Constitutionof the

National Automobile,Aerospace, Transportation

and General Workers Unionof Canada,

(CAW-Canada)

Adopted atVancouver, British Columbia

August, 2006

Constitutionof the

National Automobile,Aerospace, Transportation

and General Workers Unionof Canada,

(CAW-Canada)

AdoptedVancouver, British Columbia

August, 2006

i

ii

Constitution of the National Automobile,Aerospace, Transportation and General

Workers Union Of Canada,(CAW-Canada)

This Constitution was adopted at the FoundingConvention of the National Union, United Auto-mobile, Aerospace and Agricultural ImplementWorkers of Canada (UAW-Canada) on September4th, 1985 in Toronto, Ontario, and amended at sub-sequent conventions:

Amended Toronto, OntarioJune 9, 1986Name changed to “National Automobile, Aero-space and Agricultural Implement Workers Unionof Canada (CAW-Canada)”

Amended Toronto, OntarioApril 22 - 24, 1987

Amended Ottawa, OntarioNov. 7 - 9, 1988

Amended Halifax, Nova ScotiaSept. 10 - 13, 1991

Amended Quebec City, QuebecAugust 23 - 26, 1994Name changed to “National Automobile, Aero-space, Transportation and General Workers Unionof Canada (CAW-Canada)”

Amended Vancouver, British ColumbiaAugust 11 - 15, 1997

Amended Quebec City, QuebecAugust 21 - 24, 2001

Amended Toronto, OntarioAugust 19 - 22, 2003

Amended Vancouver, British ColumbiaAugust 15 - 18, 2006

Table of ContentsArticle ........................................................................Page

Statement of Principles ..........................................1Preamble ..................................................................3

1 Name ......................................................................42 Objectives ................................................................43 Constitution ............................................................54 National Union Headquarters ..............................55 Jurisdiction ..............................................................66 Membership ............................................................67 National Union Authority ..................................108 Mergers ..................................................................119 Conventions ..........................................................12

10 Political Requirements of Union Officials ........2111 Officers and Elections ..........................................2212 Salaries ..................................................................2613 Duties of the National Executive Board ............2814 Duties of Full-time National Officers ................3415 National Representatives ....................................4016 Fiscal Year..............................................................4117 Initiation Fees and Dues ......................................4118 Honourable Withdrawal Transfer Cards ..........5219 Contracts and Negotiations ................................5520 National Councils ................................................5721 National Departments ........................................5922 Charges and Trials of National Officers ..........6123 Charges Against Members ................................6424 Appeals ................................................................6625 Public Review Board ..........................................7826 CAW and Quebec Councils ..............................8127 Amalgamated Local Unions ..............................8328 Local Union Charters and

Subordinate Bodies ..............................................8529 FFAW-CAW ........................................................90

iii

30 Duties and Powers ofSubordinate Bodies ..............................................92

31 Local Union Building Corporation ..................9432 National Union Building Corporation ............9533 Membership Mailing Lists ................................9534 Local Union Officers ..........................................9535 Installation Ceremony ......................................10336 Duties of Local Union Officers ........................10537 Duties of Local Union Members ......................10938 Opening and Closing Ceremonies ..................11039 Initiation Ceremony ..........................................11040 Local Union Committees ..................................11141 Elected Workplace Representatives ................11242 Local Union Finances ........................................11343 Local Union Dues ..............................................11344 Local Union Audits ..........................................11445 Strikes ..................................................................11746 Family Auxiliaries ............................................12047 Union Label ........................................................12148 Retired Workers ................................................12249 Severability ..........................................................126

Ethical Practices Codes ......................................126Subject Index ......................................................131

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Article Page

STATEMENT OF PRINCIPLES

Working People Need UnionsWe formed our union because we could not de-pend on employers to provide us with dignity, ameasure of security and a rising standard of living.And, over the years, we did make impressivegains. But our objectives remain far from fulfilled,and with even our past gains under attack, weneed unions today as much as we ever did.

Democratic UnionismUnions are voluntary organizations. We can onlybe effective if the membership knows the uniontruly belongs to them. This means a union whichreflects the goals of its membership, allows themembers full participation, and encourages work-ers to develop their own skills and understanding.Internal democracy also means we view each otheras equals. Racial discrimination or sexual harass-ment violate our principles, undermine our soli-darity and erode our strength. We not only opposesuch responses but will actively work to overcomethem.

Unions and a Democratic SocietyIn our society, private corporations control theworkplace and set the framework for all employ-ees. By way of this economic power, they influencethe laws, policies, and ideas of society. Unions arecentral to our society being democratic because:Unions bring a measure of democracy to the placeof work, which is so central to peoples’ lives.Unions act as partial counterweight to corporatepower and the corporate agenda in society moregenerally.

Social UnionismOur collective bargaining strength is based on ourinternal organization and mobilization, but it isalso influenced by the more general climate around

1

us: laws, policies, the economy, and social atti-tudes. Furthermore, our lives extend beyond col-lective bargaining and the workplace and we mustconcern ourselves with issues like housing, taxa-tion, education, medical services, the environment,the international economy.Social unionism means unionism which is rootedin the workplace but understands the importanceof participating in, and influencing, the general di-rection of society.

Building TomorrowUnions were born out of struggles to change thestatus quo. Our successes extended progress be-yond unions themselves, and our struggles becamepart of a social movement for a more human soci-ety here and for peace and justice internationally.These struggles were first steps towards develop-ing the confidence that change is possible and thatour vision is not just a dream.We are proud of the leadership role we haveplayed, aware of the difficulties continued progres-sive change will face, and committed to buildingthe social solidarity that can take on this change.

OrganizingOrganizing is a new priority for the union. It isan act of solidarity, a way to give back and buildstrength in the union and within the workingclass. Organizing is a critical first step in mobiliz-ing workers. Through organizing, individualworkers go beyond the limits of individualismand assert their right to change the terms andconditions of their employment. In collectiveaction they join a movement for social and eco-nomic justice.

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PREAMBLEWe, the members of the National Au-tomobile, Aerospace, Transportationand General Workers Union of Cana-da, (CAW-Canada), have joined to-gether to help one another, to uniteour strength, to win better wages andworking conditions through collectivebargaining and political action, towork for social justice and to con-tribute to world peace.We recognize that human beings arefallible and therefore, like all peoplewho believe in democratic principles,we want a “government of laws, not ofhuman beings.” Therefore this consti-tution exists:To ensure that the National Automo-bile, Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), operates under therule of law according to democraticprinciples; that representatives of theNational Union will carry out their du-ties in a manner befitting the privilegeof representing CAW members andtheir interests; that the responsibilitiesof each part of the National Union’sstructure be clearly described and un-derstood; that each member will beguaranteed due process in any disputewith the National Union, LocalUnions, subordinate bodies, or theirrepresentatives; that the NationalUnion will have the financial capacityto carry out its responsibilities as out-lined in this constitution; and that anyother such matter necessary to the op-erating of a democratic union dedicat-ed to the progress of workers and soci-ety be guided by principles enshrinedin this constitution.

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Pre.

ARTICLE 1Name

This organization is the “NationalAutomobile, Aerospace, Transporta-tion and General Workers Union ofCanada, (CAW-Canada), Syndicat na-tional de l’Automobile, de l’Aerospa-tiale, du Transport et des autres tra-vailleurs et travailleuses du Canada,(TCA-Canada).” In this document it isalso called the National Union.This document is the “Constitutionand Bylaws” of the CAW-Canada. It isalso the constitution of every subordi-nate body.

ARTICLE 2Objectives

Section 1To unite all workers who are under thejurisdiction of CAW-Canada into oneorganization without regard to race,sex, creed, colour, marital status, sexualorientation, disability, political or reli-gious affiliation, or place of nationalorigin. Every member must receiveequal treatment under this constitution.Section 2To protect the interests of our members,keep what we have gained, improveworking conditions and create a uniformsystem of shorter hours and higherwages.Section 3To end occupational injury and diseaseand improve conditions to createhealthy workplaces.Section 4To educate our members in the historyof the labour movement and its role inimproving our society.To help members be aware of worldevents that affect workers.

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ART. 1-2

unite workers

improveworkingconditions

createhealthyworkplaces

To encourage members to take part inpolitical action to promote ideas andcandidates that advance workers’ rights.To work for laws that will make lifebetter for the community.Section 5To work for better economic and socialconditions in Canada and the world.To take part in elections at all levels ofgovernment.Section 6To build and unify the labour move-ment by working with other nationalunions as an affiliate to the CanadianLabour Congress.To provide help, both within Canadaand throughout the world, to labourand other organizations with objec-tives similar to ours.Section 7To organize the unorganized: To ex-tend union support, protections andopportunities to workers.

ARTICLE 3Constitution

This constitution is the highest author-ity governing the National Union, itsLocal Unions, subordinate bodies andpeople elected or appointed to any of-fice in the union. Delegates at a Consti-tutional or Special Convention mayamend this constitution by a majorityvote. This constitution was lastamended in Vancouver, August,2006.

ARTICLE 4National Union Headquarters

The National Union headquarters mustbe in Metropolitan Toronto, Ontario.

5

ART. 2-4

educationand politicalaction

improveeconomicand socialconditions

build andunify thelabourmovement

highestauthorityamend bymajority

ARTICLE 5Jurisdiction

Section 1CAW-Canada has jurisdiction over allemployees and those looking for workin all areas, jobs, industries and work-places where they were represented byand admitted to membership underthe United Auto Workers constitutionand, by virtue of its successorship, bythe CAW and its Locals under thisconstitution. Without limiting the gen-eral nature of these workplaces, andfor greater clarity, these workplaceswere defined and set out in a resolu-tion of the National Executive Boardpassed on July 10, 1987.Section 2The National Executive Board, withouta formal resolution, may decide thatany group of employees is eligible formembership.

ARTICLE 6Membership

Section 1(a) Any person who supports the prin-ciples set out in this constitution’s Pre-amble may apply for membership tothe Local Union that has jurisdictionover his/her workplace. Applicantswill fill out an official application andsign a promise to follow this constitu-tion and rules set by the NationalUnion.Applications go to the Financial Secre-tary. The Local Union will act upon theapplication as soon as possible, but notlater than 60 days from the date theapplication is received.(b) Membership will take effect fromthe first day of the month for whichdues are paid.

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ART. 5-6

over all thosewho wereunder UAWjurisdiction

NEB may adda group

application toLocal Union

60 daysmaximum

date member-ship takeseffectE.g., if dues tocover June arepaid on July 2,the member isin good stand-ing starting onJune 1.

(c) Also, people working for unorga-nized employers or in workplaces notyet under the jurisdiction of a CAW-Canada Local Union may becomemembers of the National Union bysigning an application and paying onedollar toward initiation fees or dues.The amount may be more or less than$1, depending on the provincial or fed-eral laws covering the workplace.These members will automatically be-come members of the Local Unionwhen it receives its charter or is award-ed jurisdiction over the workplace.Section 2The National Union will provide theofficial application forms.The Local Union will keep the originalsigned application. The Local Unionwill give the new member an originalreceipt for all money paid and keep aduplicate. After a Local Union audit,the duplicate receipts may be de-stroyed with written approval fromthe National Secretary-Treasurer.Section 3The National Office must receive amonthly report from the Local UnionFinancial Secretary before it will recordor accept payment for a new member.Section 4The National Union will provide mem-bership cards at no more than costwhen Local Unions request them. LocalUnions must issue membership cardsto their members, using only thosecards provided by the National Union.Section 5A member suspended or expelled as aresult of charges laid against her/himbecomes eligible to be a member in an-other Local Union only after all chargesare settled and it is confirmed inwriting.other Local Union only after all

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ART. 6

becomingmemberduringorganizing

NationalUnion pro-vides formsreceiptsto newmembers

monthlyreport

membershipcards

suspendedmemberapplying toanother local

Section 6No one can hold a membership in morethan one Local Union at the same time,except with the National ExecutiveBoard’s permission. A member who isfully employed in one workplace underCAW-Canada jurisdiction may not ac-cept work in any other workplaceunder its jurisdiction. Any memberdoing so may be charged with conductunbecoming a union member. This doesnot apply where members in an autho-rized strike have written approval fromthe Local Union.Section 7A person who heads a department, di-rects company policy or has the au-thority to hire and fire workers is noteligible for membership. Local Unionswill give withdrawal cards immediate-ly to members who take such a posi-tion. Members promoted to minor po-sitions, where they do not have thepower to discipline, hire and fire em-ployees, may keep their membershipat the discretion of the Local Union.Section 8A National Officer or Representativewhose Local Union ceases to exist mayapply for membership in anotherLocal Union. If accepted by the LocalUnion, the National Officer or Repre-sentative will have been a member ingood standing during the change.Section 9A Local Union may grant a freemembership to a member for the peri-od of her/his incapacity resulting fromaccident or illness.Section 10All members of a Local Union are alsomembers of the National Union and

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ART. 6

membershipin one local

only onefull-time job

membershipfor peoplepromoted atwork

National repchanginglocalmembership

free member-ship duringincapacity

Localmembersalso Nationalmembers

subject to its orders, rulings and deci-sions.Section 11The National Union and the LocalUnion to which the member belongsshall be her/his exclusive representa-tive for:

• collective bargaining in respect torate of pay, wages and hours ofemployment

• negotiating and enforcing con-tracts with employers, includingcontracts that set membership inthe union as a condition of em-ployment and that require theemployer to deduct, collect, orhelp collect any dues or feespayable to the National or LocalUnion from employees’ wages

• acting for the member before aBoard, Court or other Tribunalin any matter affecting her/hisunion membership, employ-ment status or relationship withan employee or the union’s col-lective bargaining status;

• representing the member in set-tling grievances or disputes aris-ing from the employer-employeerelationship.

Decisions resulting from the union’sactions are binding on the member.Section 12(a) A member who retires is entitled to“retired membership status” and doesnot have to pay dues. The retiredmember has all the privileges of mem-bership except the right to vote instrike votes (Art. 45 Sec. 1, 4), ratifica-tions of collective agreements (Art. 19Sec. 3) or in elections for workplacerepresentatives (Art. 41 Sec. 1). In ad-

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ART. 6

unionrepresentsmember forbargaining,beforetribunals,in settlinggrievances

decisionsbind member

retiredmembers

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dition, a retired member cannot runfor local union executive office asdefined in Article 34, Section 3 & 4.The National Union will prepare re-tired member cards and supply themto Local Unions at cost. If the retiredmember returns to work, the regularwithdrawal-transfer method willapply.(b) All full-time National Officers,Local Union Officers, National Execu-tive Board members and NationalRepresentatives must retire from theirposition on the first day of the monthfollowing their 65th birthday. Thisdoes not apply where the law pro-hibits mandatory retirement at age 65or older.Section 13Non-members in a workplace coveredby a CAW-Canada collective agree-ment may become members at anytime under the same terms as anyother member. Non-members receivethe benefits from the collective agree-ment, but they may not take part inthe affairs of the union.Section 14The National Executive Board, by ma-jority vote, may grant honourarymembership status for individualswho are non-members but have per-formed meritorious service on behalfof the members of CAW-Canada. Suchdesignation will not confer any mem-bership rights or privileges as may bedescribed elsewhere in this Constitu-tion.

ARTICLE 7National Union Authority

The members will govern the NationalUnion.

ART. 6-7

officer mustretire at 65

non-members

NationalExecutiveBoard maygranthonourarymembership

(a) The highest authority is theConstitutional Convention. It consistsof delegates democratically elected bythe Local Unions’ members.(b) Between conventions, the NationalExecutive Board is the highest authority.(c) Between National Executive Boardmeetings, the National President hasauthority. S/he is responsible to theNational Executive Board for the ad-ministration of the union. S/he mustact in keeping with the constitution,actions of the Constitutional Conven-tion, and National Executive Board de-cisions. The president consults withthe National Union Officers on im-portant matters and reports her/hisactions to the board for their approval.(d) If the National President isincapacitated, the National Secretary-Treasurer will assume her/his authori-ty and duties.

ARTICLE 8Mergers

Section 1If a majority of National ExecutiveBoard members agree, the NationalExecutive Board may approve a merg-er with another trade union or bringanother union into CAW-Canada, aslong as the action does not affectCAW-Canada’s identity or standing inthe trade union movement.Section 2The National Executive Board will ruleon any question concerning the inter-pretation of this constitution as it ap-plies to merged unions and their for-mer members. The decision is binding.

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ART. 7-8

ConstitutionalConventionhighestauthority

betweenconventions,NEB hasauthority

between NEBmeetings,NationalPresident hasauthority

Secretary-TreasurerreplacesPresident

NEB approvesmergers

NEBinterpretsconstitution

Section 3If the National Executive Board decidesthat a part of this constitution cannot beapplied within a merged union or anew unit, it may dispense with thatpart on terms it deems appropriate.

ARTICLE 9Conventions

Section 1Constitutional Conventions will beheld every three years. The next onewill be held in August, 2009. The Na-tional Executive Board may advance ordelay the convention by two months.Section 2Agenda unless changed by convention:

1. Call to Order2. Report on Credentials3. Reading of Convention Rules4. Appointing Committees5. Resolutions, etc.6. Report of National President7. Report of Secretary-Treasurer8. Reports of Committees9. Nomination and Election of Offi-

cers and National ExecutiveBoard members

10. Unfinished Business11. New Business12. Adjourn

Section 3A quorum is 25 per cent of delegates atconvention. No business can be done ifthere is not a quorum. If there is noquorum on the last day, all unfinishedbusiness will be referred to the Nation-al Executive Board.Section 4No less than 120 days before a Consti-

12

may set asidea part ofconstitution

constitution-al conventionevery threeyears

agenda

quorum is25%unfinishedbusiness toNEB

ART. 9

tutional Convention, the National Sec-retary-Treasurer will issue the Call tothe Convention and duplicate sets ofdelegate and alternate credential formsin contrasting colours.The delegate or alternate will keep theoriginal and the duplicates will be sentto the National Secretary-Treasurer.Credentials will not be accepted in the30 days prior to the beginning of theconvention.Section 5Resolutions and constitutional amend-ments must be sent to the National Sec-retary-Treasurer not later than Twelveweeks prior to the convention. The Na-tional Secretary-Treasurer will give theseto the committee chairs. In order to beconsidered a resolution and/or constitu-tional amendment must have first beenapproved by the sponsoring local unionmembership unless brought forward tothe Convention from the Resolutions orConstitution Committee.Section 6For this article, the number of mem-bers in each Local Union is the averagenumber of monthly per capita taxespaid by the Local Union to the Nation-al Union. The average will be takenover three calendar years before theconvention year.Local Unions or units that have beenin authorized strikes or in lockoutswill subtract the months of the strikesor lockouts in which their membersdid not work 40 or more hours (a nor-mal work week).Section 7To be entitled to representation at aconvention, new Local Unions have tobe affiliated with the National Union

Sec-TreasissuesConventionCall, creden-tials 120 daysbeforecredentialsdue 30 daysbefore

resolutionsdeadline 12weeks before

number ofmembers isaveragenumber oftaxes paidover 3 years

subtract forstrikes

new Localshave to be 3months oldand have

ART. 9

13

for at least three months before theconvention and have paid at least twomonths’ per capita tax. If a local hasexisted since the last convention, it isentitled to its full quota of delegatesbased on the number of months of percapita tax paid since the convention.Local Unions that received their char-ters since the preceding convention areentitled to delegates based on thenumber of per capita taxes paid aver-aged over the number of months sincethe preceding convention.In an Amalgamated Local Union, aunit that has been organized for morethan a year and has received a sepa-rate charter is not considered a newLocal Union.Section 8Each Local Union will have one votefor the first 100 members or less andone vote for each additional 100 mem-bers or major portion of 100.The votes will be divided equallyamong the delegates of a Local Union.An Amalgamated Local Union maydecide how to divide its votes amongthe delegates.The total votes of the units in an Amal-gamated Local must not be more thanthe total the Local Union is entitled toin Section 6.No delegate may have more than eightvotes.Section 9(a) Each Local Union that is not anamalgamated local will have:

• two delegates for the first 500members or less, plus

• one delegate for the next 500members or major portion of 500,plus

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paid 2months’ tax

delegatesbased onnumber ofmonths paid

unit of Amal-gamated get-ting separatecharter not anew local

voteentitlement

Localdelegateentitlement

ART. 9

• one more delegate for each addi-tional 500 members of major por-tion of 500

(b) Each unit of an AmalgamatedLocal Union that averages 200 or moremembers will have delegates as in (a)above. Units with more than 200 mem-bers may elect their own delegates.Units with less than 200 will begrouped and vote together. If a groupof units has less than 200, the NationalSecretary-Treasurer will divide themembers among other units to result inthe maximum number of delegates.(c) In an Amalgamated Union Local,each unit will have a number of dele-gates in proportion to the number of percapita taxes it pays. If the numbers donot divide equally, the remainder will goto the Local Union’s Joint Council, ifthere is one. There one delegate will beelected for each 500 members or majorpart of 500. Any qualified Local Unionmember may be elected by the JointCouncil, if s/he has not accepted a nom-ination in her/his unit.Section 10To be eligible to be a delegate from aLocal Union, the nominee must be amember in good standing of the Na-tional Union for the 12 months preced-ing the first day of the conventionmonth and also be a member of theLocal Union or unit for three monthspreceding the first day of the conven-tion month. The delegate must alsopay his/her dues or have out-of-workreceipts.Also eligible are members of LocalUnions or units that have not been inexistence for 12 months before the con-vention, if they become members notlater than 30 days after the charter isissued.

15

delegates inAmalgamatedLocals

delegatesmust bemembers ingood stand-ing for a yearmember ofLocal for 3monthspaid up

new units

ART. 9

Section 11The following are automatically dele-gates:(a) Members of the CAW-Canada Na-tional Retired Workers Advisory Exec-utive have voice and one vote each(Article 48 Section 5c).(b)The National President, NationalSecretary-Treasurer, Quebec Directorand National Representatives havevoice but no vote unless they are elect-ed delegates from Local Unions.(c) National Executive Board mem-bers, other than the three above, havevoice and one vote each.Section 12A local union cannot order a delegateto vote in a particular fashion at theconvention.Section 13(a) Following the Convention Call,each Local Union will issue a call forthe nomination of delegates.(b) If the Local does not have an elect-ed standing Election Committee, it willelect an Election Committee at a regu-lar or special meeting. At least sevendays notice must be given for the spe-cial meeting. The Election Committeewill administer the details and proce-dures of the election and make sure itis fair.(c) The nomination process may be de-cided by the Local. Nominations fordelegates may be made at the meetingwhere the Election Committee is elect-ed. In any case, at least seven days’ no-tice must be given for nomination.After the close of nominations, a list ofnominees will be available to themembers. Nominees may not bemembers of the Election Committee or

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ART. 9

automaticdelegates:retired advi-sory exec

NationalPresident,National Sec-retary-Trea-surer, Que-bec Director,NationalRepsother NEBmembers

Localcannot binda delegate

Call fordelegatenominations

elected Elec-tion Commit-tee to handledetails ofelection

process fordelegatenominationsdecided byLocal7 days’notice, listavailablenomineescannot beon Election

17

serve as challengers or observers. Onlythose nominated may be elected.(d) There must be at least seven daysbetween the deadline for nominationof delegates and the election. TheLocal Union must notify all membersat least 15 days in advance of thedate, time and place of the election.Polling places must be open forenough time on one or more days togive all members a chance to vote.(e) Delegates must be elected by se-cret ballot. The candidates receivingthe most votes will be elected.(f) If there is a clear violation of thisconstitution or the Local Union’s by-laws in the pre-election procedures,the National President may order acorrection of the violation before theelection. This action may be appealedto the Credentials Committee.Section 14Local Unions may elect alternate del-egates. The number of alternates maybe equal to or less than the number ofdelegates. Local Unions will decidehow an alternate will replace a dele-gate and will inform the CredentialsCommittee. Delegates can be re-placed if they are unable to serve or ifthey are recalled by their Local Unionin the same way they were elected.Section 15(a) All Convention Committees willhave an odd number of members.The National Executive Board willchoose the committees from the cre-dentials of delegates to the conven-tion.(b) The Constitution Committee willmeet at least one week before the con-vention to consider all recommenda-tions submitted by National Officers,

Committee orchallengers15 days’notice of timeand place ofelection

secret ballotplurality vote

NationalPresidentmay ordercorrection

alternates

conventioncommittees

ConstitutionCommittee

ART. 9

tions submitted by National Officers,National Executive Board members orLocal Unions. The committee may alsowrite new amendments.(c) The Credentials Committee willmeet at least one week before the con-vention to examine all credentials re-ceived by National Office.(i) They will investigate the standingof the delegates and their LocalUnions. They will receive the originalcredentials of the delegates attendingthe convention and report at the open-ing of the convention.(ii)The National Secretary-Treasurermust receive protests about delegateelections by the earlier date of notmore than seven days after the elec-tion nor less than 10 days prior to theconvention opening. The National Sec-retary-Treasurer will give the proteststo the Credentials Committee. Thecommittee may waive the deadlines inthe interests of justice.If the Credentials Committee decidesthat a delegate election has been im-proper and that the delegates shouldnot be seated and the National Presi-dent agrees, they may jointly order theelection to be held again before theconvention. A sub-committee of theCredentials Committee will supervisethis election. All notices and time lim-its will be lifted, provided that everyeffort is made to give as much noticeas possible.(iii) If the convention approves the Cre-dentials Committee’s recommendationon the election, the delegates elected inthe new election will be seated.If the convention does not approve thecommittee’s recommendation, the del-egates elected in the original electionwill be seated and the National Union

18

ART. 9

CredentialsCommittee

protestingdelegateelection

re-doingdelegateelections

National topay costs ofnew electionif credentialsreport over-turned

will reimburse the Local Union for thecosts of the second election.(d) A Resolutions Committee will meetat least one week before the conventionto consider resolutions referred to it.The committee may also write new res-olutions.(e) An Election Committee of 13 dele-gates will conduct the election of Na-tional Officers. On the first day of con-vention, the Credentials Committeewill choose 13 delegates by lot fromthose attending the convention toserve as the committee. Delegatesserving on any other convention com-mittee will not be included in thedraw.(f) The National Executive Board maychoose any other committees it needsfor the convention. These committeeswill meet at least two days before theconvention.Section 16(a) The National President will call aSpecial Convention of the NationalUnion when instructed to do so by:

• a two-thirds vote of the NationalExecutive Board. If the Presidentdoes not call the convention, theBoard may name other Boardmembers to do it.

• or a majority referendum vote ofthe National Union members.

Each Local Union will have the sametotal vote as it had at the precedingConstitutional Convention.For a Special Convention, the NationalSecretary-Treasurer will issue the Callnot less than 30 days before the con-vention.(b) When the National Executive Boardhas called the Special Convention,(i) the delegates will be the ones who

19

ART. 9

ResolutionsCommittee

ElectionCommittee

otherconventioncommittees

SpecialConvention

2/3 NEBvote or

majoritymembers

vote forSpecialConvention

SpecialConventionCall

NEB calledSpecialConvention

20

were elected to be delegates to the pre-ceding Constitutional Convention.(ii) If the Special Convention is for col-lective bargaining policies, the LocalUnion membership may decide that theLocal Union President and WorkplaceCommittee chair, if different, or unitchair will be special delegates. Specialdelegates have the right to speak butnot to vote at the convention.(iii) Delegate vacancies will be filledfirst by alternates, where they wereelected to the preceding ConstitutionalConvention. Then, by re-apportioningthe Local Union’s votes among the del-egates, with no delegate having morethan eight votes (Article 9 Section 8).If there are still not enough delegatesand the Special Convention is for col-lective bargaining, vacancies will befilled by the Local Union’s special del-egates. The Local Union President is toprecede the Workplace CommitteeChair. If there are still vacancies, re-maining delegates are to be elected inthe same way as delegates to a Consti-tutional Convention (Section 13 c - e).(c) (i) To call a Special Convention byreferendum, at least 15 Local Unionsfrom five municipalities representing atleast 20 per cent of the NationalUnion’s members (based on precedingconvention) must request the referen-dum in writing. They must state theirreasons for wanting a Special Conven-tion, name the place and date for theconvention and the dates for mailingout and returning referendum ballots.The National President or the NationalExecutive Board’s designate will notifythe Local Unions, giving the reasonsand dates and place for the referendum.The reasons for and against having theSpecial Convention will be sent to a llLocal Unions.

delegates

specialdelegates

fillingdelegatevacancies

process forreferendum

ART. 9

(ii) All Local Unions must hold a secretballot on the referendum. Local Unionelection committees will count the bal-lots and send the result to the NationalSecretary-Treasurer.The National Secretary-Treasurer,within 30 days of the deadline for thereturn of referendum results, will pub-lish the “yes” and “no” vote of eachLocal Union in the Official Publication.A special convention must be held if amajority of all members voting in allLocal Unions votes in favour.(iii) The number of votes for eachLocal Union and the election of dele-gates will be the same as for a Consti-tutional Convention except in apply-ing Section 6 of this article. To deter-mine the average number of monthlyper capita taxes paid by a Local Union,a 24-month period ending with thefourth month before the month of theSpecial Convention will be used in-stead of 36 months.(iv) A Special Convention called byreferendum may consider only thematter stated in the Convention Call.

ARTICLE 10Political Requirements of

Union OfficialsNational Officers, National ExecutiveBoard members, National Representa-tives and Local Union Officers are en-couraged to participate in the politicalprocess at all levels of government bysupporting parties or candidates whohave policies compatible with the ob-jectives of the union.

21

secret ballotin all locals

resultspublished

must haveconvention ifmajority infavourvote anddelegates forSpecialConventionordered byreferendum

can consideronly what’sin call

shouldparticipate inelections

ART. 9-10

ARTICLE 11Officers and Elections

Section 1(a) The 17 National Executive Boardmembers will be

• the National President (full-time)• the National Secretary-Treasurer

(full-time)• the Quebec Director (full-time)• three Trustees• one member-at-large

All the above will be elected by theConstitutional Convention.

• the seven members of the CAWCouncil’s Executive Board

• the President of the QuebecCouncil

• the President of the FFAW/CAW.• the Chairperson of the National

Retired Workers Advisory Execu-tive

(b) The National Officers will be• the National President• the National Secretary-Treasurer• the Quebec Director• the President of the CAW Coun-

cil• the President of the Quebec

Council.Section 2(a) The Constitutional Convention willelect the National President, NationalSecretary-Treasurer, Quebec Directorand three Trustees and one member-at-large by secret ballot. To win, the candi-date must receive a majority of votes.Each delegate’s ballot will be weightedto reflect the voting strength as set outin Article 9, Section 8.(b) In the election of National Presi-

22

ART. 11

NEBmembers

NationalOfficers

weightedsecret ballot

majority towin

dent, National Secretary-Treasurer orthe Quebec Director, one member-at-large, if no one receives a majority onthe first vote, there will be a secondvote between the two candidates withthe highest number of votes.(c) When three Trustees are to be elect-ed and fewer than three candidates re-ceive a majority on the first vote, therewill be a run-off among the candidateswith the highest number of votes. Thenumber of candidates in the run-offwill be equal to twice the number ofpositions still vacant.Section 3To be eligible for election to the postsof National President, National Secre-tary-Treasurer, Quebec Director,Trustee or member-at-large, a membermust have been in continuous goodstanding for one year before the nomi-nation date.Section 4(a) No member is eligible for any posi-tion in the union if s/he participates inany way in any organized workplacerackets such as numbers, book mak-ing, drug trafficking, etc.(b) Anyone engaged in such activitywho accepts a position or nominationis subject to a penalty up to and in-cluding expulsion.(c) The member accused under (b) willbe tried under Articles 22 or 23. If themember resigns from the position orwithdraws her/his nomination, it is notnecessary that the charges be dismissed.(d) If the member is convicted, the po-sition is declared vacant.Section 5(a) No member is eligible for any posi-tion in the union if s/he is trying todecertify the National Union or any

ART. 11

run-offif 2 spots left,4 highestrun, if 1 spotleft, 2 run

member forone year tobe eligible

ineligiblefor illegalactivity

subject toexpulsion

withdrawaldoes notmeanchargesdropped

positionvacant ifconvicted

ineligible ifworking fordecertification

23

24

ART. 11

NEB orPresidentremovememberfrom office ornomination

NEB mustrule onappeal in120 days

positionvacant ifdecisionupheld by2/3 vote

furtherappeal

more actionpossible

resumingoffice afterconvictionoverturned

subordinate body or is helping agroup or union that wants to replaceCAW-Canada as the recognized collec-tive bargaining agent.(b) If, after an investigation, the Na-tional President or the National Execu-tive Board is convinced that a memberhas violated this section, either mayimmediately suspend the memberfrom any position or the right to seek aposition. They will notify the suspend-ed member promptly. The membermay, within 30 days of receiving thenotice, appeal to the National Execu-tive Board under Article 24. The sus-pension will be lifted automatically ifthe National Executive Board does notrule on the appeal within 120 days ofthe member beginning the appeal.(c) If the member does not appeal, or ifthe National Executive Board upholdsthe suspension by a two-thirds vote,the position(s) will be declared vacant.The member will not be eligible tohold any position until the suspensionis lifted by a two-thirds vote of the Na-tional Executive Board.(d) The member may appeal the Na-tional Executive Board decision eitherto the Public Review Board or the Con-vention Appeals Committee.(e) The procedure in this section is inaddition to any other action whichmay be taken against the member.Section 6(a) A member who is removed from aposition as a result of charges againsther/him will resume the positionunder the following conditions:

• the conviction is reversed by anappeal, and

• the person waits to resume the po-sition for 60 days after the reversal.

ART. 11

filling anelectedvacancycaused by aconviction

resumingappointedposition notautomatic

ineligible ifover 65

NationalOfficers’oath of office

term ofoffice

If the Public Review Board reviewsthe reversal and upholds the deci-sion, the person need not wait 60days to resume the position.

(b) If a member convicted of an offenceand removed from an elected positionis appealing, or the National ExecutiveBoard has ordered a review, the vacan-cy may be filled in the normal way.But if the member is restored to theposition, the new person must vacate.(c) A member in an appointed positiondoes not automatically resume the po-sition if acquitted or if the conviction isreversed.Section 7(a) A retired member is not eligible torun for national officer or national ex-ecutive board member.(b) No one age 65 or older is eligible tobe a National Officer, Local Union Of-ficer, National Executive Board mem-ber or National Representative. Thisdoes not apply where the law pro-hibits mandatory retirement at age 65or older or to the Chairperson of theNational Retired Workers AdvisoryExecutive.Section 8National Union Officers will take theoath of office and be installed immedi-ately after they are elected. The oath isthe same as the one for Local UnionOfficers.Section 9(a) The term of office for National Ex-ecutive Board members elected at con-vention starts at their installation andcontinues up to and including the nextConstitutional Convention.(b) The term of office for other NationalExecutive Board members is determinedby the bylaws of the body that electsthem.

25

(c) No term can be longer than threeyears.Section 10(a) If the National President or Nation-al Secretary-Treasurer dies, resigns, oris removed from office, the NationalExecutive must call a Special Conven-tion within 30 days to elect a new one.The office remains vacant if the vacan-cy occurs in the 120 days before a Con-stitutional Convention.(b) If the Quebec Director or a Trusteedies, resigns or is removed from office,the National Executive Board may, bymajority vote, elect a replacement.

ARTICLE 12Salaries

Section 1(a) Yearly salaries for full-time Nation-al Officers, paid biweekly, arePresident $147,662.58Secretary-Treasurer $135,550.74Quebec Director $127,551.58(b) The National President, NationalSecretary-Treasurer and Quebec Direc-tor will give their full time to their du-ties. They must not be an officer of anysubordinate body for more than 90days after their election as a NationalOfficer.Section 2The yearly salary for a National Repre-sentative is $112,827.26, paid biweekly.The National Executive Board will setthe salaries of National Representa-tives acting as professionals or depart-ment heads.

fillingvacanciesNationalPresident orSecretary-Treasurer

NEB electsQuebecDirector ortrustee

full-timeofficersalaries

not be asubordinatebody officerafter 90 days

representativesalaries

ART. 11-12

26

Section 3(a) The salaries of the National Presi-dent, National Secretary-Treasurer,and Quebec Director will be increasedby thirty cents per hour on November27, 2005, thirty cents per hour onNovember 26, 2006 and thirty centsper hour on November 25, 2007.(b) The salaries of the National Repre-sentatives will be increased by thirtycents per hour on November 27, 2005,thirty cents per hour on November26, 2006 and thirty cents per hour onNovember 25, 2007.(c) In addition, the salaries may be ad-justed quarterly for changes in the costof living based on the formula devel-oped by the National Executive Board.Section 4National Executive Board memberswho are not full-time officers of theNational Union will receive a monthlyhonorarium of $600.Section 5The National Executive Board will setthe amounts of expenses and al-lowances for the National Officers, Ex-ecutive Board members and Represen-tatives to use in performing their duties.Section 6Full-time National Officers and Repre-sentatives will receive fringe benefitsas approved by the National ExecutiveBoard.Section 7The National Executive Board will setthe salary, expenses and allowances tobe paid any member, including a tem-porary organizer, performing servicesfor the National Union. The amountwill not be more than that for NationalRepresentatives except if the mem-

increasesfull-timeofficers

increasesNational reps

cost of living

NEBhonourarium

expenses

benefits

pay for mem-ber doing ser-vices forunion

ART. 12

27

ber’s lost time would be greater than aNational Representative’s salary.Section 8When first elected and at the end of theirterm, the National President, Secretary-Treasurer and Quebec Director are enti-tled to travelling and moving expensesfor themselves and their families.Section 9No one who has a paid, full-time job inthe union can hold any other paid po-sition in the union.

ARTICLE 13Duties of the National

Executive BoardSection 1The National Executive Board is thehighest authority of the NationalUnion between conventions. It carriesout the instructions of the convention.It has the power to authorize strikes,issue charters, and take action againsta subordinate body that violates theconstitution.Section 2A National Executive Board memberserves under the general direction ofthe National President, subject to thedecisions of the National ExecutiveBoard.Section 3(a) The National Executive Board willmeet three times a year and hold spe-cial meetings as needed.(b) The National Executive Board willmake decisions by majority vote. Eachmember has one vote.(c) Only a majority of the National Ex-ecutive Board can adjourn a boardmeeting.

movingexpenses

if full-time,cannot holdanother paidposition

authoritybetweenconventionsauthorizesstrikesissuescharters

Presidentgenerallydirects NEBmembers

meetsquarterly

decision bymajority

majority toadjourn NEB

ART. 12-13

28

Section 4Three National Executive Board mem-bers may submit a written request tothe National Secretary-Treasurer for aSpecial Board Meeting. Within 48hours of receiving the request, the Sec-retary-Treasurer will poll the NationalExecutive Board members. If a majori-ty votes in favour, the President willconvene the board within five days. Ifthe President fails to do it, the Secre-tary-Treasurer or a board member as-signed to do it by the National Execu-tive Board will arrange the meeting.Section 5(a) A quorum of the National Execu-tive Board will be two-thirds of itsmembers.(b) If the National President calls aspecial National Executive Boardmeeting, under Sections 8 or 9 of thisarticle or Article 24, Sections 8 or 11, toprotect the interests of a subordinatebody or a group of members, a specialquorum may act on the matter.(i) This special quorum must be notless than five National ExecutiveBoard members, including at least twoNational Officers. Any action requiresthe vote of three-quarters of those pre-sent. The decision will be binding untilthe last day of the next National Exec-utive Board meeting.(ii) All proceedings of the special meet-ing will be reported to the next regularNational Executive Board meeting.The National Executive Board will re-view any decisions, actions or penal-ties imposed by the special meetingand confirm them.

special NEBmeeting

quorum is2/3 NEBmembers

special NEBquorum

specialquorumdecisionsby 75%

proceedingsreported tonext NEBmeeting forconfirmation

ART. 13

29

30

A member or subordinate body dis-agreeing with the actions of the specialboard meeting may file a protest withthe National Executive Board and hasthe right to be heard in person by theBoard.(iii) A member or subordinate bodyhas the right to appeal the decision ofthe special meeting or the regularBoard meeting (Article 24 Sections 9-10) even if s/he did not protest thespecial meeting decision to the full Na-tional Executive Board.Section 6(a) Verbatim minutes will be taken atNational Executive Board meetings.The minutes will be transcribed imme-diately and sent to National ExecutiveBoard members. Any member in goodstanding may inspect a copy of theminutes at the offices of the NationalSecretary-Treasurer or National Execu-tive Board members.(b) There will be an exception when, bya seven-eighths vote, the board decidesit is in the best interest of the NationalUnion to have an informal discussion.The board will take no minutes or for-mal action during this discussion.Section 7The National Executive Board may re-scind, reverse or repeal any action ofany National Officer, Executive Boardmember or Representative.Section 8If conditions inside a subordinatebody threaten its existence, the Nation-al Executive Board may reorganize itby ordering a special election. Theelection will be held within 30 daysafter mailing notice to the subordinatebody’s members. Not more than onespecial election can be held within one

protester toa special quo-rum decisionhas right tobe heard inperson

appeal stillin effect

verbatimminutes

exception by7/8 vote

changedecisionsmade byNationalOfficer, NEBmemberor rep

reorganizesubordinatebody

ART. 13

year in the same subordinate body.The elected officers will continue in of-fice until the special election. Theymay run for re-election.The National Executive Board mayhave two representatives work withthe Local Union Election Committee.This section also applies to units ofAmalgamated Local Unions.Section 9(a) The National Executive Board mayreorganize or disband a subordinatebody, take back its charter, suspendofficer(s) or supervise its affairs underthese conditions:

• to prevent or correct corruption• to fulfill the union’s duties under

a collective agreement or as abargaining agent

• to restore democracy• to make sure the legitimate goals

of the union are carried out.Except in cases of emergency such aswhere the health or safety of a personis endangered or a significant loss ofmoney or property is imminent, theNational Executive Board must con-duct a hearing in order to take actionunder this subsection. In cases ofemergency as above, the National Ex-ecutive Board need not conduct ahearing. In all cases, the National Ex-ecutive Board shall confer, and twothirds of the National ExecutiveBoard must agree with respect to theaction to be taken.(b) The National Executive Board willdesignate a full-time National Officerto be the administrator with completeauthority over the subordinate body.S/he may suspend local officers andmay use staff to help supervise localaffairs.

31

disband,supervisesubordinatebody

full-timeofficerbecomeadministrator

ART. 13

32

(c) Where officers are suspended, newelections will take place within 60 days.If circumstances require it, the NationalExecutive Board may extend the periodfor no more than 120 additional days. Theadministrator is responsible for conduct-ing the election. After the election, the sub-ordinate body will regain its autonomy.(d) Procedures in this section willapply to units of Amalgamated LocalUnions where appropriate.Section 10The National Executive Board will re-peal bylaws of any subordinate bodythat do not conform to this constitution.Section 11Following the Founding Convention theNational Executive Board shall beempowered by a majority vote of itsmembers to amend this constitution inrespect to any matter in order and forthe purpose of complying with any legalrequirements relating to the acceptanceof this constitution and the union’s sta-tus in law as a trade union and bargain-ing agent by any labour tribunal, court,or other legal authority or as advised bylegal counsel to be required by law.Section 12Between conventions, the National Ex-ecutive Board will rule on all appealsabout constitutional interpretationsthat are brought to it by a member orsubordinate body. The board may alsoconsider a decision on an interpreta-tion made by the National President.Section 13The National Executive Board will ruleon appeals against decisions made bysubordinate bodies.Section 14The National Executive Board may dowhatever is needed to work with out-

election to re-place officersin 60 daysmay extendby 120 days ifneeded

repealbylaws

amend con-stitution tocomply withlaw or beaccepted asa union

constitutionalinterpreta-tions

handleappeals

work withoutsideorganizations

ART. 13

33

side organizations to further theunion’s objectives. pSection 15The National Executive Board has thepower to settle disputes between employ-ers and employees, to make contractswith employers and to settle jurisdic-tional disputes between Local Unions.Section 16By two-thirds vote, the National Exec-utive Board may create more depart-ments to carry out the business of theNational Union. It may hire profes-sional specialists who are not unionmembers if none are available withinthe membership.Section 17The National Executive Board may setup an administrative body to handlemembers’ appeals about settling griev-ances arising from collective agree-ments. The decisions of such a bodymay be appealed to the National Exec-utive Board under Article 24 Section 8.Section 18(a) The National Executive Board willmanage and use the National Union’sfunds for the objectives set out in this con-stitution and other purposes it believeswill further the welfare of the members.(b)The National Executive Board willreport on the National Union’s activitiesand its finances to every Local Union.Section 19The National Executive Board willgive financial help, in keeping with theunion’s resources and responsibilities,to members on an authorized strike.Section 20The National Executive Board may usefunds to help Local Unions where theydo not have enough money for neces-

settledisputes

createdepartments

body to han-dle appealson grievances

decisionsappealedunder Art. 24

managefunds

report toLocal Unions

help in astrike

help localsunable to payexpenses

ART. 13

sary expenses. The itemized expensesmust be submitted to the National Ex-ecutive Board.Section 21The National Executive Board will ap-prove the salaries, expenses, allow-ances and benefits for other employeesof the National Union.Section 22The National Executive Board will de-cide how and for how much the LocalUnions’ financial officers and presi-dents will be bonded.Executive Board TrusteesSection 23The National Trustees have a duty tosafeguard all funds and property ofthe National Union. They will choose aChartered Accountant and see that thebooks and accounts of the NationalSecretary-Treasurer are audited twicea year. They will include the auditedstatement in their report to the Nation-al Officers, Executive Board membersand Local Unions as soon as it is done.The Trustees will report twice a yearto the National Executive Board and tothe Constitutional Convention. Theywill make recommendations to im-prove the handling of the NationalUnion’s finances and for safeguardingits assets.

ARTICLE 14DUTIES OF FULL-TIMENATIONAL OFFICERS

National PresidentSection 1The National President will preside atall sessions of the Constitutional Con-vention and the National ExecutiveBoard. The National President will

34

approvesalaries,expenses

bonds

keep allfunds andproperty safe

audit twice ayear

presides atmeetings

ART. 13-14

35

work to protect and advance the inter-ests of the National Union. S/he willreport on her/his activities to the Con-stitutional Convention.Section 2Between sessions of the National Exec-utive Board, the National Presidenthas full authority to direct the workingof this union. The National Presidentwill report on her/his activities to thequarterly meetings of the National Ex-ecutive Board. All her/his actions willbe subject to approval of the board.Section 3The National President will devote allher/his time to the work of the Na-tional Union. S/he will carry out theinstructions of the National ExecutiveBoard and supervise the departmentsof the National Union.Section 4The National President will conveneregular and special sessions of the Na-tional Executive Board.Section 5The National President will rule on alldisputes, including constitutional in-terpretations, except where a specificmethod is outlined in this constitution.All her/his decisions are subject to ap-peal, first to the National ExecutiveBoard and then to the ConstitutionalConvention. Written notice of an ap-peal must be filed with the NationalSecretary-Treasurer and the NationalPresident within 30 days of the deci-sion.Section 6As set out in the constitution or votedby the National Executive Board, theNational President will assign anyelected full-time officer to represent or

advancesinterests ofunionreports toconvention

authoritybetween NEBmeetings

reports toNEB

carriesout NEBinstructions

convene NEB

rule ondisputes andconstitutionalinterpreta-tions

appealdecision in30 days

assign full-time officer

ART. 14

direct the workings of the NationalUnion.Section 7The National President may withdrawan assignment from any elected officeror National Executive Board memberwhen s/he is convinced the officer hasbeen derelict in her/his duty or isguilty of a dishonest act. Such with-drawal of assignment will not suspendthe person’s vote or pay.A person whose assignment is with-drawn may convene a special NationalExecutive Board meeting (Art. 13 Sec.4). If the board upholds the original as-signment, the National President can-not suspend it again.Section 8After proper notification or consulta-tion with officers of subordinate bod-ies involved, the National Presidentmay call special meetings of Councilsor Local Unions to protect the interestsof their members.The National President may delegatethis duty to a National Officer, Nation-al Executive Board member or Nation-al Representative.Section 9The National President, with the ap-proval of the National ExecutiveBoard, may give Local Unions or unitsdispensations for initiation fees, percapita tax or Strike Insurance Funddues if it will add to the growth of orconserve the Union’s interests.Section 10(a) Subject to the approval of the Na-tional Executive Board, the NationalPresident may appoint National Rep-resentatives or temporary organizers.The National President may remove

36

maywithdrawassignment

appealing thewithdrawal

call specialmeetingssubordinatebodies

may delegatethis duty

feedispensations

appoint andremove Rep-resentativesor temporaryorganizers

ART. 14

37

ART. 14

any Representative who is derelict inperforming any duty or is guilty ofany dishonest act, or to conserve the fi-nances of this National Union. Thismust be approved at the next NationalExecutive Board meeting.(b) After submitting recommendationsto the National Executive Board, theNational President may hire legal, tech-nical or professional help as needed.(c) The National President may fill va-cancies in the National Office staff.Section 11During her/his term, the NationalPresident will live in the area of theNational Union headquarters.Section 12(a) To conduct the affairs of the Na-tional Union and in keeping with itsobjectives, the National President orNational Secretary-Treasurer has theauthority to sign, administer and en-force any contract between the Nation-al Union and another party. This doesnot apply to collective bargaining.(b) The National President or NationalSecretary-Treasurer may delegate thisauthority in writing to a National Rep-resentative. Unless the officer revokesit, the authority will be good for the re-mainder of the officer’s term.

National Secretary-TreasurerSection 13The National Secretary-Treasurer willattend all sessions of the Constitution-al Convention and National ExecutiveBoard. S/he will ensure the proceed-ings are recorded.Section 14(a) The National Secretary-Treasurerwill be responsible for keeping all fi-nancial records, documents, and ef

hireprofessionals

fill vacancies

live nearNationalOffice

sign contractsother than inbargaining

may delegate

recordsproceedingsNEB andconventions

keeps allrecords

nancial records, documents, and ef-fects of the National Office, exceptthose belonging to the Office of theNational President.(b) The National Secretary-Treasurerwill keep a complete record of themembership of the National Union.Section 15The National Secretary-Treasurer willbe the custodian of the NationalUnion’s funds.(a) S/he will keep enough money inresponsible bank(s) to meet currentobligations and invest the remainderaccording to procedures and stan-dards set by the National ExecutiveBoard.(b) The National Secretary-Treasurerwill issue receipts for all money paidto the National Union and pay all billsand current expenses, unless other-wise ordered by the National Execu-tive Board. Everything will be paid bycheque, countersigned by the NationalPresident.(c) The National Secretary-Treasurerwill submit to the National ExecutiveBoard a detailed statement of receiptsand disbursements of all money be-longing to the National Union and de-tails of the expenses of each officer,National Executive Board member andemployee.(d) The National Secretary-Treasurerwill give a bond, the amount set by theNational Executive Board and paid forby the National Union, to ensure faith-ful discharge of her/his duties.Section 16When a Local Union fails to report andpay its per capita tax, the National Sec-retary-Treasurer will notify the LocalUnion President and Trustees.

38

keeps recordof members

custodian offunds

invest moneynot needed topay currentbills

issuesreceipts,pays bills

chequescounter-signed byPresident

financialstatements toNEB

bond

tells LocalUnion offailure to pay

ART. 14

Section 17(a) The National Union’s seal carriesthe union’s official name.(b) The National Secretary-Treasurerwill hold the National Union’s seal intrust for the use of the membership.S/he will take the steps necessary toprevent the wrongful use or imitationof the seal or of the National Union’sname. The National Secretary-Treasur-er will also register or copyright theseal, name, label, insignia and anyother property of the National Union.

Quebec DirectorSection 18The Quebec Director, who must be aresident of Quebec, will supervise allorganizational activities within Quebec.Section 19The Quebec Director will attend Que-bec Council meetings and work in co-operation with it.Section 20The Quebec Director will examine allQuebec contracts and submit them tothe National President with her/hisrecommendation, negotiate disputeswith bargaining committees, work forgood labour legislation and for thegeneral welfare of the members.Section 21(a) The Quebec Director will submitquarterly reports on organizational ac-tivity within Quebec to the NationalPresident and to the quarterly meetingof the National Executive Board for itsapproval.(b) The National Executive Board orthe National President may assign theQuebec Director to activities outsideQuebec.

39

union seal

keeps sealand protectsuse of nameand label

supervisewithinQuebec

attendsQuebecCouncil

examineQuebeccontractsnegotiatedisputeswork formemberswelfare

reportsquarterlyto NationalPresidentand NEB

may beassignedoutsideQuebec

ART. 14

Section 22The Quebec Director, with the NationalPresident, the National Secretary-Trea-surer, or the President of the QuebecCouncil, may authorize the filing of anapplication for certification on behalfof the National Union under the Que-bec Labour Code. Then they will reportto the National Executive Board.

ARTICLE 15National Representatives

Section 1The National President must approveand sign appointments of NationalRepresentatives or temporary organiz-ers. They will be countersigned by theNational Secretary-Treasurer and besubject to the approval of the NationalExecutive Board.Section 2National Representatives and tempo-rary organizers work under the juris-diction of the National President andunder the direct supervision of the Na-tional full-time officer to whom theyare assigned.Section 3A National Representative must be amember in continuous good standingof the National Union for one yearprior to his/her appointment. Tempo-rary or part-time organizers must beCAW-Canada members but need nothave been in continuous good stand-ing for one year.Section 4A National Representative or tempo-rary organizer is not eligible to be acandidate for, or to hold, any electedoffice in a Local Union. S/he is eligibleto be a candidate for an elected officein the National Union.

40

applicationfor certifica-tion in Que-bec

signed byPresident,counter-signed bySec-Treas.

report to full-time officer

must bemember

rep not eligi-ble for LocalUnion office,is eligible torun for na-tional office

ART. 14-15

41

But, an elected official may be appoint-ed to act as a part-time National Rep-resentative or temporary organizer forparts of the day, or for full days not toexceed 180 days in a calendar year.Section 5A National Representative may run fora position in a Local Union if s/heleaves the National Union staff at least180 calendar days before the month ofthe election.

ARTICLE 16Fiscal Year

The fiscal year of the National Unionbegins on the first day of January andends on the 31st day of December.

ARTICLE 17Initiation Fees and Dues

Section 1(a) The initiation fee for membershipin a Local Union will be between $10and $20. The Local will set aside $5 ofthe fee in a new member orientationfund, to be spent with the approval ofthe National President.(b) A Local Union may increase its ini-tiation fee within the above limits (a)and the procedures of Article 43, Sec-tions 1 and 2.(c) One dollar of each initiation feemust be sent to the National Secretary-Treasurer.Section 2(a) All dues are payable during thecurrent month to the Financial Secre-tary of the Local Union. Members of aLocal Union, unit or bargaining coun-cil may vote to have their employerdeduct their dues weekly or biweekly(dues check-off). This requires the Na-

electedofficer maybe part-timerep

must haveleft staff 180days beforeelectionmonth

Jan. 1 toDec. 31

initiation$10-$20$5 to newmember ori-entation fund

increasing fee

$1 to National

dues check-off

ART. 15-16-17

tional President’s approval.(b) Effective January, 2002 minimummonthly dues will be equivalent totwo hours 20 minutes straight timepay for all members who work 40hours or more in a month. For thosemembers who work less than 40 hoursin a month the minimum monthlydues will be equivalent to one hourand 10 minutes straight time pay.(i) For members paid by the hour, day,week or month, dues are based on theamount earned per straight-time hourin the last payroll period worked be-fore the dues are payable. It includescost-of-living allowance and any otheramounts normally considered to bepart of regular pay. It excludes shiftpremium.(ii) For members whose earnings vary,dues are based on the average earnedper hour in the last month the memberworked. It includes incentive earnings,cost-of-living allowance, clock houradd-ons and any other amounts nor-mally considered to be part of the reg-ular pay. It excludes shift premium,overtime premium, Saturday, Sundayand holiday premiums.(c) In addition to regular dues, askilled trades member, working in askilled trades classification under theCAW Skilled Trades Program, will payannual dues equivalent to one-halfhour to the Canadian Skilled TradesCouncil.(d) A Local Union or unit may, follow-ing the provisions in Article 43, setdues higher than those in this article.Where these higher dues exist, theywill rise automatically by the sameamount and at the same time as theminimum dues and will continue untilthe Local Union or unit, under Article

42

2 hours 20minutesstraight timeor1 hour 10minutesstraight time

for mostmembers

where earn-ings vary

half hour toSkilledTradesCouncil

Local orunit may sethigher dueshigher duesrise by sameamount asminimum

ART. 17

43, changes them.(e) All members must pay their duesexcept in specific cases described inArticle 14 Section 9 or Section 4 of thisarticle.Section 3(a) If needed for collective bargainingand approved by the National Execu-tive Board, a Local Union, or a Corpora-tion Council and its affiliates, may dou-ble its dues in each of four months pre-ceding the end of the old contract, orfollowing the ratification of a new one.(b) The Local Union must place halfthe doubled monthly dues in trust,until the National Executive Board de-cides whether the additional dues willbe applied to future dues or refundedto each member.Section 4At the request of a Local Union orunit, the National Executive Boardmay make special arrangements aboutthe dues schedules.Section 5(a) A member automatically becomesdelinquent if s/he does not pay duesduring the calendar month when theyare due.(b) Local Unions may notify membersthat they are delinquent. Even if theLocal Union fails to notify the member,s/he is still suspended except wherethe company has failed to paychecked-off dues.(c) Where a member has signed a DuesCheck-Off Authorization Card autho-rizing the company to deduct dues,the member shall be considered tohave paid dues for that month even ifthe company fails to deduct them orfails to pay them to the Local Union.

43

pay dues

double duesfor 4 months

half doubledues in trust

Locals mayask NEB toadjust dues

delinquent ifno dues paid

notification

companyfailing topay doesnot makememberdelinquent

ART. 17

(d) When a company fails to deductdues, the Local Union’s Financial Sec-retary must notify the member. Themember must pay the dues within 30days. If the Financial Secretary fails tonotify the member, s/he is consideredto be in good standing.(e) Members suspended as a result oftheir failure to pay dues while em-ployed in a workplace under the juris-diction of another Local Union fallunder Article 18 Section 4.Section 6A member suspended for not payingdues may reinstate her/himself bypaying a fee. The Local Union will seta uniform reinstatement fee that is

• at least as much as its regular ini-tiation fee, plus

• the dues for each delinquentmonth up to the date of automat-ic suspension or the date of rein-statement, plus

• the current month’s dues.One dollar of each reinstatement fee issent to the National Secretary-Treasurer.Section 7(a) A member is considered to be ingood standing and does not have topay dues if during a calendar months/he did not work and did not receivebenefits in lieu of work.(b) Benefits in lieu of work includeSupplemental Unemployment Benefitsor an equivalent lay-off benefit, vaca-tion pay, holiday pay, jury duty pay,bereavement pay and paid absence al-lowance. They do not include pensionbenefits, sick and accident benefits, orWorkers’ Compensation or in the caseof a workplace closure severance pay.ber receives Supplemental Unemploy

44

Local tellsmember topay

while in an-other local’sjurisdiction

reinstatementfee

$1 to national

exempt fromduesnormal workweek defini-tion: a workweek is thenumber ofstraight-timehours a per-son worksduring oneweek, as out-lined in theworkplacecontract

ART. 17

(c) If, within a calendar month, a mem-ber receives Supplemental Unemploy-ment Benefits or equivalent of at least50 per cent of her/his gross pay for anormal work week less statutory de-ductions, then the member’s dues willbe one hour straight-time pay.(d) To remain in good standing or re-ceive an honourable withdrawal trans-fer card the member will report imme-diately to the Local Union’s FinancialSecretary any other employment s/hemay get during the layoff, absence, ordischarge.A member not covered by check-offwill notify the Financial Secretary of areturn to work.Section 8(a) A member remains in good stand-ing without paying dues for the periodof a layoff or leave only for as long ass/he has recall rights as provided forin their respective collective agreementprovided s/he follows the proceduresset out above and does not get an hon-ourable withdrawal transfer card.At the end of the period described inthe above sections of this article, theLocal Union’s records will automati-cally note that the member was issuedan honourable withdrawal transfercard.(b) Any member whose workplacecloses shall automatically be consid-ered to have been issued an hon-ourable withdrawal transfer card. Anymember who receives severance payas a result of a workplace closure isalso considered to have been issued anhonourable withdrawal transfer card.(c) The exception to section 8 (b)above shall be, if a member is a fulltime officer of the Local Union and as

45

benefits inlieu of work

dues formembers get-ting benefits

return ornew job

Member ingoodstanding

honourablewithdrawalwithworkplaceclosure

exceptionsforfull timeofficers

ART. 17

such pays dues to the Local Union. Insuch cases S/he shall be considered amember in good standing only for aslong as s/he remains a fulltime Officerof the Local Union. S/he shall then beissued an honourable withdrawaltransfer card.Section 9Any member becoming out-of-workbecause of illness or injury remains ingood standing for the period of illnessor injury. The member must provideproof of illness or injury. This does notapply to employees who receivesalaries equivalent to 40 hours’ pay(one work week) within a calendarmonth.Section 10A member is entitled to a refund ifs/he has paid dues by check-off for amonth for which s/he is exempt. Themember must claim the refund in per-son or in writing from the LocalUnion’s Financial Secretary within twomonths after the month when the pay-ment was made. An exempted mem-ber who has paid dues in advanceother than by check-off will be givencredit for future dues when s/he re-turns to work.Section 11(a) The Local Union will use a receiptbook or register and an official receiptfurnished by the National Union. Allreceipts are to be made out in dupli-cate, the original going to the member.The Local Union will keep the dupli-cate and make it available to the Na-tional Union. The National Secretary-Treasurer may order that the dupli-cates be destroyed when they are nolonger needed.(b) This does not apply to Local Unions

46

ill membersget out-of-work credits

refund ofdues

receipts

cheque stubs

ART. 17

47

covered by check-off arrangements, ifthe company clearly shows on eachcheque stub or pay envelope theamount of the deduction and the rea-son for it.Section 12From each monthly dues payment,Local Unions will set aside funds tocarry out programs set by NationalUnion policy:

• 10 cents for a Political EducationFund to encourage members toparticipate in political life tostrengthen democracy

• 10 cents for a fund for education-al programs

• two cents as a fund for leisure ac-tivities

• one cent for a Retired WorkersFund for programs that benefitretired workers, in conjunctionwith existing community groups

• two cents for a Women’s Com-mittee Fund for activities that ad-vance the issues of women in theunion and community

• two cents for a Human RightsFund to support human rights is-sues in the union and community.

Section 13(a) Each Local Union will keep 41 percent of the member’s dues and send 59per cent to the National Secretary-Treasurer as the per capita tax. TheNational Secretary-Treasurer will allo-cate the per capita tax as follows: 36per cent to the National Union generalfund, three per cent to the NationalUnion Education Fund, two percent tothe Organizing Fund and 18 per centto the National Union Strike InsuranceFund, for a total of 59 per cent.

dues setaside forspecific funds

59% per centto National

ART. 17

(b) If the Strike Fund has had morethan $50 million for more than threemonths, dues income will be distrib-uted as follows. Local unions will get43 per cent, the National Union gener-al fund 38 per cent, the National UnionStrike Insurance Fund 12 per cent, theNational Union Special MobilizingFund two per cent, the OrganizingFund two percent, and the NationalUnion Education Fund three percent.(i) Effective September 2006 throughto December 2007 (16 months) a totalof five percent will be reallocatedfrom the Education Fund and the spe-cial Mobilization Fund to the LocalUnion.(ii) If the Strike Fund has had morethan $50 million for more than threemonths, dues income will be distrib-uted as follows. Local Unions will get43 percent, the National Union Gener-al Fund 40 percent, the National StrikeInsurance Fund 10 percent, the Na-tional Union Special Mobilizing Fundtwo percent, the Organizing Fund twopercent, and the National Educationfund three percent.(c) If the Strike Fund falls below $45million in any month, income will againbe distributed as set out in (a) until theamount in the Strike Fund again has $50million for more than three months.Section 14The National Union and each LocalUnion each hold title to their respec-tive share of dues and initiation fees assoon as they are received by the Finan-cial Secretary of the Local Union.Section 15Local Unions must send all the moneydue the National Union to the Nation-al Secretary-Treasurer by the twentiethof the month following collection.Sec-retary-Treasurer by the twentiet

48

if strike fundover $50million

if strike fundgoes below$45 million

ownership ofincome

Nationalmoney dueevery month

ART. 17

The Local Union cannot use any partof this money without the permissionof the National Executive Board.Section 16(a) A Local Union that does not pay allper capita tax due the National Unionwithin three months is automaticallysuspended until it pays what it owesplus interest. In addition, the localwill be notified that a letter will besent to the Employers within theirLocal advising them to send the fulldues to the National Union. Any ex-ception to the above must have theagreement of the National SecretaryTreasurer’s office.(b) A Local Union that does not pay allit owes to the National Union loses itsvoice and vote at convention.Section 17From each member’s monthly percapita tax, the National Union will setaside:

• five cents for the National UnionCommunications Department topromote initiatives to inform themembership/general publicabout the Union’s policies, goals,campaigns and issues.

• five cents to the Human RightsFund to support and promote theNational Union’s activities thatoppose all forms of discrimination

• one cent as the National UnionRecreation Fund to promoterecreation-leisure time programs

• five cents to the Political Educa-tion Fund to be used to strength-en democracy by encouragingmembers and citizens to partici-pate and vote in municipal,provincial, and federal electionsand to run organizational and

49

Local sus-pended fornon-payment

no voice orvote

5¢Communica-tions

5¢ humanrights

1¢ recreation

5¢ politicaleducation

ART. 17

educational programs to makepeople aware of the need for ac-tive participation in a free anddemocratic society

• one cent for the National UnionRetired Workers fund used topromote and support programsbenefiting retired members andto finance the operation of theNational Union Retired WorkersDepartment

• one cent into an International Af-fairs Fund to promote activitiesimproving the well-being ofworkers and trade unionsthroughout the world

• five cents for the National Wom-en’s Fund to support programsthat benefit female members.

Section 18(a) The National Union will put allStrike Insurance Fund dues from LocalUnions into the National Strike Insur-ance Fund. This fund will be used onlyfor

• aiding Local Unions engaged inauthorized strikes or lockouts

• donating or loaning money toother National Unions and non-affiliated Local Unions in strikesor lockouts

• meeting financial obligations in-curred by the National Union orLocal Unions as a result of autho-rized strikes or lockouts. In thiscase the expense must be ap-proved by a two-thirds vote ofthe National Executive Board.

(b) The interest and dividends re-ceived by the National Strike Insur-ance Fund may be set aside as the Or-ganization, Education and Communi-

50

1¢ retiredworkers

1¢ interna-tional affairs

5¢ women

how strikefunds can bespent

maximum50% earningson strikefund go toanotherpurpose

ART. 17

cation Fund. tIf the National Strike In-surance Fund falls below $45 million,not more than 50 per cent of this inter-est and dividends may be set aside.(c) At least once a month, the NationalSecretary-Treasurer will tell LocalUnions the exact Strike Fund balance.(d) The National Executive Board mayarrange loans from Local Unions andother sources to supplement the StrikeFund when needed. It may use any orall of the National Union’s real or per-sonal property to secure the loan(s).(e) The National Executive Board willset up a program for strike relief tohelp members actively participating inan authorized strike or lockout.Section 19(a) The approximate proportion ofdues spent for political purposes willbe determined by the National Execu-tive Board.(b) A member has the right to object topart of her/his dues being spent onpolitical activities. The member mayobject by notifying the National Secre-tary-Treasurer by registered mail. Theobjection must be made during thefirst 14 days of Union membership orduring the 14 days following each an-niversary of union membership.(c) If an objecting member is dissatis-fied with the allocation made by theNational Executive Board or the dispo-sition of her/his objection by the Na-tional Secretary-Treasurer, s/he mayappeal directly to the National Execu-tive Board. If not satisfied with theboard’s ruling, the member may ap-peal to the Public Review Board orConvention Appeals Committee.

51

monthlyreport on bal-ance to locals

NEB mayborrow forstrike fund

program forstrike relief

NEB decidesamount forpoliticalactivity

14 days toobject

appeal toNEB

ART. 17

ARTICLE 18Honourable Withdrawal

Transfer CardsSection 1Members are entitled to an honourablewithdrawal transfer card if

• their dues are paid up to and in-cluding the current month, or

• they owe no money to the LocalUnion, and

• there are no charges againstthem.

Section 2To be entitled to an honourable with-drawal transfer card, the followingmembers must get permission whenthey are offered certain positions, orthey will be subject to expulsion.

• A Local Union Officer or work-place representative who is of-fered a management positionmust get permission fromher/his Local Union.

• A National Officer, National Ex-ecutive Board member, NationalRepresentative or full-time em-ployee of the National Unionwho is offered a managementpersonnel or labour relations po-sition must get permission fromthe National Executive Board.

Section 3A laid-off member who is regularlyemployed outside the NationalUnion’s jurisdiction will take an hon-ourable withdrawal transfer card. Or,to remain in good standing, the mem-ber will pay dues to the Local Union.The Local Union will issue a with-drawal card immediately to any mem-ber who has voluntarily left the juris-diction of CAW-Canada.

52

entitled tocard if paidup and nocharges

some mem-bers needpermissionor subject toexpulsion

local officersneed permis-sion fromlocal beforeacceptingmanagementpositionNEB mem-bers, nationalreps, employ-ees need NEBpermissionbeforeacceptingmanagementpersonnel job

member leav-ing jurisdic-tion takeswithdrawalcard or paysdues

ART. 18

This does not apply to members whowork for or officially represent CAW-Canada.Section 4(a) A member in good standing wholeaves the Local Union’s jurisdictiongains membership in another CAW-Canada Local Union by:

• Obtaining an honourable with-drawal transfer card and giving itimmediately to the other CAW-Canada Local Union. Failure todeposit the card within one cal-endar month and to pay any ac-cumulated dues will result in ter-mination of the card.

or• Paying an initiation fee and dues

to the other CAW-Canada LocalUnion. The member’s goodstanding will start with the dateof the payment.

(b) This does not apply to membersholding a Local Union office who in-voluntarily left their Local’s jurisdic-tion. However, while in office, themember is not eligible to hold office orbe a delegate to a National Conventionfrom any other Local Union.Section 5When a member moves to a workplacein another local’s jurisdiction as the re-sult of transfer of operations or a col-lective bargaining agreement, s/hewill be considered to be in continuousgood standing in the new Local Union.Section 6The National Union has arranged withseveral other unions to honour eachother’s transfer cards. A membertransferring from one of these unionswill deposit her/his transfer card or

53

transferringmembershipby givingcard to newlocaldefinitioncalendarmonth:month asdefined bycalendar, e.g.May 15 toJune 15 is acalendarmonth, as isFeb. 1 toMarch 1.paying initia-tion fees anddues to newlocal

does notapply to localofficers

continues ingood stand-ing if worktransferredto anotherlocal’s juris-diction

transferrights fromsome otherunions with-out paying

ART. 18

evidence and be admitted into the Na-tional Union without paying an initia-tion fee. S/he must do this by the endof the first month in which s/heworked a normal work week. Failureto meet the deadline and pay accumu-lated dues will result in the termina-tion of transfer rights, requiring theperson to pay an initiation fee.Section 7A member who is laid off, then trans-fers to another CAW-Canada LocalUnion and then returns to the originalLocal Union within one year of thelayoff, is considered to have been incontinuous good standing, as it relatesto being eligible to seek election.Section 8A member transferring to anotherLocal Union who has paid currentdues or dues in advance does not haveto pay duplicate dues. The LocalUnion that received the advance dueswill give them to the new Local Unionor refund them to the member.Section 9A member who loses an honourablewithdrawal transfer card may get a re-placement by applying to the LocalUnion Financial Secretary that issuedthe original. The Financial Secretarywill investigate the circumstances andissue a replacement for $1.Section 10The Local Union issuing them or Na-tional Officers may terminate hon-ourable withdrawal transfer cards forgood reasons.Section 11After a person deposits her/his cardand resumes membership, s/he is sub-ject to charges for any detrimental acts

54

initiation feeif done with-in 30 days

laid-offmember whotransfers thenreturns with-in a year stillin goodstanding

no duplicatedues formembertransferring

replacing lostcard for $1

local or na-tional officermay termi-nate card

can becharged foracts commit-

ART. 18

committed while s/he was out of theunion on honourable withdrawaltransfer card.Section 12The National Secretary-Treasurer willsupply Local Unions with pads of du-plicate honourable withdrawal trans-fer cards at cost.

ARTICLE 19Contracts and Negotiations

Section 1(a) It is National Union policy to recog-nize that the spirit, intent and terms ofall contractual relations between theNational Union, Local Unions, subor-dinate bodies and employers are bind-ing. Each Local Union and subordinatebody must carry out the provisions ofits contracts.(b) No National or Local union officer,member or representative has the au-thority to encourage, start, take part inor approve any action that is a breachof any contract entered into by the Na-tional Union, subordinate body, or aLocal Union.Section 2When a National Union Officer or rep-resentative is participating in negotia-tions to resolve a conflict between aLocal Union and management, a com-mittee selected by the Local Union willparticipate in all conferences and ne-gotiations. A National officer or repre-sentative will only participate at theLocal’s request.Section 3(a) Before negotiating a contract orsupplement with any employer, theLocal or National Officer or Represen-tative must have the approval of the

55

ted whiletemporarilyout of union

National sup-plies cards atcost

no one hasauthority tobreach acontract

Locals mustcarry outprovisionsof theircontracts

local commit-tee partici-pates in allnegotiations

local approvalbefore negoti-ating, mem-bers vote onproposed con-tract, contractgoes to NEBfor approval

ART. 18-19

Local Union. After negotiations areconcluded, the proposed contract orsupplement must be ratified by themembers of the Local Union or unit.The vote will take place at a meetingcalled for that purpose or throughsome other procedure, approved bythe National President, that will allowfor the fullest participation by mem-bers. The proposed contract or supple-ment must be approved by a majorityof those voting.(b) A Local Union or unit may apply tothe National Executive Board for a vot-ing procedure where apprenticeableskilled trades and related workers,production workers, office workers,engineers, and technicians vote in sep-arate groups on the matters which re-late exclusively to their group and atthe same time, vote also on commonmatters in the contract.(c) Before Local Unions or units submitdemands affecting skilled workers tothe employer, they must submit themto the Skilled Trades Department. Thisis to work toward industry-wide stan-dards for agreements on wages, hours,apprenticeship programs, journey-man/journeywoman standards andworking conditions.Section 4(a) When a Local Union or unit be-comes a party to an agreement onwages, hours or working conditions, itwill make sure the agreement is writ-ten and properly signed by the autho-rized representatives of all the parties.(b) The Local Union or unit must senda copy of each agreement to the Na-tional Secretary-Treasurer, along witha complete and up-to-date schedule ofjob classifications and wage rates.

56

apply to NEBfor voting bygroups

skilled work-ers demandsto be submit-ted to SkilledTrades beforeemployers

agreementmust bewritten andsigned

copy ofcontract andwage rates toNational

ART. 19

Section 5National agreements and supplementsmust be ratified by the members of theLocal Unions and units involved.Section 6The National Executive Board willprotect Local Unions or units whohave succeeded in gaining betteragreements, so that Local Unionsdoing similar work but with inferioragreements cannot infringe on them.

ARTICLE 20National Councils

Section 1(a) Where a number of Local Unionsare involved in negotiations and bar-gaining with a major corporation or anassociation of corporations, the Nation-al Executive Board will set up a Corpo-ration Council. A Corporation Councilwill be an administrative arm of theNational Union. The Local Unions in-volved will be members and will par-ticipate through elected delegates.(b) The purpose of a CorporationCouncil is to co-ordinate the demandsof the separate members and formu-late policies to deal with their commonemployer. It will meet to formulatenew contract demands not later than30 days before the opening of negotia-tions. A council will deal only withmatters and policies concerning its im-mediate corporation.(c) If the large corporation or nationalassociation has widely scatteredbranches, the Corporation Council willset up Sub-Corporation Councils. TheNational Executive Board will definethe geographic districts or occupation-al or manufacturing groupings for theSub-Corporation Councils. Delegates

57

nationalagreementsratified locally

NEB protectthose withbetter agree-ments

CorporationCouncil forbargainingwith majorcorporationLocals partic-ipate throughdelegates

co-ordinatesdemands,deals onlywith mattersconcerningthe one cor-poration

if corporationscattered,may set upsub-corpora-tion councilsdelegatesfrom sub-corp councilswill formcorporationcouncil

ART. 19-20

from the Sub-Corporation Councilswill form the Corporation Council.(d) Voting at Corporation Councilmeetings is based on the number ofper capita taxes the Local Unions payto the National Union.Section 2The National Executive Board will es-tablish national councils for the fol-lowing sections: Airline; Indepen-dents, Parts and Suppliers (IPS);Skilled Trades; Technical, Office andProfessional (TOP); Aerospace; andForge and Foundry. These are non-leg-islative bodies to discuss their sec-tion’s special problems. Where LocalUnions or units have members whowork exclusively with one section,their inclusion in that council and anyfinancing of it will be by agreementbetween the National President andparticipating Local Union. Where acouncil has been operating for oneyear, the National Executive Boardmay make affiliation mandatory. AnyLocal Union or unit may appeal thisdecision to the National ExecutiveBoard under Article 24.Section 3(a) A representative number of LocalUnions may ask the National Execu-tive Board to set up Industry-wideCouncils to discuss problems relatedto wages, hours, benefits and otherconditions within the industry and tohelp set uniform contract language.(b) The office of the National Presidentwill co-ordinate the councils’ activities.Section 4The National President may appointNational Representatives to work withcouncils, subject to the approval of theNational Executive Board.

votes basedon number ofper capitataxes

nationalcouncils bysectionaffiliationmay bemandatory

Industry-wide councilto help setuniformstandards

co-ordinatedthroughNat. Pres.

reps maywork withcouncils

ART. 20

58

Presidentappointsdirectorsresearch, ed-ucation, com-munications

Researchdepartmentgeneralinformationon specificeconomicsectors

keepsinformed ofCAW wagesand benefits

sends out is-sues bulletin

reports oneconomicconditionsto NEB,conventions

helps repsand staff

Educationdepartmentprovide lead-ers and mem-bers withtraining toadvancegoals ofunion

ART. 21

ARTICLE 21National Departments

Section 1The National Union will maintain anEducation Department, a Research De-partment and a Communications De-partment. The National President willappoint the Department Directors.Section 2(a) The Research Department willgather and keep on file information onconditions of employment for the sec-tors in which the National Union is in-volved as well as any other informa-tion needed by the National ExecutiveBoard, National Representatives, orany subordinate body.Local Unions and National staff willinform the department of changes inwages and benefits.(b) Periodically, it will send a bulletinto National Executive Board members,National Representatives and LocalUnions on issues of general interest.(c) It will submit reports on the generaleconomy as well as economic sectorsof particular interest to the union tothe National Executive Board and na-tional conventions.(d) It will help National Representa-tives and staff in their work of organiz-ing, educating, collective bargainingand servicing the members.Section 3(a) Education must be part of the busi-ness of the National Union and ofevery Local Union. The NationalUnion’s education programs are toprovide Local Union leaders andmembers with the training and infor-mation they need to advance the pro-

59

60

locals to havean educationcommitteeand partici-pate in train-ing

encouragePEL and fam-ily education

Communica-tions Depart-ment to pro-vide informa-tion to mem-bership andpublic

means ofcommunicat-ing changeswith technol-ogy

encouragelocal publica-tions respon-sible to exec-utive consis-

ART. 21

grams and goals of the union. This in-cludes all aspects of union activities:social, political and economic, both na-tionally and internationally.(b) Each Local Union must have an Ed-ucation Committee to promote all as-pects of education affecting the wel-fare of the members, the union and thelabour movement. Local Unions mustmake every reasonable effort to partic-ipate in the National Union’s educa-tion programs and to promote trainingfor local elected leaders.(c) The department will promote thePaid Education Leave Program (PEL)and the Family Education Program.The union will maintain the FamilyEducation Scholarship program toprovide opportunities for membersand their families to increase their un-derstanding of the union’s programs,policies, and goals as well as the com-plex problems facing us. The depart-ment will develop a comprehensiveprogram for the Local Union level toencourage interest and family partici-pation in CAW-Canada.Section 4(a) The Communications Departmentwill provide information to the mem-bers and the general public by meansof current technology i.e.; web page, aswell as any other means as prescribedby the National President and NationalExecutive Board.(b) As technology changes so will themethods used for communicating withthe members as directed by the Na-tional President and National Execu-tive Board.(c) The Department will encourageLocal Unions to publish regular bul-letins or newsletters. Local publica-tions will conform with the policies of

the National Union. All Local Union orunit editors and editorial committeeswill be responsible to their Local’s orunit’s executive.

ARTICLE 22Charges and Trials of National

OfficersSection 1Charges can be made against NationalOfficers or National Executive Boardmembers by filing a written affidavitwith the National Secretary-Treasurer.It must be signed by five or more Na-tional Executive Board members or bya Local Union member and endorsedby the member’s Local and at least 10other Local Unions.Section 2If the charges are against the NationalSecretary-Treasurer, they will be filedwith the National President who willthen carry out the trial procedure.Section 3Immediately after receiving thecharges, the National Secretary-Trea-surer will send a copy by registeredmail to the accused, notifying her/himthat s/he has 15 days to prepare a de-fence. The Secretary-Treasurer willsend a copy of the charges to all Na-tional Executive Board members, andconvene a special National ExecutiveBoard meeting 10 days after the Secre-tary-Treasurer received the charges.Section 4Until the trial, the accused will contin-ue in her/his elected office unless aspecial National Executive Boardmeeting is convened and votes by atwo-thirds majority for suspension.

61

ART. 21-22

tent withnationalunion policy

charges canbe made by 5NEB mem-bers or 11Local Unions

if chargesagainst Secre-tary-Treasur-er, Presidentassumes trialdutiesSec-Treassendscharges to ac-cused. Ac-cused has 15days to pre-pare defence.Copies go toNEB mem-bers. SpecialNEB meeting10 days later

remains inoffice untiltrial unlessNEB sus-pends by 2/3vote

Section 5The first business at the special Na-tional Executive Board meeting will beto set up a National Union Trial Com-mittee.(a) The committee will be chosen frommembers in good standing who weredelegates at the preceding Constitu-tional Convention. Excluded will beNational Union officers, National Ex-ecutive Board members and NationalUnion employees.(b) The name of each qualified mem-ber will be written on a slip of paperalong with the number and location ofthe Local Union from which s/he wasa delegate. The slips of paper must beof the same size and appearance.(c) The National Secretary-Treasurer, infront of the board, will put the slips ofpaper into a box, seal it and shake it.Then s/he will open the box. A mem-ber of the National Executive Boardwill draw out 50 slips, one at a time.The Secretary-Treasurer will read outthe names. Each name, in the order inwhich it was drawn, will be writtendown opposite a number from 1 to 50.Section 6During the drawing, the accused orher/his representative and the accuseror her/his representative have theright to be present.Section 7Immediately after the draw, the TrialCommittee of 12 names will be chosen.(a) Accused and accuser each have theright to remove up to 10 names fromthe list. They will proceed in turn,starting with the accused, to removenames.(b) The first 12 persons remaining onthe list are the Trial Committee. They

62

NEB setsup trialcommittee

chosen fromdelegates topreviousconvention

names writtenon slips ofpaper

NEB memberdraws out 50names

names listed1 to 50

accused, ac-cuser or repre-sentatives canbe present

accused andaccuser maystrike 10names each

first 12names leftare trial

ART. 22

will be told to report to the NationalOffice within five days to proceed withthe trial. Their Local Unions will alsobe notified.Section 8(a) It is a member’s duty to serve on aTrial Committee. However, if a mem-ber has good reason s/he may statethose reasons and withdraw.(b) If a Trial Committee member with-draws, the member whose name isnext in the numerical sequence will betold to report.Section 9When a member of the Trial Commit-tee appears at the National Office,s/he must produce a statement, signedby the Financial Secretary, saying s/heis a member in good standing ofher/his Local Union.Section 10The Trial Committee will begin assoon as all 12 members have arrived.The committee will decide its ownrules and procedure and may elect itsown chair and secretary. A courtstenographer will take verbatim min-utes. The accused and accuser have theright to be represented by counsel. Thecommittee will hear the accuser andwitnesses to substantiate the chargesand will hear the accused and all wit-nesses in her/his defence.Section 11(a) After hearing the evidence and ar-guments, the Trial Committee will gointo closed session. A two-thirds voteis required to find the accused guilty. Ifthe accused is found guilty, the TrialCommittee may, by a majority vote,reprimand the accused. By a two-thirds vote, the committee may sus-

63

committeeto start in 5days

member’sduty but maywithdraw forgood reason

next nameto replacewithdrawal

membermust bringstatementof “memberin goodstanding”

decide ownprocedureverbatimminuteshear accused,accuser andall witnesses

2/3 vote tofind guiltymajority toreprimand

2/3 vote toremove fromoffice2/3 to sus-pend or expel

ART. 22

pend or remove the accused from of-fice, or suspend or expel her/him frommembership in the National Union.(b) If a Trial Committee finds the ac-cused innocent, they may find the ac-cuser guilty of malice in filing thecharges. They may levy the penaltieslisted in Section 11 (a) of this articleagainst the accuser.Section 12Charges against a full-time National Offi-cer concerning her/his own Local Unionwill follow these procedures, not the pro-cedures for charges against members.

ARTICLE 23Charges Against Members

Section 1A member in good standing maycharge that a member has violated thisconstitution or engaged in conduct un-becoming a member. The accuser mustset the charges out in writing and signthem. The charges must state the exactnature of the alleged offence and, ifpossible, the time during which it hap-pened. Two or more members may becharged jointly.Section 2The accuser must submit the chargesto the Local Union’s Recording Secre-tary, or in the case of National/Provin-cial Local Unions and National UnionCouncils, charges must be submittedfirstly to the sub-local or lodge’sRecording Secretary within 45 days ofwhen s/he became aware, or reason-ably should have been aware, of the al-leged offence. If the charges areagainst the Recording Secretary, theywill be submitted to the Local UnionPresident, or in the case of a Nation-al/Provincial Local union, or a

64

from union

maliciousaccuser maybe penalized

applies tonational full-time officerseven thoughcharges mayconcern ownlocal

a membermay chargeanothermay chargejointly

charges toRecordingSecretarywithin 45days

ART. 22-23

al/Provincial Local union, or a Nation-al Union Council, if the charges areagainst the sub-local or lodge Record-ing Secretary, they will be submitted tothe sub-local or lodge President. If theacts were committed while the accusedwas out of the Union, sub-local orlodge on withdrawal card, the chargesmust be submitted within 45 days ofthe deposit of the withdrawal card.Section 3(a) Before notifying a member ofcharges filed against him/her, theLocal Union Executive Board or unitexecutive, or in the case of a Nation-al/Provincial Local Union or NationalUnion Council where applicable, thesub-local or lodge executive will firstreview the charges. The charges areimproper if:

• they do not state the exact natureof the offence, or

• they are not timely under Section2 of this article, or

• the act is not a violation of theConstitution or conduct unbe-coming a member, or

• they involve a question thatshould be decided at a member-ship meeting, or in the case of aNational/Provincial Local Unionor National Union Council, at asub-local or lodge meeting.

If the charges are improper, the Execu-tive or in the case of a National/Provincial Local Union or NationalCouncil, the sub-local or lodge execu-tive will notify in writing the accuserand the accused. The accuser may ap-peal the decision to the National Presi-dent. In the case of a National/Provin-cial Local Union or National Union

65

local execu-tive firstdecides ifcharges areproper

must stateexact offence,be timely, aviolation, notinvolvesomethingbetter settledat member-ship meeting

accused mayappeal

ART. 23

Council, the appeal of a sub-local orlodge decision must first go to the Na-tional/Provincial Local Union or Na-tional Union Council Executive Boardwithin (30) thirty days of the receipt ofa decision. The accuser may appealthis decision to the National President.Section 4The Local Union executive board or inthe case of a National/Provincial Localor National Union Council, the sub-local or lodge Executive will notify theaccused member that proper chargeshave been filed by receipted or regis-tered mail within seven days after theyreview the charges.The charges and all available informa-tion will be sent to the National Presi-dent’s office.Section 5The National President will review thecomplaint and tell the members of anyaction needed to correct the violationof the constitution or the detrimentalconduct.The President may hold an investiga-tion or hearing into the complaint andassign a representative to carry it out.The President will review the reportand decide on the complaint.Any party to the complaint may ap-peal the decision to the National Exec-utive Board. Their decision may be ap-pealed to the Public Review Board.

ARTICLE 24Appeals

Section 1An appealing member or body has theduty to use every method of appealoutlined in this constitution beforeseeking a remedy by going to a civil-court or government agency.

66

accused noti-fied by regis-tered mail in7 days

informationto President

may havehearing

Presidentrules

appeal toNEB or PRB

duty tofollow allappeal stepsbefore goingoutside

ART. 23-24

Section 2In general, any member or subordinatebody has the right to appeal an action,a decision, a failure or refusal to actthat allegedly results in an injury tothem, or a penalty of one of the fol-lowing:

• the National Union, its ExecutiveBoard or one of its officers or rep-resentatives

• an administrative arm of the Na-tional Union, including depart-ments and bargaining councils

• a Local Union or any unit, com-mittee, officer or representative

• a subordinate body of the Na-tional Union or in the case of aNational/Provincial Local Unionor National Union Council, asub-local or lodge.

Section 3(a) The normal levels of appeal are

• first to the membership responsi-ble for the representative, actionor decision

• or in the case of a National/Provincial Local Union orNational Union Council theappeal would go from the sub-local or lodge membership to theNational/Provincial or NationalUnion Council Executive Board

• second to the National ExecutiveBoard

• if the appeal is against the deci-sion of a National/ProvincialLocal Union or National UnionCouncil, the appeal would go im-mediately to the National Execu-tive Board

• third to the Convention AppealsCommittee or Public Review-Board.

67

a member orsubordinatebody mayappealdecisions orinaction ofNationalUnion, reps

administra-tive arms

Local unions,committees,repssubordinatebody

first level isto member-ship, secondto NEB, thento Conven-tion AppealsCommittee(CAC) or

Public Re-view Board(PRB)

ART. 24

All cases will follow this route exceptwhere the constitution sets out a dif-ferent one.The following are examples of commoncases using the normal appeal route.(i) In appealing the disposition of agrievance by a Local Union representa-tive, the first level of appeal is to theunit, or in the case of aNational/Provincial Local Union orNational Union Council, the first levelof appeal is to the sub-local or lodge,second to the Local Union or in thecase of a National/Provincial LocalUnion or National Union Council sec-ond to the National/Provincial Localor National Union Council ExecutiveBoard, third to the National ExecutiveBoard, fourth to the Convention Ap-peals Committee or, where appropri-ate, the Public Review Board. In thecase of a National/Provincial LocalUnion or National Union Councilwhere regular membership meetingsare not held, the first level of appeal isto the National/ Provincial Local orNational Union Council ExecutiveBoard, second to the National Execu-tive Board, third to the Convention Ap-peals Committee, or where appropri-ate, the Public Review Board.If the grievance was handled by a Na-tional representative or officer, the firstlevel is to the National Executive Board,second to the Convention AppealsCommittee or the Public Review Board.(ii) In appealing a ruling by the Na-tional President about a dispute orconstitutional interpretation, the firstlevel of appeal is to the National Exec-utive Board and the second is to theConstitutional Convention.(iii) In appealing a ruling by the Na-tional President about financial mis-conduct in a Local Union, the first level

68

appealing agrievance

appealingPresident’sruling on dis-pute or con-stitutional in-terpretation

appealingPresident’sruling on

ART. 24

of appeal is to the National ExecutiveBoard and then to the Convention Ap-peals Committee or the Public ReviewBoard.(b) An appeal is limited in the follow-ing cases:(i) To appeal an action or decision by anational, corporate or industry-widecouncil, the appeal goes directly to andends with the National ExecutiveBoard.(ii) If the issue does not involve misuseof funds or a substantive provision ofthe constitution, appeals about the fol-lowing go to and end with the mem-bership of the Local Union. In anAmalgamated Local, the route is firstto the unit membership, then to theJoint Council or general meeting of theAmalgamated Local.

• recreation activities• procedural rulings of the Chair

during meetings• appointment or removal of Local

Union committee officials• sending authorized members to

any CAW or other convention ormeeting, except the Constitution-al Convention.

(iii) Appeals about the seating of mem-bers at a CAW-sponsored meetingwhere there is a Credentials Commit-tee go first to the committee, second tothe meeting itself, where it ends. Ifthere is no Credentials Committee, theappeal goes to and ends with the Na-tional President.(iv) An appeal about appointing or re-moving special purpose representa-tives such as benefit or health and safe-ty committeepersons by the NationalPresident goes to and ends with theNational Executive Board.

69

Local finan-cial miscon-duct

appeal ofcouncil deci-sion only toNEB

appeal of amatter limit-ed in scopegoes to andends withmembershipbody

recreation,proceduralrulings, ap-pointing offi-cials, sendingmembers tomeetings

appeal aboutseating dele-gates to Cre-dentials com-mittee, thenmeeting or ifno committeeto President

appeal aboutspecial pur-pose reps toNEB

ART. 24

(v) The National President will be theonly authority in the case of appealsabout the interpretation of a collectivebargaining agreement.(vi) The NEB may reject any appeal orcharge made to it pursuant to Article23 or 24 without a hearing if the ap-peal or change does not raise a primafacie case for relief.Section 4Unless otherwise indicated, the fol-lowing rules govern all levels of theappeal procedure.(a) The appeal should be specific anddetailed in describing the action or de-cision and include all supportive infor-mation. The member(s) making the ap-peal must sign it. The appeal mustalso include a return mailing address.(b) (i)Time limits begin from the timethe member first becomes aware, orreasonably should have becomeaware, of the action or decision. If ap-pealing a National Executive Boarddecision, the time limit begins whenthe member receives notice of the deci-sion. If mailed, an appeal is filed as ofthe date of its postmark. An appealmust comply with the time limits.(ii)The time limits for appeals are

• to Local Union: 60 days• in an amalgamated Local: 60

days to Unit, then 30 days toamalgamated Local

• in the case of a National/Provin-cial Local or National UnionCouncil: 60 days to the sub-localor lodge, then 30 days to the Na-tional/Provincial Local or Na-tional Union Council Executive

• to another subordinate body: 60 days• to National Executive Board: 30 days• to Convention Appeals Commit-

tee: 30 days70

appeal aboutagreementinterpreta-tions toPresident

general rules

set out detail,include sup-portive mate-rial, sign it

time beginswhen mem-ber becomesaware of de-cision or ac-tion or re-ceipt of NEBdecisiondate of filingis postmark

60 to Local60 to unit, 30to Amalga-mated

60 to subor-dinate body

30 to NEB

30 to Con-vention Ap-peals

ART. 24

• to Public Review Board: 30 days(iii) For good reason, the National Presi-dent may waive the time limit for ap-peals to a Local Union or other subordi-nate body, the National Executive Boardor the Convention Appeals Committee.(c) The decision of the lower tribunalmust be complied with before a highertribunal can accept the appeal. The de-cision will remain in effect until re-versed or modified. Upon written ap-plication and if there are unusual cir-cumstances, the National Presidentmay waive part or all requirements ofthe compliance.(d) (i) Any party to an appeal beforethe National Executive Board, Conven-tion Appeals Committee or Public Re-view Board may be represented bycounsel or other representative s/hechooses. The party having counsel orrepresentation will bear the costs ofthe representation.(d) (ii) The appealing member is re-sponsible for any costs incurred by himor her in the conduct of an appeal in-cluding without restriction the generali-ty of the above legal costs or disburse-ments, lost wages, and travel costs.(e) Any party to an appeal may submita brief or other written statement.(f) (i) When hearings are held, they areto bring to light all the facts and issuesinvolved. The member appealing andthe defendant or their representativesmust appear, along with witnessesthey choose. Everyone must answer allquestions fully and truthfully.The hearing will make sure all partieshave full opportunity to present theirpositions.(ii) To minimize cost and inconve-nience, a National Executive Boardhearing, held through its Appeal Com-

71

30 to PRB

Presidentmay waivelimits exceptto PRB

must complywith lowertribunal deci-sion Presi-dent maywaive com-pliance

may haverepresenta-tion at NEB,AppealsCommittee,PRBpay own cost

may submitbrief

hearings toget completestories

NEB hearingsto be heldclose tomember ap-pealing

ART. 24

mittee or the National President, willbe conducted in a location close to thatof the member appealing.(iii) A hearing before a panel or commit-tee of a reviewing tribunal is deemed tobe a hearing before the full tribunal.(iv) Any body hearing an appeal orcharge shall insure that a party who isclearly unable to understand the pro-ceedings conducted in English orFrench shall have access to translationservices. These services need not beprofessional or certified in nature.Section 5A member may appeal to the LocalUnion at a membership meeting or inwriting to the Recording Secretary.When no regular membership meetingis scheduled within 45 days of receiv-ing the appeal, the Local Union Execu-tive Board may rule on the appeal.Section 6(a) In an Amalgamated Local Union,the member appeals first at her/hisunit’s membership meeting or in writ-ing to the unit’s Recording Secretary orChair. If no regular membership meet-ing is scheduled within 45 days of re-ceiving the appeal, the unit committeeor executive may rule on the appeal.(b) From the unit, the member goes to theAmalgamated Local Union’s Joint Coun-cil. Or, if there is none, to the Local’s gen-eral meeting. The member submits theappeal in writing to the Recording Secre-tary. When neither meeting is held within45 days of receiving the appeal, the LocalUnion Executive Board may rule on it.The executive may enlist the aid of an in-vestigating committee.Section 7A member may appeal to other subordi-nate bodies at a meeting of their mem-bership or in writing to the Recording

72

panel of re-viewing bodyis same asbody

member ap-peals to LocalUnion mem-bership

in Amalga-mated Local,appeals firstto unit mem-bership

then to jointcouncil orgeneralmeeting

appeal tomembershipof subordi-nate body

ART. 24

Secretary. When no regular meeting isscheduled within 45 days of receiving theappeal, the body’s executive may rule onthe appeal.Section 8(a) A member appeals to the NationalExecutive Board by writing to theboard in care of the National Presi-dent. The appeal will set out what isbeing appealed with as much detail aspossible. It will include all informationavailable to support the appeal.(b) (i) The National Executive Board hasjurisdiction to decide on appeals againstrulings made by subordinate bodies.The board will consider this kind of ap-peal only after the appropriate member-ship body has ruled on it, except in thetype of cases outlined in Section 3 (b).(ii) In cases where the National Execu-tive Board is the second or higher levelof appeal, the member appealingshould send a copy to the RecordingSecretary of the body that made theruling s/he is appealing. When theNational President receives the appeal,s/he will obtain the complete informa-tion, records, and material relating to itfrom the subordinate body.(iii) The National Executive Board is thefirst level of appeal against decisions oractions of a National Officer, representa-tive, administrative arm or departmentof the National Union, except in thetype of cases outlined in Section 3 (b).(c) The National Executive Board mayappoint an Appeals Committee to con-sider the appeal and make recommen-dations. The committee will consist oftwo National Executive Board mem-bers. It will exclude a board member ifthe appeal originates from her/hisLocal Union or if there is any otherconflict of interest. The Appeals Com-

73

appeals toNEB toPresident

NEB rules onrulings madeby subordi-nate bodies

where 2ndlevel, copyshould go tofirst body’sRecordingSecretary

NEB firstlevel ondecisionsof nationalofficers, reps,depts, arms

NEB may ap-point 2-mem-ber commit-tee to investi-gate and rec-ommend.NEB rules

ART. 24

mittee will review the records andmake recommendations. It will sub-mit the full record and recommenda-tions to the National Executive Board.The National Executive Board willmake a decision on the appeal.(d) (i) The National President may de-cide an appeal rather than submittingit to an Appeals Committee. S/he maydesignate a representative to conductan investigation or hearing. The Presi-dent will consider the files and recordsof the case and any briefs submitted.(ii) Copies of the President’s decisionswill be sent to all National ExecutiveBoard members. The decision becomesone of the full board unless, within 10days, a board member objects. In thatevent, the National Executive Boardwill decide on the appeal at its nextregular meeting. The National Presi-dent will promptly notify all parties ofthe National Executive Board’s deci-sion. The board will do its best tomake the decision within 60 days ofreceipt of the appeal by the President.Section 9(a) There will be a Convention AppealsCommittee that will consist of fourmembers and four alternates selectedby lot from delegates to ConstitutionalConventions. There will be no morethan one member or alternate from thesame Local Union. One member and onealternate member must be from Quebec.Members will serve two conventionterms, one half of the members beingreplaced at each convention. A vacan-cy will be filled by the next alternateselected. Any vacancies left will befilled by lot at the next ConstitutionalConvention.(b) The Convention Appeals Commit-tee settles appeals submitted to it

74

Presidentmay decidean appeal,designatemay investi-gate

President’sdecision sentto NEB mem-bers. If oneobjects, deci-sion made atnext NEBmeeting

8 members, 8alternatechosen bylot fromconventiondelegates

term is twoconventions,half replacedat each con-vention va-cancy filledby alternate,then by lotCAC rulesabout NEB

ART. 24

against rulings of the National Execu-tive Board or a National Trial Commit-tee. All decisions of the ConventionAppeals Committee are final and binding.(c) The committee will meet at leasttwice a year at the National UnionHeadquarters to consider appeals thatwere submitted at least 30 days beforethe meeting. The National ExecutiveBoard will set the procedures for han-dling appeals, subject to review byConstitutional Convention.(d) An appeal made to the ConventionAppeals Committee will be in writing,signed by the member(s) and sent incare of the National President.Section 10(a) (i) A member making an appeal tothe Public Review Board will do so inwriting, sign it, and send it care of theNational President.(ii) When notified that an appeal to thePublic Review Board has been filed,the National President will forward tothe board’s Chair all documents andrecords in the case.(b) The Public Review Board has thejurisdiction to make final and bindingdecisions on appeals against rulings,decisions and actions in the followingcircumstances:

• matters related to alleged viola-tion of a CAW-Canada ethicalpractices code

• the National Executive Board hasruled on an appeal of the actionor decision of a subordinate body

• decisions of a National Trial Com-mittee

• suspension for working for decer-tification (Article 11 Section 5 (a))

• reorganizing or disbanding a sub-ordinate body (Article 13, Section

75

and nationaltrial commit-tee decisions

meets twicea yearNEB setsprocedures

appeals toCAC c/oPresident

appeal toPRB c/oPresident

Presidentforwards alldocuments

PRB decisionfinal andbinding

handles ap-peals of NEB,national trialcommitteedecisionsethical prac-ticesNEB rulingnational trialcommitteeNEB action

ART. 24

ordinate body (Article 13, Section 8-9)• spending dues on political activi-

ty (Article 17 Section 19)• National Executive Board taking

control of Local’s assets (Article28, Sections 5-6)

• suspension for financial miscon-duct (Article 44 Sections 4, 6)

• National Executive Board has ruledon an appeal about the handling ofa grievance (Article 13 Section 17).In this case, jurisdiction is limitedto whether the handling was im-proper because of fraud or collu-sion with management

(c) (i) The Public Review Board has nojurisdiction to review an official collectivebargaining policy of the National Union.(ii) The Public Review Board does nothave jurisdiction to hear an appealconcerning the handling of a grievanceor other issue involving a collective bar-gaining agreement, except where themember appealing has alleged beforethe National Executive Board that thematter was handled improperly be-cause of fraud, discrimination or collu-sion with management, or that the deci-sion of the Local Union or NationalRepresentative had no rational basis.(iii) In grievance cases, the board willfirst review whether it has jurisdiction.If it does not, it will dismiss the appeal.The member appealing may appeal tothe Convention Appeals Committeewithin 30 days of being notified of thedismissal. In this appeal, the membermay not raise any issue settled by thePublic Review Board in its ruling.(iv) The Public Review Board willoverturn a decision only when thelower body acted unreasonably.(d) Notwithstanding any other provi-sions in this Article, where the body

76

cannot ruleon bargain-ing policy

PRB hearingon collectivebargainingmatter limit-ed to fraud,collusion,discrimina-tion

dismissesgrievanceappeal if nojurisdictionmember canappeal toCAC

ART. 24

hearing the appeal decides that the ap-peal does not raise a question of factgermane to the disposition of the ap-peal, the hearing may be conducted onthe basis of written submissions only.Section 11The following procedures apply to thehandling of complaints of alleged viola-tions of a CAW-Canada ethical prac-tices code.(a) A member must file a complaintabout a breach of a code within 60 daysof first becoming aware, or of when themember should reasonably have be-come aware, of the alleged violation.(b) (i) If the charge is against a subor-dinate body or one of its officers orrepresentatives, a member of that bodymust initiate the charge. First, themember must try to correct the matterby appealing to the Local Union’smembership. If not satisfied, the mem-ber may appeal to the National Execu-tive Board through the National Presi-dent. The President will send a copy tothe Chair of the Public Review Board.The National Executive Board will in-vestigate and rule on the appeal.(ii) The National Executive Board willinform the Public Review Board Chairand the complaining member of itsdisposition of the case. If the memberis still dissatisfied, s/he may, within 30days, appeal to the Public ReviewBoard. If there is no appeal, the PublicReview Board may act if it concludesthere is substance to the originalcharge and the National ExecutiveBoard’s action is not satisfactory.(c) If the charge is against the NationalUnion or one of its officers or repre-sentatives, a member of a Local Union,supported by the Local’s membership,must initiate the charge. The membermust submit the complaint, with a cer-

77

proceduresfor charginga violation ofethics

file a com-plaint within60 days

if chargeagainst alocal or itsrepresenta-tive, membergoes first tomembership,then to NEB.Presidentsends copy ofcomplaint toPRB chairNEB investi-gates

NEB informsmembers andPRBmember mayappeal toPRB within30 days

if no appeal,PRB may actif not satis-fied withNEB decision

ART. 24

tificate of the Local’s approval, to theNational Executive Board through theNational President. The President willsend a copy to the Chair of the PublicReview Board. The complaint will bedealt with as the one above.(d) A member may file a complaintwithout going through the Local Union.In such cases, the member must set outthe reasons for failing to seek or obtainapproval when s/he files the charge. Ifthe National Executive Board or thePublic Review Board agrees there aregood reasons to bypass the Local step,the matter may be processed.(e) The National Executive Board maysubmit any matter within the scope ofthis section to the Public Review Board.(f) If the Public Review Board finds theaccused innocent of violating an ethi-cal code, it may rule on the lack ofgood faith of the accuser. If the factsindicate the accuser acted with mali-cious intent and in a willful effort todivide and disrupt the union, the onlyaction the board may take is to sus-pend the accuser’s membership for aperiod of not less than three months.

ARTICLE 25Public Review Board

Section 1The National Executive Board will setup a Public Review Board to serve asan independent appeal body. The Pub-lic Review Board’s members must beimpartial, have good public reputa-tions, and not work under the jurisdic-tion of the CAW-Canada or be em-ployed by the National Union or anyof its subordinate bodies. The purposeof an independent Public ReviewBoard is to safeguard the moral andethical standards and practices withinCAW-Canada and strengthen the

78

chargeagainst Na-tional mustbe supportedby Local vote

bypassingLocal step bysetting outreasons

NEB maysubmit amatter toPRBPRB may sus-pend accuserfor maliciousintent

independentappeal bodycomposed ofimpartialpersons fromoutside CAW

ART. 24-25

union’s democratic process and appealprocedures.Section 2The Public Review Board will havefive members, including the Chair.Their terms will be for the period be-tween Constitutional Conventions. Atthese conventions, the National Presi-dent will propose the names of theChair and members of the Public Re-view Board, approved by the NationalExecutive Board, for ratification.If a vacancy occurs between Constitu-tional Conventions, the National Presi-dent, subject to the approval of the Na-tional Executive Board, will fill it byappointment from a list of names sub-mitted by the remaining members ofthe Public Review Board.Section 3The Public Review Board will set itsown rules of procedure. To expeditethe disposition of cases, the Chair maycreate panels of not less than threeboard members to act for the PublicReview Board. A panel will have theauthority of the full board.Section 4The Public Review Board may dismissa matter without a hearing, if an inves-tigation shows the allegations are in-sufficient to justify a hearing, or thereis no reasonable possibility any sub-stantial evidence in support of the alle-gations can be produced. The PublicReview Board will send its decision tothe complaining member, the NationalUnion and any subordinate body con-cerned.Section 5The Public Review Board will submitan annual report to the National

79

5 members,nominatedby President,ratified byconvention

vacancyduring termappointed byPresidentfrom PRBnominees

set own rulesmay have3-personpanelspanel has PRBauthority

may dismisswithout hear-ing if insub-stantial or noproof

annualreport tomembership

ART. 25

Union’s membership. It will highlightany situation where it found the com-plaint to be improper and will com-ment on the steps the union took tocorrect the situation. It will include asummary of all appeals handled dur-ing the year. Copies of the report willbe mailed to all Local Unions and no-tice of this put in the union’s OfficialPublication. Copies will be available tomembers. During convention years,copies will be distributed to all dele-gates. The report will be made avail-able to the media. The Public ReviewBoard may submit an interim report.This report will also be made availableto all members and the public in thesame way as the annual report.Section 6(a) The National Executive Board willprovide an annual operating budgetfor the Public Review Board. The Na-tional Secretary-Treasurer will depositquarterly to the Public Review Board’saccount in a depository designated byit, the funds required by the budget itsubmitted. The budget will cover allnecessary expenses, including staff,travel and operating expenses, andwill provide reasonable compensationto the board members. The Public Re-view Board will function separate andapart from any Union building.(b) The Public Review Board will se-lect the staff needed for their opera-tion. The Chair must have the financialrecords audited annually. The auditsand summary of financial transactionswill be submitted to the National Sec-retary-Treasurer, who will make the in-formation available to the delegates ateach Constitutional Convention.

80

includeimpropercomplaintsmailed toLocal Unions,available tomembers,mediadistributed toconventiondelegatesmay issue in-terim report

PRB has ownbudget, officeapart fromunion, hiresstaff

PRB hasbooks audit-ed yearly,submits re-ports to Sec-retary-Trea-surer who re-ports to Con-stitutionalConvention

ART. 25

ARTICLE 26CAW and Quebec Councils

Section 1The CAW Council will recommendconstructive measures for the welfareof the Local Unions and their membersto the National President and NationalUnion. It will discuss agreements, or-ganizational problems, provincial andfederal legislation, and other issues ofinterest to Local Union members.Section 2All Local Unions, except those locatedin Quebec, must affiliate to the CAWCouncil.Section 3The CAW Council will be composed ofdelegates elected from the LocalUnions for a term of three years. As acost-saving measure, Local Unionsmay assign their entire vote to asmany delegates as they desire.Section 4Affiliated Local Unions will pay a percapita tax to finance CAW Council ac-tivities. The funds may be used for or-ganizational work, educational materi-als and lobbying for legislation. Theamount of the tax is subject to the ap-proval of the National Executive Board.Section 5If an affiliated Local Union has notpaid its per capita tax, the CAW Coun-cil Secretary-Treasurer will report it tothe National Secretary-Treasurer. TheNational Secretary-Treasurer will noti-fy the Local Union’s President andTrustees. The Local Union stands sus-pended until it has met its financialobligations.

81

CAW Coun-cil recom-mends onLocal mem-bers’ interest

Locals out-side Quebecmust affiliate

composed ofLocal dele-gates, 3-yearterm

financed byper capita taxused for or-ganizationalwork, educa-tion, lobby-ing

suspend affil-iate for non-payment

ART. 26

Section 6The CAW Council bylaws must con-form with this constitution and aresubject to National Executive Board ap-proval.Quebec CouncilSection 7The Quebec Council will recommendconstructive measures for the welfareof the Local Unions and their membersto the Quebec Director, the NationalPresident and National Union. It willdiscuss agreements, organizationalproblems, provincial and federal legis-lation, and other issues of interest toLocal Union members.Section 8All Local Unions located in Quebecmust affiliate to the Quebec Council.Section 9The Quebec Council will be composedof delegates elected from the LocalUnions in Quebec for a term of threeyears. As a cost-saving measure, LocalUnions may assign their entire vote toas many delegates as they desire.Section 10Affiliated Local Unions will pay a percapita tax to finance Quebec Council ac-tivities. The funds may be used for orga-nizational work, educational materialsand lobbying for legislation. Theamount of the tax is subject to the ap-proval of the National Executive Board.Section 11If an affiliated Local Union has notpaid its per capita tax, the QuebecCouncil Secretary-Treasurer will reportit to the National Secretary-Treasurer.The National Secretary-Treasurer willnotify the Local Union’s President andTrustees. The Local Union will stand

82

bylaws con-form to con-stitution andNEB approval

QuebecCouncil rec-ommends onLocal mem-bers’ interest

Locals inQuebec mustaffiliate

composed ofLocal dele-gates, 3-yearterm

financed byper capita taxused for orga-nizationalwork, educa-tion, lobbying

suspend affil-iate for non-payment

ART. 26-27

suspended until it has met its financialobligations.Section 12The Quebec Council bylaws must con-form with this constitution and aresubject to National Executive Boardapproval.

ARTICLE 27Amalgamated Local Unions

Section lAny two or more bargaining units thatare not part of an Amalgamated LocalUnion may petition the National Exec-utive Board to form an AmalgamatedLocal Union. This request must be ap-proved by the members of the bargain-ing units involved at a general meet-ing called for that purpose. When it re-ceives the request, the National Execu-tive Board will investigate whether anAmalgamated Local Union is feasible.If the board decides that an Amalga-mated Local Union be set up, the Na-tional President will proceed withoutdelay. The Amalgamated Local Unionwill include bargaining units as theNational Executive Board determines.Section 2Any two or more units of an Amalga-mated Local Union may request theNational Executive Board to set up aJoint Council in their Local Union. TheNational Executive Board will, with-out delay, investigate if a Joint Councilis practical. If the board decides it is,the Local Union will, without delay,set up a Joint Council. Members of theJoint Council will be elected by secretballot using the procedures set out inArticle 34 Section 5, whether they areelected directly to the council or aremembers because of another electedposition they hold.

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bylawsconform toconstitutionand NEBapproval

2 or moreunits mayask to beamalgamatedmembers in-volved mustapproveNEB deter-mines units tobe included

2 or moreunits may re-quest NEB toset up JointCouncilmembers ofcouncil mustbe elected bysecret ballot,either direct-ly or byvirtue of an-other electedposition

ART. 26-27

Section 3The members of the Local Union areguaranteed(a) Proportional representation fromeach unit, based on the number of percapita taxes each unit pays to the LocalUnion. Each unit is entitled to at leasttwo representatives to the Joint Council.(b) That they can decide, by a referen-dum vote, to appeal a Joint Councildecision or action.(c) That each unit will be autonomouson matters that pertain exclusively toit. The general meeting of the membersof a unit will be the highest authorityfor handling problems within the unitas long as they follow their LocalUnion bylaws and this constitution.(d) That a percentage of a unit’s duesmay be set aside in a fund for theunit’s exclusive use.Section 4Newly organized bargaining unitsmay be added to Amalgamated LocalUnions upon approval of the NationalExecutive Board.Section 5The National Executive Board may, onits own initiative, decide to issue anAmalgamated Local Union charter toLocal Unions.

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membersguaranteedrepresenta-tion on num-ber of percapita taxespaid by eachunitminimum 2per unitby referen-dum, can ap-peal JointCouncil deci-sion.

autonomyon internalmatters

per cent ofdues forunit’s exclu-sive use

NEB addnew units toAmalgamat-ed Locals

NEB mayissue charter

ART. 27

ARTICLE 28Local Union Charters and

Subordinate BodiesSection 1Fifteen or more people working withinthe jurisdiction of the National Unionmay apply to the National Secretary-Treasurer for a charter to form a LocalUnion.Section 2The National Secretary-Treasurer willsupply an application blank. The appli-cants will fill it out and return it with acharter fee of $50. If the National Exec-utive Board approves, it will grant acharter and initial supplies. The sup-plies consist of one membership receiptbook, one bookkeeping set, one Record-ing Secretary’s minute book, 15 consti-tutions, one roll call book and onegavel. The charter and supplies remainthe property of the National Union. TheLocal Union may use them only as longas it and its members comply with thelaws of the National Union.Section 3Local Union charters will read as fol-lows:CHARTERThe National Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada), es-tablished for the purpose of organizingworkers in the automobile, aerospace,transportation, and other industriesand composed of Local Unions andMembers in different sections of Cana-da, grants unto and to their suc-cessors, this Charter for the establish-ment and future maintenance of aLocal Union at to be known asLocal Union No

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15 peopleapply forcharter toSec. Treas.

charter fee$50NEBapprovescharter andsuppliesproperty ofNationalsuppliesmemberreceipts,minute book,bookkeepingset, gavel,roll call book,constitutions

charter text

ART. 28

Now, the conditions of this Charterare: that this Local Union under all cir-cumstances shall be subordinate toand comply with all the requirementsof the Constitution, Bylaws and Gener-al Laws or other laws of the NationalAutomobile, Aerospace, Transportationand General Workers Union of Canada,(CAW-Canada), as they may fromtime to time be altered or amended;that this Union shall for all time beguided and controlled by all acts anddecisions of the National Automobile,Aerospace, Transportation and GeneralWorkers Union of Canada, (CAW-Canada), as they may from time totime be enacted; that should this LocalUnion take advantage of any powers,privileges or rights conferred underthe laws as they may exist at any time,said action shall not prevent theNational Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada),from recalling, amending, changing orabolishing any such powers, privilegesor rights.So long as the said Union adheresto these conditions, this Charter toremain in full force; but with anyinfraction the National Automobile,Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), may revoke thisCharter, annulling all privilegessecured by this Charter.We have signed as witnesses and af-fixed the Seal of the National Automo-bile, Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), this day of 20 .National Executive BoardNational PresidentNational Secretary-Treasurer

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ART. 28

Section 4To disband, any subordinate bodymust have National Executive Boardapproval. No Local Union or FamilyAuxiliary can disband as long as 15members wish to retain the charter. Noother subordinate body can disband aslong as 15 members or two LocalUnions want it to continue.In places where there are two or moreLocal Unions and the membership of aLocal Union drops to below 15, thatLocal may be merged with another inthe area, at the National ExecutiveBoard’s discretion.This does not apply to units of Amal-gamated Local Unions.Section 5If a Local Union disbands, or ceases toexist because the workplace overwhich it has jurisdiction has stoppedoperating, all the funds, property andassets of the Local Union will revert toand become the property and assets ofthe National Union. If a Retiree’sChapter charter has been issued to theLocal Union, such funds,property and assets, where deemedappropriate by the National Unionwill be used to offset the continuingactivities of the Retirees Chapter. Dur-ing the following year, if a new charteris issued to a Local Union with thesame or similar jurisdiction, the Na-tional Executive Board will assign anamount of not more than the value ofthe funds, property and assets to thenewly-chartered Local Union to help itbegin operations.Section 6When the funds, property and assetsof a Local Union become grossly dis-proportionate to the number of its

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need NEBpermission todisbandcannot dis-band as longas 15 mem-bers or twoLocals wantto keep on

not apply tounits ofAmalgamat-ed Localsassets of de-funct LocalUnion belongto National

If aRetiree’scharterissued assetswill be usedto offsetcontinuingactivities ofthe RetireesChapter

if new Localstarts withina year, NEBwill give itthe assets

where mem-bers declinedrastically,NEB may

ART. 28

members as a result of layoffs or otherreasons, the National Executive Boardmay take possession of and control thespending and use of these funds, prop-erty and assets. The National Execu-tive Board must hold a hearing andmake the decision by a three-quartersvote. The board will make sure thesefunds, property and assets are used tocarry out the objectives of the Localand National Union and conservethem in the interests of the remainingand any future members.Section 7(a) If members of a unit feel there isjust cause for the unit to withdrawfrom its Amalgamated Local Union,they may raise the question in any reg-ular meeting. If a majority approves, adate will be set for a special meeting todecide whether to petition the Nation-al Executive Board to withdraw fromthe Local Union.(b) The unit members will receive atleast seven days’ notice of the time,place and purpose of the special meet-ing. The vote must be by secret ballotand requires two-thirds of those vot-ing to pass. If passed, the unit will for-ward to the National Executive Boarda detailed statement setting out thereasons for withdrawing from theLocal Union.(c) The National Executive Board willinvestigate the circumstances and de-termine if there is just cause for with-drawal and the effect a withdrawalwould have on the Local Union andthe unit. If the board is satisfied theunit has just cause for withdrawal andthat it will not adversely affect theLocal Union or the unit, the NationalExecutive Board will direct a referen-dum vote of the unit members.

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assumeLocal proper-ty, assets by3/4 voteto be used tofurther unionobjectivesand conservefor remainingand newmembers

unit wantingto withdrawmay at a reg-ular meetingdecide to calla specialmeeting

7 days noticeif specialmeetingvotes by 2/3,secret ballot,request goesto NEB

NEB investi-gates, if satis-fied there isjust cause, or-ders referen-dum vote ofunit

ART. 28

(d) The unit members will receiveseven days’ notice of the time, placeand purpose of the referendum vote.The vote will be by secret ballot inbooths located so that all membershave the opportunity to vote. The fol-lowing words will be printed on theballot: “Do you want to withdraw fromLocal________? Yes_______ or No______.”If two-thirds of those voting vote infavour of withdrawal, the National Ex-ecutive Board will issue a separatecharter.(e) If the members at the special meet-ing decide not to petition for with-drawal, or if the National ExecutiveBoard denies the petition, or if the ref-erendum vote does not receive two-thirds, the question of withdrawalmust not be brought up for two years.Section 8(a) If an Amalgamated Local Unionwants to discontinue the affiliation of aunit, the matter may be raised in anyregular Local Union meeting or theJoint Council. If that meeting ap-proves, a date will be set for a specialmeeting to decide whether to take avote on the proposed discontinuationof affiliation.(b) The members, or Joint Council dele-gates, will receive at least seven days’notice of the time, place and purpose ofthe special meeting. If two-thirds ofthose present vote in favour, there willbe a referendum vote to decide whetherthe unit should be disaffiliated.(c) The Local Union members will re-ceive at least seven days’ notice of thetime, place and purpose of the referen-dum vote. The vote will be by secretballot in booths located so that allmembers have the opportunity to vote.The following words only will be

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7 days noticeballot to say“Do youwant to with-draw?”

2/3 vote infavour, NEBissues newcharter

if denied byNEB or de-feated bymembers,cannot comeup again for2 years

if Amalga-mated Localwants to dis-continue aunit’s affilia-tion, decidesat regularmeeting tocall specialmeeting

7 days noticeif specialmeetingvotes by 2/3,referendumvote to beheld

7 days noticeballot to say“Do youwant to dis-continue af-filiation ofunit?”

ART. 28

printed on the ballot: “Do you want todiscontinue the affiliation of the________Unit of Local______? Yes____ or No___.”If two-thirds of those voting vote infavour of discontinuing the affiliationof the unit, the National ExecutiveBoard may issue a separate charter.(d) If the special meeting decidesagainst holding the referendum vote,or if the referendum vote does not re-ceive two-thirds, this question mustnot be brought up for two years.Section 9All funds and other assets of an Amal-gamated Local Union are and remainthe property of the members of theLocal Union. Any unit withdrawingfrom an Amalgamated Local Unionand obtaining a separate charter is en-titled only to what remains in its ownunit fund, if there was one, at the timeof separation.Section 10The only chartered subordinate bodiesof the National Union are LocalUnions, FFAW-CAW, the CAW Coun-cil, the Quebec Council, and FamilyAuxiliaries. They are autonomous.All other subordinate bodies existupon the authority of the National Ex-ecutive Board and are generally super-vised by and responsible to it.

ARTICLE 29FFAW-CAW

Section 1The Fishermen, Food and Allied Work-ers, (FFAW) is a chartered subordinatebody of this Union in accordance witha merger agreement dated September27, 1988. The FFAW is designated the“FFAW-CAW”.

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2/3 vote infavour, NEBmay issuenew charter

if defeated atspecial meet-ing or in ref-erendum,cannot comeup again for2 years

assets prop-erty of LocalUnion mem-bersseparatingunit entitledonly towhat’s in itsown fund

only chartersto Locals,FFAW-CAW,CAW andQuebecCouncils,Family Aux-iliariesother subor-dinate bodiesunder NEB

FFAW-CAWacceptedSept. 1988

ART.28-29

Section 2The terms and conditions of the merg-er agreement between the CAW andFFAW and the FFAW constitution willapply to the FFAW-CAW. Whereverany provision of the CAW constitutiondiffers with the merger agreement orthe FFAW constitution, the mergeragreement and the FFAW constitutionmust govern and prevail.Section 3Subject to Article 9 of the mergeragreement, any questions about the in-terpretation or application of this con-stitution to the FFAW-CAW and itsmembers will be resolved by the CAWNational Executive Board. The deci-sion will be final and binding.Section 4Also, if the National Executive Boardbelieves that the application of a provi-sion of the CAW constitution is con-trary to the spirit and intent of themerger, the board may decide not toapply that provision.Section 5Except where it is contrary to this arti-cle, or otherwise covered by the merg-er agreement or FFAW constitution,the FFAW-CAW is subject to the provi-sions in Article 28.Section 6Except where it is contrary to this arti-cle, or otherwise covered by the merg-er agreement or FFAW constitution,the FFAW-CAW and its members aresubject to all the terms, conditions, du-ties, rights and benefits held by LocalUnions and subordinate bodies andtheir members under this constitution.

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mergeragreementand FFAWconstitutionprevail overCAW consti-tution

questions ofinterpretationsettled byNEB, deci-sions finaland binding

NEB may de-cide not toapply a con-stitutionalprovision ifcontrary tospirit ofmerger

subject toprovisions ofArticle 28

FFAW-CAWand its mem-bers subjectto constitu-tion

ART. 29

ARTICLE 30Duties and Powers ofSubordinate Bodies

Section 1Each subordinate body will strive toattain the objectives set out in this con-stitution; to maintain autonomous re-lations with other organizations; to doall in its power to strengthen and pro-mote the labour movement; to cooper-ate with the National Executive Boardand National Representatives and helppromote organizational activities.Section 2All Local Unions must establish by-laws and submit them to the NationalExecutive Board for approval. Bylaws,although enacted by a subordinatebody, are not effective until submittedto the National Executive Board, ex-cept for those enacted under Section 5of this article. Bylaws, once submitted,remain effective unless the NationalExecutive Board repeals them, as setout in Article 13, Section 10.Section 3All Local Unions must affiliate withthe appropriate provincial federationsof labour and labour councils of theCanadian Labour Congress whereverthey exist. The National ExecutiveBoard may waive this requirement.Section 4(a) (i) Each single-unit Local Unionand each unit of an AmalgamatedLocal Union must hold a regular gen-eral meeting of its members at leastonce a month unless its bylaws pro-vide for general meetings at least onceevery three months.(ii) Where a Local Union or unit holdsgeneral meetings every three months,

92

strive to at-tain objec-tives in con-stitution

Local Unionsmust havebylawseffectivewhen sub-mitted toNEB

Locals mustaffiliate toprovinciallabour feder-ations andlabour coun-cils

each LocalUnion or unitto havemonthly gen-eral meetingunless by-laws saymeetingevery threemonths

ART. 30

it must have a workplace council thatmeets and serves as the membershipbody in each of the intervening twomonths. The workplace council will becomposed of all elected officers of theLocal Union or unit, plus additionalmembers elected according to propor-tional representation as spelled out inthe bylaws.(iii) A single-unit Local Union with alarge membership may request the Na-tional Executive Board to authorize itto set up a representative workplacecouncil. The council will consist of allelected officers of the Local Union plusadditional members elected accordingto proportional representation asspelled out in its bylaws. This work-place council will serve as the mem-bership body of the Local Union. Thecouncil will meet once each month andthe Local Union will hold a generalmeeting at least once a year.(b) An Amalgamated Local Union thatdoes not have a Joint Council musthold regular general meetings of itsmembers at least once every threemonths. If there is a Joint Council, theJoint Council will meet at least once amonth and the Amalgamated LocalUnion will hold a general meeting ofits members at least once a year.(c) A Local Union or unit membershipmay decide to postpone meetings dur-ing the summer.Section 5In their bylaws, all Local Unions mustinclude rules governing meeting atten-dance by members holding any LocalUnion office. The Local Union will setnon-monetary penalties that may in-clude automatic removal from officefor failing to attend the number ofmeetings required in the bylaws. Local

93

where every3 months,must haveworkplacecouncil to bemembershipbody in other2 monthscouncil con-sists of allelected offi-cers + repselected pro-portionally

Local withlarge mem-bership canask NEB toset up work-place councilto be mem-bership body.council meetsmonthly,general meet-ing yearly

Amalgamat-ed Localswith no JointCouncil meetevery 3monthsJoint Coun-cils meetmonthly, onegeneral meet-ing a yearmay put offsummermeetings bya motion orin bylaws

bylaws to in-clude rulesgoverning at-tendance andnon-mone-tary penaltiesmust be NEBapproved be-fore effective

ART. 30

Union bylaws on this subject must beapproved by the National ExecutiveBoard before becoming effective.Section 6A Local Union may employ serviceand organizational staff, if authorizedby its bylaws. Any such staff memberwho serves the Local Union membersand represents them in collective bar-gaining with employers must havebeen a member of the National Unionin continuous good standing for oneyear.Section 7No subordinate body, nor any of its of-ficers, agents, representatives or mem-bers has the authority to represent, actfor, commit or bind the NationalUnion in any matter except where theNational Executive Board or the Na-tional President has given that authori-ty in writing.

ARTICLE 31Local Union Building

CorporationSection 1A Local Union may organize a corpo-ration to hold title to real property forthe benefit of the Local Union. It mustbe a membership corporation, withmembership and voting privilegesidentical to the membership of andvoting privileges in the Local Union.The corporation’s Board of Directorsmust be the Executive Board membersof the Local Union. All provisions ofthis constitution that relate in any way,and can be applied, to the relationshipbetween the National Union and LocalUnions apply with equal force to therelationship between the NationalUnion and a Local Union corporation.

94

Local mayhire staffstaff doingbargainingmust bemember forone year

no subordi-nate body ormember hasauthority tospeak for orcommit theNationalUnion with-out writtenpermission

Local mayform corp. toown propertymemberssame as LocalmembersCorp. boardsame as Localexecutive

ART. 30-31

Section 2All real estate and property of any na-ture belonging to the Local Unionsthat make up the Canadian Region ofthe UAW under the international con-stitution remain the property of theLocal Unions upon their merger andamalgamation with this Union underthis constitution. The property will beheld and administered by the LocalUnions as newly-chartered localsunder this constitution.

ARTICLE 32National Union Building

CorporationThe real estate and property of the Na-tional Union may be held and admin-istered either under a building corpo-ration or a trusteeship set up by theNational Executive Board. The Nation-al Executive Board will always main-tain and administer this real estate andproperty. The board may decide totransfer, sell and how to use it.

ARTICLE 33Membership Mailing List

A Local Union must not make itsmembership mailing list available toanyone except for official Union busi-ness or to satisfy a legal requirement.

ARTICLE 34Local Union Officers

Section 1All Local Union official representa-tives, whether elected or appointed,will have the duty and obligation tosupport, advance and carry out allprovisions of this constitution, all offi-cial policies of the National Union, andall official policies of the Local Union,to the extent where they remain con-

95

UAW LocalUnion prop-erty remainstheir proper-ty when theybecomeCAW-Canada

NEB may setup corp. ortrusteeship tohold Nation-al propertyNEB makesdecisions onits use

no giving outmembershiplist

all officialshave duty tosupport andadvanceNational andLocal policies

ART. 31-32-34

sistent with National policies and theconstitution.Section 2(a) The Local Union Executive Boardwill have the authority to represent theLocal Union between meetings whenurgent business requires action. How-ever, the Executive Board must nottransact any business that may affectthe vital interests of the Local Unionuntil it has the approval of the mem-bership.(b) To conduct the affairs of the LocalUnion and in keeping with CAW-Cana-da objectives, the President, Vice-Presi-dent or Financial Secretary has the au-thority to sign, administer and enforceany contract between the Local Unionand another party. This is subject to theprovisions in (a) and does not apply tocollective bargaining.Section 3(a) Each Local Union will have the fol-lowing Executive Officers: President,Vice-President or Vice-Presidents,Recording Secretary, Financial Secre-tary, three Trustees, Sergeant-at-Armsand Guide and a retired worker (if thelocal has a chapter).(b) The Local Union Executive Boardwill consist of all Local Union Execu-tive Officers and as many members-at-large as the Local Union deems neces-sary. The election of all members-at-large, whether they are elected directlyor hold the position because they wereelected to another office, must followthe procedures set out in Section 5 ofthis article.(c) The term of office for all elected of-ficials of Local Unions and units isthree years.

96

Exec Boardhas authorityif urgent ac-tion neededcannot dovital businesswithoutmembershipapproval

sign contractsoutside bar-gaining

ExecutiveOfficers

ExecutiveBoard in-cludes Offi-cers andmembers-at-large.(members-at-large mightinclude affir-mative actionpositions)number setby Localterm of officefor all electedofficials 3years

ART. 34

Section 4(a) No member is eligible for electionas an Executive Officer until s/he hasbeen a member in continuous goodstanding in the Local Union for oneyear immediately prior to the nomina-tion. The exception is in a newly orga-nized Local Union or unit. A retiredmember is not eligible to seek electionas an exceutive officer of a local unionwith the exception of the position asidentified in Article 34, Section 3 (a)above.(b) The Local Union will determine eli-gibility for election to other LocalUnion offices, committees, etc.(c) A retired worker shall be elected bythe members of the local union retireeschapter as described in Article 48, Sec-tion 2(c).Section 5Each Local Union must establish itsown set of rules to govern elections,that have been ratified by their respec-tive membership and approved by theNational Union, and must be consis-tent with the rules outlined in the“GUIDE TO LOCAL UNION ELEC-TIONS” that is published by the Na-tional Union.(a) Unless the National ExecutiveBoard authorizes otherwise, electionswill take place during May or June bysecret ballot.(b) Only nominated candidates may beelected.(c) It takes a majority of votes cast tobe elected to be a Local Union Execu-tive Officer.(d) Members-at-large will be electedby plurality vote, unless the LocalUnion members decide a majority voteis required.

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must bemember for ayear to be eli-gible forExec. Off.

retiredmember noteligible toseek electionas executiveofficer of alocal union

Local sets eli-gibility forother officesretiredworkerelected bymembers ofretirees chap-ter

Local Unionestablish ownrules to gov-ern electionsconsistentwith “GUIDETO LOCALUNIONELEC-TIONS”

elect by se-cret ballot inMay or June

no write-incandidates

majorityneeded forExec. Off.members-at-large by plu-rality unlessLocal decides

ART. 34

(e) Members must be notified sevendays in advance of the time and placeof nominations. There must be at leastseven days between the time of nomi-nations and the date of the election. Anotice containing the time and place ofelections and the time and place forany possible run-off election must begiven to members at least 15 days be-fore the election.(f) Those elected will be installed at thenext regular meeting.Section 6The following rules must apply to allelections of Local Union ExecutiveBoard members. They also apply toelecting National Convention dele-gates, unless different procedures areset out in Article 9.(a) Every member in good standing isentitled to vote at all Local Union elec-tions. Each member must cast her/hisvote personally.(b) All elections must be supervised bya democratically elected Election Com-mittee.(c) The Local Union membership bodymust set all election dates.(d) Elections will be held during speci-fied dates and hours at the specifiedpolling place(s).(e) A Local Union may include in itsbylaws a provision to use an advancepoll.(f) No candidate can be a member ofthe Election Committee that is super-vising the election.(g) A candidate has the right to submitin writing her/his commonly knownname to the Election Committee and tohave it appear on the ballot as s/hehas written it.

98

majority7 days noticenomination7 days be-tween nom.and election15 days no-tice of elec-tion

install at nextmeeting

rules forelecting Exec.Officers, con-vention dele-gates

all membersentitled tovote. Mustvote person-allyelection com-mittee super-vises allelectionsmembershipsets dateselection atspecifiedtimes andplacesadvance pollif in bylaws

candidatecannot be onElectionCommitteecandidatecan havename on bal-lot as s/hewants

ART. 34

(h) Each candidate has the right tohave one challenger present when thevotes are cast and when they are tabu-lated. The challenger must be a mem-ber of the Local Union.(i) Following the election, the ElectionCommittee must report the results inwriting to the next membership meet-ing.(j) All ballots and other electionrecords in any election must be keptfor one year. Then the Local Unionmay destroy them unless an appeal ispending. In this case, they must bepreserved until the appeal has beendecided and the decision is final.Section 7(a) Where there is only one nominatedcandidate for an executive office, thatcandidate is declared elected.(b) Where run-off elections are neces-sary because a candidate fails to re-ceive a majority, the run-off shall beconfined to the two candidates receiv-ing the highest number of votes for theoffice involved.(c) Where three trustees are to be elect-ed and no one candidate receives amajority, the run-off will be confinedto the six receiving the highest numberof votes. If one receives a majority, therun-off will be among the candidatesreceiving the second, third, fourth andfifth highest votes. If two receive a ma-jority, the run-off will be betweenthose receiving the third and fourthhighest votes.Section 8If an Executive Officer, whose term isnot expiring, wants to be a candidatefor another executive office, s/he mustresign from her/his present office longenough in advance of the nominating

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candidate canhave a chal-lenger whomust be Localmember

electioncommittee re-ports in writ-ing to nextmembershipmeetingmust keepballots andrecords forone year oruntil appealprocess isdone

where onlyone candi-date, de-clared electedin run-offonly top tworemain onballot

in run-off fortrustees, top6, 4 or 2candidatesremain onballot

Exec. Officerwanting to bea candidatefor differentoffice mustresign to

ART. 34

meeting to permit the nomination andelection of candidates for both officesduring the same election. The resigna-tion would become effective at thetime of installation.Section 9Any Executive Board member whoholds the office by virtue of holdinganother office in the Local Union auto-matically ceases to be an ExecutiveBoard member when s/he ceases tohold the other position.Section 10All vacancies in Local Union offices,except President, must be filledpromptly by election. The Local Unionmay use other means for filling the va-cancies until the election. If the Presi-dent’s office is vacant, the Vice-Presi-dent will fill the vacancy for the unex-pired term. Where there is more thanone Vice-President, the Local Unionwill set a fair procedure for determin-ing which one will fill the vacancy.Section 11(a) No protest to an election can beconsidered unless it is raised withinseven days of the closing of the pollsor at the next membership meeting,whichever is later. To be valid, protestsprior to the membership meeting mustbe submitted in writing to the LocalUnion.(b) If the members, either in acting ona protest or in voting on an ElectionCommittee recommendation, want tohold a new election, the National Pres-ident must first order the election. TheLocal Union must submit a completereport of the circumstances that causethem to want a new election, as well asthe official minutes of the membershipmeeting, to the National President.

100

allow elec-tions for bothto be held atsame timeresignationeffective atinstallation

Exec Bdmember byvirtue of an-other officeceases beingBd memberwhen leavesother office

vice presi-dent fillspresidentvacancyothers filledby election

cannot con-sider protestto electionuntil after7 days afterpolls closeor at nextmeeting

prior to meet-ing, protestin writing toLocalif memberswant newelection,Local mustfirst ask Nat.Pres.

ART. 34

Any Local Union member will havethe right to submit a written statementto the National President.(c) As quickly as possible, the NationalPresident may decide whether therewill be a new election or, if s/he findsthe facts sufficiently contradictory,s/he may submit the matter to an Ap-peals Committee for investigation.Then the National President will fol-low the Appeals Committee’s recom-mendations.(d) During this period, the candidateswho would have been elected if theelection had not been challenged willoccupy the offices. If the NationalPresident orders a new election, itmust be held as soon as possible. Theofficers elected at the second electionwill hold office during the process ofany higher appeal and until otherwisedirected by the results of the appeal.(e) The National President’s order maybe appealed in the usual way. Howev-er, if the order is based upon an Ap-peals Committee recommendation, theappeal will begin with the review ofthe Appeals Committee recommenda-tions (Article 24 Section 8).(f) A membership decision to refuse toorder a new election may be appealedin the usual way (Article 24). Thoseelected in the first election will hold of-fice during the appeal process anduntil otherwise directed by the appealresults.Section 12(a) If the National Union investigatesand discovers that any member hasmisrepresented returns, altered, muti-lated or destroyed ballots, or engagedin any other fraudulent acts concern-ing a Local Union election, the Nation-al Executive Board may remove the

101

Nat. Pres.may decideor submit toAppealsCommittee

those electedwill holdoffice untilnew electionif a further ap-peal, thoseelected in sec-ond electionhold officeuntil outcomeof appeal

order may beappealed innormal way

membershipdecision torefuse newelection maybe appealedas usualthose electedhold officeuntil appealprocess doneNEB, if dis-covers elec-tion fraud,may suspendmember fromoffice

ART. 34

member from any position s/he mayhold until there is a hearing. The boardwill notify the member in writing ofthe charges against her/him, give themember due notice and designate aspecial committee to conduct a hearingand make recommendations in a man-ner similar to that in Article 24.(b) The National Executive Board willact on the recommendations in thesame way as it does those of AppealsCommittees. If it finds the memberguilty by a two-thirds vote, the boardmay

• suspend or expel her/him frommembership, or

• remove the member from anyposition s/he may hold, and/or

• suspend the member’s right toseek any office or hold any posi-tion in the National Union for upto five years.

(c) Any member so disciplined will benotified in writing and has the right toappeal under Article 24 Sections 5-10.The procedure in this section is in ad-dition to and exclusive of any other ac-tion that may be taken against themember.Section 13Any member convicted of misrepre-senting returns, altering, mutilating ordestroying deposited ballots, votingfraudulently, intimidating others, orotherwise interfering with a member’sright to vote in Local Union electionsor strike balloting will be subject tocharges. If convicted, the member willnot be eligible for any office within theUnion for two to five years.Section 14(a) An elected Executive Board mem-ber may be recalled by the members

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special com-mittee to con-duct hearing

by 2/3, maysuspendfrom mem-bership, re-move fromoffice, takeaway right toseek office

member mayappealthis action ontop of anyother

member con-victed offraud not eli-gible for of-fice for 2-5years

ExecutiveBoard mem-ber recalled

ART. 34

s/he represents for failing to performthe duties of the office.(b) At least twenty five (25) percent ofthe members s/he represents will signa petition listing the specific com-plaints against the said Executive-Board member and file it with theRecording Secretary of the LocalUnion. The Local Union shall notifythe Executive Board member of thespecific complaints which will includea copy of the petition. The Local shallpost notices of an impending specialmeeting, at least seven (7) days in ad-vance of the meeting. The agenda forthe meeting is restricted to only thosespecific complaints identified in thepetition.(c) A quorum for the recall meetingshall be fifty (50) percent of thosemembers that the Executive Boardmember represents. A two (2) thirdsmajority vote of those members pre-sent at the special recall meeting is re-quired to recall an elected ExecutiveBoard member.(d) The meeting shall be chaired by thePresident of the Local Union. If the re-call petition is againts the President,The meeting shall be chaired by theVice-President.

ARTICLE 35Installation Ceremony

The installation ceremony may be per-formed by the retiring President, Act-ing President or any National Repre-sentative.The Installing Officer says:“Give attention while I read to you theobligation:“Do you pledge on your honour to

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(25) percentsign petitionlistingcomplaints

recallmeeting(50) percentof members

ART. 34-35

perform the duties of your respectiveoffices as required by the constitutionof the Union; to bear true and faithfulallegiance to the National Automobile,Aerospace, Transportation and Gener-al Workers Union of Canada, (CAW-Canada), to the best of your ability andwith complete good faith to support,advance and carry out all official poli-cies of the National Union and thisLocal Union; to promote a harassmentand discrimination-free environmentand work to ensure the human rightsof all members are respected; and towork tirelessly to advance and buildthe membership of our union; to de-liver all books, papers, and other prop-erty of the Union that may be in yourpossession at the end of your term toyour successor in office, and at alltimes conduct yourself as becomes amember of this Union?”Officers respond, “I do.”The Installing Officer then says:“Your duties are defined in the laws ofthe National Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada), andin your obligation; should any emer-gency arise not provided for in these,you are expected to act according tothe dictates of common sense, guidedby an earnest desire to advance thebest interest of the National Union andthis Local Union. I trust you will allfaithfully perform your duties so thatyou may gain not only the esteem ofyour brothers and sisters, but what isof even more importance, the approvalof your conscience.“You will now assume your respectiveoffices.”

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ART. 35

ARTICLE 36Duties of Local Union Officers

Section 1(a) The President will chair all LocalUnion meetings, enforce the constitutionand appoint committees not otherwiseprovided for. The President will sign allrequisitions for expenditures authorizedby the Local Union and countersign allcheques issued by the Financial Secre-tary. The President will be an ex-officiomember of all committees with the ex-ception of the election committee.(b) The President will appoint a per-son who will act as the Local Union’sorganizing liason. The Organizingliason’s duties would be to co-ordi-nate the Local’s organizing activities,to work with the National Organiz-ing Department and to report on or-ganizing initiatives and issues to thePresident, the Local Executive and theLocal membership.

Section 2The Vice-President(s) will assist thePresident in her/his duties and attendall Local Union meetings. If the Presi-dent is absent or incapacitated, the Vice-President will perform the President’sduties. Where there is more than oneVice-President, the Local Union will de-termine which one will assume the duties.Section 3The Recording Secretary will keep acorrect record of the Local Union pro-ceedings and sign all requisitions forfunds that have been authorized by theLocal Union. S/he will read all docu-ments and handle correspondence thatdoes not pertain directly to another of-ficer’s duties. S/he will file documentsand correspondence for future refer-ence. The Recording Secretary willbring any correspondence requiring ac-tion to the members’ attention.

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Presidentchairs meet-ings, enforcesconstitution,appointscommittees,signs requisi-tions andchequesEx-officiomember ofcommittees

Vice-Presi-dent helpsPresident, as-sumes dutiesif PresidentabsentLocal will de-cide whichVP assumesduties

RecordingSecretarykeeps min-utes, handlesand keepscorrespon-dence, bringsmatters tomembershipsigns requisi-tions

ART. 36

Section 4(a) The Financial Secretary will receiveall dues, initiation fees, reinstatementfees and all other income for any fundreceipts. Where a Local Union has acheck-off arrangement for dues, the Fi-nancial Secretary will issue one receiptfor the cheque received from the com-pany. Individual receipts will not be is-sued unless the company fails to showthe reason for and amount of the deduc-tion on the cheque stub or pay envelope.(b) The Financial Secretary will writeand sign all cheques. Every month,s/he will report in writing to the LocalUnion’s regular meeting. The reportwill include amounts received andspent during the previous month, list-ed by kind of income and expenditure,as well as the amounts remaining inthe Local Union’s funds.(c) The Financial Secretary will depositall money in the funds set up in thename and number of the Local Unionin banks, credit unions or trust compa-nies as the Local Union ExecutiveBoard directs.(d) By the 20th of each month, the Fi-nancial Secretary will send a report tothe National Secretary-Treasurer onforms furnished by the NationalUnion, together with the per capitataxes of the preceding month, whichbegins on the first and ends with thelast day. The Financial Secretary willhelp the National Union to see that allmembers receive the Official Publica-tion and will make available to eachmember a copy of the National consti-tution and Local Union bylaws.(e) The Financial Secretary will givethe National Secretary Treasurer thenames and addresses of all the LocalUnion officers. The Financial Secretary

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Financial Sec-retary takesin all money,issues re-ceiptswhere check-off, issuesone receiptonly to com-pany

writeschequesreportsmonthly inwritingincome, ex-penses or pre-vious month,amounts re-maining

deposits allmoney in fi-nancial insti-tution

sends month-ly report andper capitataxes to Na-tional Sec.Treas.helps Nation-al see mem-bers receivepublicationhas constitu-tions and by-laws formembers

keeps recordsof member-shipnotifies Na-tional Sec.Treas.

ART. 36

will notify the National Secretary-Trea-surer and keep a record of all membersinitiated, suspended, expelled, de-ceased, transferred in or out or rein-stated. S/he will keep a completerecord of all active members of theLocal Union, including the date of ini-tiation, the date and cause of suspen-sion or expulsion, the date of reinstate-ment, the date of death, home addressand any other information needed tokeep a record of the history of a per-son’s membership.(f) The Financial Secretary must notmake the membership list or recordsavailable to anyone except as set out inArticle 33.(g) The Financial Secretary will keepan inventory of all Local Unionrecords and property. When possible,s/he will include the date of purchaseand amount paid for each article. S/hewill notify members in arrears of theamount of their debt. When asked, theFinancial Secretary will turn over thebooks to the Trustees for audit and ap-proval. On demand of the NationalSecretary-Treasurer, s/he will producethe books for examination and audit.(h) If it is proven that a Financial Sec-retary intentionally failed to reportmonthly the full membership ofher/his Local Union to the NationalSecretary-Treasurer, or if it is proventhat a Local Union President or Finan-cial Secretary intentionally refused tosign a cheque to send in the fullamount of per capita tax, the LocalUnion may be suspended until itmakes up the deficiency. The officer(s)responsible will not be allowed to holdoffice for two years.(i) The Financial Secretary will deliverall Local Union money, records, andother property to her/his successor.

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sends ad-dresses LocalOfficers

membershiplist not avail-able

inventoryunionproperty

tell membersin arrears

presentbooks foraudit

intentionallyfailing to re-port or sendin money forfull member-ship resultsin suspensionof Localofficers re-sponsiblebarred fromoffice for 2years

hand money,records,property tosuccessor

ART. 36

Section 5(a) The Trustees will supervise allfunds and property of the LocalUnion. Twice a year, they will audit,or see that a Chartered Accountant se-lected by the Local Union ExecutiveBoard, audits the financial records. Forthis audit, they will use duplicateforms supplied by the National Union.They will send a copy to the NationalSecretary-Treasurer immediately. TheTrustees will also see that the LocalUnion’s financial officers are bondedin conformity with the laws of the Na-tional Union.(b) The Trustees will see that all fundsare deposited in a bank, credit unionor trust company in the name andnumber of the Local Union and thatthe President and Financial Secretaryare signing officers. In Local Unionsthat have safety deposit boxes, theTrustees will see that the signatures ofthe President, Financial Secretary andone Trustee are required.(c) If the books are not received foraudit 15 days after the end of each six-month period, the Chair of theTrustees will ask the next Local Unionmeeting to act.

Section 6The Sergeant-at-Arms will introduceall new members and visitors and as-sist the President in preserving orderwhen called upon to do so. S/he alsowill take charge of all property of theLocal Union not otherwise providedfor and perform other duties as as-signed.Section 7The Guide will maintain order, inspectmembership receipts or cards, make

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Trustees su-pervise fundsand propertyaudit bookssee financialofficers arebonded

see all fundsproperly de-posited, 3signatures forsafety de-posit box

if books morethan 15 dayslate for audit,chair reportsto next Localmeeting

Sergeant-at-Arms intro-duces mem-bers, visitors,keeps order

Guide makessure those atmeeting enti-

ART. 36

sure that all present are entitled to re-main in the meeting, and performother duties as assigned.Section 8(a) As well as the duties outlined inthis article, Local Union Officers willperform other duties as their bylawsset out or the Local Union may direct.(b) All Local Union officers must com-ply with the provisions of this consti-tution.(c) All Local Union officers, commit-tees, stewards and other membershandling funds or other property ofthe Local Union must turn over allfunds, property and records to theirsuccessors.

ARTICLE 37Duties of Local Union

MembersSection 1It will be the duty of each member toconscientiously seek to understandand exemplify by practice the intentand purpose of her/his obligation as amember of this National Union.Section 2Each member has the duty to helpbrother or sister members in case of ill-ness, death or distress.Section 3Each member has the duty to partici-pate in all municipal, provincial andfederal elections.Section 4A member who counterfeits or imi-tates National Union dues receipts, in-signia, label or buttons, or deliberatelyuses them, may, after a trial, be subjectto expulsion.

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tled to bethere, main-tains order

Local bylaws,Union mayset out moreduties

all officersmust turnover money,records tosuccessors

member’sduty to un-derstand andpractiseobligation asa member

help othermembers

participate inelections

member maybe expelledfor counter-feiting

ART. 36-37

ARTICLE 38Opening and Closing

Ceremonies“I now declare this meeting of LocalUnion No. of the National Auto-mobile, Aerospace, Transportation andGeneral Workers Union of Canada,(CAW-Canada), open for the transac-tion of such business as may properlycome before it.”The following order of business is sug-gested, but a Local Union may changeit:

1. Roll call of officers2. Read minutes of the previous

meeting3. Application for membership4. Voting on applications5. Initiation of candidates6. Report of Financial Secretary7. Reports of officers, committees

and delegates8. Communications and bills9. Unfinished business10. Good and Welfare11. Does anyone know of a member

out of work or in distress?12. New business13. Closing

Bourinot’s Rules of Order will be usedto decide questions of parliamentaryprocedure.

ARTICLE 39Initiation Ceremony

The President will say to the Guide:“You will now place the candidate be-fore me for the obligation.” The Guideescorts the candidate to the President.All new members will take the follow-

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opening

suggestedagenda

use Bourinotfor procedure

Guide escortsnew memberto President

ART. 38-39

ing pledge before they are admitted tofull membership in the union:“I pledge my honour to faithfullyobserve the constitution and laws ofthis union and the Charter of Rightsand Freedoms; to comply with allrules and regulations of the govern-ment thereof; not to divulge or makeknown any private proceedings of thisunion; to faithfully perform all the du-ties assigned to me to the best of myability and skill; to so conduct myselfat all times as not to bring reproachupon my union, and at all times tobear true and faithful allegiance to theNational Automobile, Aerospace,Transportation and General WorkersUnion of Canada, (CAW-Canada).”

ARTICLE 40Local Union Committees

Section 1The Local Union must have the follow-ing standing committees: Constitutionand Bylaws, Education, Environment,Recreation, Community Services,Human Rights, Union in Politics, andWomen’s. The Local Union may de-cide to set up additional committees.The Local Union or workplace organi-zation in an Amalgamated Local willdecide whether committee memberswill be elected or appointed.Section 2Each Local Union must have an educa-tion committee to promote all aspectsof education affecting the welfare ofthe members, the union and the labourmovement. Local Unions must makeevery reasonable effort to participatein the National Union’s education pro-grams and to promote training forlocal elected leaders at every level.

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new memberpledge

standingcommittees

Local mayaddLocal or unitdecides ifmembers ap-pointed orelected

locals to havean educationcommitteeand partici-pate in train-ing

ART. 39-40

ARTICLE 41Elected Workplace

RepresentativesSection 1All Stewards, Committeepersons andother workplace representatives are tobe elected for three-year terms. Theymust take the oath of office as noted inArticle 35.Section 2(a) An elected workplace representa-tive may be recalled by the memberss/he represents for failing to performthe duties of the office.(b) Members s/he represents will signa petition listing the specific com-plaints against the representative andfile it with the Local Union or unit. TheLocal Union or unit will notify therepresentative of the specific com-plaints and will give due notice to themembers of a special meeting forrecall. A two-thirds vote of the mem-bers present at the special meeting isrequired to recall.(c) Each Local Union or unit will set outin its bylaws the number of petitionersrequired for a recall and the quorumneeded to hold a recall meeting.(d) An elected workplace representa-tive can face recall only once duringhis/her term of office.Section 3With National Executive Board approval,elected workplace representatives maybe elected exclusively by and fromappropriate groups as happens in someratification procedures where skilledtrades and related workers, productionworkers, office workers, engineers,and technicians vote separately(Article 19, Section 3 b).

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workplacereps elected3-yearstake oath

rep may berecalled forfailing to per-form duties

memberssign petition,rep notified,recall meet-ing held, 2/3vote neededto recall

number ofsignaturesand quorumsize in by-laws

reps electedby and fromspecificgroups ifNEB ap-proved

ART. 41

Section 4No protest to an election can be con-sidered unless it is raised within sevendays of the closing of the polls or atthe next Local Union or unit member-ship meeting, whichever is later. To bevalid, protests prior to the member-ship meeting must be submitted inwriting to the Local Union.If, as a result of the protest, the LocalUnion orders a new election and theorder is appealed, the election will notbe held until the National Presidentrules on the matter.Section 5The Bargaining Committee may ormay not consist of the Local Union’sExecutive Board members.

ARTICLE 42Local Union Finances

Section 1Local Union funds must be used to de-fray all necessary expenses. Expendi-tures must be approved by the LocalUnion in membership meetings.Section 2All Local Union appeals for funds toother Local Unions must be approvedby the National President before beingrecognized. Such requests will be ap-proved or disapproved promptly.Section 3No Local Union will loan money fromunion funds to any member at any time.

ARTICLE 43Local Union Dues

Section 1A Local Union or unit of an Amalga-mated Local may set membership duesin an amount higher than the minimumdescribed in Article 17, Section 2. Or, ifits dues are higher than

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protest 7days after orat next meet-ing

Nat. Pres.must ordernew election

Bargainingcommitteedoes nothave to beExec. Bd

funds to beused fornecessaryexpensesmust beapproved bymembership

Local appealsto other Lo-cals requireNational ap-proval

no loansfrom unionfunds

Local may sethigher duesor reduce tominimum

ART. 41-42-43

the minimum, it may decrease itsmembership dues to an amount notless than the minimum.Section 2The Local Union or unit of an Amalga-mated Local will give the members atleast seven days’ notice of the pro-posed change and the meeting whereit will be decided. This action requiresa majority of the votes cast by secretballot at the meeting. Before the duesare changed, it must also be approvedby the National President.Section 3A Local Union or unit of an Amalga-mated Local may have a procedurethat a member who is delinquent be-cause of not paying dues forfeitsher/his membership without havingcharges laid against her/him.

ARTICLE 44Local Union Audits

Section 1The fiscal year of the Local Union willbegin on the first day of January andend on the 31st day of December.Section 2Trustees have the duty to audit orhave a Chartered Accountant audittheir Local Union books semi-annual-ly. They will use the forms supplied bythe National Union. The Trustees willsubmit the report to the Local Unionand a copy to the National Secretary-Treasurer.Section 3(a) If there are inaccuracies or discrep-ancies, the National Secretary-Treasur-er, with approval from the NationalPresident or the National ExecutiveBoard, has the authority to assign a

114

ratified bymajority insecret ballotand ap-proved byNationalPresident

may be pro-cedure forforfeitingmembershipfor non-pay-ment of dueswithoutcharges

Jan. 1 toDec. 31

Trusteesaudit or havebooks audit-ed twice ayearreport toLocal andNat. Sec.Treas.

Nat. Sec.Treas. canlook into dis-crepancieswith Nat.Pres. or NEBpermission

ART. 43-44

representative or Chartered Accoun-tant to take charge of and audit all fi-nancial books, records and accounts ofthe Local Union.(b) The representative or chartered ac-countant will give the report and find-ings to the Local Union President andthe National Secretary-Treasurer.Section 4(a) If a National Union investigation orany audit indicates that any member,alone or with others, has received orspent Union funds improperly or oth-erwise has engaged in financial mis-conduct, the National Secretary-Trea-surer will submit written details to theNational President. These will includethe exact nature of the alleged miscon-duct, the amount involved and whenit happened.(b) Within 15 days of receipt, the Na-tional President will send a copy byregistered mail to the accused member.If the member pays back the money orcorrects the financial misconduct, thePresident may end the investigation.However, if the member does notmake restitution or correct the miscon-duct, or if the President judges furtherproceedings are warranted, the Presi-dent may decide to hold a hearing.(c) Within 20 days after notifying themember, the National President willappoint a National Executive Boardmember or members or a staff memberto conduct a hearing. Within 10 daysafter selecting a hearing officer, the of-ficer will notify the member and theNational Secretary-Treasurer in writ-ing where and when the hearing willbe. The hearing must be held not lessthan 15 days nor more than 30 daysafter notifying the member and theSecretary-Treasurer. It will be held as

115

report to Nat.Sec. Treasand LocalPres.

if financialmisconductindicated,Nat. Sec.Tres. writesdetails toNat. Pres.

if membermakes resti-tution Pres.may decidenot to proceedhearing ifmember doesnot makerestitution orif Pres. de-cides to pro-ceed

Pres. ap-points NEBor staff rep toconduct hear-ingnotice tomember andNat. Sec.Treas. ofhearingboth may ap-pear withcounsel, wit-nesses

ART. 44

close as practical to where the memberlives. The Secretary-Treasurer and themember (or their representatives) mayappear with any counsel and witness-es they choose. The officer will con-duct a fair hearing and submit a writ-ten report to the National Presidentwithin 21 days of its close.(d) The National President will decidethe case based on the records and rec-ommendations submitted by the hear-ing officer. If the President decidesthere has been financial misconduct,s/he may order reimbursement andmay suspend the member fromher/his office or the right to seek anyoffice. The member will be notifiedpromptly.(e) Within 30 days of the notification,the member may appeal the Presi-dent’s decision under Article 24.(f) A suspension that is appealed willbe lifted automatically if the NationalExecutive Board does not rule on itwithin 120 days of the beginning of theappeal. If the member does not appealwithin the 30 days, or if the NationalExecutive Board upholds the suspen-sion by a two/thirds vote, the memberis removed from any position s/heholds and may not seek election or ap-pointment until there is full restitutionand the suspension is lifted by a two-thirds vote of the National ExecutiveBoard.Any member so suspended, whose ap-peal has been denied by the NationalExecutive Board, may further appealthe suspension either to the Public Re-view Board or the Convention AppealsCommittee as provided for in Article 24.(g) The procedure in this section is inaddition to and separate from any

116

report within21 days

Pres. decides,may order re-imburse-ment, sus-pend fromoffice or rightto seek office

may appealwithin 30days

if NEB doesnot rule onappeal in 120days, suspen-sion lifted au-tomaticallyif memberdoes not ap-peal, or NEBupholds sus-pension,member re-moved fromofficecannot seekanother untilfull restitu-tion and NEBlifts suspen-sion

procedure inaddition toother action

ART. 44

other action that may be taken againstthe member.Section 5A Local Union will not, in any circum-stances, write off the books or other-wise settle a sum that was spent or re-ceived improperly until it has the Na-tional Secretary-Treasurer’s approval.Section 6If it is claimed that a member owesnon-dues money to the Local Union,the National Union or the NationalStrike Insurance Fund and has not paidit, the Local Union will conduct a hear-ing. The member will be notified inwriting of the hearing and the details ofthe claim. If the hearing finds that themember owes the money, s/he will benotified in writing and given 30 days topay. If the member fails to pay in the 30days, the decision and hearing recordswill be sent to the National President. Ifthe National President decides thehearing was conducted properly, s/hewill tell the member and her/his LocalUnion that the member may not partici-pate until the debt is paid.The member will have the right to ap-peal the President’s decision under Ar-ticle 24.

ARTICLE 45Strikes

Section 1(a) A Local Union or the National Ex-ecutive Board may call a strike votewhen a Local Union or unit is in dis-pute with an employer about the nego-tiating of a collective bargaining agree-ment or other serious issue. All LocalUnion or unit members must receivenotice of the vote. Two-thirds of those

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Local Unioncannot writeoff sum untilNat. Sec.Treas. ap-proves

if memberowes non-dues money,Local con-ducts hearingif memberfails to pay,hearingrecords go toNat. Pres.Pres. tellsmember can-not take partin union af-fairs untildebt is paid

Local or NEBmay callstrike votesecret ballot,2/3 requiredto ask NEBfor permis-sion

ART. 44-45

voting by secret ballot is needed to re-quest strike authorization from theNational Executive Board. Only mem-bers in good standing will be entitledto vote.(b) Where a Local Union or Corpora-tion Council has a different ratificationprocedure as set out in Article 19 Sec-tion 3 (b), and the National ExecutiveBoard has approved it, they will usethe same method for accepting or re-jecting contract changes and the takingstrike votes.Section 2(a) If a Local Union bargaining com-mittee and the National Representa-tive assigned to it cannot reach anagreement with the employer, the Rep-resentative will submit a full report tothe National President, including arecommendation of approval or disap-proval of a strike. The National Presi-dent will send a copy to each NationalExecutive Board member togetherwith a request for their vote onwhether to approve a strike. Upon re-ceipt of the Board members’ votes, thePresident will quickly notify in writingthe National Representative and theLocal Union of the decision.(b) In an emergency, where delaywould seriously jeopardize the welfareof those involved, the National Presi-dent, after consulting other NationalOfficers, may approve a strike withwritten authorization.Section 3Only the National Executive Boardand the National President have thepower and authority to call, lead orengage in a strike or work stoppage, orto encourage any workers to take partin a strike or, in the course of their

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where sec-tions ratifyseparately,same methodfor strikevotes andvoting oncontractchanges

if no settle-ment, Reprecommendsto Nat. Pres.,who pollsNEB mem-bers for strikeapproval

emergency,NationalPresidentmay approvestrike

only NEBand NationalPresidenthave authori-ty to autho-rize strike orboycott

ART. 45

jobs, refuse to use, make or handle aparticular item. Neither the NationalUnion, nor a Local Union, nor a subor-dinate body, nor any of their officers,members, representatives or agentshave this power, except as authorizedby the National Executive Board or theNational President.Section 4(a) To end a strike, the Local Union orunit will call a special meeting where amajority vote by secret ballot of allmembers present will decide.(b) If the National Executive Board de-cides it is unwise to continue a strike,it will order the members involved toresume work. If the members do notcomply, the National Union may stopall assistance.Any such action must be confirmed bythe CAW Council or the Quebec Coun-cil.Section 5A Local Union or unit engaging in astrike without authorization is not en-titled to assistance from the Nationalor any Local Union.Section 6With National Executive Board ap-proval, the National President may re-voke the charter of any Local Unionengaging in unauthorized strike ac-tion. This action will cancel all privi-leges, powers and rights of such LocalUnion.Section 7In an extreme emergency, when the ex-istence of the National Union and thepreservation of members’ rights andliving standards are involved, the Na-tional President and the National Exec-utive Board may declare a general

119

majority se-cret ballotvote at spe-cial meetingto end strikeNEB mayorder mem-bers to returnto work andstop assis-tance

confirmed byCAW orQuebecCouncil

unauthorizedstrike not en-titled to help

NEB may re-voke charterfor unautho-rized strike

for a generalstrike, refer-endum voteof members,then 2/3 ofNEB

ART. 45

strike within the industry. The strikemust first be approved by the membersin a referendum and then be approvedby a two-thirds vote of the NationalExecutive Board. A majority vote of theNational Executive Board will be re-quired to end a general strike.

ARTICLE 46Family Auxiliaries

Section 1The National Union is committed tofamily involvement in the Union’s ac-tivities. Where the families of membersof a Local Union wish to improve con-ditions, protect the interests of theUnion, and foster a better understand-ing within the family of the Union’sgoals and activities, a charter for aFamily Auxiliary will be granted onapplication.Section 2The National Secretary-Treasurer willsupply an application form. The feewill be $10 for the charter and initialsupplies.Section 3Auxiliary dues will not be more than50 cents a month per member. The Na-tional Union will not charge a percapita tax.Section 4The Auxiliary will set up its bylaws sothat they do not conflict with the bylawsof its Local Union or this constitution. Itwill submit the bylaws to the NationalExecutive Board for ratification.Section 5The Auxiliary must follow this consti-tution and its Local Union bylaws andnot adopt policies contrary to the Na-tional or Local Union. The National

120

majority ofNEB to end it

families ofmembersmay set upfamily auxil-iary

charter fee$10

dues notmore than50¢

bylaws rati-fied by NEB

must followconstitutionand Local by-laws, NEBmay revokecharter

ART. 45-46

Executive Board may revoke its char-ter for an infraction of the constitutionor at the request of the Local Union.Section 6Family Auxiliaries will be adminis-tered through the National President’sOffice.Section 7The National President may call na-tional conferences of the Auxiliaries.Section 8Family Auxiliaries have a duty to ad-here to the principles and policies oftheir Local Union and the NationalUnion; to help their Local Unions intime of need and during labour dis-putes; and to assist Local Unions in so-cial affairs when called upon. LocalUnions will help to set up Family Aux-iliaries. Family Auxiliaries will notcampaign for or against candidatesseeking office in Local Unions. FamilyAuxiliaries will not interfere in LocalUnion affairs.Section 9No CAW-Canada Local Union mem-ber is eligible for membership in aFamily Auxiliary.

ARTICLE 47Union Label

Section 1The National Union will have a Unionlabel and stamp.Section 2The National Secretary-Treasurer willcopyright and protect the Union labeland stamp.Section 3The National Union and subordinatebodies will insist that all equipment

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administeredthrough Nat.Pres.

national con-ferences

duty to helpLocals, notinterfere, notcampaign inLocal elec-tions

CAW mem-ber cannotjoin auxiliary

nationalunion labeland stamp

Sec. Treas. tocopyright

everythingused to haveunion label

ART. 46-47

and supplies used to manufacture arti-cles under the jurisdiction of the Na-tional Union bear either the CAW-Canada label or another union label.Section 4Union representatives will insist thatthese provisions be written into allcontracts between employers and theNational Union.Section 5No item produced by workers underCAW-Canada jurisdiction will carrythe label or stamp unless the work-place has a contract approved by theNational Executive Board.Section 6The Local Union has the duty to seethat the National Union label is placedon all items produced by CAW-Cana-da members.Section 7Local Unions will educate their mem-bers about boycotts supported by theCanadian Labour Congress and en-dorsed by CAW-Canada. Local Unionsand members are encouraged to buyunion-made products and union ser-vices.

ARTICLE 48Retired Workers

Section 1The National Executive Board will es-tablish a retired worker structure with-in the National Union.Section 2 Chapters(a) A Local Union with 25 or more re-tired workers will maintain a LocalUnion Retired Workers Chapter. TheLocal Union will amend its bylaws ap-propriately.

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to be writteninto agree-ments

label not tobe put onitems madewhere nocontract

Local duty tosee label onall items

Locals to ed-ucate mem-bers aboutboycottsencouragedto buy union-made prod-ucts and ser-vices

25 or moreretired mem-bers, Localset up Re-tired Work-ers Chapter

ART. 47-48

(b) The Chapter will hold a generalmeeting of its members at least once amonth.(c) The Chapter’s members will elect aretired worker to be a member of theLocal Union Executive Board with voiceand vote, using the election proceduresset out in Article 34, Section 3 (b).(d) The Local Union President or de-signee will be a member of the govern-ing board of the Local Union RetiredWorkers Chapter with voice and vote.(e) Local Union Retired Workers Chap-ters will conform with National Unionpolicies.Section 3 Area Councils(a) The National President will estab-lish Area Retired Workers Councils indesignated geographic areas, or bycombination of designated LocalUnions, or on another reasonable basis.(b) The National Executive Board mayset up more Area Retired WorkersCouncils, if needed, to permit retiredworkers to participate in locales wherethey have settled in considerable num-bers.(c) Area Retired Workers Councils maybe either membership or delegate bod-ies, as the National President decides.If a Council is a membership body, allretired workers within its jurisdictionmay join the Council.(d) The President of each Local Unionwithin the jurisdiction of an Area Re-tired Workers Council is entitled toname one delegate to the Council.Section 4 National CouncilThe National President will set up aNational Retired Workers Councilwith representation as follows:(a) Each Local Union Retired Workers

123

meeting oncea month

elect a retiredworker toLocal Exec.Board

Local UnionPres. or de-signee mem-ber of Chap-ter’s exec.conform withNationalpolicies

Nat. Pres.set up areacouncils

NEB may setup morewhere num-bers warrant

can be mem-bership ordelegatedbodiesif member-ship, all re-tired workerscan joinLocal Pres.entitled toname onedelegate

Nat. Pres. setup Nationaldelegatedcouncil

ART. 48

Chapter is entitled to one retired work-er delegate.(b) Each Chapter with more than 1,000members is entitled to one additionalretired worker delegate for each 1,000members or major part of 1,000. TheNational Executive Board may ap-prove additional representation.(c) Each Area Retired Workers Councilthat was set up by the National Presi-dent is entitled to three retired workerdelegates. Each additional Councilthat was created by the National Exec-utive Board is entitled to one retiredworker delegate.(d) Each Local Union is entitled to onedelegate named by the Local UnionPresident.Section 5 Advisory Executive(a) A National Retired Workers Adviso-ry Executive will be established andwill meet quarterly. It will be composedof a chair, a vice-chair, a secretary, asergeant-at-arms, and six Advisory Ex-ecutive Board members-at-large. OneAdvisory Executive Board member willbe elected from Quebec, one AdvisoryExecutive Board member will be elect-ed from Western Canada at a specialRetired Workers Council, held onceevery three years in Western Canada.The remaining four Advisory Execu-tive Board menbers will be elected bythe National Retired Workers Council.The term will be for three years.(b) The National Executive Board willconsult with representatives of the Na-tional Retired Workers Advisory Exec-utive about programs and policies thataffect retired workers.(c) Each elected member of the NationalRetired Workers Advisory Executive isautomatically a delegate to CAW-Cana-da conventions with voice and one voteeach.matically delegates to the CAW Coun124

each chapterone delegate

if more than1,000, onemore for each1,000NEB may in-crease rep.

Councils setby Pres. have3 delegatesCouncils setby NEB haveone

Local Pres.names onedelegate

Nat. Adv.Exec meetquarterlychair, vice-chair, sec.serg., sixboard mem-bers.One electedfrom Quebec,one electedfrom WesternCanada, fourby NationalCouncil3-year termNEB consultswith Nat.Adv. Exec.

elected Adv.Ex. membersdelegates toconventions

ART. 48

(d) The chair, vice-chair, a secretary, asergeant-at-arms and three AdvisoryExecutive board members are automat-ically delegates to the CAW Councilwith voice and one vote each. The Ad-visory Executive board member elect-ed from Quebec is automatically a del-egate to the Quebec Council with voiceand one vote.Section 6 Membership and Dues(a) Membership in the Retired Workersbodies is open to any member entitledto retired membership status, as setout in Article 6, Section 12.(b) Retired workers are not required topay dues during retirement. To assistin financing, voluntary retired mem-bership dues are $1 per month. A LocalUnion that wants to increase theamount must have National ExecutiveBoard approval.(c) Dues will be allocated as follows:

• 55 cents to National RetiredWorkers Fund, of which 10¢ goesto the Area Retired WorkersCouncil

• 45 cents to Local Union RetiredWorkers Chapter

The National Executive Board will de-cide the distribution of funds from theNational Retired Workers Fund. EachLocal Union Retired Workers ChapterFund shall be held by the Local Unionfor disbursement upon the request ofthe Retired Workers Chapter.Section 7 BylawsThe National Retired Workers Council,the Area Retired Workers Councils,and the Local Union Retired WorkersChapters will have bylaws that areconsistent with this constitution andapproved by the National ExecutiveBoard.

125

delegates toCAW andQuebecCouncils

open to anymember enti-tled to retiredstatus

voluntarydues $1Local mayincreasewith NEBapproval

55¢ to Nat.45¢ to Chap-ter10¢ of 55¢ toArea CouncilNEB decideson Nat. fundLocal holdschapterfunds fortheir request

bylaws ap-proved byNEB

ART. 48

ARTICLE 49Severability

If any provision of this constitution isprohibited by law and therefore in-valid, or found to be void or unenforce-able, this does not invalidate any re-maining provisions in this constitution.

CAW-CANADA ETHICALPRACTICES CODESDemocratic Practices

CAW-Canada is proud of its democrat-ic heritage. Its constitution is designedto ensure all members have their fulldemocratic rights, both as individualsand through their elected representa-tives, to express themselves freely andto participate at all levels in the deci-sions governing the Union. Moreover,individual rights are protected againstinfringement or abuse, for membersmay appeal decisions concerning theadministration of the Union to theLocal Union, the National ExecutiveBoard and the Constitutional Conven-tion; and members have the right tosubmit appeals to the Union’s PublicReview Board, which comprises citi-zens with national reputations outsidethe labour movement, whose decisionsare final and binding.The democratic principles that have al-ways governed the National Unionand its Locals are1. Each member is entitled to shareequally in governing the Union. Eachmember has full freedom of speechand the right to participate in the de-mocratic decisions of the Union. Sub-ject to reasonable rules and regula-tions, each member has the right torun for office, to nominate and to votein free, fair and honest elections. In a

126

if one partfound in-valid, rest ofconstitutionstill in force

constitutionmakes suremembershave full de-mocraticrights, in-cludingrights of ap-peal

members fullshare in gov-erning,speech, vot-ing, electionfor office,criticize

ART. 48-CODES

democratic union, as in a democraticsociety, all members have rights, butthey also must accept correspondingobligations. All members have theright freely to criticize the policies andpersonalities of Union officials; how-ever, this does not include the right toundermine the Union as an institution,to vilify other members of the Unionand its elected officials, to carry on ac-tivities with complete disregard of therights of other members and the inter-ests of the Union, to subvert the Unionin collective bargaining, or to advocateor engage in dual unionism.2. Membership meetings will be heldregularly, with proper notice of timeand place. They will be conducted inan atmosphere of fairness.3. All Union rules and laws must befairly and uniformly applied. Discipli-nary procedures, including adequatenotice, full rights of the accused andthe right to appeal, will be fair andgive full due process to each member.4. Each Local Union will maintain ade-quate safeguards so that all its opera-tions are conducted democraticallyand fairly. No corruption, discrimina-tion or anti-democratic procedure willever be permitted.

Financial PracticesUnion funds are held for the benefit ofthe membership. Members are entitledto assurance that Union funds arespent for proper purposes. Membersare also entitled to be reasonably in-formed as to how Union funds are in-vested or used.1. The National Union and its LocalUnions will conduct their ownershipfunctions, including all contracts forpurchase or sale or for rendering

does not in-clude right toundermineunion as aninstitution orto vilify

regular meet-ings, fairlyrun

apply lawsand rulesfairly

no corrup-tion, discrim-ination, anti-democraticprocedures

funds areheld formembershipmembers en-titled to bekept in-formed

conduct own-ership func-tions likewell-run in-stitutions

127

CODES

housekeeping services, in line with thepractices of well-run institutions. Theywill secure competitive bids for majorcontracts.2. The National Union and its LocalUnions will not permit any funds to beinvested in a way that results in thepersonal profit or advantage of any of-ficer or representative of the Union.3. No contracts to buy, sell or supplyservices will result in the personalprofit or advantage of any officer, rep-resentative, or employee of the Union.Nor will any officer, representative oremployee of the National Union orany Local Union accept personal profitor special advantage from a businesswith which the Union bargains.4. Neither the National Union nor anyof its Local Unions will loan money toits officers, representatives, employeesor members, or members of their fami-lies.Health, Welfare and Retirement

Funds1. No official, representative or em-ployee of the National Union or aLocal Union will receive fees orsalaries of any kind from a fund set upto provide health, welfare or retire-ment benefits, except for reasonablereimbursement provided for in a col-lective bargaining agreement and ex-pressly approved by the National Ex-ecutive Board.2. No official, employee or other per-son acting as agent or representative ofthe National Union or a Local Union,who has responsibility or influence inadministering health, welfare and re-tirement programs or placing insur-ance contracts, will have any compro-mising personal ties, direct or indirect,

128

secure com-petitive bids

will not in-vest funds tobenefit an of-ficer or rep

no contractsto benefit of-ficer or repno officer orrep to acceptprofit frombusinessUnion bar-gain with

no loans

no one to re-ceive moneyfrom benefitsfund unlessset out inNEB ap-proved col-lective agree-ment

no ties withoutside agen-cies supply-ing services

CODES

with outside agencies such as insur-ance carriers, brokers, or consultantsdoing business with health, welfareand retirement plans.3. Complete records of the financial op-erations of all the Union’s health, wel-fare and retirement funds and pro-grams will be maintained in accordancewith the best accounting practice. Eachfund will be audited regularly.4. All audit reports will be available tothe Union members covered by thefund.5. The trustees or administrators ofsuch funds will make a full report tothe members covered by the fund atleast once each year.Business and Financial Activi-

ties of Union OfficialsAny person who represents CAW-Canada and its members, whetherelected or appointed, has a sacred trustto serve the best interests of the mem-bers and their families. Therefore,every officer and representative mustavoid any outside transaction thatgives even the appearance of a conflictof interest. The special fiduciary natureof Union office requires the highestloyalty to the duties of the office.1. The Union’s mailing lists are valu-able assets. To protect the interests ofthe entire membership, Union officersand representatives will not, underany circumstances, turn over a Unionmailing list to an outsider for use inthe promotion or sale of any goods orservices that benefit an individual or aprivate concern. Mailing lists are to beused only to promote the necessary le-gitimate functions of the Local Unionand for no other purpose.2. No officer or representative will

completerecords, au-dited regu-larly

records avail-able to mem-bers

report once ayear

must avoideven the ap-pearance ofconflict of in-terest

mailing liststo be usedonly forunionbusiness

129

CODES

have a personal financial interestwhich conflicts with her/his Unionduties.3. No officer or representative willhave any substantial financial interest(even in the publicly-traded, widely-held stock of a corporation except forstock-purchase plans, profit sharing ornominal amounts of such stock), inany business with which the CAW-Canada bargains.4. No officer or representative will ac-cept “kick-backs,” under-the-tablepayments, valuable gifts, lavish enter-tainment or any personal payment,other than regular pay and benefits forwork performed as an employee froman employer with which the Unionbargains or from a business or profes-sional enterprise with which the Uniondoes business.5. The principles of this Code apply toinvestments and activities made bythird parties on behalf of such officialsor representatives.

130

no financialinterest toconflict withUnion duty

no substan-tial interest inany businessUnion bar-gains with

no kick-backs, gifts

principlesapply tothird partieswhere usedto hideactivity

CODES

INDEX Art. page

Subject Index

Administrative body ..................................13 28-5820 57-58

Aerospace Council ......................................20 58Airline Council ............................................20 58Alternates ......................................................9 13Amalgamated Local Unions ......................27 83–84

Appeals:about: bargaining ..................................24 76

electing convention delegates ..........9 17elections in Local Unions ................34 96–103

41 112-113financial misconduct ........................44 114grievances ..........................................24 68

24 76improper charges..............................23 65interpreting constitution..................24 69interpreting contract ........................24 70Local Union or subordinate

body decisions ................................13 3224 6927 84

NEB decisions ..................................13 2824 75

National President decisions ..........14 35–36National Trial Committee

decisions ..........................................24 74spending dues on political

activity ............................................17 5124 76

suspension ........................................11 24–2524 75-76

content of ................................................24 70compliance with ....................................24 71limited types of ......................................24 69-70procedures for........................................24 70

Subject Index

Administrative body ..............................13 28-5820 57-58

Aerospace Council ..................................20 58Airline Council ........................................20 58Alternates ..................................................9 13Amalgamated Local Unions ..................27 83–84

Appeals:about: bargaining................................24 76

electing convention delegates ......9 17elections in Local Unions ..............34 96–103

41 112-113financial misconduct......................44 114grievances........................................24 68

24 76improper charges ..........................23 65interpreting constitution ..............24 69interpreting contract ......................24 70Local Union or subordinate

body decisions..............................13 3224 6927 84

NEB decisions ................................13 2824 75

National President decisions........14 35–36National Trial Committee

decisions........................................24 74spending dues on political

activity ..........................................17 5124 76

suspension ......................................11 24–2524 75-76

content of ............................................24 70compliance with ................................24 71limited types of ..................................24 69-70procedures for 24 70

Subject Index

Administrative body 13 28-5820 57-58

Aerospace Council ......................................20 58Airline Council ............................................20 58Alternates ....................................................9 13Amalgamated Local Unions......................27 83–84

Appeals:about: bargaining ..................................24 76

electing convention delegates ........9 17elections in Local Unions ................34 96–103

41 112-113financial misconduct........................44 114grievances..........................................24 68

..........................................................24 76improper charges ............................23 65interpreting constitution ................24 69interpreting contract ........................24 70Local Union or subordinate

body decisions ................................13 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 84

NEB decisions ..................................13 28..........................................................24 75

National President decisions ..........14 35–36National Trial Committee

decisions ..........................................24 74spending dues on political

activity ............................................17 51..........................................................24 76

suspension ........................................11 24–25..........................................................24 75-76

content of................................................24 70compliance with ....................................24 71limited types of......................................24 69-70procedures for........................................24 70

131

representation at....................................24 71routes of ..................................................24 66-70subjects of ..............................................24 67time limits on ........................................24 70-71to: Convention Appeals Committee ..24 74-76

Local Unions or subordinatebodies ..............................................24 73

National Executive Board................13 31–32..........................................................24 73-74

Public Review Board........................24 75-78Appeals Committee ....................................24 72

..........................................................24 74-75Appeals for funds........................................42 113Area Retired Workers Council: SEE

Retired WorkersAssets ..........................................................28 87, 90Audits:

Local Unions ............................................6 7..........................................................36 105–106..........................................................44 114–117

National Union ......................................13 34

Authority:constitution ..............................................3 5contracts..................................................14 37

..........................................................19 55

..........................................................34 96FFAW ......................................................29 90members ..................................................7 10

..........................................................30 91National Executive Board ....................13 28National President ................................14 34strikes ......................................................45 117

Auxiliaries: SEE Family AuxiliariesBargaining:

double dues............................................17 43special convention for ............................9 20

Bargaining Committee................................41 113..........................................................45 117

132

INDEX Art. page

Benefits: SEE SalariesBonds ..........................................................13 34

..........................................................14 38

..........................................................36 106Boycotts ........................................................47 122Building Corporations................................31 94

..........................................................32 95Business activities of Union officials ............ 129–130Bylaws:

CAW........................................................26 82Family Auxiliary....................................46 120Local Union ............................................30 91

..........................................................34 98

..........................................................36 106

..........................................................41 112National Executive Board can

repeal ....................................................13 32Quebec Council ....................................26 82Retired Workers ....................................48 122

Calendar month, definition .......................... 53CAW Council ..............................................11 22–23

..........................................................26 81-82

..........................................................28 90

..........................................................48 125Certification in Quebec ..............................14 40Charges:

against members....................................23 64–66against National Officers......................22 61

..........................................................22 63for election fraud ..................................34 101improper ................................................23 65–67malicious ................................................24 78violating ethical practices code ..........24 77–78

Charter:Family Auxiliary....................................46 120- 121Local Union ............................................28 85–86National Executive Board issues ........13 28revoking..................................................45 119

133

INDEX Art. page

134

INDEX Art. page

Chartered subordinate bodies ..................28 89Check–off......................................................17 45Communications Fund ..............................17 49Committeepersons: SEE Workplace representativesCommunity Services Committee ..............40 111Constitution:

amending..................................................3 5............................................................9 13, 18..........................................................13 32

appealing interpretation of ..................13 32..........................................................24 70

authority ..................................................3 5Constitution and Bylaws..............................1 5Constitution and Bylaws Committee ......40 111Constitution Committee ..............................9 17Constitutional Convention: SEE ConventionsContracts:

Local officers can enter ........................34 96National Executive Board can

make......................................................13 33National President can enter ..............14 37procedure ..............................................19 55–57Quebec Director ....................................14 39representing members ............................6 9union label..............................................47 122voting on ..................................................6 9

..........................................................45 118Conventions:

agenda ......................................................9 12authority ..................................................7 10committees ..............................................9 17–18credentials ................................................9 13elects National Executive Board..........11 22–23every three years ....................................9 11Local Union losing vote........................17 41–49minutes ..................................................14 37number of members in a Local..............9 14quorum ....................................................9 13

ratify Public Review Board ..................25 79Special ......................................................9 19–21unfinished business ................................9 12vote entitlement ......................................9 13–14SEE ALSO Delegates

Convention Appeals Committee ..............24 67..........................................................24 74

Corporation Councils ................................17 43..........................................................20 57–58

Credentials Committee ................................9 18–19Delegates to:

Area Retired Workers Councils ..........48 123CAW Council ........................................26 81

..........................................................48 123convention:

automatically ......................................9 16..........................................................48 123

cannot be bound ................................9 16election of ............................................9 17

..........................................................34 97–98eligibility of..........................................9 16

..........................................................18 54entitlement of Local Union................9 13, 14protesting election of..........................9 18redoing election of..............................9 19

Corporation Councils ..........................20 57National Retired Workers Council ....48 123Quebec Council ....................................26 82-83

..........................................................48 125Special Conventions................................9 19

Democratic Practices Code ............................ 126–127Departments ................................................13 33

..........................................................21 59–61Disputes ........................................................14 35Dues

check–off ................................................17 41- 42doubling..................................................17 43due by ....................................................17 48duplicate ................................................18 54

135

INDEX Art. page

exempt from ..........................................17 44-45Family Auxiliary....................................46 120Local Union changing ..........................17 42

..........................................................43 114member delinquent if not paying ......17 43minimum monthly ................................17 42ownership of ..........................................17 48political activity ....................................17 50–51receipts ....................................................17 46refund......................................................17 46skilled trades ..........................................17 42special arrangements ............................14 36

..........................................................17 43special funds ..........................................17 47Retired Workers ....................................48 125unit ..........................................................27 83SEE ALSO: Member in good standing

Education........................................................2 5Education Committee ................................40 111Education Department ..............................21 59Education fund ............................................17 48Election:

National Executive Board ....................11 22National President ................................11 22National Secretary–Treasurer..............11 22National Trustees ..................................11 22Quebec Director ....................................11 23reorganizing a subordinate body........13 31workplace representatives ..................41 112

Election Committee ......................................9 16..........................................................13 31..........................................................34 98

Eligibility:for any position......................................11 23, 25for membership ......................................6 8for National office ................................11 23, 25

..........................................................15 40–41if convicted of fraud..............................34 101-102

136

INDEX Art. page

in Local Union elections ......................11 25..........................................................15 40..........................................................18 53..........................................................34 94

to be National representative ..............11 25..........................................................15 40

to be temporary organizer ..................15 40Environment Committee............................40 111Ethical Practices Codes ..............................24 75

.............................................................. 126-130

Expenses: SEE SalariesExpulsion: SEE SuspensionFamily Auxiliaries ......................................28 85- 88

..........................................................46 120–121Family Education Program........................21 60Family Education Scholarship ..................21 60Financial Practices Code ................................ 127–128Financial records ........................................14 38Financial Secretary ........................................6 7

..........................................................17 45–46

..........................................................22 63

..........................................................36 105–108Fiscal year, Local Union ............................44 114Fiscal year, National Union ......................16 41Fishermen, Food and Allied Workers ......11 22

..........................................................28 90

..........................................................29 89–91Forge and Foundry Council ......................20 58Full–time:

National Officers ..................................11 22–23..........................................................14 34, 35

only one position ..................................12 28Funds:

education ................................................17 49–50general funds ........................................17 47-48human rights..........................................17 47, 49International Affairs..............................17 50

137

INDEX Art. page

leisure and recreation ..........................17 47- 50National Executive Board manages....13 32National Secretary-Treasurer keeps ..14 38new member orientation ......................17 41organizing ..............................................17 48organizing, education,

communications..................................17 50political education ................................17 47, 49Retired Worker ......................................17 47, 49strike insurance......................................17 48

..........................................................17 50women ....................................................17 47, 49

General funds ..............................................17 47–48Grievances ......................................................6 9

..........................................................24 68Guide ..........................................................36 109Headquarters ................................................4 5

..........................................................14 37Health, welfare and retirement funds.......... 128–129Hearings on misuse of funds ....................44 115–116Human rights ..............................................17 49

..........................................................40 111Illness, members ............................................6 8Independents, Parts, Suppliers

Council ....................................................20 58Industry–wide Council ..............................20 58Initiation fees..................................................6 7

..........................................................17 41

..........................................................18 53International Affairs fund ..........................17 49Joint councils ................................................27 83–84

..........................................................30 93Jurisdiction ....................................................5 6Leisure ..........................................................17 47Loans ..........................................................17 50

..........................................................42 111

138

INDEX Art. page

139

Local Unions:affiliate to................................................20 57

..........................................................26 81-82

..........................................................30 91agenda ....................................................38 110bylaws ....................................................30 91chartered subordinate body ................28 90committees ............................................40 111disbanding..............................................28 88dues and fees..........................................17 43education ................................................21 60election fraud ........................................34 100election protest ......................................34 100eligible for convention............................9 14Executive Board ....................................34 95-96

..........................................................48 122Executive Officers

duties of ............................................36 106–108elections of ........................................34 96–97list of ..................................................34 95

funds ......................................................17 47..........................................................42 113..........................................................44 114–116

inform of contract changes ..................21 59meetings..................................................30 92National Executive Board helps..........13 31–32new member orientation fund ............17 41notify member of non–payment ........17 43number of members in ..........................9 13Officers:

attending meetings ..........................30 92duties ..................................................10 21

..........................................................34 95election of ..........................................34 96–98eligibility to be ..................................34 96-97

..........................................................36 107installation ........................................34 97

..........................................................35 102-104term of office ....................................34 96

publications............................................21 61

INDEX Art. page

140

ratify national agreements ..................19 56SEE ALSO Subordinate bodies

Lockouts: SEE StrikesMeetings:

Local Unions ..........................................30 92–93National Executive Board ....................13 29–30regular ........................................................ 127Retired Workers ....................................48 122

Member:changing locals ........................................6 8delinquent if dues not paid..................17 43duties ......................................................22 63

..........................................................37 108-109duty when appealing............................24 67eligibility ..................................................6 7–8

..........................................................46 121honourary ................................................6 10illness ........................................................6 8

..........................................................17 46in good standing....................................17 44-45

..........................................................18 54must pay dues........................................17 42objecting to political activity................17 51owing non–dues money ......................44 114reinstatement ........................................17 44retired workers ......................................48 122subject to charges while on

withdrawal ..........................................18 55termination ............................................18 52union exists for ........................................2 5

Membership:application for..........................................6 6approve expenditures ..........................42 112authority ..................................................7 10cards and receipts....................................6 7date effective ............................................6 6

..........................................................18 52–53during organizing ..................................6 7forfeit if dues not paid ..........................43 113

INDEX Art. page

141

in one local ..............................................6 8initiation..................................................39 111list ..........................................................33 93

..........................................................36 106monthly report ........................................6 7records ....................................................14 37

..........................................................36 105Mergers ..........................................................8 11Minutes ........................................................13 30

..........................................................14 37National Councils........................................20 57–59National Departments ................................21 59–60National Executive Board:

amends constitution..............................13 31appealing the decisions of....................13 30authority ..................................................7 10calls special conventions ........................9 19changes actions of national

officials ................................................13 30charges against: SEE Charges,

National Officerscontracts..................................................13 33

..........................................................19 55–56duties ......................................................13 28–34handles appeals ....................................13 32–33

..........................................................23 65

..........................................................24 66, 70manages National Union affairs ........12 28

..........................................................13 33–34meetings..................................................13 28members:

duties of ............................................10 22list of ..................................................11 22–23report ..................................................14 35

..........................................................17 42serve....................................................13 28term of office ....................................11 26

INDEX Art. page

142

trials of: SEE Trials of National Officersminutes ..................................................13 30political activity ....................................17 51quorum ..................................................13 29relations with subordinate bodies:

aiding Local Unions ........................13 33–34..........................................................17 43

approving ratificationprocedure ........................................19 56

control Local Union assets ..............28 87election fraud ....................................34 102reorganizing subordinate

bodies ..............................................13 31repealing bylaws ..............................13 32setting up Amalgamated Locals ....27 83

..........................................................28 89special meetings ....................................13 29vacancy ..................................................11 26

National Officers:charges: SEE Chargesduties ......................................................10 22list of........................................................11 22–23NEB can change decision of ................13 30oath..........................................................11 25trials: SEE Trials

National President:authority ..................................................7 10duties ......................................................14 35–37

..........................................................19 56

..........................................................20 59

..........................................................42 113election....................................................11 23settles appeals ........................................24 69vacancy ..................................................11 26SEE ALSO Salaries

National Representatives:appointment/removal..........................14 37duties ......................................................10 22general ....................................................15 40–41

INDEX Art. page

143

NEB can change decision of ................13 30SEE ALSO Salaries

National Retired Workers AdvisoryExecutive: SEE Retired Workers

National Retired Workers Council:SEE Retired Workers

National Secretary-Treasurer:authority ..................................................7 10convention duties ....................................9 12

9 17–21duties ......................................................14 38–39

..........................................................17 41, 44

..........................................................19 57election....................................................11 23Local Union audits ................................36 105

..........................................................44 114–117Public Review Board ............................25 81strike fund ..............................................17 48union label..............................................47 121vacancy ..................................................11 25SEE ALSO Salaries

National Union Trial Committee:choosing..................................................22 62–63

National Women’s Fund ............................17 50Negotiations ................................................19 55

..........................................................20 56–57New member orientation fund ................17 41Non–legislative body..................................20 57Non–members ..............................................6 10Normal work week, definition...................... 44Oath 11 ......................................................25Objectives ......................................................2 5–6Organizing, education,

communication fund..............................17 49-50Organizing fund ..........................................17 48

INDEX Art. page

Outside organizations ..................................2 5..........................................................13 33

Paid Education Leave Program ................21 60Per capita tax:

basis for convention delegates ..............9 13CAW Council ........................................26 81Corporation councils ............................20 57division of by National Union ............17 49Family Auxiliaries ................................46 120Financial Secretary sends ....................36 10659% of dues ............................................17 48notifying of failure to pay ....................14 39Quebec Council ....................................26 83suspension for non–payment ..............17 48

Political action................................................2 5..........................................................17 50–51

Political Education Fund............................17 47President, Local Union ..............................36 104

..........................................................48 122Principles .......................................................... 1–2Property: SEE AssetsPublic Review Board ..................................24 68

..........................................................24 73–76

..........................................................25 76–78Quebec Council ..........................................26 82–83

..........................................................28 90

..........................................................48 124Quebec Director:

duties ......................................................10 22..........................................................14 39–40

election....................................................11 23vacancy ..................................................11 26SEE ALSO Salaries

Quorum:convention................................................9 12National Executive Board ....................13 29

Ratification ..................................................19 56Recalling workplace reps ..........................41 111

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INDEX Art. page

Receipts for dues ........................................17 47Recording Secretary ....................................36 105Recreation Committee ................................40 111Recreation Fund ..........................................17 50Referendum:

general strike..........................................45 119for a special convention..........................9 19–20to appeal Joint Council decision ........27 84when unit leaves Amalgamated

Local......................................................28 89Research Department ................................21 59Resolutions ....................................................9 12–13Resolutions Committee ................................9 18Resuming a position ..................................11 25Retired Workers:

Area Councils ........................................48 122Chapters..................................................48 122Department ............................................17 50Fund ........................................................17 47, 49members ..................................................6 9

..........................................................48 122–125National Advisory Executive ..............48 123–123National Council ..................................48 123

Retirement ......................................................6 10..........................................................11 25

Rights:of members ................................................ 126of National Officers when charged ....22 61of unit ......................................................27 83to representation....................................24 67

Run–off elections in Local Union..............34 98Salaries:

full–time National Officers ..................12 26–28National Board honorariums ..............12 27National Representatives ....................12 27–28national staff ..........................................13 34temporary organizers ..........................12 27–28

Seal of National Union ..............................14 39

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INDEX Art. page

Sergeant-at-Arms ........................................36 108Skilled trades................................................17 43

..........................................................19 56Skilled Trades Council................................20 58Special convention: SEE ConventionsSpecial National Executive Board

meetings ..................................................13 29..........................................................14 35..........................................................22 61

Staff, Local Union........................................30 93-94Staff, National Union ....................................6 10

..........................................................13 33

..........................................................14 37SEE ALSO National RepresentativesSEE ALSO Salaries

Stewards: SEE Workplace representativesStrike Insurance Fund ................................17 48

..........................................................17 50Strike:

authorizing ............................................13 28ending ....................................................45 119general ....................................................45 119National Executive Board aids in........13 33number of members during ..................9 13unauthorized..........................................45 119vote ............................................................6 9

..........................................................45 117working elsewhere during ....................6 8

Sub-corporation Councils ..........................20 58SEE ALSO Corporation Councils

Subordinate bodies:constitution ..............................................1 4disbanding..............................................28 87duties ......................................................30 91-92list of chartered ......................................28 89National Executive Board can

act against ............................................13 31National President may call

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INDEX Art. page

meeting of ............................................14 36reorganization of ..................................13 30–31

Suspended member eligible fornew local ....................................................6 7

Suspension:for counterfeiting union label..............37 109for election fraud ..................................34 102for misuse of funds ..............................44 114for non-payment of dues......................17 43for taking nomination while

in rackets ..............................................11 23–24for working for decertification ............11 24–25from office ..............................................30 92of Local Union:

for non-payment ..............................17 48–49..........................................................36 105–107

from CAW Council ..........................26 81-82from Quebec Council ......................26 82officers ................................................13 32

of National Officer ................................22 62Technical, Office, Professional

Council ....................................................20 58Temporary organizers ................................14 36–37

..........................................................15 40SEE ALSO Salaries

Trials of National Officers..........................22 61–64SEE ALSO Charges

Trustees, Local ............................................36 106-108..........................................................44 114

Trustees, National ......................................11 22–23..........................................................11 26..........................................................13 34

Union label ..................................................37 109..........................................................47 121

Union officials..............................................10 22.............................................................. 129

Unit withdrawing fromAmalgamated Local ..............................28 87

147

INDEX Art. page

United Auto Workers ..................................5 6Vacancy:

Local Union office ................................11 25..........................................................34 99

National officers ....................................11 26Vice-president, Local Union ......................36 104-105Voting:

at conventions ..........................................9 13–15............................................................9 20

at corporation councils ........................20 58SEE ALSO Ratification

Withdrawal-Transfer:member in good standing ....................17 45cards ........................................................18 53eligibility ................................................18 54replacing cards ......................................18 54termination of ........................................18 53–54to members promoted out of

union ......................................................6 8to other unions ......................................18 53to retired members ..................................6 9–10

Women’s Committee ..................................40 111Women’s Committee Fund........................17 47Work, only one full-time job........................6 8Workplace Council......................................30 92Workplace representatives ..........................6 9

..........................................................41 112–113

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FIRST NATIONALEXECUTIVE BOARD

Robert White R.F. NickersonPresident Secretary-Treasurer

Claude DucharmeQuebec Director

Members-at-LargeRoxie Baker Phil BennettJohn Bettes John DefalcoT. Flynn Brian Feil

Ken Gerard

TrusteesGerry Michaud Ken Ouellette

NATIONALEXECUTIVE BOARD

Basil “Buzz” Hargrove Jim O’NeilPresident Secretary-Treasurer

Luc DesnoyersQuebec Director

NEB TrusteesChristine Connor Bill King

Evelyn Sy

NEB Member-at LargeNancy McMurphy

General Members-at-LargeVince Bailey Whitey MacDonaldChris Buckley Earle McCurdyJulie Herron Jim MitchellKen Lewenza Marcel Rondeau

Jim Woods

Chairperson,National Retired Workers

Advisory ExecutiveLen Harrison