|
|
|
| By-LawsSection Index:
1. NAME1.1 The Association shall be called the LAKEHEAD UNIVERSITY FACULTY ASSOCIATION, hereinafter referred to as 'the Association'. 1.2 The abbreviated form of the name shall be LUFA. 2. PURPOSES2.1 The purposes of the Association are to promote the professional interests of its members, to protect academic freedom and tenure, to negotiate and monitor employment relations between the academic staff and librarians and the Board of Governors of Lakehead University, and to endeavour to obtain and preserve adequate conditions of salary, financial security and employment. 2.2 The Association is the certified bargaining agent under the Ontario Labour Relations Board for faculty and professional librarians at Lakehead University. 2.3 The Association is committed to cooperation with OCUFA, CAUT and other associations of university teachers and researchers, and to dealing with other matters in the interests of the Association or its members. 3. COLLECTIVE AGREEMENT3.1 In the event of conflict between the Collective Agreement, as ratified by the membership, and these By-laws, the Collective Agreement shall take precedence while the latter is in force. On the lapsing of the Collective Agreement, precedence shall revert to these By-laws. 4. MEMBERSHIP4.1 Membership of the Association is open to all faculty members, professional librarians or other academic support personnel employed at Lakehead University who fall within any membership definitions of certificates of unionization or who are otherwise approved by the Executive Committee. 4.2 The terms 'member' and 'membership' as used in these By-Laws refer to members of and membership in the Association, unless otherwise specified. 4.3 Membership of the Bargaining Unit consists of all employees at Lakehead University in the City of Thunder Bay who are members of the full-time academic staff with the academic rank of Lecturer, Assistant Professor, Associate Professor or Professor, or Sessional Lecturer teaching two or more full course equivalents or having eighteen or more contact hours per week of field instruction during the academic year provided they are teaching, or who are full-time professional librarians meeting the criteria set out in Article 13.04 of the Collective Agreement, employed by Lakehead University in the City of Thunder Bay, save and except the President, Vice-Presidents, Deans, the Chief Librarian and persons above the rank of Chief Librarian, individuals holding administrative positions where more than fifty per cent of their salary at the University is received for their administrative functions, Research Associates, Research Assistants, Post-Doctoral Fellows and academic staff employed at Lakehead University while on leave from other employers. 4.4 All members of the Bargaining Unit who have indicated in writing that they wish to be members of the Association are members of the Association. 4.5 Academic support personnel who are employed at Lakehead University or other academic personnel may be granted membership by the Executive Committee. 4.6 Members of the Bargaining Unit are jointly members of OCUFA and CAUT, if otherwise eligible. 4.7 Faculty members who are excluded from the Bargaining Unit may elect, in writing, to be members of the Association; in which case they will pay their dues directly to the Association. 4.8 A member or former member who has retired from Lakehead University has the right to enrol as an emeritus member by completing the required enrolment form and by paying annual dues, as established under Article 12.4, at the commencement of emeritus membership and each year thereafter. 4.9 Emeritus members may attend and speak at meetings. They may move, second and vote on motions that concern emeritus matters. Emeritus members may be elected or appointed to any office not reserved for members of the Bargaining Unit. 5. OFFICERS5.1 The elected officers of the Association are the President, the Vice-President, the Secretary and the Treasurer. The immediate Past-President is an officer ex-officio. 5.2 All officers must be members of the Association and of the Bargaining Unit. 5.3 The President is responsible for the overall supervision and administration of the affairs of the Association and ensures that all policies and actions approved by the general membership or by the Executive Committee are properly implemented. The President presides at general meetings of the Association (unless another member has been invited by the President to take the chair) and also chairs meetings of the Executive Committee. 5.4 The Vice-President fulfils the duties of the President when that person is temporarily absent or otherwise unable to perform the duties of that office. The Vice-President also performs specific duties assigned by the President, the Executive Committee, or the general membership. 5.5 The Past President is available to undertake any special duties assigned by the President, the Executive Committee or the general membership. 5.6 The Secretary is responsible for general correspondence and for internal communication within the Association. The Secretary issues notices and agenda, and prepares, maintains and distributes minutes for meetings of the general membership and of the Executive Committee. 5.7 The Treasurer is responsible for the care and custody of the funds and other financial assets of the Association and for making payment for all approved expenses incurred by the Association. The Treasurer maintains books of the accounts which shall be made available for inspection by members at any reasonable time upon request. At the first General Meeting of each academic year, the Treasurer shall present an audited account of the finances of the Association and a budget for the following year, which shall include any consequent recommendations for changes in the annual dues paid by members. 5.8 The President and the Treasurer shall report on their activities at each regular meeting of the Executive Committee and at each General Meeting of the Association. They shall report on the year's activities at the Annual General Meeting, which report shall be circulated in writing to all members. 5.9 Elected members assume office on July 1 and serve until June 30. 5.10 All officers, elected members of the Executive Committee and all members of standing committees shall remain in office until their elected successors assume office, unless they resign or are removed from office by a two-thirds vote of the body that elected them. Proper notice must be given of a motion to remove a person from office and the individual concerned shall be given an opportunity to speak before such a motion is put to the vote. 6. EXECUTIVE COMMITTEE6.1 Members of the Executive Committee are the President,
Vice-President, Past-President, Secretary, Treasurer, Chairs of all standing
committees, Chief Grievance Officer, Chief Negotiator, Association
representatives to the Boards and Committees of OCUFA and CAUT, OCUFA Collective
Bargaining Committee representative, Defence Fund Trustee and the Status of
Women representative, all ex-officio, and two Members-at-Large, elected
for staggered two-year terms by and from the members of the Association who are
members of the Bargaining Unit except members of the Board of Governors.
Committee chairs who are not members of the Bargaining Unit may move, second,
and vote only on motions that concern their respective committees.
Elected members assume office on July 1 and serve until June 30.
Elected Members-at-Large may not serve for more than a maximum of two
consecutive two-year terms.
6.2 The Executive Committee is empowered to invite other members of the Association to attend its meetings and to receive its minutes, but not to move, second or vote on motions. 6.3 The President acts as Chair of the Executive Committee. 6.4 The Executive Committee shall take the initiative in preparing policies and actions for consideration and possible action by the general membership. It is responsible for the implementation of all resolutions passed at General Meetings of the membership and for management of the affairs of the Association between general meetings. It is responsible for the appointment of LUFA representatives to internal and external bodies and, in consultation with the Chief Negotiator, for the appointment of the negotiating team for the Bargaining Unit. 6.5 The actions of the Executive Committee shall be subject to the provisions of the Collective Agreement, these By-laws, resolutions of the general membership and the established Rules of Procedure. All actions of the Executive Committee are subject to amendment or rescission at a general meeting of the membership. 6.6 The Executive Committee shall meet at least once a month from September to May inclusive and at such other times as is required. Meetings of the Executive Committee are called by the President, who is also responsible for the preparation of the agenda. The Executive Committee shall also meet at the written request of any four of its members and within five working days of the receipt of such a request. Members of the Executive Committee shall be given at least two working days notice of Executive Committee meetings. 6.7 A quorum of the Executive Committee shall be seven members. 7. GENERAL MEETINGS7.1 The general membership shall retain all powers of the Association except those designated in these By-laws to the Executive Committee. 7.2 General meetings shall be called by the Secretary on the advice of the Executive Committee. 7.3 There shall be one general meeting in September or October, one in November or December, one in January, February or March and one in April or May. Other general meetings may be called as required. 7.4 Notice of general meetings, with an agenda, shall be sent to all members at least six working days before the day of the meeting. 7.5 The April/May general meeting shall be called the Annual General Meeting, and is the occasion for the election of officers, members of the Executive Committee and of other committees. 7.6 Motions from members shall be included in the agenda circulated for a general meeting, if they are received by the Secretary at least ten working days before the agenda is due to be circulated. 7.7 Special general meetings of the Association are called either by the Secretary on the advice of the Executive Committee or by any ten or more members of the Association. 7.8 A special general meeting must be called within ten working days of the receipt by the Secretary of a written request, stating the purpose of the meeting and signed by the members requesting it. 7.9 Notice of special general meetings, with an agenda, shall be sent to all members at least six working days before the day of the meeting. 7.10 A special general meeting can consider only the matters specified in the agenda for that meeting. 7.11 Quorum for all general meetings is twenty-five members, twenty of whom to be members of the Bargaining Unit. 7.12 In the event that a general meeting, called according to the requirements of the By-Laws, fails to achieve quorum within 30 minutes of the stated starting time, the Executive Committee shall be empowered to make such decisions as are necessary for the management of the Association until the next general meeting; subject to the provisions of Article 6.5 and excluding any motions under Article 14. 8. COMMITTEES8.1 The following standing committees shall be established to facilitate the achievement of the purposes of the Association: (a) Benefits Committee (b) Emeritus Members Committee (c) External Relations Committee (d) Librarians Committee (e) Nominating Committee (f) Pension Committee (g) Contract Lecturers Committee (h) Physical Environment Committee 8.2 Terms of reference for standing committees shall be prepared by the Executive Committee and put before the membership for approval at a general meeting. These terms of reference may be amended by approval of an appropriate motion at any subsequent general meeting, provided that notice of such motion is included in the agenda circulated for the meeting. 8.3 Ad hoc committees may be established by approval of a motion at a general meeting or at a meeting of the Executive Committee. Motions to establish ad hoc committees shall contain appropriate terms of reference. 8.4 Terms of reference for all committees shall include, without being limited to, the following: (a) the status of the committee (standing or ad hoc) (b) the overall purpose (c) any specific directives, defining goals or tasks (d) the relationship to any other overlapping activities of the Association (e) times and methods for reporting (f) the composition, including statements on any designated observers (g) terms of office for members of standing committees and limits on successive terms if different from those stated in the By-laws (h) the method for the election of new members and for filling casual vacancies (i) the method for election or appointment of the chair 8.5 Committee members elected at the Annual General Meeting assume office on July 1 and serve until June 30. No committee member may serve more than three consecutive terms on any one committee. 8.6 A quorum for any committee shall be a majority of the voting members of the committee. 8.7 Copies of the minutes of all committees shall be sent to the LUFA Office as soon as approved. 9. REPRESENTATIVES9.1 The LUFA representatives to CAUT and OCUFA, the Trustee of the CAUT Defence Fund and the LUFA Status of Women Representative, all of whom shall be members of the Bargaining Unit, shall report at each meeting of the Executive Committee. 9.2 All other LUFA representatives to internal or external bodies shall report on the year's activities at the Annual General Meeting, which report shall be circulated in writing to all members. They shall report at other meetings as appropriate. 9.3 Except as provided in Article 9.6, no action of any LUFA representative shall take effect until ratified by the Executive Committee, except for such issues where the power to act has been delegated to the representative by the Executive Committee or by the general membership. 9.4 The Executive Committee may at any time, with notice of at least six working days, request a report from any representative. 9.5 The representatives to CAUT and OCUFA and the trustee of the CAUT Defence Fund, are all considered to have been delegated the power to act on behalf of LUFA, except for such issues where the power to act has been reserved to the Executive Committee or the general membership. 9.6 LUFA representatives are appointed annually and serve from July 1 to June 30. 10. LIAISON MEMBERS10.1 There shall be one Liaison Member for each Department and School (or Faculty where there are no Departments or Schools) to advise the Executive Committee and, upon request, any other LUFA Officer, representative, or committee on matters of importance to the Liaison Member's Department, School or Faculty. 10.2 Liaison Members shall also act as communications links between the Association and Departments, Schools and Faculties in the event of a strike. 10.3 Liaison Members are expected to attend General Meetings on behalf of their Departments, School or Faculties; or to make every effort to see that a substitute Representative attends. 10.4 Liaison Members are appointed annually and serve from July 1 to June 30. 11. CHIEF GRIEVANCE OFFICER AND CHIEF NEGOTIATOR11.1 The Chief Grievance Officer and the Chief Negotiator shall report at each meeting of the Executive Committee. The Chief Grievance Officer shall report in such a way as to maintain as much confidentiality as is practicable. 11.2 The Chief Grievance Officer is delegated the power to act in the pursuit and settlement of grievances, save that any expenditure of LUFA money beyond that needed for basic legal consultation must be approved by the Executive Committee. 11.3 The Chief Negotiator advises the Executive Committer, or any other committee or representative on request, on matters of interpretation of the Collective Agreement. 11.4 The Chief Negotiator is responsible for selecting the Negotiating Team in preparation for contract negotiations. The composition of the Negotiation Team must be brought to the Executive Committee for approval. 11.5 The Chief Grievance Officer and the Chief Negotiator are appointed annually and serve from July 1 to June 30. 12. ELECTIONS12.1 Nominations for all elected officers and for all elected committee members whose terms are about to expire shall be made by the Nominating Committee at least fifteen working days before the Annual General Meeting in a report sent to all members. Additional nominations may be made from the floor at the meeting. 12.2 Vacancies that occur between Annual General Meetings shall be filled by vote at a general meeting, provided notice of the vacancy and the need for a vote has been given in the agenda for the meeting. 12.3 Only members of the Association are eligible to serve as officers or members of any committee. 12.4 Only members of the Association present at the relevant meeting are eligible to vote. 12.5 Elections for contested positions will be by written vote. Unopposed nominations are declared elected by acclamation. 12.6 In an election for a contested position, a candidate must receive a majority of the legal votes cast to be elected. 12.7 If the number of candidates receiving a majority of legal votes cast is equal to the number of positions to be filled, then the election for these positions is completed. 12.8 If that number is less than the number of positions to be filled but not zero, then those nominees receiving a majority are declared elected and another ballot is conducted among the remaining candidates to fill the remaining positions. 12.9 If that number is zero, the candidate receiving the fewest votes shall be removed from the list and another ballot conducted. 12.10 The names of all Association representatives and committee members appointed by the Executive Committee shall be presented in writing at the Annual General Meeting for ratification by the general membership. 13. RATIFICATION OF COLLECTIVE AGREEMENTS13.1 Collective Agreements with the Board of Governors shall be ratified by a ballot vote by a procedure determined by the Executive Committee and in accordance with Ontario Labour Relations law, except that in July or August, or in the event that a meeting called to ratify a Collective Agreement fails to reach a quorum, the Executive Committee may order a ballot vote by mail. 13.2 For a ballot vote by mail, bargaining unit members must have at least ten working days to return the ballot. The procedure used must ensure voting secrecy. A bargaining unit member's mailing address is considered to be the University Department or School used in other Association mailings, unless the Association has been notified in writing of an alternate address. 13.3 The decision whether to ratify a Collective Agreement shall be determined by a majority of valid votes cast. 14. FINANCES14.1 The financial year of the Association shall be from July 1 to June 30. 14.2 All members of the Bargaining Unit pay dues according to the Collective Agreement. The Association portion of dues is set annually by the Association; OCUFA, CAUT and Defence Fund fees are set by those organizations and are levied on all members in the Bargaining Units. 14.3 Dues payable by members on Disability Leave shall be sixty per cent of normal dues. Dues payable by members on Leave of Absence Without Pay shall be fifty per cent of normal dues. Members on partial Leave shall have their dues prorated by the Executive Committee from a minimum of fifty per cent of normal dues. 14.4 Dues payable by emeritus members shall be established by the Executive Committee and reviewed annually. These dues shall be based on the minimum amount needed to cover the administrative costs of servicing the emeritus membership. 14.5 In the event that no automatic payroll deduction takes place, members are responsible for paying their dues directly to the Association. 14.6 Cheques to disburse funds of the Association shall bear the signature of any two of the President, Vice-President, the Treasurer or one other member of the Executive Committee designated by approval of an appropriate motion of this Committee. 14.7 The financial records of the Association shall be audited by a qualified Auditor, appointed for such a purpose by the Executive Committee, prior to the presentation of the Treasurer's report. 15. RULES OF ORDER15.1 The most recent edition of Roberts Rules of Order shall govern the Association in all procedural matters not contained in these By-laws. 15.2 The Chair may only cast a vote at a general meeting in order to break a tied vote. The chair of a committee votes at the same time as other members and does not vote a second time in order to break a tied vote. 15.3 Approval of all motions shall require a majority of votes cast, unless otherwise stated in these By-laws or in the Rules of Order referred to in Article 15.1. 15.4 Voting by proxy is not permitted. 16. AMENDMENTS16.1 These By-laws may be amended by approval of a motion by a majority of votes cast at a general meeting. 16.2 Notice of the intention to amend the By-laws must be sent to members at least fifteen working days before the date of the meeting at which the vote is to be held. Any proposed amendment should be in such a form that, if adopted, it may be incorporated directly into the By-laws. Approved: January 1990 Amended: January 1992 Amended: April 1993 Amended: May 1995 Amended: December 1996 Amended: May 2002 Amended: May 2003 Amended: May 2004 Amended: December 2004 |
Back To Section Index