Teachers' Bargaining Unit Constitution

Constitution

1.1 "District" shall mean District 11 of the Ontario Secondary School Teachers' Federation.

1.2 'Unit" shall mean the Bargaining Unit within District 11 composed of secondary teachers employed by the Thames Valley District School Board.

1.3 "Branch" shall mean a grouping of teachers within one instructional setting of the Board.

1.4 "Constitution" shall mean the fundamental principles governing the TBU.

1.5 "Bylaws" shall mean the standing rules governing the membership of the TBU, made under this constitution, on matters within the control of the TBU.

1.6 "Policy" shall mean a stand or position taken by the TBU in accordance with its bylaws.

2.1 The name shall be the Teachers' Bargaining Unit, Ontario Secondary School Teachers' Federation, District 11.

2.2 "Member" shall mean an active teacher, certified under the Education Act, who is a member of OSSTF District 11.

3.1 The TBU shall have an Executive Council consisting of the following members:

3.1.1 Voting members as follows:

3.1.1.1 Immediate Past President

3.1.1.2 President

3.1.1.3 Vice-President

3.1.1.4 Secretary

3.1.1.5 Treasurer (AGM 2005)

3.1.1.6 Provincial Councillor(s) - Part X Education Act

3.1.1.7 Branch Presidents

3.1.2 Non-Voting members as follows:

3.1.2.1 Chairperson of the Executive Council

3.1.2.2 Chief Negotiator (AGM 2005)

3.2 Each voting member of the Executive Council shall have one vote and a quorum shall be a majority of voting members.

3.3 In the case of a tie vote the motion shall be declared defeated.

3.4 The Executive Council shall elect a Chairperson.

3.5 The TBU shall have Standing Committees as follows:

3.5.1 Awards Committee,

3.5.2 Collective Bargaining Committee,

3.5.3 Constitution Committee,

3.5.4 Finance Committee,

3.5.5 Nominations Committee,

3.5.6 Benefits Committee.

3.6 The TBU shall have Branches covering all TBU members

3.6.1 The following shall be Branches:

3.6.1.1 each Secondary School site

3.6.1.2 all of the Section 20 school sites shall be considered one Branch called "W.D. Sutton" (AGM 2003)

3.6.1.3 all members at Community Education Centres and Alternate School sites shall be considered one Branch (AGM 2003)

3.6.1.4 Continuing Education Teachers

3.6.1.5 all other teachers not mentioned above shall constitute the Alpha Branch

3.6.2 TBU members whose workplace is not a secondary school may choose to be a member of an established secondary school staff for purposes of Branch membership provided notification of such choice is received by the TBU Secretary and the Branch President of the secondary school Branch involved prior to August 31 of each year.

3.6.3 Each Branch shall have an Executive which may include the following members:

3.6.3.1 President

3.6.3.2 Secretary

3.6.3.3 Treasurer

3.6.3.4 District or Bargaining Unit Committee representatives

3.6.3.5 other Branch members as deemed appropriate by the Branch

3.6.4 Branch organization shall conform with the OSSTF Bylaws on Branch Organization.

4.1 Amendments to the Articles of the Constitution may be made: (AGM 2005)

4.1.1 at any duly constituted meeting of the TBU, by a two-thirds affirmative vote of the members qualified to vote, present and voting, provided that notice of the proposed amendment shall have been given in writing through the Executive Council to each Branch President at least three weeks in advance of the meeting at which the motion to amend is to be presented.

4.1.2 at any duly constituted meeting of the TBU, by a nine-tenths affirmative vote of the members qualified to vote, present and voting, previous notice as in 4.1.1 not having been given.

4.2 Amendments to the Bylaws may be made:

4.2.1 at any duly constituted meeting of the TBU, by a simple majority of the members qualified to vote, present and voting, provided that notice of the proposed amendment shall have been given in writing through the Executive Council to each Branch President at least three weeks in advance of the meeting at which the motion to amend is to be presented.

4.2.2 at any duly constituted meeting of the TBU, by a two-thirds affirmative vote of the members qualified to vote, present and voting, previous notice as in 4.2.1 not having been given.

4.2.3 at a properly constituted meeting of the Executive Council, by a three-quarters affirmative vote of the members qualified to vote, present and voting.

4.2.4 changes approved in 4.2.3 will be submitted to the next General Membership Meeting for ratification,

4.3 This Constitution and the Bylaws made under it shall supersede all previous motions concerning organization and procedure made by the TBU.

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5.1 No part of the Constitution or Bylaws of the TBU will contravene the Constitution or Bylaws of the District or of the OSSTF.

Bylaws

1.1 In all proceedings of the TBU, the Executive Council and its committees, the following Bylaws shall be observed and shall be the rules and regulations for the order and dispatch of the business of the TBU.

1.2 All proceedings of the TBU, its committees, or the Executive Council, not specifically provided for in these Bylaws, shall be dealt with in accordance with Parliamentary procedure, the authority for which shall be as stated in the Provincial Handbook.

2.1 Active Member:

2.1.1 shall be active members of the District who are members of the Teachers’ Bargaining Unit as defined in the Education Act.

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3.1 The rights, privileges, and duties of all members shall be as prescribed in the Bylaws of the District and of the OSSTF

3.2 Members of the TBU- It shall be the duty of the Members of the TBU to:

3.2.1 participate in the activities of the TBU, including but not restricted to:

3.2.1.1 elections at all levels of the TBU organization

3.2.1.2 decisions on agreements with the employer

3.2.1.3 decisions on the conduct of TBU business at meetings of the membership

3.2.2 cooperate with Federation Services Officers in the performance of their duties

3.2.2.1 comply with the OSSTF Provincial Constitution and Bylaws. (AGM 2005)

3.3 Officers of the TBU

3.3.1 Immediate Past President - It shall be the duty of the Immediate Past President:

3.3.1.1 to attend all meetings of the Executive Council and to act in an advisory capacity

3.3.1.2 to perform such other duties as requested by the President and reported by the President to the Executive Council

3.3.2 President - It shall be the duty of the TBU President:

3.3.2.1 General Duties:

3.3.2.1.1 to be the spokesperson for the TBU

3.3.2.1.2 to present to the membership the Executive Council Priorities for that year

3.3.2.1.3 to act as a signing authority for TBU documents

3.3.2.1.4 to be responsible for the interpretation of current Federation Policy and the release of official TBU communications regarding it

3.3.2.1.5 to ensure that each Standing Committee and Ad Hoc Committee has a Chairperson, meets and reports as required

3.3.2.16 to organize, prepare an agenda for, and call meetings of the Executive Council

3.3.2.1.7 to ensure appropriate TBU representation on all District, joint Board, and other associated Committees and to appoint Members as liaison, or voting representatives for all such committees

3.3.2.1.8 to ensure that each Chairperson of the TBU fulfils his/her duties

3.3.2.1.9 to take an active interest in the work of the Branches and to assist the Branch Presidents

3.3.2.1.10 to co-ordinate publications from TBU Committees

3.3.2.1.11 to publish the TBU Communications

3.3.2.1.12 to maintain comprehensive TBU Central Files

3.3.2.1.13 to be a member, ex-officio, of all TBU Committees

3.3.2.1.14 to be a member of the District Bargaining Committee

3.3.2.1.15 to be a member of the District Office Maintenance Committee

3.3.2.1.16 to recommend to the District President the appointment of the Chief Negotiator of the Teacher’s Bargaining Unit from among the District Federation Services Officers who are full time active members of the Teachers’ Bargaining Unit. (AGM 2005)

3.3.2.2 Responsibilities to Membership:

3.3.2.2.1 to ensure the implementation of the Executive Council Priorities and Executive Council and Membership decisions

3.3.2.2.2 to maintain contact with all TBU committee work either through the appointed liaison representative or through the committee Chairpersons

3.3.2.2.3 to be a resource and provide service in the areas of certification, personnel problems, Board policy interpretation, and relations and discipline within the TBU

3.3.2.3 Financial:

3.3.2.3.1 to consult with the Treasurer and District Finance Committee during the preparation of the proposed budget for the next fiscal year

3.3.2.3.2 to act as a co-signer for the financial transactions of the TBU

3.3.2.3.3 to be the official representative of the TBU and to be a signing officer for the TBU with the responsibility to caution against unnecessary and wasteful expenditures of OSSTF funds, and

3.3.2.3.4 to submit to the Executive Council for approval, all expenditures of an unusual nature

3.3.2.4 Board and Community Responsibilities:

3.3.2.4.1 to take the initiative in the TBU with the respect to monitoring the activities of the Board and its Administration

3.3.2.4.2 to monitor the administration of the Collective Agreement and ancillary documents and maintain their proper application with the direct assistance of the District Federation Services Staff

3.3.2.4.3 to act as a liaison with community groups

3.3.2.5 Provincial and Other Responsibilities:

3.3.2.5.1 to maintain a liaison with the District Executive Council, the Provincial Executive, Provincial Council, and the Secretariat

3.3.2.5.2 to represent the TBU  at the Annual General Meeting of the Provincial Assembly (AGM 2006)

3.3.2.5.3 to maintain liaison through the District with other Bargaining TBUs, affiliates, Labour Council, and other education employee groups

3.3.2.5.4 to attend Sector Council of Presidents meetings (AGM 2005)

3.3.2.5.4.1 if unable to attend a meeting of the Sector Council of Presidents, to appoint a member of the Executive Council as a designate (AGM 2005)

3.3.2.5.4.2 to provide written reports of Sector Council of Presidents meetings to the Executive Council and to the District Executive Council. (AGM 2005)

3.3.2.6 Transfer of Responsibilities:

3.3.2.6.1 should the President be temporarily unable to act, the Vice President shall assume the responsibilities and authority of the President

3.3.2.6.2 transfer of responsibility and authority as in 3.3.2.6.1 above shall occur by majority vote of the Executive Council

3.3.2.6.3 transfer of responsibility and authority back to the President shall occur by majority vote of the Executive Council

3.3.2.6.4 should the position of President be permanently vacated during the term of office, the Vice President shall assume the office of President subject to:

3.3.2.6.4.1 if vacancy occurs up to January 1 of the second year of office then the Vice President shall assume office until an election can be held within the next 30 days

3.3.2.6.4.2 if vacancy occurs after January 1 of the second year of office then the vice President shall assume office until the completion of that term

3.3.3 Vice President - It shall be the duty of the Vice President:

3.3.3.1 to perform additional duties assigned by the President, and reported by the President to the Executive Council

3.3.3.2 to maintain active liaison with the District Office

3.3.3.3 to provide liaison between the Executive Council and the TBU Collective Bargaining Committee and other committees as assigned by the President

3.3.3.4 to assume the duties of the President as per Bylaw 3.3.2.6

3.3.4 Secretary- It shall be the duty of the Secretary:

3.3.4.1 to attend all Executive Council and TBU General meetings

3.3.4.2 to record the minutes of all Executive Council and TBU General meetings

3.3.4.3 to cause the minutes of all Executive Council and TBU General meetings to be distributed to the respective bodies expeditiously and, at any rate, prior to the next regularly called meeting

3.3.4.4 to respond to correspondence received by the TBU at the direction of the President

3.3.5 Treasurer - It shall be the duty of the TBU Treasurer:

3.3.5.1 Accounting Functions:

3.3.5.1.1 to prepare, present, and explain statements to the Executive Council at each regularly scheduled meeting

3.3.5.1.2 to receive audited financial statements and report on these to the Executive Council and Membership

3.3.5.1.3 to audit financial records for Standing Committees and Ad Hoc Committees of the TBU

3.3.5.2 Financial Functions:

3.3.5.2.1 to act as a signing officer for all cheques authorized by the TBU

3.3.5.2.2 to consult with the spending authorities regarding questions of clarification

3.3.5.2.3 to review petty cash, control and recording

3.3.5.2.4 to act in concert with the District Treasurer to requisition funds from the Provincial Treasurer

3.3.5.2.5 to submit the approved budget and audited financial statements to the District Treasurer

3.3.5.2.6 to maintain accurate records of transactions

3.3.5.2.7 to communicate with the District and/or the Provincial Treasurer when the need arises

3.3.5.2.8 to caution against unnecessary and wasteful expenditures of OSSTF funds

3.3.5.2.9 to submit all expenditures of an unusual nature to the Executive Council for approval

3.3.5.2.10 to act as Treasurer for the various Trust Funds, Scholarships and Awards that the TBU may establish

3.3.5.2.11 to invest funds related to specific Trust Funds in any securities in which insurers are authorized to invest money under the Ontario Corporations Act

3.3.5.2.12 to attend all Executive Council and TBU General Meetings

3.3.5.2.13 to be a member of the District Finance Committee

3.3.6 Provincial Councillor(s) - Part X Education Act - It shall be the duty of the Provincial Councillor(s) -Part X Education Act:

3.3.6.1 to attend all provincial Council meetings as a member of the Provincial Council (AGM 2005)

3.3.6.2 to provide liaison between the Executive Council and the Provincial Council

3.3.6.3 to provide regular written reports to the Executive Council

3.3.6.4 to consult with the President to appoint a designate from the Executive Council if unable to attend a Provincial Council meeting (AGM 2005)

3.3.6.5 to be actively involved in the preparation of the District AMPA Delegation for the Annual Meeting of the Provincial Assembly through the meetings of the District AMPA committee (AGM 2005)

3.3.6.6 to provide information to the Executive Council on major issues being dealt with by the Provincial Council. (AGM 2005)

3.3.7 Chief Negotiator - It shall be the duty of the Chief Negotiator: (AGM 2005)

3.3.7.1 to present the brief to the Executive Council for approval (AGM 2005)

3.3.7.2 to communicate regularly with the Executive Council, the TBU Membership and the District Executive Council on the status of negotiations (AGM 2005)

3.3.7.3 to ensure that detailed notes of bargaining meetings are kept in the current collective agreement negotiations binder (AGM 2005)

3.3.7.4 to assist the Provincial Responsibility for Negotiations team (AGM 2005)

3.3.7.5 to prepare the Executive Council and the membership for the implementation of any strike votes (AGM 2005)

3.3.7.6 to act as the Grievance Officer for the Bargaining Unit whose duties shall be: (AGM 2005)

3.3.7.6.1 to consult and collect relevant information from any member who feels there may be a grievance issue (AGM 2005)

3.3.7.6.2 to determine if a grievance should go forward (AGM 2005)

3.3.7.6.3 to consult with the assigned Provincial Secretariat liaison on all grievances (AGM 2005)

3.3.7.6.4 to consult with the President on all grievances (AGM 2005)

3.3.7.6.5 to maintain confidential records of all grievances (AGM 2005)

3.3.7.6.6 to develop arguments for each grievance (AGM 2005)

3.3.7.6.7 to present the grievance at a grievance hearing (AGM 2005)

3.3.7.6.8 to update the Executive Council on the status of all grievances. (AGM 2005)

3.3.7.7 to request the TBU President to call a General Membership meeting, when necessary, to present a tentative new Collective Agreement (AGM 2006)

3.3.7.7.1 to ensure that all members have access to a copy of all proposed changes for the new Collective Agreement (AGM 2006)

3.3.7.7.2 to communicate to the Branch presidents the process and procedures for the conduction of the vote which will be distributed to Branch Presidents at this General Membership meeting (AGM 2006)

3.3.7.7.3 to request that the TBU President direct the Branch Presidents to conduct a vote by secret ballot in the Branches, by those present, qualified to vote and voting, within 3 days of this General Membership meeting (AGM 2006)

3.4 TBU Executive Council

3.4.1 It shall be the duty of the Executive Council:

3.4.1.1 to promote within the TBU, the aims and objectives of the OSSTF

3.4.1.2 to place before the membership the priorities of the Executive Council for the year

3.4.1.3 to meet before all TBU meetings and at other times at the call of the President or at the written request of five members of the Executive Council

3.4.1.4 to carry out the instructions of the TBU Membership

3.4.1.5 to act as a legislative body, pass interim policy and recommend same to the next TBU General Membership Meeting

3.4.1.6 to deal with all matters brought before it from Branches and which in its opinion require action before the next regular TBU Membership Meeting

3.4.1.7 to keep the District informed of its activities

3.4.1.8 upon the recommendation of the appropriate committee, appoint committee chairpersons at the June Executive Council Meeting as follows:

3.4.1.8.1 Awards Committee

3.4.1.8.2 Collective Bargaining Committee

3.4.1.8.3 Constitution Committee

3.4.1.8.4 Finance Committee

3.4.1.8.5 Nominations Committee

3.4.1.8.6 Benefits Committee

3.4.1.9 to appoint a Chief Negotiator

3.4.1.10 to receive (written) reports from each TBU Standing Committee

3.4.1.11 to receive (written) reports from members who are liaison persons to Board Committees

3.4.1.12 to determine what issues will be forwarded to the Branches for a general membership vote and what issues will be forwarded to a TBU General Membership Meeting for debate and a vote, except as otherwise provided in this Constitution or in the Bylaws

3.4.1.13 to select delegates to the Annual Meeting of the Provincial Assembly, with a recorded vote count of all candidates, in accordance with Bylaw 8. (AGM 2005)

3.4.1.14 to recommend to the District Executive Council the appointment of the TBU AMPA Delegtes. (AGM 2005)

3.4.1.15 to receive from the Treasurer the current financial statements

3.4.1.16 to pass motions to be sent to the Annual Meeting of the Provincial Assembly on behalf of the TBU

3.4.1.17 to receive all committee reports pertaining to changes in Board policy or Board practices initiated by the Executive Council or a Committee of the TBU for debate, amendment and endorsement. Final disposition of such reports will by the general membership.

3.4.1.18 to elect each year from the TBU membership, by secret ballot, at the regularly scheduled June Executive Council meeting, a non-voting Chairperson of Executive Council

3.4.1.19 to appoint committee members as stipulated in the bylaws

3.4.1.20 to appoint substitutes for Executive Council representatives or delegates who are unable to act

3.4.1.21 to authorize and supervise payment of expenses and accounts incurred in the conduct of business of the TBU

3.4.1.22 to inform the District Executive Council and Provincial Executive in writing of any matters adversely affecting the welfare of the Federation or one or more of its members

3.4.1.23 to receive the budget for the next year as submitted by the Finance Committee with power to amend and present to the TBU Annual General Meeting for ratification by the general membership

3.4.1.24 to plan, co-ordinate and conduct the TBU Annual General Meeting

3.4.1.25 to forward motions to the District AMPA Committee and/or to AMPA on behalf of the TBU

3.4.1.26 to form and authorize whatever Ad Hoc Committees might be necessary to conduct essential business

3.4.1.27 to authorize the continuation of all grievances beyond the informal stage

3.4.1.28 to determine the TBU negotiating priorities

3.4.1.29 to approve the brief prepared by the TBU Negotiations Team

3.4.1.30 to inform the membership of the TBU Negotiations brief

3.4.1.31 to select from the membership by election, in accordance with Bylaw 8, councillors to serve on the District Executive. The number to be determined by the District Bylaws. (AGM 2003)

3.4.1.32 upon the recommendation of the Nominations Committee, to declare elected the candidate(s) successfully elected in accordance with Bylaw 8. (AGM 2006)

3.4.2 Duties of Chairperson of Executive Council - It shall be the duty of the Chairperson of Executive Council to:

3.4.2.1 chair all meetings of Executive Council

3.4.2.2 chair all meetings of TBU Membership Meetings (at the request of the President)

3.4.2.3 to prepare the agenda for all Executive Council meetings in conjunction with the President

3.4.2.4 to approve the Executive Council action sheets and cause the action sheets to be distributed to all members of the Executive Council

3.4.2.5 to prepare the report of the Executive Council for the TBU Annual General Meeting

3.4.2.6 to commence duties each year at the end of the regularly scheduled June Executive Council meeting.

3.5 Branches

3.5.1 Each Branch shall submit to the TBU President by May 07, an Annual Report and Financial Statement for the year ending April 30, signed by the Branch President and the Branch Treasurer.

3.5.2 Branch President - It shall be the duty of the Branch President:

3.5.2.1 TBU responsibilities are:

3.5.2.1.1 to attend or send his/her delegate to all Executive Council meetings, TBU General Membership meetings and other such TBU meetings as the TBU President deems necessary

3.5.2.1.2 in the case of co- branch presidents, to designate one as the branch vice president, so that only one member attends meetings as described in 3.5.1.1 (AGM 2004) 

3.5.2.1.3 to consider at Executive Council meetings matters affecting the membership of the TBU and to vote on behalf of the members of the Branch of which he/she is an elected representative (AGM 2004)

3.5.2.1.4 to facilitate the movement of information between his/her Branch and the Executive Council (AGM 2004)

3.5.2.1.5 to act or appoint a designate to act as the Branch Polling Officer (AGM 2004)

3.5.2.2 Branch responsibilities:

3.5.2.2.1 to call regular meetings of the Branch

3.5.2.2.2 to preside at Branch Federation meetings

3.5.2.2.3 to coordinate Branch Federation activities

3.5.2.2.4 to provide for election annually, each June, of Branch officers as determined by the Constitution (AGM 2004)

3.5.2.2.5 to cause the maintenance of Branch Federation records

3.5.2.2.6 to encourage active membership participation in TBU activities

3.5.2.2.7 to serve as a staff representative on the Principal's Heads Council or Cabinet

3.5.2.2.8 to initiate and maintain a working relationship with the Principal

3.5.2.2.9 to serve as one of the In School Staffing Committee representatives (AGM 2004)

3.5.2.2.10 to serve on or appoint another member to be on the School Council,

3.5.2.2.11 to actively seek out Branch representatives for the TBU and District Committees. (AGM 2004)

3.5.2.3 Provincial responsibilities:

3.5.2.3.1 to act as the Branch contact person for OSSTF Provincial Executive, Provincial Council and Provincial committees

3.5.2.3.2 to act as the Branch contact person for O.T.F.

4.1 Each member of the TBU shall contribute, through payroll deduction at source, the District levy.

5.1 Federation Year

5.1.1 Shall run from July 01 to the following June 30.

5.2 Conditions of Employment of President

5.2.1 The work year shall be as defined for a teacher in the Collective Agreement of the Teachers Bargaining Unit.

5.2.2 The position of President shall be paid the maximum of Category 4.

5.2.3 The TBU recognizes for its part that the President shall maintain all the rights and privileges which would have flowed to him/her as a full-time member by authority of the Collective Agreement and any ancillary documents.

5.3 Branch Rebates

5.3.1 Each Branch shall receive two ($2) per TBU member on an annual basis.

5.4 Reserve Accounts

5.4.1 General Reserve

5.4.1.1 A reserve account shall be established and maintained for the TBU General and Operating accounts.

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Bylaw 6 Meetings

6.1 TBU Membership

6.1.1 Quorum

6.1.1.1 Two hundred and fifty (250) members of the TBU shall constitute a quorum at TBU General Membership Meetings called with less than seven days notice in writing in the Branches.

6.1.1.2 For TBU General Membership Meetings called with seven days notice, in writing in the Branches, a quorum shall be the number present and entitled to vote.

6.1.2 Occurrence

6.1.2.1 There shall be a TBU meeting in the last ten school days of May (hereinafter referred to as the TBU Annual General Meeting) to:

6.1.2.1.1 discuss the business of the TBU

6.1.2.1.2 receive reports

6.1.2.2 There shall be a TBU General Membership Meeting at such other times as may be determined by the TBU President.

6.1.3 Time and Place of Meetings

6.1.3.1 The exact time and place of any General Membership Meeting and the TBU Annual General Meeting shall be at the discretion of the President of the TBU. The notice of each meeting shall be given to each Branch President for posting and notification of the members at least seven (7) calendar days before the date of the meeting.  Timelines may be altered for the purpose of presenting a tentative Collective Agreement. (AGM 2006)

6.1.4 Petition for Meeting

6.1.4.1 Upon receipt of a written petition of at least fifty (50) members requesting a meeting of the TBU Membership for the consideration of matters pertinent to the business of the TBU, the President shall call a special meeting.

6.1.5 Commencement of Meetings

6.1.5.1 As soon after the hour designated for a meeting as there shall be a quorum present, the President or the Presiding Officer shall call the meeting to order.

6.1.5.2 Unless a quorum is present within thirty (30) minutes after the time appointed for the meeting, the President may:

6.1.5.2.1 declare the meeting adjourned until another date and time, or

6.1.5.2.2 conduct a meeting of the members present as a Committee of the Whole which shall recommend to the next TBU General Membership Meeting or Executive Council meeting action on matters listed on the Agenda.

6.1.6 Procedure

6.1.6.1 Meetings of the TBU shall be conducted according to the following order:

6.1.6.1.1 reading of the OSSTF Pledge

6.1.6.1.2 minutes of previous meetings and business arising there from

6.1.6.1.3 appointments of temporary committees

6.1.6.1.4 accounts and business, and business arising there from

6.1.6.1.5 reports of officers

6.1.6.1.6 reports of committees

6.1.6.1.7 business arising from reports

6.1.6.1.8 unfinished business (including matters tabled from previous meetings)

6.1.6.1.9 new business

6.1.6.1.10 adjournment

6.1.6.2 The order of business as set forth in 6.1.6.1 maybe varied only with the assent of two-thirds (2/3) of the members present.

6.1.7 Debate and Conduct

6.1.7.1 The Presiding Officer shall preserve order and decorum, and decide questions of order, subject to an appeal to the majority of the members present at meetings of the TBU.

6.1.7.2 No debate shall be held on a topic until there is a motion on the floor (i.e. a question has been moved, seconded and stated to the meeting by the Presiding Officer). All motions shall be written, and presented to the secretary before the vote on the question is called.

6.1.7.3 A time limit may be set on debate if the meeting so decides.

6.1.7.4 The mover of a motion shall have the privilege of being the first speaker in the debate on the motion, and shall have the further privilege of speaking once more to conclude the debate.

6.1.7.5 A member who wishes to speak must first be recognized by the chair, state his/her name and Branch, and must begin by stating whether he/she supports or opposes the motion

6.1.7.6 A member shall not speak more than once on a motion.

6.1.7.7 A member who has already spoken to the question has no right to rise again and propose the adjournment of the meeting.

6.1.7.8 If free debate on a topic is desirable without the necessity of having a motion on the floor, the Assembly may go into a Committee of the Whole for such debate. At the conclusion of such free debate, a member may move that the Committee of the Whole "rise and report", at which time any resolutions passed in the Committee of the Whole may be proposed as main motions.

6.1.7.9 Motions may be amended by insertion, addition, deletion or deletion and insertion, but no amendment shall be in order the effect of which is to negate a main motion. Only one amendment shall be allowed to an amendment, and any additional amendment must be to the main motion.

6.1.7.10 A motion for "the previous question" shall be in order at any time during the debate. Until decided it shall preclude all amendments of the original motion, and it shall be in the following words: "That the question be now put." If the motion for the previous question be resolved in the affirmative, the original motion shall then be disposed of without further debate. If the previous question be resolved in the negative, the original motion may be further debated and amended.

6.1.7.11 The following shall be the order of precedence for motions:

6.1.7.11.1 fix time at which to adjourn

6.1.7.11.2 adjourn

6.1.7.11.3 recess

6.1.7.11.4 question of privilege

6.1.7.11.5 to table (to hold over until the next meeting)

6.1.7.11.6 previous question

6.1.7.11.7 postpone to a set time

6.1.7.11.8 commit (refer)

6.1.7.11.9 amend

6.1.7.11.10 postpone indefinitely

6.1.7.11.11 main motion

6.1.7.12 With the exception of the Presiding Officer, all members present shall have an equal right to vote on all questions. The Presiding Officer will vote only in the case of a tie vote.

6.1.7.13 When necessary the Presiding Officer will decide whether a motion has two or more independent parts that may be voted on separately.

6.1.7.14 Except as otherwise provided in this Bylaw or in the Constitution, a vote of the majority of the members present at a properly constituted meeting shall decide all questions, and the Presiding Officer shall declare the disposition of all questions after the vote is taken, his/her decision being final.

6.1.7.15 After any question has been decided, any member who voted in the majority may move for reconsideration thereof, but no action shall be taken by the TBU on the main question until such motion for reconsideration is put and three-quarters (3/4) of the members present vote in favour of the reconsideration.

6.1.8 Interpretation and Appeal

6.1.8.1 Whenever a point of order arises, it shall immediately be taken into consideration; and the Presiding Officer shall decide it, interpreting the Section from this Bylaw which applies or such other authority applicable to the case.

6.1.8.2 The decision of the Presiding Officer shall be final unless an appeal is made to the TBU in session, in which case the question: "Shall the ruling of the chair be sustained?" shall be determined without debate.

6.1.9 Requests (no vote required)

6.1.9.1 Question of Privilege - relates to any matter affecting rights and immunities of the Assembly collectively, or to the position, reputation and conduct of member in their respective character

6.1.9.2 Point of Order - to call attention to a violation of the rules or to an error in procedure

6.1.9.3 Point of Information - (parliamentary inquiry)

6.1.9.3.1 question to Presiding Officer relating to procedures or to the meaning or effect of the impending motion

6.1.9.3.2 question to the speaker or proposer of the motion about the pending motion

6.1.9.3.3 Division of Meeting - to verify an indecisive vote by a show of hands, voters may be required to rise, and if necessary, be counted

6.2 TBU Executive Council

6.2.1 The Executive Council shall meet on a regular basis at the call of the President or at the written request of five members of the Executive Council.

6.2.2 Interim policy matters in the Executive Council shall be voted upon according to the following:

6.2.2.1 one vote for each member

6.2.2.2 a majority shall be 75% of the members present, eligible to vote and voting

6.2.2.3 interim policy will be presented to the next TBU General Membership Meeting for ratification

6.3 TBU Committees

6.3.1 Committees of the TBU shall report by majority report to the Executive Council which shall take appropriate action.

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7.1 Committees–General

7.1.1 The TBU President shall be an ex officio member of all TBU Committees

7.1.2 The President shall request that a Federation Services Officer be attached to each TBU Committee

7.1.3 Committee Chairpersons will:

7.1.3.1 report the names of committee members to the President before the end of September each year.

7.1.3.2 ensure that the activities of the committees are communicated to the TBU General Membership on a regular basis.

7.1.3.3 submit their annual priorities to the Executive Council at the first Executive Council meeting of the school year. These priorities shall be consistent with the TBU Priorities established by the Executive Council.

7.1.3.4 submit their operating structures to the Executive Council at the October Executive Council meeting.

7.2 Collective Bargaining Committee

7.2.1 Composition:

7.2.1.1 a representative from each branch

7.2.1.2 the Chief Negotiator

7.2.2 Duties of the Committee: (AGM 2005)

7.2.2.1 to assist the Executive Council in determining negotiating priorities through communication and consultation with the TBU General Membership

7.2.2.2 to recommend to the Executive Council a Chief Negotiator

7.2.2.3 to discuss strategies regarding implementation of the TBU negotiating brief

7.2.2.4 to present the brief to the Executive Council for approval

7.2.2.5 recommend to the Executive Council, candidate(s) for the position of Committee Chairperson for the following year, prior to the June Executive Council meeting,

7.2.2.6 to elect from the CBC membership three (3) members who along with the Chairperson and the Chief Negotiator will be the Negotiating Table Team for the TBU.

7.2.2.7 to recommend to the Executive Council, candidate(s) for the position of Committee chairperson for the following year, prior to the June Executive Council meeting. (AGM 2005)

7.2.3 The duties of the Collective Bargaining Chairperson shall be: (AGM 2005)

7.2.3.1 to prepare and present with the Chief Negotiator a negotiations brief to the Executive Council (AGM 2005)

7.2.3.2 to be a part of the Negotiations Table Team (AGM 2005)

7.2.3.3 to be a part of the District Bargaining Committee. (AGM 2005)

7.2.4 The duties of the Negotiating Table Team will be:

7.2.4.1 to prepare a brief to present to the employer which reflects the priorities established by the Executive Council

7.2.4.2 to negotiate a collective agreement with the employer and to communicate regularly with the Executive Council and the TBU Membership on the status of negotiations

7.2.4.3 to recommend to the Executive Council approval of a tentative agreement or recommend other courses of action if an agreement cannot be reached

7.2.5.1 to attend or send a designate to all the TBU CBC meetings, (AGM 2004)

7.2.5.2 to report regularly on collective bargaining issues to the branch, (AGM 2004)

7.2.5.3 to assist in the administration of the annual CBC survey to determine the negotiating priorities, (AGM 2004)

7.2.5.4 to serve as one of the In School Staffing Committee representatives, (AGM 2004)

7.2.5.5 to assist the District and Provincial Offices in gathering information on workload issues. (AGM 2004)

7.3 Finance Committee

7.3.1 Composition

7.3.1.1 TBU Treasurer,

7.3.1.2 two other members of the Executive Council to be appointed by the President

7.3.1.3 two members of the TBU at large selected by the Nominations Committee from applications received before the June Executive Council meeting.

7.3.2 Duties

7.3.2.1 to review the financial records of the TBU in January and June of each school year and report without prejudice to the Executive Council

7.3.2.2 to prepare the annual TBU budget for presentation to the Executive Council at the February meeting for submission to the District Finance Committee,

7.3.2.3 to make recommendations on such financial matters as may be commended to it from time to time by the Executive Council,

7.3.2.4 to provide input, through the Treasurer and the Executive Council, to the District concerning financial matters of the District or Provincial OSSTF

7.3.2.5 recommend to the Executive Council, candidate(s) for the position of Committee Chairperson for the following year, prior to the June Executive Council meeting,

7.3.2.6 to receive from the Executive Council the TBU annual audited financial statements and recommendations from the auditor.

7.4 Nominations Committee

7.4.1 Composition:

7.4.1.1 Chairperson - Must be a member of the TBU in good standing who currently holds no other office in the TBU and who is not seeking any other office

7.4.1.2 five (5) members elected by the Executive Council. Members may apply to the Chairperson of Executive Council for election by the Executive Council meeting in June

7.4.1.3 a member of the Executive Council appointed by the President

7.4.2 Duties:

7.4.2.1 to inform candidate(s) within 24 hours of further nominations to the position

7.4.2.2 to prepare the report of the Nominations Committee for the Annual Report

7.4.2.3 to make available the report of the Nominations Committee to the appropriate electorate at least seven (7) calendar days before any election

7.4.2.4 to report to the membership the results of the Presidential election including vote count within five (5) school days of the election (AGM 2006)

7.4.2.5 to conduct that portion of the TBU Annual General Meeting relating to the election of officers

7.4.2.6 to report to the membership the results of the Executive Council elections including vote count (other than President)

7.4.2.7 to report to the Executive Council the recommendations for appointment to the appropriate Standing Committees

7.4.2.8 to report to the Executive Council the results of the election of the Chairperson of Executive Council

7.4.2.9 to receive in writing, nominations for the various elected positions by the dates stated in Bylaw 8. Notwithstanding the above, nominations shall open 28 days prior to the election ans shall close 14 days prior to the election.

7.4.2.10 to actively seek out, after the first week of nominations, candidates for positions for which no nominations have been received

7.4.2.11 to conduct the election of the President

7.4.2.12 to provide for the Presidential election, three (3) all candidates meetings scheduled after school, at three (3) appropriate locations and held during the two week campaign period (AGM 2004)

7.4.2.13 to conduct the election of all Executive Council positions, (AGM 2004)

7.4.2.14 to provide candidates for election with limited text space, as determined by the committee, on the District 11 website elections page, for candidates to present themselves to the membership, (AGM 2004)

7.4.2.15 to conduct, at the regularly scheduled June Executive Council meeting, the election of the Chairperson of Executive Council, (AGM 2004)

7.4.2.16 to recommend the names of successful candidates to the TBU Executive Council. (AGM 2004)

7.4.2.17 to recommend to the Executive Council, candidate(s) for the position of Committee chairperson for the following year, prior to the June Executive Council meeting. (AGM 2005)

7.4.2.18 to conduct the election for the TBU Delegates to the Annual Meeting of the Provincial Assembly (AGM 2005)

7.4.2.19 to report to the Executive, the results, including the vote count, of the election of the AMPA Delegates. (AGM 2005)

7.5 Constitution Committee

7.5.1 Composition:

7.5.1.1 Chairperson

7.5.1.2 Three (3) members appointed by the Executive Council

7.5.2 Duties:

7.5.2.1 The committee will maintain an ongoing review and update of the TBU Constitution and Bylaws.

7.5.2.2 The committee will receive submissions concerning proposed changes to the TBU Constitution and Bylaws.

7.5.2.3 The committee will recommend Constitution and Bylaw amendments to the Executive Council.

7.6 Benefits Committee

7.6.1 Composition:

7.6.1.1 Chairperson

7.6.1.2 Up to ten (10) members.

7.6.2 Duties:

7.6.2.1 receive and distribute benefits information to the Branches

7.6.2.2 consider and recommend to the Collective Bargaining Committee proposed changes to the TBU benefits structure

7.6.2.3 to organize a pension information meeting annually

7.7 Awards Committee

7.7.1 Composition:

7.7.1.1 Chairperson

7.7.1.2 Up to one member per Branch (AGM 2003)

7.7.2 Duties:

7.7.2.1 to establish, in early fall, the dates for the two Teachers’ Bargaining Unit awards, namely the E.C. McTavish Awards and the Grade 10 Citizenship Awards (AGM 2003) 

7.7.2.2 to assist in the establishment of the date for the Bishop Townshend Awards of Educator Excellence (AGM 2003)

7.7.2.3 to assist in the administration of the Bishop Townshend Award of Educator Excellence (AGM 2003)

7.7.2.3.1 The Branch Awards Rep shall assist in the selection of the Award recipient at the Branch level (AGM 2003)

7.7.2.4 to administer the E.C. McTavish Awards (AGM 2003)

7.7.2.4.1 The Branch Awards Rep shall assist in the selection of the Award recipient at the Branch level (AGM 2003)

7.7.2.5 to administer the Grade 10 Citizenship Awards (AGM 2003)

7.7.2.5.1 The Branch Awards Rep shall assist in the selection of the Award recipient at the Branch level (AGM 2003)

8.1 Elections

8.1.1 TBU President

8.1.1.1 Voting for the position of President shall be by secret ballot in the Branches in February of even numbered years.

8.1.1.2 The term of office shall be a two year term commencing on July 01 of that year.

8.1.1.3 The above notwithstanding, for the 2002 - 2004 term, if the District President is a member of the TBU then he or she will be deemed to be the TBU President.

8.1.2 TBU Executive Council

8.1.2.1 The Nominations Committee shall call for and receive from the membership, in even numbered years, nominations to the Executive Council positions of Vice President, Treasurer, Secretary and Provincial Councillor(s) - Part X Education Act - at least 28 days prior to the election date of the TBU Annual General Meeting. (AGM 2005)

8.1.2.2 The Nomination posting will include a description of the duties of each position and the campaign rules for the election. (AGM 2005)

8.1.2.3 The Nomination period will open 28 days prior to the election date and close fourteen days prior to the election. (AGM 2005)

8.1.2.4 A list of nominations received will be circulated to the members of Executive Council at least one week prior to the close of nominations. (AGM 2005)

8.1.2.5 Speeches by candidates shall occur during the TBU Annual General Meeting.

8.1.2.6 Voting for these positions shall be by secret ballot in the Branches on the day following the TBU Annual General Meeting in even numbered years. (AGM 2005)

8.1.2.7 Votes may be cast in the Branches by those Teachers’ Bargaining Unit members present, qualified to vote and voting. (AGM 2005)

8.1.2.8 The term of office shall be a two year term commencing on July 01 of that year.

8.1.2.9 The successful candidate for Vice-President, Secretary, Treasurer, and Provincial Councillor(s) shall be the candidate receiving the greatest number of votes on one ballot. (AGM 2005)

8.1.3 Chairperson of Executive Council

8.1.3.1 The Nominations Committee shall call for and receive from the membership nominations to the position of Chairperson of Executive Council at least two weeks prior to the June meeting of Executive Council.

8.1.3.2 The Nominations Committee shall circulate to the members of Executive Council at least seven days prior to the June meeting of Executive Council the list of nominees to the position of Chairperson of Executive Council.

8.1.3.3 The Nominations Committee shall conduct the election of the Chairperson of Executive Council at the June meeting of Executive Council.

8.1.3.4 The Chairperson-Elect of Executive Council shall assume office at the end of the June meeting of Executive Council. (AGM 2006)

8.1.3.5 Alternate time lines to be followed in the event that unforeseen circumstances cause disruption to the election process shall be included as part of the Nominations Committee report prior to an election.

8.1.4 District Councillors (AGM 2003)

8.1.4.1 The Nominations Committee shall call for and receive from the membership nominations to the position of District Councillor at least two weeks prior to the June TBU Executive Council meeting. (AGM 2003)

8.1.4.2 The list of nominees will be circulated to the Executive Council at least 7 days prior to the June TBU Executive Council meeting. (AGM 2003)

8.1.4.3 The Nominations Committee shall conduct the election of District Councillors at the June Executive Council meeting. The number of Councillors to be elected will be in accordance with the District Bylaws. (AGM 2003)

8.1.4.4 The election will occur in even numbered years and the Councillors shall assume their duties the following September. (AGM 2003)

8.1.4.5 Alternate time lines to be followed in the event of unforeseen curcumstances must be approved by TBU Executive Council. (AGM 2003)

8.1.4.6 Any vacancies in the positions of TBU District Councillors that occur prior to the end of the term shall be filled by appointment of the TBU President. (AGM 2005)

8.1.5.1 voting for Branch Executive positions as determined in Article 3.6.3 shall be by secret ballot in the Branches annually each June, on a date during the first week of June. (AGM 2004)

8.1.5.2 The term of office for each Branch position shall be a one year term, commencing July 01 annually. (AGM 2004)

8.1.5.3 Nominations shall open 14 days prior to the election and shall close 4 days prior to the election. (AGM 2004)

8.1.5.4 Speeches by candidates may occur at a Branch meeting. (AGM 2004)

8.1.5.5 Campaign materials shall be limited to ONE page of literature per candidate. (AGM 2004)

8.1.5.6 By June 15 annually, the Branch President shall communicate the names for the positions on the Branch Executive to the District Office on a provided form. (AGM 2004)

8.1.6 AMPA Delegates (AMPA 2005)

8.1.6.1 The Nominations Committee shall call for and receive from the membership, annually, nominations for the positions of TBU Delegates to the Annual Meeting of the Provincial Assembly as soon as the District FTE information is received from the Provincial Office. (AMPA 2005)

8.1.6.4 The Nomination period will open on the date of the Annual General Meeting and close on the Friday prior to the first regular Executive meeting of the Federation year. (AMPA 2005)

8.1.6.5 A list of nominations received will be circulated to the members of Executive Council at least one week prior to the close of nominations. (AMPA 2005)

8.1.6.6 In the event of not enough applicants by the close of nominations, the Nominations Committee will actively seek out further candidates. (AMPA 2005)

8.1.6.7 All voting members of the Executive Council shall be eligible to cast a ballot. (AMPA 2005)

8.1.6.8 Votes may be cast by those Executive Council members present, qualified to vote and voting. (AMPA 2005)

8.1.6.9 The successful candidates shall be those with the highest recorded vote count on one ballot. (AMPA 2005)

8.1.6.10 Should a tie vote occur in determining the final Delegate position, a second tie breaker ballot will occur with only the names of those holding the tied vote count appearing on the ballot. (AMPA 2005)

8.1.6.11 The successful candidate in a tie vote ballot shall be the one with the highest vote count. (AMPA 2005)

8.1.6.12 A list and vote count shall be maintained of the unsuccessful candidates. (AMPA 2005)

8.1.6.13 This list shall be used, in order of highest votes received, to replace any elected Delegate should circumstances necessitate the withdrawal of a Delegate. (AMPA 2005)

8.1.6.14 The Nominations Committee shall conduct the election and recommend the successful candidates to the Executive. (AMPA 2005)

8.2 Appointments

8.2.1 Committee Chairperson(s) shall be appointed by the TBU President and ratified by the Executive Council

8.2.2 The appointments shall commence July 01 of that year.

8.3 Vacancies

8.3.1 During a term of office a vacancy on the Executive Council, with the exception of the Presidency, shall be filled by a member appointed by the Executive Council.

8.3.1.1 Candidates named by a selection committee formed by the TBU Executive Council shall be confirmed by a two-thirds vote of the TBU Executive Council. (AGM 2003)

8.3.2 A vacancy in the position of President shall be filled in accordance with Bylaw 3.3.2.6. (AGM 2003)

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9.1 Members of the TBU affected by a Grievance Officer's decision to deny a grievance may appeal this decision using the following procedure. The Grievance Officer shall not allow an appeal to stale date a grievance.

9.1.1 Within three days of the decision, the affected member (herein called the Appellant) shall request in writing from the TBU President an Appeal Hearing.

9.1.2 Within two days of receiving the request, the TBU President shall appoint three voting members of the Executive Council to an Appeal Committee.

9.1.2.1 Notwithstanding 9.1.2, neither the TBU President nor the Grievance Officer shall be appointed to the Appeal Committee.

9.1.3 Within three days, the Appeal Committee shall meet to hear the appeal.

9.1.4 The TBU President shall notify the Appellant, the Grievance Officer and the Appeal Committee of the date and time of the Appeal Hearing.

9.1.5 The Appellant may bring one other OSSTF member for support.

9.1.6 The Appeal Hearing shall be conducted as follows:

9.1.6.1 The Grievance Officer shall give his/her reasons for denying the grievance.

9.1.6.2 The Appellant shall give his/her reasons why the grievance should not be denied.

9.1.6.3 Each side shall have one opportunity for rebuttal and summation.

9.1.7 Within two days, the Appeal Committee shall render its judgment, with reasons, either in support of the grievance or against it.

9.1.8 Within two days, the TBU President shall communicate in writing the decision of the Appeal Committee to the Appellant.

9.1.8.1 The judgment shall be considered final and not subject to appeal.

9.1.9 In the case where the Appeal Committee finds for the Appellant, the Grievance Officer shall proceed with the grievance forthwith in the manner outlined in the Collective Agreement.

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