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Board of Directors Regulations
Regulation No. 3-1 - Membership
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 3, Sub-Section (d), the Board of Directors
hereby enacts the following regulation regarding By-Law 3, Sections 7 and 8.
Member on Extended Leave Without Pay
NOTWITHSTANDING By-Law 3, Sections 7 and 8.
During any period or periods in which a member, excepting a full-time paid elected officer of the Union, becomes a person on extended leave of absence without pay
from the Public Service of Canada, such member will be exempt from paying Union dues as provided in Section 4, Sub-sections 6 and 7 and Section 19, Sub-section 19
of the Public Service Alliance Constitution and Regulation 2 of the Alliance Board of Directors.
Definitions:
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"Member" |
in this regulation means an employee on payroll deduction. |
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"Extended
Leave" |
means a period of a calendar month or longer. |
Regulation No. 12-1 - Branch Discipline
Regulation
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 4, Sub-Section (b), thereof, the Board of
Directors hereby enacts as follows:
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1. |
This regulation may be cited as the Branch Discipline Regulation. |
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2. |
Where, after reasonable investigation by the National Executive, it is found that a District Branch has taken any action which is contrary to the Alliance Constitution,
the Union By-Laws, the Branch Rules, or the directives of the Board of Directors of the Customs Excise Union Douanes Accise, which results in a legal action either
before the Public Service Staff Relations Board, or other legal body, it will be incumbent upon the National Executive to immediately place such District Branch in
trusteeship, and report their action to the Board of Directors immediately. |
Such trusteeship shall continue until all costs of the action have been recovered from the Branch Returns, and/or until approved by the Board of Directors.
Regulation No. 12-2 - Internal Communications
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 3, Sub-Section (d), the Board of Directors
hereby directs that the following principles and policies be applied in the internal communications operation of the Union.
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1. |
For the purpose of this regulation, "Issuing Authority" shall mean: |
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a. |
For National Executive and National Office memoranda, publications and correspondence - The National Executive |
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b. |
For Branch correspondence - The Branch Executive |
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2. |
Except as provided in this regulation, the issuing authority shall have the right to determine: |
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a. |
the distribution of correspondence, memoranda, publications, etc.; |
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b. |
the classification of the individual item as follows: |
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i. |
HC - highly confidential, not for circulation by any means; |
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ii. |
C - confidential, not for general distribution or reprint but may be discussed or disseminated by other means; and |
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iii. |
U - unclassified, for general distribution to membership. |
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3. |
The issuing authority shall have the right to delegate its authority to provide for the conduct of correspondence as required by the operational needs of the Union,
provided that such delegation does not contravene the By-Laws, the Branch Rules, and this or any other regulation approved by the Board of Directors. |
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4. |
The National Executive shall establish and maintain mailing lists to provide for proper distribution of Alliance publications and memoranda, Union publications
memoranda, minutes and correspondence and any other materials produced or distributed by
the National Office, to appropriate levels within the Union. Such documents
shall indicate to what level they are addressed. |
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5. |
The National Executive shall distribute to the full membership mailing list the publication or publications provided by them as required by By-Law 11, Section 6. |
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6. |
The National Executive shall also be responsible for the circulation of memoranda deemed necessary by the National Executive to make for more effective Union
operation at Branch and National levels. |
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7. |
The National Executive shall ensure that: |
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a. |
correspondence addressed to the National Office in either of the official languages be answered in that language as a matter of courtesy; |
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b. |
general memoranda and instructions be issued in both official languages as determined by requirements made known to them by the Branches to which they are
distributed, or by direction of the National Executive. |
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8. |
The Branch Executive shall be responsible for ensuring that correspondence emanating from the Branch is solely directed by or through persons authorized to conduct
Branch correspondence, in accordance with the Branch Rules. |
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9. |
The Branch Executive shall be responsible for ensuring that the contents of correspondence and publications of the Branch are approved by the Branch Executive or
by the Branch General Assembly. This does not preclude the publication of personal views over or under the signature of an individual member. |
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10. |
The Branch Executive shall ensure: |
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a. |
That correspondence addressed to the National Office is addressed as follows: National President, Customs Excise Union Douanes Accise, 1741 Woodward Drive,
Ottawa (Ontario) K2C OP9 |
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b. |
That additional copies of correspondence will be supplied by the National Office as follows:
* Serge Charette, National President
* Gerry Filek, 1st National Vice-President
* Ron Moran, 2nd National Vice-President
* Mark Leonard, 3rd National Vice-President
* John King, 4th National Vice-President |
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c. |
That each piece of correspondence deal with matters covered by only one of the above subjects. |
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11. |
a. |
The Branch shall ensure that copies of letters, minutes of Branch meetings and Union/Management minutes from the Branch are sent to the National President
and to the National Vice-President in charge of the region as follows: |
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b. |
The following are exceptions to the above rule: Grievance documents (see Section 12). Routine advice on insurance and/or membership recruitment.
Routine correspondence on follow-up to grievances and/or appeals. |
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12. |
When returned envelopes are supplied to Branch and Branch Officers for general or specific purposes (e.g. grievance return forms), the Branch Executive shall
ensure that such envelopes are used for the purpose for which they are supplied and for no other purpose. |
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13. |
When material is supplied to Branch Officers under headings (ii) and (iii) of Section 2 (b) and are not supplied to lower levels in the communications chain, the
Branch President shall ensure that such information is circulated in accordance with Section 2 (b). |
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14. |
The Branch Executive shall ensure that Chief Stewards and Stewards disseminate information in accordance with the above section. |
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15. |
Chief Stewards and Stewards must encourage the member to communicate through the steward body in the internal communications of the Branch, and the Branch
Executive shall be responsible for ensuring that correspondence to higher levels is in accordance with this regulation. |
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16. |
Without authorization and direction by the National Executive, and/or by the Board of Directors in session, no Branch Officer shall purport to speak for the Customs
Excise Union Douanes Accise in any correspondence with Members of Parliament, officials of Government in this Department or others, with offices and officials of the
Public Service Alliance of Canada, the Canadian Labour Congress, or any other Union, in press releases, letters to the press or press conferences, or any interviews or
conferences involving radio or television media. |
Regulation No. 12-3 - Grievances and
Adjudication
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 3, Sub-Section (c), the Board of Directors
hereby enacts the following regulation for provision of representation at all levels of the grievance procedure.
Each District Branch shall propose signing authorities for authorization of grievances corresponding to each Management step at the first level in the Branch jurisdiction.
In accordance with the Rules and Regulations, the signing authority at the first level shall be designated as Steward. A list of names proposed for authorization, stating
the group or area for which the Steward has jurisdiction, shall be submitted to the National Executive for approval of delegation of authority to authorize grievances under
the agreement.
The authority conferred by this regulation shall be delegated over the signature of the National President.
Regulation No. 12-4 - Consultation
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 3, Sub-Section (d), with reference to By-Law
12, Section 3, Sub-Section (c), the Board of Directors hereby enacts as follows:
Consultation arises from the Collective Agreements for which the Customs Excise Union Douanes Accise, as a Component of the PSAC and the constitutional
requirement to ensure the application of the appropriate contract to the members.
Clauses 25.03 and 25.08 give rise to the opportunity for consultation regarding hours of work, and in order to make the action meaningful and responsible, accordingly, it
is hereby enacted as the policy of the Customs Excise Union Douanes Accise and the following rules of procedure shall govern the Branch activities in the consultation
process:
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1. |
Where scheduled hours other than those provided in Clause 25.02 are in existence when the current agreement is signed and the member(s) challenges the validity of
such hours, the Branch will request the Customs and Excise Management, at whatever appropriate level in the region necessary to establish that such hours of work are
required to meet the needs of the public and/or the efficient operation of the Customs and/or the Excise Service. |
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2. |
The request to Management is to be in writing over the signature of the Branch President or his/her delegate. |
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3. |
The request for consultation referred in Item 2 should result in a meeting to establish Management's reasons for the scheduled hours in question and a full report, along
with the Branch's recommendations, supporting, rejecting and explaining the
request of the member(s) and Management's reasons. |
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4. |
The requests with all recommendations and explanations are to be forwarded at the conclusion of the discussions with Management to the National President at the
National Office. |
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5. |
Where shifts other than those provided in Clause 25.07 are in existence when this agreement is signed and a member(s) challenges the validity of such shifts, the
Branch will request the Customs and Excise Management at whatever appropriate level in the region necessary to establish that such shifts are required to meet the
needs of the public and/or the efficient operation of the Customs and/or the Excise Service. |
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6. |
Consultation records and recommendations are to be conducted as in Rules 2, 3 and 4 above. |
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7. |
a. |
Where scheduled hours are to be changed so that they are different from those specified in Clause 25.02, the employer at all levels of Regional Management shall
request consultation with the Branch responsible for the members subject to the scheduled hours concerned. |
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b. |
Where shifts are other than those provided in Clause 25.07, the employer at all levels of Regional Management shall request consultation with the Branch
responsible for the members subject to the shift concerned. |
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8. |
Consultation records and recommendations are to be conducted as in Rules 2, 3 and 4. |
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9. |
a. |
The Technical Officers at the National Office will accept and process all requests initiated and processed through the Branch only. |
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b. |
The consultation process will be carried out with Staff Relations, Customs and Excise Division. Discussions and recommendations will be reported to the Branch
for review. |
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c. |
Where the matter affects application and subject to the review by the concerned Branch, an agreement will be made through the Technical Officers at the National
Office and the Customs and Excise Division. |
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d. |
Where the matter affects interpretation of the contract after a review identified in 9 (b), the Technical Officers at the National Office will recommend the changes
supported by the necessary data to the appropriate authority of the PSAC. |
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e. |
The results of 9 (d) will be reported to the Branch. |
Regulation No. 12-5 - Release from Duty
Pursuant to the authority vested by the By-Laws of the Customs Excise Union Douanes Accise under By-Law 12, Section 3, Sub-section (d), the Board of Directors
hereby directs that the following regulation applies to the release from duty for Union business, with or without pay.
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a. |
Release
for Union Business |
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1. |
National Executive meetings - regular, special and emergency. |
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2. |
Board of Directors - regular, special and emergency. |
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Leave of absence from duty without pay will be authorized by the National President and arranged by the National Office, with Staff Relations of Headquarters,
Customs and Excise Division, Department of National Revenue. Pay for such time off, including travel time, will be recovered from the Customs Excise Union Douanes
Accise national funds, as per By-Law 15. |
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b. |
Release for Union/Management Business - National |
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1. |
National Executive |
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2. |
Board of Directors |
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Leave of absence from duty with pay will be authorized by the National President and arranged by the National Office, with Staff Relations of Headquarters, Customs
and Excise Division, Department of National Revenue. Per diem allowance as per By-Law 15, Section 1 and Regulation No. 15-1. |
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c. |
Release for Union/Management Business - Regional |
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1. |
National Vice-Presidents |
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Leave of absence from duty with pay will be authorized by the National President and arranged by the National Office, with the Staff Relations at Headquarters,
Customs and Excise Division, Department of National Revenue. Per diem allowance as per By-Law 15. |
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2. |
District Branch Presidents and Branch Executive (as required) |
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Leave of absence from duty with pay will be authorized and arranged by the appropriate National Vice-President with the appropriate regional personnel administration.
Per diem allowance as per By-Law 15. |
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d. |
Release for Union/Management Business - Port Level |
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Leave of absence from duty with pay will be authorized by the District Branch President and arranged with the appropriate Line Manager - Port Level. Any expenses
incurred are the responsibility of the appropriate Branch. |
Regulation No. 12-6 - Duties and
Responsibilities of CEUDA Equal Opportunity Representative
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The CEUDA Equal Opportunity Representative shall: |
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Chair the Equal Opportunity Committee of the Board of Directors; |
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be responsible to bring forward equal opportunities issues that arise from within the Component; |
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represent the Component on the PSAC Equal Opportunities Committee; |
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d. |
provide written reports to the National Office within one month of PSAC Equal Opportunities Committee meetings for distribution to the National Board of Directors
and Branch Secretaries, for further distribution to their Branch membership; |
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e. |
provide advice to the Component on equal opportunities issues; |
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f. |
attend CEUDA National Board of Directors meetings; |
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g. |
attend meetings of any Branch of CEUDA, upon written invitation by the Branch President and with all costs to be borne by the inviting Branch; |
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h. |
provide written activities report to meetings of the CEUDA National Board of Directors; |
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i. |
in consultation with the CEUDA Equal Opportunities Committee and the National Executive, draft guidelines for determining CEUDA's delegates to PSAC National
Women's Conferences, ACCESS Conferences, Unity Conferences, or any other conference on equity issues, as mandated by the PSAC - these guidelines shall be
submitted to the first possible CEUDA National Board of Directors meeting for ratification; |
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j. |
submit articles on Equal Opportunity to the National Office for publication in
Rapport; and |
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obtain training, if required, with emphasis on PSAC courses as per By-Law 15, Section 1. |
Regulation No. 15-1 - Expenses Incurred on Union
Business
Pursuant to the authority vested by the By-Laws of the Customs
Excise Union Douanes Accise under By-Law 12, Section 3,
Sub-Section (d) thereof, the Board of Directors hereby enacts as
follows:
This
Regulation establishes guidelines for National Executive action
under By-Law 15, Section 1.
This
Regulation applies to all Union members regardless of position
held in the Union:
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1. |
When required to travel on Union business, transportation will
be provided or reimbursed as follows: |
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a. |
A
travel day for the purposes of this section shall begin at
7:00 a.m. local time (home departure) and the travel day shall
end at 10:00 p.m. in the time zone at the point of origin. |
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b. |
Where transportation is provided, necessary ground fare to and
from airport, both at place of residence and place of meeting,
will be reimbursed according to receipts provided. |
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c. |
When private automobile is approved and used as ground
transportation at place of residence, to and from the
airport, reimbursement will be at the rate prescribed in
Treasury Board Travel Directive. |
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Where private automobile has been approved, reimbursement will
be at the rate prescribed in the Treasury Board Travel
Directive or equivalent of most economical air fare, whichever
is the lesser. |
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When more than one member travels in the same automobile,
transportation costs will be reimbursed to only one claimant. |
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ii. |
Where a member elects to travel other than by the most
economical airfare, no additional per diem or LWOP will be
reimbursable other than that which would normally be
claimable. |
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3. |
Per diem and fees will be paid as follows: |
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a. |
Members of the National Executive or National Board of
Directors will receive one-day=s pay at the maximum Customs
Inspector, or equivalent GST-level daily rate, subject to
classification and/or Collective Bargaining modifications, or
actual rate, if higher, for each day the National Executive,
National Board of Directors or Committee is in session,
including days of travel. |
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b. |
For all major CEUDA events (meetings of the National Board of
Directors and Conventions), master billing will apply for
hotel accommodation and parking expenses. |
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c. |
For all other activities and meetings where master billing is
not applicable, CEUDA will reimburse hotel accommodations -
up to a maximum of $150 (not including taxes, receipt
required), plus parking (receipt required). |
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The National Office must approve hotel accommodations that
will cost more than $150 per day (not including taxes) prior
to travel. |
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e. |
CEUDA will provide full or partial per diem allowances to
cover costs of one or more meals and/or incidentals while on
union business (and while on days of travel). |
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f. |
The full or partial per diem rates will be equal to those
established, from time to time, by the PSAC Executive
Committee (AEC). |
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When accommodations are not in a commercial establishment,
CEUDA will pay a $50 private accommodations allowance. |
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ii. |
The previous Regulation (15-1) is also applicable to the
following, when required by the National Executive and/or
approved by the National Executive: |
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Committee Meetings
Witness at Hearings
Observers
Field Expenses
National Collective Bargaining Team Meetings |
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NOTE: Regulation 15-1, Section 3, sub-section i) became
effective as of November 1, 2003.
*
An asterisk denotes amendments to these Board of Directors
Regulations at the April and October 2003 National Board of
Directors Meetings. |
Regulation No. 15-2 - Steward Training
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1. |
Pursuant to the authority conferred by By-Law 12, Section 3, Sub-section (d), and in order to provide for expenses incurred in the Education Program of the Union
under By-Law 15, the Board of Directors hereby enacts as follows:
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The National Executive shall have the right to train steward instructors, according to the requirements of the Union educational program.
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The National Executive shall also have the right to define as qualified instructor, any member trained as an instructor by a method approved by the National
Executive.
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For the purposes of By-Law 15, Section 1, members qualified under Section 1 of this Regulation shall be deemed to be on National Union business when providing
authorized Steward Training.
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In utilizing such instructors, the Union shall carry out steward training. In this program, the following responsibilities shall apply:
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The National Executive shall:
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provide physical facilities for holding courses;
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pay instructors' expenses in accordance with Regulation 15-1; and |
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provide the assistance of National Office staff when required in the opinion of the National Executive.
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b. |
The Branch shall:
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provide stewards as trainees; and
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pay stewards' expenses in accordance with the Rules and Regulations.
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c. |
The National Executive Officer responsible for the region involved shall:
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approve or disapprove Branch proposals for such courses, including date, time and place of training;
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ii. |
recommend regional or inter-Branch courses;
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coordinate Branch and National Office functions, including actions of the instructor(s) in carrying out the course(s); and
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appraise the courses and report on same to the National President and to the Branch President involved.
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d. |
The Branch President and/or his/her delegate shall:
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propose the time and place for training;
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ii. |
following approval of a time and place by the National Vice-President, arrange accommodations for the training sessions, the trainers and steward trainees;
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ensure that the Branch responsibilities under Sub-Section (b) of this section are carried out; and
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when courses are held within the Branch, submit an appraisal and report to the National President and to the National Executive Officer responsible for that region.
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