Council
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NASA BYLAWS |
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NASA Bylaws
Last updated: 02/26/99 |
Name, Objects and Location1. The name of the Association is The University of Alberta Non-Academic Staff Association. 2. The objects of the Association are: (a) To encourage the education, training, skill and efficiency of members of the Association. (b) To promote and safeguard harmony between the employers and the members of the Association. (c) To unite the members of the Association for their mutual improvement socially, mentally and physically, and for their protection and common interest and individual welfare without discrimination. (d) To bring about united action and to act on any matter or issue of common interest to the members of the Association. (e) To regulate relations between employers and employees. 3. The operations of the Association are to be chiefly carried out in the City of Edmonton. 1. Definition of Terms Used in these Bylaws1.1 "The Association" shall mean the University of Alberta Non-Academic Staff Association. 1.2 "Executive" shall mean the group of Officers listed in the "Executive" section of the Bylaws. 1.3 "Officer" shall mean a member of the Executive. 1.4 "Council" shall mean the assembly of Representatives. 1.5 "General Meeting" and "Special General Meeting" shall mean meetings of the membership of the Association called in accordance with the Bylaws. 1.6 "Bank" shall mean a financial institution with services and security equivalent to a Chartered Bank. 1.7 "Application" shall mean those documents registered with the Registrar of Companies for the Province of Alberta incorporating the members of the Association as a Society, and any amendments thereto. 2. MembershipFull Membership2.1.1 Any person who wishes to have the Association as his bargaining agent, and who is not legally barred from being included in a bargaining unit, shall be eligible for full membership in the Association. 2.2 Honorary Membership2.2.1 Any person who: (i) retires while a member of the Association, or; (ii) is appointed as a regular or recurring-term employee of the Association, or; (iii) meets such other qualifications as may be set by Council from time to time; is eligible for honorary membership. 2.3 Voting Rights2.3.1 Only full members of the Association included in the bargaining unit shall have voting rights with respect to any matter which affects that specific bargaining unit. 2.3.2 Only full members of the Association included in the bargaining unit shall have voting rights with respect to any matter which affects that specific bargaining unit. 2.4 Membership Fees (dues)2.4.1 All employees of the Board of Governors, The University of Alberta, when employed in general support services shall pay membership dues or service fees to the Association. 2.4.2 The rate of such dues or service fees shall be set only by a special resolution passed at a general meeting as provided for in Bylaw 10. Having been passed by a general meeting such a resolution shall be presented to the membership in the form of a mail ballot. Only if the resolution is endorsed by two-thirds of those casting ballots in a mail ballot shall such changes be implemented by the Association. 2.5 Resignation of Membership2.5.1 Any member may resign his membership in the Association by submitting written notice of his intention to the Secretary. The resignation shall be effective on the date of its acceptance by the Executive. Such action must be noted in the minutes of the Executive's weekly meeting. 2.6 Suspension of Membership2.6.1 A member whose dues payments are more than one month in arrears, or who in some fashion owes a debt to the Association greater than one month's dues, may have his membership suspended by the Executive. Such action must be noted in the minutes of the Executive's weekly meeting. 2.6.2 The suspension will be deemed to be at an end when the arrears, or other debts, have been paid to the Treasurer. 2.7 Revocation of Membership2.7.1 A member whose dues payments are more than two months in arrears, or who in some fashion owes a debt to the Association greater than two month's dues, may have his membership revoked by the Executive. Such action must be noted in the minutes of the Executive's weekly meeting. 2.8 Lapsing of Membership2.8.1 A member who is absent from work on leave without pay for more than one month (and whose dues payments consequently fall into arrears) will be deemed to have let his membership lapse. 2.8.2 Such a person must again apply for membership on his return to work, but shall not be required to pay back dues for the period of unpaid leave. 2.8.3 No person who is not eligible for full membership in the Association (including those who have at one time been eligible); or whose membership has been revoked; or whose membership is suspended; or who has resigned his membership; or whose membership has lapsed, and has not applied again; shall be considered as a member of the Association or enjoy any of the rights and privileges which attach to Association membership. 2.9 Funds for carrying out the work of the Association shall be raised by way of membership dues, monies payable under the Rand Formula, fees charges, assessments and other monies that may be received by the Association for its purposes. 3. Executive and Officers3.1 The following shall constitute the Executive:
3.2 The Executive shall, subject to the bylaws and to directions given to it by majority vote at any General Meeting properly called and constituted, have full control and management of the affairs of the Association, including financial affairs. Regular meetings of the Executive shall be held weekly. 3.3 The Executive shall be responsible to the membership for all actions taken in the name of the Association, and shall account for their actions at General Meetings. 3.4 A special Executive meeting shall be called upon the request of any two members of the Executive. Such requests must be made to the President in writing. 3.5 President - The President shall, when present, preside at all General Meetings of the Association and all meetings of the Executive. 3.6 Vice-President - The Vice-President, in the absence of the President, shall assume the President's duties. The Vice-President of the Association shall be responsible for chairing the Benefits Committee. 3.7 Secretary - It shall be the duty of the Secretary to attend all meetings of the Association and the Executive and to see that accurate minutes of the same are kept. The secretary or his designee shall also be responsible for keeping custody of the minutes of the Association as recorded. The Secretary shall have charge of the seal of the Association, which seal, whenever used, shall be authenticated by the signatures of the Secretary and the President, or in the case of death or inability to act of either, by the signature of the Vice-President. The Secretary shall also see that a record is kept of all the members of the Association and their addresses. 3.8 Treasurer - The Treasurer shall receive all monies paid to the Association and shall be responsible for the deposit of the same in whatever bank the Executive may order. He shall properly account for the funds of the Association and keep such books as may be directed. He shall prepare for submission to the Annual Meeting a statement duly audited as hereinafter set forth on the financial position of the Association and submit a copy of the same to the Secretary for the records of the Association. 3.9 Bylaws Chairman - The Bylaws Chairman shall be responsible for the review of all proposed amendments to the application and bylaws. In case of a dispute as to the interpretation of a bylaw, the ruling of the Bylaws Chairman as to the correct interpretation shall not be subject to challenge except by a General Meeting. 3.10 Grievance Chairman - The Grievance Chairman shall be responsible for chairing the Grievance Committee. 3.11 Membership Chairman - The Membership Chairman shall be responsible for improving membership recruiting operations and methods. 3.12 Except by resolution of which 21 days notice in writing is given to the membership and which is passed at a General Meeting, the Executive is not authorized to declare N.A.S.A.'s support for, or financially support any organization which does not have a direct bearing on N.A.S.A.'s ability to achieve its objects. 3.13 Where an officer is absent from five (5) consecutive Executive meetings, or for more than 50% of 10 consecutive Executive meetings, the officer may be deemed to have resigned his office by resolution of the Executive following two weeks' written notice of such motion to the officer in question. 3.14 As part of the annual budget presented at the Annual General meeting the Treasurer shall present a list of persons to receive honoraria for work in the year past. No later than March of each year the Executive shall determine the exact amounts and persons who will receive honoraria for work on NASA's behalf. The amounts shall not exceed a maximum of $1500 for the President, $1200 for other members of the executive, and $1000 for any other member of the Association. All such payments must be approved by a General Meeting before they may be made. 4. Association Employees4.1 The staff of the Association shall be comprised of a Manager and such other employees as the Association may determine are required for the effective conduct of its affairs. The Manager shall have responsibility, under the general direction of the Executive, for the direction and supervision of such other staff as the Association may employ and for the conduct of the affairs of the Association. 4.2 The Association employees shall be advertised for, hired, and employed under conditions as similar to those of Association members as possible. 4.3 Manager4.3.1 The Manager shall be appointed by a General Meeting or by a Selection Committee made up of a chairman elected by a General Meeting, together with two members appointed by the Executive. Members of the Selection Committee must be members in good standing of the Association. 4.3.2 The Manager shall, at the direction of the Executive Committee, negotiate with the Administration as required, maintain records of all proceedings of the Association and a list of names and addresses of its members. He shall receive and file for reference the minutes of all meetings and all relevant correspondence concerning the Association. He shall obtain, where possible, information as required, especially in the field of classifications and salary comparisons. He should attempt to promote as much as possible good relations between the Association and the Board of Governors and their representatives. He should, in his wisdom, advise the Association and explore all avenues in making recommendations. In general he should do all in his power to assist the Association to achieve its purpose and objectives as laid down in the application and bylaws of the Association. The Manager is responsible for the direction and supervision of all the Association employees. In the event of a dispute involving terms and conditions of employment or disciplinary action related to an employee(s), the employee(s) shall have recourse to the following grievance procedure: 4.3.3 Employees' Grievance Procedure 4.3.3.1 Within 14 days of becoming aware of the matter giving rise to the dispute, the employee(s) shall meet with the Manager and attempt to resolve the grievance. The Manager shall, in consultation with the Executive, render a decision concerning the disputed matter within 10 days of such meeting. 4.3.3.2 If the decision of the Manager is not satisfactory to the aggrieved employee(s), such employee(s) may, within 10 days of receipt of the Manager's decision refer the matter to a board of arbitration. Such reference shall be made in writing to the President of the Association and shall contain a statement of the grievance and the proposed resolution as well as the name, address, and telephone number of the person who will be the representative of the employee(s) on the Board of Arbitration. Within 5 days of receipt of the reference to arbitration, the President, in consultation with the Manager, shall name a representative of the Association to the Board of Arbitration. The President shall advise the employee(s) and the employee's (s') representative of the name, address, and telephone number of the Association representative on the Board of Arbitration. Within 5 days of the appointment of the Association representative, the two nominees shall select a mutually agreeable chairman. 4.3.3.3 If the representatives cannot agree on a chairman within 10 days, both parties will select a new representative. Once appointed, the chairman shall convene a meeting of the Board of Arbitration at the earliest possible date and shall hear the grievance, giving both parties full opportunity to be heard. Within 10 days of the hearing, the Board shall issue a decision in writing to both parties which shall be final and binding. 4.3.4 Manager's Grievance Procedure 4.3.4.1 In the event of a dispute arising between the Manager and the Executive Committee of the Association concerning terms and conditions of employment or disciplinary action, the Manager shall have access to the arbitration procedure as if he were an employee, except that the President shall appoint the nominee of the Association without consultation with the Manager. 5. Finance5.1 Borrowing Power5.1.1 For the purpose of carrying out it objects, the Association may borrow or raise or secure the payment of money as it sees fit and in particular by the issue of debentures, but this power shall be exercised only under the authority of the Association, and in no case shall debentures be issued or money borrowed without the sanction of a special resolution of the Association. 5.2 Auditing5.2.1 The books, accounts and records of the Secretary and Treasurer shall be audited at least once per year by a duly certified or chartered accountant. A complete and proper statement of the standing of the books for the previous year shall be submitted by such auditor at the Annual Meeting of the Association. March 31 in each year shall be the end of the fiscal year of the Association. 5.2.2 The books and records, including the minutes of the Association, may be inspected by any member of the Association at the Annual General Meeting provided for herein or at any time at the office of the Association, upon giving reasonable notice and arranging a time satisfactory to the officer or officers having charge of same. Each member of the Executive shall at all times have access to such books and records. 6. Meetings6.1 General and Special General Meetings6.1.1 The Association shall hold two General Meetings per year, one, an Annual General Meeting in May. Notice of such meetings shall be given to all members 21 days before the General Meeting. 6.1.2 The President may call a Special General Meeting on giving at least 7 days' notice to all members concerned. 6.1.3 The President must call a General Meeting at the request in writing of at least 100 members, within 21 days from receipt of such request. Twenty-five members signing a petition shall receive a prompt hearing from the Council. 6.2 Council Elections6.2.1 Each area, as defined by the Council, shall be entitled to one representative for every fifteen (15) members or part thereof in that area. 6.2.2 Council shall establish written procedures governing the election of representatives, which it may amend as it sees fit. 6.3 Voting6.3.1 Any member in good standing who has not withdrawn from membership shall have the right to vote at any General Meeting of the Association. All voting is to be done by a show-of-hands or by written ballot. 6.4 Quorums6.4.1 The quorum at a General Meeting or at a Special General Meeting shall be 75 members eligible to vote. 6.4.2 The quorum for Executive Meetings shall be a simple majority of the Executive. 6.4.3 Insufficent Members for Quorum. Should a quorum be successfully challenged, the meeting shall be adjourned for a mininmum of 12 days for a General Meeting or a Special General Meeting, and 2 days for an Executive Meeting. 6.5 Reconvened Adjourned Meetings6.5.1 Notice of 10 days for a General Meeting or a Special General Meeting and 1 day for an Executive meeting shall be served to all persons concerned to reconvene an adjourned meeting, and such reconvened meetings shall be competent to transact affairs even though there be no quorum present. 6.6 Recording and Registering Information6.6.1 Within 14 days of the Annual General Meeting, a copy of the audited statement of accounts, together with a list of the Associations's officers (names, Addresses, and occupations) shall be sent to the Registrar of Companies for filing. Also any special resolutions passed by the General Meeting pursuant to the aims and objectives of the Association or to the bylaws shall be sent to the Registrar of Companies (in duplicate) for filing. All such returns are to be signed by an authorized officer of the Association. 7. Copies of Bylaws7.1 A copy of the bylaws of the Association shall be supplied to all officers of the Association, departmental representatives and subcommittee chairmen as soon as possible after their election. 8. Election of Officers8.1 Nominations for all Executive positions shall be made in writing, shall be endorsed by the nominee, and must be in the hands of the Secretary at least 30 days prior to the Annual General Meeting. The period open for nomination shall commence 45 days prior to the Annual General Meeting. 8.1.1 Only members qualified under bylaw 2.1 shall be eligible to run for elected office in the Association. 8.2 Ballots8.2.1 Ballots shall be sent to all members 10 days prior to the date of the Annual General Meeting. Nominations will not be entertained from the floor of the Annual General Meeting. 8.2.2 Ballots shall be mailed to the office or cast at the Annual General Meeting. Ballot envelopes may only be unsealed by returning officers elected by the Annual General Meeting. Ballots received after the adjournment of the completed Annual Meeting shall not be valid. 8.3 Election shall be by ballot and the nominee receiving the greatest number of votes shall be elected. 8.4 At the concurrence of the meeting, ballot slips shall be destroyed on completion of the elections. 8.5 Should an Executive vacancy occur during the year, the Council shall be empowered to elect a member to fill the post for the balance of the term of office. 8.6 All offices shall be for a term of two years or such period as circumstances warrant, with 50% of the Executive standing for election each year. 8.7 A member of the Executive may be removed from office by special resolution passed by three-fourths of those members attending and eligible to vote at a duly constituted General Meeting. 8.8 The amendment to increase the term of office of Executive Members to two years shall become effective in the 1992 election. The length of term for members of the Executive elected in 1992 shall be determined by lot in the following manner: 8.8.1 The President and Vice-President shall draw lots such that one shall serve for one year and one shall serve for two years. 8.8.2 The Treasurer, Secretary, Membership Chair, Bylaws Chair, and Grievance Chair shall draw lots such that three shall serve for two years and two shall serve for one year. 9. Communications9.1 Wherever under the provisions of these bylaws of the Association, notice is required to be given, such notice may be given either personally or telegraphed or by depositing the same in a post office or a public letter box, in a post-paid, sealed wrapper addressed to the officer, employee, or member at the address for that person as the same appears on books of the Association. 10. Amendments10.1 These bylaws may be rescinded, altered or added to by a special resolution passed by a majority of not less than three-fourths of such members entitled to vote who are present in person at a General Meeting. Written notice specifying the wording of the special resolution must be mailed to all members twenty-one (21) days prior to the said General Meeting. 10.2 Special resolutions shall be made in writing, shall be endorsed by the mover and seconder and must be in the hands of the Secretary thirty (30) days prior to the General Meeting. 10.3 Notwithstanding bylaws 10.1 and 10.2, no resolution (ordinary or special) passed at a General Meeting requiring the Association to affiliate with another labour body shall come into effect until it has been ratified by a majority of the members voting in a mail ballot. 11. Transitional11.1 These bylaws shall come into effect forthwith upon approval and registration with the Registrar of Companies for the Province of Alberta and thereafter all bylaws previously in force shall be revoked. 12. Rules of Order12.1 Meetings of the Association shall be conducted under the rules of order as laid down in the most recent edition of "Robert's Rules of Order," insofar as they are not inconsistent with the provisions of the Societies Act, R.S.A. 1970 Chapter 397. 13. Collective Bargaining13.1 Ratification of Collective Agreeement 13.1.1 No Collective Agreement shall be entered into by the Association unless it has been ratified by a simple majority of those members who cast ballots in a mail vote. 13.1.2 The provisions of 13.1.1 shall not apply to a Collective Agreement which results from the implementation of a binding arbitration award. 13.1.3 N.A.S.A. shall not agree to any proposal to reduce the salaries and benefits for any classification or group of classes unless members in these classes voting in a separate ratification vote agree to such a reduction. 14. Regulations and Procedures14.1 The Executive may make regulations and establish procedures for the Association provided that they are not inconsistent with the bylaws. Such regulations and procedures shall, upon ratification by a simple majority vote at a General Meeting, become part of the official regulations and procedures of the Association. 14.2 The regulations and procedures of the Association may be added to or amended by Ordinary Resolution passed by a simple majority at a General Meeting, provided always that such regulations and procedures shall be consistent with the bylaws. 15. Council15.1 The function of Council shall be to advise the Executive and other appropriate bodies of the Association. 15.1.1 Council shall be responsible for the recruitment of new members in coordination with the Membership Chair. 15.1.2 It shall be the responsibility of Council members to provide information and advice to the members in their area with respect to contract provisions and N.A.S.A. operations and Bylaws. It is also the duty of Council to promote the education and general welfare of the membership. 15.2 Council meetings shall be held monthly, on a regular schedule. The schedule shall normally be set at the first meeting of a new Council. 15.2.1 Only representatives may vote at Council meetings. The Executive are ex-officio non-voting members of Council. 15.2.2 Quorum shall be 20% of the current council membership, or ten voting members, whichever is the greater. 15.2.3 When an Executive position is vacant during the normal term of office for the position, the Council shall elect a person to fill the vacancy for the remainder of the term. Such an election shall require one month's notice in writing to all Council members. 15.2.4 It shall be the duty of Council to elect, as required, N.A.S.A. representations on Committees, Boards, or other bodies. Such an election shall normally require one month's notice in writing to all Council Members. 15.2.5 A Council meeting which fails for lack of quorum may be reconvened not less than 7 days later. At least 5 days' notice shall be given for such reconvened meetings. 15.2.6 Minutes of Council meetings shall be circulated to the Council members as soon as practical after each Council meeting. 15.3 The Council shall elect an Editor for Council publications at the second regular meeting of a new Council. Any N.A.S.A. member in good standing is eligible for the post. 15.3.1 The Editor shall be responsible for the editing and production of Council publications as required by Council. 15.3.2 The Editor shall sit as an ex-officio non-voting member of the Executive and the Council. In the case where the member chosen to be Editor is also a Representative that person shall be entitled to exercise his vote as a Representative. 15.3.3 The Editor may be replaced or retained at the pleasure of the Council by an election of which one month's written notice has been given. 15.4 The Council shall elect its own Chairman at the second meeting of a new Council. Any member in good standing is eligible to be elected. 15.4.1 The Chairman of the outgoing Council shall chair the first meeting of the new Council, and convene the second meeting. The election of a new chairman shall be the first item of business at the second meeting. 15.4.2 In the case of the absence of the Chairman, the Council shall elect an acting Chairman for the meeting from the Council members present. 15.4.3 The duties of the Chairman shall include convening and chairing the meetings of the Council, reporting the actions of the Executive to the Council, and to report the actions of the Council to the Executive. To this end the Chairman shall be a non-voting ex-officio member of the Executive. 15.4.4 The Chairman may be replaced or retained at the pleasure of the Council by an election of which one month's written notice has been given. 15.4.5 The Chairman shall be responsible for coordinating the functions of Council and its committees. 15.4.6 Where a Representative's position becomes vacant, or upon request, the Chairman shall normally call a by-election to fill the vacancy. 15.5 Council shall submit an annual report on its activities to the Annual General Meeting. 15.5.1 As of May 1985, a Representative's term of office shall be two years. 16. Varsity Enterprises Inc.16.1 For the purposes of carrying out its objectives, the Association (NASA) may establish a company known as VARSITY ENTERPRISES INCORPORATED. 16.2 For the purposes of carrying out its objectives, the Association (NASA) may assist in the promotion, organization, management and development of VARSITY ENTERPRISES INCORPORATED to the extent that promotion, etc. shall be considered likely to advance the objectives of the Association (NASA) or the interests of its members. 16.3 This bylaw shall not be interpreted as allowing the Association (NASA) or Executive to endorse or financially contribute to political candidates or parties unless directed to do so by a correctly convened Special General Meeting. 16.4 A report shall be made to the NASA
Annual General Meeting regarding the activities of VARSITY ENTERPRISES INCORPORATED (or
any other like body, association or company.)
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