9.01
The National Executive Board shall consist of the following:
9.01.01 The President9.02 If a vacancy should occur in the office of the President, the National Executive Board shall designate another officer to serve as President until the next Convention, provided the next Convention is scheduled to take place within six (6) months. If the vacancy is for a longer period, the National Executive Board shall designate another officer to serve as interim President and a Special Convention shall be called to elect a successor.9.01.02 The Secretary-Treasurer and the Executive Vice- President - Quebec
9.01.03 The Vice-President(s)
9.01.04 The Administrative Vice-President(s)
9.01.05 Seventeen (17) Rank-and-File Board Members. Four (4) each from the Western, Ontario, Quebec and Atlantic Regions plus one Visible Minority Representative, all of whom must be rank-and-file members who are not employed by the National Union. However, this does not preclude employment by Local Unions or Councils affiliated with this Union. If after election, a Rank-and-File Board Member accepts employment with the National Union that goes beyond temporary organizing projects, temporary fending off of raids, or a maximum period of thirty (30) days for servicing, the member must resign as a member of the National Executive Board. At least one (1) Rank-and-File Board Member from each Region must be a woman.
An alternate for each Rank-and-File Board Member shall be elected at the same time as the Rank-and-File Board Members are elected. Alternates will only serve on the National Executive Board when they are designated by the National Executive Board to fill a vacancy in the position for which they are the alternate or they are temporarily replacing the Rank-and-File Board Member at a National Board meeting because the Rank-and-File Board Member is unable to attend the meeting.
9.03 If a vacancy should occur in the office of Secretary-Treasurer, the National Executive Board may designate a successor from among the members of the National Executive Board in accordance with Article 14, to serve until the next Convention.
If a vacancy should occur in the office of Vice-President – Media, the National Executive Board would designate a successor in accordance with Article 14 from the media membership until the next convention.
If a vacancy should occur in the position of Executive Vice-President – Quebec, the National President shall call a Regional conference for the purpose of electing a successor. In the interim the Vice-President - Quebec shall be designated by the President to carry out the duties of both offices.
9.04 If a vacancy should occur in the position of Vice-President for one of the four (4) Regions of the Union the President shall call a Regional conference for the purpose of electing a successor in accordance with Articles 11 and 14. In the interim the President shall designate an Administrative Vice-President to carry out the duties of both offices.
To ensure that a Regional conference will only be held when there is more than one candidate running for office, the President shall make available an official nominating form to all affected Locals.
Completed nominating forms must be returned to the office of the President not less than thirty (30) days prior to the scheduled date of the Regional conference. To be valid a nominating form must be signed by both a nominator and seconder. It must also be signed by the nominee to signify their acceptance of the nomination.
Should there be only one candidate nominated for the position, that candidate will be declared elected, and in the absence of any other election the Regional conference shall be cancelled. The successful candidate will take the oath of office at the next National Executive Board meeting and in the interim will be considered as having taken the oath of office.
The foregoing process shall also apply in the case of Article 9.05.
9.05 If a vacancy should occur in the position of Administrative Vice-President, the National Executive Board may designate another officer to assume the duties of the position, as well as their existing responsibilities, until the next Convention. However, the National Executive Board shall have the option of filling the position by directing the President to call a Regional Conference for the purpose of electing a successor.
9.06 If a vacancy should occur in the position of Rank-and-File Board Member, the National Executive Board shall designate an Alternate to fill the position on the basis that once the constitutional gender requirement has been satisfied, the order of the Alternates will be determined by the order in which they were elected. Should there be a need to elect one or more Rank-and-File Board Members or Alternates, the National Executive Board shall request the Vice-President to call a Regional Meeting for that purpose, except for the Visible Minority Rank-and-File Member for which the Executive Board shall nominate a replacement until the next convention.
9.07 The National Executive Board shall meet three (3) times a year, or at the call of the President, or upon a call of the majority of the members of the National Executive Board. The date and place of the Board meetings shall be set by the National Executive Board.
The President or the President's designate shall chair meetings of the National Executive Board. Decisions of the National Executive Board shall be by majority vote unless otherwise stipulated in this Constitution. The President or the President's designate shall vote in National Executive Board meetings only in the event of a tie vote.
A majority of the National Executive Board shall be present to constitute a quorum.
9.08 The National Executive Board shall have the authority to:
9.08.01 Suspend any National or Local officer during an investigation and remove any officer of a Local only on clear proof of fraud or dishonesty after sworn charges made and after a fair trial and opportunity for appeal as provided in this Constitution;
9.08.02 Have an independent audit made of the books of the Secretary-Treasurer of the Union not less than once each year and to publish to the membership the result of such audit;
9.08.03 Cause an inspection of the financial records of any Local and order an independent audit of the books of any Local when convinced that such audit is necessary and proper to protect the membership of the particular Local and the interest of the Union and to publish to the members affected the results of such audit; the cost of such audit to be borne by the Union;
9.08.04 Oversee organizing, publicity, education and research projects;
9.08.05 Approve the employment of persons not elected which may be necessary to carry out the objects and policies of the Union;
9.08.06 Approve strikes called by a Local or Locals and render financial and other assistance;
9.08.07
Call a meeting of any Local or its Executive Board, in which meeting the
National Executive Board or its representatives may participate, when the Local
has been requested to call such a meeting and has refused or failed to do so.
The National Executive Board may take this action only under one or more of the
following conditions:
9.08.07.01 When so directed by the Convention;9.08.08 Interpret this Constitution, except as it may have been interpreted by the Convention.9.08.07.02 When the National Executive Board has received written charges that the Officers of a Local are withholding from their members information necessary for implementing current policy or the achieving of important objectives of the Union;
9.08.07.03 When a Local is pursuing a course of action, which, if continued, would warrant its expulsion or the appointment of a temporary administrator as provided for in Article 12.
9.08.09 Order the repeal of any By-law or Rule of a Local inconsistent with this Constitution.
9.08.10 Appoint the Union's delegates to the Convention of the Canadian Labour Congress from among the members of the Board. The President shall be included among the delegates.
9.08.11 Designate representatives of the Union to organizations with which the Union is, or may be, affiliated or associated.
9.08.12 Authorize the expenditure of the funds, and the use of the Union Label and other property of the National Union to effectuate any of the objectives of the Union.
9.08.13 Borrow money and pledge any property or security of the National Union as security therefore; to make guarantees, to buy, sell, exchange, rent, lease or otherwise acquire or dispose of real or personal property of the National Union.
9.08.14 Exonerate from payment of per capita tax and dues Local Unions and members involved in approved strikes or for any other reason deemed satisfactory.
9.08.15 Locate the National Headquarters in any location, which it deems suitable to best serve the interests of the membership of the Union.
9.08.16 Determine the founding sector of the Union to which a Local Union shall be assigned for purposes of elections.