Constitution Committee – First report

A.1 Amend Article 1, 2, 6, 7, 8, 14, 16, 19, 20, 21, 23, 26, 28, 29, 30, and 31 to read as follows: (changes in bold)

This proposed amendment is H1 in Section H.

The Committee has made the required constitutional language changes to enact this amendment as detailed below.

Submitted by: The Executive Board Moved by: Ly

Seconded by: Proulx

The Committee recommends ACCEPTANCE

Rationale:

As OPSEU/SEFPO strives to be as inclusive and welcoming as possible, a bilingual name change signals that we are serious about welcoming French speaking workers into our Union.

As OPSEU/SEFPO has grown rapidly in the last decade, we have organized more and more French speaking units, making this change necessary. Having a bilingual name helps to ensure that all members feel at home in OPSEU/SEFPO and may encourage other French speaking workplaces to join us.

The committee will change all subsequent references to our union to “the Union” to be consistent throughout our constitution.

Article 1 NAME

1.1 The Union shall be known as the “Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario”.

Article 2 INTERPRETATION AND ABBREVIATIONS

2.1 “Union” means “Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario” and not a subsidiary body.

Article 6 MEMBERSHIP

6.2 A person becomes a Member of the Union if s/he is a Member in good standing of the Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario at the time this Constitution comes into force or if s/he is a Member in good standing of a recognized bargaining unit which, by majority vote of its Members, merges with the Union in accordance with the procedures established in Article 9 of this Constitution.

6.3 d) Not penalized by suspension or expulsion following conviction of a breach of OPSEU’s the Union’s harassment and discrimination or personal harassment policy, provided that in accordance with any applicable laws, no such penalty shall require the employer to discharge such Member from employment.

6.8.6 A shop Steward, Unit Steward, local officer, trustee, delegate, team or committee member who volunteers and is assigned or seconded by the employer from his/her normal workplace to a position outside any OPSEU OPSEU/SEFPO bargaining unit shall not be entitled to continue to carry out the duties or functions of his/her office during the period of assignment or secondment. The Member shall be entitled to retain all other rights as a Member in Good Standing

Retired Members

6.11 A Member in good standing (as defined in Article 6.3), or an employee of the Union, who ceases to be employed in an OPSEU OPSEU/SEFPO bargaining unit and leaves the work force by retiring directly to a pension (including a disability pension) earned in his/her workplace, or retiring from a bargaining unit with no pension plan, is entitled to become and remain a Retired Member on payment of dues of $10.00, provided that the Member or employee is not in the employ of the Union. Retired Members will remain on the Union’s mailing lists for whatever publications they wish to receive. A Retired Member shall have the right to participate, with voice but no vote, in the activities of the Local to which s/he belonged at the time of retirement, or of a more readily accessible Local upon consent of that Local. However, such participation shall not add to the Local’s entitlement to dues rebates or delegates.

Article 7 MEMBERSHIP RIGHTS

7.2.2. A member may be removed from office and/or barred from running for office for a specified term by a two-thirds majority vote of the Executive Board after a finding of a breach of OPSEU’s the Union’s harassment and discrimination or personal harassment policy.

7.2.3 A member will be removed from office and will be barred from running for office if they refuse to return to their OPSEU OPSEU/SEFPO bargaining unit position from

an acting management or excluded management position when required, under authority of the President, to do so.

Article 8 STEWARDS’ RESPONSIBILITIES AND RIGHTS

8.1 d) to enlist support of members of the group in workplace actions and union Union campaigns; and

Article 14 ELECTION AND REMOVAL OF EXECUTIVE BOARD

14.7.2 The Member-elect shall take the following oath during the Convention immediately following his/ her election:

I, , promise that I will uphold and obey the Constitution and duly- authorized policies of the Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario, fulfil the obligations and responsibilities of my office to the best of my ability, and promptly deliver to my successor all monies, records, and other property of the Union in my possession at the close of my term in office.”

Article 16 EXECUTIVE BOARD

Trusteeship

16.10 The Board may suspend from membership in good standing any member who participates in an attempt by another organization to displace OPSEU the Union from its bargaining rights in respect of any bargaining unit it represents. Such suspension shall take place only as a result of a two-thirds majority roll call vote of the Board after the member has had an opportunity to present his/her views to the Board.

Article 19 PROVINCIAL COMMITTEES

19.1 There shall be a Provincial Women’s Committee, composed of one woman Member from each Region, to be elected at the regular biennial Regional election meetings. The function of the Committee shall be to assist in establishing women’s caucuses and committees within the Regions, to develop and promote programs to encourage women to participate in union Union activities, and to increase the awareness and understanding of equality issues throughout the membership.

Article 20 REVENUE

20.1.2 Following a strike or lockout of a bargaining unit or units which causes the Strike Fund to fall below $50 million, the union Union may levy a temporary supplementary dues assessment of 0.2 percentage points. The temporary supplement will be terminated when the Strike Fund reaches $50 million. All money raised through the levy will be directed exclusively to the Strike Fund.

Article 21 DIVISIONS

21.3.1 There shall be a Retired Members’ Division within the Union to bring together Retired Members or their delegates to discuss the particular issues of concern and interest to their members, and to formulate recommendations for action by the union Union, as well as to assist other Retired Members.

21.4.4 A Divisional Council shall have an administrative and technical function, but have no legislative function. It shall have a political function only to the extent that it may formulate positions and policies and promote them within the union Union on matters of concern only to its members. A Divisional Council may adopt and promote any policy not inconsistent with this Constitution or established policy of the union Union.

Article 23 STRIKE AND DEFENCE FUNDS

23.1 The Union shall maintain a Strike Fund, whose assets shall be used only for the following purposes:

for strike pay and expenses related to strikes, lockouts and other work stoppage situations involving OPSEU Union members; and
upon a two-thirds majority roll-call vote of the Executive Board, to make interest-free loans to other striking unions where the Board deems such loans to be in the interests of OPSEU Union

23.2 Notwithstanding Article 23.1, up to 10 million dollars of the assets of the Strike Fund may be encumbered by one or more security interests in order to secure any form of indebtedness of the union Union. The granting of any such encumbrance shall require approval by at least two-thirds of the Executive Board.

23.3 The Union shall maintain a Defence Fund, whose assets shall be used only to defend OPSEU Union Members in situations that raise fundamental challenges to union Union principles, standards and practices, and that require the development of legal and/or lobbying and political campaigns.

Article 26 GENERAL

26.5 By-Law No. 67 of the Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario, formerly the Ontario Public Service Employees Union, formerly the Civil Service Association of Ontario, Inc., is hereby repealed and this Constitution supersedes and replaces By-Law No. 67.

Article 28 CORPORATIONS ACT REQUIREMENTS

28.3 Upon dissolution of the Union as a corporation under the Corporations Act and after payment of all debts, all property and assets shall be distributed to a class of members, hereby established, to be known as and restricted to Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario.

Article 29 BYLAWS FOR LOCAL UNIONS

29.5.3 Secretary

The Secretary shall attend all meetings of the Local and keep Minutes; distribute notices to all members of the Local, as required; answer and/or forward all pertinent correspondence; and forward all pertinent membership information to the appropriate union Union regional office.

29.7.5 Attendance and participation at Local meetings shall be exclusive to the members of that Local, except that others may attend at the invitation of the President or Executive of that Local or by assignment by the President of OPSEU the Union.

29.9.2 All Shop and Unit Stewards shall take the following oath before being allowed to take office. The oath shall be administered at a general membership meeting or at a meeting of the LEC, or by submitting a signed copy, to be read aloud at a general membership meeting:

“I, , promise that I will uphold and obey the Constitution and policies of the Ontario Public Service Employees Union/Syndicat des employés de la fonction publique de l’Ontario and the Bylaws of my Local, work with the Officers of the Local to represent the members, and fulfil the obligations and responsibilities of my elected position as Steward to the best of my ability.”

Article 30 STRIKEBREAKING

30.2.1 The assessment for damages to the union Union for strikebreaking shall be an amount equal to 100 per cent of the strikebreaker’s wages earned during the strike, to a maximum of $10,000 in consideration of the harm to the union Union caused by the strikebreaker’s action.

30.2.2 The strikebreaker will be suspended from membership, removed from any union Union office currently held, and the Member’s name will be recorded on a central public registry. These penalties shall remain in effect until the assessment in Art. 2.1 has either been paid or collected, if necessary through enforcement in civil court.

Article 31 PICKET LINES

31.1 Except where required by law or under an Emergency/Essential Services Agreement, an OPSEU a Union member shall not violate the picket lines and shall not perform the bargaining unit work of other OPSEU Union members who are on strike or locked out.

A.2 Amend Article 29 to read as follows: (changes in bold)

This proposed amendment is H4 in Section H

The Committee has made the required constitutional language changes to enact this amendment as detailed below.

Submitted by: Local 102, and Region 1 Area Council Moved by: Binck

Seconded by: Wakely

The Committee recommends ACCEPTANCE

Rationale:

OPSEU/SEFPO along with all Canadians have a moral obligation to attempt to implement the Truth and Reconciliation Commission (TRC) calls to action. While not specifically called for in the 94 TRC calls to action, public acknowledgments of indigenous territories and lands are acts of reconciliation. The Committee notes that land acknowledgments are not simply an item on a reconciliation check list. Done properly they are opportunities to educate members on the colonial realities of the past and the present.

In consultation with the submitting bodies the Committee has added territorial acknowledgments to the proposed amendment.

29.7.2 The Order of Business at a general membership meeting shall be:

Call to order.
Territory and/or Land Acknowledgement.
Statement of Respect

Renumber the items following in this list.

A3. Amend Article 6, 7, 13, 14, 16, 18, 20, 25, 26, 29 and 30 to read as follows: (changes in bold)

This proposed amendment is H12 in Section H
The Committee has made the required constitutional language changes to enact this amendment as detailed below.
Submitted by: The Executive Board
Moved by: Binck
Seconded by: Ly
The Committee recommends ACCEPTANCE
Rationale: Gender is non-binary. Our constitution must reflect this.
6.1 An employee gainfully employed in the jurisdiction defined in Article 5 becomes a Member of the Union by:

Completing and submitting to the Union a membership application form prescribed by the Union; and
Paying any initiation or membership fee prescribed by Ontario

A person becomes a Member of the Union if they are s/he is a Member in good standing of the Ontario Public Service Employees Union at the time this Constitution comes into force or if s/he is they are a Member in good standing of a recognized bargaining unit which, by majority vote of its Members, merges with the Union in accordance with the procedures established in Article 9 of this Constitution.

6.2 A Member shall remain in good standing provided they are s/he is:

Not more than three months in arrears in payment of dues;
Gainfully employed in a bargaining unit for which the Union holds or seeks recognized bargaining rights;
Not penalized by suspension or expulsion following conviction under Article 30 of the Constitution; and
Not penalized by suspension or expulsion following conviction of a breach of OPSEU’s harassment and discrimination or personal harassment policy, provided that in accordance with any applicable laws, no such penalty shall require the employer to discharge such Member from employment.
Not penalized by suspension under 16.10 of the Constitution.
Not penalized by failure to step down from an acting management or acting excluded management position under Article 6.8.2.

6.3 Notwithstanding the provision of Articles 6.3(b) and 6.4, a Member dismissed or improperly laid off by their his/her employer shall, if a grievance is submitted on the dismissal or lay-off, remain a Member in good standing until the grievance is settled, provided that if the Member wishes to seek or hold office in the Union, they s/he must pay a uniform monthly amount of Union dues, not to exceed $5, to be set by the Executive Board.

6.4 A Shop Steward, Unit Steward, local officer, trustee, delegate, team or committee member who is temporarily assigned (seconded) by the employer from their his/her normal workplace to another workplace within the bargaining unit, and who retains the right to return to their his/her normal workplace, shall be entitled to continue to hold or seek re-election to the Union office or function in their his/her normal workplace during the term of such assignment (secondment), provided they are s/he is willing, able and available to carry out the duties of the Union office or function. Any dispute as to ability or availability shall be decided by the President, with right of appeal to the Executive While occupying such Union office or function, the member shall be ineligible to seek or hold any Union office or function in the other workplace.

6.8.1 A Sshop Steward, Unit Steward, local officer, trustee, delegate, team or committee member who volunteers and is assigned or seconded by the employer from their his/her normal workplace to a position outside any OPSEU bargaining unit shall not be entitled to continue to carry out the duties or functions of their his/her office during the period of assignment or secondment. The Member shall be entitled to retain all other rights as a Member in Good Standing.

6.11 A Member in good standing (as defined in Article 6.3), or an employee of the Union, who ceases to be employed in an OPSEU bargaining unit and leaves the work force by retiring directly to a pension (including a disability pension) earned in their his/her workplace, or retiring from a bargaining unit with no pension plan, is entitled to become and remain a Retired Member on payment of dues of $10.00, provided that the Member or employee is not in the employ of the Union. Retired Members will remain on the Union’s mailing lists for whatever publications they wish to receive. A Retired Member shall have the right to participate, with voice but no vote, in the activities of the Local to which they s/he belonged at the time of retirement, or of a more readily accessible Local upon consent of that Local. However, such participation shall not add to the Local’s entitlement to dues rebates or delegates.

7.1 Every Member in good standing is entitled:

To be represented by the Union;
To be treated with dignity and respect within the Union;
To be free from discrimination, interference, restriction, coercion, harassment, intimidation or disciplinary action exercised or practised by a Member with respect to another Member, both within the Union and in the workplace, by reason of race, colour, age, national or ethnic origin, political or religious affiliation, sex, sexual orientation, family status, marital status, record of offences, physical characteristics or physical or mental disability;
Subject to any qualifications stipulated elsewhere in this Constitution, to be nominated for, and hold, one or more offices in the Union;
To participate in the Union’s business at the Local level, participate in the election of delegates and alternate delegates to Conventions, and vote on the ratification of collective agreements affecting such Member, except where the collective agreement is the result of binding arbitration;
To make a formal presentation to the Board upon receipt of such presentation in writing at Headquarters not less than ten (10) calendar days before the date of the regularly scheduled Board Meeting at which the presentation is to be made, provided always that notice may be waived by majority vote of the Board;
To attend any meeting of the Board, notwithstanding that they s/he may not have a vote at such meeting, except that the Board may meet in closed session for purposes of discussing individual or staff contracts of employment;
To receive a copy of the Constitution of the Union and to be advised of amendments to it, and to receive an up-to-date copy whenever the Constitution is compiled and

13.4 Delegate entitlement to Conventions shall be as follows:

Locals:
- Up to 150 Members – 1 delegate
- 151 to 300 Members – 2 delegates
- 301 to 500 Members – 3 delegates
- 501 to 800 Members – 4 delegates
- 801 to 1100 Members – 5 delegates
- 1101 to 1500 Members – 6 delegates
- 1501 to 1900 Members – 7 delegates
- 1901 to 2300 Members – 8 delegates
- 2301 or more Members – 9 delegates
Each Member of the Executive Board shall be entitled to be a delegate of their his/her Region.
Each Member of a Convention Committee as stipulated under Article 9.1 shall be entitled to be a delegate of their his/her Region.
The Members of the Executive Committee of the Retired Members’ Division, or their alternates, to a maximum of seven (7) persons, shall be entitled to be delegates.
The Members of the Provincial Women’s Committee and the Provincial Human Rights Committee and the Provincial Young Workers Committee and the Provincial Francophone Committee and one Member of the Indigenous Circle per Region, shall be entitled to be delegates.

13.6 Except for delegates under Article 13.4(b), (c), (d) and (e), no person may be a delegate unless they are s/he is a Member in good standing of the Local which elected them him/her as a delegate. No member may be a delegate of more than one Local at the same time or cast more than one vote at a Convention. Honorary Members may not be delegates.

13.11 A Convention shall be governed by the following rules of order (and in any matter not susceptible to regulation by these rules, Robert’s Rules of Order and O. Garfield Jones’ Parliamentary Procedure at a Glance shall be applied):

Before speaking, unless it be on a point of order, a motion for reconsideration or objection to consideration, or a motion for the Orders of the Day, or a question of privilege, a delegate must be recognized by the On being recognized, a delegate shall immediately identify themself himself/herself by name, Local and/or location.
When two or more delegates seek recognition simultaneously, the Chairperson shall decide the order in which they shall be recognized.
No delegate may speak for more than three minutes on any motion and no delegate may speak twice on the same motion until all other delegates who wish to speak on that motion have had an opportunity to do so.
No delegate may interrupt another delegate who has the floor except for the points or motions listed in Rule 1, above.
Any delegate who refuses to take their his/her seat when called upon by the Chairperson to do so may, at the discretion of the Chairperson, be suspended from the remainder of the Convention or any part thereof, and if any delegate persistently engages in unparliamentarily behaviour, the Chairperson shall name them him/her and ask the Convention to impose appropriate sanctions.
The Chairperson may participate in a debate provided they s/he vacates the Chair and does not return until the question has been disposed of.
Any motion, once the debate has begun, becomes the business of the Convention and may be withdrawn or replaced by the mover only if there is no objection or, if there be any objection, only with the consent of the Convention.
Where a motion or resolution may be amended, an amendment, and an amendment to the amendment (i.e. a sub-amendment), shall be in No further sub-amendment shall be in order until the first has been disposed of.
Questions shall normally be decided by a show of hands or other acceptable method. Where reasonable doubt may exist, on demand by at least 20 delegates, another show of hands or equivalent shall be called for. Only then, on demand by at least 20 delegates, shall a counted vote be taken. Abuse of this rule shall be considered unparliamentary behaviour, subject to Rule 5. On a motion, supported by a majority of delegates present and voting, a roll-call vote shall be ordered. The motion for a roll-call vote may be moved at any time prior to the question being called.
A majority or a two-thirds majority in any vote shall be calculated on the basis of delegates present and voting, or casting valid ballots (in the case of written votes).
The Chairperson may vote on any question. In the case of a tie, they s/he may cast the deciding vote. If they s/he does not break the tie, the motion is lost.
A delegate may challenge a decision of the Chairperson. A seconder is required and the issue is not debatable except that the challenger and the Chairperson may each, respectively, state briefly the basis for the challenge and the decision. The Chairperson shall then vacate the Chair and a Vice- Chairperson shall put the question: “Shall the decision of the Chairperson be the decision of this assembly?” A majority vote is required to overturn the decision of the Chairperson.
No delegate who has spoken on a question may move or second referral, the previous question, or any other motion that would have the effect of denying or limiting the right of others to speak on the question.
A motion to adjourn, table, postpone, or otherwise delay may be repeated after progress.
A delegate may move “that the previous question be ” It is not debatable and, if adopted by a two-thirds majority, has the effect of closing debate on only the immediate motion, amendment, or sub-amendment.
Any committee bringing a resolution or report before the Convention shall move adoption, any recommendation of the committee notwithstanding.
Resolutions and reports of committees may not be amended on the floor of the Convention but they may be referred back without instruction, which is not debatable, or with instructions, which is debatable.
A motion to reconsider a question may be made by a delegate who voted with the prevailing side on that This motion must be made during the same or immediately succeeding session of the Convention at which the question was decided and must be supported by a majority.
A notice of motion to reconsider a question may be given by any delegate who voted with the prevailing side and such notice must be given at the same session of the Convention at which the question was decided. The motion to reconsider then stands to be called up at the next session, or within 24 hours. Any delegate may call up the motion, which requires a simple majority vote to be adopted. If not called up within 24 hours, or if final adjournment shall have intervened, the effect of the notice is lost.
When debate begins on the substance of a resolution or constitutional amendment, the Chairperson shall give the opportunity to speak first to a delegate chosen by and from the organization(s) that originated it. If this interrupts the established speaking order, the previous order shall be resumed after the delegate speaks.
The Rules of Order and the Order of Business, once adopted, may be changed only by a two-thirds vote.
Any rule of order and procedure can be temporarily suspended by a two- thirds majority of the delegates registered.

14.1.1 A Member of the Board may be removed from the Board only by a properly convened meeting of the delegates in their his/her Region.

14.5.1 Any Member in a Region may be a candidate for Member of the Executive Board, including Regional Vice-President, even if they are s/he is not a delegate to the Regional meeting provided, however, that their his/her nomination is signed, supported by at least two Members from the Region and submitted to the President at least one week before the scheduled opening of the Regional meeting.
14.7.1 A person elected to the Board shall be known as a Member-elect of the Boardfor the period of time from their his/her election until the adjournment of the next Convention.
14.7.2 The Member-elect shall take the following oath during the Convention immediately following their his/ her election:

I, , promise that I will uphold and obey the Constitution and duly- authorized policies of the Ontario Public Service Employees Union, fulfil the obligations and responsibilities of my office to the best of my ability, and promptly deliver to my successor all monies, records, and other property of the Union in my possession at the close of my term in office.”

Where any Member-elect is not able to take the oath at the Convention, it may be administered by the President at a Board meeting, but such Member-elect shall not be, or act as, a Member of the Board until the oath has been taken. Each Member- elect of the Board shall be required to take the oath, regardless of whether they have s/he has previously served on th