cep constitution start bottom

Constitution
of the

Communications, Energy
and Paperworkers
Union of Canada

Adopted November 28, 1992 at the
Founding Convention in Montreal
Amended in 1994, 1996, 1998 and 2000

Preamble

Believing that all persons have a natural right to the full enjoyment of the wealth created by their labour and believing that such cannot be fully realized except through the united, free and democratic organization of working men and women, we do hereby unite ourselves to create the Communications, Energy and Paperworkers Union of Canada, which shall operate as an independent and autonomous labour union.

It shall be the object of this Union to establish and maintain collective bargaining for the benefit of the workers within its jurisdiction and to conduct a never-ceasing effort to secure just compensation for the workers, reasonable hours of work and working conditions conducive to safety, good health and full enjoyment of life.

It shall be the further object of this Union to secure legislation safeguarding and promoting economic security and the social welfare of all workers, and to remain vigilant in the interest of preserving and extending civil rights and liberties within a free and democratic society.

This preamble shall be and form part of the Constitution of the Union.

Article 1 Name

1.01 This organization, hereinafter referred to as the Union, shall be known as the Communications, Energy and Paperworkers Union of Canada, or CEP in abbreviated form.

Article 2 Objects

2.01 The objects of the Communications, Energy and Paperworkers Union of Canada shall be:

2.01.01 To organize persons engaged within the jurisdiction of the Union and assist in the organization of all working people.

2.01.02 To improve wages, hours of work, employment security and other conditions of employment through collective bargaining.

2.01.03 To strive for equality regardless of race, creed, colour, age, marital status, family status, ancestry, place of origin, ethnic origin, citizenship, language, religious beliefs, sex, sexual orientation, disability, records of offence or political affiliation.

2.01.04 To assist in advancing the social, economic and general welfare of working people through political, educational, civic and other activities.

2.01.05 To safeguard, protect and extend freedom, civil liberties, democracy and democratic trade unionism.

2.01.06 To engage in political activities to secure beneficial legislation and obtain the defeat and repeal of harmful legislation.

2.01.07 To aid and co-operate with other trade unions and other organizations whose purposes are in accord with the purposes of this union, and to affiliate with organizations which meet our goals and to participate in such organizations.

Article 3 Jurisdiction

3.01 The jurisdiction of the Communications, Energy and Paperworkers Union of Canada shall include persons engaged in the communications, electrical, electronic, energy, atomic, petroleum, gas, coke, chemical, service, pharmaceutical, petro-chemical, pulp, paper, forest products and all allied, related and similar industries in Canada, as well as any other fields of endeavour.

Article 4 Affiliations

4.01 The Communications, Energy and Paperworkers Union of Canada shall be affiliated to the Canadian Labour Congress and such other organizations as may be decided by Convention resolution or the National Executive Board.

Article 5 Membership

5.01 Eligibility

5.01.01 Except as herein otherwise provided, any person employed within the jurisdiction of the Union shall be eligible for membership.

5.01.02 All persons who are members and who become officers of labour organizations representing persons within the jurisdiction of the Union shall continue to be eligible for membership in the Union.

5.01.03 Members of the Union who are on leaves of absence from their employment or who are employed on a full-time or part-time basis by the National Union or a Local may continue to be active members.

5.01.04 No person otherwise eligible for membership in the Union shall be admitted to, or retain membership as the case may be, if the person has been fined, suspended or expelled by the National Union or a Local of the Union, if that person has not complied with the terms of such fine, suspension or expulsion.

5.01.05 All eligible members, before being admitted to full membership, shall subscribe to the following obligation:

"I, (name of individual), pledge my honour to faithfully observe the Constitution and laws of this 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; that I will not wrong a member, or see him or her wronged, if in my power to prevent; to so conduct myself at all times as not to bring reproach upon my Union, and at all times to bear true and faithful allegiance to the Communications, Energy and Paperworkers Union of Canada".

The local membership present: "Your pledge will be remembered".

The above obligation of membership may be administered by an officer or representative of the National Union to any person applying for membership in the CEP.

Failure to pronounce this obligation shall not prejudice the majority status of the bargaining unit.

5.02 Applications

5.02.01 Membership in the Union shall be obtained and maintained through membership in a Chartered Local of the Union. However, a person or persons working where there is no Chartered Local with jurisdiction for them, or where the National Executive Board so determines, may join as members-at-large.

5.02.02 Each application for membership shall be accompanied by the appropriate initiation fee, or fees, as established by the Local, the National Executive Board or this Constitution.

5.02.03 The initiation fee established by a Local shall not be more than thirty-five dollars ($35.00) without the approval of the National Executive Board. If the initiation fee has not been set by a local it shall be deemed to be the first month's dues to the local. For newly organized members the initiation fee, dues and all other fees shall be the minimum required by law in the jurisdiction concerned. Members-at-large shall pay directly to the Union the minimum required by law in the jurisdiction concerned.

5.02.04 Each Local may establish a membership committee or membership committees which shall act upon applications for membership. Membership committees shall accept or reject applications, subject to the right of the local to overrule the committee. The Executive of the local may act as the membership committee if the local has not otherwise provided for a membership committee.

5.02.05 A Local shall not establish qualifications for membership which contravene qualifications set forth in this Constitution.

5.02.06 A Local shall have the right to deny membership to an applicant for good and valid reason or if the applicant has committed any of the offences listed in Article 17.01 of this Constitution.

5.02.07 An applicant who has been denied membership by a Local shall have the right to appeal the decision of the Local to a Local membership meeting and to present the appeal in person.

5.02.08 The National Executive Board shall serve as the membership committee and act upon applications for members-at-large.

5.02.09 The National Executive Board may assign members-at-large to a Local or Locals at such time and under such conditions as is deemed appropriate by the National Executive Board.

5.03 Transfers and Withdrawals

5.03.01 The National Executive Board shall establish rules and procedures for the transfer of the membership of a member of the Union who changes employment from the jurisdiction of one local to another.

5.03.02 The transferred members shall not be required to pay an initiation fee if the transfer is initiated not later than ninety (90) days after the effective date of their change in employment.

5.03.03 The member shall be granted such transfer if the member is in good standing.

5.03.04 A withdrawal card shall be issued by the Local upon application of a member in good standing leaving the jurisdiction of the Union. Should the holder of a withdrawal card later return to the jurisdiction of the Union, the initiation fee shall be waived if such card is presented to the Secretary of the Local having jurisdiction of the members within thirty (30) days of the return to the Union's jurisdiction. Failure to present the card within the time limit specified herein shall void the rights and privileges granted by such withdrawal card.

5.03.05 The National Union shall supply transfer and withdrawal cards to local unions at uniform costs for issuing to local members in good standing upon proper application.

5.03.06 Members of the Union who are or may be retired for any reason or who are, or may be on leaves of absence from their employment, may choose to be associate members. An associate member will not have voting rights and will not be required to pay dues, except in cases provided for under Article 5.03.07.

Retired members may join retirees organizations formed under terms established by the National Executive Board but may not continue as active members, except in cases provided for under Article 5.03.07

5.03.07 Locals, for historical reasons, or for reasons specific to their workplace, have the option of including in their By-laws special membership categories for retired members, unemployed members, freelance members and proprietor members. The Local may outline rights and responsibilities for such membership categories, which may include some or all of the following:

- the right to attend Local meetings;
- the right to vote at Local meetings;
- the obligation to pay dues at a special category rate;
- the right to vote on the allocation of money collected from their own category.

Any special membership provisions must have been approved by the National Executive Board before being included in the Local By-laws.

5.03.08 No member in one of the above special categories, other than freelance, will participate in any vote connected with a specific collective agreement, e.g. ratification vote, strike vote.

5.03.09 Special category members may be exempted from paying per capita to the National Union. But, special category members must be paying per capita dues to the National Union to be eligible to:

- vote in Local elections;
- hold Local office;
- be selected as a voting delegate to the CEP convention
- be selected to represent CEP at CLC conventions;
- vote on any matter concerning the allocation of the Local�s general funds.

5.04 Termination

5.04.01 Membership in the Union shall be terminated when a member accepts a position, which would render the member ineligible for membership. Bargaining units may provide that a member who temporarily assumes such a position may retain membership. In doing so, bargaining units may further provide that the member shall not hold any office within the Union or attend any Local or other Union meetings during the temporary position and, except where prohibited by law, shall not have any voting privileges until thirty (30) days after the return to the unit.

5.04.02 Membership may be terminated by expulsion as provided in this Constitution.

5.04.03 A member who has been dismissed shall retain membership status provided a grievance is filed against the dismissal. Such person shall lose membership status on any of the following dates:

5.04.03.01 The date on which the grievance is withdrawn or dropped;
5.04.03.02 The date on which, by settlement, the grievor ceases to be covered by the collective agreement under which the grievance was filed, unless the grievor has been transferred to another bargaining unit for which the Union acts as the bargaining agent;
5.04.03.03 The date of the arbitration award sustaining the dismissal or, where proceedings for judicial review are taken, the date such proceedings are dismissed.

5.04.04 A member in default, without good cause, in the payment of any instalment of per capita for ninety (90) days from the date such amount becomes due, may be suspended from the rights of membership and, if the default continues without good cause for an additional thirty (30) days after notice in writing by the Secretary-Treasurer, may be expelled from the Union. "Good cause" shall be that which the National Executive Board of the Union determines to be good cause.

Article 6 Revenue

6.01 Membership Dues

6.01.01 Each member of the Union shall pay the membership dues established by the local, or by the National Executive Board in the case of members-at-large. Membership dues shall be collected in the manner determined by the Convention or the National Executive Board.

6.01.02 Locals may provide reinstatement fees for persons who have withdrawn from membership without securing a withdrawal card or who have been suspended or expelled from membership. To the extent to which reinstatement fees require payment of delinquent dues, the per capita on delinquent dues must be forwarded to the National Union.

6.02 Per Capita to National Union

6.02.01 The revenue of the National Union shall be derived as follows:

6.02.01.01 From initiation fees as provided for in this Constitution.
6.02.01.02 From per capita, which shall be, as of January 1, 1997, 72/100 of 1.0% (.0072) of basic pay (card rate), including cost-of-living payments, but excluding overtime, shift premiums and incentive pay. Locals may, at their option, use the method of averaging out the current hourly or weekly rates and submit on the basis of a flat amount, provided that it delivers the same amount of per capita to the National Union.
Each Local Union shall send with its per capita payment the totalled list which the employer provides to it and which shows the union dues collected for the month and the names of the persons who paid their dues, in order to ensure a very accurate and fair monitoring of the collection of per capita for all Locals.
Effective January 1, 1999 and continuing until the Defense Fund has a positive balance of twenty (20) million dollars, with no outstanding debts, the per capita of 72/100 of 1.0% (.0072) shall be increased to 90/100 of 1.0% (.0090). All revenue derived from the difference between 72/100 and 90/100 of 1.0% shall be assigned directly to the Defense Fund and the normal assignments set out in Article 6.03 of the Constitution shall be applied to the remaining 72/100 of 1.0%.
During the month immediately following the month in which the Defense Fund reaches the positive balance of twenty (20) million dollars set out above, the Secretary-Treasurer shall advise all locals that the per capita will be reduced to 72/100 of 1.0% (.0072) at the end of the third month following the month in which the positive balance of twenty (20) million dollars is achieved. For greater clarity, this means that if the positive balance referred to above is achieved in May, the Secretary-Treasurer will advise all locals in June that the per capita will be reduced to 72/100 of 1.0% at the end of July.
At any subsequent point in time, if the balance in the Defense Fund falls below ten (10) million dollars, the per capita shall again be increased to 90/100 of 1.0% (.0090) under the same terms as set out above. Such increase shall become effective on the first day of the third month following the month in which the balance falls below ten (10) million dollars, and remain in effect until the end of the third month following the month in which the balance of the Defense Fund exceeds twenty (20) million dollars.
The Secretary-Treasurer shall be responsible for giving locals advance notice of any change in the level of per capita and ensuring that any increase in per capita is assigned exclusively to the Defense Fund.
6.02.01.03 From per capita dues paid by members-at-large and special category members such as retired members, unemployed members, freelance members and proprietor members.
Such special category per capita dues will be established by the National Executive Board, after consultation with the Local.
6.02.01.04 Other revenue shall be derived from charter fees, supplies, subscriptions, materials, interest on investments and other sources normal to the operation of a National Union.
6.02.01.05 Members on strike, locked out or laid off because of a strike or lockout may be exempted from per capita payment by the National Executive Board.
6.02.01.06 Members on sick leave may be exempted from per capita payment by the National Executive Board in accordance with the policy of the Union.

6.03 Assignments

6.03.01 From each per capita tax the following transfers shall be made:

To the Defense Fund - 17.5% of per capita.

To the Organizing Fund - 6.6% of per capita.

To the Convention Fund - 2.5% of per capita.

To the Child Care Fund - 0.1% of per capita.

The balance of revenue to be placed in the General Fund, which shall be used to defray current expenses, such as affiliations, the publishing and mailing of the National Union's publications, payment of salaries, benefits and expenses of officers and employees of the National Union, maintenance of Headquarters and Regional offices of the National Union, and for any other legitimate expenses approved by the National Executive Board. Expenses related to the administration of the Defense Fund shall be paid out of the Defense Fund.

6.04 Where per capita and other monies are collected for the National Union by a Local Union such funds shall be remitted to the National Union not later than the end of the month following the month in which the dues are deducted, whereupon it is to be sent, together with the report of the standing of each member of the Local Union to the Secretary-Treasurer of the National Union. In the event a Local Union fails to send a complete report on time, together with the monies collected for the National Union, it shall be penalized five percent (5%) of the monies due for the month involved, and for each following month it is not paid a further one percent (1%) will be added. An additional twenty (20) days will be granted in the case of a Local Union producing roster sheets. The National Executive Board may, however, exonerate a Local Union from such penalty where it is found that the delinquency was caused by reasons beyond the control of the Local Union.

6.05 Per capita and other monies collected for the National Union by a Local Union shall at all times be the property of the National Union. No authority shall exist or be created for the expenditure of any portion of these funds by any body other than the National Union.

Article 7 Governing Authority

7.01 The affairs of the Union shall be governed by its membership in the following manner:

7.01.01 By the Convention as the highest governing authority of the Union.

7.01.02 By the National Executive Board exercising the authority of the Convention between Conventions, in accordance with the Constitution and the mandates of the Convention.

7.01.03 By the President as the principal executive officer of the Union, who shall have the authority and responsibility to carry out the policies of the Union in accordance with the Constitution and the mandates of the Convention and the National Executive Board.

7.01.04 By the Locals of the Union conducting their affairs in accordance with this Constitution and Local By-laws and Rules, which they may adopt so long as they do not contravene any provision of this Constitution.

Article 8 Conventions

8.01 Authority

The Convention shall be the supreme body of the Communications, Energy and Paperworkers Union of Canada, having the power to amend this Constitution, provide for election of officers, formulate rules governing conduct of the National Union, establish policies of the National Union and exercise any other powers necessary in respect of the administration of the National Union.

8.02 Timing and Location

Conventions of the National Union shall be held biennially, in different regions of Canada, at times and places designated by the National Executive Board.

8.03 Special Conventions

A special convention shall be called when authorised by at least two-thirds (2/3) of the members of the National Executive Board. The National President shall call a special convention when requested to do so by thirty percent (30%) of the Locals representing thirty percent (30%) of the membership of the Union and such special convention shall take place within sixty (60) days of such a request for a special convention. No business shall be considered by any special convention except the business specified by the convention call.

8.04 Convention Call

The Secretary-Treasurer, at the direction of the President, shall issue a convention call to all Locals and National Officers of the Union setting forth the time and place at which the convention will convene not less than one-hundred-and-fifty (150) days prior to the opening date fixed for the convention, if a regular convention, and not less than thirty (30) days prior to the date fixed for the convention, if a special convention.

At the time the Secretary-Treasurer issues the convention call Locals shall be notified as to their voting strength and the number of delegates to which they are entitled according to the records of the National Union. The Secretary-Treasurer shall also supply each Local with credential forms in duplicate for each of its delegates and alternates.

8.05 Certification of Delegates

Each Local shall certify to the Secretary-Treasurer of the Union, at least sixty (60) days prior to the opening date of a biennial convention, or ten (10) days prior to the opening date of a special convention, using the duplicate of the credential forms provided by the Union, the names, addresses and voting strength of its delegates and alternates, if any, and the Chairperson of its delegation.

The original copy of the credential form shall be retained by the Local and shall be presented by the elected delegate or alternate to the convention credentials committee upon arrival at the convention.

8.06 Composition of Convention

8.06.01 Each Local Union shall be entitled to be represented at a Convention by the number of delegates determined as follows:

         0 to 200 members - 2 delegates
     201 to 350 members - 3 delegates
     351 to 500 members - 4 delegates
     501 to 700 members - 5 delegates
     701 to 1000 members -6 delegates
   1001 to 1500 members - 7 delegates
   1501 to 2500 members - 8 delegates
   2501 to 4000 members - 9 delegates
       Over 4000 members -10 delegates

8.06.02 For the purpose of determining the representation of Local Unions at the Convention the average number of members for the four (4) highest months for whom per capita was paid to or collected by the National Union during the twelve month period preceding the seventh (7th) month prior to the month in which the Convention begins its session shall be the number of members for which the Local is entitled to delegates. Locals chartered after such time shall be allowed to elect delegates in accordance with this Section on the numbers in the Local at the time it was chartered, provided however, that duplicate representation because of shift in membership from one local to another shall not be allowed.

For Local Unions on strike during the time frames set out in the paragraph above the average number of members shall be based on the number of members receiving strike benefits from the Defense Fund.

8.06.03 Each Local shall elect the convention delegates to which it is entitled. It may also elect alternate delegates to the Convention in an amount not in excess of the number of delegates to which it may be entitled. The Local shall designate the alternate to replace a delegate. An alternate may exercise all of the rights of a delegate in the absence from the Convention of such delegate after being seated by the Convention. Delegates and alternate delegates shall be elected in a secret ballot election of the members of each Local and in conducting such election, all constitutional procedures shall be observed provided, however, that a Local's By-laws may provide that one or more of the executive officers of the Local shall automatically become delegates or alternates by virtue of the office to which they are elected.

8.06.04 Each Local shall determine the number of its delegates. A Local delegation, however, shall not exceed the maximum number as provided for in 8.06.01. Each Local shall assign the number of votes to which it is entitled equally among its delegates. The number of votes, which may be left over after such equal division shall be assigned to the Chairperson of the delegation of the Local.

8.06.05 A Local shall not be entitled to representation at the Convention if it is two (2) months or more in arrears in the payment of per capita tax or assessments at the time of the opening of the Convention.

8.06.06 Officers of the National Union shall be seated at the Convention as delegates, with the right to speak at the Convention but without the right to vote. Rank-and-File Board Members shall be seated at the Convention as delegates with the right to speak at the Convention and with the right to cast one vote on all issues that they would be eligible to vote on if they were a delegate from their own Local Union. Their vote shall not, however, be deducted from the number of votes their Local Union is entitled to.

8.06.07 The National Women�s Committee members shall be seated at the Convention as delegates with the right to speak at the Convention and with the right to cast one vote on all issues that they would be eligible to vote on if they were a delegate from their own Local Union. Their vote shall not, however, be deducted from the number of votes their Local Union is entitled to.

If the member of the Women�s Committee chooses to come to convention as a delegate from her Local, she would not be entitled to the one vote allocated to her as a member of the Women�s Committee.

Likewise, she would be entitled to cast only one vote if she is also a Rank-and-File Board member.

8.06.08 National Representatives of the Union shall attend the Convention, unless directed otherwise by the President. They shall have the right to speak at Convention but shall not have the right to vote.

8.06.09 Members employed on a full-time or part-time basis by the National Union may not be delegates to the Union's Convention, but are eligible to run for national office unless otherwise disqualified under this Constitution.

8.07 Method of Voting

8.07.01 A Local delegate shall have one vote in the Convention, except on a roll call vote.

8.07.02 A roll call vote of the Convention shall be held upon the request of twenty percent (20%) of the delegates.

8.07.03 Voting by roll call shall be by per capita vote with each delegate casting the number of votes assigned to the delegate and approved by the Credentials Committee and the Convention.

8.07.04 Members of the National Executive Board of the Union shall be elected by secret ballot on a per capita basis.

8.08 Order of Business

The order of business, once adopted, may be suspended by a two-thirds (2/3) vote of the delegates present.

Nominations for National Executive Board positions shall be held on the first day of the Convention, as the last order of business on that day. Members who are nominated for a National Executive Board position on the first day of Convention shall have the right to be nominated for another position(s) at the time of the election. However, a member who was not nominated for a position on the first day of Convention, or who withdrew after nomination, shall not be eligible to be nominated for a position at the time of the election unless there are no other nominations for the position at the time of the election. Elections of National Executive Board positions shall be held on the second last day of Convention.

The President shall preside at all sessions except on those occasions when some other person may be designated by the President. Conduct of the Convention shall be under rules as may be adopted by the Convention, with Bourinot's Rules of Order prevailing under circumstances not covered by the Convention rules.

8.09 Committees of Convention

Prior to the opening of the Convention the President, in consultation with the National Executive Board, shall appoint and convene such committees as may be necessary for the conduct of the business of the Convention. Any such committees will be comprised of four (4) members from each Region of the Union, except for any Credentials Committee, which may be comprised of three (3) members from each Region. The Union shall pay the Convention Committee Members one day's pay at their regular rate of pay for each day while on authorized Convention business. In addition, a per diem allowance plus reasonable hotel accommodation and transportation costs will be paid. These payments shall only apply for days in addition to regular Convention days and not for time spent when the Committee member is attending the Convention as a delegate. The President shall appoint an advisor to work with each committee as deemed necessary.

8.10 Expenses of Convention

8.10.01 The Union shall pay the normal and usual expenses incident to the meetings of the Convention together with the expenses of the National Executive Board and of those other members or agents whose attendance at the Convention may be required by the National Executive Board. The Locals shall pay those expenses of their respective delegates that are not paid for by the Union.

8.10.02 There shall be a registration fee for Convention delegates, the amount to be established by the National Executive Board.

8.10.03 One (1) delegate from each Local Union shall be reimbursed for the following expenses to attend the Convention:

8.10.03.01 Transportation for air travel up to the amount of economy airfare upon submission of the appropriate forms accompanied by the travel vouchers, as well as receipted ground transportation to and from the airport. Or, alternatively, a travel allowance equal to the distance between the convention city and the city where the Local Union is located at the rate of twenty-six (26) cents per kilometre for the actual distance (return) but in an amount not to exceed the air economy return fare. The distance between the location of the Local Union and the convention city shall be determined by the use of figures computed by a reputable map company such as Rand-McNally, CAA, or by some other authentic published distance guide or method which is approved by the National Executive Board.
8.10.03.02 Per diem in accordance with the expense policy of the Union for the duration of the convention, plus a maximum of one extra day to accommodate the use of airline seat sales.

8.11 Attendance, Individual Members

Any member of the Union in good standing may attend the general meetings of the Convention as an observer.

8.12 Resolutions and Constitutional Amendments

8.12.01 Resolutions and Constitutional amendments submitted by the Locals and received by the Secretary-Treasurer of the Union or post marked ninety (90) days prior to the opening of the Convention shall be circulated to all Locals thirty (30) days prior to the opening of the Convention.

8.12.02 Resolutions and Constitutional amendments submitted after the ninety (90) day deadline will not be circulated to the Locals and will not be handled by a Convention Committee unless the appropriate Committee rules that the subject matter is of an emergency nature.

8.12.03 Any Resolutions or Constitutional amendments presented to the Convention under 8.12.01 above must have been approved by a Local membership meeting and be attested to by an Officer of the Local.

8.12.04 All resolutions submitted by the National Executive Board that are not of an emergency nature are to be circulated to all locals 30 days prior to the opening of Convention. Resolutions of an emergency nature submitted by the Executive Board will be handled as in 8.12.02.

8.12.05 All matters coming before any Convention, except changes to this Constitution, shall be decided by a majority of the votes cast by delegates representing Local Unions in good standing.

8.12.06 All proposed increases in the per capita dues or special assessments shall be circulated to all locals no later than thirty (30) days prior to the opening of the Convention.

8.13 Quorum

At any Convention a majority of the delegates seated shall constitute a quorum.

Article 9 National Executive Board

9.01 The National Executive Board shall consist of the following:

9.01.01 The President
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.

9.02 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.

9.03 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;
9.08.07.02 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.

9.08.08 Interpret this Constitution, except as it may have been interpreted by the Convention.

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.

Article 10 Duties of Officers and National Executive Board

10.01 The President

10.01.01 The President, as the principal executive officer of the National Union, shall have full authority and responsibility to execute the policies and decisions of the Union as established under this Constitution. Should the President find that the policy of the Union has not been clearly formulated a poll of the members of the National Executive Board will be conducted and the affirmative opinion of a majority of the Board shall have the force and effect of a decision reached in a meeting of the National Executive Board and the results of the poll shall be entered in the minutes of the next meeting of the Board.

10.01.02 The President shall plan or supervise, either personally or through delegation of authority to other individuals or committees, all programs, negotiations and activities necessary for the advancement and the welfare of the National Union, its affiliated bodies and the membership.

10.01.03 The President shall be the official spokesperson for the Union in all its external relations and may authorize counsel or other agents of the Union to speak on behalf of the Union.

10.01.04 The President shall interpret this Constitution and that interpretation shall be binding unless amended or reversed by the National Executive Board or the Convention.

10.01.05 The President shall submit at each regular meeting of the National Executive Board and at each Convention a written report on the affairs of the National Union.

10.01.06 The President shall be ex-officio member of all committees and subordinate bodies of the Union.

10.01.07 The President or the President's authorized representative may call or convene meetings of any subordinate body or its boards or committees.

10.01.08 The President shall appoint all committees not otherwise provided for in this Constitution, subject to the approval of the National Executive Board.

10.01.09 The President shall issue Charters to Local Unions and Regional Councils and approve the Constitution and By-laws of all Local Unions, intermediate and subordinate bodies. Upon receipt of amended Local By-laws the President�s office will return said By-laws to the Local within sixty (60) days.

10.01.10 The President shall preside over the Convention and meetings of the National Executive Board of the Union.

10.01.11 The President shall call regular and special meetings of the National Executive Board as required by this Constitution.

10.01.12 The President shall assign duties, responsibilities and authorities to other Officers and staff of this Union not covered by this Constitution.

10.01.13 The President shall appoint all National Representatives, both temporary and permanent, and all other Union staff.

10.01.14 The President shall hold no other office in the Union and shall not be engaged in any other employment. The annual salary for the office shall be established by the Convention and is set forth in Article 10.09.

10.02 The Executive Vice-President - Quebec

The Executive Vice-President - Quebec shall act under the direction of the President and perform such duties as may be assigned by the President or the National Executive Board. The Executive Vice-President - Quebec shall hold no other office in the Union and shall not be engaged in any other employment. The Executive Vice-President - Quebec shall receive the annual salary as set forth in Article 10.09 established for the office by the Convention and shall:

10.02.01 Be responsible for the administration of the Union within Quebec and the carrying out of all programs and policies of the Union, as well as supervising and directing all staff activities within Quebec, either directly or through delegation to the Vice-President - Quebec or the Administrative Vice-President(s).

10.02.02 Co-ordinate the activities of the Administrative Vice-President(s) in Quebec, either directly or through delegation to the Vice-President - Quebec.

10.02.03 Recommend to the President the employment of such personnel as may be required.

10.02.04 Recommend to the President that the services of such personnel be terminated for just cause.

10.02.05 Appoint members of bargaining committees to fill vacancies that are not otherwise filled, and to appoint bargaining committees for bargaining units who have failed to select bargaining committees under the provisions of this Constitution.

10.02.06 Direct personnel as required.

10.02.07 Supervise the negotiation of contracts in accordance with National Executive Board direction.

10.02.08 Supervise the assignment of Union representatives.

10.02.09 Preside at Region meetings.

10.03 Secretary-Treasurer

The Secretary-Treasurer shall act under the direction of the President and perform such duties as may be assigned by the President or the National Executive Board. The Secretary-Treasurer shall hold no other office in the Union, except where the National Executive Board has taken action to combine two or more officers positions, and shall not be engaged in any other employment. The Secretary-Treasurer shall receive the annual salary as set forth in Article 10.09 established for the office by the Convention and shall:

10.03.01 Act as financial officer of the National Union, receive the income of the National Union and collect all monies due the National Union and deposit all funds of the National Union in its name in depositories and in conjunction with the President, establish an investment policy for such funds. Such depositories and investment policy shall be subject to approval by the National Executive Board.

10.03.02 Have custody of the financial books, records, and documents of the Union and keep correct account of all financial transactions of the National Union.

10.03.03 Countersign all cheques and honour all drafts drawn on the Secretary-Treasurer by proper officers and take receipt of same.

10.03.04 Make all authorized payments for expenses incidental to the work of the National Union.

10.03.05 Ensure adequate bonding, in the amounts prescribed by the National Executive Board, for every officer, representative or employee of the National Union, Local Union and other subordinate bodies who handle funds or other property of the National Union and ensure that any person who is not covered by such bond is not permitted to receive, handle, disperse, or otherwise exercise custody or control of the funds or other property of the National Union.

10.03.06 Collect all monies due to the National Union.

10.03.07 Have custody of the Union Seal and cause it to be impressed upon such documents as the National Executive Board of the Union shall direct.

10.03.08 Ensure that the financial accounts and records of the National Union are audited annually by a Chartered Accountant approved by the National Executive Board, with a copy of the audit report to be sent to all Local Unions.

10.03.09 Permit inspection of the records at any time by the President or the National Executive Board.

10.03.10 Submit a detailed financial statement and report on financial activities to each regular Convention and each meeting of the National Executive Board.

10.03.11 Prepare, publish and distribute to the National Executive Board monthly, and to the Locals at least quarterly, a financial statement which shall list the total assets, liabilities, receipts and disbursements of the Union.

10.03.12 Instruct Local Unions as to the manner in which they shall keep their records or accounts and require them to submit periodic reports containing such information as the National Executive Board may prescribe.

10.03.13 Enforce those provisions of this Constitution relating to the financial responsibilities of Local Unions and other subordinate bodies of the Union. All Local Unions and subordinate bodies shall balance their accounts with the National Union within thirty (30) days from the date payments are due, except for specific situations covered by this Constitution or where a longer time frame is approved by the National Executive Board.

10.03.14 Reimburse officers and employees for expenses incurred in the performance of their duty only after submission of adequate expense and activities statements, which must be approved by the appropriate officer as determined by the National Executive Board.

10.03.15 Act as Secretary of the Convention and the National Executive Board and keep all necessary records and minutes, as well as conduct correspondence pertinent to the Secretary-Treasurer�s office.

10.03.16 Forward a copy of the minutes of National Executive Board meetings to all Local Unions. The minutes shall clearly indicate the issues that were debated and a maximum of sixty (60) days shall be allowed for their distribution to all Local Unions.

Forward a copy of Convention proceedings to all Local Unions.

10.03.17 Arrange for Conventions and such other meetings as may be directed from time to time by the National Executive Board, with simultaneous translation in both official languages to be provided.

10.03.18 Maintain such membership lists as may be required by the Union.

10.03.19 Direct such staff as is necessary for the performance of the Secretary-Treasurer�s office.

10.03.20 Issue all credentials for Convention.

10.03.21 Perform such other duties as may be required by law.

10.04 The Vice-President - Media

10.04.01 Be responsible for the coordination within the Media Sector and carry out all programs and policies of the Union.

10.04.02 Recommend to the President the employment of such personnel as may be required.

10.04.03 Appoint members in conjunction with the Regional Vice-President to bargaining committees to fill vacancies that are not otherwise filled, and to appoint bargaining committees for bargaining units who have failed to select bargaining committees under the provisions of this Constitution.

10.04.04 Preside at Media Sector Council meetings as required.

10.04.05 Preside at Media Sector Council elections.

10.04.06 Pursue organizing, affiliation, and merger with workers and organizations in the media industry in consultation with other officers.

10.05 The Vice-President(s)

The Vice-President(s) shall act under the direction of the President and perform such duties as may be assigned by the President or National Executive Board. They shall hold no other office in the Union, except where the National Executive Board has taken action to combine two or more officers� positions, and shall not be engaged in any other employment. They shall receive the annual salary as set forth in Article 10.09 established for the office by the Convention and shall:

10.05.01 Be responsible for the administration of the Union within the Region they were elected by. They shall carry out all programs and policies of the Union and shall supervise and direct all staff activities within their Region, either directly or through delegation to the Administrative Vice-President(s).

10.05.02 Coordinate the activities of the Administrative Vice-Presidents within their respective Region.

10.05.03 Recommend to the President the employment of such personnel as may be required.

10.05.04 Recommend to the President that the services of such personnel be terminated for just cause.

10.05.05 Appoint members of bargaining committees to fill vacancies that are not otherwise filled, and to appoint bargaining committees for bargaining units, who have failed to select bargaining committees under the provisions of this Constitution.

10.05.06 Direct personnel as required.

10.05.07 Supervise the negotiation of contracts in accordance with National Executive Board direction.

10.05.08 Direct the assignment of Union representatives.

10.05.09 Preside at Region meetings.

10.06 The Vice-President - Quebec

The Vice-President - Quebec shall act under the direction of the Executive Vice-President - Quebec and perform such duties as may be assigned by the President, the Executive Vice-President - Quebec or the National Executive Board. The Vice-President - Quebec shall hold no other office in the Union and shall not be engaged in any other employment. The Vice-President - Quebec shall receive the annual salary as set forth in Article 10.09 established for the office by the Convention and shall:

10.06.01 Assist in carrying out the programs and policies of the Union within Quebec as assigned by the Executive Vice-President - Quebec.

10.06.02 Assist in coordinating collective bargaining, servicing and the activities of the Administrative Vice-President(s) in Quebec as assigned by the Executive Vice-President - Quebec.

10.06.03 Be responsible for coordination of the Union's education program in Quebec with the education programs of the Quebec Federation of Labour.

10.06.04 Direct such staff as is necessary for the performance of the Vice-President - Quebec office.

10.07 The Administrative Vice-President(s)

The Administrative Vice-President(s) shall act under the direction of the Vice-President for the Region in which they were elected and perform such duties as may be assigned by the Vice-President or National Executive Board. They shall hold no other office in the Union, except where the National Executive Board has taken action to combine two or more officers� positions, and shall not be engaged in any other employment. They shall receive the annual salary as set forth in Article 10.09 established for the office by the Convention and shall:

10.07.01 Direct personnel assigned to them.

10.07.02 Assist the Vice-President with the administration of the Region and the carrying out of all programs and policies of the Union.

10.08 Rank-and-File Board Members

Rank-and-File Board Members shall serve as members of the National Executive Board for the purpose of participating in the decision making process of the Board. They shall not be responsible for administrative tasks as such, but they shall be fully involved in discussing, setting, and reviewing all types of policies of the Union, including administrative policies.

Rank-and-File Board Members will be financially supported by this National Union while attending their respective regional meetings, which have been called. These members shall be financially supported in the same manner and kind as is afforded the Vice-Presidents of their respective Regions.

10.09 Salaries of National Officers
                                                     As at
                                              Jan. 1, 2000
                          President     $90,156.67
       Secretary-Treasurer       $85,759.24
Executive V.P. - Quebec        $85,759.24
           Vice-President (s)       $83,010.58
Admin. Vice-President (s)       $81,360.77

Effective on January 1, 2000 and continuing on each January 1st thereafter, the salary for the National Officers that was in effect on December 31st of the preceding year shall be increased by the percentage amount that is established by applying the following formula to determine an average of selected CEP settlements during the preceding year:

40% of the weighted average of the Western Canada and Eastern Canada pulp and paper settlements.
24% of the Energy National Bargaining settlement.
36% of the weighted average of the Bell Canada Craft settlement and the CBC settlement.

For the purposes of the weighted average calculation, lump sums including signing bonuses, catch-up, benefits and pay equity adjustments will be excluded. For purposes of determining the appropriate application of the above formula a committee made up of all the Rank-and-File Members of the Executive Board shall make any necessary decisions. No increases shall be put into effect until the committee has given its approval.

Article 11 Regions

11.01 The National Union shall have the following four geographic Regions for the purposes of administration and representation:

Atlantic Region - Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick and Locals from the paper sector in the Gasp� area of Quebec.

Quebec Region - Quebec, with the exception of Locals from the paper sector in the Gasp� area of Quebec and Locals from the paper sector in Hull, Quebec.

Ontario Region - Ontario and Locals from the paper sector in Hull, Quebec.

Western Region - Manitoba, Saskatchewan, Alberta, British Columbia, the Northwest Territories and the Yukon.

11.02 Subject to the approval of the National Executive Board, the President shall be authorized to settle jurisdictional problems in and between regions, which may arise in carrying out the business of the National Union and in applying this Constitution.

11.03.01 Region meetings held at Convention shall be conducted by the respective Vice-President, or Executive Vice-President - Quebec in the case of Quebec.

11.03.02 Delegates to a Region meeting shall be determined in accordance with the credentials approved by the Convention.

11.03.03 No local shall have representation in more than one Region. A Local whose jurisdiction crosses Region lines shall be assigned to the Region in which it maintains its Local headquarters, unless determined otherwise by the National Executive Board.

11.03.04 Expenses incidental to Region meetings shall be borne by the National Union. Expenses of Local delegates to Region meetings shall be borne by the Locals.

11.03.05 Region meetings shall have no policy making powers, but may, however, discuss and consider matters of common interest and concern.

Article 12 Local Unions

12.01 Charter

12.01.01 Upon application being properly made to the President of the National Union by not less than five (5) persons who are eligible for membership in the Local, a Charter may be issued for formation of a Local Union.

12.01.02 No Local Charter shall be issued which grants jurisdiction in conflict with that of another Local except as herein provided.

12.01.03 Newly organized groups of workers obtaining membership in the Union may be assigned to membership in an already existing Local Union when feasible, upon acceptance of the existing Local Union, or shall be issued a Charter as a new Local Union by authorization of the President.

12.01.04 An existing labour organization may apply by its appropriate Officers for affiliation with the Union. In order to accommodate such affiliation the President shall have the power to enter into special agreements affecting the assets and/or property of the applying labour organization, and to suspend temporarily the application of such provisions of this Constitution to the organization seeking to affiliate with the Union. Any such agreement shall be subject to final approval by the National Executive Board.

12.02 Jurisdiction Changes

12.02.01 The Convention or the National Executive Board by an affirmative vote of three-fourths (3/4) may change the jurisdiction of any Local Union, however, the National Executive Board shall not combine or merge Local Unions or their jurisdiction without the approval of the Local Unions involved.

12.02.02 Locals may combine or waive jurisdiction by an affirmative vote of a majority of those voting by referendum in each Local Union affected.

12.02.03 Any dispute between Local Unions over workplace jurisdiction must be referred to the Vice-President of the Region involved (Executive Vice-President in Quebec) for a resolution of the dispute, with the right of appeal to the National Executive Board, before it is referred to any process outside of CEP.

12.03 Trusteeship

12.03.01 The National Executive Board may appoint a temporary administrator to temporarily conduct the affairs of a Local after receiving a request from the Officers or membership of a Local for such action, or when the National Executive Board believes there is a controversy which adversely affects the welfare of the Local's membership in a manner which threatens the Local's existence, the welfare of the National Union, or the closing of a plant, which constitutes the sole jurisdiction of the Local, is imminent.

12.04 Causes for Revocation or Suspension of Charter

The Charter of a Local Union may be revoked or suspended by the National Executive Board for:

12.04.01 Failure or refusal to pay its per capita tax or meet any other financial obligation to the Union within sixty (60) days after it is due;

12.04.02 Refusing or neglecting to install a successor to any Officer removed by the Union;

12.04.03 Refusing or neglecting to make returns and reports required by the Union;

12.04.04 Refusing or neglecting to bring a member to trial within thirty (30) days after being directed to do so by the Union;

12.04.05 Resorting to a civil suit or criminal action against the Union or any Officer thereof before exhausting remedies within the Union organization;

12.04.06 Refusing or neglecting to conform or abide by any directions or decisions of the Convention or the National Executive Board;

12.04.07 Refusing or neglecting to conform to this Constitution or the policies of the Union as set forth by the Convention.

12.05 Procedure for Revocation

The Charter of any Local shall not be revoked until the Local has been given proper notice of the charges against it and an opportunity to be heard in its defense. The Local shall be given at least ten (10) days to prepare its defense after receiving notice from the Secretary-Treasurer of the Union of any charges. The hearing will be conducted before a member or members of the National Executive Board who shall be required to make a report and recommendations thereon to the National Executive Board. A vote of at least two-thirds (2/3) of the National Executive Board of the Union shall be required for a finding of suspension or revocation of a Charter or any other penalty that may be imposed. In the event penalties other than suspension or revocation are imposed, such findings shall state that if the Local fails to comply with the findings or to appeal within the allotted time, its Charter will be automatically revoked. The findings shall be published to all Locals.

12.06 Appeal of Revocation

12.06.01 A Local may appeal the findings of the National Executive Board to the next Convention by giving written notice to the Secretary-Treasurer of the Union within thirty (30) days after the publication of the findings of the National Executive Board of the Union. No findings shall become effective pending the disposition of the appeal.

12.06.02 A two-thirds (2/3) vote of the Convention shall be required to sustain the findings of the National Executive Board in the event such finding is appealed.

12.07 Responsibilities of Locals

The responsibilities of chartered Locals, their officers and members, in addition to those otherwise set forth in this Constitution or in their respective By-laws and Rules, shall be:

12.07.01 To represent the workers in their respective jurisdiction relating to Local matters;

12.07.02 To actively implement all Union programmes and policies;

12.07.03 To abide by this Constitution, the decisions of the Convention and the National Executive Board of the Union.

12.07.04 To adopt By-laws and Rules consistent with this Constitution and to repeal, amend or modify such Rules and By-laws as may be inconsistent therewith, voluntarily, or at the direction of the National Executive Board of the Union. Copies of Local By-laws and Rules shall be available upon request to any of the Local's members;

12.07.05 To establish such committees as may be necessary to implement the policies of the Local and the Union;

12.07.06 To participate actively in the political and legislative processes at all levels, with special regard to legislation affecting the welfare of the members and do all things reasonable and necessary to accelerate the adoption of laws which may be beneficial and to encourage defeat or cause the repeal of laws which may be detrimental to working people;

12.07.07 To provide for the bonding of five Local Officers who handle Union funds and property within limits established by the National Executive Board;

12.07.08 To hold Local meetings at such time, place and frequency as the members may decide by vote, with a minimum of four (4) meetings per year unless otherwise approved by the National President;

12.07.09 To hold Local elections by secret ballot with provisions of reasonable opportunities for all members to vote in accordance with the By-laws or Rules established by the Local and this Constitution;

12.07.10 To elect by secret ballot, unless stipulated otherwise in the Local's By-laws or Rules, delegates and alternate delegates to the Union Convention as provided in this Constitution and to designate the Chairperson of such delegation;

12.07.11 To establish a quorum and other rules of conduct of Local meetings;

12.07.12 To maintain adequate files and records and have made quarterly audits of the financial records of the Local by Local Union Trustees and/or other competent persons;

12.07.13 To make available Local financial statements to the membership at each Local meeting and furnish the Union's Secretary-Treasurer, in acceptable form, a quarterly financial statement;

12.07.14 To furnish the President of the Union and Vice-President of the Region with copies of the By-laws and Rules of the Local and copies of revisions as they may be made within thirty (30) days of approval by the membership for approval by the President's office;

12.07.15 To encourage participation of all Local Officers and Stewards in appropriate training schools and programmes;

12.07.16 To establish a programme designed to keep all members informed of Union activities;

12.07.17 To process grievances in accordance with their responsibility;

12.07.18 To maintain an active internal membership development programme;

12.07.19 To respect picket lines of any Local of the Union engaged in a strike authorized and conducted in accordance with this Constitution, unless otherwise authorized by the striking Local or the National Executive Board of the Union;

12.07.20 To do all other things necessary for the proper disposition of matters which may come before the Local for consideration.

Note:
All Locals are strongly urged to affiliate to the provincial Federation of Labour in which the Local headquarters is located and the Labour Council(s) in the Local's territory.

12.08 Contract Responsibility

No Local Union, its officers, agents or representatives, or the Officers, Agents or Representatives of the National Union shall have the power or authority to make any contract or incur any liability binding on the National Union without the written consent of the National President and the approval of the National Executive Board.

Assets

12.09.01 The assets of a Local Union are the exclusive property of the Local Union.

12.09.02 Membership in a Local Union shall not vest in any member any right, title or interest in the funds, property or other assets of the Local Union or the National Union.

12.09.03 In the event of a Local Union being disbanded the assets may only be disposed of by a majority membership vote at a duly constituted meeting provided at least thirty (30) days notice has been given.

12.10 Prohibition Against Incorporation

With the following exception, no Local Union shall be or become incorporated under the laws of any province, or country unless otherwise required by law.

In Qu�bec, any Local Union may avail itself of the provisions of the Act concerning the QFL in order to incorporate.

Article 13 Regional Councils

13.01 Regional Councils

13.01.01 In a Region where there is more than one chartered Local, a Council or Councils may be established by the Locals. Each Council shall be chartered by and be responsible to the National Union.

13.01.02 A Council shall consist of representatives of Locals within the geographic area of the Council and shall be directed by a Chairperson elected by the members of the Council. National Officers and staff shall have the right to attend all Council meetings and participate in all Council activities.

13.01.03 A Council shall operate under By-laws and Rules, which do not contravene this Constitution. A copy of the By-laws and Rules and any changes to them must be submitted to the National President for approval.

13.01.04 A Council shall be financed by participating Locals.

13.01.05 A Council shall operate primarily for the purpose of exchanging information and establishing voluntary programs for the advancement of the membership within the regional area. It shall have no policy making powers or administrative authority.

13.01.06 The National Union shall cooperate with a Council to encourage the participation of Locals in the Council.

Article 14 Elections

14.01 National Officers and Rank-and-File Board Members

14.01.01 The President, Secretary-Treasurer, and Vice-President - Media shall be elected separately by secret ballot by all delegates to the Convention. A majority of valid votes cast is needed in order to be declared elected to each one of these positions.

14.01.02 The Vice-Presidents shall be elected by secret ballot in Regional caucus at Convention. The delegates from the Local Unions in a Region shall nominate their Vice-President, as provided for in 8.08 and elect as set out in this Article. A majority of valid votes cast is needed in order to be declared elected.

14.01.03 The Administrative Vice-Presidents shall be elected separately by secret ballot in Regional caucus at Convention. The delegates from the Local Unions within a founding sector of the Union, in a Region, shall nominate their Administrative Vice-President(s) as provided for in 8.08 and elect as set out in this Article. The Administrative Vice-Presidents shall be from a different founding sector of the Union than the Vice-President for the Region. In Quebec they shall be from a different founding sector than the Executive Vice-President - Quebec and the Vice-President - Quebec.

Administrative Vice-Presidents shall be nominated, in the numbers required, by the delegates representing Local Unions from the eligible founding sectors of the Union and elected by all delegates representing Local Unions within the Region.

For greater clarity this means that candidates for Administrative Vice-President who are nominated under 8.08, and who are from the same founding sector of the Union as the newly elected Vice-President for the Region (Executive Vice-President - Quebec and Vice-President - Quebec in Quebec) shall automatically be disqualified as a candidate for Administrative Vice-President as soon as the Vice-President (Executive Vice-President - Quebec and Vice-President - Quebec) has been elected. Replacements for an Administrative Vice-President shall be made in the same fashion.

A majority of valid votes cast is needed in order to be declared elected.

14.01.04 The Executive Vice-President - Quebec and the Vice-President - Quebec shall be nominated by the delegates from Local Unions in the Quebec Region, as provided for in 8.08, and be elected by secret ballot as set out in this Article in a Quebec caucus by those same delegates. The Executive Vice-President - Quebec and the Vice-President - Quebec shall be from different founding sectors of the Union. A majority of votes is needed in order to be declared elected.

14.01.05 Rank-and-File Board Members and alternate Rank-and-File Board Members shall be elected by secret ballot in Regional caucus at Convention. The delegates from the Local Unions in a Region shall nominate, as provided for in 8.08, and 9.01 and elect as set out in this Article.

Rank-and-File Board Members and alternate Rank-and-File Board Members shall be nominated and elected by all delegates representing Local Unions within a Region. Delegates shall be required to vote for four (4) positions on each ballot, at least one of which shall be a woman. Rank-and-File Board Members and Alternates shall be elected by plurality vote. For greater clarity, this means that the four candidates with the most votes will be declared elected, provided that at least one of them is a woman.

In the event that four candidates run for the alternate Rank-and-File Board Member positions of a region, the order in which they shall be called upon shall be determined by the delegates of the region. At least one woman must be elected.

The Visible Minority Rank-and-File Board Member shall be nominated and elected by secret ballot vote in the Visible Minority caucus at Convention by delegates who have self-identified as a visible minority as provided for in 8.08 and 9.01, and elected as set out in this Article. Each delegate shall have one vote.

14.01.06 The term of office shall be from one regular Convention to the next regular Convention.

14.01.07 All employees of the Communications, Energy and Paperworkers Union of Canada will retire at age 65.

14.01.08 Any member in good standing shall be eligible to run for office. However, for any of the elections set out in 14.01.01, 14.01.02, 14.01.03 or 14.01.04 above, a majority of valid votes cast are required to win. If no candidate gets a majority on the first ballot, then a run-off election shall be conducted and the two nominees receiving the greatest number of votes on the first ballot shall be the nominees on the second ballot. If no one nominee receives a majority on the first ballot and there is a tie for second place, a run-off election shall be conducted and the person receiving the greatest number of votes on the first ballot and the persons who tied for second place shall be the nominees on the second ballot.

14.01.09 The results of the elections shall be announced at the Convention, and after the report of the elections is accepted by the Convention, the ballots shall be destroyed.

14.01.10 Elected Officers shall take office immediately after the installation of officers, and shall hold office until their successors are elected and assume office.

14.02 Order of Nomination and Election of Officers of the Union.

The sequence of nomination and election of Union Officers shall be as follows:

14.02.01 President

14.02.02 Secretary-Treasurer

14.02.03 Vice-President - Media

14.02.04 Nominations for Executive Vice-President - Quebec, Vice-Presidents, Administrative Vice-Presidents, Rank-and-File Board Members and Alternates will take place in that order in Regional caucus as per Articles 14.01.03, 14.01.04 and 14.01.05.

14.03 Local Officers

14.03.01 The Officers of a Local shall be at least a President, Vice-President(s) and Secretary-Treasurer or Secretary and Treasurer.

14.03.02 Each Local shall have an Executive Board consisting of the Officers and such additional members as the Local By-laws may provide.

14.03.03 A Local may also have a Business Manager(s) and/or Business Agent(s).

14.03.04 All Local Officers, Business Manager(s) and/or Business Agent(s) and members of the Executive Board shall be elected at least every three (3) years and shall hold office until their successors are elected and installed. Regular elections for full terms of all Local Officers and Executive Board members shall be conducted in compliance with applicable laws and this Constitution. Proxy or write-in votes shall not be counted.

14.04 General Provisions

14.04.01 Locals shall adopt By-laws or Rules to govern the nominations and election of officers, delegates and alternate delegates; the appointment, selection or election of stewards and committee members and the filling of vacancies. Locals shall select an election committee, which shall conduct all elections and referenda in accordance with the Constitution, Local By-laws or Rules and law. All questions concerning the conduct and challenge of elections shall be determined by the Election Committee.

14.04.02 Only members in good standing shall be eligible to vote or hold elective office. No elected officer of the Union or of a Local shall take office unless they are eligible under the Constitution.

14.04.03 The election by Locals of officers, delegates and alternate delegates to the Union Convention shall be by secret ballot among the members in good standing. The nominee in any election receiving a majority of the votes cast shall be declared elected, unless the By-laws or Rules of the Local concerned stipulate otherwise. Election of convention delegates and alternate delegates shall be in accordance with 8.06.03.

14.04.04 In the case of elections requiring a majority vote, if no nominees receive a majority on the first ballot, a run-off election shall be conducted and the two nominees receiving the greatest number of votes on the first ballot shall be the nominees on the second ballot. If no nominees receive a majority on the first ballot and there is a tie for second place, a run-off election shall be conducted and the person receiving the greatest number of votes on the first ballot and the persons who tied for second place shall be the nominees on the second ballot.

14.04.05 In the case of elections requiring a plurality vote, if a tie renders the election indecisive for any position, a run-off election shall be conducted and the nominees who tied for such positions on the first ballot shall be the nominees on the second ballot.

Article 15 Collective Bargaining

15.01 Contract Ratification

Any contract entered into through collective bargaining, or otherwise, dealing with wages, hours, terms of employment or other conditions of employment shall be subject to ratification by secret ballot of the members unless otherwise provided by law. Approval shall be by a majority of those voting.

15.02 Bargaining Authority

15.02.01 All major negotiations shall be supervised and coordinated by the National President. The President may designate the Secretary-Treasurer or another officer to act on behalf of the President for specific negotiations.

15.02.02 Where a number of Locals are in a bargaining group, or a multiple bargaining situation, the rules and ratification procedure shall be determined in advance and must be approved by the members affected through delegates representing them at a Convention, or by any other method approved by the National Executive Board.

15.02.03 All methods used to select bargaining committees shall ensure fair representation for all segments of the bargaining unit. Disputes over the method used shall be resolved by the National Executive Board.

15.02.04 The National Executive Board shall be empowered to determine national and/or regional bargaining strategy and they shall have the power and the duty to delay the ratification of a collective agreement if they deem that it would be harmful in negotiating a better settlement in a given sector, or for the Union as a whole, taking into account the Union's bargaining priorities.

15.02.05 Rules and regulations to cover co-ordinated bargaining procedures involving other Unions may be developed and instituted with the approval of the National Executive Board.

Article 16 Strikes and Defense Fund

16.01 Authorization

Strike action by a Local or group of Locals must have the prior approval of the National President and must be carried out in conformity with the provisions of this Constitution. A strike will not be approved if the National President or the President's designated representative is denied the right to assist the Bargaining Committee in trying to reach an agreement with the employer before striking.

16.02 Procedure for Local Strike Vote

In taking a strike vote Locals shall act in accordance with the following minimum requirements unless otherwise provided by law:

16.02.01 In the case of a single Local Union, which is not involved in a collective bargaining group, or multiple bargaining situation, consent to strike must be secured by a majority vote of the members present and voting and the vote must be by secret ballot cast at a regular or well advertised special meeting(s) of the Local Union. Where meetings cannot feasibly be called, a secret ballot shall be taken of the members, by mail or otherwise, to determine whether or not a strike shall be called.

16.02.02 In the case of Locals which are involved in a collective bargaining group or a multiple bargaining situation, consent to strike must be secured by:

16.02.02.01 A majority vote of the members present and voting by secret ballot at regular or well advertised special meetings, by a majority of the locals involved; or by
16.02.02.02 A majority vote of the members present and voting by secret ballot at regular or well advertised special meetings, of the total members voting in all locals involved.
16.02.02.03 Where meetings cannot feasibly be called in 16.02.02.01 or 16.02.02.02 above, a secret ballot shall be taken of the members, by mail or otherwise, on the question of whether or not a strike shall be called.

Each group of Local Unions involved in a collective bargaining group, or a multiple bargaining situation shall, prior to the start of negotiations, determine which of the strike vote procedures set out in this section shall be followed, and such procedure shall not be changed except by specific approval of the National Executive Board.

16.02.03 In the case of Locals or bargaining units, which are involved in a collective bargaining group which crosses industry lines and is national in scope, consent to strike must be secured by each Local or bargaining unit independently and in accordance with the format as decided by the groups participating.

16.03 Strike Assistance

The National Executive Board shall produce a Manual outlining the conditions and procedures for strike assistance and make it available to the Locals. Members on strike receive $150.00 on the fifteenth (15th) day of the strike or lock-out and $200.00 each seven (7) days thereafter.

16.04 Penalties for Unauthorized Strikes

16.04.01 Any member of a Local engaged in a strike, which is called in violation of this Constitution or without approval of the National Executive Board may be denied financial, organizational or other assistance from the Union.

16.04.02 Any member of a local participating in an illegal strike shall be denied financial assistance.

16.04.