BYLAWS AND REGULATIONS
OF LOCAL 00048 OF THE UNION OF TAXATION EMPLOYEES
OF THE PUBLIC SERVICE ALLIANCE OF CANADA
Bylaw 1 – Name 2
Bylaw 2 – Aims and Objectives 2
Bylaw 3 – Membership 2
Bylaw 4 – Membership Responsibility 3
Bylaw 5 – Membership Fees 4
Bylaw 6 – Discipline 4
Bylaw 7 – Executive Council 5
Bylaw 8 – Meetings 6
Bylaw 9 – Regulations 6
Bylaw 10 – Amendments 6
Bylaw 11 – Interpretation 7
Bylaw 12 – Dissolution 7
Regulation 1 – Form of Organization 8
Regulation 2 – Duties and Powers of Officers 8
Regulation 3 – Executive Council 9
Regulation 4 – Council of Stewards 11
Regulation 5 – Stewards 11
Regulation 6 – Vacancies 12
Regulation 7 – Property 12
Regulation 8 – Committees 12
Regulation 9 – Audit 13
Regulation 10 – Quorum 13
Regulation 11 – Annual General Meeting 13
Regulation 12 – Special General Meeting 14
Regulation 13 – Voting 14
Regulation 14 – Nominations and Elections 14
Regulation 15 – Rules of Order 15
BYLAW 1 ‑ NAME
The name of this Local shall be "Local 00048" Union of Taxation Employees of the Public Service Alliance of Canada.
This Local is constituted under Bylaw 7 of the Component Bylaws adopted at the Founding Convention of the Taxation Component, November 8th, 1966, held in Ottawa, Ontario.
To unite all members of the Canada Revenue Agency in a single organization capable of acting on their behalf by soliciting the membership of such employees in all classifications and locations
of employment within the Division in the office(s) assigned to the local by UTE
To support fully the P.S.A.C. in the furtherance of its constitutional responsibility for the improvement and protection of wages, salaries and other conditions of employment of all employees of the Federal Government.
To obtain through democratic means for all members the best possible standards of wages, salaries and other conditions of employment, and to protect the interests, rights and privileges of the members.
To subscribe unconditionally to the aims and objects outlined in the Constitution of the P.S.A.C.
BYLAW 3 ‑ MEMBERSHIP
Regular Membership – All regular members of the Union of Taxation Employees assigned to this local by the National Executive Council shall be members of this local.
Associate Membership ‑ This Local may retain as associate members, persons described in the Public Service Staff Relations Act as persons employed in a managerial capacity, or designated employees; persons whose employment with the Agency was terminated by reaching the minimum statutory retirement age, or by ill health when such is certified by the Agency as the reason for retirement; or who by abolition of position are separated from their employment in the Federal Public Service.
Associate members shall not be eligible to hold office on the Executive Council of this Local and shall not have voice or vote at any meeting of the Local, but may be accorded such privileges of membership as may be provided by these Bylaws.
Honorary Membership (Retired Members) ‑ Through application by this Local, with the approval of the U.T.E., a member who has retired on Superannuation or who has left the service, may be granted Honorary Membership for outstanding services to the Local. Honorary members shall not be required to pay dues and shall not be entitled to vote at any meeting or to hold office in the organization, but shall be entitled to all other rights and privileges of membership in this Local.
Honorary Membership (Non‑Members) ‑ This Local may, by proposal concurred in by the National Executive of the U.T.E., elect to Honorary Membership in the Local anyone who is deemed to merit such honour and is not eligible for regular membership.
(a) Life Membership ‑ A Life Membership may be proposed by the Local, to the National Executive of the U.T.E., in accordance with Bylaw 3, Section 5, of the U.T.E.'s Bylaws.
(b) Life Members of the Local shall have the right to attend any Annual General Meeting or any Special General Meeting of the Local. With the exception of an Officer of the Local who is a Life Member, they shall have a voice but no vote. No Local dues shall be due on account of a Life Member.
BYLAW 4 ‑ MEMBERSHIP RESPONSIBILITY
Upon being granted membership in this Local and for the term of such membership, each member of this Local is deemed to have agreed to abide by and be bound by the provisions of the Bylaws of the Local and the Bylaws of the U.T.E. and the Constitution of the P.S.A.C.
Each member of this Local is deemed to nominate, constitute and appoint the U.T.E. and the P.S.A.C. as his agents to negotiate with his employer on his behalf in accordance with Bylaw 4, Section 3, of the U.T.E. Bylaws.
BYLAW 5 ‑ MEMBERSHIP FEES
The monthly dues in Local 00048, U.T.E. shall be set at the Regular Annual General Meeting or any Special General meeting called for the purpose.
Dues shall be either paid by Payroll deduction or remitted directly to the Treasurer yearly by cash or cheque before January 31.
The fiscal year of the Local shall be the calendar year.
BYLAW 6 ‑ DISCIPLINE
(a) The Local, at a special meeting, shall have the authority, by resolution passed by a 2/3 majority vote, to suspend or expel from office any Local Officer if it is found through a hearing held at that meeting, at which the Officer has a right to represent themselves or to be represented, that they have contravened any provision of these Bylaws, the Bylaws of the U.T.E. or the Constitution or for cause listed in Section 2 of this Bylaw.
(b) The Local, at a special meeting, shall have the authority, by resolution passed by a 2/3 majority vote, to recommend to the Alliance suspension or expulsion of any member if it is found through a hearing held at that meeting, at which the member has a right to represent themselves or to be represented, that they have contravened any provision of these Bylaws, the Bylaws of the U.T.E. or the Constitution or for cause listed in Section 2 of this Bylaw.
(c) The members of a designated work area shall have the authority to suspend or expel from office their Steward at the request of a majority of such members.
A Local Officer or any member is guilty of an offence against these Bylaws who:
(a) violates any provision of the Public Service Alliance of Canada Constitution, the Bylaws of the Union of Taxation Employees or these Bylaws.
(b) obtaining membership or soliciting members by misrepresentation;
(c) institutes, urges or advocates that a member institute action in a court of law against the Alliance, any of its constituent parts or any of its officers without first exhausting all remedies through appeal within the Alliance or the Union.
(d) other than through proper union channels advocates or attempts to bring about the withdrawal from the Alliance, the Union, or Locals of any member or group of members;
(e) wilfully publishing or circulating false reports or misrepresentation among the members;
(f) works in the interests of a rival organization against the Alliance, the Union or Locals;
(g) slanders, libels or wilfully wrongs an officer or member of the Alliance, the Union or Locals;
(h) uses abusive language or disturbs the peace of any meeting or around any office or meeting place of the Alliance, the Union or Locals;
(i) fraudulently receives or misappropriates any monies due to the Alliance, the Union or Locals;
(j) uses the name of the Local, the UNION OF TAXATION EMPLOYEES or the PUBLIC SERVICE ALLIANCE OF CANADA for the purpose of soliciting funds, advertising and the like of any kind without the consent of the Local or the National Executive of the UNION OF TAXATION EMPLOYEES or PUBLIC SERVICE ALLIANCE OF CANADA respectively;
(k) furnishes without prior authority a list of any information on the membership of the Alliance, the Union or Locals, to any person or persons;
(l) deliberately interferes with an official of the Alliance, the Union or Locals, in the discharge of duties;
(m) engages in any other conduct prejudicial to the good order and discipline of the Alliance, the Union or Locals;
(n) if a non‑designated employee crosses the picket line of his own bargaining group; or
(o) sexually or personally harasses another member.
BYLAW 7 ‑ EXECUTIVE COUNCIL
The officers of the Local shall constitute the Executive Council. In addition, the immediate Past President may sit on the Council for a period of six months after succession having voice but no vote.
Committees may be appointed as required by the Executive Council.
The Executive Council shall provide each member with a copy of the Local Bylaws and Regulations, U.T.E. Bylaws and Regulations and the Constitution of the P.S.A.C. upon request by the member.
Executive Council shall have the authority to deal with matters, power to spend funds, and control business.
BYLAW 8 ‑ MEETINGS
The Annual General Meeting of Local 00048 U.T.E. shall be held in the month of April or May each calendar year.
A Special General Meeting may be called to deal with any problem.
The Annual General Meeting shall be the supreme policy making‑body.
BYLAW 9 ‑ REGULATIONS
Regulations shall cover:
(2) Duties and powers of Officers
(3) Executive Council
(4) Council of Stewards
(11) Annual General Meeting
(12) Special General Meeting
(14) Nominations and Elections
(15) Rules of Order
BYLAW 10 ‑ AMENDMENTS
The Local Executive shall issue written notice of a call for proposed amendments to the Local Bylaws and Regulations and shall post such notice in each work area not later than 45 days prior to the Annual General Meeting.
Subject to the Constitution of P.S.A.C. and subject to the Bylaws of the U.T.E., these Bylaws and Regulations may be amended at any Annual General Meeting of Local 00048 – U.T.E. by a two-thirds majority, or by simple majority if notice of change has been given to Executive Council at least 30 days prior to the date of the Annual General Meeting.
Where the Bylaws and Regulations are amended, they shall be renumbered in an appropriate manner where required.
The Executive Council may adopt, amend or delete such Regulations as it deems necessary and consistent with the Bylaws of the Local provided that such changes are submitted to the first succeeding Annual General Meeting for ratification.
The Council shall notify the membership of all actions that have been taken as a result of Bylaw 10 Section 4, within 30 days of such action.
BYLAW 11 ‑ INTERPRETATION
The terms "Local" and "Local 00048 ‑ U.T.E." as used herein are synonymous.
BYLAW 12 ‑ DISSOLUTION
The Local may be dissolved by a two‑thirds majority of the membership by way of a secret ballot supervised by the National Executive Council.
All assets of the dissolved local immediately become the property of the Union of Taxation Employees.
Members of the dissolved local will be reallocated to another Union of Taxation Employees local by direction of the National President of the National Executive Council.
The Local shall elect from its membership a slate of officers to conduct its affairs, namely:
(a) a President
(b) a Vice President for 5001 Yonge Street location
(c) a Vice President for 25 Sheppard Avenue West location
(d) a Treasurer
(e) an Executive Secretary
(f) a Director for every one hundred and twenty five members or fraction thereof in the office(s) from which the local’s membership is derived. Should membership fall below the required number to support the number of active Directors between election years, the standing Directors will remain in office until attrition reduces the number of Directors to one for every one hundred and twenty five members or fraction thereof, or until the next general election or special election.
At the time of nomination, all officers of the Local under Section 1 must be employed in the Tax Service Office in which they would serve if elected and must be members in good standing.
The officers shall exercise all the powers and perform all the duties vested in them by these Bylaws and Regulations.
The Regional Vice‑President (R.V.P.) shall be included as a member of the Executive Council having voice but no vote.
(a) It shall be the duty of the President at all times to uphold the Bylaws and Regulations of the Local. The President shall preside at all meetings of the Local, shall be, ex‑officio, a member of all committees; chairman of the Executive Council; and, in general shall perform all such duties as are incidental to the office of the President and are properly required.
(b) The President shall preside at all meetings of the Local unless:
(i) The President appoints another Chairperson.
(ii) There is a 50% vote of the Executive Council Members present, at a
particular meeting to elect an alternate Chairperson.
(iii) The meeting is a committee meeting thus having its own chair.
In the absence of the President, one of the Vice-Presidents at the President's discretion shall exercise all of the functions of the President and shall be vested with all their powers.
(a) The treasurer shall keep the accounts of the Local and shall make a report of its financial condition to the Executive Council at its regular monthly meeting. The Treasurer shall also report to the Annual General Meeting; such report to include a Balance Sheet and Statement of Revenue and Expenditure.
(b) All monies of the Local received by the Treasurer shall be deposited to the credit of the Local in a Chartered Bank or Trust Company or Credit Union provided that such institution is regulated by a federal or provincial authority.
(c) The Treasurer is empowered to pay all accounts not exceeding two hundred dollars without prior approval of the Executive Council.
(d) Employment of excess funds shall be recommended by the Treasurer and approved by the Executive Council.
(e) All cheques drawn on the Local bank and trust or credit union accounts shall be signed by the Treasurer and the President. In the absence of the Treasurer or the President, such cheques shall be signed by any two of the President, Treasurer, or a person designated by the Executive Council.
(f) The books and records of the Local shall, at all material times, be kept in a secure location as determined by the Executive Council.
(g) Any group which receives funds for a special or sporting event as a result of an adopted motion of the Executive Council or by an adopted motion at the Annual General Meeting must provide an accounting of revenue and expenses, unless the full amount is repaid. This report and any excess, up to the amount received from the Local, must be submitted to the Treasurer within 3 months from the date of the event for which the funds have been advanced.
(a) The Executive Secretary shall be responsible for taking minutes at all meetings of the Executive Council, and the Steward's Council. The Executive Secretary shall countersign the minutes after they have been signed by the Chairperson.
(b) Be responsible for the taking of a complete record of the proceedings of each Annual General Meeting or Special General Meeting.
(c) Prepare and send notices of all meetings and assume secretarial duties as assigned by the President.
d) In case of absence from a meeting, a provisional secretary shall be appointed by the Chairperson.
REGULATION 3 ‑ EXECUTIVE COUNCIL
The Executive Council shall have control of the business of the Local subject at all times to the direction of the membership at its general meeting.
The Executive Council shall be vested with authority to deal with all matters affecting the policy, business and objectives of the Local; it shall discharge all duties and obligations imposed on it at its general meeting and shall carry on all necessary activities of the Local between general meetings.
The Executive Council shall have the power to spend funds of and for the benefit of the Local in any matter in keeping with these Bylaws and Regulations and motions adopted at the Annual General meeting.
The Executive Council shall recommend to the Annual General meeting or any Special General meeting called for that purpose, the amount of Local dues to be paid by the members.
The Executive Council shall have the power to call into conference or consultation or invite to attend an Executive Council meeting, Annual General meeting or Special General meeting any person, who by reason of experience or general knowledge, may be able to assist the Local in carrying out its objectives.
The Executive Council shall fill vacancies as provided in Regulation 6 and shall appoint delegates to represent the Local at any convention or meeting to which it may send such delegates.
The Executive Council may meet once a month at a time to be specified by the Council. If a simple majority of the Executive Council eligible to vote request a meeting of the Executive Council, the President will call a meeting of the Executive Council within seven days of receiving such written request.
The Executive Council may appoint a Chief Steward whose duties shall include:
(1) Giving direction to all Stewards on all matters relating to complaints, grievances and appeals.
(2) The signing of all members' grievances where the Union will be the representative. In case of absence or for practicality, grievances can be signed by a member of the Executive Council with the President’s approval.
(3) To approve all Steward training courses.
(4) To perform all other duties which the Executive Council deems appropriate.
(5) The Chief Steward will give a written or verbal report at each Executive Council meeting.
The President, the Vice-President(s), the Treasurer and the Executive Secretary shall give a written or verbal monthly activity report at each regularly scheduled Executive Council meeting.
REGULATION 4 ‑ COUNCIL OF STEWARDS
The Stewards Council shall consist of all the non-executive stewards and shall be chaired by the President or, where the nature of the business warrants, by a Vice President or the Chief Steward, as the case may be.
The Stewards Council shall be an advisory body to the Executive Council on matters affecting the policy, business and objectives of the Local subject at all times to the direction of the Executive Council and the membership of the Annual General Meeting.
The Stewards Council may meet quarterly at a time and place to be specified by the Stewards Council or as required.
REGULATION 5 ‑ STEWARDS
Members of the Executive Council shall be deemed to be stewards during their term of office and may be assigned such duties and responsibilities as may advance the needs and objectives of the Local.
The Executive Council may select from the general membership such qualified members in good standing and, by resolution, appoint them to serve as stewards as defined in Section 3 and assign such specific duties and responsibilities as necessary to advance the objectives of the Local.
Non-executive stewards shall serve at the pleasure of the Executive Council for a period of not more than one year ending immediately after the first Executive Council meeting following the Annual General Meeting of the Local. The Executive Council may, by resolution, renew the appointment of any steward at that meeting.
A steward who, in the opinion of the Executive Council, has failed to carry out the duties of their office shall be subject to a disciplinary review hearing. If, at the hearing held by the Executive Council at which the Steward has the right to represent themselves or to be represented, it is found that the Steward has failed to carry out their duties, they shall be subject to discipline which may include removal or suspension from office.
A steward shall be removed from their position upon a 2/3 majority vote of the Executive Council.
REGULATION 6 ‑ VACANCIES
Between elections, an office within the Executive Council will become vacant if the position has not been filled at the time of the Local elections, if the incumbent dies, resigns, is no longer a member in good standing or is removed from office for disciplinary reasons pursuant to Bylaw 6.
An office will also become vacant upon a 50% vote of the Executive Council if the incumbent becomes ineligible to hold office, otherwise becomes unable to discharge the duties of their position, or fails to attend four regularly scheduled monthly meetings of the Executive Council within any twelve month period during the term other than by reason of being absent to discharge duties authorized by the Executive Council.
If a vacancy is determined pursuant to Section 1 or 2 above, notice of the vacancy will be posted among the membership at least 10 working days before the election calling for nominations. The notice will specify the date of the next regularly‑scheduled monthly meeting of the Executive Council by which meeting, any nominations must reach the Executive Council. At that meeting, the Executive Council will vote to fill the vacancy from among those nominated in due form.
Vacancies for the position of Auditors during the period between Annual General meetings shall be filled by appointment of the Executive Council.
Notwithstanding the above sections, should there be a major reorganization of the Local, which reduces the total membership by at least 10%, and which also results in any vacancies of the positions of President, Vice-President(s), Treasurer, or Executive Secretary, these vacancies shall be filled by a Special Election of the general membership, conducted in the style of the General Election, as outlined in Regulation 14.
REGULATION 7 ‑ PROPERTY
Any property held, which is not registered in the name of the Local, shall be held in Trust by a Board of Three Trustees appointed by the Executive Council from its members.
The Executive Council may invest any funds of the Local, not required for current expenses, in the custody of a Chartered Bank, Trust Company or Credit Union.
REGULATION 8 ‑ COMMITTEES
Subject to the approval of the Executive Council, the President is empowered to appoint such committees as are deemed necessary.
The President shall appoint, subject to the approval of the Executive Council, the Chairperson of each committee, and shall collaborate with the Committee Chairperson in selecting the members of the committee. The selected members shall be approved by the Executive Council.
Committees shall meet at the call of their chairperson.
Any committee chairperson, in consultation with the President, may appoint advisory members who may attend and have a voice at their committee meetings, but shall have no vote.
Committees or sub‑committees appointed for the purpose of studying any particular subject shall be deemed to be dissolved upon presentation of their final report.
All committees shall make a written or verbal report on all their activities at each meeting of the Executive Council.
REGULATION 9 ‑ AUDIT
An auditor shall be appointed at least one month before the Annual General meeting. He/she shall audit the Local's accounts and report therein to the members at the Annual General meeting. He/she shall certify the Annual Financial Statements issued by the Treasurer in accordance with Regulation 2, Section 3 (a).
REGULATION 10 ‑ QUORUM
A quorum at all meetings of the Executive Council shall be one half of the local executive entitled to attend.
A quorum at any Special General Meeting or Annual General Meeting shall be 25 members in good standing at the start of the meeting.
No business may be legally transacted at a meeting unless the required quorum is present.
REGULATION 11 ‑ ANNUAL GENERAL MEETING
Subject to Section 1 of Bylaw 8, the Executive Council shall determine the date, time and place of the Annual General Meeting.
Motions presented at the Annual General Meeting which require or direct the expenditure of funds shall require a two‑thirds majority, or a simple majority if notice of such motion was presented to Executive Council at, or prior to, the regularly‑scheduled Executive Council meeting immediately preceding the Annual General Meeting.
REGULATION 12 ‑ SPECIAL GENERAL MEETING
A Special General Meeting may be called by the Executive Council to deal with any special problem if such Special General Meeting is deemed to be in the best interests of the members.
The Executive Council shall call a Special General Meeting on a written request of fifty members of the Local. Such request shall specify in writing the purpose for calling the meeting.
A Special General Meeting shall have power to deal only with the matters specified in the notice of the meeting.
REGULATION 13 ‑ VOTING
The officers of the Local as constituted by Regulation 1, of these regulations shall be elected for a period of three years by secret ballot prior to the Annual General Meeting.
The Executive Council shall appoint a nominations Chairperson and committee of not more than five members of the Local, who shall forfeit the right to be candidates for that election. The duties of the nominations committee shall be:
1) to post notice of the Executive Council offices to be filled;
2) to receive nominations for all offices from members of the Local entitled to vote;
3) to determine the eligibility of such nominees;
4) to request from the nominee a brief history;
5) to publish a list of nominees for each office, including a brief history of each nominee (where submitted) and to place such list in each section of the office;
6) to prepare ballots listing the Executive Offices to be filled;
7) to accept all ballots up to and including the last day for balloting but not thereafter;
8) to tabulate and summarize the ballots after the closing date for balloting and submit the summary, tabulation sheets, and ballots to the Chairperson of the nominations committee;
9) to determine from the summaries, the successful candidates, which shall be based upon the greatest number of votes cast for each candidate. The Chairperson shall announce the results of the election to the membership within one week of the tabulation.
All nominations submitted to the committee shall be in writing, signed by the nominator, and signed by the nominee signifying that the nominee will accept the office and related duties if elected. Nominees cannot self-nominate and the nominator must also be a member in good standing of the local.
The Nomination period shall last for a duration of 21 days and shall close 60 days prior to the Annual General Meeting.
Balloting shall take place over a two-week period and shall be completed at least five weeks prior to the Annual General Meeting.
Each member in good standing is entitled to vote for the office of President, Vice-President(s), Treasurer, Executive Secretary, and Directors as set out in Regulation 1.
Ballots, tabulation sheets and summaries shall be retained until a formal motion for destruction is approved at the Annual General meeting.
No member may run for more than one elected position in the Local.
No person running for Executive Office shall hand out, collect, deliver or count any ballots.
As the first order of business at the Annual General Meeting following their election, the officers shall assume their elected offices. In the event that there is no Annual General Meeting, they shall assume their offices on May 1st.
REGULATION 15 ‑ RULES OF ORDER
The rules of procedure at all meetings of the Local except as specifically provided by these Bylaws and Regulations, shall be according to the Rules of Order for P.S.A.C. meetings published by the Public Service Alliance of Canada.