BY - LAWS:

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA

LOCAL 456

ARTICLE 1- NAME AND JURISDICTION

Section 1:

This organization shall be known as the Communications, Energy and Paperworkers Union of Canada, Local 456 (hereinafter referred to as the Local).

Section 2:

This Local has been established and exists by virtue of the Charter issued to it by the Communications, Energy and Paperworkers Union of Canada (hereinafter referred to as the National Union)

Section 3:

The jurisdiction shall embrace all workers as defined in Exhibit "A of the Collective Agreement and other related industries or establishments as decided in conformity with the National Union Constitution under Article 3 01

ARTICLE 2- OBJECTIVES

Section 1:

The purpose and objectives of this Local is to provide democratic and effective control by its membership

Section 2:

The objectives and purpose of this Local shall be in conformity with those outlined in the National Union Constitution under Article 2

ARTICLE 3- MEETINGS

Section 1: Membership Meetings

The Local Membership meeting is the highest authority of the Local All officers, the Executive Board and all other committees of the Local are accountable to the membership of the Local and are subject to membership approval at Local meetings except as may be otherwise provided

Section 2: General Membership Meetings

The General Membership Meeting of the Local shall commence at 7:00 PM on the second Tuesday of every second month,commencing in January, or if a change of date or time is required for the meeting, notice of such change shall be posted no later than fourteen (14) days prior to the date of the General Membership Meeting.

Section 3: Executive Meetings

The Local Executive shall meet at 3:00 p.m. preceding the General Membership meeting of the Local or as deemed necessary

Section 4: Executive Board Meetings

Executive or Executive Board meetings may be called by the President or by a majority of the Executive

Section 5: Quorum

A quorum for the purpose of transacting any business by the Local shall consist of twenty (20) members present in person at any General Membership meeting including the Executive

Section 6: Special Membership Meetings

The President or majority of the executive may call for a Special Membership meeting. Notice of all Special Membership Meetings shall be posted on all Union Bulletin Boards. The notice shall include the date, time and place of the meeting and shall state the purpose for which the meeting is being called.

Section 7: Notice of Motions

All Notices of Motions as required under these by-laws shall be posted fourteen (14) days prior to the meeting dealing with the issue and be approved by seventy-five percent (75%) of the members present at this meeting

Section 8: Agenda

The order of business at the General Membership meeting shall be.

ARTICLE 4- MEMBERSHIP. INITIATION FEES AND DUES

Section 1:

Every member shall pay all applicable initiation fees, dues, assessments and fines as provided for in the National Union Constitution and these by-laws

Section 2: Initiation Fees - New Members

Initiation fees for new members shall be Fifteen Dollars ($15 00)

Section 3: Transfers and Withdrawals

1. Any member who is in good standing and has paid his or her dues for the month in which a transfer is requested, may transfer his or her membership to another local of the National Union. Upon application he or she shall receive a transfer card to the local to which he or she desires to be transferred in accordance with the conditions as set forth in Article 5.03 02 of the National Constitution.

2. Any member who is in good standing and has paid his or her dues for the month in which withdrawal is requested, may withdraw from membership upon leaving employment within the jurisdiction of the Local and shall receive a withdrawal card. Thereafter, the withdrawing member shall lose all rights and privileges of a member of this Local and National Union and shall be exempt from the payment of further dues and assessments. A member who has withdrawn may subsequently be re-instated without a break in his or her membership standing and without payment of an initiation fee if the withdrawal card in presented in accordance with Article 5 03 of the National Union Constitution

Section 4: Membership Dues

The monthly dues for members shall be based on the following two (2) criteria

1.     Payment of Per Capita to the National Union shall be in accordance with the Constitution of the National Union

2.    Payment of Local Union dues shall be calculated as per section 1 above, in accordance with Article 6, 
section 6.02.01.02 of the Constitution of the National Union.

3.    An additional dues increase of $20.00 per pay period, for 100 payments, will be collected and administered for a wage assessment fund.
This fund would only be used in the event of contractual job action.  Refer to the following guidelines as adopted by the membership.

4.    Any request for strike assistance, approved by the membership at a general or special membership meeting, shall be in the form of a dues increase.

Guidelines for By-law:
Article 4 Section 4: Membership Dues

The intent of this document is to provide policy and framework for the administration of the fund identified in the above by-law.  This document may
only be modified or amended by the membership with notice of motion at a regular or special meeting.

Purpose:
1.    The purpose of the by-law is to establish a fund that can be used by the membership to assist in either the payment of assessments or to supplement strike pay in the case of collective bargaining.
2.    The term "contractual job action" may include collective bargaining with our employer or the employer(s) of other CEP locals that are regarded as bargaining allies.
3.    Any disbursement of the fund must be approved by the membership in the form of a notice of motion at a regular or special meeting.

Policy:
1.    The local will collect dues for the fund from current and future members for eighty payments.
2.    At the time of disbursement of the fund, those members who for any reason (absence, term of employment, etc.) were not able to contribute fully ($1600.00 will be given a reasonable opportunity to do so. If it is impractical to do that, then the member may be required to either accept a prorated lesser amount in strike supplement or to pay a prorated amount in strike assessment, whichever the case may be.
3.    Any members who retires or resigns from the local, or leaves the local due to sickness or injury, will receive the entire amount of their contribution.
4.    Those persons identified as summer student employees will be exempt from paragraph 3 of article 4, section 4.

Investment:
       All moneys collected will be deposited into the Pacific Paper Industry Credit Union.

Responsibilities:
1.    The Financial Secretary will monitor all members deposits and will report quarterly on the status of the fund. 
2.    The Local Executive will have the responsibility and duty to answer all questions and inform the membership of the status of the fund.

Section 5: Initiation of New Members

All new members shall be required to present themselves for initiation and acceptance at a General Membership meeting within One Hundred and Twenty (120) calendar days of their first dues check off. There shall be no excuses accepted barring illness, holidays or continuous afternoon shift. Failure to attend will result in a fine of one hundred dollars ($100.00). Failure to attend a meeting within Two Hundred and Forty (240) days will require payment of a new initiation fee plus the initial fine of one hundred  dollars ($100.00). Further failure could result in suspension and will be dealt with under Article 17.01.02 of the National Union Constitution.

All new members shall subscribe to the Oath of Obligation as provided in Article 5.01.05 of the National Union Constitution before being seated as full members. At the close of the initiation Ceremonies the Trustee shall give each new member a copy of the Constitution and Local by-laws which he or she is expected to keep and read.

Section 6: Suspension of Membership Rights

Any member who shall refuse or neglect to remit his or her dues, fines or assessments for a period of sixty (60) days from their last remittance will be dealt with under Article 17.01 02 of the National Constitution.

Section 7: Dues Increase

Any motion which requires an increase in Union dues shall be considered by the Executive and voted on at a General Membership meeting

Notice of the vote shall be placed on Union Bulletin Boards fourteen (14) days preceding the regular General Membership meeting at which the issue shall be dealt with.

Section 9: Fines

Members who do not attend at least one (1) general membership meeting in a calendar year shall be assessed a ($50.00) fine.  The local will assess members immediately after the one (1) year delinquency.  all monies collected will be donated to charity.

ARTICLE 5- LOCAL OFFICERS AND EXECUTIVE BOARD

Section 1: Executive Officers

The officers of the Local shall be the President, First Vice President, Second Vice -President, Recording Secretary, Financial Secretary, Treasurer and Three (3) Trustees

In the first instance three (3) trustees shall be elected for a three, two and one year term respectively, thereafter one trustee shall be elected annually for a three (3) year term

All other officers shall be elected for a one- (1) year term

These officers shall constitute the Executive of the Local

Section 2: Term of Office

All officers shall hold office until their successors are elected and installed

Section 3: Vacancy of Executive Office

In the event the office of President becomes vacant, the First Vice President will assume the office of President for the remainder of the unexpired term and an election shall be held to fill the position of First Vice President

Whenever an elected position other than President becomes vacant for any cause, the President shall order an election to fill the vacancy at the next General Membership Meeting. Any officer or member may be nominated to fill such vacancy but it is necessary that the officer resign his or her previous office if elected.

If a vacancy occurs, the Executive may appoint an interim officer until a candidate has been elected

Section 4: Entitlement for Nomination for Executive Office

No member shall be entitled to hold office unless he or she has been a member in good standing for one (1) year prior to his or her nomination

Section 5: Nomination and Election of Executive Officers

Nomination for all other Executive positions shall be held at the September General Membership meeting, with election being held on the day of the November General Membership meeting.

Nominees must signify acceptance of nomination either in person or in written form to the Recording Secretary on or before the above noted membership meeting.

If any office is not filled by acclamation, an election will be held. Such election will be by secret ballot vote. Polls will be open from 6:00 AM to 6.00 PM at a location that will provide an opportunity for all members to vote. An Advance Poll will be held on the Friday preceding the Local General Membership meeting for those unable to vote in the poll on the day of the Membership meeting. The time and place of the Advance Poll will be posted fourteen (14) days prior to the vote

There shall be no proxy, write in or sticker voting

A locked ballot box shall be situated in the designated polling station. Each ballot shall be accounted for and one (1) ballot shall be issued to each member presenting himself or herself at the polling station

Section 6: Installation of Officers

Installation of officers shall take place at the December General Membership meeting prior to adjournment. Adjournment of this meeting will signal completion of term of office and all Union books, papers and property must be turned over to you^’re successor.

Section 7:Suspension from Office

Any officer who is absent from three (3) consecutive meeting without a reasonable excuse shall automatically be suspended from office and the Local shall proceed with an election of a successor

Section 8: Duties of the President

The President shall :

Preside at all meetings of the Local and its executive/executive board.

Have authorization for the co-signing of cheques of the local.

Appoint and be an ex-officio member of all Local committees unless so restricted by these by-laws.

Enforce the National constitution, Local By-laws, Union Rules and Regulations and uphold the terms and conditions of the collective agreement.

The President shall automatically be a delegate to any National Constitutional Convention or Western Region Conference which this Local is entitled to send delegates.   Other delegates will be selected in accordance with these by-laws.

Section 9: Duties of the First Vice President

The First Vice President shall :

Assist the President in the performance of his/her duties.

Perform the duties of chief Shop Steward and chair the Local Standing Committee.

Act for the President in his/her absence.

Have authorization for the co-signing of cheques of the Local.

The First Vice President shall automatically be a delegate to any National Constitutional Convention or Western Region Conference to which this Local is entitled to send delegates.  Other delegates will be selected in accordance with these by-laws.

Section 10: Duties of the Second Vice President

The Second Vice President shall :

Assist the President and First Vice President in the performance of his/her duties.

Conduct regular shop steward meetings.

Be responsible for determining the training needs of Shop Stewards for respective departments and trades and arrange, in consultation with the First Vice President and President, for the training required.

Be responsible for handling and investigating of members problems under Weekly Indemnity or Long Term Disability claims.

Section 11: Duties of Recording Secretary

The Recording Secretary shall :

Section 12: Duties of the Financial Secretary

The Financial Secretary shall :

Section 13: Duties of the Treasurer

The Treasurer shall :

Section 14: Duties of Trustees

The Trustees shall :

Section 15: Executive Board

The Executive Board shall be comprised of the Executive officers as defined under Section 1, members of the Standing Committee and the Past President.

The Past President shall act in an advisory capacity and will have voice but no vote on the issues before the Board.

Section 16: Executive

The Executive shall be the highest governing authority within the Local between meetings of the Local and shall exercise general supervision over its business and affairs. It shall have power, subject to approval of the Local and the provisions of the National Union Constitution, to invest the funds and properties of the Local, to authorize expenditures of the Local or the use of the property or securities of the Local as security therefore to buy, sell, exchange, rent, lease or otherwise acquire or dispose of real or personal property.

The Executive shall have such powers as are necessary and appropriate to give effect to the purposes of the Local It shall present a report of its activities to each meeting of the Local for its approval.

It shall be the duty of the Executive to cause the provisions of the National Union Constitution and the By-laws, rules and regulations of this Local to be faithfully executed and to preserve, promote and safeguard the best interests and general welfare of the Communication, Energy and Paperworkers Union, this Local and the members. The Executive may adopt such rules and regulations not in conflict with the National Union Constitution and these by-laws as it may deem necessary and advisable.

Section 17: Department Representatives

It shall be the duty of the Department Representatives, in cooperation with the First and/or Second Vice President, to ensure that there are Shop Stewards in all departments and where practicable, on all shifts.

ARTICLE 6- SALARIES AND EXPENSES

Section 1: Salaries

Section 2: Lost Time Wages - Union Business

Any member (s) required by the Local to carry out assignments or duties, which necessitate loss of wages, shall be paid the amount that he or she would have normally earned from their scheduled shift on that day (s)

All time off must be approved by two (2) of the three (3) following officer President, First Vice President, Second Vice President

Section 3 - Per Diem and Expenses

Members of the Local attending in town approved Conferences or Conventions shall receive a daily per diem of Forty Dollars ($40.00) and appropriate parking, travel by vehicle whereby a mileage fee in accordance with the national union constitution will be paid or transportation fees.  Members attending in town approved conferences or conventions that require lodging expenses to be incurred shall receive a daily per diem of Seventy Five dollars ($75.00) and standard hotel accommodation for the days lodging that is required.

Members of the Local attending approved Conferences or Conventions that require out-of- town travel and lodging expenses to be incurred shall receive a daily per diem of Seventy five dollars ($75.00), standard hotel accommodation, travel by economy return airfare or travel by vehicle whereby a mileage fee in accordance with the National Union Constitution will be paid, taxi fares (as required) to and from the airport at the point of destination and appropriate parking fees. The delegates traveling are responsible for retaining all expense receipts which must be submitted to the Treasurer for approval for reimbursement.

c) Seminars, Conferences and Conventions requiring approved registration fees shall be paid by the Local.

d) To be eligible as a delegate to Conferences and Conventions, a member must have attended a minimum of three (3) General Membership Meetings in the twelve (12) months immediately prior to the election of delegates being held.

e) Two delegates to the C E P Regional and National conventions and conferences shall be the President and 1St vice-president of the Local The President or in his/her absence, the 1st vice-president shall be the chairperson of the delegation.

Election of other delegates to Conferences and Conventions shall be held at General Membership meetings Delegates receiving the highest number of votes shall be declared elected Alternate delegate(s) shall be the unsuccessful member(s) receiving the highest number of votes.

ARTICLE 7- COMMITTEES

Section 1 General Committees

Section 3: Bargaining Committee

The Bargaining Committee shall consist of the President, First Vice President and three (3) Wage Delegates.

Wage Delegates will be nominated at January's General Membership meeting with mill wide elections being held in March.  Wage delegates term of office shall be from May 1 to April 30.

The Bargaining Committee shall automatically be delegates to any wage caucus conference.

Following the completion of negotiations a meeting of the Bargaining Committee and Standing Committee shall be convened for the purpose of explaining all changes in the collective agreement.  The Standing Committee shall then represent the Local in all negotiations pertaining to or arising from changes in the collective agreement until next negotiations.

ARTICLE 8- ASSESSMENTS

Section I: Death Assessments

a) Purpose:

To assist in relieving the burden on a member or member’s family caused by any of the deaths listed in this section.

b) Application:

Beneficiaries are required to obtain a Death Assessment Application from the Financial Secretary and return the completed form  within thirty (30) days of any such death.   A copy will be retained in the Local's records.                

c) Coverage

d) Wreaths

Upon the death of a member the Local or a member of his/ her family, the President or Financial Secretary shall have the authority to purchase a  wreath.  In all other cases the President shall have the discretion of sending a wreath.

Section 2: Retirement Fund Assessment

a) Purpose :

To ensure every member who from the Local will be treated equally and with respect and dignity.

b) Assessment:

Upon notice of retirement each member of the Local will be assessed Two Dollars ($2 00) per retiree.

C) Administrative Procedure

The Executive will develop an administrative policy and such policy shall be approved by the membership at  a General Membership meeting.        

Section 3: Assessment - Notice of Motion

Any motion that requires and assessment of more than Ten Dollars ($10.00) or an assessment of any amount for more than one (1) pay period must be presented to the Recording Secretary in writing and must be in the form of a Notice of Motion, which will be presented at the next General Membership meeting following receipt of the Notice of Motion, and be approved by seventy-five (75%) percent of those present at the General Membership meeting or Special Membership meeting called for that sole purpose.

The Notice of Motion must be posted on the Notice Board fourteen (14) days prior to the General Membership meeting at which the motion will be voted upon.

ARTICLE 9- CHARGES. TRIALS AND APPEALS

Section 1: National Union Constitution

Charges against a member, Appeals of Decisions and Trials shall be carried out in accordance with Article 17 of the National Union Constitution.

Every member shall be entitled to a just and impartial trial for any offense with which they may be charged.

Section 2: Structure of Tribunal

The President shall select a three (3) member Tribunal as required The Tribunal shall be comprised of members who shall investigate the charges or appeals and determine their merit as provided under Article 17.

ARTICLE 10- CONSTITUTION OF THE COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION

All the terms and provisions of the Constitution of the National Union shall be deemed a part of these by-laws. In the event of a conflict between these by-laws and the provisions of the Constitution, the Constitution shall prevail.

The Local has no power to enter into any contract or incur any liability binding upon the National Union without written consent of the President of the National Union and the approval of the National Executive Board.

The National Union shall not be liable under any contract or any acts of the Local, its’ officers or members, unless they have been authorized in writing to enter into such contracts or perform such acts.

ARTICLE 11- BY-LAWS - ADOPTION AND AMENDMENTS

Section 1: Ratification and Approval

These by-laws shall become effective when ratified by seventy-five (75%) percent of the members present at a General Membership meeting and approved by the National President.

Section 2: Modification. Amendment or Repealing of By-Laws

Any provision of these by-laws may be modified, amended or repealed or new by-laws adopted by the affirmative vote of seventy-five (75%) percent of the members voting on the question at a General Membership meeting or a Special Membership meeting called for that purpose.

However, the proposed change must be in the form of a Notice of Motion as provided for in Article 2 Section 3 of these by-laws and further provided that if an amendment shall alter the amount of the Initiation Fee or Dues as fixed in Article 4 of these by-laws, the vote must be conducted in accordance with Article 4 - Section 7 of these by-laws. The Local has no power or authority to modify, amend or repeal any of the terms and provisions of the Constitution of the National Union.

Section 3: Notices of Motion

Notices of Motion must be presented in written form at any Regular General Membership meeting and duly moved and seconded There shall be no debate on the motion at this meeting The motion will be brought forward at the next General Membership meeting for debate and voting by seventy-five (75%) percent of the membership present at that meeting.

ARTICLE 12- PICKET DUTY

A member shall perform picketing duties as requested by the Local Executive or as requested by any committee appointed by the Local Executive and authorized to establish picketing schedules for the Local Union members. It is a violation of these by-laws to fail, without reasonable excuse, to perform picketing duties as assigned.

ARTICLE 13- GENERAL

Section 1: Rules of Order

This Local shall abide by Robert’s Rules of Order.

Section 2; Local Union Business

All discussions and business of the Local shall not be divulged or made known to non-members.

Section 3 : Donation Requests

All requests for donations must be made in writing and presented to the Recording Secretary at least seven (7) days prior to the Executive meeting.

Section 4: Strike and Ratification Votes

All strike votes shall be conducted in accordance with Article 16 of the National Union Constitution and Strike Policy of the National Union.

All ratification votes shall be conducted at well advertised membership meetings Ratification shall be by secret ballot vote and shall be accepted or rejected by a simple majority of those attending the meetings.

Section 5: Destroying of Ballots

All ballots will be held for seven (7) days following the regular or special Membership meeting where the voting results are given.

Section 6: Media Releases

Only the President or his/her designate are to be authorized to give information to the media concerning Union affairs.

Section 7: Third Step Grievance Meetings

Third Step Grievance meetings shall be handled by the President or his designate (A member of the Standing Committee or an Executive Officer may also be used during the third step grievance process.)

Section 8: Executive Officer to Salaried Position

Any member who applies for a salaried position at Scott Paper must resign their Committee or Executive position immediately.

Section 9: Company Sponsored Travel

Any member asked to travel or accompany salaried staff on any training, benchmark, site visit or any other company sponsored trips, must seek approval from either the President, 1st Vice President, or in their absence the 2nd Vice President of the local before embarking on any such company sponsored trip.
Failure to comply with the above section will result in the individual involved becoming a member not in good standing and which may result in charges being laid against any such member under:
Article 17 - charges, trails and appeals of the CEP National Constitution.

Section 10 : Harassment

The members of the Local shall abide and be governed by the Harassment Policy of the National Union.

Section 11: Departmental Policy Votes

All departmental policy votes will be by secret ballot vote and shall require approval by 66 2/3 % of all posted members in the department.  Posted members off for medical reasons may be excluded from the vote.  Each ballot shall be accounted for and one (1) ballot shall be issued to each member presenting  themselves.

OATH OF MEMBERSHIP

Section 1.

All newly elected members, before being admitted to full membership, shall subscribe to the following obligation:

I, (give name), pledge my honor to faithfully observe the Constitution and Laws of the Union To comply with all the rules and regulations for the government thereof,, not to divulge or make known any private proceedings of this Union; to faithfully perform all the duties assigned to me to the best of my ability and skill, that I will not wrong a member or see him or her wronged, if in my power to prevent, to conduct myself at all times as not to bring reproach upon my Union, and all times to bear true and faithful allegiance to the Communication, Energy, and Paperworkers Union of Canada, C.L.C.