About
Constitution
This electronic version is provided for convenience
only. The printed constitution is the official version.
(Effective April 21, 2007)
Table of Contents
Article 1 - Name
Article 2 - Location
Article 3 - Objects and Purposes
Article 4 - Definitions
Article 5 - Membership
Article 6 - Members' Rights and Obligations
Article 7 - Convention
Article 8 - Board of Directors
Article 9 - President
Article 10 - Regional Directors
Article 11 - Members at Large
Article 12 - Stewards
Article 13 - Committees
Article 14 - Negotiations
Article 15 - Complaints & Dispute Resolution
Article 16 - Amendments to the Constitution
Article 1 - Name
The name of the union is "the Health Sciences Association of British
Columbia", hereafter referred to as "the Union".
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Article 2 - Location
The head office of the Union shall be maintained in the Greater Vancouver area.
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Article 3 - Objects and Purposes
The union’s objects and purposes are as follows:
(a) to seek recognition as bargaining agent on behalf of employees in the health care
professions, in other occupations in the provision of health care, and in related
professions and occupations;
(b) to regulate relations between employees and employers through collective
bargaining, and to establish and maintain the best possible standards of pay, benefits,
and other working conditions;
(c) to provide a high level of representation for the members and generally promote the
interests of the members;
(d) to promote progressive legislation - particularly in the areas of health care,
labour relations, labour standards, and human rights - without affiliating to any
political party;
(e) to cooperate with professional associations on matters of common interest and
concern; and
(f) to cooperate with unions and organizations of unions in order to promote the above
objects and purposes.
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Article 4 - Definitions
In this Constitution:
"Chapter" means a unit of 7 or more members represented by the Union and/or a
group of 2 or more units of members represented by the Union, where at least 1 of the
units has fewer than 7 members. Chapters with fewer than 7 members which cannot be grouped
because of geographical or other considerations will retain chapter status.
"Director" means a member of the Board of Directors: that is, an Officer or
Regional Director.
"Board of Directors" is the elected governing body composed of Officers and
Regional Directors.
"Officer" means the President, Vice-President or Secretary-Treasurer.
"Recognised Unit" means a certified bargaining unit or a unit otherwise
recognised as represented by the Union for collective bargaining purposes.
"Region" means a group of Chapters which elects Regional Directors and
certain other representatives.
"Regional Director" means a member of the Board of Directors elected by a
Region.
"Steward" means an elected representative of the members in a Chapter.
"Member in good standing" means any person who qualifies under Article 5.
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Article 5 - Membership
Section 1. Eligibility and Membership Criteria
(a) Any person employed in a Bargaining Unit which is represented by the
Union is a member of the Union; any person who could be represented by the Union is
eligible for membership. Any such membership must not be prohibited under the
Constitution.
(b) The Board of Directors may refuse membership for reasonable cause. Reasonable cause
shall include the fact that an applicant for membership has:
(i) crossed a lawful picket line of this or another union;
(ii) accepted employment as a replacement for an employee not at work due to a strike
or lockout;
(iii) acted to prevent a union from obtaining or maintaining a certification for any
unit of employees.
(c) Every applicant for membership shall have a right to natural justice and shall not
be denied membership on a discriminatory basis.
Section 2. Initiation Fees and Dues
(a) The initiation fees and membership dues shall be determined from time to time at a
Convention of the Union.
(b) The Board of Directors may, as a result of job action, initiate a temporary
dues increase to a maximum of 17% of earnings on some or all working members
covered by the affected Collective Agreement with such funds to form part of
the Defence Fund of the Union. A temporary dues increase shall not be applied
for any time greater than the length of the job action.
(c) No member shall pay more than one initiation fee in any twelve month period.
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Article 6 - Members’ Rights and Obligations
Section 1. Democratic Participation
Every member has the right to participate in the democratic processes of the Union as
set out in this Constitution and specifically has the right to attend and speak at Annual
and Special Conventions.
Section 2. Right to Representation
(a) Every member in a recognized bargaining
unit has the right to representation by the Union in presenting appeals pursuant
to workers’ compensation and employment insurance legislation, and in presenting
complaints before labour standards and labour relations tribunals.
(b) The membership of every recognized unit has the right to representation by the
Union in collective bargaining. That membership has the right to ratify any proposed
collective agreement by secret ballot vote conducted by the Union in accordance with its
policies.
(c) Every member in a recognized bargaining unit has the right to be represented by the
Union in presenting grievances to their employer, including representation before
arbitrators or other third parties.
(d) Nothing in (a) or (c), requires the Union to represent a member where the
member’s claim is without merit and/or where the claim would result in more detriment
to other members or the membership generally than benefit to the member with the claim.
Decisions to proceed, or not to proceed, shall be made in good faith and without
discrimination, and shall not be made arbitrarily. Nothing in (a), (b), or (c) requires
the Union to participate in a specific tribunal if the Union, by properly adopted policy
or resolution, is boycotting the tribunal.
(e) Every member who is affected by a decision under this Section and believes that the
decision is contrary to the principles expressed in this Constitution has the right to
appeal that decision to the Board of Directors.
Section 3. Responsibilities
Every member shall pay membership dues established in accordance with this
Constitution, comply with Union policies, and comply with decisions of the Convention and
the Board of Directors.
Section 4. Political and Human Rights Issues
Where the Union, through its democratic processes takes positions on political, human
rights or other issues not directly related to the objects and purposes set out in
sections (a), (b), and (c) of Article 3, these positions are not "policies" or
"decisions" for purposes of Article 6, Section 3. No member is liable for any
sanction under this Constitution because that member disagrees with or disassociates him
or herself from such a position.
It is expressly acknowledged that any position taken on such an issue, and any money
spent in connection with such an issue, reflects collective decisions, and does not imply
the financial or other support of any member who does not support the decision of the
Union.
Section 5. Liability of Members
No member of the Union is liable as an individual for any debt or liability of the
Union.
Section 6. Obligations
No member shall:
(a) Wilfully publish or circulate, verbally or otherwise, misrepresentations concerning
the Union, or concerning any member of the Union with respect to a matter connected with
the affairs of the Union.
(b) Refuse to comply with the decision of a Union Trial Committee or where the decision
of the Trial Committee is appealed, the decision of the Convention;
(c) Resign membership in the Union during a strike or lockout if the resignation has or
may have the purpose or effect of avoiding obligations under this Constitution with
respect to strikes or lockouts;
(d) Cross any union picket line established to maintain or improve wages or conditions,
except that this obligation does not apply where the Board of Directors specifically
declares that the line is unsanctioned;
(e) Work during a work stoppage unless working in accordance with the Union’s
essential service policy or otherwise specifically authorised by decision of the Board of
Directors;
(f) Take or obtain money or property of the Union without authorisation;
(g) Misrepresent eligibility for any Union office or position; or
(h) Seek a remedy in court or before another tribunal against the Union, or anyone
acting on behalf of the Union, before exhausting the procedures set out or permitted by
this Constitution.
Section 7. No Discrimination
(a) The rights and benefits of the Union are conferred on each member, without
discrimination on the basis of gender, race, age, mental or physical disability, religion,
national origin, political belief, or sexual orientation.
(b) Subsection (a) does not apply
(i) as it relates to affirmative action policies or programs, or
(ii) as it relates to age, to a bona fide scheme based on seniority, or
(iii) as it relates to marital status, physical or mental disability, sex or age, to
the operation of a bona fide retirement, superannuation or pension plan or to a bona fide
group or employee insurance plan.
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Article 7 - Convention
Section 1. Powers
The Annual Convention when in session has all legislative, executive, judicial and
administrative powers of the Union.
Section 2. Annual Convention
(a) The Union shall hold an Annual Convention each year at a time and place to be
determined by the Board of Directors.
(b) The Board of Directors shall advise members of the time and place of the Annual
Convention at least six weeks prior to the date of the Convention.
(c) Upon the advice of the Board of Directors, the Annual Convention shall appoint the
Union’s Auditor.
Section 3. Special Convention
Special Conventions shall be at the call of (i) the Board of Directors, or (ii) more
than 25 percent of the membership who have indicated in writing their desire for a Special
Convention.
For purposes of this provision the size of the membership is determined by the number
of people paying dues in the month prior to the month of the petition.
All of this Article applies to a Special Convention except Section 2 and Section 5.
Special Conventions shall deal only with the subject matter contained in the petition
or, where called by the Board of Directors, in the Convention call.
Upon receipt of a petition with the required number of signatures, the Board of
Directors shall call a Convention for a date within six weeks and notify the Chapters of
the time and place forthwith.
Section 4. Resolutions
(a) Members of the Union may bring matters before a Convention for
consideration by means of resolutions submitted to, and approved by, their Chapter. These
resolutions may include proposed Constitutional changes or policy matters.
(b) The Board of Directors may submit its own resolutions to Convention.
(c) All resolutions for submission to Convention must be received at Union
head office at least 65 days prior to Convention or they will not be considered.
This requirement does not apply to Special Conventions.
(d) All policy resolutions shall not exceed 150 words.
(e) Copies of resolutions shall be sent to all Chapters at least 30 days before
the Convention except in the case of a Special Convention.
(f) The Board of Directors shall arrange that each delegate to Convention shall
be sent a copy of all resolutions to be presented to the Convention, together
with a copy of reports to be submitted to the Convention at least 14 days prior
to the Convention date except in the case of a Special Convention.
(g) An extraordinary resolution may be submitted from the floor of the Convention,
but only if it arises from circumstances that prevented the resolution from
being submitted in the normal manner.
Section 5. Delegate Status at Convention
(a) Representation shall be based on the following: Chapters with up to and including
49 members shall be entitled to one delegate who shall be the Chief Steward or her/his
Alternate. Chapters with over 49 members will be entitled to one additional delegate for
each additional 50 members or portion thereof.
(b) Members are eligible to be elected as delegates if they are employed in the Chapter
they seek to represent.
(c) The Chief Steward shall call a Chapter meeting to elect the delegate(s) and shall
advertise it in order to provide sufficient notice for members to attend. The meeting
should take place at least four weeks prior to the Convention.
(d) It is the responsibility of the delegates to attend the Convention and to report
back to the Chapter on significant results of the Convention.
Section 6. Board of Directors and Members-at-Large Delegates
Members of the Board of Directors and Members-at-Large are automatic delegates.
Directors-elect and members of committees reporting to Convention are entitled to
attend and participate in the Convention, however they are not able to vote unless they
are otherwise attending as Delegates.
Section 7. Convention Voting
(a) Only delegates in attendance at the Convention are entitled to vote and they are
entitled to cast one vote on each issue.
(b) A straight majority vote of the delegates present and voting shall be sufficient to
pass any resolution presented to Convention except those which change the Constitution for
which a two-thirds majority is required. All resolutions that are adopted will take effect
upon adjournment of the Convention unless otherwise specified.
Section 8. Quorum
Fifty delegates constitute a quorum at any Annual or Special Convention.
Section 9. Procedure
Except as otherwise provided in this Constitution, all matters of procedure at
Convention and at any meeting of the Union shall be conducted in accordance with
Bourinot’s Rules of Order.
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Article 8 – Board of Directors
Section 1. Powers
The Board of Directors is the supreme governing body of the Union when the Convention
is not in session, subject to the provisions of the Constitution.
Section 2. Board Composition
The Board of Directors is composed of the President and one Regional Director from each
of the Regions.
The officers are: President, Vice-president and Secretary-Treasurer.
No member may hold more than one position as an Officer, nor simultaneously hold the
positions of President and Regional Director.
Section 3. Election of Officers
The Board of Directors shall annually elect by majority vote a Vice President and a
Secretary Treasurer. They shall hold office for one year. The Vice President or Secretary
Treasurer positions may be declared vacant by a vote of two-thirds of the Board of
Directors. A vacancy occurring in either of the offices shall be filled by and from the
Board of Directors.
Section 4. Duties of Vice President
The Vice-President may exercise the following powers and shall perform the following
duties:
(a) Assumes the duties of the President at the President’s request or in the
President’s absence.
(b) Acts as senior delegate in the absence of the President.
(c) Chairs the Resolutions Committee and is a member of the Executive Committee.
Section 5. Duties of Secretary-Treasurer
The Secretary-Treasurer may exercise the following powers and shall perform the
following duties:
(a) Ensures that accurate records are kept of all official proceedings and financial
matters.
(b) Chairs the Finance Committee and is a member of the Executive Committee.
(c) Is a signing officer.
(d) Has the books and accounts of the Union verified by the auditor as needed and at
least annually, and presents an audited report and statements to the Annual Convention.
(e) Presents the financial report and budget to the Annual Convention.
Section 6. Expense Approval
All expenses of Directors are authorised by the Board of Directors and must be
documented with receipts and are subject to the scrutiny of the Finance Committee.
Section 7. Meetings
Meetings of the Board of Directors may be held at any time and place upon seven days
notice or such lesser time as may be agreed upon by a majority of the members of the Board
of Directors.
Meetings shall be at the call of the president or a majority of the Directors.
Six members constitute a quorum.
Section 8. Electronic Communication
The Board of Directors may act by telephone, facsimile machine or other means of
communication provided that any decision is made by a quorum constituted through such
means.
Section 9. Indemnification
The Union shall indemnify and agree to hold the Board of Directors, Stewards and
persons elected to serve the Union including their heirs, executors and administrators
from and against any and all charges, costs, expenses, damages and actions to which they,
or any of them, may become subject, including legal costs for or in respect of anything
done or omitted to be done relating to the duties of their office.
Provided that nothing herein shall exempt those persons from any liability arising out
of their own acts or omissions arising from their lack of good faith, dishonesty, or
willful misconduct.
Section 10. Staff
(a) The Board of Directors shall hire employees necessary to carry out
the affairs of the Union.
(b) The Board of Directors shall establish the remuneration and other terms and
conditions of employment of the employees of the Union, subject to collective bargaining
or contract provisions.
Section 11. Lending and Borrowing Powers
The Union may, by resolution of the Annual Convention, or a Special Convention, or upon
a motion of the Board of Directors, borrow or lend such amounts of money as are necessary
for the conduct of the affairs of the Union.
Section 12. Board of Directors Authority During Job Action
In case of any job action involving HSA members, the Board of Directors has the
authority and responsibility, subject to express provisions of this Constitution, to
determine appropriate policies and procedures with respect to the job action for HSA and
its members. Without limiting the generality of the foregoing, and regardless whether the
job action is initiated by HSA, by another Union, or by the employer, the Board of
Directors has the authority:
(a) To set and revise job action pay.
(b) To establish conditions for receiving job action pay, which may include a
requirement to perform an amount of picket or alternate duty.
(c) To determine the members who are permitted or required to perform essential
services.
(d) In the case of a job action initiated by HSA, to determine the timing and duration
of strike at any facility.
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Article 9 - President
Section 1. Term of Office of President
The term of office is two years. The President is elected at the Annual
Convention in odd numbered years.
Section 2. Nomination of President
(a) To be eligible, nominees must have been a member of the union for at least
one year immediately prior to election.
(b) Any six members may nominate any other member to seek election as President. This
nomination shall be in writing, signed by all six nominators, and must be accompanied by a
written consent signed by the nominee.
(c) If the nomination, together with a suitable black and white photograph and a
statement of not more than 400 words is received by the head office 60 days or more before
the Convention, the statement and photograph will be published in the Annual Report.
(d) After the Convention is convened, nominations may be delivered to the Chair of the
Election Committee or designate until the final call for nominations.
Section 3. Election of the President
(a) The election of the President is by secret ballot and requires a
majority vote; that is, over 50 percent of those delegates voting.
(b) If no candidate gets more than 50 percent, then the candidate receiving the least
number of votes is dropped from the ballot and a new ballot is cast.
(c) In event that there is only one candidate, the ballots shall be dispensed with and
the presiding officer at the Convention shall declare that candidate elected.
(d) The outgoing President shall complete a two-week paid transition period with the new President.
Section 4. Vacancies
If there is a vacancy in the office of President, the Vice-President shall
become President until the next Annual Convention where the vacant position will be filled
by regular election or by election to finish the term.
Section 5. Recall of the President
(a) A motion to recall the president is in order at a Special
Convention, if notice is contained in the Convention petition or call.
(b) A resolution to recall the President is in order at an Annual Convention.
(c) Either a) or b) above requires a two-thirds majority vote of those voting in order
to pass.
Section 6. Duties of the President
The President is the senior elected officer of the Union, who performs the
duties on a full-time basis and has the following powers and duties which may be exercised
or performed in person or by delegation:
(a) Presides at all meetings, conventions and conferences of the Union except Regional
meetings and Chapter meetings.
(b) Is the chief representative of the Union in relations with labour centrals, other
unions, and professional associations, (except with respect to collective bargaining) and
is the senior delegate of the Union to labour movement meetings, conferences and
conventions.
(c) Is the primary spokesperson for the Union, internally and externally, with respect
to the Union’s policy, health care issues, and all other matters as determined by the
Board of Directors.
(d) Is Chair of the Executive committee and an ex-officio member of all Board and
negotiations committees, with the exception of the Presidential Issues Committee.
(e) Is the Chief Executive Officer of the Union.
(f) Is a signing officer.
(g) Keeps the Vice-President informed of matters necessary to assume the duties of the
President.
(h) Ensures that policies and decisions of Conventions and the Board of Directors are
carried out.
(i) Reports to the Board of Directors and to the Annual Convention.
Section 7. Remuneration
The President shall receive such salary and benefits as may be approved by the
Board of Directors and reported to Convention at the next meeting of Convention following
the approval by the Board of Directors.
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Article 10 - Regional Directors
Section 1. Regions
There are ten Regions. Each Region is determined by the Board of Directors
with consideration of geographic and numerical factors.
Chapters are assigned to the appropriate region by the Board of Directors.
Chapters may appeal the decisions of assignment.
Chapters have the right to make final appeal by resolutions to convention.
Section 2. Term of Office
The term of office is two years. Regional Directors are elected by the members in the
Regions they seek to represent.
Elections are arranged so that odd-numbered Regions elect in odd-numbered years and
even-numbered Regions elect in even-numbered years.
Section 3. Nominations of Regional Directors
(a) Regional Directors must have been a member of the union for at least one
year immediately prior to election.
(b) Any two members within a Region may nominate any other member in their Region to
seek election as a Regional Director.
(c) This nomination shall be in writing, signed by both nominators. The nomination must
be accompanied by a written consent signed by the nominee, together with a suitable black
and white photograph and a statement of not more than 300 words.
(d) These must be received at Union office at least 70 days before Annual Convention.
Section 4. Election of Regional Directors
(a) At least 50 days before Annual Convention the
Union office will mail the ballots, ballot envelopes and postage-paid return
envelopes, together with the candidate’s photo and statement, to each
member within the Region.
(b) Members must mark their ballots, place them in the ballot envelope, place
the ballot envelope in the return envelope, on which they must print their
name. If the return envelope does not have the printed member's name, the
ballot will be declared invalid.
(c) Ballots must be returned to head office within the time limits prescribed
by the Board of Directors.
(d) Regional Directors take office at the conclusion of the Convention in
the year in which they are elected.
Section 5. Vacancies
(a) If a Regional Director is unable to complete
a two year term, or if a Regional Director position is vacant for any reason,
the Board of Directors shall arrange for the election. However, if a vacancy
occurs within six months of the expiry of the term of office, the vacancy
will be filled by the Resolution Committee member elected by that region.
(b) Nominations to fill vacant Regional Director positions shall be declared
open for 21 days. At the close of nominations, balloting shall be conducted
for a period of at least 35 days.
(c) Successful candidates elected to fill vacant Regional Director positions
shall take office at the conclusion of the ballot count.
Section 6. Recall of Regional Directors
Recall of a Regional Director requires written petition by a majority of the
members of that Region, delivered to the Board of Directors within 45 days from the date
of the first signature.
The Board of Directors will establish an election procedure. The Regional Director is
eligible to contest the election, and continues in office pending its outcome. For the
purposes of this provision, the size of the membership is determined by the number of
people paying dues in the month prior to the month of the petition.
No recall petition shall be acted on if it is delivered within six months of the end of
the Regional Director’s term.
Section 7. Duties of the Regional
Director
The Regional Director is the senior elected official in each region who advocates
for the membership and has the following duties:
(a) Uphold HSA policies;
(b) Attend Board of Director meetings;
(c) Chair or participate on HSA committees;
(d) Represent the members of their region at the HSA Board of Directors;
(e) Chair Regional Meetings;
(f) Perform duties as requested by the President; and
(g) Report to the members of their region
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Article 11 - Members at Large
Section 1. Duties of Members-At-Large
The
Regions will elect members who are willing to participate in standing and
special committees, as delegates to Regional Meetings, to Convention, and to the
BC Federation of Labour Convention.
Section 2. Term of Office
The term of office for Members-At-Large shall be
two (2) years and will commence upon completion of the annual convention following
the Regional Meeting where elections took place.
Section 3. Election of Members at Large
Nominees must have been a member of the union for at least one year immediately
prior to election. Regions
up to and including 1,999 members shall be entitled to 2 Members-at-Large and 1
alternate. Regions with more than 1,999 members
will be entitled to one additional Member-at-Large for each additional 1,000
members or portion thereof. A
region’s Member-at-Large entitlement is based on the number of members in that
region 60 days prior to the election.
A
region’s Member-at-Large entitlement remains the same for the balance of the
two-year term.
Odd-numbered
regions elect Members-at-Large at regional meetings within the 12-month
period prior to Convention held in
odd-numbered years.
Even-numbered
regions elect Members-at-Large at regional meetings within the 12-month period
prior to Convention held in even-numbered years. A region’s Members-at-Large must be elected from at least two different
hospitals/facilities.
Each region, at the time of election, will designate one of the above Members-At-Large
to the Resolutions Committee.
Section 4. Vacancies
(a) The Alternate Member-At-Large
will fill a vacancy for the remainder of the term.
(b) In the case of an unfilled vacancy, the vacant position shall be filled
at the next Regional Meeting.
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Article 12 - Stewards
Section 1. Representation
(a) There will be a minimum of one Steward per Chapter - the Chief Steward.
(b) Chapters with two and up to and including 49 members are entitled to two Stewards -
the Chief Steward and the Assistant Chief Steward.
(c) Individual facilities within a Chapter that have more than 49 members are entitled
to one additional Steward - General Steward -for each additional 25 members or portion
thereof.
(d) In addition to the provisions of (b) and (c), there will be a minimum of one
steward per site in a Chapter comprised of two or more sites.
(e) There will be a minimum of one Occupational Health and Safety Steward and
one alternate Occupational Health and Safety Steward per Chapter. In those Chapters
which have more than one site, there will be a minimum of one Occupational Health
and Safety Steward where practical, per site.
(f) Chapters may apply to the Board of Directors for consideration of increased steward
representation.
Section 2. Term of Office and Election
(a) The term of office is one year.
(b) A Chapter meeting for the purpose of electing Stewards shall be held annually.
Steward elections must be held prior to the deadline set by the Board of Directors.
Any member is eligible to stand for election.
(c) Meetings to elect Stewards shall be called with sufficient notice for members to
attend.
(d) The Chapter meeting shall also elect or determine the manner of election
where applicable of the Assistant Chief Steward(s).
(e) If a Chapter is left without any Steward because its stewards are unable
to complete the term of office, it may hold an emergency election to replace
the absent steward(s), and notify the HSA office of this change.
Section 3. Recall
(a) Recall of a Steward requires written petition by a majority of the members
of that Chapter, delivered to the Board of Directors within 45 days from the date of the
first signature.
(b) The Board of Directors will establish an election procedure. The Steward is
eligible to contest the election, and continues in office pending its outcome. For the
purposes of this provision, the size of the membership is determined by the number of
people paying dues in the month prior to the month of the petition.
(c) No recall petition shall be acted on if it is delivered within three months of the
end of the Steward’s term.
Section 4. Duties
1. Chief Stewards
(a) To call and preside over Chapter meetings as required.
(b) To attend the Annual Convention.
(c) To handle Chapter grievances and to assist other Chapter Stewards in handling
grievances.
(d) To be an advocate on behalf of the members to the employer.
(e) To keep members informed of Union affairs.
(f) To meet the new members in their Chapters and introduce them to the Union.
(g) To keep the assigned Union staff person informed on grievances and other
developments in the Chapter.
(h) To communicate any significant problems and developments to the Regional Director.
2. Assistant Chief Stewards
(a) To assist the Chief Steward in handling grievances.
(b) To perform the other functions of the Chief Steward as assigned in consultation
with Chief Steward or in the absence of the Chief Steward.
3. General Stewards
(a) To handle grievances and/or perform other duties as assigned in consultation
with the Chief or Assistant Chief Steward.
4. Occupational Health and Safety Stewards
(a) To represent members on the joint Occupational Health and Safety Committee
in the Chapter or worksite, as required.
(b) To be an advocate on behalf of members to the employer in health and
safety matters.
(c) To keep members informed on workplace health and safety matters.
(d) To communicate significant health and safety problems to the Chief Steward
and the Union staff person.
Section 5. Fair Representation
No Steward shall act in a manner that is arbitrary, discriminatory or in bad
faith in the representation of a member or the Union and its policies.
Section 6. Confidentiality
A Steward shall use appropriate discretion with respect to personal matters
involving members disclosed to them in the course of their duties, and shall maintain
appropriate confidentiality with respect to Union matters where disclosure may harm the
interest of the members.
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Article 13 - Committees
Section 1. Board of Directors Authority to Establish Committees
In addition to Standing Committees established by this Constitution, the Board
of Directors may establish Committees. Without limiting the generality of this authority,
the Board of Directors may establish an Education Committee, a Staff Relations Committee,
a Pension Committee, an Equality of Rights Committee and such other special committees as
the Board of Directors may from time to time deem advisable. Unless otherwise directed by
the Board of Directors, the role of special committees is advisory to Board of Directors.
Section 2. Standing Committees
1. Finance Committee
(a) The Committee is Chaired by the Secretary-Treasurer.
(b) The Committee is composed of the Secretary-Treasurer and two Regional Directors
elected by the Board of Directors. The Chairperson may appoint up to two members-at-large
to the Committee. The Board of Directors may assign staff to support the Committee.
(c) The Committee prepares a budget for the new fiscal year and recommends it to the
Board of Directors.
(d) The Committee makes fiscal policy which is subject to the approval of the Board of
Directors and monitors the implementation of approved policies.
(e) The Committee prepares in consultation with the Secretary-Treasurer, a financial
report for the Annual Convention.
2. Resolutions Committee
(a) The Committee is Chaired by the Vice-President.
(b) The Committee is composed of the Vice-President and ten other members elected on
the basis of one per Region at the previous Annual Convention.
(c) The Committee studies and makes recommendations to the Convention on all
resolutions.
(d) The Committee determines the order of dealing with all resolutions at Convention
subject to amendment by the delegates.
3. Trial Committee
(a) The Committee is composed of five members elected at Convention.
(b) The Committee elects its Chairperson. The Chairperson may appoint panels of the
Committee as needed which shall have all the authority and responsibility of the Committee
for a specific complaint.
(c) Vacancies will be filled by appointment from the general membership by the Board of
Directors.
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Article 14 - Negotiations
Section 1. Bargaining Proposals
(a) The Board of Directors shall establish the process for determining bargaining
proposals prior to the expiration of the collective agreements.
(b)
(i) The process for the collective agreement, which directly affects the
largest number of HSA members, shall be the Bargaining Proposal Conference.
(ii) The Bargaining Proposal Conference shall be made up of the Board of
Directors and elected delegates who are covered by the applicable collective
agreement together with other delegates as may be determined by the Board
of Directors.
(iii) Every region is entitled to two delegates. Regions are entitled to
an additional delegate for every 500 members, or greater portion thereof,
over 500.
(c) Representation in any process established by the Board of Directors for
determining bargaining proposals, other than the Bargaining Proposal Conference,
shall include, but may not be limited to, the participation of members directly
affected by the bargaining.
(d) Bargaining proposals may be submitted by any directly affected Chapter
or by the Board of Directors. Proposals must be voted on and approved by the
sponsoring Chapter and where there is no bargaining conference are subject to
the approval of the Board of Directors.
(e) Bargaining proposals must be submitted in a time and manner established
by the Board of Directors.
(f) In the case of contract re-openers where it is necessary to draw up contract
proposals but where the agreement is not expiring, the process established by
the Board of Directors shall provide for representation from each Region with
members directly affected by the re-opened contract, and ensure that the number
of Delegates from such Regions is not less than the number of Delegates from
the Board of Directors.
Section 2. Negotiating Committees
(a) The composition of any Negotiating Committee shall be as established by
the Board of Directors.
(b) When a Bargaining Proposal Conference is established, the Negotiating Committee
shall include representatives elected at the Conference.
(c) Negotiating Committees are subject to the direction of the Board of Directors.
(d) Negotiating Committees shall report to the President on a regular basis.
(e) The President may designate the chairperson and the spokesperson for the
Negotiating Committee.
(f) The Committee shall meet and formulate contract language proposals based
primarily on the recommendations of the Bargaining Proposal Conference, or where
there is not a Bargaining Proposal Conference, proposals are approved by the
Board of Directors.
Section 3. Ratification by
Membership
(a) Members shall be provided with a summary of negotiated changes prior to
voting on any proposed Collective Agreement.
(b) All Bargaining Committees shall make a recommendation to the Board of Directors
with respect to ratification. The Board of Directors shall make a recommendation
to the members preceding any ratification vote.
(c) All Members directly affected by the Collective Agreement are eligible
to vote. The proposed Collective Agreement shall be deemed accepted if a simple
majority of those actually voting accept it.
Section 4. Job Action
Any proposed job action requiring withdrawal of services provided by HSA members
will be submitted to the members who are affected, for a vote. However, in the
case of a picket line set up by another union concerning a collective bargaining
dispute, there will not be a vote.
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Article 15 - Complaints & Dispute Resolution
Section 1. Complaints
A member who has reasonable grounds to believe that another member has:
(a) Violated any provision of this Constitution;
(b) Revealed confidential information about the Union or the membership or
personal information about a member or members to anyone not entitled to such
information;
(c) Crossed a union picket line;
(d) Committed fraud or misrepresentation in connection with a Union election;
(e) Engaged in an activity or course of conduct which is detrimental to the welfare or
best interests of the Union;
May file a complaint against the member in accordance with the procedure set
out in this Article.
Section 2. Form of Complaint
All complaints must be set out in writing and delivered
to the Secretary-Treasurer of the Union. Complaints must contain the following
information:
(a) Name, address, telephone number and signature of person making the complaint;
(b) Member named in complaint;
(c) Facts which form the basis of the complaint;
(d) The portion of constitution which alleged to have been violated;
(e) Whether the person making the complaint has personal knowledge of the facts
and if not where the information is derived from.
Section 3. Time for Bringing Complaints
A complaint shall be delivered to the Secretary-Treasurer
not later than six months after the date on which the person making the complaint
knew or ought to have known of the action or circumstances giving rise to the
complaint.
Section 4. Notice of the Complaint
(a) The Secretary-Treasurer shall, as soon as practicable,
after receiving a complaint, notify the person who is the subject of the complaint
by mail, ensuring proof of delivery and provide that person with a copy of the
complaint received.
(b) The Secretary-Treasurer shall in the same notice require the person who
is the subject of the complaint to provide a written response to the complaint
which response may be limited to admitting or denying the complaint. Such response
shall be provided within fifteen working days of the complaint being mailed
to the member.
(c) If the Secretary Treasurer determines that the complaint relates to an
alleged violation of the Personal Information Protection Act, the matter is
referred to the Privacy Officer.
Section 5. Investigator
(a) When a complaint has been received the Secretary-Treasurer
shall ask the Board of Directors to appoint an Investigator who shall be a member
of the Union.
(b) That Investigator shall make a preliminary investigation of the complaint
and for this purpose may consider such evidence and facts which are considered
relevant.
(c) If the Investigator sees an opportunity for alternative dispute resolution,
then the Investigator shall recommend this action to the Secretary Treasurer.
(d) If the Investigator deems that the complaint is without merit, the complaint
is dismissed by the Secretary Treasurer and a report is provided to the Board
of Directors on the Investigator's findings.
Where the Investigator has determined that the complaint has sufficient merit
to proceed to trial in whole or in part, the Investigator will provide a report
through the Secretary Treasurer to the Board of Directors. The Board of Directors
will then direct the Chair of the Trial Committee to convene a Hearing Panel.
Section 6. Trial
(a) The Chairperson of the Trial Committee will
convene a Hearing Panel consisting of at least three members of the Trial Committee
to hear the charges.
(b) Members have the right to know the charges against them and to be provided
with the particulars of those charges.
(c) Members must be given reasonable notice of the charges prior to any hearing
and must be given reasonable notice of the hearing date.
(d) The Hearing Panel will determine its own procedures, and will hear and
receive evidence in accordance with the following principles:
(i) The hearing must be conducted in compliance with the intent and purpose
of this Constitution and within the framework of the Terms of Reference of
the Trials Committee;
(ii) The Hearing Panel shall call evidence; examine witnesses; receive presentations
from the charged members, members making the complaint, and other witnesses;
and receive documents and submissions;
(iii) The trial must be conducted in good faith and without bias;
(iv) The Hearing Panel is not bound by the strict rules of evidence. However,
any decision reached must be based on the actual evidence adduced and not
influenced by any matters outside the scope of the evidence;
(e) A charged member has the right to have a representative accompany them
to the Hearing;
(f) The Hearing Panel shall be provided with access to legal counsel.
Section 7. Decision
(a) Upon conclusion of the hearing the Hearing Panel shall, as soon as practicable,
publish a written decision and forward it to the Board of Directors, the member
who filed the complaint, and the member charged.
(b) Where the member has been found in breach of the Constitution, the Hearing
Panel shall decide the appropriate level of discipline considering all of the
circumstances. If appropriate the Hearing Panel may seek further submissions
from the parties before imposing any discipline. Discipline may include the
following:
(i) A written warning;
(ii) Removal from office or position in the Union;
(iii) A fine not in excess of $25,000;
(iv) Suspension or expulsion from Union membership.
Section 8. Expenses
(a) The Union will reimburse members and witnesses
for their reasonable transportation expenses and lost wages resulting from their
necessary attendance at the hearing.
(b) Should expenses be incurred as a result of processing a charge and the
process is not completed due to the member(s) bringing charges not participating
in the hearing, the Union may bill the member(s) to recoup the costs.
Section 9. Appeal
(a) The disciplined member has the right to appeal
any decision of the Hearing Panel to the next Convention. Any appeal must be
submitted in writing to the President within one month of mailing of the decision
of the Hearing Panel to the member's address on file with the Hearing Panel.
The appeal must contain the facts which form the basis for the appeal.
(b) In the case of a suspension or expulsion from Union membership, the penalty
will not be implemented in such a manner that it affects a member's employment
pending resolution of an appeal. The President shall determine a fair and appropriate
procedure.
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Article 16 Amendments to the Constitution
Section 1. Introduction of Amendments
This Constitution may be amended by the delegates at Convention. Any proposed
amendments may be introduced by the Board of Directors or Chapters as provided in Article
7 Section 4 of this Constitution.
Section 2. Amendment Procedure
Such amendments shall be effective only if the following procedure has been
complied with:
(a) The proposed amendments were mailed to the membership's last known home address at
least 30 days before any vote considering such amendments is to be held.
(b) Two-thirds of the eligible delegates voting on the proposed amendments are in
favour of the amendments.
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