| Article 1 - Objectives and Purpose |
| 1.1 |
This Agreement of Affiliation ("Agreement") is entered into between the Society of Energy Professionals ("SEP") and the International Federation of Professional and Technical Engineers, AFL-CIO & CLC ("IFPTE"). |
| 1.2 |
In entering into this agreement, SEP and IFPTE recognize that the affiliation of SEP with IFPTE represents a unique and historic joining together of two organizations that share a common interest in improving the working conditions, salaries and benefits of their members and otherwise fostering the common goals and objectives of workers in the professional and technical fields throughout North America. |
| 1.3 |
Accordingly, SEP and IFPTE hereby pledge their full cooperation from this day forward in fulfilling their mutual objectives of advancing the interests of the membership in a manner that is consistent with the Constitution of SEP and the Constitutions of IFPTE and the Canadian Labour Congress (CLC), and hereby agree to maintain this affiliation continuously hereafter. |
| Article 2 - Affiliation, Charter and Jurisdiction |
| 2.1 |
Upon approval of the appropriate bodies of SEP and IFPTE, IFPTE shall issue a Permanent Charter to SEP as an affiliated Local of IFPTE. SEP is to be known as SEP - IFPTE Local 160. |
| 2.2 |
Upon IFPTE's issuance of a Permanent Charter to SEP - IFPTE Local 160, IFPTE shall afford SEP - IFPTE Local 160 and its members all rights, privileges and benefits of affiliation with and membership in IFPTE, including, but not limited to the right to attend and participate in IFPTE conventions with full delegate strength and otherwise exercise all voting rights. |
| 2.3 |
IFPTE recognizes the presently existing Constitution of SEP as the basic governing structure of SEP. SEP recognizes that, except as provided by this Agreement, its Constitution must not conflict with the IFPTE Constitution and agrees to take appropriate action to modify the appropriate portions of its Constitution and/or By-laws to conform to the IFPTE Constitution. Following execution of this Agreement, IFPTE will accept any future amendments to SEP - IFPTE Local 160's Constitution, provided such Constitutional amendments do not conflict with the IFPTE Constitution or the CLC Constitution. Should any conflict continue to exist between the SEP - IFPTE Local 160 Constitution and the IFPTE Constitution, the IFPTE Constitution shall be the governing document. Decisions by the IFPTE President regarding the SEP - IFPTE Local 160 Constitution and Bylaws may be appealed to the IFPTE Executive Council and, thereafter, to the IFPTE Convention. IFPTE will work to amend its Constitution to make any changes necessary to ensure that all elements apply to Canadian locals as well as to US locals. |
| 2.4.1 |
SEP - IFPTE Local 160 per capita tax payments made to IFPTE will not be used by IFPTE for any political campaign or as a contribution to or on behalf of any political candidate or party. |
| Article 3 - Autonomy |
| 3.1 |
IFPTE recognizes that SEP is an autonomous labour organization. As an IFPTE - affiliated Local, SEP - IFPTE Local 160 will continue to operate as an autonomous labour organization. SEP - IFPTE Local 160's autonomy shall include but not be limited to the right to: |
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3.1.1 |
Elect officers and select agents, employees, staff and consultants including attorneys and accountants; |
|
3.1.2 |
Raise or lower its dues in keeping with the terms of its governing documents. In no event will the dues be lowered below the minimum dues set forth in the IFPTE Constitution; |
|
3.1.3 |
Manage its operations and business, and conduct its internal and external affairs, including collective bargaining, grievance processing, organizing and financial management; and |
|
3.1.4 |
Choose to or not to endorse political issues. |
| 3.2 |
IFPTE shall not be a party to any collective bargaining agreement negotiated by SEP - IFPTE Local 160 on behalf of its members. |
| 3.3 |
SEP - IFPTE Local 160 shall utilize the disciplinary rules and procedures as set forth in the SEP - IFPTE Local 160 Constitution with a right of appeal to IFPTE. |
| 3.4 |
Protest and questions regarding elections will be determined pursuant to SEP - IFPTE Local 160's internal procedures with a right of appeal to IFPTE pursuant to the IFPTE Constitution. |
| 3.5 |
Eligibility for SEP - IFPTE Local 160 membership shall be governed by the SEP - IFPTE Local 160 Constitution. |
| Article 4 - IFPTE Assistance |
| 4.1 |
The parties agree that the affiliation of SEP with IFPTE provides a unique opportunity to increase SEP's and thereby, IFPTE's membership, and to increase the number of professional and technical employees benefiting from union representation throughout Canada To this end IFPTE will make every reasonable effort, consistent with the IFPTE Constitution and policies, to develop and devote available resources to support SEP - IFPTE Local 160's organizing and collective bargaining efforts. Toward this end, IFPTE will devote the per capita tax received from SEP - IFPTE Local 160 to the development and maintenance of an infrastructure in Canada, with particular focus on the staffing of organizers, and including necessary administrative expenses incurred by IFPTE. |
| Article 5 - Trusteeship |
| 5.1 |
IFPTE may, in keeping with prevailing laws, place SEP - IFPTE Local 160 in trusteeship to correct corruption or financial malpractice, assure performance of collective bargaining agreements, restore democratic procedures, or to otherwise carry out the legitimate objects of the union. SEP - IFPTE Local 160 will not be placed in trusteeship until a hearing is held, pursuant to the IFPTE Constitution. |
| 5.2 |
Provisions of the IFPTE Constitution regarding trusteeship are only applicable to the extent that they conform to prevailing laws. |
| Article 6 - Assets and Property |
| 6.1 |
Not withstanding article 14.10 of the IFPTE constitution, all present and future acquired funds, assets and property, both real and personal, tangible and intangible of SEP - IFPTE Local 160 shall at all times remain under the control and direction of SEP - IFPTE Local 160 in accordance with the SEP - IFPTE Local 160 Constitution. In the unlikely event that either party or both parties terminate this relationship, IFPTE shall retain all of IFPTE's present funds, assets and property, both real and personal, tangible and intangible and SEP - IFPTE Local 160 shall retain all of SEP - IFPTE Local 160's present funds, assets and property, both real and personal, tangible and intangible, including bargaining rights for all of SEP - IFPTE Local 160's bargaining units. |
| 6.2 |
IFPTE agrees that the audit of SEP's net worth performed on March 31, 2002 is acceptable and satisfies the IFPTE Constitution. IFPTE further agrees that any audit of SEP - IFPTE Local 160 pursuant to the IFPTE Constitution will be based upon good cause and performed by an Independent Public Accountant. |
| 6.3 |
IFPTE agrees that SEP's financial records and bookkeeping procedures conform to procedures approved by the Secretary Treasurer in consultation with the Executive Council. |
| Article 7 - Per Capita Tax and CLC Affiliations |
| 7.1 |
Upon issuance of a permanent charter, SEP - IFPTE Local 160 will pay the full IFPTE per capita tax as required by the IFPTE Constitution. IFPTE will pay per capita tax to the CLC on behalf of each SEP - IFPTE Local 160 member. |
| Article 8 - Successors and Assigns |
| 8.1 |
This Agreement is binding on both SEP and IFPTE and their successors and assigns. |
| Article 9 - Effective Date of the Agreement |
| 9.1 |
This Agreement shall become effective upon the date of execution by all parties and shall be subject to approval by the appropriate bodies of SEP and IFPTE. |
| Article 10 - Modification of the Agreement |
| 10.1 |
This Agreement may be modified or amended only in writing and by the duly approved, mutual agreement of SEP - IFPTE Local 160 and IFPTE. |
| 10.2 |
In the event it is determined that any provision of this Agreement in any manner conflicts with SEP - IFPTE Local 160/IFPTE's entitlement to protection under the CLC Constitution, then the parties shall have the option to immediately re-negotiate that term of the agreement to eliminate the conflict. |
| Article 11 - Arbitration of Disputes |
| 11.1 |
Disputes which may arise between the parties regarding the interpretation or application of the provisions of this agreement and/or matters not specifically provided for by the terms of this Agreement, shall be resolved under the terms of the IFPTE Constitution with appeal procedures provided within the Constitution of the Canadian Labour Congress.
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