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CONSTITUTION |
Approved by the BM
I. Mission Statement
1.1 The mission of the APTPUO is to promote and to
protect the rights and privileges of part-time professors teaching on the
campuses of the University of Ottawa. Also, this association will work to
defend and improve the quality of education. The APTPUO will assure
acceptable working relations and conditions for its members. While preserving
its autonomy, the APTPUO will collaborate with other associations sharing
the same ideals and objectives in education.
1.2 Objectives
The objective of the Constitution is to regulate relations
between members of the Association to ensure effective and democratic representation
of the members with the University.
II. Members
2.1 Any person who is engaged or employed by the University
of Ottawa (the Employer), to perform bargaining unit work as defined in the
collective agreement between the Employer and the Association, shall become
a member.
2.2 Any member whose employment terminates may maintain
his or her Membership as member-at-large, for 2 academic years following
the academic year in which he or she was last employed.
2.3 No person otherwise eligible for membership in the
Association shall be admitted to Membership if he or she is excluded for
exercising managerial duties or performing duties of a confidential nature
for the employer, or if he or she has been fined, suspended or expelled by
the Association, until such time as terms of such fine, suspension, or expulsion
have been complied with.
III. Human Rights
3.1 No member shall be subjected to discrimination, interference,
hindrance, harassment, or restriction with regard to the term and condition
of Membership or Membership status on the basis of his or her race,
beliefs, creed, colour, age, ethnic origin, language, nationality, citizenship
status, ancestry, sex, sexual orientation or preference, marital or
parental status, family ties, place of residence, religious or political
beliefs, handicap, physical disability, criminal record, or record of offenses.
family ties, place of residence, religious or political beliefs, handicap,
physical disability, criminal record, or record of offenses.
IV. Bilingualism
4.1 The Association shall conduct its affairs in both
official languages, English and French. All legal documents in both official
languages shall have equal legal force.
V. Freedom of Association
5.1 The Association may decide to merge or affiliate with
an international, national, or provincial union provided that the merger
of affiliation will not result in substantial and/or fundamental changes
in the objectives, methods of operation, and management of the affairs of
the Association.
VI. Administration
6.1 Every governing authority of the Association shall
conduct its affairs and activities in accordance with this Constitution.
6.2 The decisions of any governing authority shall be
executory, and shall remain in effect until such time as the said decisions
are reversed or modified by the same or a higher authority.
6.3 The affairs of the Association shall be managed in
the following manner:
i) By the General Membership Meeting, as the highest
authority of the Association;
ii) By the Board of Directors, exercising the authority
of a General Membership Meeting between meetings;
iii) By the Union Council
VII. General Membership Meeting of
the Association
7.1 The General Membership Meeting shall have the power
to consider any matters brought forward by the Board of Directors, or by
any two members present at the meeting. Without limitation to the following,
the General Membership Meeting shall have the exclusive power:
i) to adopt and amend this Constitution;
ii) to elect members of the Board of Directors and
of the bargaining committee;
iii) to adopt the annual budget and to approve any
special assessment;
d) to decide on affiliation, merger or amalgamation,
and
e) to make any decision necessary to implement the
provisions of this Constitution.
7.2 One annual General Membership Meeting shall be called
in November or December of each fiscal year. The Board of Directors may,
from time to time, call other special General Membership Meetings of the
Association as required, or if requested to do so by at least ten members.
7.3 The Board shall notify members of the date, time,
place and agenda of the General Membership Meeting at least twenty five days
prior to the date of the meeting. The notice of meeting shall be posted
0n a bulletin board outside the Association’s office and on other public
boards of the University. The members may attend and vote at a General Membership
Meeting in person or as otherwise permitted by the Constitution or by-laws.
7.4 Quorum for the legal transaction of business shall
be twenty members present in person or as otherwise permitted by the
Constitution or by-laws.
7.5 No error or omission in giving notice of any General
Membership Meeting shall invalidate the meeting, or make void any proceedings
taken at the meeting.
VIII. Board of Directors
8.1 The Annual General Meeting shall elect seven (7) members
to the Board of Directors, hereafter referred to as the Board, and
two (2) substitutes. A majority of the Directors must be bilingual.
The nomination and election process for a Board position
shall be set out in a by-law.
The responsibilities of the members of the Board shall
be set out in a by-law.
8.2 The Board of Directors shall appoint a President,
a Vice President, a Secretary, a Treasurer and a French and English
grievance officer from among the Directors.
8.3 The Directors may, on behalf of the Association,
exercise all the powers that the Association may legally exercise under
the law or otherwise, unless the Directors are restricted by law or
by this Constitution from exercising those powers.
8.4 Every Director shall be elected by the members at
an annual General Membership Meeting to hold office until the second
annual General Membership Meeting following election to that office
or until a successor to that office has been duly elected.
8.5 The Board shall meet at least twice a year. A majority
of Directors shall constitute a quorum for transaction of business. These
meetings shall be open to all members and publicized in advance in order
to allow members to attend and to raise any concern.
8.6 No error or omission with respect to notice of a meeting
of the Board shall invalidate the meeting, or invalidate or make void any
proceedings taken or entered into at such meeting.
8.7 The Directors shall vote on any matter or motion arising
at any meeting of the Board. Each Director has one vote on any matter to
be decided by vote at any meeting of the Board of Directors. A majority
of votes shall decide the said matter or motion. A declaration by the Secretary
that a resolution has been carried and an entry to that effect in the minutes
shall be admissible in evidence as prima facie proof of the fact, without
proof of the number of proportion of the votes recorded in favour or
against any resolution.
8.8 Meetings of the Board may be held by conference telephone,
or by similar telecommunication, provided that all Directors agree and that
the method permits each Director to hear each other Director. A Director
participating in a meeting by such a method is deemed to be present at the
meeting.
IX. By-Laws
8 The Association may establish by-laws and
policies for its operations and such by-laws and policies
shall be fully consistent with the Constitution and shall in no way contravene
its provisions.
9 The Board of Directors shall create by-laws and
policies.
3 Any member may propose a by-law for
consideration and adoption by the Board of Directors by
submitting a written proposal. These proposals shall be considered at a regular
meeting of the Board of Directors.
4 A by-law requires at least two Board meetings to
be enacted, changed or rescinded. These meetings must
be at least one week apart. At the first meeting, a majority vote of elected
and serving Board members must approve the final wording of the by-law.
At the second meeting, a majority vote of elected and serving Board members
must confirm the same wording of the by-law, which is then binding until
changed according to this procedure.
5 Within a year of their adoption by the Board of
Directors, all new or amended by-laws shall be submitted
at a General Membership Meeting for a vote. Only by-laws approved by the
membership shall remain in effect.
X. Collective Bargaining
10.1 The Annual General Meeting shall elect four (4) members
to the Bargaining Committee plus one substitute, who will become of full
member if the person elected as President of APTPUO was elected to the BargainingCommittee.
If not elected as a member of the Bargaining Committee at the Annual General
Meeting, the person who becomes President of APTPUO shall be ex officio member
of the Bargaining Committee.The nomination and election process for bargaining
committee members shall be set out in a by-law. The committee shall be responsible
for collective bargaining for the Association, in accordance with general
guidelines or specific directions of the members.
10.2 The elected members of the Bargaining Committee shall
elect among themselves a Chief Negotiator, who will be the Chairperson of
the Bargaining Committee.
The Bargaining Committee shall report to the Board and/or
to the members.
10.3 a General Membership Meeting shall be called as soon
as possible to approve any tentative agreement, or to approve any strike
action, or to take any appropriate actions leading to a strike if no agreement
can be reached. The vote shall be by secret ballot.
10.4 Every member must comply with a strike policy as
developed by the Board in the event of a strike. The members shall be informed
of the strike policy before any strike is taken.
10.5 The Association shall maintain an adequate strike
fund to be used to pay normal operating expenses of the Association, as well
as any other expenses related to the strike including a stipend to members
who participate in the strike. (Probably need a strike policy by-law).
XI. Amendments
11.1 Any member may propose any amendment to this Constitution.
The proposed amendment must be submitted in writing, together with written
approvals from five other members supporting the proposed amendment,
to the Board of Directors. The proposed amendment must be received
by the Board of Directors at least 20 days prior to the next General Membership
Meeting. The Board will notify members of the proposed amendment prior to
the next General Membership Meeting. The proposed amendment will require
a majority of the members present at the meeting to be carried.
XII. Indemnification
12.1 The Association shall indemnify, protect and defend
the Directors and employee(s) from and against all other costs, charges and
expenses that he or she sustains or incurs, or about or arising from, or
in relation to the affairs of the Association except those costs, charges,
or expenses thereof as are occasioned by his or her own willful neglect or
default.
XIII. Dues and Assessments
13.1 The income of the Association shall derive from the
dues (and any special assessment), at the rates determined by the Association,
which shall be deducted monthly by the Employer from the salary of
each member and excluded person as defined in Article 2.3. The Employer
shall remit the amount so deducted to the Association by the end of the month
in which the deductions were made and shall at the same time forward a list
of names of the persons from whom the deductions were made and the amount
of each individual deduction. The rates of dues or of any special
assessment shall be determined annually by the General Membership Meeting.
XIV. Assets.
14.1 All assets of the Association shall be considered
a trust fund of the members of the Association to be held and administered
by the Association in accordance with the direction of the members. No claims,
exchanges or payments from those assets, other than those in the ordinary
course of business, shall be allowed without the authorization of the General
Membership Meeting.
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