Bylaw changes

Bylaw motions for consideration at next general meeting in 2016

 

Served with notice at the General Meeting Jan. 31, 2016

Notice of motions to next general meeting in 2016 

Rationales for these proposed changes will be sent out at least three weeks in advance of the meeting as required by the CFU Bylaws, Article V, #2.

Bold text reflects new text. Strike through to be replaced

 

MOTION - Bylaw amendment 1

Be it resolved that the following change be made to the CFU bylaws:

That all references to the CFU that say “union” be changed to instead say “community chapter.”

 

MOTION - Bylaw amendment 2

Be it resolved that where approved, Bylaw changes rearrange bullet point numbering, and that Article sections and sub-sections be changed to reflect these changes.

 

MOTION - Bylaw amendment 3

Be it resolved that the following change be made to the CFU bylaws:

ARTICLE IV, Section 1a

#2. Select an auditor for the current year if members in attendance decide to hold an audit (if this is relevant).

 

MOTION - Bylaw amendment 4

Be it resolved that the following change be made to the CFU bylaws:

ARTICLE V, Section 2

Nominations for all officers shall be made at least three weeks prior to any special meeting held for the purposes of electing executive members. No nominee shall be placed on the ballot unless he/she signified his/her acceptance of the nomination either in person or by written notification via email to the Nomination and Election Committee at least one month prior to an AGM or special meeting where elections are held.  

 

MOTION - Bylaw amendment 5

Be it resolved that the following change be made to the CFU bylaws:

ARTICLE V, Section 3

The Executive shall inform the membership about the list of nominees and election via email no less than two weeks prior to an AGM or special meeting when elections will take place.

 

MOTION - Bylaw amendment 6

Be it resolved that the following change be made to the CFU bylaws 

ARTICLE V, Section 2

Only votes for candidates duly nominated and properly on the ballot shall be counted. There shall be no proxy, write-in or sticker voting.

No member may be a candidate for more than one office.

 

MOTION - Bylaw amendment 6

Be it resolved that the following paragraph be moved from the end of the document to ARTICLE V, Section 4 in the CFU bylaws: 

Agreement of Accountability

Each elected officer of the CFU, upon instalment, shall commit to complying with the CFU oath of office:

OBLIGATION OF CFU UNION OFFICERS

I, ________________________, do solemnly affirm to faithfully execute the office to which I have been elected, and will, to the best of my ability preserve, protect and defend the Bylaws of the Canadian Freelance Union and the Constitution of Unifor, and upon completion of my term of office, deliver to my successor all Union books, papers and property that may be in my possession.

 

MOTION - Bylaw amendment 7

Be it resolved that the following change be made to the Responsibilities of the President:

ARTICLE V, Section 6. Responsibilities of the President

The President shall:

-   preside at all meetings of the CFU and its Executive Board or designate, by mutual agreement, another Executive Board member to do so;

-   sign all cheques or other authorizations for the withdrawal of the funds of the CFU. Amounts over $500 or to the President for reimbursement require the signature of a second signing officer;

-   enforce the National Constitution, CFU Bylaws and all union rules and regulations with the assistance of the other members of the Executive Board and committees, national rep and staff;

-   oversee the continued operation of the list serve, web site and related communication systems for the Community Chapter with the assistance of the other members of the Executive Board and committees, national rep and staff with the necessary skills.

 

MOTION - Bylaw amendment 8

Be it resolved that the following change be made to the Responsibilities of the Vice-President:

ARTICLE V, Section 7. Responsibilities of the Vice-President

The Vice-President shall:

-   assist the President in the performance of his/her duties. The sole Vice-President or the First Vice-President shall act for the President in his/her absence and in the event of a vacancy in the office of President, shall succeed to the office of President for the unexpired term, or until a new President is elected. If the Vice-President is unable to do this, the interim president position can be assumed by any Executive Board member.

 

MOTION - Bylaw amendment 9

Be it resolved that the following change be made to the Responsibilities of the Secretary:

ARTICLE V, Section 8. Responsibilities of the Secretary

-   submit such reports and information to the CFU Executive Board as required. the National President may require.

-   work with the President to ensure the continuous operation of all communication systems within the CFU and between the CFU and other Unifor bodies, including other Locals, Community Chapters, and the National and Regional offices.

 

MOTION - Bylaw amendment 10

Be it resolved that the following change be made to the Responsibilities of the Treasurer:

ARTICLE V, Section 9. Responsibilities of the Treasurer

The Treasurer shall:

-   oversee the collection of collect all monies to the CFU, including membership dues, fines and assessments;

-   oversee the deposit of all monies deposit same in the name of the CFU in such bank or banks as the CFU Executive Board may direct;

-   co-sign all cheques or other authorizations for the removal of funds of the CFU over $500 or paid to the president.

 

MOTION - Bylaw amendment 11
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE VI, Section 1 TRUSTEES

Section 1. The Community Chapter shall have up to three trustees. The trustees will be elected by the membership each year during the Annual General Meeting.

 

MOTION - Bylaw amendment 12
Be it resolved that the following change be made to the CFU bylaws:

 

ARTICLE VI, Section 2. Duties of the Trustees

The Trustees shall examine the books and records of the CFU at least once four(4) times a year and shall submit a written report on each audit to the CFUand to the National Secretary-Treasurer in such manner and at such times as the National Secretary-Treasurer may require, and have such further powersand duties as may be provided by the CFU By-laws.

 

The trustees shall also work with the Vice-President to ensure the operation of the Community Chapter’s health and welfare, pension or retirement savings and related plans as developed by the Executive Board and designated committees.

 

MOTION - Bylaw amendment 13
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE IX CONDUCT OF ELECTIONS

Section 1. Notices as to the date of nominations and elections and Officers shall be made by the Executive Board electronically, not less than three weeks fifteen (15) days in advance. Reasonable efforts shall be made to notify all members.

 

MOTION - Bylaw amendment 14
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE IX, Section 2. The election of officers and regional representatives shall be by majority vote of the votes cast in a secret ballot at the election meeting conducted electronically. Not less than fifteen (15) days prior to the election, notice of election shall be posted. In the event no candidate for office receives a majority of the votes cast, the two nominees receiving the greatest number of votes on the first ballot shall be the nominees on the second ballot and the balloting shall continue either at the same meeting or at the next regular meeting or special meeting as determined by membership vote.

Each member shall be entitled to one vote. There shall be no absentee voting, and no voting by proxy, write-in or striker.

 

MOTION - Bylaw amendment 15
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE IX, Section 3. The Elections Committee shall safeguard the secrecy and honesty of the election and announce the results of the election electronically within 48 hours of the election meeting in a signed statement.

 

MOTION - Bylaw amendment 16
Be it resolved that the following addition be made to the CFU bylaws:

ARTICLE IX, Section 3. In the event of a technical or procedural disruption of the elections at the election meeting, a special general meeting will be called within six weeks to conduct a new vote.

 

MOTION - Bylaw amendment 17
Be it resolved that the following change be made to the CFU bylaws: 

ARTICLE IX, Section 4. In cases of an election complaint, the complaining member or candidate shall submit the complaint in writing to the Secretary or Executive Board within forty-eight (48) hours after the election results have been announced (with a copy at the same time to the National President). Then the Secretary will forward the complaint to the Chair of the Elections Committee within forty-eight (48) hours of receipt of the complaint. Such complaint shall be heard and determined promptly by the Elections Committee. A new election may be ordered only if it is determined that the matter complained of might reasonably have changed the results of the election.

 

MOTION - Bylaw amendment 18
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE X, Section 2.

All eligible members, before being admitted to full membership, shall agree subscribe in writing either in print or via e-mail to the following obligation:

“I, (name of individual), pledge my honour to faithfully observe the Constitution and laws of this Union; to comply with all the rules and regulations for the government thereof; not to divulge or make known any private proceedings of this Union.

 

MOTION - Bylaw amendment 19
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE X, Section 3. Revenue

a)   The dues amount is set by membership vote at the AGM or special meeting. Membership is for one year and to be paid in one lump sum or in instalments over the yearDues shall be $125 per year.

c)   Each member of this Community Chapter shall pay dues to the Community Chapter Union quarterly every three months, via cheque check, void cheque check through their cheque checking account, credit card deduction or post-dated cheques checks or money orders.

e)   A member in default, without good cause, in the payment of dues, fines, assessments, for ninety (90) days from the date such amount becomes due, may be suspended from the rights of membership and if the default continues without good cause for an additional thirty (30) days after notice in writing by the Treasurer or Executive Board National Secretary-Treasurer, may be expelled from the CFU Union.

f)   Any member who has been suspended for non-payment of dues, fines or assessments, may be reinstated upon payment for a reinstatement fee of ten (10) dollars, together with a new initiation fee and all amounts dues due at the time of his/her suspension.

 

MOTION - Bylaw amendment 20
Be it resolved that the following change be made to the CFU bylaws:

 

ARTICLE XI TRANSFERS AND WITHDRAWALS

Section 1. Any member who is in good standing and has paid his/her dues for the month in which a transfer is requested, may any transfer his/her membership to another Local/Community Chapter of the National Union. Upon application he/she shall receive a transfer card to the Local/Community Chapter to which he/she desires to be transferred valid for no more than three months.

Section 2. Any member who is in good standing and has paid his/her dues for the month in which withdrawal is requested, may withdraw from membership upon leaving employment within the jurisdiction of the National Union, and shall receive a withdrawal card. Thereafter, the withdrawing member shall lose all rights and privileges of a member of CFU and the National Union and shall be exempt from the payment of further dues and assessments.A member who has withdrawn may subsequently be reinstated without any break in his/her membership standing and without payment of an initiation fee if the withdrawal card is presented to the Secretary of the CommunityChapter having jurisdiction of the members within thirty (30) days of the return to the Union’s jurisdiction. Failure to present the card within the time limit specified herein shall void the rights and privileges granted by such withdrawal card.

 

MOTION - Bylaw amendment 21
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE XVI ASSESSMENTS

The Executive Board of this Community Chapter shall have the power to levy a per capita assessment, in addition to dues, upon the members of this Community Chapter provided that the amount and method of payment of such assessment has first been approved by the majority of those voting in a secret ballot among the members in good standing of the CFU either at a regular or special meeting or in a membership referendum. Notice of the proposed assessment shall be given to the members at least three (3) weeks ten (10) days before the vote is to be taken.

 

MOTION - Bylaw amendment 22
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE XVII BY-LAWS – ADOPTION AND AMENDMENTS

Section 1. These By-laws shall become effective when ratified by a majority of the members present at a meeting and approved by the National Union President.

 

MOTION - Bylaw amendment 23
Be it resolved that the following change be made to the CFU bylaws:

ARTICLE XVII, Section 2. Any provision of these By-laws may be modified, amended or repealed, or new By-laws may be adopted, by the affirmative vote of two-thirds of the members voting on the question, at a regular meeting, or special meeting called for that purpose, provided, however, that notice of the proposed amendment, modification or repeal has been given to the members by the Executive Board in accordance with Article IV, Section 1. at the previous regular meeting; and further provided that if an amendment shall alter the amount of the initiation fee or dues as fixed by Article X of these Bylaws, the vote must be taken by secret ballot and after at least ten days’notice of the intention to vote upon the question.

 


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  • CFU bylaws require a minimum of 20 members for quorum and changes must be approved by 2/3 of the members present.
  • Penny for a thought…

    As a general rule in a so called “democratic” process is that, any changes to fundamental rules (constitution, by-laws etc.) of a “democratic” organization need the approval of at least 51% of the membership present. To pass resolution(s) in this magnitude in a so called “democratic” organization(s) proxy vote does not count and cannot be used, recognized etc.

    Anyone knows the magic number, how many members shall be physically present in our upcoming AGM to pass these proposed changes? (under Unifor’s rules)

    My concern is that, I highly doubt we had a quorum at our last AGM, never mind 51+ %. Now as I heard, our membership increased at least to 188 people. Ergo, 95 good standing must be present to even discuss by-law changes, according to the general “democratic” rule book.

    And just out of curiosity, if 35 members have an urge to say something to fellow members and each person limited to lets say 5 minutes to use the floor. Hmm, that is about 3 hours alone.

    I am really curious, how this AGM will unfold on Sunday. cheers i…