Constitution of the CUSW

ARTICLE 1
NAME AND JURISDICTION

1.01

This organization shall be known as the Canadian Union of Skilled Workers, and shall also be known by its short form, CUSW, hereinafter the “Union”.

1.02

The territorial jurisdiction of the Union shall be as determined necessary by the National Executive Board to properly represent the Members of the Union and to protect the work jurisdiction of the Union.

1.03

The Head Office of the Union shall be located within the borders of Canada.

Constitution of the CUSW

ARTICLE 2
OBJECTS AND OATH OF OFFICE

2.01

Objects The objects of the Union are to provide for, protect, and improve the general welfare of its members and retirees, and:

(i)

To regulate the relations between employees and employers through collective bargaining;

(ii)

To organize unorganized workers and to provide an opportunity for every skilled worker to join a free and democratic union;

(iii)

To expand the jurisdiction of the Union;

(iv)

To improve the working conditions and living standards of the members, retirees of the Union and all citizens of our country;

(v)

To enter into collective agreements with employers respecting terms and conditions of employment;

(vi)

To refer members to employment and to otherwise seek to improve the employment relationship of the members;

(vii)

To provide health, safety, social, economic and political benefits to its members and retirees;

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(viii)

To encourage progressive legislation to assist the members, retirees of the Union and all citizens of our country;

(ix)

To improve the training and skills of members and retirees of the Union;

(x)

To promote equity in the Workplace and the Union;

(xi)

To engage in any educational, legal, social, training, apprenticeship, or political activities having the purpose of improving political, social, and economic conditions of the members and retirees of the Union, as well as, the people of our country;

(xii)

To build, maintain, and protect democratic trade unions, and employers; and

(xiii)

To assist any persons or organizations with demonstrated need.

(xiv)

To implement the Principles and Values of Industrial Democracy in every Workplace within the Union.

(xv)

No person or organization shall have benefit under this Constitution that does not comply with the values and beliefs of the Canadian Union of Skilled Workers.

2.02

Oath of Office The Officers of the Union shall dedicate themselves to achieving these objects, and shall take the following pledge:

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I, ____________(insert name)___________ hereby solemnly pledge that I will faithfully discharge my duties as an officer of the Union during the term for which I have been elected, or until my successor is duly elected and installed. I will abide by and enforce this Constitution to the best of my ability. I will do my best to maintain this Union as a free and democratic Union, and do my best to maintain our country as a free and democratic country.

2.03

Members Oath The Members of the Union shall dedicate themselves to achieving these objects, and shall take the following pledge:
“I ____________(insert name)____________ hereby solemnly pledge as a Member of the Union to abide by and enforce this Constitution to the best of my ability. I will do my best to maintain this Union as a free and democratic Union, and do my best to maintain our country as a free and democratic country.

2.04

Oath of National Committee Members and Oath of Workplace Representatives Committee Members and Workplace Representatives of the Union shall dedicatestarting_part themselves to achieving these objects and shall take the following pledge: “I _______________ (insert name) ______________ hereby solemnly pledge that I will faithfully discharge my duties as

Constitution of the CUSW

a committee member/workplace representative of the Union during the term for which I have been appointed/elected, or until my successor is duly appointed/elected and installed. I will abide by and enforce this Constitution to the best of my ability. I will do my best to maintain this Union as a free and democratic Union and do my best to maintain our country as a free and democratic country.

Constitution of the CUSW

ARTICLE 3
POWERS OF THE UNION

3.01

The Union shall have the authority:

(i)

to establish proper rules, regulations, policies and practices as its members deem necessary from time to time to achieve the objects of the Union;

(ii)

to raise income from member contributions, initiation fees, readmission fees, assessments, and other proper and lawful sources;

(iii)

to make commitments and disbursements in its discretion from the funds, assets, and property of the Union for regular, recurrent, and incidental expenses, organizing, strikes, collective bargaining, contract administration, awards, gifts, donations, charitable contributions, political expenditures, member education, public relations, employee benefit plans for Union personnel and officers, legal expenses, and such other expenses and investments as it deems necessary and proper to carry out the objects and purposes of the Union;

(iv)

to establish proper wages, conditions, and hours of employment through the process of collective bargaining with employers and to fulfil and require observance thereof. The Union is autonomous in the exercise of its

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right to negotiate and consummate agreements with employers, and to police and enforce the terms and conditions thereof, subject only to applicable law of our country.

(v)

to take all steps necessary to constitute and operate as a trade union in the construction and other industries.

(vi)

to provide for the well-being and security of members, officers, and employees of the Union by establishing insurance, health and welfare, sick benefits, pension, staff employee severance, and other member benefit plans;

(vii)

to carry out it’s other duties, responsibilities, and functions as provided in the Constitution;

(viii)

to take such other actions as it deems necessary or proper to fulfil the objects as set out in the Constitution;

(ix)

to take any actions it deems necessary or proper to assist other unions, organizations or individuals to properly fulfil the objects set out in the Constitution.

(x)

to uphold the Values and Beliefs as part of this Constitution.

Constitution of the CUSW

ARTICLE 4
MEMBERSHIP

4.01

To be eligible for membership in the Union, a person must be:

(i)

working in a bargaining unit that the Union is seeking to organize or has organized; or

(ii)

eligible for employment in a bargaining unit that the Union is seeking to organize or has organized; or

(iii)

eligible for employment in any bargaining unit to which the Union through a hiring hall arrangement or otherwise provides members for employment purposes, or

(iv)

willing to confirm that they share and will actively champion the values and beliefs of the Canadian Union of Skilled Workers.

4.02

Apprentices may be accepted into membership at any time, and shall be admitted to membership, provided that the apprentice agrees to be under the supervision of the Apprenticeship Governance Council. An apprentice shall attend such classes as directed by the Apprenticeship Governance Council.

4.03

Members are eligible to choose how they participate in the Union from categories of membership as established by the Union, depending upon their circumstances.

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4.04

(i)

No member(s) shall conspire or promote other unions in a bargaining unit already organized by the Union.

(ii)

No member(s) of a Bargaining unit shall engage in acts that violate the value and beliefs of the union as described in the constitution.

(iii)

Members that violate or conspire will be subject to the judicial code, judicial code policies and/or article 6.04 (xxii) National Executive Board.

Constitution of the CUSW

ARTICLE 5
FINANCES

5.01

The financial income of the Union shall be determined by the Members through secret ballot vote to ensure the efficient operation of the Union as follows:

(i) Working Member Contributions Each Member working in a CUSW Bargaining Unit shall contribute monthly to the efficient operation of the Union for the benefit of the Membership. The Bargaining Unit Members in cooperation with the National Executive Board shall determine at the time of ratifying a collective agreement or from time to time the amount per hour earned and deemed appropriate to conduct the efficient operations of the Union. The said amount shall be incorporated in the collective agreement and forwarded by employers to the Union in a manner defined in such agreements.

(ii) Basic Member Contributions Each Member not working in a CUSW Bargaining Unit shall contribute monthly to the efficient operation of the Union for the benefit of the Membership. Where the National Executive Board determines it appropriate, it may recommend an appropriate amount to be approved by the Members of CUSW by a majority vote of the membership, voting by secret ballot.

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(iii) Fees and Assessments Where the National Executive Board determines it appropriate, it may recommend Fees and Assessments for each member or working member and such Fees and Assessments will become effective when approved by a majority vote of the membership, voting by secret ballot.

(iv) Establishing a New Bargaining Unit Working Member Contributions/Basic Member Contributions shall be payable immediately upon joining, unless no collective agreement is in force, in which case the National Executive Board shall waive payment of the contributions until the effective date of the first collective agreement negotiated by the Union on behalf of the new Bargaining Unit or the Member goes to work under a CUSW Collective Agreement.

Constitution of the CUSW

ARTICLE 6
OFFICERS AND DUTIES

6.01

The Officers of the Union shall consist of the National Executive Board Chairperson, Treasurer, Recorder and six National Executive Board Members. A minimum of one National Executive Board Member position will be reserved for members within designated groups. For the description of designated groups, refer to Canadian legislation.

6.02

The National Executive Board of the Union shall consist of the National Executive Board Chairperson, six National Executive Board members, Treasurer and Recorder.

6.03

The National Executive Board will select one of the National Executive Board Members who will serve as National Executive Board Vice Chairperson when the National Executive Board Chairperson is absent.

6.04

National Executive Board

(i)

The National Executive Board shall be the highest authority of the Union between Conventions and shall be empowered to act on behalf of the membership to the extent business requires prompt and decisive action affecting the interests of the Union.

(ii)

All decisions of the National Executive Board shall be made by consensus where possible. When a vote is required to resolve

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an issue the National Executive Board Chairperson shall break all tied votes.

(iii)

Actions of the National Executive Board, except for commitments and disbursements for the regular, recurrent and incidental expenses of the Union, shall be binding until and unless modified by vote of the membership at Convention when the report of the National Executive Board is made to it.

(iv)

The presence of at least five members of the National Executive Board shall constitute a quorum; a majority of those present and voting shall be required for all official acts.

(v)

The National Executive Board shall meet at least once a month; it shall also hold such special meetings or conference calls as, in its judgement, it may deem appropriate or necessary.

(vi)

The National Executive Board Chairperson or a majority of the National Executive Board may call special meetings. The Recorder shall notify the members in writing, by mail, leaflets in the Union newspaper, on accessible bulletin boards, and by e-mail of any special meeting. No business shall be transacted at such a meeting except for that for which it is called, unless not less than two thirds (2/3) of the members voting

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at such a meeting vote to deal with other matters.

(vii)

The National Executive Board shall make available the minutes of all NEB meetings.

(viii)

It shall be the duty of the National Executive Board to see to it that the affairs and business of the Union are being properly conducted and transparent, in accordance with the Constitution.

(ix)

When the Union, or the National Executive Board on behalf of the membership, has decided that a Representative of the Union is needed to support the needs of the Union, the National Executive Board shall appoint such Representatives. Representatives will be paid wages and expenses associated with their job, for the period of time for which they are hired. The National Executive Board is responsible for assigning activities, establishing the wage rate and length of contract.

(x)

The National Executive Board will select Representatives to fill various operational duties using the following criteria as guidelines:

(a)

Experience and Knowledge for the role required.

(b)

Diversity and Inclusion.

(c)

Diverse geographically.

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(xi)

The National Executive Board shall ensure that a bond is provided which protects against loss by reason of acts of fraud or dishonesty covering every Officer, agent, shop steward, or other representative who handles funds or other property of the Union, in an amount not less than the minimum required by the provisions of applicable law, or as set by the membership.

(xii)

The National Executive Board shall sit as the Judicial Committee in panels of three, chosen by lot, and shall conduct its Judicial Committee functions in accordance with Article 6.10.

(xiii)

The National Executive Board shall have the authority to determine whether the Union will be represented at conventions of labour and other organizations, and shall have the authority to determine how delegates to such conventions shall be chosen.

(xiv)

The National Executive Board shall have the authority to appoint Trustees from the membership to all union, pension, benefit, promotion, training, apprenticeship, legal aid, or any other benefit in respect of whom Union members are beneficiaries, provided such persons shall serve for not more than three (3) years, but are eligible for reappointment at the end of each three (3) year term.

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Nominations and appointments will occur in the year prior to Elections. During the three (3) year term, such Trustees may be removed only for just cause.

(xv)

The National Executive Board shall have the authority to fill a vacancy on the National Executive Board by causing an election for the vacated position. Such elections, by the members, shall be held no later than ninety (90) days from the time the vacancy occurs. When a vacancy occurs with less than 12 months remaining in the regular term, the elected National Executive Board shall have the authority to fill the vacancy.

(xvi)

The National Executive Board shall have the authority to affiliate with any central labour organization in Canada or Internationally, with the approval of the membership.

(xvii)

The National Executive Board shall have the power to authorize the Union to grant human, financial, or any other assistance to any other union, organization or charity requesting such assistance.

(xviii)

The National Executive Board shall have the power to hire or retain office, administrative and professional employee staff and services as it deems appropriate to the objects, purposes, and policies of the Union, to establish and modify their compensation expense

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allowance so as to ensure they are properly compensated for their services to the Union.

(xix)

The National Executive Board shall have the power to obtain and instruct counsel on behalf of the Union, and to retain and instruct any other professionals or consultants.

(xx)

The National Executive Board shall have the authority to lease, buy, sell, mortgage or dispose of, when authorized by the Union to do so, any property or property rights it deems desirable to meet the objects, purposes, and policies of the Union, and shall direct the management and investment of the property and funds of the Union, provided the National Executive Board shall ensure that any real property owned is held by a corporation based on not-for-profit in respect of which each member of the Union is a member of the corporation. The National Executive Board may deposit other property and funds of the Union in the not-for-profit corporation. The National Executive Board members of the Union shall be the National Executive Board members of the not-forprofit corporation.

(xxi)

The National Executive Board shall have the authority to establish the following committees: Constitution Com mit tee, Audit

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Committee, Bargaining Rights Committee, Health, Safety & Wellness Committee, Com munication Committee, Values and Beliefs Committee, Political Action Committee, Apprentice Committees as required, Social Committee, Member and Family Support Committee, Membership Committee, Growth and Opportunity Committee, Training and Education Committee, Technology Committee, Retirees Committee, Tradeswomen Committee, a Sergeant-atArms, and such other committees the Union deems necessary.

(xxii)

The National Executive Board may remove any member from any shop or job (when not in violation of an agreement) for not complying with the Constitution, Policies or rules of the Union, or when the National Executive Board determines the best interests of the Union requires such removal. Any such removed member shall be entitled to a review by the Judicial Committee of the National Executive Board and or the Independent Hearing Tribunal.

(xxiii)

The National Executive Board shall have the responsibility of protecting the rights of members under this Constitution, the Charter of Rights and Freedoms and any other laws

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that may be applicable under the law of our country.

(xxiv)

Any member of the Union shall have the right to make presentation to the Union National Executive Board. Any member requesting such a meeting will notify the Union National Executive Board fourteen (14) days prior to the next Union National Executive Board meeting. This shall be done in writing and shall identify the issues to be addressed.

6.05

National Executive Board Chairperson The National Executive Board Chairperson will:

(i)

Chair all National Executive Board meetings.

(ii)

Be the operational contact between the National Executive Board and Staff and Representatives.

(iii)

Ensure the organization is moving forward in the direction decided by members at convention and the National Executive Board.

(iv)

Provide oversight of the operational side of the organization on behalf of the National Executive Board.

(v)

Oversee and provide guidance to the CUSW Representatives and Staff.

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(vi)

Be one of the Officer Signing Authorities for CUSW.

(vii)

Receive a monthly salary equal to 174 times 125% of the highest hourly rate paid to a journeyperson employed under a CUSW labour agreement.

6.06

Recorder

(i)

The Recorder shall be responsible for the preparation and signing of the minutes of all National Executive Board meetings and conference calls which shall be turned over to the Treasurer as part of the records of the Union.

(ii)

They shall submit their books to the auditors of the Union for inspection once a year or to a Certified Public Accountant when the Union has retained such accountant for the purpose of auditing the financial records of the Union.

(iii)

They shall, together with the National Executive Board Chairperson, sign all credentials of delegates of the Union.

6.07

Treasurer

(i)

All monies payable to the Union shall be turned over to the Treasurer, who shall give a proper receipt therefor.

(ii)

They shall make and keep a proper record of all such monies received and deposit same

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in the name of the Union, in such banks or depositories, as the National Executive Board shall determine.

(iii)

They shall make disbursements in accordance with the provisions of Article 6.04 (xviii) herein.

(iv)

They shall, once each month, at a meeting of the Union, make a written, categorical financial report of the monies received and disbursed since their last report to a meeting.

(v)

They shall, together with the National Executive Board Chairperson or Recorder, sign all cheques or orders for the payment of monies from the Union’s accounts.

(vi)

They shall submit books and records to the Audit Committee of the Union for inspection on a quarterly basis, and to a Chartered Accountant for the purpose of auditing the financial records of the Union on an annual basis.

(vii)

The Treasurer shall pay directly to a pension fund for the officers of the Union, if such is established, an amount directed by the National Executive Board.

(viii)

The Treasurer shall register all Union Members in the appropriate registries.

(ix)

All minutes of meetings, property, books, papers, and records of all financial

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transactions within the Union shall be in the custody of the Treasurer.

6.08

Sergeant-at-Arms The Sergeant-at-Arms shall determine the right of those who shall be permitted to enter the meeting hall of the Union Convention or Special Meetings of the membership called by the National Executive Board of the Union; they shall execute such orders given to them by the National Executive Board Chairperson for the maintenance of order and decorum at meetings.

6.09

Audit Committee

(i)

The Audit Committee shall be a standing committee of the Union and will consist of three members appointed by the National Executive Board. The Audit Committee will be appointed for a period of three years with nominations in March and appointments in May prior to the Union’s regular election year. Members are eligible for reappointment at the end of each term. Audit Committee members may be removed only for just cause.

(ii)

The Audit Committee shall at the end of the year audit books of the Treasurer and check the entries with bank deposits, statements and other data or memoranda. They shall render a detailed report annually to the Union, showing financial transactions and

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the financial condition of the Union for the preceding year.

(iii)

The Audit Committee shall have the right to require the production of books, records and other data or memoranda from all officers, officials or employees who participated in any financial transaction and to request their appearance for the purpose of making such report or explanation as may be deemed necessary by them.

(iv)

The Union shall retain a Chartered or Public Accountant to prepare an annual audit, which shall be carried out under the direction of the Audit Committee. The Accountant shall report to the Audit Committee.

6.10

National Executive Board Judicial Functions

(i)

The National Executive Board shall establish a Judicial Committee composed of all members of the National Executive Board who shall act in panels of three (3), chosen by lot for the purpose of hearings conducted by the Judicial Committee as described in the Judicial Code, Article 16.

(ii)

The Judicial Committee of the National Executive Board shall establish an Independent Hearing Tribunal (“IHT”). The IHT will be composed of members of the Judicial Committee, three respected persons appointed from other trade unions

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in the trade union movement, and two (2) independent arbitrators. The IHT will sit in panels of three, one member chosen by lot from the Judicial Committee, one member chosen by lot from among the persons appointed from other trade unions, and a Chair, which will be one of the independent arbitrators who will alternate as Chair of hearing panels of the IHT, with the first Chair chosen by lot. The IHT will conduct hearings as set out in the Judicial Code. The member of the Judicial Committee sitting on the IHT cannot be a member of the Judicial Committee who heard a matter, which is under appeal to the IHT.

Constitution of the CUSW

ARTICLE 7
UNION ELECTIONS

7.01

(i)

The officers of the Union shall be elected for a three-year term by secret ballot vote of the members of the Union.

(ii)

A member of the Union shall hold only one elected office in the Union at a time.

(iii)

Nominations for Union Officers shall be held in April of election years. No member shall be a candidate for more than one office, except as provided in this Constitution. If a member is nominated for more than one office, they shall immediately declare which office they will be a candidate. Nominations shall be sent to and received by the Union Recorder.

(iv)

CUSW members may nominate any other CUSW member for Union office. The nominee must accept the nomination and agree to be a candidate for the specified office. Candidates must meet the requirements of Article 8 Qualifications for Office.

(v)

Immediately after nominations close, the Union Recorder will provide a complete list of eligible candidates to the National Executive Board.

(vi)

After nominations have closed, the National Executive Board shall appoint an Election

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Judge and as many tellers as required who shall serve as an Election Board to conduct the election. No candidate for office shall be eligible to serve on the Board.

(vii)

After nominations have been made, and those nominees are found to be eligible, the Election Board shall have the ballots prepared, listing in alphabetical order, the names of all candidates for each respective office, beginning with National Executive Board Chairperson, and continuing in the order listed in this Constitution. Such ballots shall not contain any identifying numbers or marks.

(viii)

All voting shall be by secret ballot.

(ix)

The Recorder shall furnish to the Election Judge, not less than twenty-one (21) days before the election, an alphabetical list of all members eligible to vote. All members in good standing and qualified should be entitled to vote.

(x)

The National Executive Board shall decide the last day on which ballots shall be received, and the date, time and place when the ballots will be counted. This date shall be in the month of June and this information shall be included with the ballot sent to each member eligible to vote.

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Candidates may provide campaign literature to the Election Board, which will be accessible to all eligible members voting.

Campaign literature will be limited to:

(a)

Union experience.

(b)

Union positions held.

(c)

Committee participation.

(d)

Unit Participation. (e) Other associated Union experience. A member may send one personal communication out to the members through the union at the candidate’s expense.

(xi)

The Election Judge shall distribute to all eligible voters, an official ballot.

(xii)

Upon receiving their ballot, the member shall mark the same and return the ballot for counting.

(xiii)

The Election Board shall select a secure depository to which the secret ballots are collected. The Union shall pay the cost of such depository.

(xiv)

The Election Board shall open the ballots after voting has closed. No ballots shall be received later than the time and date as determined and announced by the National Executive Board.

(xv)

The Election Board shall count the ballots and certify the results in writing to the

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National Executive Board immediately after the ballots have been counted. All candidates shall be informed of the election results by the Election Board.

(xvi)

All election records including ballots shall be preserved for one year from the date of this election, after which same shall be destroyed unless a question has arisen in connection therewith.

(xvii)

Any candidate for office may be present or have a Union member, who is in good standing, as a scrutineer at the counting of the ballots.

(xviii)

Elections for the full time positions in the Union (National Executive Board Chairperson) shall be decided for the candidate receiving a majority of votes cast (50% plus 1). A run-off vote will be conducted for those positions where the 50% + 1 was not obtained. The two candidates receiving the highest number of votes in the original ballot shall engage in a run-off election. The candidate receiving the majority of votes (50% + 1) shall be declared elected. In the event a tie and more than two candidates are required in the run-off election, the 50% + 1 rule still applies and if required additional run-off elections shall be held until a single person receives a clear majority.

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(xix)

All other positions will be decided for the candidate receiving the most votes for a specific office.

(xx)

Election Campaign Contributions are limited to members of CUSW and there must be full detailed disclosure to the Election Judge of all funds received.

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ARTICLE 8
QUALIFICATIONS FOR OFFICE

8.01

In order to be eligible as a candidate for any office in the Union, a member shall be required to have been in good standing in the Union for a period of two (2) years immediately prior to nomination, and be current in the payment of member contributions. No member can be a candidate for office in the Union, if they are in the employment of another Union unless approved by the National Executive Board. This includes, but is not restricted to, elected officer, Staff, Representative, Steward, Health & Safety Representative, etc.

8.02

A candidate must agree to observe, conform, and comply with all the terms and provisions of this Constitution, and all the rules, regulations, policies, practices, and decisions adopted and promulgated in the further administration of the provisions of this Constitution.

8.03

When a merger or amalgamation with another union has taken place membership in the predecessor union will be treated as membership in CUSW for purposes of the two-year qualification period.

8.04

A new member under two years of membership in the Union shall qualify under 8.01.

Constitution of the CUSW

ARTICLE 9
UNITS

9.01

(i)

Units will be established on a Geographic, Sector or Bargaining Unit basis as determined necessary by the National Executive Board to enhance the participation of the Membership and promote the Union within the community.

(ii)

Decisions of the Unit Executive will be in accordance with the Constitution and the Unit Terms of Reference/Bylaws. Minutes of the Unit Executive Committee will be posted prior to a Unit meeting so motions that require unit member approval will be done at the Unit meeting. These motions will be done at a Unit meeting with the members in attendance, voting on the Unit Executive Committee’s motion.

(iii)

CUSW Units will be established in the Provinces and Territories of Canada as required by the Constitution. These Units will be structured in accordance with Canadian and Provincial laws as well as complying with all appropriate Federal and Provincial Labour codes.

9.02

(i)

Unit officers shall be members of their respective Units. Each Unit shall have the following officers, who shall be known as the

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Unit Executive: Chair, Vice Chair, Recorder, Treasurer and 3 Executive members.

(ii)

The Unit is responsible for establishing its voting constituency, which shall include working members, unemployed members and retired members.

(iii)

Units shall establish their own budgets, business plan and long term goals. They can also affiliate with local labour groups or organizations. The above however, is subject to approval of the Unit Membership.

(iv)

Unit decisions impacting other Units will be resolved between the Units involved. Those issues, which cannot be resolved at the Unit level, will be directed to the Union National Executive Board.

(v)

The Units may raise funds for charitable donations. Disbursement and distribution of such funds will be in accordance with Approved Terms of Reference and the approval of the members of that Unit attending such Unit meeting.

9.03

The duties of Unit officers within the Unit shall be as follows:

(i)

Unit Executive

(a)

The Unit Executive shall be the governing body of the Unit and shall be empowered to act on behalf of the membership of the Unit

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to the extent business requires prompt and decisive action affecting the interests of the Unit.

(b)

All decisions of the Unit Executive shall be made by consensus where possible. When a vote is required to resolve an issue the Unit Chair shall break all tied votes.

(c)

The presence of at least four members of the Unit Executive shall constitute a quorum; a majority of those present and voting shall be required for all official acts.

(d)

The Unit Executive shall meet regularly at such time as it may decide.

(e)

The Unit Executive shall provide notification prior to all meetings of the Unit.

(f)

It shall be the duty of the Unit Executive to see to it that the affairs and business of the Unit are being properly conducted, in accordance with the Constitution.

(g)

The Unit Executive shall have the authority to fill a vacancy on the Unit Executive by causing an election for the vacated position. Such elections, by the members, shall be held no later than ninety (90) days from the time the vacancy occurs.

(h)

The Unit shall establish the following committees:

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•

Unit Events Committee to provide opportunities for Members to come together in their communities;

•

Unit Growth Committee to participate in sustainable development goals in their communities;

•

Unit Training Committee to organize and deliver opportunities to further skill development in their communities;

•

Unit Recruitment Committee to grow the union’s membership in their communities;

•

Human Rights and Equity Committee to promote fairness and understanding in their communities; and

Unit Audit Committee to review the records kept by the Unit Treasurer. The Unit shall have the authority to establish such other Committees, as the Unit deems necessary.

(i)

Selection of Unit Committee Members is the responsibility of the Unit Executive. Selection criteria and committee terms shall be as per Article 18.

(j)

Each Unit Committee will hold a first meeting to set up committee positions within forty five (45) days of their appointment of each new three (3) year term.

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(k)

Any Member of the Union shall have the right to make presentation to the Unit Executive. Any member requesting such a meeting will notify Unit Executive fourteen days prior to the next Unit Meeting. This shall be done in writing and shall identify the issues to be addressed.

(l)

Regular Membership meetings of the Units may be held monthly, at a time and date as decided by the Unit. The Unit shall have as a minimum, a quarterly Membership meeting. The Membership will be advised of any changes of regular Membership meeting dates.

(ii)

Unit Chair

(a)

The Unit Chair shall be responsible to the membership of the Unit in all matters pertaining to the operation of the Unit and shall fulfil the following duties in accordance with the direction of the Unit Executive.

(b)

They shall see to it that the affairs and the business of the Unit are being properly conducted in accordance with the direction of the Unit Executive, and within the Rules, Regulations, Policies and Practices of the Union and in accordance with lawful orders;

(c)

They shall preside as chairperson at all meetings of the Unit and exercise all of

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the authority and responsibility as such chairperson;

(d)

They shall preside at all meetings of the Executive of the Unit as its chairperson;

(e)

The Unit Chair shall report on their activities and the activities of their assistants, if any, at each meeting of the Unit Executive and meetings of the Unit, and at such other times as the Executive of the Unit may require.

(f)

By virtue of their election, they shall serve as a delegate to any labour body with which the Unit is affiliated.

(g)

They shall, together with the Unit Treasurer, sign all checks or orders for payment of monies from the Unit’s accounts, and sign all official documents of the Unit, except as herein otherwise provided.

(h)

They shall call special meetings of the Unit or of the Unit Executive, when requested to do so by the Unit Executive.

(i)

The Unit Chair shall be responsible to keep an updated membership list for their Unit.

(iii)

Vice Chair The Vice Chair shall carry out duties and responsibilities similar to those of the Unit Chair in accordance with the direction of

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the Unit Executive. The Vice Chair shall carry out the duties of the Unit Chair in their absence.

(iv)

Unit Recorder

(a)

The Unit Recorder shall supply a copy of the minutes of Unit meetings as soon as possible.

(b)

The Unit Recorder shall be responsible for the preparation and signing of the minutes of all Unit meetings and conference calls which shall be turned over to the Unit Treasurer as part of the records of the Union.

(c)

The Unit Recorder shall make available the records of the Unit for inspection a minimum of once per year for the purpose of auditing the financial records of the Unit.

(v)

Unit Treasurer

(a)

All monies payable to the Unit shall be turned over to the Unit Treasurer, who shall give a proper receipt therefore.

(b)

They shall make and keep a proper record of all such monies received and deposit the same in the name of the Unit, in such banks or depositories, as the Unit Executive shall determine.

(c)

They shall, once a month, at a meeting of the Unit, make a written, categorical

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financial report of the monies received and disbursed since their last report to a meeting.

(d)

They shall, together with the Unit Chair, sign all checks or orders for the payment of monies from the Unit’s accounts.

(e)

They shall submit books and records to the Audit Committee of the Union for inspection on a quarterly basis, and to a Chartered Accountant for the purpose of auditing the financial records of the Union on an annual basis.

9.04

Members of CUSW are eligible to attend any scheduled Unit Membership meeting(s) or participate in any Unit activities.

Attendance at Unit meetings shall be considered attendance at Union meetings.

9.05

There are hereby established in the jurisdiction of the Union the following Units:

(i)

Atlantic

(ii)

Alberta

(iii)

British Columbia

(iv)

Bruce

(v)

Cariboo Northern

(vi)

Central

(vii)

Greater Durham Region

(viii)

Greater Vancouver Area

(ix)

Niagara Hamilton

(x)

North East

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(xi)

North West

(xii)

Kingston-Ottawa

(xiii)

Saskatchewan

(xiv)

South Western and such other Units as established by the Union.

9.06

Where there is no established Unit Executive, the National Executive Board shall act in place of the Unit Executive.

9.07

The Unit Chair or a majority of the Unit Executive may call special meetings of the Unit. The Unit Chair shall notify the members of the Unit of the special meeting. No business shall be transacted at any special meeting except that for which it was called.

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ARTICLE 10
UNIT ELECTIONS

10.01

Unit Officers shall be nominated during the month of July and elected prior to the end of September of the year that the Union elects Officers. Only members of each such Unit in good standing are eligible to nominate and vote for the Unit’s Officers. Nominations are collected by the Unit Recorder.

10.02

No member shall be a candidate for more than one Unit office. If nominated for more than one office, they shall immediately declare which office they will be a candidate for. A member of the Union shall hold only one elected office in the Union.

10.03

A member must be on the membership list of the Unit and be a member in good standing with the Union immediately prior to nominations to be eligible for office in their Unit. No member may be an Officer in more than one Unit.

10.04

An Election Judge and two Tellers shall be appointed by the Unit Executive to conduct the election. Any candidate may be present or have a Union member as an observer present during the counting of the ballots.

10.05

Voting shall be by secret ballot. The candidate receiving the highest number of votes for each Unit office shall be declared elected.

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10.06

Election Campaign Contributions are limited to members of CUSW and there must be full detailed disclosure to the Election Judge of all funds received.

10.07

In all cases where a tie vote occurs in a Unit election a run-off election will be held between the members who are involved in the tie vote.

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ARTICLE 11
WORKPLACES

11.01

Purpose

(i)

A Workplace will be established under the terms of a collective agreement and may be organized by geographic area, project, zone, facility or site. The purpose of the Workplace is to provide a positive opportunity for all Workplace Parties (Workers, Management, Workplace Representatives and Supervisors) to come together to collaborate on the operation of the business, to properly represent the Members in the Workplace and to protect the jurisdiction of the Union.

(ii)

Members may meet to discuss workplace issues at a place and time determined by the Members in the workplace in collaboration with the Workplace Steward(s) and Workplace Health & Safety Representative(s). Members will be advised of such meetings including date, time and location.

11.02

Union Supervisors Workplace Supervisors are Members of the Union that take on a supervisory role for the benefit of all participants in the Workplace. These Members provide Leadership in Health & Safety, Planning,

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Skills Development, Coordination, Quality and Productivity

11.03

Workplace Representatives

(i)

Steward

(a)

It shall be the duty of the Steward to enforce the collective agreement in accordance with the authority given to them under the collective agreement, and in conjunction with the National Executive Board Chairperson and National Executive Board on behalf of the Union.

(b)

Stewards shall keep the strict confidentiality of the members, which they represent.

(c)

Stewards shall attend and/or make a written report to the Members in the Workplace and at the Workplace Meeting(s)

(d)

Stewards shall work at the direction of the Workplace Members.

(e)

They shall be charged with the responsibility of protection of the work jurisdiction and territory described under the Collective Agreement they has been elected to cover.

(ii)

Health & Safety Representative

(a)

It shall be the duty of the Health & Safety Representative to enforce the Health & Safety Act and it’s regulations in accordance with the authority granted to them by the Act and in conjunction with the National

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Executive Board and recognized Committees of the Union.

(b)

Health & Safety Representatives shall keep the strict confidentiality of the members, which they represent.

(c)

Health & Safety Representatives shall attend and/or make a written report to the Members in the Workplace and at the Workplace Meeting(s).

(d)

Health & Safety Representatives shall work at the direction of the Workplace Members.

11.04

Workplace Communication Workplace Representatives will meet with Members of the Workplace as required, to provide information and answer questions, in the workplace or at a location to accommodate the Members of the Workplace.

11.05

Workplace Participation Members of the Workplace will participate in the establishment and renewal of the Collective Agreement. A joint committee shall be formed to participate in the establishment, negotiation, implementation and renewal of the Collective Agreement. The joint committee will also establish a Grievance Committee to ensure Workers are fairly represented in the Workplace.

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11.06

Workplace The Members will champion the Principles and Values of Industrial Democracy in the Workplace.

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ARTICLE 12
WORKPLACE ELECTIONS

12.01

Workplace Elections will occur every three years or as required (i.e. the establishment of a new Workplace). The Workplace Election which occurs every three years will take place between January 1st of the election year and March 31st of the election year.

12.02

The Workplace will establish an Election Committee to facilitate the Workplace Election. The establishment of the election committee will occur prior to the call for nominations. An Election Judge will be determined by the Committee.

12.03

Election notices and nomination forms for Workplace Steward and Health & Safety Representative shall be distributed to all Workers in the Workplace by the Election Committee.

12.04

Voting shall be by secret ballot. The candidate receiving the highest number of votes for each position shall be declared elected.

12.05

In all cases where a tie vote occurs, a run-off election will be held between the Workers who are involved in the tie vote.

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ARTICLE 13
CONVENTION

13.01

The Canadian Union of Skilled Workers Constitution Convention is the highest authority in the Union.

13.02

The National Executive Board will prepare for and conduct a Convention on behalf of the members.

13.03

This Constitution can only be changed by a majority vote of the Delegates attending a Convention of the Union.

13.04

The Canadian Union of Skilled Workers shall meet in a regular convention every 3 years between January 2nd and April 30th at such a place decided upon by the National Executive Board.

13.05

The National Executive Board has the authority to select the date on which the Union Convention is to convene.

13.06

The National Executive Board shall establish a budget to prepare for and conduct the Convention.

13.07

In order to qualify as a delegate for the CUSW Convention, a member shall be required to have been in good standing in the Union immediately prior to nomination and current in the payment of their dues. No member can be a delegate to convention if they are in the employment of another Union.

13.08

The National Executive Board shall ensure that diversity and inclusion measures are part of the delegate election process and/or selection process.

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ARTICLE 14
MERGERS AND AFFILIATIONS

14.01

The Union shall have the authority to merge into or transfer jurisdiction to another Union provided that a two thirds (2/3) majority of CUSW membership voting by secret ballot vote to take such action.

14.02

The Union shall have the authority to merge with another Union or Association with CUSW when the other Union or Association becomes part of the Union under this Constitution.

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ARTICLE 15
CONSTITUTIONAL CHANGES

15.01

The Laws of Canada and it’s Provinces and Territories will govern any question of the interpretation of this Constitution.

15.02

If the legality of an act by the union, its officers, or agents, depends upon the interpretation of the Constitution, the Constitution shall be construed so as to make the act lawful.

15.03

If any provision of the Constitution is declared invalid by operation of law or by any competent authority or tribunal, the remainder of the Constitution or the application of such provision to persons of circumstances other than those to which it has been held illegal or invalid shall not be affected thereby.

15.04

The National Executive Board shall have the power to interpret the provisions of the Constitution, subject to the Judicial Code, Article 16.

15.05

The members of CUSW will follow the protocols of Indigenous Peoples as required when working and living within Indigenous Territories.

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ARTICLE 16
JUDICIAL CODE

(Refer to Judicial Code Policy)

16.01

It shall be an offence against the Union: However, in interpreting these offences, it shall be a defence of the member that the member was engaging in reasonable and democratic dissent within the Union.

(i)

For any officer of the Union knowingly to make a false statement or to conceal a material fact in any official union report, or to withhold information, which under the Constitution, or laws promulgated thereunder or other laws, they are required to provide.

(ii)

For any member knowingly to present false evidence in any proceeding or trial provided for by the Constitution, or laws promulgated thereunder.

(iii)

For any member to convert to themselves for their own use or for the use of another not entitled to such use any property of the Union, or to conspire or attempt to do so.

(iv)

For any member to commit or to conspire to incite, or attempt or conspire to commit violence against any other member.

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(v)

For any member knowingly to work for an employer against whom a strike has been called.

(vi)

For any member knowingly to violate, or to conspire or attempt to violate, the constitution of CUSW, and laws promulgated thereunder, or any lawful order of the National Executive Board.

(vii)

Every person has a right to the application of the principles of natural justice in respect of all disputes relating to:

(a)

matters in the constitution of the trade union,

(b)

the person’s membership in a trade union, or

(c)

discipline by the trade union.

16.02

Penalties

(i)

A member found guilty of any offences enumerated in Section 16.01 hereof may be:

(a)

fined up to $2,000 for any act constituting an offence or offences;

(b)

suspended from membership.

(ii)

An officer or a trustee found guilty of any offence may be suspended or removed from office in addition to any other penalty.

(iii)

In addition, the penalty for any violation resulting in a wrongful loss of property to the Union may include a provision for

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reimbursement of the body suffering the loss. (iv) An officer or a trustee may be removed from office or suspended for just cause, and only in accordance with this Constitution.

16.03

Charges

(i)

All charges must:

(a)

be in writing;

(b)

be filed within thirty (30) days from the date that an alleged violation or offence occurred;

(c)

state the provisions of the Constitution or policy allegedly violated;

(d)

state the name of the charged party.

(e)

state the specific action that the charged party complains of, with sufficient particularity for the charged party to know the allegations against them so that a proper defence may be made, including the locations, dates, and times of the alleged violation.

(f)

be signed by the member or members filing the charges.

(ii)

Charges by a member against another member or an officer or a trustee shall be filed with the Recorder of the Union, who shall thereupon convene a Judicial Committee of the National Executive Board by lot. No member of the Judicial Committee who is involved in the charges

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or is otherwise unable to render an unbiased decision shall sit on the Judicial Committee for that hearing.

16.04

Hearings

(i)

Hearings into charges will be conducted by the Judicial Committee, or the Independent Hearing Tribunal (“IHT”). Bodies hearing charges shall determine their own rules of procedure, consistent with Canadian law and the principles of fairness as applied in labour relations matters, which shall include:

(a)

adequate notice of the hearing date, which shall be no less than fifteen (15) days from the date of notice of the hearing;

(b)

disclosure of the charges filed, including a copy of the charges filed, with sufficient particulars in the charge to enable the charged party to conduct an adequate defence; and

(c)

A hearing by members of a panel that are not biased against the charged party.

(ii)

The charging party and the charged party may each be represented by another member of the Union, and with the leave of the hearing panel, both parties and the hearing panel may be represented by a lawyer.

(iii)

Both the charged party and the charging party shall have the right to call witnesses,

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present evidence, cross-examine witnesses, and make full argument. Hearing panels will only hear evidence relevant to the charges, and may not rely on hearsay evidence alone. The burden of proof shall be upon the charging party. The decision of a majority of the members of a hearing panel is the decision of the hearing panel.

(iv)

A hearing panel will not be required to keep a transcript of the evidence, but any party wishing to transcribe evidence shall provide a copy of the transcript to the hearing panel and the other party at their own expense.

(v)

The decision of a hearing panel shall be in writing, and signed by all the members of the hearing panel, including those who dissent. The hearing panel shall prepare a record of the hearing, which shall consist of:

(a)

a copy of the charges;

(b)

a copy of the decision;

(c)

a copy of documentary exhibits, if any;

(d)

a copy of the transcripts, if any.

(vi)

Hearing panels may determine, without hearing evidence, that the charges disclose no prima facie violation, and dismiss the charges without a hearing.

(vii)

The IHT shall hear and determine appeals properly filed by members or officers from any decision of the Judicial Committee

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subject only to the prima facia provision outlined in subsection (vi) above.

16.05

Appeals

(i)

Appeals to the IHT must be filed in writing within thirty (30) calendar days of the date of the decision being appealed, unless the IHT hearing the appeal determines that the time for making such an appeal can be extended.

(ii)

Where a timely appeal is filed, a penalty of suspension or removal from office is automatically stayed until the appeal is heard.

(iii)

The IHT has the authority to substitute a penalty, or order in place of a penalty, or order originally imposed, where it considers it just and proper to do so. The IHT has the authority, in cases where appeals are without merit, to order the appellants to pay the costs of the proceeding. The IHT may on the request of any affected party, reconsider any portion of its decision upon receiving a request for reconsideration within thirty (30) days of the date of the original decision of the IHT. The IHT may, in its discretion, allow the parties to be represented by counsel, and in such circumstances may retain its own counsel to advise the IHT if it deems it advisable.

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ARTICLE 17
SALARIES

17.01

National Executive Board Members attending meetings of the National Executive Board shall be reimbursed for reasonable actual expenses incurred for attendance at such meetings.

17.02

Should any two (2) offices be combined, the officer shall receive the salary of only one (1) office, whichever is the higher.

17.03

All disbursements for authorized expenditures made in behalf of the Union shall be supported by receipts, vouchers, or other reasonable proof of claim.

17.04

The National Executive Board Chairperson shall be reimbursed by the Union for the use of their personal automobile while representing the Union at the highest mileage rate established in a current CUSW labour agreement.

17.05

The National Executive Board Chairperson shall be reimbursed by the Union for the cost of carrying public liability and passenger insurance on their personal automobiles.

17.06

The National Executive Board Chairperson shall receive 3 weeks annual vacation, and shall also be entitled to sick leave not to exceed three (3) work weeks per year.

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17.07

Officers and members authorized to act on behalf of the Union shall be reimbursed for reasonable actual expenses incurred on behalf of the Union.

17.08

The National Executive Board Chairperson shall participate in Union benefit and retirement plans on a payroll deduction system administered by the Union in the amount equal to or greater than that negotiated in a CUSW labour agreement.

17.09

Officers and Representatives of the Union are not entitled to severance pay

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ARTICLE 18
NATIONAL COMMITTEES

18.01

National Committees are established in order to enhance member participation in the National Executive Board’s duty to see to it that the affairs and business of the Union are properly conducted and transparent, in accordance with the Constitution. National Committees, on behalf of the membership, conduct research, conduct outreach and engagement both internally and externally, and make recommendations to the National Executive Board. National Committees are guided by our Values and Beliefs when conducting their activities.

18.02

Selection of Committee members is the responsibility of the National Executive Board (Article 6.04 (xxi)).

18.03

Criteria would involve, but will not be limited to the following:

(i)

Skills

(ii)

Racial and Gender Diversity

(iii)

Experience

(iv)

Trade Diversity

(v)

Geographical Diversity

(vi)

Number of Committees a member is participating in

(vii)

Willingness to participate in committee activities

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18.04

The term for Committee membership is three years.

18.05

Each Committee will establish Operating Guidelines to guide the function of the Committee.

18.06

Committees shall establish their own annual budgets, annual business plans and long-term goals. The above is subject to the acceptance of the National Executive Board.

18.07

The National Executive Board will ask for nominations for committee membership every three years during the month of July to be appointed in September with the exception of the Constitution Committee, for which nominations and appointments will occur in the year prior to Elections.

18.08

Each Union appointed Committee will hold a first meeting to set up committee positions within forty five days of their appointment of each new three (3) year term. The National Executive Board representative for each committee will facilitate the setting up of this inaugural meeting through a conference call.

18.09

Where there is no established National Committee, the National Executive Board shall act in the place of the National Committee.

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ARTICLE 19
UNION OFFICER RECALL

19.01

Any Member who feels an elected Officer of the Union is not fulfilling their duties, as prescribed in the Constitution, may invoke the recall procedure after setting forth a statement of facts to the Union National Executive Board.

19.02

The member must then circulate a petition to the rest of the membership in the Union. The member may circulate the petition to the membership by supplying the stuffed, sealed and stamped envelopes to the Union office, which will address and mail the petition. The petition must include the member’s name sponsoring the petition, name of the Officer being recalled, clearly state the concerns and accusations regarding the Union Officer’s actions. Union Members supporting the petition must print and sign their name.

19.03

A petition must have the support of 50% plus 1 of the Union membership. The petition is then presented to the Union National Executive Board. The Union National Executive Board will ensure the proper process has been followed and that the petition is in order. This completes the first step.

19.04

Second Step. A Recall Committee consisting of three (3) Unit Chairs chosen at random by the Union National Executive Board from the pool of all Unit Chairs, must call special meetings to hear

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the recall petition. All members of the Union are notified of the date, time and location of the special meetings.

19.05

At the special meetings the Recall Committee shall:

(a)

Read out the Petition to the members present.

(b)

The defendant is allowed time to present their defense.

(c)

Recall Committee conducts a membership question and answer session of both the plaintiff and defendant.

(d)

The plaintiff makes their closing remarks.

(e)

The defendant makes their closing remarks.

19.06

Upon conclusion of the meetings the Recall Committee will make a recommendation on the petition to either accept or reject. A mail out secret ballot is prepared to determine the acceptance or rejection of the recall, by all members of the Union. The plaintiff and defendant may include a statement in the mail out. A transcript of the special meetings will also be included in the mail out. If 2/3 of the members vote in support of the petition the Officer shall be removed from office for the balance of the term.

19.07

This entire process must not exceed ninety (90) days.

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ARTICLE 20
UNIT OFFICER RECALL

20.01

Any member who feels an elected Officer of the Unit is not fulfilling their duties, as prescribed under the Constitution, may invoke the recall procedure after setting forth a statement of facts.

20.02

A member must then circulate a petition to the rest of the membership in the Unit. The petition must include the member’s name sponsoring the petition, name of the Unit Officer being recalled, clearly state the concerns and accusations regarding the Unit Officer’s action. Unit members that support the petition must print and sign their name.

20.03

A petition must have the support of 50% plus 1 of the Unit membership. The petition is then presented to the Unit Executive. The Unit Executive will ensure the proper process has been followed and that the petition is in order. This completes the first Step.

20.04

Second Step. The Unit Executive must call a special meeting to hear the recall petition. All members of the Unit will be notified of the date, time, and location of the meeting.

20.05

At the special meeting the Unit Executive shall:

(i)

Read out the petition to the members present.

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(ii)

The defendant is allowed time to present their defense.

(iii)

Unit Executive conducts a membership question and answer session of both the plaintiff and defendant.

(iv)

The plaintiff makes their closing remarks.

(v)

The defendant makes their closing remarks.

20.06

At the conclusion of hearing the petition, the members of the Unit will conduct a secret ballot vote. After balloting has concluded the Unit Executive will count the ballots. If two-thirds (2/3) of the ballots vote in favor of the petition the Officer is removed from office for the balance of the current term.

20.07

This entire process must not exceed ninety (90) days.

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ARTICLE 21
WORKPLACE STEWARD AND HEALTH & SAFETY REPRESENTATIVE RECALL

21.01

Any member who feels an elected workplace Steward or Health & Safety Representative is not fulfilling their duties, as prescribed under the Constitution, may invoke the recall procedure after setting forth a statement of facts.

21.02

A member must then circulate a petition to voting members of the workplace. The petition must include the member’s name sponsoring the petition, name of the workplace Steward or Health & Safety Representative being recalled, clearly state the concerns and accusations regarding the workplace Steward or Health & Safety Representative’s action. Workplace members that support the petition must print and sign their name.

21.03

A petition must have the support of 50% plus 1 of the Workplace membership. The petition is then presented to the Unit Executive. The Unit Executive will ensure the proper process has been followed and that the petition is in order. This completes the first Step.

21.04

Second Step. The Unit Executive must call a special meeting to hear the recall petition. All members of the Workplace will be notified of the date, time, and location of the meeting.

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21.05

At the special meeting the Unit Executive shall:

(i)

Read out the petition to the members present.

(ii)

The defendant is allowed time to present their defense.

(iii)

Unit Executive conducts a membership question and answer session of both the plaintiff and defendant.

(iv)

The plaintiff makes their closing remarks.

(v)

The defendant makes their closing remarks.

21.06

At the conclusion of hearing the petition, the members of the Workplace will conduct a secret ballot vote. After balloting has concluded the Unit Executive will count the ballots. If twothirds (2/3) of the ballots vote in favor of the petition the workplace Steward or Health & Safety Representative is removed from office for the balance of the current term.

21.07

This entire process must not exceed ninety (90) days.

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HEALTH, SAFETY
& WELLNESS POLICY

Authority: National Executive Board
Implementation: Health, Safety & Wellness Committee Date: April 28, 2024

We, the members of the Canadian Union of Skilled Workers are committed to maintaining a safe and healthy workplace for all our members.

We recognize that all members have the right to work in a safe and healthy environment both physically and mentally, in accordance with Occupational Health & Safety Legislation and Regulations.

We shall exercise our right to participate, our right to know, our right to refuse unsafe work and if necessary, our right to stop work in dangerous circumstances.

We recognize that mental health issues in the workplace are any conditions that affect a member’s state of mind. These conditions may include but not limited to depression, stress, anxiety and post traumatic stress disorder (PTSD) which may result in burnout and mental crisis events.

We recognize that when a member is suffering, so does their home life, work life and relationships. To every extent possible, our aim is to identify and address conditions and situations that contribute to mental health issues by:

•

Treating mental health seriously

•

Proactively identify and resolve issues

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•

Supporting workers who face mental health problems

•

Collaborate with workers, supervisors, managers, workplace representatives and health experts to create a healthy workplace.

We will continue to promote and provide family assistance for members and their immediate families.

We will maintain a safe and healthy environment through our actions and attitudes, and will promote this through good example.

Our Union members will make every effort to eliminate the hazards that cause accidents and injuries to both physical and mental health.

No task is so important, precisely scheduled, or tightly budgeted that we cannot take time to do work in a safe manner.

We believe:

•

That everyone has the right to go home safe everyday,

•

Collaborate with workers, supervisors, managers, workplace representatives and health experts to create a healthy workplace.

•

Reporting hazards is our responsibility

•

That we must take a proactive approach towards Health, Safety & Wellness including both mind and body. • We own our safety culture.

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HUMAN RIGHTS POLICY

Authority: National Executive Board
Implementation: Values and Beliefs Committee
Date: April 18, 2015 GENERAL This Policy is intended to apply to complaints, concerns and areas for improvement regarding the activities of the Union, interactions between members, and broad workplace issues respecting Human Rights and equality. However, direct complaints arising in the workplace may be dealt with through the grievance procedure and/or applicable Human Rights legislation and do not necessarily fall within the scope of this Policy.
COMMITMENT CUSW is committed to maintaining the human dignity of all persons and groups of persons and is dedicated to the highest standards of human equality. CUSW believes that every member has the right to equal opportunity and full participation in the workplace and the Union.
CUSW believes that every individual has the right to be treated with respect and dignity and is committed to the pursuit of an equitable, respectful and an inclusive environment within which its members can fully participate. CUSW believes that equitable and barrier-free participation is at the heart of workers’ Unity.
CUSW actively endorses these standards at every level and in all of its Union activities, within the workplace and the public.

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All members of CUSW and employers interacting with the Union are expected to uphold and abide by this Policy by promoting equal and respectful treatment of all persons. These persons are expected to promote these values, and work to address and resolve Human Rights issues, whenever possible. Members are expected to work to promote barrier-free environments, within the Union, the workplace and the public at large.

This Policy, together with the Equality Policy and Procedures on Discrimination, Harassment and Sexual Harassment are the means by which CUSW maintains a comprehensive code of Human Rights and equity values. CUSW and its members have a vital role to play in promoting, protecting and advancing Human Rights and equality within the Union and within the workplace.

To achieve its commitment, CUSW strives to:

•

Promote awareness of the diversity of our membership and the needs of diverse groups;

•

Provide an inclusive environment that recognizes members’ differences;

•

Identify barriers to equal opportunity and full participation, and develop effective policies and procedures to eliminate these barriers;

•

Ensure that organizational structures, activities and policies include and address the need of diverse members;

•

Conduct collective bargaining on Human Rights, equity and accommodation issues;

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•

Advocate for effective workplace policies and complaint investigation procedures;

•

Provide a supportive and welcoming environment for members requiring accommodations;

•

Provide policies and procedures for the investigation and resolution of membership complaints; and

•

Provide services, organizational structures, activities and policies concerning Human Rights and equity issues.

CODE OF CONDUCT The mandate of CUSW is to organize and defend workers and to promote equality, respect and safe workplaces for all workers. CUSW strives to promote its Values and Beliefs which include equality, fairness, democratic process, honesty, integrity and respect. CUSW believes that adherence to its values are crucial for all members of the Union to carry out their work.

Members of CUSW commit to be governed in their conduct and actions by the principles of this Policy, the Equality Policy and Procedures on Discrimination, Harassment and Sexual Harassment, and the Values and Beliefs of the Union.

All members agree to:

•

Abide by the commitments as stated in this Policy;

•

Support and encourage each other in promoting the Values and Beliefs of the Union and the commitment as stated in this Policy;

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•

Encourage the commitment as stated in this Policy within the workplace and in the public;

•

Recognize and value individual difference;

•

Communicate openly and promote involvement within the Union;

•

Encourage democratic process;

•

Encourage honesty and integrity in all dealings with other members and the Union;

•

Commit to not engaging in barrier-creating conduct; and

•

Ensure that we do not act in ways that are aggressive, bullying or intimidating.

HUMAN RIGHTS AND EQUITY COMMITTEES As part of CUSW’s mandate to promote development as an inclusive and equitable organization, CUSW shall create Human Rights and Equity Committees which will deal with issues covered by this Policy and other disadvantages and barriers to equality.

The Human Rights and Equity Committee shall be comprised of two (2) Unit Executive members. The members of the Human Rights and Equity Committees will receive training on Human Rights and equity issues, as well as training regarding the principles of fairness and natural justice, the duty of fair representation, problem solving and mediation techniques.

Recall The recall procedures as prescribed under this Constitution apply equally to members of the Human Rights and Equity Committees.

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PROCEDURE

1.

Any member who believes that there are Human Rights, equity, or barrier issues affecting the Union or the Union’s members is encouraged to take action, where appropriate, and communicate their concerns to the person/entity engaging in barrier-creating conduct.

2.

A member is encouraged to follow this Policy’s procedure and bring forward any issues relating to this Policy, regardless of whether that member is directly affected by the conduct or policy in question. CUSW believes that all members have a role in creating equal and barrier free environments for all workers.

3.

If direct action fails, or is not appropriate, the member is encourage to report any concerns with regards to this Policy to the Human Rights and Equity Committee of their Unit. A member may raise the concern with the Committee directly, or indirectly through their Workplace Representative.

4.

Complaints and/or concerns reported to the Human Rights and Equity Committee shall be forwarded in writing.

5.

Once the Human Rights and Equity Committee receives a complaint, the Committee will meet to discuss the issues that arise from the complaint. The Committee will investigate the complaint to determine whether the issue falls within its mandate, whether the issue is not of a trivial nature, and whether, in considering the

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Union’s resources, the Union will take carriage of the complaint/concern. Note: Use of resources will need to be approved in advance by the National Executive Board.

6.

The decision of the Human Rights and Equity Committee will be communicated to the member who submitted the initial complaint/concern.

7.

Once the Human Rights and Equity Committee determines that the Union will take carriage of the complaint/concern, the Committee will discuss potential methods of resolution. Depending on the nature of the complaint, the Committee may:

a.

Propose the provision of supports to the complainant in order to facilitate the complainant in rectifying the issues arising from the complaint themselves;

b.

Propose facilitated discussions between the complainant and the person/entity alleged to have violated this Policy;

c.

Propose mediated discussions between the complainant and the person/entity alleged to have violated this Policy;

d.

Propose the development of training, policies or procedures to rectify the equity and/or barrier issues;

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e.

In the event of a serious violation of this Policy, propose a hearing of the Judicial Committee of the National Executive Board;

f.

Propose any other methods of resolution as are appropriate in the circumstances of the concern/ complaint.

8.

The Committee in its sole capacity will determine the most appropriate methods of resolution for each concern/complaint. However, the National Executive Board Chairperson of CUSW retains the right to direct each Committee in the carrying out of its mandate under this Policy as they deem appropriate.

Reporting The Human Rights and Equity Committee members shall inform the National Executive Board of issues that arise within the Unit which are related or relevant to the mandate of the National Executive Board or any National Committee.

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EQUALITY POLICY
AND PROCEDURES ON
DISCRIMINATION, HARASSMENT,
AND SEXUAL HARASSMENT

Authority: National Executive Board
Implementation: Values and Beliefs Committee
Date: January 27, 2001 Revised: April 18, 2015

We, the members of CUSW are committed to the right of all members to equal treatment within the Union, without discrimination because of race, national or ethnic origin, colour, religion, citizenship, record of offences, creed, sex, sexual orientation, age, marital status, family status or disability (the “grounds”). In this commitment:

•

We believe in the right of all members to participate in the Union and be involved in all Union activities, in an environment that respects the personal worth and dignity of each individual and freedom from discrimination, harassment and sexual

•

We believe that it is a Union priority to encourage without discrimination all workers to share in the full benefits of Union organization

•

We believe that it is a Union priority to eliminate barriers that prevent us from working together to gain more control of our lives

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•

We believe in an approach to discrimination, harassment and sexual harassment that emphasizes prevention and correction over punishment

In keeping with our founding Constitution provisions on equality, gender and discrimination, mutual respect must be the basis of interaction among members in addition to cooperation and understanding. CUSW members will not tolerate nor condone behaviour that is likely to undermine the dignity or self-esteem of an individual, or create an intimidating, hostile or offensive environment.

We, the members of CUSW consider discrimination and harassment of any kind to be a serious offence and complaints will be investigated in accordance with the procedures outlined below. This Policy and the within procedures cover member-to-member discrimination, harassment and sexual harassment. The Policy and within procedures also govern the operation of our referral procedure where we will make every reasonable effort to ensure that members are not subjected to discrimination, harassment or sexual harassment.

This document is intended to act as a guide for members, in adhering to legal and social guidelines regarding the recognition and prevention of discrimination, harassment and sexual harassment. Further, this policy and procedures are intended to comply with all applicable Human Rights legislation, labour legislation and the Canadian Charter of Rights and Freedoms.

Discrimination and Harassment include any unwelcome action by any person, whether verbal or physical, on a single or repeated basis, which humiliates insults or degrades.

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“Unwelcome” or “unwanted” in this context means any action, which the harasser knows, or ought reasonably to know, is not desired by the person subject to the harassment or discrimination. Discrimination, harassment and sexual harassment are defined as:

1.

Discrimination Any form of unequal treatment based on a ground listed above that results in disadvantage, whether imposing extra burdens or denying benefits. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of disadvantaging certain groups of people. It may be obvious, or it may occur in very subtle ways.

1.

a. Types of Discrimination br Direct Discrimination “Direct” discrimination occurs when person(s) discriminate against others on the basis of a ground listed abov

Adverse Effect Discrimination “Adverse effect” discrimination occurs when a policy, procedure or rule, which on its face appears neutral, yet has the effect of discriminating against person(s) or group(s) of persons on the basis of a ground listed above.

Systemic Discrimination “Systemic” discrimination is when attitudes towards, or perceived characteristics of, person(s) or group(s) of persons leads to discrimination.

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Discrimination Because of Association Discrimination “because of association” is when person(s) or group(s) of persons are discriminated against because they socializes, supports, or is otherwise associated with members of any group identified under the grounds listed above, to which they does not belong.

2.

Harassment A course of comments or actions, on a single or repeated basis, that are known, or ought reasonably to be known, to be unwelcome. It can involve words or actions that are known or should be known to be offensive, embarrassing, humiliating, demeaning or unwelcome

3.

Sexual Harassment

Any conduct, comment, gesture or contact of a sexual or gendered oriented nature that the person responsible knows, or ought reasonably to know, are unwelcome. Sexual harassment includes any unwanted attention of a sexual nature such as remarks about appearance or personal life, and offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands.

Sexual harassment includes any conduct, comment, gesture or contact that might, on reasonable grounds, be perceived as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

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RESOLUTION AND
COMPLAINT PROCEDURES

General Application at all stages of Complaint Confidentiality The Union understands that it is in the interests of all parties to keep matters arising under this Policy confidential. Rumours and innuendo destroy the integrity of the fact-finding process and the principles of early and informal resolution.

To protect the interests of the Complainant(s) and the Respondent(s), confidentiality will be maintained throughout the complaint process, subject to the requirements of a fair investigation and resolution process, or as otherwise required by law.

It is understood that written reports or decisions of Investigators and Appeal Chairs and Appeal Hearings may be made available for the purposes of implementation, education or reporting to the membership.

No Reprisals Every member has the right to enforce their rights under this Policy and to participate in an investigation of a complaint by the Union, or provide information relevant to the complaint to the Union, without reprisal or threat of reprisal.

Reprisals for such activities will be investigated and may lead to disciplinary measures/sanctions.

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Carriage of Complaint A Complainant can drop a complaint at any stage of the process. If at any stage of the proceeding both parties agree on the resolution of a complaint, it is deemed to be resolved.

Representatives Where a complaint has progressed to the verbal complaint stage, the National Executive Board Chairperson of CUSW will designate, in writing, two members of the Union to each represent the Complainant and the Respondent. Members designated to act as representatives will receive training related to this Policy, the principles of fairness and natural justice, the duty of fair representation, problem solving and mediation techniques.

Time Complaints should be commenced as soon as possible, and must be filed within twelve (12) months of the incident(s) which is the subject of the complaint. Where the subject matter of the complaint is ongoing, the date of the last incident must have occurred within the previous twelve (12) months.

Every effort must be made to comply with the time limits set out in this document, but a failure to do so will not void the complaint process. Time limits can be extended upon mutual agreement or at the discretion of the National Executive Board Chairperson of CUSW. A decision to extend the time limits under the Policy will consider:

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a) prejudice to any party that may result from an extension;
b) whether a delay was incurred in good faith; and
c) any other relevant factor.

Right to Seek Resolution Outside the Union These procedures are designed to ensure that the Union and its members comply with the Equality Policy on Discrimination, Harassment and Sexual Harassment. However, it does not prevent any individual from seeking other options available to them, such as an application under Provincial or Federal Human Rights legislation, an action in the courts, or any complaint mechanism under a Collective Agreement.

PROCEDURE Informal Stage

1.

A person who believes that they have been discriminated against, harassed or sexually harassed in contravention of this Policy is encouraged to take immediate remedial action.

2.

Where appropriate, a member may request, either on their own or via a third party, that the offensive conduct or comment cease.

3.

If a direct request has failed and the inappropriate behaviour persists, or where a direct request is not appropriate, and the member believes that a violation of this Policy has occurred, they may contact the National Executive Board Chairperson of CUSW to request that the complaint go to the next stage.

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4.

The National Executive Board may initiate a complaint by itself or at the request of any member.

Verbal Complaint Stage

1.

The National Executive Board Chairperson of CUSW will designate in writing, two members of the Union to represent the Complainant and the Respondent.

2.

When a formal complaint is filed under this Policy, the Complainant may request that contact with the other party be discontinued while the complaint is being investigated and decided upon. In such circumstances, the Union will review the request for separation, and in making its decision, take into consideration the nature of the complaint, the feasibility of the request and the operations of the Union.

3.

A member who is the subject of a complaint made under these procedures who has reason to believe that the complaint is vexatious, in bad faith, or itself a form of harassment, will have the right to file a complaint. Vexatious and bad faith complaints are where the complaint is one that is known by the complainant to be false, meaning that the complainant knew that no discrimination or harassment had occurred, and where the complaint is made for a purpose other than gaining a satisfactory remedy.

4.

The representatives may be contacted by the parties to a complaint for advice and the representatives will discuss with the members their options and ensure that the members have an understanding of their rights and responsibilities under the Policy.

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5.

The designated representatives of the Complainant and the Respondent will investigate the situation or complaint and endeavour to affect a resolution. The representatives will investigate the complaint in a fair and timely manner.

Early Resolution Process Where appropriate, the parties are encouraged to resolve their disputes through an informal, early resolution process such as unassisted discussion, facilitated discussions and/ or informal negotiations. Early resolution is intended to arrive at resolutions which are acceptable to the parties without the necessity of a written complaint and prior to initiating the formal complaint process.

The parties may choose to be represented by their representative during any stage of the early resolution process. If the representatives of the Complainant and Respondent are unable to affect a resolution of a situation or complaint, the Complainant will have the right to go to the next stage.

Written Complaint Stage

1.

The Complainant may initiate a written complaint and provide the complaint to their designated representative, who will inform the designated representative of the Respondent that a written complaint has been received.

2.

The designated representative of the Complainant will forward any written documentation outlining the complaint to the designated representative of the Respondent.

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3.

The Respondent may respond to the complaint in writing and provide their written response to their designated representative, who will forward any written documentation to the designated representative of the Complainant.

4.

The designated representatives will forward the written complaint, and written response if any, to the National Executive Board Chairperson of CUSW for recording purposes.

5.

The representatives of the Complainant and Respondent will initiate an investigation and separately interview the Complainant, Respondent and witnesses if there are any, and endeavour to resolve the situation or complaint.

6.

The designated representatives may, with the agreement of the Complainant and Respondent, jointly recommend to the National Executive Board Chairperson of CUSW, that an outside Mediator, skilled and sensitive on the issues, be retained by the Union in an endeavour to resolve the complaint at this stage.

7.

If the complaint cannot be resolved at the written complaint stage, the Complainant will have the right to go to the next stage.

Formal Hearing Stage The designated representative of the Complainant will write to the National Executive Board Chairperson and advise them that the Complainant wishes to have the

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matter heard by a Judicial Committee of the Executive Board.

Any and all documents made available during the earlier stages of the complaint will be provided by the designated representative of the Complainant and forwarded to the National Executive Board Chairperson, together with the request for the establishment of a Judicial Committee.

The Respondent to a complaint and their designated representative will be advised in writing by the National Executive Board Chairperson that a complaint has been filed and copies of all documents provided by the designated representative of the Complainant will be attached to the notice from the National Executive Board Chairperson.

Any additional documents made available during the earlier stages of the complaint, which are in the possession of the Respondent will be provided by their designated representatives and forwarded to the National Executive Board Chairperson. The documents will be forwarded to the representative of the Complainant.

The role, responsibility and authority of the Judicial Committee are as outlined in the Constitution. The rights and responsibilities of members appearing before a Judicial Committee are as outlined in the Constitution.

The Judicial Code contained in the Constitution will apply to complaints discrimination, harassment or sexual harassment under this Policy, except the provision requiring that a charge be filed within thirty (30) days from the date of the alleged violation or offence occurring; this provision will be waived to allow members an opportunity to

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resolve complaints at the earlier informal, verbal and written stages as described in this Policy.

POLICY IMPLEMENTATION Publicity This Policy and within procedures will be posted at all Union events or activities. A copy of the Policy and within procedures will be made available to new members as part of a New Members Orientation Kit.

Collective Bargaining Newly organized members will be encouraged to bargain for contract language to protect members against discrimination, harassment and sexual harassment in the workplace.

Education and Training The Union will provide education and training on discrimination, harassment and sexual harassment to members of the Union Executive Board, and/or members designated to act as representatives of Complainants and Respondents.

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JUDICIAL CODE POLICY

Authority: National Executive Board
Date: February 22, 2003

We, the members, the Canadian Union of Skilled Workers are committed to providing an environment of trust and security in which we can operate. To that end we have established this Constitution, to which every member is bound by virtue of their acceptance into membership, and to which each officer is bound by oath of office.

Our Constitution provides us with a framework through which to achieve our goals.

We wish to promote solidarity in the face of our relationships with the employers of our members.

In keeping with the rights of all members, officers and trustees, it is imperative that everyone is able to exercise a voice within the Union, including the right to render opinions, to participate in dialogue concerning various issues affecting the Union and its membership. Said opinions may not coincide with generally accepted viewpoints of the majority but members should not be curtailed from expressing them unless they violate the Constitution of the Union or interfere with the rights of other members, officers or trustees.

Conversely, we believe that all members, officers and trustees have an individual obligation to adhere to the principles outlined in our Constitution, to have regard for the reputation and well-being of the Union, and to have regard for the rights of all of our members of the Union.

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To that end it is of paramount importance that we eliminate problems that arise from violations or breaches of our Constitution and have potential adverse effects upon the Union, its members, officers and trustees.

In order to promote our founding Constitution provisions based on mutual respect, cooperation and understanding, we have devised an internal resolution mechanism to deal with potential violations or breaches of our Constitution. We believe that when conflicts arise that may amount to violations or breaches of our Constitution, we must approach resolution of those conflicts through our own resources, and as such, have delegated the authority for resolution to our Judicial Committee, established by the Executive in accordance with Article 6.10.

It is the intention of CUSW to promote cooperation in achieving common goals and achieving viability in the marketplace. To that end, we believe that it is the responsibility of all members, officers and trustees to protect the interests of all of us and the Union by not engaging in actions which could potentially affect our viability and our future. For example, we do not work under the rate. We do not cross our own picket lines. We do not cross the legal picket lines of other unions, sanctioned by our own organization. We do not engage in activities designed to bring the reputation of the Union into disrepute. We do not injure or cause harm to our members. We take our membership obligations seriously, provide for sanctions for violations or breaches of our Constitution, and we do so within our own organization wherever possible.

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VALUES AND BELIEFS

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CONSTITUTION OF THE CANADIAN UNION OF SKILLED WORKERS

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TABLE OF CONTENTS

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ARTICLE 1 NAME AND JURISDICTION

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ARTICLE 2 OBJECTS AND OATH OF OFFICE

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ARTICLE 3 POWERS OF THE UNION

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ARTICLE 4 MEMBERSHIP

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ARTICLE 5 FINANCES

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ARTICLE 6 OFFICERS AND DUTIES

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ARTICLE 7 UNION ELECTIONS

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ARTICLE 8 QUALIFICATIONS FOR OFFICE

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ARTICLE 9 UNITS

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ARTICLE 10 UNIT ELECTIONS

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ARTICLE 11 WORKPLACES

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ARTICLE 12 WORKPLACE ELECTIONS

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ARTICLE 13 CONVENTION

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ARTICLE 14 MERGERS AND AFFILIATIONS

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ARTICLE 15 CONSTITUTIONAL CHANGES

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ARTICLE 16 JUDICIAL CODE

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ARTICLE 17 SALARIES

CONSTITUTION
OF THE
CANADIAN UNION OF
SKILLED WORKERS

ARTICLE 1
NAME AND JURISDICTION

ARTICLE 2
OBJECTS AND OATH OF OFFICE

ARTICLE 3
POWERS OF THE UNION

ARTICLE 4
MEMBERSHIP

ARTICLE 5
FINANCES

ARTICLE 6
OFFICERS AND DUTIES

ARTICLE 7
UNION ELECTIONS

ARTICLE 8
QUALIFICATIONS FOR OFFICE

ARTICLE 9
UNITS

ARTICLE 10
UNIT ELECTIONS

ARTICLE 11
WORKPLACES

ARTICLE 12
WORKPLACE ELECTIONS

ARTICLE 13
CONVENTION

ARTICLE 14
MERGERS AND AFFILIATIONS

ARTICLE 15
CONSTITUTIONAL CHANGES

ARTICLE 16
JUDICIAL CODE

ARTICLE 17
SALARIES

ARTICLE 18
NATIONAL COMMITTEES

ARTICLE 19
UNION OFFICER RECALL