YEU Bylaws

YUKON EMPLOYEES UNION Component of the

PUBLIC SERVICE ALLIANCE OF CANADA

BY-LAWS

Updated Dec 1, 2014

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TABLE OF CONTENTS

By-Law

Page

1.

Name and Headquarters of Union

3

2.

Aims and Objects

3

3.

Membership

4

4.

Membership Responsibility

5

5.

Membership Dues

6

6.

Executive

7.

Form of Organization

11

8.

Duties of Officers

13

9.

Election of Officers

23

10.

Triennial Convention

27

11.

Finances

31

12.

Discipline

32

13.

Area Councils

35

14.

General

35

15.

Oath of Office

38

.

2

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BY-LAW 1

NAME

Section 1 This Component of the Public Service Alliance of Canada shall be known as the Yukon Employees Union.

Section 2 This Union shall have its headquarters in Whitehorse, Yukon Territory.

BY-LAW 2

AIMS AND OBJECTIVES

Section 1 To unite all members of the Alliance over which this Union has jurisdiction into a single union capable of acting on their behalf.

Section 2 To support fully the Public Service Alliance of Canada in the furtherance of its constitutional responsibility for the improvement and protection of wages, working conditions, salaries and other terms of employment of all Alliance members.

Section 3 To obtain through democratic means for all members the best possible standards of wages, salaries and other conditions of employment, and to protect the interests, rights and privileges of all such employees.

Section 4 To subscribe unconditionally to the aims and objects outlined in the Constitution of the Public Service Alliance of Canada.

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BY-LAW 3 Section 1

MEMBERSHIP Regular Membership

All employees except those employed in a managerial or confidential capacity who have been assigned to this Union by the Alliance in accordance with the constitution shall be eligible for membership in this Union.

Section 2

Associate Membership (Employees)

Any employee of this Union or any Local thereof, who is not also a dues paying member of this Union by virtue of membership prior to election or appointment to full-time office, may in accordance with Section 4, Sub-Section (6) of the PSAC Constitution, be granted an Associate Membership in this Union and be issued by the National President with a card which certifies the holder to be an Associate Member.

Section 3

Honorary Membership

Through application by a Local to the National President of the Alliance, with the approval of the Executive of the Union, a member who has retired or otherwise ceased employment within the jurisdiction of the Union shall be granted an honorary membership in the Alliance.

Section 4

Life Membership

A life membership may be awarded upon recommendation of the Executive to any member who, through personal and devoted efforts in the affairs of this Component, has performed exemplary services for the membership, provided, however, that there shall not be more than ten (10) such life memberships at one time.

Section 5

Dues

Sub-Section A All members except those mentioned in Sections 1, 3 and 4 shall be required to pay dues.

Sub-Section B ALLIANCE: The amount of monthly dues payable shall be determined by the Alliance Triennial National Convention.

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Sub-Section C YEU: The Component Convention shall determine the amount of monthly dues payable. Dues approved by the Component Convention to be remitted to a Local shall be transferred to the Local normally monthly but in any event, at least quarterly.

Sub-Section D LOCAL: An amount of monthly dues payable in addition to Component remittance may be determined by a Local if authorized by a two-thirds majority vote of the membership in attendance at an annual general meeting or at a special meeting called for that purpose. Notice with rationale and an approved budget shall be submitted to the YEU Convention for information. Locals of 200 members or less may apply for dues of $1.00 per member per month upon application with rationale and a budget to the YEU Executive Section 6

Membership Cards

With the exception of those memberships provided by Sections 2, 3 and 4, all members shall be issued with an identification card as approved by the National Board of Directors of the Public Service Alliance of Canada, as evidence of their membership in this Union and the Public Service Alliance of Canada.

Sub-Section A With the concurrence of the PSAC, the Component may alternatively and/or additionally provide members with a Component identification card that includes their PSAC membership number.

BY-LAW 4

MEMBERSHIP RESPONSIBILITY

Section 1 Upon being granted membership in the Public Service Alliance of Canada and this Union and for the term of such membership, each member of this Union is deemed to have agreed to abide by and to be bound by the provisions of these By-Laws and the Constitution of the Public Service Alliance of Canada.

Section 2 Upon being granted membership in the Public Service Alliance of Canada and this

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Union and for the term of such membership, each member of this Union is deemed to nominate, constitute and appoint this Union and the Public Service Alliance of Canada as his/her agents to negotiate with his/her employer on his/her behalf in the spheres of competence of this Union and the Public Service Alliance of Canada respectively.

Section 3 Upon being granted membership in the Public Service Alliance of Canada and this Union and for the term of such membership, each member of this Union is deemed to nominate, constitute and appoint the Public Service Alliance of Canada as his/her agent for the purpose of entering into collective bargaining with his/her employer under collective bargaining procedures established by law for collective bargaining in the Public Service of Canada and the Public Service Alliance of Canada shall have the power, through its duly appointed agents after ratification by the membership, to sign agreements reached through collective bargaining.

BY-LAW 5

MEMBERSHIP DUES

Section 1 Sub-Section A Membership dues to this Union and Union Locals shall be determined by Triennial Convention, with the portion for each Local rebated by this Union which shall not be less than .50 cents per member per month.

Locals of 200 members or less will receive $1.00 per member per month.

Locals over 201 to 400 members shall receive .50 cents per member per month.

Any Local with over 200 members may apply to the YEU Executive for the $1.00 per member per month rebate. Such application must be accompanied by rationale and a budget and will be approved at the discretion of the YEU Executive.�

Sub-Section B A Local may have an additional amount of dues deducted if authorized by two-thirds majority vote of the membership in attendance at an annual meeting or at a special meeting called for that purpose. Such additional dues shall be collected by the Union in the manner prescribed by these By-Laws and rebated to the Local.

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Section 2 Members and deductees of this Union shall also be required to pay the dues established by Sub-Sections (1) and (2) of Section 21 of the Constitution of the Public Service Alliance of Canada.

Section 3 Where payroll deduction has been authorized by and paid on behalf of a member or deductee, the per capita rebate on behalf of such member shall be due and payable at least quarterly to the Local concerned.

Such remittance may be withheld by the Component in the event that a local does not have an approved budget in place. All remittances withheld shall become payable upon budget approval.

Section 4 All dues to this Union shall be paid in the manner prescribed by Section 20 of the Constitution of the Public Service Alliance of Canada.

BY-LAW 6

EXECUTIVE

Section 1 Sub-Section A. The Executive of this Union shall be composed of: The President One First Vice-President One Second Vice-President One Secretary One Treasurer Six (6) Directors One (1) Youth Director One (1) Equal Opportunities Director

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Sub-Section B The Executive Committee shall be composed of: The President The First Vice-President The Second Vice-President The Secretary The Treasurer Sub-Section C In addition to the above positions, in the event of the election of a new President, a non-voting position of Past President will be established for a period of up to 90 days following Convention, for the purpose of providing transition and training for the new President.

Section 2 The President, the First Vice-President, the Secretary, the Treasurer and the six Directors shall be nominated and elected at each regular Triennial Convention of the Union by voting delegates in attendance at such Convention.

Section 3 Sub-Section A The Second Vice-President shall be nominated and elected from among the Triennial Convention delegates residing outside the Whitehorse area.

Sub-Section B The Youth Director shall be nominated and elected from among the youth delegates at Triennial Convention.

Sub-Section C The Equity/Human Rights Director shall be nominated and elected from among the EOC caucus at Triennial Convention.

Section 4 All members of the Executive shall be members in good standing of this Union.

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Section 5 Sub-Section A The Executive shall hold meetings at least once bi-monthly at the call of the President or at any other time if requested by three or more members of the Executive.

Sub-Section B A quorum shall consist of five (5) members of the Executive, except when two or more vacancies exist on the Executive, and then a quorum shall consist of four (4) members of the Executive.

Sub-Section C The Executive Committee shall hold meetings at the call of the President or upon request of any two (2) members of the Committee.

Sub-Section D A quorum of the Executive Committee shall consist of three (3) of the five (5) members.

Sub-Section E Should any Executive member fail to answer the roll call of officers for three (3) consecutive regular Executive meetings without having submitted good reason for those failures, their office shall be declared vacant and the vacancy shall be filled by election in accordance with these By-Laws.

Section 6 Between conventions all Executive powers of this Union, consistent with these ByLaws, shall be vested in the Executive.

Section 7 The Executive shall provide annually to the National President of the Alliance a detailed audited statement of receipts and expenditures.

Section 8 The Executive shall have the power to make such regulations as are necessary for the proper conduct of the business of this Union, provided such regulations do not conflict with the provisions of these By-Laws. Such regulations shall be promulgated within 60 days of their adoption and shall be subsequently ratified by a Convention of this Union.

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Section 9 The Executive shall have the authority to hire or dismiss employees of this Union.

Section 10 Actions by the Executive on behalf of this Union may be subject to review at Triennial Convention.

Section 11 The Executive shall be considered as being in business session throughout the period of the Convention and its elected members shall have all rights and privileges due to Convention delegates.

Section 12 The Executive shall submit a year-to-date budget for the ensuing three-year period for approval to each Triennial Convention.

Section 13 The Executive shall have the authority to establish any committee necessary for the conduct of the affairs of this Union. The President shall be an ex-officio member of any committee so formed.

Section 14 An elected officer of the Public Service Alliance of Canada, who is a member of the Alliance Executive committee as appointed by the President of the Public Service Alliance of Canada, shall have the right to attend all meetings of the Executive and the Conventions of this Union, with voice but no vote.

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BY-LAW 7

FORM OF ORGANIZATION

Section 1 This Union of the Public Service Alliance of Canada shall be composed of groups of members hereinafter referred to as Locals.

Section 2 Should a Local dissolve or be suspended, all documents, property and funds shall be returned to the care and safe keeping of the President to be placed in trust by the Executive until such time as the Local may be reinstated or reorganized or, in the absence of the latter, used for organizational purposes as the Executive may direct.

Section 3 Sub-Section A Locals may be organized on a geographical or occupational basis.

Sub-Section B Locals may be established by the Executive upon the request of 25% of the members of a geographical location or occupational unit.

Sub-Section C Locals may be established following a referendum vote of the members concerned and approved by a simple majority.

Sub-Section D To be considered pursuant to the above a proposed Local must normally have 50 or more members of the same employer.

Sub-Section E Notwithstanding Sub-Section 4, the executive may authorize the establishment of a Local of less than 50 members.

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Section 4 Sub-Section A Locals may, with the approval of the Executive, designate one of the elected officers as a full-time officer of the Local and may employ a person or persons to assist in carrying out the work of the Local. However, any financial undertaking shall be the sole and exclusive responsibility of the Local.

Sub-Section B Locals may, with the approval of the Executive, acquire such space and facilities as may be necessary for the conduct of the affairs of the Local. However, any financial undertaking shall be the sole and exclusive responsibility of the Local.

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BY-LAW 8

DUTIES OF OFFICERS

Section 1 The President shall: Sub-Section A Represent this Union on the National Board of Directors of the Public Service Alliance of Canada as required by Sub-Section (1) of Section 10 of the Constitution of the Public Service Alliance of Canada; Sub-Section B Preside at all meetings of the Executive; Sub-Section C Preside at all sessions of the Triennial Convention; Sub-Section D Interpret the By-Laws of this Union for the administration and management of the Union, subject to the approval of the Executive; Sub-Section E Ensure that the Executive carries out the directives and policies established by the Triennial Conventions of the Public Service Alliance of Canada and this Union, in accordance with the authorities of each as provided by Constitution and By-Laws; Sub-Section F Call a meeting of the Executive/Executive Committee as per By-Law 6; Sub-Section G Report on his/her activities in writing to meetings of the Executive; Sub-Section H Submit to each Triennial Convention a written report on the financial and membership state of this Union; Sub-Section I Report in writing to the Triennial Convention on the activities of the Executive and such other committees over which he/she may have presided;

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Sub-Section J Submit in writing to the Triennial Convention such recommendations as the Executive deems necessary for the continuing prosecution of the aims and objects of this Union and the Public Service Alliance of Canada; Sub-Section K Keep an accurate account of proceedings of meetings of the Executives and, following the close of each of each Triennial Convention, prepare and circulate to all Locals a report of the business transacted; Sub-Section L Be responsible for the management, control and allocation of staff at the Headquarters office of this Union; Sub-Section M Visit each Region of the organization at least once annually; Sub-Section N Carry out such other delegated duties as may be decided by the Executive of this Union within the terms of these By-Laws; Sub-Section O Sign all official documents; Sub-Section P Research, development, and preparation of YEU position reports to the Executive and Convention.

Sub-Section Q Designate individual Executive Officers to be the primary contact person for each Local of the Component and communicate to Local Executives the relevant officers’ names and contact information.

Section 2 Sub-Section A The First Vice-President shall: Perform the duties of the president in case of absence or on the resignation of that officer and report on his/her activities in writing to meetings of the Executive including but not limited to his/her/activities as chair or co-chair of any committee of the executive.

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Sub-Section B The First and Second Vice-Presidents shall: (i) (ii) (iii)

(iv)

(v)

attend all meetings of the Executive attend all sessions of the Triennial Convention report on his/her activities in writing to meetings of the Executive including but not limited to his/her/activities as chair or co-chair of any committee of the executive file a report of their activities and recommendations during their tenure to the Executive six months prior to Triennial Conventions, and as deemed necessary by the President; and perform such other Union duties as may be assigned to them by the President.

Sub-Section C The Secretary shall: (i) be responsible to the Executive for all correspondence and all official documents of this Union; (ii) be responsible for ensuring that minutes of all meetings of the Executive are compiled and retained, (iii) report on his/her activities in writing to meetings of the Executive including but not limited to his/her/activities as chair or co-chair of any committee of the executive, and (iv) Perform such duties as may be required by the Executive.

Sub-Section D The Treasurer shall: (i) be responsible to the Executive for all finances of this Union; (ii) be responsible for ensuring that all monies payable to this Union are collected, deposited in a chartered financial institute to the credit of this Union and that proper records are kept of all transactions; (iii) be responsible for ensuring that all funds payable by the Union in settlement of its debts are properly disbursed; (iv) be responsible for ensuring that a detailed audited statement of receipts and expenditures is provided

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(v)

(vi)

annually to the National President of the Alliance, report on his/her activities in writing to meetings of the Executive including but not limited to his/her/activities as chair or co-chair of any committee of the executive, and Perform such duties as may be required by the Executive.

Section 3 The Directors shall: (i) (ii) (iii)

(iv)

(v)

Attend meetings of the Executive as required; Attend Committee meetings of the Executive when appointed to do so; report on their activities in writing to meetings of the Executive including but not limited to any activities as chair or co-chair of any committee of the executive File a report of their activities and recommendations during their tenure six (6) months prior to the Triennial Convention; and Perform such duties as may be required by the Executive.

Section 4 The standing committees of the Executive shall:

Administration and Personnel Committee: This committee is comprised the YEU Component President as chair and up to three (3) additional members.

Purpose To coordinate the Administration and Personnel processes with the YEU Component.

Activities Administration:  to develop an overall strategy for the administration of the YEU component offices and staff

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 to develop administrative policies for YEU Executive Committee approval  to direct the establishment of administrative procedures which implement approved policy  to authorize the purchase of equipment and other assets over $1,000 in value  to authorize expenditures on computer services, office space rental, professional fees, etc.  to monitor the administration budget and recommend budget revisions to 3 months prior to convention  to develop and submit convention resolutions regarding administration matters, within the timeframes required by our bylaws.

Personnel:  to develop and overall strategy regarding personnel for the YEU component offices and staff  to propose resource allocation/service delivery changes for YEU Executive Committee approval  to develop personnel policies for YEU Executive approval  to direct the establishment of personnel procedures which implement approved policy  to recruit new employees  to recommend staff training and development opportunities to the Education Committee  to appoint those members necessary to represent management on the negotiating team during negotiations with YEU component staff  to act as a grievance officer as required in the event of an employee grievance  to monitor the personnel budget and recommend budget revisions to convention, within the timeframes required by our bylaws  to develop and submit convention resolutions regarding personnel matters, within the timeframes required by our bylaws  to develop and submit convention resolutions regarding the full-time YEU component President’s position, within the timeframes required by our bylaws  to respond to concerns related to the YEU component President’s position, without interfering with the authority of the position, develop policies and procedures and report to the YEU component Executive Committee as required.

Accountability:  ensuring YEU Executive Committee directions and policies are implemented  monthly written reports to YEU component Executive  quarterly newsletter updates to membership on personnel changes  annual meetings with staff members individually and as a group  tri-annual convention report

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 ensuring that Executive direction is followed  to the YEU executive for budget expenditures Building Committee Membership: This committee will be made up of a YEU Executive Member Chairperson and one or two other YEU members. These people would preferably, but not necessarily, be members with some technical expertise in the structure and maintenance of buildings. The committee reports directly to the Board of Directors of the YEU Building Association, which is the YEU Executive.

Purpose: To monitor, protect and preserve any property and buildings belonging to YEU Building Association.

Activities:  to advise the executive on any technical aspects of maintenance and/or renovations being done on YEU properties  to oversee ongoing maintenance contracts such as fuel oil supply, custodial services, boiler and air conditioning maintenance, snow removal, waste management, and security systems, and tenants  securing suitable tenants - liaising and negotiation with them to ensure a mutually satisfactory relationship  ensure that a Triennial General Meeting, prior to YEU’s Triennial meeting is scheduled, announced and conveyed for the YEU Building Association  ensure that all audited statements are provided to the Department of Justice, Corporate Affairs - also that any changes to the Board of Directors are communicated to them.  develop policy regarding the purchasing of union produced materials and the use of union contractors - such policy to be reviewed triennially  ensure, in consultation with the YEU Treasurer, that financial reports for the YEU Building Association be tabled at every YEU Executive meeting.  maintain adequate insurance  establish and maintain an inventory.

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Accountability:  report monthly, in writing, the activities of the Building Committee  undertake an annual audit of our holdings and provide projections for any capital expenditures.

Education Committee Membership: This committee will be made up of a YEU Executive Member Chairperson and one or two other YEU members.

Purpose: To oversee the provision of educational opportunities to YEU executive and members, thereby enhancing the union’s ability to be an effective, efficient and responsive organization in the Yukon Activities:  act as a liaison between YEU, PSAC, the Alliance Facilitator Network (AFN) and, from time to time, within the YEU  solicit input form YEU executive on training priorities at annual Executive retreat (February/March)  conduct needs assessments on an annual basis to determine relevant membership training (March)  monitor the education budget and provide budgetary recommendations to the Administration & Personnel Committee at least 3 months prior to convention (June)  make members aware of training that is available to them (monthly)  develop selection criteria for educational decisions based on input from the executive, i.e. Winter School  elicit requests for training to address individual/local needs, i.e. labour courses through Athabasca, individual local training (ongoing)  evaluate training effectiveness and make recommendation for future training/participation(ongoing)  allocate part of the budget for materials and review requests for materials that will be added to the AFN resource library, i.e. AFN, Regional Women’s Committee, other committees (March)  provide resolutions regarding education to the Constitution and Bylaw Committee no later than four months prior to convention (May)

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 ensure that comprehensive files are maintained which identify course participation by local, member, office - review files annually as follow-up to activities of trained members.

Accountability:  report monthly in writing the activities of the Education Committee.

Procedures: Selection Criteria for CLC Winter School:  did not attend the previous year  gender parity  community representation  balance of activists with new reps  balance of new locals with Y010  training needs/priorities Additional recommendations:  the Education Committee will request input on the types of courses that should be highlighted in the selection process on or before the October meeting  the PSAC in-residence application form will be used in order to gather more information regarding equity status and recent in-residence training. As a result of gathering this information, an effort will be made to reflect equity representation in the selection process and recent attendance at a PSAC inresidence course will be considered during the selection process  the application must be signed by a local officer, preferably the President, or Vice-President of the local, or the application will not be accepted  a letter, audio tape (or some other format) indicating the potential value of the course and how the information will be shared must accompany the application  report must be provided following, providing a critique of the course and a plan of action about how the course will be used. (as per past policy - 1996). Travel advances will be provided, but travel claims will not be reimbursed until the report is received.

Equity Committee

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Membership: This committee will be chaired by a YEU Executive member, with 2-6 members from the different locals of YEU. These people would be members interested and involved in human rights and equity issues. Preference will be given to members from equity groups.

Purpose:  to promote, monitor and assist in union action around women’s and human rights issues  to recommend to YEU, actions that would encourage the participation of equity groups in all union activities  to provide a liaison with the Regional Women’s Committee in identifying issues and coordinating activities to promote the advancement of women  responsible for appointment of EO committee member (PSAC) Activities:  identify practices and policies in YEU and in our union workplaces that are discriminatory and to recommend policies, programs or actions that will end and redress discrimination  provide feedback to the YEU executive on proposed policies or collective agreement articles or other issues which affect equity groups  submit newsletter articles and propose educational activities re: human rights and equity issues  encourage the participation of under-represented groups within all levels of the union structure by actively recruiting members and informing them of the appropriate training  review collective agreements of YEU locals and recommend articles which are supportive of equity and human rights issues, i.e. harassment policy, employment equity programs, etc. and provide recommendations to the Bargaining Committee.  convene regular meetings of the Committee (monthly if feasible)  set criteria for selection of member to PSAC EO committee  pay equity review

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Accountability:  the YEU executive member would serve as the liaison with the committee and would be required to report monthly on the activities  any human rights or equity issue involving YEU members would be brought to the committee by the YEU executive member for consultation  the committee would be given a budget for meeting expenses, printing and phone costs

Public Relations Committee Membership: This committee will be chaired by a YEU Executive member chairperson and one or two other YEU members.

Purpose: To assist the people of the Yukon; to promote the union in the community for the good of the union, labour movement and the Yukon overall.

Activities:       

set guidelines for donations use media to get positive press assesses the requests for donations reviews community needs for monies and assistance flowers/gifts to members donations re: member hardship newsletter

Guidelines: Gifts for active component members:  $40 maximum for flowers or gifts  flowers to be sent to a member who is in the hospital for 3 days or more, death in the family, birth of a child or adoption of a child  gift for active component member who is resigning or being transferred  a gift for a member who does an outstanding deed for the good of our members as determined by the component executive committee

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 a monetary donation up to a maximum of $500 for a member who is in crisis, i.e. fire, flood, theft, etc.  review regular awards, i.e. honors and awards (PSAC) Donations from Yukon Employees Union to the community:  must be for the overall benefit of the Yukon  must be within the fundamental principles of the union  not to be politically motivated Donations to other unions:  donations to other labour organizations during times of strike actions or other hardships as determined by the component executive committee  other labour group activities Bursary Committee (a sub-committee of the Public Relations Committee):  sets up guidelines for Bursary awards  advertises for the post-secondary school Bursary awards  reviews all applications  notify all successful and unsuccessful applicants  puts notice in the newspapers of the Bursary winners  reviews service awards Accountability: Report monthly in writing the activities of the Public Relations Committee.

Section 5 All officers and employees of this Union shall deal promptly and appropriately with matters submitted to them by the membership or by the Executive.

Section 6 On vacating the respective positions which they may hold, all officers of this Union shall deliver to their successors all documents, monies or other property of this Union.

BY-LAW 9

ELECTION OF OFFICERS

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Section 1 All elections shall be by secret ballot and decided by simple majority.

Section 2 All nominees for Executive office must be voting delegates to the Triennial Convention.

Section 3 In the event of more than two candidates for office, the candidate receiving the fewest number of votes shall be dropped from the ballot whenever a clear majority of the votes cast is not accorded any candidate. This procedure shall continue on each succeeding ballot for the position until a candidate receives the necessary majority.

Section 4 All officers of this Union shall take office at the end of the meeting or convention at which they are elected.

Section 5 The oath of office shall be administered to all officers immediately before taking office.

Section 6 The election of the President, the First Vice-President the Secretary and the Treasurer shall proceed in that order.

The Second Vice-President will be elected by delegates from outside the Whitehorse area and the name of the Second Vice-President chosen by those delegates shall be placed in nomination for ratification by the Triennial convention following the election of the Secretary and the Treasurer.

Where, after three (3) votes no candidate has received a majority vote for the position of Second Vice-President by delegates from outside the Whitehorse area the election shall be carried out by the delegates to the Triennial Convention.

At the same time the delegates are in caucus to vote for the second Vice-President,

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delegates who identify with the Equity/Human Rights and Young Workers caucuses shall also hold elections for their respective Directors.

Nominations will then be called to fill the six (6) Directors positions with the delegates receiving the six (6) highest numbers of votes being elected to the position of Director.

Section 7 The nominator of a candidate for office, or in his/her stead the seconder of the nominator and the nominee may each be permitted to speak for not more than a combined total of three (3) minutes on the nominee's competence.

Section 8 The President shall not be eligible for election to Local Office. Should a newly elected President hold a Local office, they must within sixty (60) days of taking office on the Executive resign their Local office.

Section 9 (i)

In the event of a vacancy in the office of President, the position shall be filled by the First Vice-President.

(ii)

In the event of a vacancy in the office(s) of any member of the Executive Committee, i.e. 1st Vice-President, 2nd Vice-President, Secretary or Treasurer, nominations for the position(s) will be first sought from the Executive. The Executive upon receipt of such nomination may then appoint any person so nominated to fill the vacant position(s).

Nominations for the position of 2nd Vice-President shall only be accepted from Executive members from outside of Whitehorse.

(iii)

Should there be nominations from the Executive to fill the vacant position of 2nd Vice-President, then the Executive Committee shall call for nominations from amongst the delegates from outside the Whitehorse area who are still in good standing and were present at the Convention where the initial elections took place. A period of not more

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than thirty (30) days shall be given for receipt of nominations. If an election is necessary, the election will be conducted by secret ballot to the same delegates within a period of not more than thirty (30) days from the close of nominations. Such election may be by referendum vote. (iv)

Should there be no nominations from the Executive to fill the vacant position(s) of 1st Vice-President, Secretary and/or Treasurer, then the Executive Committee shall call for nominations from amongst the delegates still in good standing who were present at the Convention where the initial elections took place. A period of not more than thirty (30) days shall be given for receipt of the nominations. If an election is necessary, the election will be conducted by secret ballot to the same delegates within a period of not more than thirty (30) days from the close of nominations. Such elections may be by referendum vote.

(v)

In the event of a vacancy in the office of Director, the executive Committee shall call for nominations from amongst the delegates still in good standing who were present at the Convention where the initial elections took place. A period of not more than thirty (30) days shall be given for receipt of the nominations. If an election is necessary, the election will be conducted by secret ballot to the same delegates within a period of not more than thirty (30) days from the close of nominations.

Such elections may be by referendum vote.

(vi)

In the event that a written request from the Headquarters Office of the Union has not produced any eligible nominees within sixty (60) days of the date of the request, the Executive may, by a two-thirds majority, defer the filling of vacancies for the office of Director for a period of one year. After nine months the procedure outlined in paragraphs (i) to (v) shall be repeated.

(vii)

In the event that a vacancy in any position on the Executive occurs six months or less prior to the Triennial Convention, the Executive may, by a two-thirds majority vote, decide to leave the position vacant until the Triennial Convention.

Any vacancy, for reason of illness or any other cause can only be filled through a process of election by delegates to convention consistent with the provisions of these bylaws. Under no circumstances does any officer of the Executive of the YEU have authority to make appointments to fill vacancies.

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BY-LAW 10

TRIENNIAL CONVENTIONS

Section 1 The supreme governing body of this Union, consistent with its area of jurisdiction as provided by the Constitution of the Public Service Alliance of Canada, shall be the Triennial Convention.

Section 2 The By-Laws of this Union may be amended only by a two-thirds majority vote of the delegates of this Union assembled and voting in Triennial Convention.

Section 3 The Triennial Convention of this Union shall be composed of accredited delegates from Locals and the Executive officers of this Union.

Section 4 The Triennial Convention shall: Sub-Section A (i) adopt rules of procedure governing the process of all matters before Convention; (ii) deal with all resolutions and matters submitted to it by each Local or the Executive; (iii) establish the budgetary provisions including the dues to be paid; (iv) review all reports submitted to it by officers and committees; (v) review and vote on committee recommendations; (vi) Act upon any items of business placed before it by delegates.

Sub-Section B (i) The Triennial Convention shall deal with all resolutions and matters brought before it from Locals and the Executive and shall establish the general policies of this Union for the period between Triennial Conventions. (ii) A duly constituted PSAC Yukon Pride Committee, PSAC Whitehorse Regional Women’s Committee, PSAC Dawson Regional Women’s Committee, PSAC Yukon Area Council, or

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PSAC Regional Health & Safety Committee of the Yukon, with YEU Membership may also submit to the YEU Executive, proposed resolutions for the Triennial Convention. The YEU Executive will consider these submitted resolutions and if by a simple majority vote the Executive agrees, the resolutions will be forwarded to YEU Triennial Convention. (iii) (iv) (v)

such resolutions shall be forwarded to the YEU Executive no later than three months prior to the opening date of Convention; resolutions will be sent to delegates at least 30 days prior to Convention; any resolution that does not meet the above timelines shall be submitted to the President. A late resolution will be ruled out of order if in the opinion of the President such a resolution could have been submitted in accordance with section 4, Sub-Section B (ii).

The decision of the President may be overruled by a majority of the delegates present at Convention.

Section 5 All matters and resolutions not dealt with by the Convention shall be referred to the Executive who will consider and act upon such unfinished business prior to the next Convention. The disposition of each issue shall include the reasons for decisions and recorded votes, and be distributed to all delegates under separate cover from the Minutes.

Section 6 Minutes from Convention shall be distributed to all delegates to Convention within 12 months (1 year) following the Convention and these minutes be available on either hard copy or electronic as requested by the delegate.

Section 7 The place and date of each Triennial Convention shall be decided by the Executive with such decision transmitted to the Locals no later than six months prior to the opening date to such Convention. Such a call will include the final date for the receipt of resolutions and the final date for the submission of delegate and alternate delegate names to Convention. The Triennial Convention shall be held at a date consistent with the provisions of Sub-Section (4) of Section 9 of the Constitution of the Public Service Alliance of Canada.

Section 8

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The Executive shall establish and may appoint from the Local delegates named, any Convention Committee necessary to prepare the Convention agenda. The Executive Committee shall issue the Convention agenda to each named delegate not less than one (1) month prior to the date of Convention.

Section 9 Each accredited delegate present at Triennial Convention shall be entitled to one vote on each subject and proxy votes shall not be permitted.

Section10 At least three months prior to the opening date of Triennial Convention, the Executive shall appoint from amongst accredited delegates such committees as may be necessary for the conduct of the business of the Convention. Delegates shall be advised of their Committee assignment by the Executive at least two months prior to the opening of the Convention, and shall be supplied with an official copy of the agenda proposed by the Executive.

Section 11 All Locals shall have the right to send observers to Triennial Conventions at Local expense. Observers shall not have the right to vote or to participate in debate at Triennial Conventions.

Section 12 A Special Convention shall be held at the request of the Executive, provided that two-thirds of the Executive vote in favour of such Convention and at a time and place to be decided by the Executive.

Section 13 Special Conventions shall be composed of delegates elected by Locals and the Component Executive Officers.

Section 14 A Special Convention of this Union shall deal with only the matter or matters for which it was called, unless such Special Convention agrees, by a two-thirds majority

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vote of its assembled delegates, to consider other matters of an urgent or necessary nature within the time limits set for such Special Convention.

Section 15 At least four months prior to the opening date of the Triennial Convention, each Local shall elect amongst its members at a general meeting of the Local, accredited delegates to the Convention of this Union on the following basis: Up to 100 members - 2 delegates and, for each 50 members thereafter or major fraction thereof, 1 additional delegate.

Section 16 Supplementary resolutions to a Convention shall be submitted to the President fortyeight (48) hours prior to the opening date of Convention and such supplementary resolutions shall be the last order of business.

Section 17 Each Local shall elect alternate delegates who shall attend Triennial Convention in place of any accredited delegates who unavoidably cannot attend Convention. The Locals shall choose which alternate delegate is to replace a delegate unable to attend the Convention.

Section 18 Immediately following election of Local delegates to Triennial Convention, the Local Secretary shall submit to the Component President the names of the Local's accredited delegates on a credential form supplied by the Headquarters Office of this Union.

Section 19 Delegates to the Triennial National Convention of the Public Service Alliance of Canada shall be elected in accordance with the requirements of the Constitution of the Public Service Alliance of Canada.

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BY-LAW 11

FINANCES

Section 1 The financial records of this Union shall be audited once annually by a firm of Chartered or Certified accountants approved by the Executive. A copy of the financial statement shall be forwarded to each Local immediately upon completion of the annual audit and to the Public Service Alliance of Canada.

Section 2 The signing officers of this Union shall be the President, the Secretary, the Treasurer and the First Vice-President, two of which are required to sign any cheque or financial document.

Section 3 The signing officers of this Union shall be bonded in an amount of not less than $10,000.00.

Section 4 In case of emergency, the Executive shall have the authority to designate one or more of its members as signing officers of this Union.

Section 5 The fiscal year of this Union shall be April 1, to March 31.

Section 6 All financial records of this Union and its Locals should be retained for the legal period prescribed by the Income Tax Act as interpreted by the Minister of National Revenue.

Section 7 Cheques and money orders shall be made payable to the "Yukon Employees Union of the P.S.A.C.".

Section 8

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Local Secretary-Treasurers shall submit to the Executive annual audited statements of Local finances and membership before March 1st of each year. In accordance with the foregoing, the President shall make no remittance of refundable portion of dues until such statement has been received.

Section 9 All financial records of this Union and its subordinate bodies shall be maintained in an approved manner as advised by the auditors in the case of the Headquarters Office and by the Executive in the case of each Local.

BY-LAW 12

DISCIPLINE

Section 1 The Executive of this Union shall have the authority to remove from office any Component or Local Officer for contravening any provision of the constitution of the Public Service Alliance of Canada or of the By-Laws of this Union, or for causes as listed in Section 5, Sub-Section A to O inclusive, of this By-Law. Section 2 Sub-Section A A Local of this Union shall have the authority to remove from office any Local Officer for contravening a provision of the Constitution of the Public Service Alliance of Canada, the Local By-Laws, a provision of these By-Laws, or for cause listed in Section 5, Sub-Section A to O inclusive, of this By-Law. Sub-Section B A Local of this Union shall have the authority to deny Local membership privileges for any member found guilty of contravening any provision of the Constitution of the Public Service Alliance of Canada or these By-Laws, or for cause listed in Section 5, Sub-Section A to O inclusive, of this By-Law. Section 3

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An officer dealt with as provided in Section 1 or 2 of this By-Law shall have the right to appeal such decision to the Executive. Further appeal against the decision of the Executive may be taken to the Triennial Convention of this Union and the procedure for the disposition of such matters shall be in accordance with Section 21 of the constitution of the Public Service Alliance of Canada.

Section 4 A Local which has not carried out the responsibilities required by these By-Laws shall be considered inactive and the Executive shall have the authority to appoint a trustee with responsibility to manage the Local's affairs and to bring about its reactivation with minimum delay.

Section 5 An officer having committed any of the offences listed in Sub-Sections A to O may be penalized as provided in Sections 1 and 2 of this By-Law. Sub-Section A Violating any provision of the Constitution of the Public Service Alliance of Canada or the By-Laws of this Union and the Local By-Laws; Sub-Section B Obtaining membership or soliciting members by misrepresentation;

Sub-Section C Instituting, urging or advocating that a member of any Local institute action in a court against the Public Service Alliance of Canada or this Union or any of its officers or against a Local or any of its officers without first exhausting all remedies through appeal within the Union; Sub-Section D Advocating or attempting to bring about the withdrawal from this Union or any Local of any member or group of members; Sub-Section E Publishing or circulating among the member’s false reports or misrepresentations; Sub-Section F Working in the interests of a rival organization or Union;

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Sub-Section G Slandering/libeling or willfully wronging an officer or member of the P.S.A.C. or this Union; Sub-Section H Using abusive language or disturbing the peace of any meeting in or around any office or meeting place of this Union or any of its Locals; Sub-Section I Fraudulently receiving money due to this Union or any of its Locals or misappropriating the monies of this Union or any of its Locals respectively; Sub-Section J Using the name of a Local or of this Union for soliciting funds, advertising, and the like of any kind without the consent of the Local concerned or the Executive of this Union respectively; Sub-Section K Furnishing a complete or partial list or any information on the membership of this Union or of any Local to any person or persons other than those whose official position entitles them to have such a list; Sub-Section L Deliberately interfering with an official of the P.S.A.C., or this Union in the discharge of his/her duties.

Sub-Section M Failure of a non-designated member to honor an authorized and legal picket line of members in the same bargaining unit; Sub-Section N Sexually or personally harassing another member; or Sub-Section O Any other conduct prejudicial to the good order and welfare of the P.S.A.C. or this Union.

Section 6 The Executive may recommend to the P.S.A.C. Board of Directors the suspension from membership of any individual or group of members for acts detrimental to the Union, or for violating any provision of the Constitution of the Public Service Alliance of Canada or the By-Laws of the Union, or for cause as listed in Section 5,

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Sub-Section A to O, inclusive, of this By-Law. The Local may request the presence of one of the Executive Officers at one of their meetings to explain the cause of the suspension action. Any member who has been so suspended and the Local of which he/she is a member, shall be entitled to appeal the suspension in accordance with Section 22 of the Constitution of the Public Service Alliance of Canada.

BY-LAW 13

AREA COUNCILS

Section 1 In accordance with Section 12 of the Constitution of the Public Service Alliance of Canada, this Union shall encourage and participate in the organization and operation of Area Councils in Centre’s where three or more Unions of the Public Service Alliance of Canada exist.

Section 2 In areas where the condition set forth in Section 1 of this By-Law exists, this Union shall make application to the Public Service Alliance of Canada to establish Area Councils as required by Sub-Section (2) of Section 12 of the Constitution of the Public Service Alliance of Canada, and upon approval of the applications as specified, Union Locals in such areas shall participate in the formation and operation of Area Councils within the terms and conditions of Sub-Sections (1) to (13) inclusive, of Section 12 of the Constitution of the Public Service Alliance of Canada.

BY-LAW 14

GENERAL

Section 1 Subject matter files shall be maintained for periods established by the Executive.

Section 2

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In the event of a jurisdictional dispute between Locals of this Union concerning allocation of membership, such dispute shall be referred to the Executive and their decision shall be binding on all Locals concerned. In such matters, the Locals concerned shall have the right to make an appeal to the Triennial Convention of this Union.

Section 3 Unless expressly provided otherwise by these By-Laws, all decisions requiring a vote shall be decided by a simple majority.

Section 4 Unless expressly provided otherwise by these By-Laws, the PSAC Rules of Order shall apply at all meetings and conventions of this Union.

Section 5 Nothing in these By-Laws shall be construed to conflict with the Constitution of the Public Service Alliance of Canada.

Section 6 This Union shall issue such publications as are necessary to keep its members informed on matters of concern to them. The format of such publications shall be determined by the Executive.

Section 7 The following definitions shall apply in these By-Laws: Sub-Section A UNION: where used in these By-Laws shall be construed to mean "Yukon Employees Union of the Public Service Alliance of Canada."

Sub-Section B MAY:

is to be construed as permissive.

Sub-Section C SHALL:

is to be construed as imperative.

Sub-Section D

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EXECUTIVE: shall be construed to refer to the Executive of the "Yukon employees Union of the Public Service Alliance of Canada."

Sub-Section E BY-LAWS: means the rules which regulate the operation of the Component which have been approved by a two-thirds majority vote of delegates present at a Component Convention. Resolutions presented to Convention for approval may amend, rescind, replace, add to, or delete portions from existing Bylaws.

Sub-Section F REGULATIONS: means the administrative processes which form part of the Bylaws and have been approved by a two-thirds majority vote for delegates present at a Component Convention. Resolutions presented to Convention for approval may amend, rescind, replace, add to, or delete portions from existing Regulations.

Sub-Section G POLICIES: means the legal and administrative processes approved by a two-thirds majority vote by the Executive members present at any meeting between Component Conventions. Prior to each Component Convention these Policies shall be prepared for approval by Convention, at which time if approved amend the appropriate or are added as new Bylaws or Regulations.

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BY-LAW 15

YUKON EMPLOYEES UNION OF THE PUBLIC SERVICE ALLIANCE OF CANADA OATH OF OFFICE (OFFICERS)

The following Oath of Office shall be administered to all Officers immediately upon acceptance of their respective offices: "I..........................., having been elected an Officer of the Yukon Employees Union of the Public Service Alliance of Canada, do solemnly declare that during my term of office I will faithfully carry out the duties of such office. I will uphold the dignity of the Union and respect all confidence pertaining to the Yukon Employees Union of the Public Service Alliance of Canada.

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