CUPE 3903 Bylaws Changes – Notice made Tuesday, September 27, 2011
To be voted on at a General Membership Meeting on Wednesday, November 2.

The following changes are being proposed to the Bylaws of CUPE Local 3903 in response to the suggestions made by CUPE National President Paul Moist and the CUPE 3903 Bylaws Committee, in addition to Chief Stewards of Units 1 and 2 and the 3903 Recording Secretary. 
Changes are indicated by bolded text and increased font size. Deletions are denoted by strikethrough. These are to be read with the Bylaws as amended in January of 2011 and approved – in part – in February of 2011.
The last two sections – the rules of order and the internet communications guidelines – have been proposed previously but not passed. Several changes have been made to these documents but they are presented here as whole documents. 

Article 4:	Affiliations
In order to strengthen the labour movement and work toward common goals and objectives, Local 3903 shall normally be affiliated to and pay per capita tax/affiliation fees to the following organisations:
	(i)	the CUPE Ontario Provincial Division;
	(ii)	the Toronto CUPE Council;
	(iii)	the Ontario Federation of Labour;
	(iv)	the Toronto and York Region CLC Labour Council.

Article 7:	Dues and Assessments
(d)	Payment of initiation fees is a tangible confirmation of the desire to become a member of your local union and the Canadian Union of Public Employees.  Each application for membership in the local union will be directed to the Secretary-Treasurer and will  be accompanied by an initiation fee of one ($1.00) dollar which shall be in addition to monthly dues.  The Secretary-Treasurer shall issue a receipt.  If the application is rejected, the fee shall be returned.

Article 8:	Executive Committee
(b)	The honorarium offered for executive service shall be $600 per month. Honoraria will be accrued but not paid during a strike, and shall be paid upon the ratification of the collective agreement.
(f)	A simple majority of members of the Executive Committee which will include no less that (1) Executive Committee member, should they exist, from each unit, shall constitute a quorum for the transaction of business.
(g)	All positions on the Executive Committee are voting positions. In a matter where an Executive Committee member has a private or personal interest sufficient to appear to influence the objective exercise of her official duties that member shall absent herself from any discussion and vote germane to that matter. Executive Committee members with a conflict of interest in any matter under consideration at a meeting of the Executive shall absent themselves from both discussion and vote.
(i)	The Executive Committee shall ensure that each member of the Committee participates in training opportunities relevant to their duties.  Outgoing Executive members shall arrange for the training and orientation of incoming Executives. Failure of any Executive member to participate in the required training within three (3) months of taking office shall result in the position being declared vacant.
(m)  Each member of the Executive Committee will sit on at least one (1) additional Union committee. 

Article 9: 	Officers
(a)	The Chairperson normally shall preside at all membership and Executive Committee meetings and preserve order.  She shall be responsible for the logistics regarding general membership meetings and executive committee meetings.  
(d)	The Chairperson shall enforce the CUPE National Constitution, these Local Union bylaws and the Equality Statement.
(e)	The Chairperson shall decide all points of order and procedure (subject always to appeal to the membership).
(i)	The Chairperson shall ensure that all Officers perform their assigned duties.
(j)	The Chairperson shall introduce new members and conduct them through the initiation ceremony.

Article 10: 	Committees
(b) 	Each exiting committee shall be responsible for presenting a report at the annual general meeting (AGM). In addition, each member of each committee must write a report of their activities, including number of hours worked, to be presented to the Membership at the end of their term. Honoraria will not be released until this report is received.
(c)	Minutes or some form of notes from each committee meeting should be kept of each meeting and regularly forwarded to the Recording Secretary of the Local for filing. In the cases where confidentiality is an issue those minutes ought to be taken with the fact in mind that these will be public minutes. It should be noted that some committees are not only accountable to the Local, but also to the Employer, as outlined in the Collective Agreements.
(d) 	Attendance at all committee meetings must be recorded. Failure to attend three (3) consecutive meetings without having submitted good reason in writing within one week before or after the absence will result in that position being declared vacant. Failure to attend 50% of all meetings without written reasons will result in a corresponding reduction in honorarium. 
(d)	Should any committee member fail to attend three (3) consecutive meetings without having submitted good reason in writing within one week before or after the absence, their position shall be declared vacant.
(e)	In accordance with the grievance settlement with CUPE Local 1281, All committee members, including the Executive Committee, shall receive anti-oppression and anti-harassment training, as provided through the Equity Officer.
(f)	The Executive Committee elected in March 2011, shall, within two (2) months of being elected into office, revise the descriptions below to include roles, responsibilities and accountability of each Committee and in accordance with the principles of equity.  Such revisions shall be duly processed in accordance with Article 23 of these bylaws.
(g) 	Open committee positions can be filled pro tem by the Executive Committee. Upon the position being filled in this manner it will be advertised as open and a two week nominations period will begin. Should no other Member step forward the Member temporarily appointed to the position will be acclaimed. Should another Member be nominated elections will proceed as per Article 14 (Elections).  
Archive Committee
(a)	Given that the creation of an archive is necessary for the preservation of institutional memory, the presence of Archive Curators as 3903 standing committee members is therefore essential to the well-being of our local.
(b)	The 3903 Archive Committee shall consist of two curators.
(c)	The curators shall be responsible for creating and subsequently maintaining an archival fonds for the local.
(d)	The curators shall also be responsible for:
(i)	encouraging members to look for and donate their sources to the 3903 collection;
(ii)	transmitting sources to the 3903 collection;
(ii)	organising at least one annual event on any given 3903/archive-related topic;
(iii)	getting acquainted with the collection’s index and inform members and non-members on the available documents and their degree of accessibility;
(iv)	officiating as go-betweens for members wishing to talk to an archivist;
(v)	issuing calls for testimonies.
(e)	The CUPE 3903 Archive Curators are elected for a one-year term.
Honorarium: $750 per year, per position.
Communications Committee
Honorarium: $1,000 year, per position.

Article 14:	Elections
(a)(iii) The following positions shall be elected only by the members of the bargaining unit represented: Unit Vice-Presidents, Unit Chief Stewards, Unit Bargaining Team members and Labour Management Committee members.
(d) 	A ballot box shall be available at the general membership meeting or special membership meeting called for the purposes of any secret ballot. Ballots shall remain available for two hours following the GMM/SGMM and shall be available again from 9am to 5pm at Keele and from 11am to 3pm at Glendon, Monday through Friday. 

Article 15: 	Membership Meetings 
(d) 	The present Bylaws can be amended or altered only at general meetings of the membership (GMM) or at special general meetings of the memberships (SGMM).  In the case of the latter, the motion must be germane to the matter for which the meeting was called. 
(e) 	In order to amend or alter the Bylaws, notice of motion can be given at a meeting, no less than seven (7) days prior to the motion being put to a vote.  Alternately, a notice of motion can be given in writing to the membership no less than sixty (60) days prior to the vote. 
(f) 	In order for a motion to amend or alter the Bylaws to be carried, a two- third majority of the delegates present and voting must vote in favour. 
[These clauses have been moved to article 24: Amendments]

Article 17: 	Bargaining
(3) (a) Each Bargaining Team member shall receive an honorarium of $400 per month. Honoraria will be accrued but not paid during a strike, and shall be paid upon the ratification of the collective agreement and will not be paid during the strike period.

Article 21: 	Ratification
(a) 	Upon completion of negotiations, the Terms of Settlement shall be brought forward by the Bargaining Team and the Executive Committee for ratification to the Membership at a meeting called for that purpose. The decision to bring forward the Terms of Settlement shall be made by a simple majority vote of the Bargaining Team and the Executive Committee. Each member shall have only one vote.

Article 24:	 Amendments
(B) 	Any two members in good standing may propose an amendment to these bylaws, providing it is submitted in writing to the executive and duly signed by both members.
(c) 	The proposed amendment shall be issued in writing by the executive, as submitted, to every member and may include a recommendation of concurrence or non-concurrence as decided by a majority vote of the executive.
(d)	 In order to amend or alter the Bylaws, notice of motion can be given at a meeting, no less than seven (7) days prior to the motion being put to a vote.  Alternately, a notice of motion can be given in writing to the membership no less than sixty (60) days prior to the vote. 
(f) 	The present Bylaws can be amended or altered only at general meetings of the membership (GMM) or at special general meetings of the memberships (SGMM).  In the case of the latter, the motion must be germane to the matter for which the meeting was called. 
(g) 	In order for a motion to amend or alter the Bylaws to be carried, a two- third majority of the delegates present and voting must vote in favour. 

APPENDIX B – Rules of Order
1.	The Chair will be the Chairperson at all membership meetings.  In the absence of the Chair, one of the three Unit VP’s will be the Chairperson at the membership meeting.  In the absence of the Chair another member of the Executive committee will be the Chairperson at the membership meeting. Quorum rules must be met.
2.	Members are not allowed to speak about an issue for more than three minutes.  First time speakers will be privileged before a member is allowed to speak to an issue a second time.
3.	The Chairperson of a committee who is making a report or the mover of a motion may speak for up to ten minutes.  With the agreement of the members present, the ten minutes may be expanded.
4.	Every motion will be restated  before allowing debate on the motion and prior to the motion being put to a vote.  Before putting a motion to a vote, the Chairperson will ask:  “Is the Local ready for the motion?”  If no member rises to speak, the motion will be voted upon.
5.	A motion must be moved and seconded.  The mover and seconder must be recognized by the Chairperson.
6.	A motion to amend a motion, or a motion to amend an amendment are allowed, however a motion to amend an amendment to an amendment is not allowed.
7.	An amendment to a motion or an amendment to an amendment to a motion that is a direct negative to the main motion is never permitted.
8.	On motion, the regular order of business at a membership meeting may be suspended where two-thirds of those present vote to do so.  The regular order of business should only be suspended to deal with urgent business.
9.	Motions other than those named in Rule 19, or motions to accept or adopt the report of a committee, will be put in writing prior to beginning debate.
10.	At the request of a member, and upon a majority vote, a motion which contains more than one action or issue can be divided.
11.	The mover of a motion can withdraw the motion upon the consent of the seconder prior to the end of debate.  Once debate has ended on a motion, the motion can only be withdrawn upon unanimous vote of the members present.
12.	A member who wishes to speak on a motion, or a member who wishes to move a motion, shall   not proceed until the member is recognized by the Chairperson except where the member speaks to a point of order or on a question of privilege.
13.	The Chairperson will keep a speakers list and in all cases will determine the order of speakers including those circumstances where two or more members rise to speak at the same time.
14.	A member, while speaking, will speak only to the issue under debate.  Members shall not personally attack other members.  
15.	A member that is called to order will stop speaking until the point of order is determined.  If it is decided that the member is in order, then the member may continue speaking.
16.	  Where the Chairperson wishes to speak on a resolution or motion, or where the Chairperson wishes to move a motion, the Chairperson must  be replaced as outlined in Rule #1, for the duration of the discussion.
17.	The Chairperson will have the same right to vote as other members.  In the case of a tie vote, the Chairperson may cast another vote or the Chairperson may refrain from casting an additional vote, in which case the motion is defeated.
18.	When a motion is before the members, no other motion is in order except a motion to 1) adjourn;  2) table; 3) refer; or 4) divide; or 5) amend.  These five motions shall have precedence in the order indicated.  Motions 1 and 2 shall be decided without debate.
19.	A motion to adjourn is in order except when a member is speaking or when members are voting.
20.	A motion to adjourn, if lost, is not in order if there is further business before the Local Union, until fifteen minutes have elapsed.
21.	The Chairperson will declare the vote results on a question and these results shall be minuted.
22.	If a member wishes to appeal a decision of the Chairperson, the member must appeal at the time the decision is made.  If the appeal is seconded, the Chairperson will be replaced as outlined in #1 and the member will be asked to state briefly the basis for the appeal.  The Chairperson will then state briefly the reasons for the decision.  Following immediately and without debate, the new Chairperson will ask if the decision of the previous Chairperson is to be upheld.  A majority vote shall decide.  In the event of a tie vote, the decision of the chair is upheld.
23.	After a question has been decided, any two members who have voted with the majority can move reconsideration, provided that a motion for reconsideration is made at either the meeting where the decision proposed for reconsideration was made, or at the very next meeting.
The Local Union’s business and the proceedings of meetings are not to be divulged to any persons outside the Local Union, or the Canadian Union of Public Employees.

APPENDIX F – Internet Communications Guidelines
Preamble 
CUPE 3903 is committed to maintaining listservs and any other web-based channels of communication that are safe and accessible for all members while ensuring that they provide space for fruitful, spirited discussion where the listserv’s mandate permits. This means that, for listservs with a restricted purpose and mandate, members are expected to limit their discussions to the scope of the listserv. All members are expected to commit to participating in ways that avoid harassing behaviour, discriminatory behaviour and personal attacks (definitions below). While this kind of participation is meant to ensure safe spaces for broad participation, it will not always ensure comfort. It is everyone’s responsibility to be conscious of the difference between posts with content or opinions that one dislikes or finds politically disagreeable and posts that include discriminatory and/or harassing language. 
If an email upsets you, please take the time think about which one of these circumstances it represents. Similarly, if your remarks are flagged as harassing, discriminatory or attacking, please take the time to think about what you wrote before responding. We hope and expect that all members will be able to contribute to maintaining safe spaces for discussion. 
However, we know that this is not always the case. As a result, our commitment to maintaining  safe spaces means that sometimes members who, after fair warning, prove themselves incapable of contributing to the production of such spaces may be temporarily or permanently banned from the listservs in order to preserve the space for all members. While we recognize that absolute objectivity is never possible, these guidelines aim to set minimum standards for internal communication. This includes all-Union lists, committee listservs, and other web-based communications.
Definitions
Harassment and discrimination are illegal under the Ontario Human Rights Code and/or the Occupational Health and Safety Act.
Harassment and Discrimination
Harassment on listservs includes, but is not limited to, threats or a pattern of aggression, insulting, demeaning or derogatory remarks about an individual’s intelligence, competence, physical appearance or other characteristics which create a negative psychological and emotional environment for the member and/or in the union. Harassment is demeaning, offensive, intimidating, embarrassing and hurtful, and can undermine the integrity of an individual.
Discrimination on listservs includes comments that demean others on the basis of/by reason of race, creed, colour, age, sex, marital status, parental status, number of dependents, nationality, ancestry, place of origin, native language, disability or disabilities, Acquired Immune Deficiency Syndrome (AIDS), or related illness, political or religious affiliations or orientations, academic affiliations, record of sexual orientation, transsexual transition status, gender expression, and gender identity.
Listserv Rules
1. On signing up for the listserv, moderators give members the listserv rules and posting guidelines. The rules and posting guidelines will also be posted on the Union’s web-site.

2. If someone does not respect the rules and guidelines once, the listserv moderator(s) will remind them privately as to how the message contravenes the listserv policy and will inform the person about steps 3 to 5 below. The moderator(s) will also post a message on the listserv to advise people that they are following up on the harassing, discriminatory or attacking post.

3. For failing to meet the guidelines again within one year, moderator(s) may remove the member from the listserv for up to one week.

4. If a member removed returns to the listserv and does not meet the guidelines again within one year, moderator(s) may remove the member from the listserv for up to two weeks.
5. If a member removed returns to the listserv and does not meet the guidelines again within one year, moderator(s) may remove the member from the listserv until an investigation has been conducted by the executive committee, as per the CUPE constitution.

6. For particularly egregious postings, moderator(s) may immediately remove the member from the listserv until an investigation has been conducted by the executive committee, as per the CUPE constitution.

7. All listserv moderators will be given an orientation on how to implement this protocol and their attached responsibilities.
Appeals
Members may appeal the decisions of the listserv moderator to the communications committee, who will be guided by this document in reviewing the moderator(s) decision.
Posting Guidelines
1. CUPE 3903 is a social justice labour union. Discussion is open to topics that correspond to the objectives of the Union as outlined in Article 2 in the objectives of the Constitution.
2. Remember that the person you are engaging with is another human being with thoughts, emotions, and feelings and act accordingly in the interest of building solidarity within the local.
3. If you find yourself writing an email in haste or anger, save in a draft folder and reconsider it before you hit send.
4. Respect other people’s time. Try to limit the length of your posts.
5. Refrain from writing in caps. It is the equivalent of shouting.
6. Sarcasm can be easily misinterpreted over email.
7. Remember that not every person is educated in the same discipline as you; refrain from the use of language or acronyms that may exclude others from participating in the conversation. 
8. Healthy debate means the use of constructive criticism and argument rather than attack. Focus on ideas, not people. Try to refrain from the need to be “right”. Ideas are much more easily understood if not espoused in a harassing or discriminatory manner. 
9. Be careful not to silence those who have a long political history of being silenced (i.e. women, persons with disabilities, racialized persons). Recognize individual privileges when engaging in debate.
10. Freedom of conscious thoughts and beliefs are protected by the Charter of Rights and Freedoms. 
Moderator Responsibilities
It is the collective responsibility of CUPE 3903 members to implement the Listserv Rules and Posting Guidelines. The moderators of all listservs are to facilitate this as follows.
Moderators:
1. Demonstrate impartiality, to the fullest extent possible, while communicating with members who are not following the listserv rules and posting guidelines. 
2. Add members to and remove them from the lists as needed.
3. Provide members new to the lists with the listserv rules and posting guidelines as soon as they sign them up.
5. Review listserv posts at least once a day to ensure they followed listserv rules and posting guidelines. If a moderator is unavailable for a period of time (e.g. for one (1) week or more) they will seek back-up from someone on the relevant caucus, committee or working group. For union-wide listservs, there will be two moderators.
6. Follow the steps outlined in the rules when a post violates any of the listserv rules and posting guidelines. They will use the sample templates below.

Moderators are selected as follows:
1. By the relevant caucus, committee or working group in which they are  participating.
2.  For union-wide listservs, two moderators will be elected annually at a GMM or when replacements are needed. If there are no candidates, two executive members will perform the moderators’ duties.
Template Messages:
Template #1
The message/information/comment you posted on the CUPE 3903 listserv_____ on [day/date] contravenes the union’s listserv rules and posting guidelines as it is [insert appropriate description from the harassment and discrimination definition on page one]. While this may or may not have been intentional, the listserv rules and posting guidelines require the moderators to remove any member who does this from the list for up to one week. 
Please find below the listserv rules and posting guidelines. You will be added to the list again on ___________.
Template #2
A message was posted to this list [day/date] that contravened the union’s listserv rules and posting guidelines. This is to let members know that moderators are following up as per listserv rules and posting guidelines with the member who made the post.
Template #3
The message/information/comment you posted on the CUPE 3903 listserv_____ on [day/date] contravenes the union’s listserv rules and posting guidelines as it is [insert appropriate description from the harassment and discrimination definition on page one]. This is the second time this year that this has occurred. While this may or may not have been intentional, the listserv rules and posting guidelines require the moderators to remove any member who does this from the list for up to one week. 
Please find below the listserv rules and posting guidelines. You will be added to the list again on ___________.
Template #4
The message/information/comment you posted on the CUPE 3903 listserv_____ on [day/date] contravenes the union’s listserv rules and posting guidelines as it is [insert appropriate description from the harassment and discrimination definition on page one]. This is the third time this year that this has occurred. 

Please find below the listserv rules and posting guidelines. You will now be removed from the listserv until an investigation has been conducted by the executive committee, as per the CUPE constitution.
Template #5
The message/information/comment you posted on the CUPE 3903 listserv_____ on [day/date]  seriously contravenes the union’s listserv rules and posting guidelines as it is [insert appropriate description from the harassment and discrimination definition on page one].  In particular  [insert what is egregious].
Please find below the listserv rules and posting guidelines. You will now be removed from the listserv until an investigation has been conducted by the executive committee, as per the CUPE constitution.