CONSTITUTION AND BY-LAWS
of the PRINCE RUPERT DISTRICT TEACHERS’
Updated to October 2005
TABLE OF CONTENTS
1. Membership 2. Governance of the PRDTU
3. Meeting 4. Elections
5. Duties of the Officers 6. Committees
7. Fees and Levies 8. Voting
9. Quorum 10. Audit
11. Inspection of Books & Records 12. Amendment, Rescindment or Adoption of By-laws or articles of the constitution
CONSTITUTION OF THEPRINCE RUPERT DISTRICT TEACHERS’
(A society registered in accordance with the Societies Act of the
Clause 1. NAME The name of this Society shall be the Prince Rupert District Teachers’ Union and it shall be a local association of the British Columbia Teachers’
Union and it shall be a local association of the British Columbia Teachers’ Federation. 3.1
Clause 2. PURPOSES OF THE SOCIETY The purposes of this Society shall be: 1) To promote the cause of education and public schooling in School District No. 52 (
2) To raise the status and promote the welfare of the teaching profession in School District No. 52 (
Prince Rupert)3) To encourage and facilitate the professional growth of its membership4) To represent its members and to regulate relations with their employer through:a) Collective bargaining of terms and condition of employmentb) Enforcement of the current collective agreement Clause 3. BASE OF OPERATIONS The business of this Society shall be carried on chiefly in the School District No. 52 (
By-Law 1 Membership
1.1 Active MembersAll persons employed as teachers by the Board of School Trustees, School District No. 52 (Prince Rupert) who are required by collective agreement to be members of the British Columbia Teachers’ Federation (hereinafter call the BCTF) shall be active members of the Prince Rupert District Teachers’ Union (hereinafter call the PRDTU) 1.2 Voluntary Active MembersAny persons other than those referred to in By-Law 1.1 who are active members of the BCTF may be active members of the PRDTU.
1.3 Associate Members Any person who holds associate membership in the BCTF may become an associate member of the PRDTU. 1.4 Honorary MembersAny persons may be elected at any general meeting of the PRDTU as an Honorary member provided that such election is not contrary to the Constitution and By-laws of the BCTF and/or the PRDTU. 1.5 Honorary Life MembersAny person residing in School District No.52 (
Prince Rupert) may be elected as an Honorary Life Member of the PRDTU by resolution of a general meeting of the PRDTU.
By-Law 2 Governance of the PRDTU
The Governing Body of the PRDTU shall be the Executive Committee. The Executive Committee shall consist of: 2.1 the President
2.2 the Vice-Present 2.2.1 the Immediate Past-President
2.2.2 the Local Representative to the BCTF 2.2.3 the Secretary
2.2.4 the Treasurer 2.2.5 the Chairperson of the Collective Bargaining Committee
2.2.6 the Labour Liaison Representative 2.2.7 the Chairperson of the Social Justice Committee
2.2.8 the Chairperson of the Professional Development Committee 2.2.9 a Staff Representative representing the combined staff of Lach Klan Elementary -Jr. Secondary School and
Bay Elementary-Jr. Secondary.
2.2.10 a Staff Representative representing teachers appointed to District Staff 2.2.11 a Staff Representative representing each of the teaching staffs of the public schools located in the City of Prince Rupert and the
2.2.12 a TOC (teacher on call) Representative representing all TOC teaching staff in the District 2.2.13 a Francophone Representative representing all of the francophone teaching staff in the District
2.3 The Table Officers of the P.R.D.T.U shall be be: 2.3.1 the President 2.3.2 the Vice-President
2.3.3 the Local Representative 2.3.4 the Chairperson of the Collective Bargaining Committee
2.3.5 the Chairperson of the Professional Development Committee 2.4 The Table Officers shall act as the Governing Body of the P.R.D.T.U when the need for immediate action is required and, due to time and quorum limitations, the Executive Committee cannot convene.
2.5 A quorum of the Executive Committee shall be fifty per cent (50%) of its total membership. 2.6 Members of the Executive Committee who are absent from three consecutive Executive and/or General Meetings without providing the President with an acceptable reason and without providing an alternate shall be excused from office and their position declared vacant.
2.7 The Executive Committee shall be empowered to create temporary committees from time to time. The terms of reference for such committees shall be stated in writing and all findings and/or recommendations of such committees shall be reported to the Executive Committee. 2.8 The President of the PRDTU or, in his or her absence, the Vice-President shall be the Presiding Officer at all the Executive Meetings, at all meetings of the Table Officers, and at all General Meetings of the PRDTU.
2.9 The Executive Committee shall have the jurisdiction to consider a complaint that a member of the union has breached the Code of Ethics and acted in a manner harmful and prejudicial to the interests of the local union by crossing a picket line established by the PRDTU in respect of the members’ employer and act accordingly.
By-Law 3 Meetings
3.1 General Meetings of the PRDTU shall be held in September, January, March and May/June of each school year and from time to time as need arises; and that the PRDTU hold at least sixty per cent (60%) of General Meetings at a time and/or day that would enable the Village members to attend. 3.2 General Meetings other than those mandated by By-Law 3 may be called by request of the President, by resolution of the Executive Committee or by presentation to the President of a request in writing for a General Meeting signed by at least ten per cent (10%) of the Active Members of PRDTU.
3.3 The General Meeting to be held in May/June as described in By-law 3.1 shall be the Annual General Meeting of the PRDTU 3.4 The Annual General Meeting shall be held for the purposes of receiving reports from Standing Committees, Electing Officers, determining the fee for the following year and any other business as must be properly brought before a general meeting of PRDTU
3.5 Fifteen (15) calendar days prior to the date of the Annual General Meeting the following information shall be received in each school and at the Resource Centre for distribution to District Staff. 3.5.1 Notice of date, time and place of the meeting
3.5.2 Reports including any recommendation or findings fro0m all Standing Committees 3.5.3 Recommendations from the Executive Committee
3.5.4 A proposed budget for the PRDTU for the coming year including notice of any fees 3.5.5 A list of nominees for the Executive office from the nominating committee of the Executive Committee and
3.5.6 If possible, any other resolutions to be brought before the meeting 3.6 Notice of any general meeting other than the Annual General Meeting or Emergency General Meeting shall be received in writing at each school and at the Resource Centre for distribution to District Staff at least seven (7) days prior to the date of said meeting. With the exception of dinner meetings and other special circumstances, general meetings should be held at “in town” schools, on a rotating basis.
3.7 Emergency General Meetings may be called at the discretion of the President, by resolution of the Executive Committee or by written request to the President, signed by at least ten per cent (10%) of the Active Members of the PRDTU 3.8 Notice for Emergency General Meetings shall be given verbally by the President to Staff Representatives at least one (1) day prior to the time of the meeting.
3.9 Meetings of the Executive Committee shall be called by the President or by a written call circulated to its members by at least fifty per cent (50%) of the Executive Committee members. Members of the Executive Committee shall receive verbal notice or written notice of any meeting of the Executive Committee at least one (1) day prior to the time of the meeting. 3.10 All meetings of Standing or Temporary Committees shall be called in accordance with the provisions contained in By-law 3.9.
3.11 All legally constituted meetings of the PRDTU shall be open to all members of the PRDTU and to guests admitted by resolution of those entitled to vote at a meeting. 3.12 All members shall be conducted according to Robert’s Rules of Order where those guidelines are not in conflict with the By-laws or Procedures of the BCTF or the PRDTU
Elections 4.1 Positions of the Executive Committee shall be filled by election except the immediate Past-President.
4.2 Active members only shall be eligible to hold office. 4.3 All positions of the Executive Committee shall be filled at the Annual General Meeting.
4.4 All members of the Executive Committee shall take office on the July 1st following election. 4.5 The amount of time and order in which candidates may address the meeting shall be determined by the meeting.
4.6 Whenever a vacancy shall occur in the Executive Committee by death, resignation, or by removal from office, the vacancy shall be filled temporarily by the Executive Committee. Elections to fill vacancies shall occur at the General Meeting following the general meeting when notice of vacancy is given. 4.7 Elections of delegates to the BCTF Annual General Meeting shall occur at the general meeting in January.
4.8 Election of the members of the Collective Bargaining Committee shall occur at the General Meeting in September. 4.9 A Staff Representative shall be elected from each school staff and from the District Staff. These elections shall occur in September of each school year and from time to time as the need arises. 4.10 A Staff Representative to serve on the PRDTU Executive Committee representing the combined school staff of
Secondary School and
Secondary School shall be elected in September of each year by the combined staffs of these schools.
4.11 Candidates for office in the PRDTU may be nominated in the following manner: (a) except for the office of President, from floor of any general meeting;, or (b) by a nominating committee struck by the Executive Committee. (c) nominations for PRDTU President must be closed 10 days prior to the March general meeting date. Written position statement to be distributed one week before election meeting date.
4.12 A candidate shall be declared elected when either he or she: (a) is unopposed; or (b) received a simple majority of valid ballots cast. 4.13 Where more than two candidates stand for election to the same office the following elimination procedure shall occur:(a) if after the first ballot none of the candidates receive a simple majority of the votes cast the candidate receiving the fewest number of votes cast shall be eliminated from the slate of candidates and thereafter.(b) the same procedure shall be repeated until only two candidates remain on the slate, or until one of the receives a simple majority, whichever occurs first. (c) unless the meeting decides otherwise.
4.14 For the March General Meeting, the village school staffs shall hold a secret ballot for the position of President prior to the election meeting date. These ballots would be put into a sealed envelope and sent to the President by each village school staff representative before the election meeting date. 4.15 Notwithstanding By-Law 4.13, PRDTU delegates to the Annual General Meeting of the BCTF shall be chosen in the following manner: (a) the President will be appointed as the first BCTF AGM delegate(b) the balance of the delegates will be elected by a secret ballot where those nominees receiving the greatest plurality of votes shall be elected. If two or more nominees receive the same vote tallies for the last available delegate’s position, run-off ballot shall be held to determine the outcome. The nominee not elected but receiving the next highest number of votes shall be considered elected as the PRDTU alternate delegate.
By-Law 5 Duties of Officers
5.1 The President The President shall be the presiding officer of the PRDTU, the Chairperson of the Executive Committee and a member, Ex Officio, of all committees. That person shall have general supervision off all matters and affairs of the PRDTU. The President shall be the primary spokesperson for the PRDTU to the media. The President will ensure the publication, maintenance, distribution and adherence of and to the policies of the PRDTU.
5.2 The Vice-President The Vice President shall perform the duties of the President in the latter’s absence, and other duties assigned from time to time by resolution of the Executive Committee. The Vice President shall co-ordinate political action/communication during School Board election. 5.3 The Secretary The Secretary shall keep accurate minutes of all meetings of the PRDTU and of the Executive Committee.
5.4 The Treasurer shall: 5.4.1 Receive, disburse and accurately account for all monies of the PRDTU, and 5.4.2 Deposit all monies received at a chartered bank or credit union to the credit of the PRDTU and shall draw on those funds by cheque from time to time as instructed by the President, and5.4.3 Prepare an annual budget for the PRDTU in consultation with the Executive Committee.5.4.4 Be the Chief signing officer. The President and/or one other Table Officer will also have signing authority. Two signatures are required on all cheques.
5.5 The Immediate Past President The Immediate Past President shall act as the Sergeant -at-Arms at all General Meetings and other duties as assigned from time to time by resolution of the Executive Committee.
5.6 Staff Representatives Each Staff Representative shall represent their respective constituencies to the Executive Committee and shall report back to their constituents the business of the Executive Committee.
5.7 Committee Chairperson Chairperson of any standing Committee or temporary Committee of the PRDTU shall act as presiding officer of that committee and shall ensure that regular reports of the business of their committee are made Executive Committee. 5.8 The Labour Liaison Representative shall:5.8.1 maintain an on-going liaison with representative of all other labour groups in
5.8.2 attend and act as a spokesperson of the PRDTU at all meetings of the Prince Rupert Labour Council. 5.8.3 report to the PRDTU all matters arising out of meetings with labour organizations in
Committees 6.1 From time to time committees may be formed by resolution of the Executive Committee and/or a General Meeting.
6.2 Permanent Standing Committees of the PRDTU shall be: 6.2.1 the Collective Bargaining Committee 6.2.2 the Social Justice Committee 6.2.3 the Professional development Committee 6.3 Members of the above standing committees shall be elected or appointed by each staff, and by the District Staff with the exception of the Collective Bargaining Committee.
6.4 Members of the Collective Bargaining Committee shall be elected at a General Meeting in September of each year, with the exception of the, Professional development, Program against Racism, Status of Woman Committees, the TOC Representative, and the local Representative shall automatically be members. Elected membership on the Collective Bargaining Committee shall be as follows: 1 representative of secondary teachers 1 representative of elementary teachers 1 representative of all teachers, and 1 representative of the Village Schools 6.5 Chairpersons of Permanent Standing Committees shall be elected to that office in accordance with By-Law 4 of the PRDTU.
By-Law 7 Fee and Levies
7.1 The PRDTU annual fee for Active Members shall be set by resolution of the Annual General Meeting and shall be payable in the same manner as the annual fee of the BCTF. Any active member who fails to pay his or her fee shall be held not to be in good standing until such fee is paid. 7.2 The fee for Voluntary Active and Associate members shall be set by resolution of the Executive Committee.
7.3 For expenses in connection with the obtaining of objectives of the PRDTU any General Meeting may make a levy upon the Active Membership of the PRDTU; any such levy shall be paid by each Active Member on or before a date to be determined by that General Meeting or, failing such determination, by resolution of the Executive Committee and any member who fails to comply with this requirement shall not be in good standing until such levy is paid. 7.4 The annual fee and any levy of the PRDTU shall be debts due to the PRDTU and may be collected with costs of suit in the name of the PRDTU in any court appropriate jurisdiction.
7.5 Any levy made other than at the Annual General Meeting of the PRDTU shall be done with at least thirty (30) days notice of motion to the general membership of the PRDTU.
By-Law 8 Voting
8.1 Voting at all meetings of the PRDTU shall be limited to Active Members and Voluntary Active Members in good standing. 8.2 Voting at all meetings shall be by show of hands except when a ballot is demanded by one-third (1/3) of the voting members present. Notwithstanding this, voting on ratification of a collective agreement and the election of officers shall be by secret ballot.
8.3 Before the March General Meeting, at which “Reports and Resolutions” comprising the agenda of the BCTF Annual General Meeting are debated, village school representatives will ensure that discussion and votes on each issue are held for each of the village schools and those results forwarded to the PRDTU President before the meeting date.
Quorum At any general meeting of the PRDTU a quorum shall exist when there are ten per cent (10%) of the Active Members present. By-Law 10
Audit The accounts of the PRDTU shall be audited as prescribed by the Industrial Relations Act. The Auditor(s) shall not be a member of the Executive Committee. By-Law 11
Inspection of Books and Records Any member of the PRDTU by given five (5) days notice, shall have the right to inspect the books of account and records of the PRDTU. By-Law 12
Amendment, Rescindment or Adoption of By-laws or Articles of the Constitution Amendment, rescindment or adoption of My-laws or Clauses of the Constitutions may be made at any general meeting, provided that notice of such changes was made at the previous general meeting or circulated in writing to the membership at least thirty (30) calendar days prior to the meeting. An assenting vote of seventy-five per cent (75%) of the Active Members present at the meeting shall be required for the purposes outlined above.
Policies 13.1 From time to time the PRDTU may adopt statements or policy that will serve as guides to the officers of the PRDTU in the conduct of their duties and/or that will serve as statements of objectives that the membership wish the PRDTU to obtain.
13.2 Policy statements, once duly adopted, shall be official statements of the PRDTU and shall be binding of the officers and members of the PRDTU. 13.3 Policy statements may be adopted, amended or rescinded at any general meeting under the same terms as By-laws of Clauses of the Constitution except that an assenting vote of sixty-six per cent (66%) is required.
First Nations 1. The PRDTU is committed to the full active participation of First Nations teachers in all aspects of PRDTU and
School District activities.
2. The PRDTU supports First Nations teachers being represented on all District Advisory and implementation committees. 3. Where no First Nations teachers are represented on a District Committee, the NEAC should use one of its First Nations teacher members as the liaison with that committee.
4. The PRDTU will actively encourage the Board to enlist First Nations teacher and students in its committee work. 5. The PRDTU supports the principle of affirmative action with respect to the employment of First Nations teachers in School District No.52.
6. The PRDTU is committed to the development and implementation of First Nations Curriculum.
Picket Line Penalties 1. The Executive Committee shall be delegated the power to conduct hearing and to assess penalties for picket line crossings according to guidelines established by the federation.
2. The hearing of allegations of picket line violations may be in person or in writing at the discretion of the Executive Committee and shall be conducted prior to assessment of penalties. 3. The standard penalty for crossing a local union picket line shall be a fine equivalent to gross pay received from the employer for days upon which said picket line is crossed. Additional penalties applicable may include warning, reprimand, loss of rights to hold office, loss of specified privileges and appropriate publication.
4. Any strike pay which picket line violators would normally have received will be forfeited. 5. Members found by the Executive Committee to be in violation of picket lines and penalized therefore may appeal such finding and/or penalty in writing to the chairperson of the Judicial Council who shall assign an Appeal Panel. The appeal may be heard orally or in writing at the discretion of the Appeal Panel.
The Role and Responsibilities of the Staff Representative
A Staff Representative is responsible for linking staffs with the Executive Committee by attending Executive Committee meetings, speaking for the staff at the meetings, and talking information back to the staff. The three goals of a staff representative are to: 1. Assume authority with the school as the prime PRDTU/BCTF representative,2. Be an effective problem solver and source of information,3. Assume an active leadership role on staff.
To meet Goal 1 – A Staff Representative 1. Works with other PRDTU committee reps within the school to further the goals of the PRDTU within the school. 2. Facilitates discussions of issues of concern to the PRDTU/BCTF at the staff level in order to effectively communicate provincial and district concerns to staffs. 3. Encourage attendance of PRDTU members at meetings and social events of the union and 4. Encourage substitute teachers to become active members of the PRDTU. To meet Goal 2 – A Staff Representative
1. Attend a staff rep training program 2. May accept training which provides skills to become a future officer of the Executive Committee. 3. Should be familiar with Robert’s Rules of Order. To meet Goal 3 – A Staff Representative 1. Assume a leadership role in initiating and developing collegial decision -making practices within the school. 2. Acts as an advocate, in conjunction with other PRDTU committee representatives, for staff members in matters of professional concern at the school and District level (through the Executive).
Staff Representatives: Policy Statements
Staff Representative Training 1. New staff representatives shall receive a one – day training workshop early in the school tear. Any necessary substitute costs shall be paid by the union.2. The Vice-President of the PRDTU shall have the particular responsibility for ensuring on-going staff representative training.
Staff Representative Handbooks 1. At the beginning of each school year, each staff representative shall be provided with an updated Staff Representative Handbook. 2. It shall be the responsibility of each staff representative to update his/her copy of the handbook as is required during the school year.3. Each staff representative shall return his/her copy of the handbook to the President at the end of the school year.
Bargaining 1. Each staff representative shall initiate and chair a one-item staff meeting to determine staff bargaining priorities by January 31st of each year as a formal step in the bargaining process. These bargaining priorities shall then be presented to the PRDTU Collective Bargaining Committee at a joint CBC-Staff Rep. Meeting in early February of each year.
Grievance Policy The Local
Union as Bargaining Agent