By-Laws

INDEX

ARTICLE                                                   PAGE

Obligation                                                                                                                     1

Preamble                                                                                                                      1

Art. 1 Cancellation of Bylaws                                                                                     2

Art. 2 Name                                                                                                                   2

Art. 3 Definitions of these Bylaws                                                                             2

Art. 4 Supremacy of Constitution                                                                               2

Art. 5 Purpose                                                                                                                2

Art. 6 Membership                                                                                                         2

Art. 7 Rights of Members                                                                                             2

Art. 8 Obligation of Members                                                                                       2

Art. 9 Beginning of Membership                                                                                3

Art. 10 Retention of Membership                                                                                3

Art. 11 Responsibility of Status Changes                                                                 4

Art. 12 Union Dues                                                                                                         4

Art. 13 Authority for Employment                                                                                   5

Art. 14 Authority for Employment of Member                                                               5

Art. 15 Benefit and Welfare                                                                                            5

Art. 16 Social Committee                                                                                               5

Art. 17 Local Assistance                                                                                                 5

Art. 18 Membership of the Executive Board                                                                6

Art. 19 Meeting of the Executive Board                                                                         6

Art. 20 Honorarium                                                                                                           6

Art. 21 Order of Business of the Executive Board                                                       7

Art. 22 Bonding of Officers                                                                                                7

Art. 23 Designation of Officer, President/Business Agent                                          8

Art. 24 Executive Vice President                                                                                      8

Art. 25 Financial Secretary Treasurer                                                                             8

Art. 25.01 Recording Secretary                                                                                      9

Art. 26 Vice Presidents                                                                                                    9

Art. 27 Shop Steward                                                                                                       9

Art 27.01 Duties of Shop Steward                                                                                10

Art. 27.02 Illness                                                                                                               10

Art. 27.03 Shop Steward meetings                                                                               10

Art. 28 Resignations                                                                                                         11

Art. 29 Filling of Vacant Positions                                                                                   11

Art. 30 Incapacity of Officers                                                                                              11

Art. 31 Meeting of the Local                                                                                               12

Art. 32 Order of Business for General Meeting                                                              12

Art. 33 Special Meeting                                                                                                        13

Art. 34 Order of Business of a Special Meeting                                                               13

Art. 35 Discipline                                                                                                                    13

Art. 36 Duration of a speech during debate                                                                      13

ARTICLE                                                   PAGE

Art. 37 Quorum                                                                                                                        14

Art. 38 Conduct of member all Meetings                                                                          14

Art. 39 Order of Precedence of Routine Motion                                                               14

Art. 40 Notice of Motion                                                                                                         15

Art. 41 Reconsideration after Rescinding                                                                        15

Art. 42 Committees                                                                                                               15

Art. 43 Special Committees                                                                                                15

Art. 44 Order of Business of Special Committee meetings                                          16

Art. 45 Donation and Honoraria                                                                                          16

Art. 46 Special Charitable Donations                                                                                  16

Art. 47 Reward for Assault                                                                                                     16

Art. 48 Nomination and elections of Officers and Shop Stewards                                 16

Art. 48.01 Duty of Tellers                                                                                                         18

Art. 48.02 Counting, Scrutineers                                                                                            19

Art. 48.03 Balancing of the Ballots and Electoral List                                                        19

Art. 49 Recount                                                                                                                           19

Art. 50 Official Members Expenses                                                                                         20

Art. 51 Course Expenses                                                                                                          20

Art. 52 Allowances                                                                                                                      20

Art. 53 Expense monies                                                                                                            20

Art. 54 Negotiation with the Employer                                                                                     21

Art. 55 Changes in the Bylaws                                                                                                  21   

Art. 56 Lost wages and Vacation Pay                                                                                       22

Art. 57 Matters not covered                                                                                                         22

Art. 58 Long Term Disability                                                                                                       22

Art. 59 Honoring Retiring Members                                                                                          22

OBLIGATION

            I,………………………….. in the presence of God and the members of this Union, do solemnly promise and pledge (without any reservation or evasion) to support the Constitution and General Laws of the Amalgamated Transit Union.  I will keep myself in good standing by paying all dues, fines and assessments required.  I will work to promote the best interests of this Union and encourage my fellow workers to become members of the same.  I will not take the place of any member of this organization, or any other union worker who may be on strike or locked out.  I will not reveal any of the private business to anyone not entitled to know the same.  I will not engage in activity evidencing gross disloyalty nor in conduct otherwise unbecoming a member, and will not knowingly wrong a member or see one wronged if in my power to prevent it.  I will not appeal to any legal authority in matters pertaining to this Union until I have exhausted all means of redress provided by its laws.  I will be considerate of others in word and action and will never discriminate against a fellow worker on account of race, religion, creed, sex, sexual orientation, age, disability, citizenship, or national origin.  I also promise to promote the cause of trade union principles and defend freedom of thought, whether expressed by tongue or pen, with all the power at my command.

            I understand there is nothing in this obligation that will in any way interfere with my political and religious rights or that will be in any way inconsistent with my duties arising from any of the relations of life.

            This obligation I take upon my honor, and solemnly promise to keep the same, as long as I remain a member of this Union. 

                                                               THE PREAMBLE

These by-laws are proposed to promote the success of the Local Union and to advance the interests of its members, in conformity with principles which should regulate human action, among which are duty, truth and justice by securing the formulation of policy and the direction of action by the acceptance of Bylaws through which discussion is permitted and controlled and which enable executive action to be kept within legislative authority while giving the executive the scope necessary for efficient administration.  

It is proposed to secure these ends, progressively, upon resolutions adopted after debate and deliberation by the Local Union, by collective bargaining, negotiations, conciliation, arbitration, or by any other method consistent with the maintenance of the best interests of society in general and of the Local Union in particular.

It is proposed to defend the rights of the members of this Local Union as these rights are, or maybe established by law and to cooperate with all persons charge with the responsibility of the administration of any office or offices concerned with the preservation of these rights.

It is proposed, more over, to provide opportunity for the Local Union to assist in the establishment of order, in the assurance of harmony, in the securing of the blessing of friendship and the advantage of equality of mankind.

It is proposed further, to preserve the rights of individuals and of groups within the Local Union without destroying the integrity of the Local Union itself.

 BY-LAWS.

ARTICLE 1:  Cancellation of Bylaws.

Every Bylaw at present in existence shall remain in existence, except those, which are specifically changed by due process.

ARTICLE 2:  Name.

This Local shall be known as Local 1573 of the Amalgamated Transit Union. (A.T.U.)

ARTICLE 3:  Definitions in these Bylaws.

Constitution shall mean the Constitution & General Laws of the A.T.U. Bylaw shall mean any one of the Articles which make-up these Bylaws. L.U. shall mean Local Union 1573 of the A.T.U.  Union shall mean the A.T.U.  Pres/B.A. shall mean President Business Agent, F.S. shall mean Financial Secretary, R.S. shall mean Recording Secretary, E.B. shall mean Executive Board, Exec. V.P. shall mean Executive Vice President, C. A. shall mean Collective Agreement and G.M.M. shall mean General Membership Meeting.    In these Bylaws, the masculine may be deemed to be the feminine and vice-versa.

ARTICLE 4:  Supremacy of Constitution.

The Constitution shall, at all times and in every way, have precedence over the Bylaws of the L.U. and if any conflict arises between the Constitution and these Bylaws the Constitution shall govern.

ARTICLE 5:  Purpose.

The purpose of the L.U. shall be consistent with and based upon the statement, known as the preamble and may briefly be stated to be the advancement of the members of the L.U. having due consideration of the needs of society, of the place of the L.U. within society and the contribution made by persons not now living.

ARTICLE 6:  Membership.

Membership in this L.U. shall be limited to those persons who meet the qualifications of members as stated in the Constitution and General Laws. A member who has not been sworn in at a meeting or at the Union Office by the President of the Local or his designate is a member not in good standing.

ARTICLE 7:  Rights of members.

Members Rights shall be as described in the C.A., the Constitution and these Bylaws.

Article 8: Obligation of Members.

Obligation of members to the Union shall be as per the Obligation he/she took when he/she was sworn in as a member. A violation of one's obligation is the same as a violation of the Constitution and local by-laws.

ARTICLE 9:  Beginning of Membership.

Membership in the L.U. shall be held to have begun on the first of the month of signing application form.

ARTICLE 10:  Retention of Membership.

Members who retire on pension from active service and who continue to remain in good standing will be entitled to the following rights:

a)         They will have voice but no vote on any matters affecting the Local Union except that            they shall have the right to vote in the election of Local Union Officers and delegates to Conventions elected by and from the Local Union but not in the election of any other officers or delegates.

                        (i)         They can only exercise their right to vote in the section in which they were employed at the time of their retirement.

b)         Members leaving their employment for other reasons than retirement shall not be entitled to the above.

c)           A member who retires as above and wishes to remain a member of the A.T.U. shall pay   his/her per capita taxes on arrangement with the F.S. of the L.U.

d)          A member who holds an elected or appointed position in the Local Union will not be permitted to bid for a management position or any other vacancy where the member is or will be regularly scheduled to act or substitute for Supervisory personnel.  He/she must resigned his/her elected or appointed position in the L.U. prior to submitting their application for an acting or permanent management position.

e)          A member who accepts and performs work in a NON-BARGAINING UNIT capacity shall not be entitled to any privileges or rights under these Bylaws and the C.A., while so acting.

f)           Any member on an unpaid leave of absence for more than a month shall assume responsibility of paying his/her per capita tax or be suspended from the A.T.U.

(i)         Any member on extended maternity or paternity leave shall assume the responsibility for paying his/her per capita tax or be suspended from the A.T.U.

(ii)        Any member suspended for the above reasons shall, pay the initiation fee as per the Constitution to The International Union; his/her seniority will be restarted for the death benefits from the date of their reinstatement as per the Constitution.

ARTICLE 11:  Responsibility for Status Changes.

A member is fully responsible for the provision of his/her address or other necessary information to the F.S. as per Section 21.8 of the Constitution.

ARTICLE 12:  Union Dues.

a)         The method by which the dues may be received shall be determined by the Pres/B.A. and the F.S., subject to any agreement, which may exist with the Employer.

b)          Any change in the amount of dues, in method or in time of receipt, shall only be made to a G.M.M. of the L.U. and only upon Notice of Motion given specifically.

c)         In making a decision in reference to Dues the General Meeting shall take cognizance of and act according to any agreement, which then exists with the Employer. Dues for all employees shall be as determined by the L.U.

d)         The initiation fee shall be $300.00, in increments of $50.00 for six pay periods once probation is over.  The initiation fee from new members shall be deposited into the Building Fund.

e)         Regular Monthly Union Dues shall be two and one half (2 1/2) Hours of pay per member per Month, plus any increase in wages as per the C. A..

f)           Six (6) dollars of the above monthly dues shall be placed in the Defense Fund.

(g)        Any member on an unpaid leave of absence, on maternity or paternity leave or W.S.I.B. for more than a month shall assume responsibility of paying his/her per capita tax or be suspended from the A.T.U. It will be the responsibility of the F. S. to ensure that all monies owing (e.g. union dues) are paid promptly to the L.U.

(h)        Any member suspended for the above reasons shall, pay the initiation fee as per the Constitution to The International Union; his/her seniority will be restarted for the death benefits from the date of their reinstatement as per the Constitution.

(i)                  Any members on L.T.D. will assume the responsibility for paying his/hers per capita tax or be suspended from the A.T.U.

(j)         Long Term Disability premiums or any other premium properly sanctioned by the Local, shall be collected in a manner and at an amount as determined by the membership of the Local.

(k)        In the event any grievance is taken beyond step three (3) in the grievance procedure,  all cost shall be borne through a special per capita assessment on the active membership, as per Section 21.15 of the Constitution and General Laws. All decisions whether to take a Grievance to arbitration will be voted on by a secret ballot. All members will be informed of such action by a posting on union bulletin board 5 days prior to a monthly meeting.

ARTICLE 13:  Authority for Employment.

The E.B. may authorize the employment of any person(s), not a member(s) of the L.U. and shall determine the condition of such employment and the amount to be paid for such as well as the method of payment. The General Meeting next following the meeting of the E.B. at which the decision was made shall ratify this decision of the E.B.

ARTICLE 14:  Authority for Employment of Member(s).

The E.B. may authorize the Pres/B.A. or the Exec. V.P. or F.S., acting jointly or individually to seek the assistance of a member(s) of the L.U. in doing the work of the L.U.  Such authorization is to be obtained in consultation with the E.B.  It is provided that in resolving upon the granting of the authority the E.B. shall set limits to the use of the authority. It is provided further that a member(s) engaged in work of the L.U. which has been authorized, shall be paid a Per Diem rate.

ARTICLE 15:  Benefits and Welfare.

a)         The L.U. shall pay only in a case of a death in the immediate family.  Immediate Family shall be; Spouse, parents, children, step children, grandparents, common law spouse, same sex partner, grand children, sisters and brothers.  It shall spend $ 75.00 or any other amount deemed appropriate for flowers or donation to a charitable organization of the family's choice.

b)         The Pres/B.A. or his designate shall attend the funeral of a deceased member of this L.U. and perform such duties as may be required of him/her and shall be fully compensated by the L.U. for all expenses incurred.

c)          The Pres/B.A. or his designate will be paid for expenses incurred and lost time related to funerals.

ARTICLE 16: Social Committee.

(a)        The Social Committee will be separate and operated on a volunteer basis.  The Chairperson will be responsible to the E.B.  He/she will be appointed by the Pres/B.A. in each case as required, in the same manner as other appointed positions.  The R.S. shall be the liaison to the E.B.

(b)        In September of each year, the Social Committee shall present an itinerary of events for the year, including anticipated costs of each event.  The approval of this agenda of events shall be achieved through a Notice of Motion at the next following G.M.M.

ARTICLE 17   Local Assistance.

(a)        Local assistance for members shall be handled entirely by the E.B. The Pres/B.A. and the F.S. have authority to advance a member the sum of $500.00 in case of disaster such as fire and the E.B. may authorize a further $500.00.

(b)        Repayment shall be at the discretion of the E.B.

ARTICLE 18:  Membership of the Executive Board.

a)          The E.B. of the L.U. shall be:

            1)         President Business-Agent,

            2)         Executive Vice-president,

            3)         Financial Secretary-Treasurer,

            4)         Vice-presidents,

            5)         Recording Secretary.

b)         A member of the E.B. shall be the Correspondent to the Union Journal. The President shall appoint him after the General Election of the L.U. for the term of office.

ARTICLE 19:  Meetings of the Executive Board.

There shall be a meeting of the E.B. once in each calendar month, which will be called at a time and place to be decided by the E.B.

a)         A special meeting may be called, whenever in the opinion of the Pres/B.A. or a majority of the E.B., such a meeting is required and provided that the time and place of the meeting shall be decided upon by the Pres/B.A. and that the members of the E.B. shall be notified of the purpose for which the meeting is being called and the deliberation will be kept within the scope of purpose for which the meeting is called.

b)          A majority of the E.B. shall constitute a quorum.

c)         Meetings of the E.B. in the months of July and August shall be called as required, otherwise they shall not occur.

ARTICLE 20: HONORARIUM

All elected officials of the local will be compensated by the highest hourly rate of pay in the Bargaining Unit

            President Business/Agent                                                            25 HR.PER MONTH

            Executive Vice-President                                                            15 HR. PER MONTH

            Financial Secretary Treasurer                                                           15 HR. PER MONTH

            Recording Secretary                                                                        15 HR. PER MONTH

            Vice-president Maintenance                                                        15 HR. PER MONTH

            Vice-President Traffic, Concession and Info Clerk                           15 HR. PER MONTH

            Shop Stewards                                                                           10 HR. PER MONTH

            Shop Stewards Concession                                                         8 HR.PER MONTH

Any member of the Executive Board or any Shop-Steward who fails to attend a General Meeting without proper notification to the President shall forfeit their honorarium for the following month.

a)          the above honorarium to be adjusted by the same increase formula as wages in the Collective Agreement. The above honorarium shall cease if there is a strike or lockout.

b)         The Pres/B.A is to have two and one half days (2 1/2) days off per week with pay to do L.U. Business.   In the event that the Pres/B.A. position becomes full time he/she shall be compensated at the highest hourly rate of pay in the bargaining unit plus 10 %

(d)        All Union officials shall have time off on L.U. business, as required, arranged and approved by the Pres/B.A. in compliance with these Bylaws and the Constitution.

ARTICLE 21: Order of business of the Executive Board Meetings.

            1)  Call to order by the President.

            2)  Roll call of members of the Executive Board.

            3)  Reading the minutes of the previous meeting.

            4) Business arising out of the minutes of the previous meeting.

            5) Reports of officers and committees of the Executive Board.

            6) Correspondence.

            7) Accounts and Finances.

            8)  Unfinished Business.

            9) New Business

            10) Good and Welfare of the Local Union.

            11) Adjournment.

ARTICLE 22: Bonding of Officers.

The instructions contained in the Constitution in reference to the bonding of Officers, or of other persons shall be observed by this L.U. as to Officers or other persons to be bonded, information to be submitted with application for bonding and cost of bonding, as to any other matter set forth in the Constitution, it being provided that the E.B. at its first meeting held subsequently to the General Election shall determine what other Officers or other persons if any, in addition to the Pres/B.A., the Exec. V.P. and the F.S. shall be bonded.

ARTICLE 23: Designation of Officers. President Business-Agent.

The Pres/B.A. shall preside over all meetings of the L.U., the E.B. and all committees. He shall call meetings of every duly authorized Committee. He may call a special meeting of the L.U. or of the E.B. for which authority to do so was granted him by the E.B. or upon request in writing, signed by every member of every committee for the membership has not otherwise been provided. He shall be a member of every committee. He shall call meetings of the E.B. at least once a Month. He shall in conjunction with the F.S. sign all checks and other negotiable papers, after having assured himself of their correctness and of the authority under which payment is to be made or obligation incurred. He shall perform such other duties as are provided for in these Bylaws. He shall have the right to vote in secret ballot votes at the same time and along with the other members, who cast their votes. Otherwise he shall have a right to vote only in case of a tie when there is a standing or a hand vote whereupon he shall have the deciding vote. The Pres/B.A. shall supervise all the business of the L.U.  He shall see that Officers perform their respective duties; to authorize lost time for E.B. or other members to carry out their L.U.’s duties:  and to appoint health and safety committees and all other committees not otherwise provided for.   He shall direct and control the organization by which the L.U. expresses itself and achieves it purposes. He shall be a member of the Sick Benefit and Pension Board if applicable by virtue of his office. He shall report to the E.B. and the General Meetings on request. The President/Business Agent shall attend all conventions, by virtue of his office. He shall in each year in which an International Convention is held, call for a Bylaws Committee of three members to renew and/or amend such Bylaws.

ARTICLE 24:  The Executive Vice-president.

The Exec.V.P. shall perform the duties of the Pres/B.A. during the absence of the Pres/B.A.  If a vacancy in the office of the Pres/B.A. occurs the Exec. V.P. shall perform the duties of the Pres/B.A. until the vacancy is filled by election. While assuming the duties of the Pres/B.A., he shall have the rights and privileges of the Presidency. He shall sign all checks and other negotiable papers in the absence of the Pres/B.A. or the F.S.  The Exec. V.P. shall in the event of sickness or vacation assist the Pres/B.A. or the F.S. in performing their duties and shall report to the E.B. and the Membership.

He shall perform the duties of Health and Safety Officer and assist members in areas not covered by other officers.

ARTICLE 25:  The Financial Secretary Treasurer.

 He shall receive all moneys and arrange for its safekeeping. He shall be responsible for maintaining adequate and proper records of the finances of the L.U., he shall present all books, proceeding records and documents for audit or for examination by a person having proper authorization and shall make available for examination by the auditor or some other authorized person, all bonds, inventories and other assets upon receipt of authority to do so. He shall in conjunction with the Pres/B.A. sign all checks, negotiable papers and documents, the correctness of which he is satisfied and for authority to sign has been given and he shall be responsible for the preservation of all necessary records and documents and for the custody of Bonds of the L.U. The F.S. shall read The Financial Report at the G.M.M. and then post it in the Union Office for all to read. He/she shall supply copies of the said report for the E.B. meetings only.                   He shall place all complaints and grievances pertaining to his office, submitted by members to him before the E.B.

He shall perform such other duties as are provided in the Constitution and the Bylaws of this L.U. and shall exercise the authority and do the duties, which may be delegated, to him by a meeting of the L.U. or by a meeting of the E.B.  In the event of a vacancy or a temporary absence of the F.S. the Pres/B.A. shall fill the vacancy and he shall make available to the Pres/B.A. all keys, documents and files.  He shall report to the E.B. and the General Meetings on request. He shall make a report monthly to the E.B. giving name (s) of member(s) who have been employed on business of the L.U., the time devoted by each and the remuneration payable to each.  The F.S. shall attend all ATU conventions by virtue of his office.

ARTICLE 25.1:  The Recording Secretary

It shall be the duty of the R.S. to keep a correct account of the proceedings of the L.U., to call the roll of officers, carry on all correspondence and perform such other duties as pertains to this office. He/she shall deliver to the L.U. at the expiration of his or her term of office all properties entrusted to his or her care.

ARTICLE 26: The Vice-presidents

A Vice-president’s position shall be established where the E.B. deems it necessary. The V.P., s will only act in the section in which they are elected or as directed by the Pres/B.A.  In each section where this position is established only those members in these sections can vote for the election of the Vice-Presidents. These Vice-President positions to qualify for election must conform to the laws appearing under the eligibility clause in the Constitution and these Bylaws.

Until further amended these Bylaws will be for the following:

a)           One (1) V.P........Traffic/Operation Section/Concessions.

b)           One (1) V.P........Maintenance/Clerical Section

c)           The respective duties of the above Vice-Presidents shall be as assigned by the Pres/B.A.

ARTICLE 27:  SHOP STEWARDS

a)         Shop-Stewards shall be established in department and /or location where the Executive Board deems it necessary.           

b)         The Shop Stewards will assist the Vice-presidents in the performance of their duties. They shall be the liaison between the members and the E.B. of the L.U.   The number of Shop Stewards shall be determined by the E.B. and subject to change from time to time. Their duties will be as assigned by the E.B.

c)         The Nomination and election of Shop Stewards shall be conducted under the same rules as the Nomination and Elections of the Officers and Members of the E.B.

(i)                  In order to ensure effective representation of employees in all permanent locations and departments, if a Shop-Steward is elected to hold the position at a particular location or within a particular department, and the said steward transfers, or is transferred from the particular location or department, at any time during the three (3) year term he shall be deemed to have resigned his position upon the date on which the transfer actually takes place.

(ii)                The Executive Board will recommend the appointment of a Shop-Steward from among the employees in the particular location or within the said department to fill the resulting vacant position for the balance of the term. This appointment must be approved by the membership at the first General Meeting following the resignation of Shop-Steward due to transfer from a particular location or department.

Article 27.01:  Duties of Shop-Steward

Each Shop-Steward shall:

(i)                  Make reports to the member of the E.B. for the Department concerned, on a timely basis, of all grievances received, resolved and unresolved. Unresolved grievances shall be turned over to the said Executive Board Member for processing under the terms of the Grievance Procedure.

(ii)                Attend all shop-Steward meetings, which shall be called by the Pres/B.A. as required or as regularly scheduled, at the time and place stated in the notice of such meetings.

(iii)               Following the election of Shop-Steward, a meeting shall be called by the Pres/B.A. at which time they will be instructed in their respective duties.

Article 27.02 Illness

            In case of a Shop-Steward being absent from his regular duties due to illness or injury, the E. B. may at any time appoint an interim Shop-steward for a period of up to ninety days (90)

            Should the recuperation period be beyond that time, the position of Shop-Steward shall become vacant.

             The E. B. shall at this time appoint a Shop-Steward for the duration of the term.

            Any Shop-Steward who fails to attend two (2) consecutive General Meetings shall be considered as having resigned from his position subject to charges being filed and processed in accordance with section 22, Trials, Appeals and Grievances, of the Constitution.

Article 27.03: Shop Steward meeting

The President shall call a meeting of Shop Stewards a minimum of once a year and as                    necessary and he shall chair that meeting.

ARTICLE 28:  Resignations.

Any Officer or other member of the E.B. with the exception of the F.S. shall if desiring to resign, present his/her resignation in writing to the F.S.  Who shall in turn inform the Pres/B.A. forthwith, he/she shall present the resignation at the next G.M.M., following the time of receipt by him/her of the resignation and the decision upon the resignation shall be reached at this meeting. The F.S. if desiring to resign shall present his/her resignation in writing to the Pres/B.A, who shall present the resignation at the next G.M.M. following the time of receipt by him of the resignation and a decision upon the resignation shall be reached at this meeting.

a)          A member of any committee if desiring to resign, shall present his/her resignation in writing to the R.S., who shall present the resignation at the next G.M.M. following the time of receipt by him/her of the resignation and decision upon the resignation shall be reached at this meeting.

b)          A member who resigns from any office within the L.U. must return all property of the Union to the Union Office. The above resignation and return of property will be subject to the conditions of the resignation as per these Bylaws. Failure to comply with this Bylaw may result in the member being assessed by the L.U., all cost of recovery or replacement plus related expenses.

c)         Any member in an appointed position can be removed from office in the same manner as his/her appointment; that is, by a recommendation of the E.B. to the membership.

ARTICLE 29. Filling of Vacant Positions.

a)         The Meeting, which has the authority under these Bylaws to receive a resignation, which has resolved upon acceptance of the resignation, shall authorize arrangements for the holding of an election to be held to fill a vacancy caused by the resignation or death. All positions in the L.U. shall be filled as per these Bylaws.

b)         If a vacancy occurs in any office the Pres/B.A. may appoint a member to fill the said vacancy on an interim basis, subject to approval of the membership at the following General Meeting.

ARTICLE 30: Incapacity of Officer.

a)          The incapacity of an officer of the E.B. shall be reported by the member who is aware of the incapacity, through the F.S. at the next General Meeting following the receipt by the F.S. of the information. This General Meeting if it acts in reference to the event shall have due regards for the provisions of the Constitution and these Bylaws. The incapacity of any member of any committee shall be reported in the same manner as above.

b)         In the event that the incapacity of an officer is continued beyond two (2) months the Pres/B.A. upon approval of the E.B. will have authority at his/her discretion to appoint a member to the office of the incapacitated Officer for the duration of the period of absence.  He shall be paid the same honorariums or per diem as the absent officer. The above process will apply to all offices except the office of Pres/B.A.

c)           All E.B. members and Shop Steward(s) must attend all meetings relating to the Business and welfare of the L.U. and Brampton Transit, except where excused by the Pres/B.A. of the L.U.  Any E.B. members or Shop Steward who fails to attend two (2) consecutive executive or G.M.M. shall have been deemed to have resigned his/her position subject to charges being filed and processed in accordance with Section 22, Trials, Appeals and Grievances of the Constitution and the said vacancy shall be filled in accordance with the bylaws and Constitution.

ARTICLE 31:  Meeting of Local Union 1573.

The meetings of the L.U. shall consist of two (2) types; General and Special.

a)         The G.M.M. shall be held once a month at a time and place designated by the E.B. and shall be posted on the Union Bulletin Board.  Until further notice this meeting shall be recognized as the Charter Meeting where all the business of the L.U. is normally resolved. In the event that a Statutory Holiday falls on a day on which a membership meeting is to be held the E.B. shall reschedule the meeting to another acceptable date.

 b)         All members in attendance at a regular Membership Meeting must be excused by the chair if leaving the meeting prior to the adjournment of the same and recorded as such. Any member leaving without being excused shall be recorded as being absent for the whole meeting.

c)         All membership meetings will be held at 10 a.m. on the third Sunday of every month with the exception of July and August.

d)         Any ATU member in good standing may attend the regular membership meetings of the L.U. but shall have no voice or vote in any matter affecting that L.U.

ARTICLE 32:  Order of Business for General Meetings.

            1) Executive Vice-President examines members present.

            2) Call to order by the President.

            3) Initiation of new members.

            4) Roll call of Officers.

            5) Reading of the minutes of the previous meeting.

            6) Business arising out of the minutes of the previous meeting.

            7) Report of Officers.

            8)  Report of standing and special committees.

            9) Unfinished business.

            10) New business and welfare of the Local.

            11) Notice of motion.

            12) Nomination and Election of Officers.

            13) Adjournment.

The Bylaws of this L.U. and the Constitution shall be the guide for executing the business of the L.U.  Robert's Rule of Order (revised) shall be the vehicle by which to resolve all disputes of procedures.

ARTICLE 33:  Special Meetings.

A special meeting may be held at the call of the Pres/B/A., who in doing so shall act with the authority of the E.B. or two-thirds 2/3 majority of a General Meeting. A special meeting shall keep within the limits of that for which it was called for and shall have power of decision. The special meeting called during negotiations between the Union and the employer shall have the power of decision concerning the subject of these subjects only and then within the limits stated in the notice calling for the meeting.

ARTICLE 34:  Order of business of a Special Meeting.

            1) Examination of members by the Executive Vice-president.

            2) Call to order by the President.         

            3) Roll call of Officers.

            4) Reading of the Notice calling the Special Meeting.

5) Formulation of recommendations or resolutions within the limitations provided for in                                                           these Bylaws and its rules.

            6) Adjournment.

ARTICLE 35:  Discipline.

Discipline shall be in accordance with the provisions of the Constitution and by the method authorized therein. 

ARTICLE 36:  Duration of speech during debate.

a)           The duration of any speech upon any particular question at any meeting shall not exceed two (2) minutes, except with permission of the meeting.

b)           Any member who is granted the right to speak on a given subject, shall rise and do so, after consent has been granted by the chair and will confine his/her remarks to the subject, properly put before the meeting and will avoid any comments that will give rise to personality conflicts. A member can only speak once on any matter being debated before the meeting, except when permitted by a majority vote of the membership present.

c)           The Pres/B.A. shall have the privilege to debate on all matters on the floor and may be obligated to relinquish the chair to the Exec. V.P. or other member of the Board in order to do so.

ARTICLE 37:  Quorum.

a)         A quorum shall be the equivalent of members to that of the E.B. present plus one.  In no event however will it be less then fifteen (15) members at any time.  The attendance book shall be closed one half hour after the official time for which the meeting was called.

b)         A regular G.M.M. will be adjourned at the discretion of the Pres/B.A., if a quorum is not present after thirty (30) minutes of the time the meeting was scheduled to commence. All members present, who have signed the attendance book, will be given credit as having attended.

c)         No meeting shall take place in the absence of the Pres/B.A. and Exec. V.P.

ARTICLE 38:  Conduct of member at all Meetings.

All members shall maintain the Decorum at the meetings. Any member who fails to maintain decorum can be ejected from the meeting by whatever means deemed appropriate by the chairperson. Further, the involved member(s) may be subject to charges as per the Constitution.

ARTICLE 39:  Order of Precedence of Routine Motion.

When a Question is before a Meeting of the L.U. or a meeting of the E.B., or a meeting of any Committee, no motion, other than the following will be in order.

            1) Motion to adjourn.

            2) Motion to adjourn the debate.

            3) The previous question.

            4) Motion of referral.

a)         Each of these motions shall be seconded.

b)          Once one of these motions, is moved and seconded, no other motions may be presented, until the meeting decides concerning this question of routine and the decision shall be made without debate.

c)         On all motions, Robert's Rule of Order shall prevail.

ARTICLE 40:  Notices of Motion.

a)          Notices of motion shall be given at a General Meeting only. The member moving the motion must attend the said meeting and give the first reading. Where such a legal motion is presented to a meeting, it shall be advertised on the Union Bulletin Board until the next following G.M.M.      

b)           Should a motion be found to be illegal, the Pres/B.A. shall inform the said member in writing. In such a case the member may appeal to the next G.M.M. The debate on such a motion shall not take place until the next G.M.M. from first presentation and the Motion will be disposed of.

ARTICLE 41:  Reconsideration after Rescinding.

Reconsideration of any question formerly resolved is possible only after rescinding of the resolution relating to that question has been resolved upon, and after any person(s) who has or have acted in good faith upon the resolution to be rescinded has been or have been protected by resolution of the meeting at which rescinding occurs.

 If the rescinding occurs at the same meeting at which the resolution to be rescinded came into being, the mover of the motion to rescind must be one of those who voted in favor of the motion to be rescinded, but if the rescinding occurs at a meeting subsequent to that at which the resolution to be rescinded came into being, any member may move the motion to rescind it being that, the rescinding of a resolution shall not be resolved upon unless and until two thirds (2/3) or more of the ballots cast are in favor of rescinding.

ARTICLE 42:  Committees

a)          All committee Chairpersons shall be appointed by the Pres/B.A. and the Chairperson will secure his/her members of this committee, giving consideration to all volunteers.

b)           Standing Committees shall draw up the rules and regulations governing their committee, which shall be subject to ratification by the membership at a General Meeting. The Chairperson of all committees shall report to the E.B. prior to reporting to any meeting. All committees shall report to a General Meeting.

ARTICLE 43:  Special Committees.

a)           A special Committee is a committee the authority of which is created and the duty of which is defined by resolution of a General Meeting, it being provided that the resolution creating the committee shall state specifically the limit of authority and the number of members exclusive of the Pres/B.A., the committee being constituted by a General Meeting following the General Meeting where this committee came into being, eligibility to conform to the Constitution.

b)           Any and all resolves from the activities of all committees shall first be communicated to the E.B.

ARTICLE 44:  Order of Business of Special Committee meetings.

            1) Call to order by the President.

            2) Roll call of members of the committee.

            3) Reading of the minutes by which the Committee was created and constituted.

            4) Determination of Action.

            5) Adjournment. 

ARTICLE 45:  Donation and Honoraria.

The power to resolve concerning any decision of donations or honoraria shall reside in a General Meeting. Any honorarium not covered by these Bylaws or any donation in excess of one hundred dollars ($100.00) shall be on a recommendation of the E.B. or by Notice of Motion.

ARTICLE 46:  Special Charitable Donation.

The Pres/B.A. with the concurrence of one other Officer shall be empowered to make Special Charitable Donations up to one hundred dollars ($100.00). Such donations shall be reported at the next Executive Board Meeting. Any further increase in the above shall be subject to the approval of the E.B. and the next G.M.M.

ARTICLE 47:  Reward for Assaults.

In the event of a serious assault on any member of the L.U., the Pres/B.A. with the concurrence of one other Officer, shall be empowered to offer a reward of up to Five Hundred Dollars ($500.00) for the arrest and conviction of the assailant (s) and such actions shall be reported at the next Executive Board and G.M.M.

ARTICLE 48:  Nominations and Elections of Officers and Shop Stewards.