The following amendments were approved at the October 29, 2006, Society Council
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| 1.0 |
ARTICLE I - NAME AND JURISDICTION |
| 1.1. |
The organization shall be known as The Society of Energy Professionals, Local 160 of the International Federation of Professional and Technical Engineers AFL-CIO & CLC, and shall be referred to as "The Society." |
| 1.2. |
The Society is affiliated to the International Federation of Professional and Technical Engineers (IFPTE) and is governed by their Constitution; the Charter of Affiliation issued May 5, 2003 and by the Affiliation Agreement signed June 13, 2003. |
| 1.3. |
This Constitution is subordinate to the IFPTE Constitution. Where there are any discrepancies between The Society Constitution and the IFPTE Constitution, the IFPTE Constitution shall govern. |
| 1.4. |
The Society represents professionals, scientists, supervisors and administrative employees in Canada.
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| 2.0 |
ARTICLE II - DEFINITIONS |
| 2.1 |
A "Member" is an employee of an employer for which the Society has been granted bargaining rights or for which The Society is seeking such rights and who is eligible to be represented by The Society, subject to the qualifications in Article IV, and who has submitted a membership application. |
| 2.2 |
An "Associate" is a person who is seeking representation as a professional, scientist, supervisor or administrative employee and who has submitted an application. |
| 2.3 |
A "Delegate", where they exist, is a Member who is elected by a local group of fellow Members (a "Delegate Group") to represent that group, in accordance with Article VI. |
| 2.4 |
A "Council Representative" is a Member who is selected from members of a Local in accordance with Local Bylaws, to represent that Local at Society Council. |
| 2.5 |
A "Pensioners' Chapter member" is an individual who was formerly employed under one or more of The Society's collective agreements and who has submitted an application. |
| 2.6 |
An "IFPTE Convention Delegate" is a Member who is elected by members of The Society to represent them at the IFPTE's Constitutional Convention. Either by separate elections or by virtue of being elected to office. |
| 2.7 |
The term "Local" shall mean a group of one or more bargaining units as more fully set out in the Constitution and Bylaws. |
| 2.8 |
The term "Local Committee" shall mean a Committee created to make decisions in respect of a Local. |
| 2.9 |
A "Local Vice President" (Local V.P.) is a Member in the Local who is elected by the Members in the associated Local to represent the Members of the Local. |
| 2.10 |
A "Unit Director" is a Member who is elected by the Members in an appropriate organizational group (a "Unit") to represent the Members of the Unit. |
| 2.11 |
The "Principal Officers" of the Society shall consist of an elected President, and up to three (3) elected Executive Vice Presidents responsible for areas outlined in the Constitution and Bylaws. |
| 2.12 |
The "Executive Board " ("Board") shall consist of the Principal Officers, the Local Vice-Presidents, the Staff Manager (non voting), Pensioners' Chapter representative (Non-voting) and the Staff Union representative and unit directors in accordance with Article XIII; Section 13.1. |
| 2.13 |
The "Executive Committee" shall consist of the Principal Officers, three Local Vice Presidents elected by the Executive Board and the Staff Manager (non-voting).
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| 3.0 |
ARTICLE III - MISSION STATEMENT AND OBJECTIVES |
| 3.1 |
Vision |
|
3.1.1 |
Society represented employees working in the most rewarding, nurturing, and safe workplaces. |
|
3.1.2 |
Knowledge workers and supervisors working to the best of their abilities, for employers who support their efforts and provide excellent developmental opportunities, superior rewards and safe workplaces. |
|
3.1.3 |
To facilitate the career aspirations of our members including ongoing training, maintaining accreditation, and job placement. |
|
3.1.4 |
To grow through organizing to the benefit of our existing and new members. |
|
3.1.5 |
The Society seen as the union of choice for professional and supervisory employees. |
| 3.2 |
Mission |
|
3.2.1 |
To negotiate the most provident, empowering, and adaptable collective agreements for our members. |
|
3.2.2 |
To convince employers of the need to involve employees and their unions in determining what and how the business operates. |
|
3.2.3 |
To establish the most effective and inclusive governance structure to provide representation to existing and new members. |
|
3.2.4 |
To develop influence over the employers and governments to further the interests of our members. |
|
3.2.5 |
Participate in the labour movement to gain support and learn from other organizations and to contribute to its transformation into a modern, progressive collective representing the causes of all types of workers. |
|
3.2.6 |
To provide members with the best, professional representation from trained elected representatives and highly qualified staff. |
| 3.3 |
Values & Principles |
|
3.3.1 |
Strength in Solidarity |
|
3.3.2 |
Democracy, Member Driven, Representation by population |
|
3.3.3 |
Integrity, Respect, Dignity |
|
3.3.4 |
Innovation (Creativity) |
|
3.3.5 |
Self determination (Involvement) |
|
3.3.6 |
Equity, equality, Diversity |
|
3.3.7 |
Continuous Learning and Development |
|
3.3.8 |
Respect for others (e.g. jurisdiction of other unions) |
| 3.4 |
Purpose |
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The Society exists to represent, defend, educate and promote the broad interests of our members in the areas of compensation, working conditions and career development. |
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In achieving its objectives, the Society recognizes its responsibility to work towards the continued viability of members' employers while minimizing the impact on the broader public. |
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The Society will consider participation in the appropriate public forums that may influence our members' careers or where our members' careers affect the public. |
| 3.5 |
Economic Objectives |
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A prime objective of the Society shall be to bargain collectively with respect to Members' salaries, benefits, working conditions and other terms and conditions of employment. The Society will seek to negotiate an economic position for its Members comparable with the best of the professional and administrative employee community and which reflects its Members' true contribution. |
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The priorities of the Members will determine the Society's proposals in collective bargaining. |
| 3.6 |
Social Objectives |
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The Society will seek to negotiate agreements and to obtain a level of influence and recognition where its Members will enjoy a position wherein their rights as individuals are fully recognized and where they are encouraged to exercise their civic, social and professional responsibilities. |
| 3.7 |
Career Objectives |
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The Society will seek to create a working environment where all individuals have the opportunity to achieve their full job potential and are encouraged in the development of their career aspirations. |
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The Society will pursue on behalf of its members commitments from members' respective employers to provide opportunities for training and development for its Members in furthering their own careers based on work needs. |
| 3.8 |
Collective Agreements |
|
The various terms and conditions negotiated by the Society, in the ongoing pursuit of these economic, career and social objectives, shall be documented in collective agreements with all employers of its members.
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| 4.0 |
ARTICLE IV - MEMBERSHIP |
| 4.1 |
All employees who are employed by an employer for which the Society has been granted bargaining rights or for which the Society is seeking such rights and who are employed as professional, administrative and associated personnel shall be eligible to be a member and to continue to be a member in the Society, if they formally apply. |
| 4.2 |
Individuals who were formerly employed under one or more of The Society's collective agreements are eligible to belong to The Society's Pensioners' Chapter, if they formally apply, with rights as defined in Article V below. |
| 4.3 |
People who are seeking representation as professionals, scientists, supervisors and administrative employees are eligible to be Associates, if they formally apply, with rights as defined below. |
| 4.4 |
Any question of qualifications or eligibility for membership shall be referred to the Executive Board whose decision shall be final. |
| 4.5 |
Member Rights - Every Member in good standing is entitled to: |
|
4.5.1 |
participate at General Meetings and Local membership meetings, including moving and seconding of resolutions; |
|
4.5.2 |
nominate candidates for, to be nominated for, participate in the election of, and to hold elected office in The Society, subject to qualifications stipulated elsewhere in this Constitution and Bylaws; |
|
4.5.3 |
nominate candidates for, be nominated for, participate in the election of, and hold office as a Delegate to the IFPTE Convention; |
|
4.5.4 |
participate in the Society's business at the local level; |
|
4.5.5 |
vote on changes to the Society Constitution, changes to Society fees, or any matter put to the Members by referendum; |
|
4.5.6 |
in accordance with the rules stipulated elsewhere in this Constitution, petition the Society Executive Board or a Local with support of other Members, as stipulated elsewhere in this Constitution, to require any matter of concern to be brought before a duly called General Meeting, or to be put to the entire membership or the membership of a Local, as a referendum; |
|
4.5.7 |
be treated with dignity and respect within the Society; to be free from discrimination, interference, restriction, coercion, harassment, intimidation or disciplinary action exercised or practiced by a Member in relation to another Member, both within the Society and in the workplace, by reason of race, colour, age, national or ethic origin, political or religious affiliation, language, sex, sexual orientation, or physical or mental disability; |
|
4.5.8 |
be kept informed of actions and subjects of Society concern by news release or by reply to a specific written request, except confidential or personal information about any identified individuals; |
|
4.5.9 |
have made available a copy of the Constitution and Bylaws, whenever they are amended and reprinted. |
|
4.5.10 |
receive a copy of the Auditor's statement, upon request. |
|
4.5.11 |
vote on any proposed legal collective job action in their bargaining unit. |
|
4.5.12 |
Normally vote on ratification of the Bylaws of their Local. |
| 4.6 |
Associates shall be entitled to all of the above rights except 4.5.1, 4.5.2, 4.5.4, 4.5.5, 4.5.6, 4.5.11 and 4.5.12. |
| 4.7 |
Each Member, Associate and Pensioners' Chapter member shall adhere to this Constitution in the conduct of the affairs of The Society and shall act at all times in the best interests of the Society.
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| 5.0 |
ARTICLE V - PENSIONERS' CHAPTER |
| 5.1 |
The Society will maintain a self-funding Pensioners' Chapter. |
| 5.2 |
The Chapter is governed by a separate Constitution and Bylaws which must comply with The Society's Constitution and Bylaws. |
| 5.3 |
An employee who was formerly represented by The Society under one of its collective agreements and who is eligible to collect or is collecting a pension shall be eligible to join the Pensioners' Chapter in accordance with the Constitution and Bylaws of the Pensioners' Chapter . |
| 5.4 |
Pensioners' Chapter members shall not be entitled to vote on any Society matter or hold any Society office except as provided in Articles 5.5 and 5.6, but may serve as a spokesperson for The Society, if duly appointed to do so. |
| 5.5 |
The Pensioners' Chapter may send up to two representatives to Society Council in a non-voting capacity. |
| 5.6 |
The Pensioners' Chapter may send one representative to Executive Board meetings in a non-voting capacity.
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| 6.0 |
ARTICLE VI - DELEGATES |
| 6.1 |
In the interest of democratic representation and efficient administration, the Unit Director or Local Committee may choose to delegate some of the Unit Director's responsibilities to an elected Delegate. Where this is done, membership shall be divided into groups and represented by Delegates elected in accordance with the applicable Local Bylaws.
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| 7.0 |
ARTICLE VII - LOCAL VICE PRESIDENT |
| 7.1 |
Each Local shall elect a Local Vice President (Local V.P.) from amongst the Members of the Local. The Local V.P. shall be elected by the Members in the Local. |
| 7.2 |
The Local V.P. shall be elected for a three year term, in accordance with the election schedule and procedures set out in the Bylaws. |
| 7.3 |
Candidates for the position of Local V.P. shall (i) be current or former Principal Officers, Unit Directors, or Delegates or Local V.P.s or (ii) have the written support of either 5% of the Local Members or a minimum of 3 signatures of local members, whichever is greater. The written consent of a candidate to run for election is required. |
| 7.4 |
Each Local V.P. shall be a voting member of the Executive Board. |
| 7.5 |
Each Local V.P. shall appoint an Alternate to ensure that the Local is represented at any meeting the Local V.P. cannot attend. The Alternate shall be a member of the Local. |
| 7.6 |
A new election for Local V.P. shall be called if 25% or more of the Members of a Local or a majority of the elected representatives (i.e. Unit Directors/Delegates) of a Local so petition the Executive Board. |
| 7.7 |
The by-laws shall specify the general duties of the Local V.P.s. |
| 7.8 |
A Local Vice President shall not also serve as a Delegate, Unit Director, or as a Principal Officer.
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| 8.0 |
ARTICLE VIII - UNIT DIRECTORS |
| 8.1 |
Groups of between 51 and 400 represented employees shall be organized into Units, considering community of interest and/or geographic factors. With approval from the Executive Board, a Unit maybe expanded by an additional of 50 members. For Locals with less than 51 members the Unit Director duties shall be assigned to the Local VP. |
| 8.2 |
The applicable Local Bylaws may stipulate provisions for the purpose of rationalizing the Unit structure, based on the representation-by-population principle. |
| 8.3 |
Changes to Unit boundaries shall be recommended by the Local and subject to approval by the Executive Vice President responsible for member services. |
| 8.4 |
Unit Directors shall be elected by Members of the Unit for a three-year term, in accordance with the election schedule and procedures specified in the Bylaws. |
| 8.5 |
A Unit Director shall not also serve as a Delegate, or Local Vice-President, or as a Principal Officer. |
| 8.6 |
Candidates for the position of Unit Director shall (i) be current or former Unit Directors or Delegates in the Unit, or (ii) shall have the written support of 5% of the Unit members. The written consent of a candidate to run for election is required. |
| 8.7 |
Each Unit Director shall appoint an Alternate from the Local, and normally from the unit, to ensure that the unit is represented at any meeting the Unit Director cannot attend. |
| 8.8 |
Unit Directors or his/her appointed Alternate shall coordinate delivery of member services within the Unit subject to the terms and provisions of the collective agreement. |
| 8.9 |
A new election for Unit Director shall be called if 25% or more of the members of a Unit or a majority of the Delegates of a Unit, where they exist, so petition the Board.
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| 9.0 |
ARTICLE IX - COUNCIL REPRESENTATIVE |
| Every Local and the Pensioners' Chapter are entitled to be represented at the Society Council by their Executive Board members according to Article 13.1 and by Council Representatives. |
| 9.1 |
Council Representatives are selected to attend Council from Locals, according to Local bylaws, on the basis of one representative for every increment of 100 members above the first 50 that are represented by the Local VP (e.g. 1 for between 51 to 150 members, 2 for between 51 and 250 members, and so on minus the number of unit directors selected to the Executive Board according to Article 13.1 |
| 9.2 |
The Pensioners' Chapter is entitled to elect a maximum of 2 non-voting Council Representatives in accordance with their Constitution and Bylaws. |
| 9.3 |
Council Representatives must be a member of The Society but can also be a Delegate or Unit Director.
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| 10.0 |
ARTICLE X - LOCAL COMMITTEES |
| 10.1 |
Locals shall be composed in accordance with Bylaw XIV. |
| 10.2 |
Locals will normally form a Local Committee. Where they do it shall be in accordance with Bylaw VI. |
| 10.3 |
The Local Committee shall have the primary responsibility for conducting collective agreement negotiations with the employer of the members of the Local. |
| 10.4 |
The Local Committee decides the Local Bargaining Agenda, in accordance with Society Council objectives. |
| 10.5 |
The Local Committee shall have the authority to spend funds in accordance with spending limits established by the Executive Board. |
| 10.6 |
Locals shall be responsible for providing information on their work programs to the Executive Board via their Local VP. |
| 10.7 |
The composition, conduct and decisions of joint Society-Management committees shall be within the authority of the Local Committee. |
| 10.8 |
The Local Committee shall have the authority to decide to advance grievances to Step 2.
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| 11.0 |
ARTICLE XI - PRINCIPAL OFFICERS |
| 11.1 |
The Principal Officers of the Society shall serve as voting members of the Executive Board and Executive Committee. |
| 11.2 |
The Bylaws shall specify the general duties of each Principal Officer. |
| 11.3 |
The President shall act for the Executive Committee when the Executive Committee cannot reasonably be convened to make a decision. |
| 11.4 |
Principal Officers shall be elected by Members of the Society for a three year term as a Principal Officer and as an IFPTE Convention Delegate, in accordance with the election schedule and procedures specified in Section 3.1 of the Bylaws. |
| 11.5 |
To be valid, all nominations for the offices of Principal Officers shall have (i) the recommendation of the Executive Board, or (ii) the signature of at least 5% of elected representatives (i.e. Unit directors, Delegates), or (iii) the signature of 1% of Members, and shall have, in addition, the written consent of the candidate. |
| 11.6 |
A new election for Principal Officer shall be called if 25% or more of the Members or a majority of Executive Board members and Society Council Representatives so petition the Executive Board. |
| 11.7 |
A Principal Officer shall not also serve as a Local Vice-President, Unit Director, or Delegate.
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| 12.0 |
ARTICLE XII - IFPTE CONVENTION DELEGATE AND ALTERNATES |
| 12.1 |
IFPTE Convention Delegates, and Alternates, are elected in accordance with the IFPTE Constitution. |
| 12.2 |
Principal Officers are also elected as IFPTE Convention Delegates. |
| 12.3 |
The maximum number of IFPTE Convention Delegates allocated to The Society is determined by the IFPTE Constitution. |
| 12.4 |
Members can be elected as IFPTE Convention Delegates in accordance with Bylaw 3.7.
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| 13.0 |
ARTICLE XIII - THE EXECUTIVE BOARD AND ITS POWER |
| 13.1 |
The Executive Board shall consist of the Principal Officers, Staff Manager (non-voting), all Local Vice-Presidents, the Pensioners' Chapter representative (non-voting) and a representative of the Society Staff Union who shall be a voting member of the Executive Board. In addition a local with more than 400 members will have one voting unit director per 400 members of fraction thereof beyond the first 400 members. |
| 13.2 |
A quorum of the Executive Board shall be 50% of the voting members of the Board, including at least one Principal Officer. |
| 13.3 |
Matters coming before the Executive Board shall be decided by a majority vote. Proxy voting will be permitted in accordance with Bylaw 5.3 f |
| 13.4 |
The vote total for any individual Local is capped such that no Local exceeds 45% of total Board votes. |
| 13.5 |
It is recognized that the fundamental authority for Society actions is derived from the Members, and through them, the Society Council. Since it is not feasible for the Council to meet frequently because of its size, the authority to approve major policy directions is delegated to the Executive Board, subject to Article IV, Section 4.7 and Article X, Section 10.3. |
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The Executive Board may, of its own power, decide and act upon all matters of the Society except that: |
|
13.5.1 |
it may not commit the Society to any financial obligations beyond the existing funds of the Society; |
|
13.5.2 |
it may not invest Society reserve funds nor the Society Training Account in securities other than those authorized by law for the investment of Trust Funds and in Credit Unions; and |
|
13.5.3 |
it may not cause a reversal or negation of a legally established decision of the Society Council except as provided in Section 13.7 of this Article, and |
|
13.5.4 |
it may not overturn the decision of a Local made in respect of a matter within the jurisdiction of the Local as defined in Article X. |
| 13.7 |
The Executive Board may, of its own power, submit any question to a referendum of the membership as a whole whether or not it has been decided by the Society Council. Subject to Section 13.8 of this Article, the result of the referendum will be binding. |
| 13.8 |
The results of a referendum under this article shall not have the effect of overturning the decisions of a Local made within the jurisdiction of the Local as defined in the Constitution. |
| 13.9 |
Subject to Article 10.3, the Executive Board shall set the broad parameters for collective agreement negotiations within which the Locals have final decision-making authority. However, the broad parameters as set by the Board shall not be binding on the Local unless they are supported by at least 60% of the weighted votes cast by the Executive Board. |
| 13.10 |
The Executive Board may delegate certain responsibilities to a Local. |
| 13.11 |
In the event of a vacancy occurring on the Executive Board, it shall be filled in accordance with Bylaw 3.7 and the Bylaws 3.1.1 q) and 3.2.1 b). |
| 13.12 |
The Executive Board shall review Local Committee appeals on Unit Boundaries turned down by the EVP responsible for unit boundary approvals. |
| 13.13 |
The role of the Executive board is to: |
|
13.13.1 |
Approve the budget and work plan. |
|
13.13.2 |
Approve Local budgets |
|
13.13.3 |
Consider additional requests for resources from Local Committees. |
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13.13.4 |
Recommend policy, addition of new bargaining units, and changes to the Constitution and Bylaws to Society Council |
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13.13.5 |
Approve policy between Society Council meetings if timing does not permit a Council meeting to be held. |
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13.13.6 |
Approve the service model. |
|
13.13.7 |
Be responsible for auditing the finances. |
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13.13.8 |
Approve collective agreements with the Society Staff Union. |
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13.13.9 |
Hear appeals to the President's decision regarding overall bargaining objectives interpretation |
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13.13.10 |
Recommend bargaining objectives to Society Council |
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13.13.11 |
Audit policy adherence |
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13.13.12 |
Over-rule Executive Committee decisions regarding internal policies, procedures, practices and guidelines by exception. |
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13.13.13 |
Direct the creation of internal policies, procedures, practices and guidelines. |
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13.13.14 |
Hear appeals to EVP responsible for Member Services rejection of Local Bylaws. |
|
13.13.15 |
Hold Locals accountable for ensuring employees are represented and services are delivered.
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| 14.0 |
ARTICLE XIV - EXECUTIVE COMMITTEE |
| 14.1 |
The Executive Committee shall normally consist of the Principal Officers, three Local Vice Presidents elected by the Executive Board and the Staff Manager (non-voting). |
| 14.2 |
The Executive Committee shall carry out the following roles and responsibilities on behalf of the Executive Board : |
|
a. |
Governing body between Executive Board meetings; |
|
b. |
make recommendations regarding policy and other matters to the Executive Board; |
|
c. |
approve and assign resources to ad hoc committees; |
|
d. |
delegate tasks to committees as required; |
|
e. |
coordinate all Society work programs including budgets; |
|
f. |
undertake centralized research at the request of the Locals to determine the membership's bargaining priorities, data collection and analysis pertinent to the bargaining criteria set out in the Collective Agreements. Benchmark and share bargaining performance of Local strategies; |
|
g. |
provide input and recommendations to the Board regarding the broad parameters within which the Locals shall conduct collective agreement negotiations;
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| 15.0 |
ARTICLE XV - THE SOCIETY COUNCIL AND ITS POWERS |
| 15.1 |
The Society Council is the governing body of The Society of Energy Professionals, and as such has final decision making responsibilities for the union. The Society Council, consisting of the Executive Board , and the Council Representatives, is established to: |
|
15.1.1 |
provide a means to ensure that the interests of members are fully represented and protected; |
|
15.1.2 |
facilitate communications between the Executive Board and members; |
|
15.1.3 |
enact and amend Bylaws to this Constitution; |
|
15.1.4 |
make recommendations regarding amendments to the Constitution and dues; |
|
15.1.5 |
make strategic decisions regarding the approval of new bargaining units for newly represented employees; |
|
15.1.6 |
decide overall bargaining objectives and guidelines for negotiations; |
|
15.1.7 |
approve/decide broad Society policy; |
| 15.2 |
The Society Council shall meet at least once during the fiscal year, or as called by the Executive Board, or upon the written request of not less than twenty-five percent of the Council Representatives. |
| 15.3 |
The President of The Society or, in his/her absence, an Executive Vice President or, in the absence of an Executive Vice President, a chairperson chosen by the meeting shall preside at all Society Council meetings. |
| 15.4 |
The Society Council may require that any matter of concern to the Society be brought before it, and may overturn any decision of the Executive Board. |
| 15.5 |
The Society Council shall be authorized to decide upon or take any action in the affairs of the Society which does not specifically require ratification by referendum except that Society Council may not overturn the decision of a Local made within the jurisdiction of the Local as defined in the Constitution. |
| 15.6 |
The Society Council shall annually appoint a committee to arbitrate any disagreements arising out of interpretation of the Constitution. This Constitution Interpretation Committee shall consist of at least three Members of whom none shall be serving on the Executive Board. Decisions of the Constitution Interpretation Committee shall be binding. |
| 15.7 |
Voting at the Society Council shall be conducted as follows: |
|
15.7.1 |
Voting shall take place on the basis of one vote for each Council Representative (or Alternate) and each member of the Executive Board (or Alternate) present. |
|
15.7.2 |
Motions of the Society Council shall be decided upon by a simple majority vote with the exception of votes regarding enactment or amendment of Bylaws, which shall require a two-thirds majority of votes cast. |
|
15.7.3 |
A vote will be recorded if a motion to record the vote is supported by at least 10% of the members present. |
|
15.7.4 |
Any matter may be put to a vote by a secret ballot if requested by a majority of the Society Council.
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| 16.0 |
ARTICLE XVI - ELECTIONS |
| 16.1 |
The Executive Board shall annually appoint a Chief Returning Officer, who shall be responsible to the Society Executive Board for all election procedures and for overseeing procedures for conducting referenda, consistent with Article XVIII and Article IX. |
| 16.2 |
The Chief Returning Officer shall normally appoint Deputy Returning Officers to assist with these responsibilities. |
| 16.3 |
The Chief Returning Officer shall specify the election schedule in accordance with the Bylaws. |
| 16.4 |
The Chief Returning Officer shall send out a call for nomination to all members for Principal Officer elections. |
| 16.5 |
All candidates for election shall be members of the Society in good standing. |
| 16.6 |
No candidate shall consent to stand for more than one office in any one election (i.e. P.O., LVP, UD, Delegate). |
| 16.7 |
If there is only one candidate for any office, he/she shall be declared elected. |
| 16.8 |
If there are more candidates nominated than required to fill an office, an election shall be held. |
| 16.9 |
To be valid, a ballot must conform to the criteria in the Bylaws and be received by the Chief Returning Officer no later than the deadline specified in the election schedule. |
| 16.10 |
Candidates for all elected positions shall be elected by plurality of ballots cast. |
| 16.11 |
No campaign expenses will be paid for by The Society of Energy Professionals. |
| 16.12 |
The Chief Returning Officer/Deputy Returning Officer cannot accept any nomination documents for any elected position. They must be submitted to the Society Office as per direction on the nomination form.
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| 17.0 |
ARTICLE XVII - HANDLING OF BALLOTS FOR REFERENDA & ELECTIONS |
| 17.1 |
The Society will be responsible for issuing ballots for elections of Principal Officers, Local Vice-Presidents and Unit Directors as well as any other referenda. Where there are delegates, the Local Committee will be responsible for conducting those elections. For referenda only affecting the Local, the Chief Retuning Officer and the appropriate Deputy Returning Officer will conduct the referenda. |
| 17.2 |
Each member eligible to vote in any election or referenda conducted by the Society shall receive a ballot from the Society office in accordance with Bylaw 3.0 Each voter will receive a ballot, and two envelopes, one for identification and another for privacy, as well as any other information pertinent to the vote. |
| 17.3 |
The Chief Retuning Officer will be issued with an appropriate number of locked boxes to be placed in the work place, in a location(s) that the Chief Returning Officer can supervise. |
| 17.4 |
Once the voting period elapses the Chief Returning Officer shall ensure all ballot boxes are returned to the Society for counting of ballots. |
| 17.5 |
The ballot boxes will remain locked until the chief Returning Officer opens them at the Society Office so that others may scrutinize the handling of the ballots.
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| 18.0 |
ARTICLE XVIII - REFERENDA OF MEMBERSHIP AS A WHOLE |
| 18.1 |
The Executive Board or the Society Council may of its own power submit any question to a referendum of the membership as a whole, subject to Sections 18.3 and18.5 of this Article. The Society Council or Executive Board shall decide what appropriate documentation will be included in the referenda. |
| 18.2 |
Any 5% of the membership or 400 members which ever the greater may, by petition addressed to the Executive Board, require any resolution to be put to the Members of the Society by referendum of the membership as a whole, except in the circumstances specified in Sections 18.3 and 18.4 of this Article. |
| 18.3 |
Any referendum under this Article shall not be initiated as a result of a petition in the event that the Executive Board has not yet had the opportunity to implement a previous binding resolution and the petition seeks to negate or reverse that resolution. |
| 18.4 |
Except as provided in Section 13.7 of Article XIII And notwithstanding Section 18.1 and 18.2 of this Article, no referendum under this Article shall be held within one year of a previous referendum if it seeks to reverse all or part of a previous referendum, unless a two-thirds majority of the Society Council approves the holding of such a referendum. |
| 18.5 |
A decision made by a properly constituted referendum of the membership as a whole shall be final and binding on the Executive Board, Society Council and Members. However, a referendum under this Article shall not cause a decision of a Local made within its jurisdiction, as defined in the Constitution, to be overturned. |
| 18.6 |
The Chief Returning Officer shall distribute referendum ballots within a time period stipulated in the Bylaws. |
| 18.7 |
A referendum shall be decided by a simple majority of legal ballots returned within the specified time. |
| 18.8 |
Executive Board or The Society Council may decide to have a referendum using membership meetings with, mail-in ballots, walk-in ballots, electronic ballots or a combination walk-in ballot with a mail-in opportunity for members not able, for any reason, to attend walk-in ballot meeting. All time limits would be in accordance with Society Bylaws. |
|
If ballots are returned by less than 33% of those eligible to vote within a time specified in the Bylaws, the referendum shall be invalid and the question shall be decided by the Society Council. |
| 18.9 |
An electronic ballot may be used for referendum if in the opinion of The Society Council or Executive Board, the need for confidentiality is insignificant.
|
| 19.0 |
ARTICLE XIX - REFERENDA OF LOCAL MEMBERS |
| 19.1 |
A Local may of its own power submit any question relating to a matter within the jurisdiction of the Local, as defined in the Constitution, to a referendum of the membership of the Local, subject to Sections 19.3 and 19.4 of this Article. |
| 19.2 |
Fifteen percent (15%) of a Local's membership may, by petition addressed to the Local Vice President, require any resolution relating to an issue within the jurisdiction of the Local to be put to the Members of the Local by referendum, except in the circumstances specified in Sections 19.3 and 19.4 of this Article. |
| 19.3 |
Any referendum under this article shall not be initiated as a result of a petition in the event that the Local has not yet had the opportunity to implement a previous binding resolution and the petition seeks to negate or reverse that resolution. |
| 19.4 |
Notwithstanding Section 19.1 and 19.2 of this Article, no referendum under this Article shall be held within one year of a previous referendum pursuant to this Article if it seeks to reverse all or part of the previous referendum, unless a two-thirds majority of the votes cast in a poll of the Local elected representatives approves the holding of such a referendum. |
| 19.5 |
A decision made by a properly constituted referendum under this Article shall be final and binding on the Local, Executive Board, Society Council and Members. |
| 19.6 |
A referendum shall be decided by a simple majority of legal ballots returned within the specified time. |
| 19.7 |
Notwithstanding Sections 19.1 of this Article, the Local may choose to conduct a referendum by a walk-in ballot according to procedures specified in the Bylaws.
|
| 20.0 |
ARTICLE XX - GENERAL MEETINGS AND THEIR POWERS |
| 20.1 |
A General Meeting shall be called at any time by the President or the Executive Vice-President - Finance. |
| 20.2 |
A General Meeting shall be called by the Executive Vice President - Finance upon the written request of at least one hundred and fifty Members of the Society, or upon a resolution of the Society Council. |
| 20.3 |
The reason for holding a General Meeting shall be included on all notices and shall be the first item of business. |
| 20.4 |
All Members shall be notified of any General Meeting within a reasonable period prior to the date of the meeting. |
| 20.5 |
A General Meeting may make resolutions and make recommendations to the Executive Board on any matter. |
| 20.6 |
All matters coming before a General Meeting which require a decision shall be referred to the Executive Board unless previously decided by a meeting of the Society Council.
|
| 21.0 |
ARTICLE XXI - FEES |
| 21.1 |
Any changes in the amount of the fees shall be approved by referendum of the membership as a whole. |
| 21.2 |
The fee for Associates shall be set by the Executive Board. |
| 21.3 |
Any Associate whose fees are in arrears more than six months shall automatically forfeit his/her rights as an Associate, except as dictated by the appropriate labour relations legislation. |
| 21.4 |
Fees for part time employees may be prorated as provided in the Bylaws. |
| 21.5 |
Fees for Pensioners' Chapter members will be determined according to the Constitution and Bylaws of the Pensioners' Chapter.
|
| 22.0 |
ARTICLE XXII - AUDIT |
| 22.1 |
The fiscal year of the Society shall be from April 1st to March 31st following. |
| 22.2 |
An external financial audit of the Society's annual statements shall be carried out at the end of each fiscal year by an official Auditor who shall be a Chartered Accountant appointed by the Society Council on the recommendation of the Executive Board . The External Auditor shall have direct access to Society financial Officers and staff. |
| 22.3 |
The Executive Board shall approve the audited annual statements and present them to the next Society Council. |
| 22.4 |
The approved annual statements shall be made available to any Member or Associate upon request. |
| 22.5 |
The Executive Board shall annually appoint a committee to oversee the audit of the Society's annual statements. This Audit Committee shall consist of at least three members of the Executive Board who are not also members of the Executive Committee.
|
| 23.0 |
ARTICLE XXIII - AMENDMENTS TO THE CONSTITUTION AND BYLAWS |
| 23.1 |
The Constitution shall be amended by referendum of the membership as a whole, subject to conditions specified in Article XVIII. |
| 23.2 |
Ratification of amendments to the Constitution shall require support from at least two thirds of the legal ballots received. |
| 23.3 |
The Bylaws shall be amended by a vote of Society Council in accordance with Article XV, Section 15.13.2. |
| 23.4 |
Local Bylaws shall normally be amended by a referendum of the membership of the Local, as a whole, and shall require support from at least two thirds of the legal ballots received.
|
| 24.0 |
ARTICLE XXIV - COMPLIANCE AND DISCIPLINE |
| 24.1 |
A complaint that a member has violated Article IV, Section 4.7 shall be made to the Executive Vice-President responsible for Member Services in writing. The Executive Vice-President shall formulate the complaint into a formal charge. The Executive Vice-President shall provide written notice of the complaint and charge to the person or persons accused of violating Article IV, Section 4.7 (the Respondent). The notice shall include copies of the charge and the complaint. |
| 24.2 |
All of the duties performed by the Executive Vice-President responsible for Member Services pursuant to this Article shall be performed by the Executive Vice-President - Finance in the event that the Executive Vice-President responsible for Member Services is unable to perform the duties due to bona fide unavailability or conflict of interest. In the case where the Executive Vice President - Finance performs the duties of the Executive Vice-President responsible for Member Services, the Executive Vice-President - Finance shall be ineligible to serve as a member of the Screening Panel, Disciplinary Committee or Appeal Committee. |
| 24.3 |
Screening Panel: The Executive Board shall choose three members by random lot from the Executive Board and all Unit Directors to form a Screening Panel. Within 15 working days of receiving the complaint, the Executive Vice-President responsible for Member Services shall present the charge to the Screening Panel. The Screening Panel shall dismiss the complaint if it is frivolous, vexatious or allegations do not disclose conduct that is a violation of Article IV, Section 4.7. Any member of the Executive Board who, for the complaint in question, is the person bringing the complaint (the Complainant) or the Respondent shall not be selected to the Screening Panel. In addition, the Executive Vice-President responsible for Member Services shall not be selected to the Screening Panel. |
| 24.4 |
If the Screening Panel does not dismiss the complaint for the reasons indicated in Article 23.3, the complaint shall be referred to the Disciplinary Committee for a hearing. The Respondent and Complainant shall be informed of the decision of the Screening Panel. The Screening Panel shall have the right to suspend the Respondent from all Committees, Teams and all other roles to which the Respondent was not directly elected by the membership. The suspension shall be on an interim basis pending the decision of the Disciplinary Committee. |
| 24.5 |
Disciplinary Committee: For any complaint referred to the Disciplinary Committee, the Board shall choose a Disciplinary Committee made up of seven members chosen by random lot from the Executive Board and Unit Directors. Any member who, for the complaint in question, is the Complainant or Respondent shall not be selected to the Disciplinary Committee. Neither the Executive Vice-President responsible for Member Services nor the members of the Screening Panel shall be selected to the Disciplinary Committee. |
| 24.6 |
After a brief presentation of the charge by the Executive Vice President responsible for Member Services to the Executive Board and upon request of the Board member, a member of the Board may be excused from serving on a particular Disciplinary Committee because of a bona fide lack of availability or a conflict of interest. |
| 24.7 |
Prior to the appointment of the Disciplinary Committee, the Executive Board may amend, on the request of any party or on its own motion, any time period indicated in this Article. |
| 24.8 |
Within 15 working days of the decision of the Screening Panel not to dismiss the complaint, the Disciplinary Committee shall convene a hearing into the charge. The Executive Vice-President responsible for Member Services shall present the charge to the Committee. Both the Complainant and the Respondent shall be entitled to notice of the hearing and have the right to attend. |
| 24.9 |
Five members constitute a quorum of the Disciplinary Committee. The Disciplinary Committee may convict the Respondent of the charge or dismiss the complaint. A conviction requires the support of at least two-thirds (2/3) of the members of the Committee hearing the complaint. Otherwise, the complaint is dismissed. |
| 24.10 |
If the Disciplinary Committee convicts the Respondent, the Committee shall determine the appropriate penalty. The penalties available to the Disciplinary Committee are reprimand, suspension or expulsion from membership. The decision on the appropriate penalty shall be made on the basis of a majority vote of the members of the Disciplinary Committee. |
| 24.11 |
Providing the Respondent is given the opportunity for a fair hearing, the Disciplinary Committee shall be entitled to determine procedural matters and may amend, on the request of any party or on its own motion, any time period indicated in this Article. In addition, the Disciplinary Committee shall be empowered to render decisions concerning the interpretation of the Constitution and Bylaws as necessary in order to come to a decision. |
| 24.12 |
Appeal Committee: Within 30 working days of the decision of the Disciplinary Committee, the Respondent and Complainant shall be entitled to appeal the decision of the Disciplinary Committee as to the disposition of the complaint and the penalty awarded. The appeal shall be to an Appeal Committee. |
| 24.13 |
The Appeal Committee shall be composed of three Executive Board members chosen by random lot. Members who sat on the Screening Panel or Disciplinary Committee for the particular charge in question and the Executive Vice-President responsible for Member Services shall be ineligible to sit on the Appeal Committee. Upon the request of an Executive Board member, a member of the Executive Board may be excused from serving on a particular Appeal Committee because of a bona fide lack of availability or a conflict of interest. |
| 24.14 |
On matters other than matters of constitutional interpretation, the Appeal Committee's decision shall be final and binding. Matters of constitutional interpretation may be referred by the Appeal Committee to the Constitutional Interpretation Committee for a final and binding ruling. |