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By-Laws,
2005
 B
Y - L A W S
O
V E R V I E W O F 2 0 0 5 R E N E W A L
BY-LAW 1 - NATIONAL
STRUCTURE
1.
Component of the PSAC (1.1)
This
organization is a Component of the Public Service Alliance of Canada
(PSAC).
2. Name of Organization
(1.1)
This organization
shall be known as the Customs Excise Union Douanes Accise (CEUDA).
3. Location of
Organization Headquarters (1.2)
This organization
shall have its headquarters in the National Capital Region, or in such other
municipal region as may be designated as headquarters of the employer.
BY-LAW 2 -
DISTRICT BRANCH
STRUCTURE
(Also refer to
Branch Rule 10 - Branch Organization)
1. District Branches
|
(1) |
CEUDA shall be composed of
groups of members organized into District Branches.
(7.1) |
| (2) |
A District Branch shall be
composed of groups of members as defined and approved by the CEUDA
National Board of Directors. (7.2) |
2. Application of Branch
Rules (7.3)
The organization and
operation of the District Branch shall conform to the CEUDA Branch Rules.
3. District Branch Jurisdictional Disputes
| (1) |
In the event of a
jurisdictional dispute between Branches concerning employees eligible
for membership, such dispute shall be referred to the CEUDA National
Executive and its decision shall be binding on all Branches concerned.
(7.4) |
| (2) |
Branches whose
jurisdictional disputes are resolved by the CEUDA National Executive shall
have the right to make an appeal to:
|
| |
(a) |
The CEUDA National Board of
Directors; and |
| |
(b) |
The CEUDA National
Convention. (7.4) |
BY-LAW 3 -
INTERPRETATION
1. Interpretation of
By-Laws (13.1.b)
The National
President shall have the authority to interpret these By-Laws and his/her
interpretation shall be conclusive and in full force and effect, unless
reversed by:
| (a) |
The CEUDA
National Board of Directors; or |
| (b) |
National
Convention. |
2. Gender Neutrality of
By-Laws (16.4)
In these By-Laws, words
importing the masculine gender include the feminine gender.
BY-LAW 4 - AIMS AND OBJECTS
1. Unite and Represent
(2.1)
To unite all employees of
the federal government, as identified by the PSAC, in a single organization
capable of acting on their behalf by soliciting the membership of such
employees in all classification and locations of employment within the
federal government.
2. PSAC Aims and Objects
(2.2)
To endorse the aims and
objects of the PSAC.
3. Rights, Interests and
Welfare (2.3)
To promote and protect the
rights, interest and welfare of all members of CEUDA.
4. Wages, Salaries and
Other Conditions of Employment (2.4)
To obtain the best possible
standards of wages, salaries, and other conditions of employment, for
members of CEUDA.
5. Seniority (2.5)
To promote the principles of
seniority.
6. Percentage Dues (2.6)
To promote and obtain
percentage dues for all members of CEUDA.
7. Equity Groups (2.7)
To promote and encourage the
participation of equity groups as defined by the PSAC Constitution.
BY-LAW 5 - MEMBERSHIP
(Also refer to
Branch Rule 3 - Membership)
1. Eligibility
| (1) |
All employees, as
defined by the PSAC and the Public Service Staff Relations Act, shall
be eligible for membership. (3.1) |
| (2) |
Notwithstanding
provisions of By-Law 4, if the employer reorganizes the public service
into entities such as a Crown Corporation, a Commission, or any other
entity emanation of the Crown where the entity's employees perform any
functions related to the Customs
Act, Excise Tax Act, or the Excise Act, or any auxiliary
duties related thereto, all employees of the entity shall be eligible for
membership. (3.2) |
2.
Membership in District Branch (3.3)
Membership shall be held in
a duly constituted District Branch.
3. Rights and Privileges
(3.4)
Only members, and Life
members who are otherwise eligible, may:
| (a) |
Vote on any matter
at meetings or convention; |
| (b) |
Hold office; and |
| (c) |
Be elected or
appointed a Delegate. |
4. Life Membership
| (1) |
A Life membership
may be awarded to any member who, through personal and devoted efforts
in the affairs of CEUDA, has performed exemplary services for the
membership.
(3.6) |
| (2) |
The CEUDA National
Board of Directors shall establish regulations to govern the awarding of
Life membership. (3.6)
|
| (3) |
Recommendations
for Life membership shall be submitted to the CEUDA National Board of
Directors.
(3.6) |
|
(4) |
The CEUDA National
Board of Directors shall vote on awarding Life membership, and such vote
shall: |
|
(a) |
Be conducted by way of a secret ballot; and |
| (b) |
Require
two-thirds (2/3) majority of the CEUDA National Board of Directors,
assembled in regular meeting. |
| (5) |
Life members shall
not be required to pay dues as per By-Law 7. (3.7) |
5. Associate Membership
(3.5)
|
(1) |
Upon application to the National Office by
the District Branch, and within a reasonable time of their date of
retirement, members of CEUDA shall be: |
|
(a) |
Issued a numbered associate membership
card, |
|
(b) |
Deemed an Associate Member of CEUDA; and |
| |
(c) |
Entitled to such rights and privileges
legally granted under these By-Laws. |
| (2) |
Associate members shall not be entitled
to: |
|
(a) |
Vote; or |
|
(b) |
Run for office in CEUDA. |
| (3) |
Associate members shall not be required to
pay dues as per By-Law 7. |
6. Membership Card (3.9)
All members shall be issued
a membership card, approved by the PSAC National Board of Directors, as
evidence of their membership in CEUDA.
7. Evidence of
Membership (3.10)
The receipt, by CEUDA, of
the official membership application card shall constitute evidence of
membership for:
| (a) |
Issuance of an
identification card; |
| (b) |
Granting all rights and privileges of membership as outlined by these
By‑Laws; |
| (c) |
Representation
to any CEUDA National Convention; and |
| (d) |
Representation to any PSAC National Convention. |
8. Application of PSAC
Constitution, and CEUDA By-Laws and Branch Rules (4.1)
Upon being granted
membership in the PSAC and CEUDA, and for the term of such membership, each
member is deemed to have agreed to abide by and be bound by provisions of
the PSAC Constitution and provisions of the CEUDA By‑Laws and Branch Rules.
9. CEUDA and PSAC as
Member Representatives (4.2)
Upon being granted
membership in the PSAC and CEUDA, and for the term of such membership, each
member is deemed to nominate, constitute, and appoint CEUDA and the PSAC as
his/her agents to negotiate with his/her employer on his/her behalf in the
spheres of competence of CEUDA and the PSAC, respectively.
10. PSAC Collective
Bargaining Agent (4.3)
| (1) |
Upon being granted
membership in the PSAC and in CEUDA, and for the term of such
membership, each member is deemed to nominate, constitute, and appoint
the PSAC as his/her agent for the purpose of entering into collective
bargaining with his/her employer under collective bargaining procedures,
established by law for collective bargaining in the public service of
Canada. |
| (2) |
The PSAC shall
have the power through its duly appointed agents to ratify and sign
agreements reached through collective bargaining procedures established
by law for the public service of Canada. |
11. Member in Good
Standing (2005 Convention)
A member in good standing
is as defined by the PSAC.
BY-LAW 6 -
MEMBERSHIP DISCIPLINE AND
APPEAL PROCEDURE
(Also refer to By-Law 5, Section 8 - Application of PSAC Constitution,
and CEUDA By-Laws and Branch Rules)
1. Purpose (5.1)
|
(1) |
The membership
discipline and appeal procedures provided for in this By-Law are for the
purpose of: |
|
(a) |
Ensuring a continuation of high morale and ethical standards in the
administrative and operative practices of CEUDA; and |
|
(b) |
To further strengthen the democratic processes, as they affect the
rights and privileges of individual members or groups of members of
CEUDA. |
|
(2) |
The
procedures for dealing with any disciplinary situation which may arise which
is not specifically covered under this By-Law shall be deemed to be covered
and processed within the spirit and intent of Sections 3 to 11 of this
By-Law. (5.3.e) |
2. Contraventions
A member of CEUDA
contravenes these By-Laws and the Branch Rules when he/she:
|
(a) |
Violates, accidentally or otherwise, any of the provisions of the
aforementioned By-Laws or Branch Rules,
and fails
to correct the situation within ten (10) days of the violation being brought
to his/her attention;
(5.2.a) |
|
(b) |
In respect of any matters concerning the affairs of CEUDA, without first
exhausting all remedies through the forms of appeal provided by these
By-Laws, institutes, urges, or advocates that a member of any Branch
should institute action in a court of law against: |
| |
(i) |
CEUDA; |
| |
(ii) |
Any CEUDA National
Officer; |
| |
(iii) |
Any CEUDA District
Branch; or |
| |
(iv) |
Any CEUDA District
Branch Officer; (5.2.b) |
|
(c) |
Publishes or
circulates, either verbally or otherwise, among the membership, false
reports or misrepresentations concerning any member of CEUDA, in respect
of any matter connected with the affairs of CEUDA;
(5.2.c) |
|
(d) |
Unjustly causes a
fellow member to lose his/her job;
(5.2.d)
|
|
(e) |
Fraudulently receives or misappropriates any property of CEUDA;
(5.2.e) |
|
(f) |
Uses, without authority, the name or crest of CEUDA for soliciting funds
or advertising; (5.2.f) |
|
(g) |
Furnishes a complete or partial list of the membership of any
Branch to any person or persons, other than those whose official
position entitles them to have such a list, without first receiving
authority to do so;
(5.2.g) |
|
(h) |
Wrongfully interferes with any Officer or any accredited
representative of CEUDA in the discharge of his/her duties; (5.2.h) |
|
(i) |
Circulates reports designed or calculated to injure or weaken
CEUDA;
(5.2.i) or |
|
(j) |
Refuses to comply with a constitutional order of CEUDA to do
or to refrain
from doing anything. (5.2.j) |
3. Filing an Allegation
|
(1) |
An allegation to
the effect that a member of CEUDA has committed, at the Branch level, an
offence under By-Law 6, Section 2, shall be: (5.3) |
| |
(a) |
Filed in
writing; (5.3.a) |
| |
(b) |
Signed by: |
| |
|
(i) |
A member of the Branch; |
| |
|
(ii) |
An Officer of CEUDA; or |
| |
|
(ii) |
An accredited representative of CEUDA; |
| |
(c) |
Filed with the
Branch President; |
| |
(d) |
Delivered to
the accused, either personally or by registered mail; |
| |
(e) |
Copied to the office of the National President; and
|
| |
(f) |
Copied to the
office of the Branch Secretary. |
| |
|
(i) |
The
allegation has standing; and |
| |
|
(ii) |
An
investigation is warranted. (5.3.b.ii) |
|
(2) |
An allegation to
the effect that a member of the CEUDA National Executive or CEUDA
National Board of Directors, while acting in that capacity, has
committed an offence under By-Law 6, Section 2, shall be:
(5.3) |
| |
(a) |
Filed in writing;
(5.3.b) |
| |
(b) |
Copied to the member(s) against whom an allegation has been filed; and ((5.3.b.iii) |
| |
(c) |
Copied to the CEUDA National Board of Directors. (5.3.b) |
4. Investigation
Committee
|
(1) |
Subsequent to the
filing of an allegation against a member, at the Branch level, the
Branch Executive shall appoint three (3) Branch members to constitute
the Investigation Committee and investigate: |
| |
(a) |
Charges; |
| |
(b) |
Oral evidence; and |
| |
(c) |
Written evidence.
(5.3.a.i) |
|
(2) |
Subsequent to the filing of an allegation against a member of the CEUDA
National Board of Directors, the CEUDA National Board of Directors shall
elect three (3) members from the CEUDA National Board of Directors,
against whom the allegation has not been filed, to constitute the
Investigation Committee.
(5.3.b.i) |
|
(3) |
The Investigation
Committee shall: |
| |
(a) |
Determine if the
allegation has standing by undertaking a preliminary inquiry, which
includes: |
| |
|
(i) |
Considering
the
information provided; and |
| |
|
(ii) |
Being empowered to seek additional information; and |
| |
(b) |
Investigate and receive evidence specific to the allegation on hand, if
the Committee determines that: |
| |
|
(i) |
The
allegation has standing; and |
| |
|
(ii) |
An
investigation is warranted. (5.3.b.ii) |
|
(4) |
Following due
notice to both the member making the allegation and member against whom
the allegation applies, the Committee shall commence its investigation
on a date not less than ten (10) days, nor more than thirty (30) days,
from the date on which the Investigation Committee was appointed or
elected (5.3.a.ii & 5.3.b.iii). |
5. Member
Rights and Duties
|
(1) |
Both the member
making the allegation and the member against whom the allegation has
been made shall be afforded the right to: |
|
(a) |
Appear before the
Committee; (5.3.a.ii & 5.3.b.iii) |
|
(b) |
Present testimony
and supply evidence and witnesses to the Committee (5.3.a.ii & 5.3.b.iii) |
|
(c) |
Have counsel, not
exceeding two (2) in number, who shall be members of the Branch;
(5.3.a.ii) |
|
(d) |
Appeal
disciplinary recommendations; and (5.3.a.iv & 5.3.b.v) |
|
(e) |
Be advised of
their rights in writing. (5.3.b.iii) |
|
(2) |
If asked to
testify at a hearing held by an Investigation Committee authorized by
this By-Law, it shall be the duty of a member to do so and to answer
truthfully all questions put to him/her. (5.3.f) |
6. Submission of
Findings / Recommendations
(Also refer to Branch
Rule 5 – Membership Discipline and Appeal Procedure)
|
(1) |
Following
investigation of an allegation against a member or members, at the
Branch level, the Investigation Committee findings and recommendations
shall be submitted to the Branch Executive. (5.3.a.iii) |
|
(2) |
Following
investigation of an allegation or allegations against a member of the
CEUDA National Board of Directors, the Investigation Committee shall
submit a written report at the next sitting of the CEUDA National Board
of Directors.
(5.3.b.ii &
5.3.b.iv) |
7. Disciplinary
Recommendation, Branch Level
|
(1) |
If disciplinary
action is recommended, the Committee's report shall be: |
| |
(a) |
Placed before a special or regular meeting of the Branch membership; and
|
| |
(b) |
Subject to the acceptance of two thirds (2/3) of those members in
attendance. (5.3.a.iii) |
|
(2) |
If members in
attendance at the Branch meeting accept a recommendation of removal from
office, the member shall be: |
| |
(a) |
Given written notice to that effect; and |
| |
(b) |
Given written notice that an appeal may be submitted to the CEUDA
National Board of Directors, as provided for in By-Law 6, Section 9.
(5.3.a.iv) |
|
(3) |
If members in
attendance at the Branch meeting accept a recommendation to suspend or
expel from membership, the Branch Executive shall advise CEUDA's
National President: |
| |
(a) |
In writing;
|
| |
(b) |
Within thirty (30) days; and |
| |
(c) |
Shall provide all relevant documentation to the
CEUDA National President.
(5.3.a.v) |
8. Disciplinary
Recommendation, Member of the CEUDA National
Board of Directors
|
(1) |
If disciplinary
action is recommended, the Committee's report shall be: |
| |
(a) |
Placed before the
CEUDA National Board of Directors; and |
| |
(b) |
Subject to the
acceptance of two thirds (2/3) of members of the CEUDA National Board of
Directors against whom the allegation has not been filed.
(5.3.b.iv) |
|
(2) |
If the CEUDA
National Board of Directors accepts a recommendation of removal from
office, the officer shall be: |
| |
(a) |
Given written notice to that effect; and |
| |
(b) |
Given written notice that an appeal may be submitted to the PSAC
National Board of Directors, as provided for in By-Law 6, Section 11.
(5.3.b.v) |
|
(3) |
If the CEUDA
National Board of Directors accepts a recommendation to suspend or expel
from membership, the CEUDA National President shall submit the
recommendation for decision to the PSAC National Board of Directors: |
| |
(a) |
In writing; and |
| |
(b) |
Shall provide all
relevant documentation. (5.3.a.v & 5.3.b.vi) |
9. Appeal to the CEUDA
National Board of Directors
|
(1) |
An appeal to the
CEUDA National Board of Directors shall be: |
| |
(a) |
In writing,
fully stating the facts upon which the appeal is based; and |
| |
(b) |
Forwarded to the Branch President. (5.3.c.i) |
|
(2) |
Branch Presidents
shall immediately forward to the National President, the Branch
Secretary, and the appellant(s), copies of: |
| |
(a) |
The appeal; |
| |
(b) |
The original
allegation; |
| |
(c) |
The evidence;
and |
| |
(d) |
The decision
taken. (5.3.c.i) |
|
(3) |
The appellant(s)
shall have the right to appear at the hearing of the appeal, together
with not more than two (2) members of CEUDA as counsel. (5.3.c.ii) |
|
(4) |
If the appeal is
allowed, the appellant(s) and counsel shall be paid by CEUDA, as the
CEUDA National Board of Directors may approve, for such out-of-pocket
expenses incurred in the defence of the appellant(s). (5.3.c.iii) |
10. Appeal to the CEUDA
National Convention
If the appeal to the CEUDA
National Board of Directors is denied, the appellant(s) shall have the right
to appeal to the next CEUDA National Convention. (5.3.c.iv)
11. Appeal to the PSAC
National Board of Directors
An appeal to the PSAC
National Board of Directors shall be processed in accordance with the
provisions of Section 25 of the PSAC Constitution and Alliance Regulation
19. (5.3.d)
BY-LAW 7 -
MEMBERSHIP DUES
1. Requirement to Pay
All deductees, except those
in Section 2, shall be required to pay percentage dues.
(2.6 & 3.7)
2. Waivers
|
(1) |
Subject to
provisions of the PSAC Constitution, and upon recommendation by a
District Branch, the National Executive may waive collection of dues
from a member for a period during which the member is not receiving
salary as an employee within the jurisdiction of CEUDA. (3.8) |
|
(2) |
Life members
shall not be required to pay dues. (3.7) |
|
(3) |
Members on
lay-off shall not be required to pay dues. (3.7) |
|
(4) |
Associate
members shall not be required to pay dues. (3.5) |
3. Amount
The dues for each deductee
shall be the total amount of the following three portions, each portion
payable to:
|
(a) |
The PSAC, as determined under the PSAC Constitution;
(6.1.b) |
|
(b) |
The CEUDA National Office, as determined by: |
| |
(i) |
Convention; or |
| |
(ii) |
District Branch referendum; and
(6.1.a) |
|
(c) |
The CEUDA District Branch, as determined under the CEUDA Branch Rules.
(6.1.c) |
4. Collection from the
PSAC
All monies deducted on
behalf of CEUDA, for the National Office and the District Branch, shall be
collected from the PSAC by the CEUDA National Office.
(6.2)
5. Collection and
Remittance to Branches
|
(1) |
The Branch
portion of dues shall be: |
| |
(a) |
Collected
by the CEUDA
National Office from the PSAC National Office; |
| |
(b) |
Paid
to the Branch by the CEUDA National Office; |
| |
(b) |
An
amount no less than $2.00 per deductee, per month.
(6.5) |
|
(2) |
No later than
two (2) weeks after receipt from the PSAC, the CEUDA National Office shall
remit to the Branch the dues portion accruing to the Branch based on
calculation of members and Rands whose place of work is in the Branch's
jurisdiction. (6.2) |
6. Portion of Branch
Dues
|
(1) |
To a maximum of
$5.00 per member, per month, the portion of CEUDA District Branch dues
shall be: |
| |
(a) |
Recommended by
a two-thirds (2/3) majority of the Stewards meeting of the CEUDA Branch; and
|
| |
(b) |
Ratified by a
two-thirds (2/3) majority of the CEUDA National Board of
Directors. (6.3) |
|
(2) |
The portion of
District Branch dues in excess of $5.00 per member, per month, shall be: |
| |
(a) |
Recommended by the
Stewards meeting of the Branch; and |
| |
(b) |
Ratified by
referendum by the entire Branch membership. (6.4) |
7. National Subsidy to
Small Branches (6.6)
The monthly
Branch dues rebate be supplemented for Branches of 300 or less by an amount
calculated as 300 less the number of Branch members multiplied by the
Branch's current local dues.
BY-LAW 8 - CEUDA NATIONAL CONVENTION
1. Supreme Governing
Body (8.1)
The supreme governing body
of CEUDA, consistent with its area of jurisdiction as provided by the
Constitution of the PSAC, shall be the CEUDA National Convention.
2. Business of the CEUDA
National Convention (8.3)
The CEUDA National
Convention shall:
|
(a) |
Deal with all
Resolutions brought before it as provided in By-Law 8, Section 17; and |
|
(b) |
Establish for the period between CEUDA National Conventions the general
policies of CEUDA. |
3. Date and Location
(8.4)
The CEUDA National Board of
Directors shall determine the location and dates of each CEUDA National
Convention as follows:
|
(a) |
Within the eight
(8) week period: |
| |
(i) |
Commencing with the second Monday of the month
of September;
and |
| |
(ii) |
Ending with the
second Sunday of the month of November; and |
|
(b) |
Subject to the provisions of the PSAC
Constitution, Sections 8 and 17.
|
4. Accredited Delegates
(8.2)
The CEUDA National
Convention Accredited Delegates shall be composed of:
|
(a) |
Elected Delegates
from District Branches; and |
|
(b) |
Members of the
CEUDA National Board of Directors. |
5. Branch Election of
Delegates / Alternates (8.8)
|
(1) |
At least four (4)
months prior to the opening date of the CEUDA National Convention, each
District Branch shall elect to the CEUDA National Convention, from
amongst its members, the appropriate number of: |
| |
(a) |
Delegates; and |
| |
(b) |
Alternates. |
|
(2) |
The number of
Delegates elected shall be: |
| |
(a) |
Based on
membership figures available at the end of the sixth (6) full month
preceding the Convention; and |
| |
(b) |
In accordance
with the following: |
| |
|
(i) |
100 members or
less – 1 Delegate |
| |
|
(ii) |
Each additional
100 members or major portion thereof – 1 added Delegate. |
6. Delegate Certificate
(8.8)
|
(1) |
At least two (2)
months prior to the opening date of the CEUDA National Convention, each
Delegate shall be provided with a Delegate's Certificate as proof of
his/her accreditation. |
|
(2) |
Any Delegate not
receiving his/her Certificate within this time limit shall: |
| |
(a) |
Immediately
provide the CEUDA National Office with his/her current address; and
|
| |
(b) |
Request that
his/her Certificate be sent to him/her as soon as possible.
|
7. Alternates and
Observers
(8.7)
|
(1) |
All District
Branches shall have the right to send Alternates and Observers to the
CEUDA National Convention. |
|
(2) |
Observers
shall not have the right to vote or to participate in debate at the CEUDA
National Convention. |
|
(3) |
Alternates shall not have the right to vote or to participate in
debate at the CEUDA National Convention, except when replacing an Accredited
Delegate who leaves the CEUDA National Convention floor not to return.
|
8. Committees, except
Finance Committee and Credentials Committee (8.6)
Notwithstanding By-Law 8,
Section 9 and Section 10, at least three (3) months prior to the opening
date of the CEUDA National Convention, the National Executive shall:
|
(a) |
Appoint Committees as may be necessary for the conduct of business of
the CEUDA National Convention; and |
|
(b) |
Appoint, from the Accredited Delegates, members to Committees. |
9. Finance Committee
(8.15)
|
(1) |
Notwithstanding
By-Law 8, Section 8, the National Executive shall appoint, from the
Accredited Delegates, members to the CEUDA National Convention Finance
Committee. |
|
(2) |
The CEUDA National
Convention Finance Committee shall be chaired by the National
Vice-President in charge of finance. |
|
(3) |
The CEUDA National
Convention Finance Committee includes: |
|
(a) |
Two (2) Delegates
from Ontario; and |
| |
