will appoint a
Selection Committee which will receive nominations from members of the
District prior to the Annual General Meeting. The Selection Committee shall
select the winning candidate and make a report either to the Annual General
Meeting or at the entertainment scheduled for the evening of such Meeting.
(3)
Nominations
should be submitted to the District President at the District Office.
(E)
Retiring Members.
(1) All Active members of the District who are retiring to pension shall be
honoured at the District=s celebration evening's dinner at
no cost to them or each such member=s guest.
(2) Each retiree will receive a
retirement certificate and pin at the Retirement/Awards Dinner.
BY‑LAW 27: District Officers and
Representatives.
(A) A District Officer shall be any person elected
or appointed by a General Meeting
or the District Executive Council to
represent the District within assigned responsibilities.
A District
Officer shall report to the District Executive and the appointing body.
(2)
Where the District has been invited to send a
District representative to an external body, the selection of that
representative must receive Executive Council approval. Such representatives
may be nominated by committees within
the District.
(C) Unless constrained by the By‑Laws or
specified otherwise at the time of election or appointment the term of office
of a District Representative shall be one year from 1 July to 30 June.
(D) A District Representative shall file a report
with the District Executive and the appointing body for each of their meetings
after each meeting of the body or associated activity.
BY-LAW 28: ORGANIZING NEW MEMBERS OF OSSTF
(A) Categories:
The District may organize only new groups of potential
members:
(1) under the Ontario Labour Relations Act; or
(2) who are members of other Affiliates of OTF in
the publicly-funded secondary school systems within the municipalities of
Wellington County, Dufferin County, and
the City of Guelph.
(B) Process:
When the District is approached by potential members for organization the decision whether or not
to organize such members shall be approved by Executive Council and then a General Meeting called
for that purpose. A resolution to approve such organizing shall require a
simple majority vote.