AMALGAMATED TRANSIT UNION CANADIAN COUNCIL BY-LAWS       July 30th, 2005
Section	Table Of Contents	Page Number
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Appendix A	Name and National Office Affiliation Vision, Mission Statement, Objectives, Core Values Conferences Quorum Delegate Representation Delegates Voting, Speaking and Moving Motions Delegate to International Conventions Officers Election Duties of the Canadian Director Duties of the Executive Vice-Chair Duties of the Secretary to the Board Duties of the Executive Board Per Capita Tax Delegate Expense Expenses - Educational Seminars Council Expenses Resolutions Signing Officers Change of By-Laws Order of Business for Conference Order of Business for Executive Board Meetings Policy on No Harassment	1 1 1 2 3 3 4 5 5 6 7 9 9 9 10 10 10 11 11 12 12 12 13 14
1.00	NAME AND NATIONAL OFFICE
1.01	Amalgamated Transit Union Canadian Council, herein after referred to in these by-laws as Amalgamated Transit Union /ATU.
1.02	The Canadian Council office shall be located in the Greater Toronto area.
2.00	AFFILIATION
2.01	The Canadian Council shall consist of Locals of the Amalgamated Transit Union in Canada.
3.00	VISION, MISSION STATEMENT, OBJECTIVES, CORE VALUES
3.01	VISION The ATU Canadian Council’s vision is to be the central voice promoting the needs and well being of all Amalgamated Transit Union members across Canada. Our main goals are to represent the interests of our members and to raise their profile and the profile of the industry in which they work, be it public or private. The specific focus of our efforts is in response to the needs of our membership and evolving industry trends. We provide a central forum for: lobbying; on-going education of members; exchange of information between locals; and research, data collection and dissemination. We keep abreast of our membership’s needs through our annual conference and ongoing communication. The vision of the ATU Canadian Council will be carried forward by its Executive Board, staff and affiliated locals.
3.02	MISSION STATEMENT Established in 1982, the ATU Canadian Council is the highest authority and voice in Canada for the Amalgamated Transit Union on all issues of Canadian interest including Legislation, Political, Educational, Health and Safety, Cultural and Social Welfare matters.
3.03	OBJECTIVES To devise ways and means to assist Canadian Locals in the complete organization of all employees of the various transportation systems and all related industries in Canada where no organized body already exists. To strengthen and support present Locals of the Amalgamated Transit Union. To address and respond to the needs and desires of the Canadian Membership of the Amalgamated Transit Union in regards to the objectives of the International Union. To co-operate with our own Locals to form a strong bond of co-operation with the Federations of Labour and the Canadian Labour Congress within the Amalgamated Transit Union.
3.04	CORE VALUES We are guided in the way we conduct ourselves by our core values of loyalty, teamwork, compassion, credibility and accountability.
4.00	CONFERENCES
4.01	The annual Conference of the Canadian Council shall be held before the month of August in each year. The Executive Board of the Canadian Council will recommend to the delegates the City where the next Conference will be held, alternating East and West.
4.02	There shall be an Executive Board meeting held immediately prior to the Amalgamated Transit Union Canadian Council Conference for the necessary days required, as determined by the Canadian Director.
4.03	The Canadian Council office shall be responsible for the arrangements of all meetings or Conferences pertaining to the Canadian Council.
4.04	The Canadian Director of the Canadian Council will arrange with the Locals in any location the Conference is held to host a hospitality night, or any other functions the Local may want to sponsor during the Conference.
5.00	QUORUM
5.01	The quorum for all Canadian Council Executive Board meetings shall be four (4) members of the Executive Board.
5.02	The quorum for all Canadian Council Conferences shall be fifty percent (50%) of all registered delegates to the Canadian Council Conference.
6.00	DELEGATE REPRESENTATION
6.01	The basis of representation to the Conference shall be one delegate for each Local Union having three hundred (300) or fewer active members. A Local Union having three hundred and one (301) up to six hundred and fifty (650) members shall be entitled to two delegates. A Local Union having six hundred and fifty-one (651) up to nine hundred fifty (950) members shall be entitled to three delegates. A Local Union having from nine hundred fifty-one (951) up to twelve hundred and fifty (1,250) members shall be entitled to four delegates, and for each additional four hundred (400) members or a major fraction thereof, shall be entitled to one additional delegate.
6.02	In totalling membership, only those active members in good standing the month 90 days preceding the Conference are to be counted, with the exception of the Locals which represent School Bus Drivers which will be allowed to base their representation on the month with the highest number of members in good standing, anytime the preceding six (6) months. The same formula will be used to determine representation to the Conference.
6.03	Registration fee for delegates and alternate delegates shall be one hundred dollars ($100.00) per person which shall be paid at or before the Canadian Council Conference.
6.04	Locals in good standing may only invite visitors from their own local union, except as follows, any visitor outside their local union may only attend upon approval of the Canadian Director. Registration fee for visitors and spouses shall be fifty dollars ($50.00) which will be paid on or before the Conference.
6.05	Delegates status to the Canadian Council Conference shall be determined by per capita paid to the Canadian Council, 90 days prior to the conference. Any Local in arrears from the 90 day cut-off date of the previous year’s Conference until the 90 day cut-off of the current year’s Conference, will not be seated as delegates until all arrears have been paid in full. Any Local who cannot meet their obligations under this clause can apply to the Canadian Council Executive Board for exemption and this must be approved by the Conference before the delegates can be seated.
7.00	DELEGATES VOTING, SPEAKING AND MOVING MOTIONS
7.01	The Canadian Director of the Canadian Council shall, by virtue of his/her office, be an officer and delegate to the Canadian Council Conference for all purposes including elections, subject to Article 9.04.
7.02	Voting delegates shall be delegates as defined in Article 6.00. All delegates shall have one vote, there shall be no proxy voting, only delegates in attendance shall vote, there shall be no mail vote. Delegates only shall move and second motions. Non-voting attending Amalgamated Transit Union members shall have a voice, however, they shall not be allowed to move or second motions.
7.03	Guests who are members of the host Local who wish to take in the proceedings of the Conference without voice or vote may do so without having to pay a registration fee.
7.04	Retired Canadian International Vice-Presidents, General Executive Board Members at Large, retired Canadian Council Executive Board members, and past officers of the Canadian Council who are still members in good standing of the Amalgamated Transit Union shall be invited to attend all Canadian Council Conferences. They shall attend as guests and have a voice, but they cannot move or second motions, nor shall they have a vote.
8.00	8.00 DELEGATE TO INTERNATIONAL CONVENTIONS
8.01	The Canadian Director shall, by virtue of his/her office, be the Canadian Council delegate to the I.U. Convention and the election ballot shall so state.
9.00	OFFICERS
9.01	The Officers of the Canadian Council shall consist of Canadian Director, Executive Vice-Chair, Secretary to the Board and four (4) Executive Board Members.
9.02	The position of Canadian Director of the Canadian Council shall be an elected, full time position for a term of three (3) years.
9.03	Officers of the Canadian Council shall be elected as follows: Canadian Director, Executive Vice-Chair, Secretary to the Board, Two (2) Board Members, and two (2) alternates from Eastern Canada, Two (2) Board Members, and two (2) alternates from Western Canada. Eastern Canada shall be Ontario and East. Western Canada shall be Manitoba and West. Alternates will only assume the duties of Board Members at the time of a vacancy of a Board Member.
9.04	No Local Union shall be allowed to have more than one position, Officer or alternate on the Executive Board, excluding the Canadian Director.
9.05	Officers who retire from office voluntarily or through elections must turn over all files, records and materials with which they have been entrusted to the newly elected officers.
9.06	The outgoing officers of the Canadian Council shall be given suitable recognition, as determined by the Executive Board, in recognition of service to the Canadian Council.
10.00	ELECTION
10.01	Election of Officers to the Amalgamated Transit Union Canadian Council Executive Board will be held every three years at the Annual Conference of the Amalgamated Transit Union Canadian Council.
10.02	Candidate for office to the Canadian Council shall be Officers/Executive Board Members of their Local Union, their term of office shall be for three years, provided, however, that in the event that any member ceases to be an officer of his/her Local Union, his/her office in the Canadian Council shall be declared vacant, and such vacancy shall be filled at the next Canadian Council Conference for the unexpired term.
10.03	Delegates shall be entitled to nominate and vote for all elected positions.
10.04	The term of office of the Canadian Director shall commence ninety (90) days following the adjournment of the Canadian Council Conference.
10.05	When electing any Officers of the Canadian Council Executive, the Canadian Council will use the Plurality Ballot System (where two or more candidates are nominated for the same position, the candidate receiving the most votes shall be declared elected).
11.00	DUTIES OF THE CANADIAN DIRECTOR
11.01	The Canadian Director shall be the CEO of the Canadian Council and shall preside at all meetings of the Executive Board of the Canadian Council and shall chair all Canadian Council Conferences, and conduct same according to Roberts Rules of Order. He/she shall have the casting vote in case of a tie, but at no other time. He/she shall also sit as an ex-officio officer of all committees of the Canadian Council.
11.02	The Canadian Director shall be the Amalgamated Transit Union ranking officer in Canada and the representative on the Canadian Labour Congress Executive Council.
11.03	The Canadian Director shall appoint all Officers pro tem and submit same for the Executive Board approval between Conferences. All appointments to fill mid term vacancies shall reflect the East/West makeup of the Canadian Council Executive Board established by the election process, subject to the provision of Section 9.03.
11.04	The Canadian Director shall supervise and direct the business of the Canadian Council and its Officers between Conference meetings, in consort with the Executive Board.
11.05	The Canadian Director shall call a meeting of Canadian Delegates at the International Convention and the Canadian Labour Congress Convention to discuss proposed Resolutions and any other matters of importance which could affect the Canadian membership.
11.06	The Canadian Director shall, with the approval of the Executive Board, be responsible for the appointment of any additional staff needed for the operations of the Canadian Council. He/she will also direct and fix compensation for all administrative help necessary for the proper functioning of the Canadian Council.
11.07	The Canadian Director shall submit a comprehensive report on the Council activities for the year prior to the Canadian Council Conference at each Canadian Council Conference.
11.08	The Canadian Director will be the chief spokesperson on all issues pertaining to Canadian Council jurisdiction as per Section 46 of the Constitution and General Laws.
11.09	The Canadian Director shall be the only person to issue official statements on behalf of the Canadian Council unless otherwise directed by the Executive Board of the Canadian Council.
11.10	The Canadian Director shall be in charge of books, documents, files and effects of the Canadian Council which shall at all times be subject to the inspection of the Executive Board.
11.11	The Canadian Director shall maintain a one hundred fifty dollar ($150.00) petty cash account.
11.12	The financial books of the Canadian Council will be audited once a year by an accredited chartered accountant prior to the annual Conference of the Amalgamated Transit Union Canadian Council.
11.13	The Canadian Director shall prepare the financial status of the Canadian Council for each meeting of the Executive Board, with the exception of the Executive Board meeting immediately prior to the annual Canadian Council Conference where an audited statement must be presented.
11.14	The Canadian Director shall be bonded in such amount as may be determined by the Executive Board.
11.15	The Canadian Director shall issue the call for all Executive Board Meetings and Conferences. Copies of all Conference proceedings shall be forwarded to all Canadian Locals within sixty (60) days following any such Conference.
11.16	Any additional duties and responsibilities of the Canadian Director shall be established by the Executive Board of the Canadian Council.
12.00	DUTIES OF THE EXECUTIVE VICE-CHAIR
12.01	The Executive Vice-Chair shall assist the Canadian Director in his/her duties of the Amalgamated Transit Union Canadian Council, and shall act on his/her behalf when the Executive Board determines.
13.00	DUTIES OF THE SECRETARY TO THE BOARD
13.01	The Secretary shall keep an accurate account of all Amalgamated Transit Union Canadian Council Executive Board meetings, Canadian Council Conferences, and any other meetings as instructed by the Canadian Director or the Executive Board.
13.02	All minutes of all meetings will be submitted to the Canadian Director for printing and distribution within thirty (30) calendar days following any such meeting.
14.00	DUTIES OF THE EXECUTIVE BOARD
14.01	The duties of the Executive Board shall be to co-ordinate the efforts of the Amalgamated Transit Union Canadian Council. The Canadian Council Conference shall establish guidelines for the remuneration, expenses and duties of all officers of the Canadian Council.
14.02	When and if a recommendation for an appointment for an International position is sought by the International President, the Canadian Council Executive Board shall, in case of an emergency, call for a special Conference, otherwise the recommendation shall be made by the Executive Board of the Canadian Council to the next Conference of the Canadian Council for the delegates approval. ***NB*** The spirit of the East-West representation shall be maintained.
15.00	PER CAPITA TAX
15.01	The Per capita tax base in 2008 shall be two dollars ($2.00) per active member per month and be increased by the percentage of C.P.I. for Canada in January of each year based on the previous calendar year, or five cents (.05) per active member whichever is greater.
15.02	Per capita tax shall be submitted monthly to the Canadian Council office.
16.00	DELEGATE EXPENSE
16.01	It shall be the responsibility of each Local affiliated to the Canadian Council to be represented at the annual Conference of the Canadian Council by at least one delegate. Where a Local Union is unable to send a delegate due to financial constraints, upon written request to the Canadian Council with such proof, the Canadian Council will provide the lowest excursion air fare available or forty cents ($.40) per kilometre for use of automobile (the total which will not exceed the total air fare) plus ninety dollars ($90.00) per day per diem for three (3) days.
16.02	In accordance with the International Constitution and General Laws, it is the responsibility of each Local Union to attend the International Convention. Where a Local Union is unable to send a delegate due to financial constraints, upon written request to the Canadian Council with such proof, the Canadian Council will provide the lowest excursion air fare available or forty cents ($.40) per kilometre for use of automobile (the total of which will not exceed the total air fare) plus seventy-five dollars ($75.00) per day per diem for seven (7) days (plus exchange rate) less the amount that is provided for under Section 6.13 of the International Constitution and General Laws.
17.00	EXPENSES - EDUCATIONAL SEMINARS
17.01	The Canadian Council will subsidize 50% of the lowest air fare costs or automobile costs (kilometers/miles) for all Canadian ATU Locals who have to travel four hours or more driving distance to send one representative to any Council training or educational seminar, exclusive of the Canadian Council Conference, International Convention or any special Conference or Convention either of the two have.
18.00	COUNCIL EXPENSES
18.01	An honorarium of two hundred and fifty dollars ($250.00) per annum shall be paid to the Secretary to the Board.
18.02	For attendance at Executive Board meetings the Executive will be paid hotel rate for single accommodation plus seventy-five dollars ($75.00) per day per diem and economy air fare or forty cents ($.40) per kilometre for use of automobile (the total of which will not exceed the total air fare).
18.03	Upon request of the majority of the Executive of the Amalgamated Transit Union Canadian Council a special meeting of the Executive shall be called and such expenses as are deemed necessary to members of the Executive shall be paid.
18.04	The Canadian Director shall receive seventy-five dollars ($75.00) per day per diem for any function of one (1) day or more away from the Canadian Council office. In addition he/she shall receive forty cents ($.40) per kilometre for the use of automobile while on Canadian Council business. He/she shall receive reimbursement for any other expenses incurred in carrying out his/her duties.
19.00	RESOLUTIONS
19.01	Resolutions shall be submitted to and received by the Canadian Director of the Canadian Council no later than sixty (60) days prior to the Conference meetings.
19.02	All Resolutions submitted to the Amalgamated Transit Union Canadian Council shall be tabled at Day One of the Conference with and Executive Board recommendation and discussed and voted on at Day Two.
20.00	SIGNING OFFICERS
20.01	Signing Officers shall be the Canadian Director and any other officer of the Canadian Council as authorized by the Executive Board of the Amalgamated Transit Union Canadian Council.
21.00	CHANGE OF BY-LAWS
21.01	All requests for changes must be submitted to and received by the Canadian Director of the Canadian Council no later than sixty (60) days prior to the Conference meetings.
21.02	A Local submitting a by-law change or addition must first get approval for the change or addition from their Local Union.
22.00	ORDER OF BUSINESS FOR CONFERENCE
22.01	Call to order by Canadian Director Opening of Conference by the Host Local Appointment of Committees Appointment of Sergeant-at-Arms Reading and Adoption of Minutes Financial Report and Audit Correspondence Canadian Director's Report Report of Board Members Committee Reports Unfinished Business Nominations and Elections Installation of Officers New Business Good and Welfare Adjournment
23.00	ORDER OF BUSINESS FOR EXECUTIVE BOARD MEETINGS
23.01	Call to order by Canadian Director Reading and Adoption of Minutes Canadian Director's Report Financial Report Report of Officers and Committees Correspondence Unfinished Business New Business Good and Welfare Adjournment
Appendix A
AMALGAMATED TRANSIT UNION CANADIAN COUNCIL POLICY ON NO HARASSMENT
The ATU Canadian Council wants to provide a harassment free environment at all ATU activities. We have democratically passed tough, meaningful, anti-sexual and anti-racial harassment policies at Canadian Council Conferences of our Union. They are not just words. We take them seriously. We have and will act on them as well as any other form of harassment. Mutual respect must be the basis of interaction among trade unionists in addition to co-operation and understanding. The ATU will neither tolerate nor condone behaviour that is likely to undermine the dignity or self-esteem of an individual, or create an intimidating, hostile or offensive environment. Harassment is not a joke. It is cruel and destructive behaviour that creates feelings of uneasiness, humiliation and discomfort. It is an expression of perceived power and superiority by the harasser(s) over another person, usually for reasons over which the victim has little or no control; sex, race, age, creed, colour, marital status, sexual orientation, disability, political or religious affiliation, or place of national origin. Harassment can be defined as any unwelcome or unwanted action by any person, whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades. Any "unwelcome" or "unwanted" in this context means any actions which the harasser under any circumstances knows or ought to know, are not desired by the victim of the harassment. Prohibited grounds under the federal and provincial human rights acts/codes include: race, ancestry , national or ethnic origin, citizenship, creed, colour, religion, age, sex, sexual orientation, marital status, same-sex partnership status, family status, disability, record of offences, and conviction for which a pardon has been granted. For the purpose of this policy, racial and sexual harassment is defined as follows: Racial Harassment: 1. Any unwelcome or unwanted comments, racist statements, slurs, and jokes. Racist graffiti, and literature including articles, pictures and posters. Sexual Harassment: 2. Any unwelcome or unwanted attention of a sexual nature or a gender-related nature, such as remarks about appearance or personal life, offensive written or visual actions like graffiti or degrading pictures, physical contact of any kind, or sexual demands. There are two principles that are fundamental to the trade union movement; human rights and solidarity. Harassment strikes at the heart of both. As trade unionists we must work to protect rights, not take them away. Trade union principles prohibit us from infringing on the human rights of others, and oblige you to stand with victims and to protect human rights when others attack them. The ATU Canadian Council considers harassment of any kind a serious offence. Complaints of harassment at activities of the Union will be investigated. A substantiated complaint will result in the removal of the harasser from the event. A letter outlining the reasons for the removal will also be sent to the appropriate local union. Procedure 1. Confidentiality will be respected throughout. 2. At each function of the Canadian Council this policy will be brought to the attention of the delegates as one of the first orders of business. The participants at the function will select a three (3) person Committee that will hear any complaints that arise at the function. 3. If a participant believes they are being harassed at the function and wants help then: a) The complainant, accompanied by a supportive sister or brother (if they choose) shall approach a member of the Committee at the function. b) The Committee will immediately investigate the problem. The Committee may take action necessary to stop the harassment up to and including removal of the harasser from the function. c) An incident involving the removal of a harasser must be recorded and brought to the attention of the Canadian Director of the Council. d) Should the findings or decisions of the Committee not be satisfactory to the parties involved, the appeal procedure in the Amalgamated Transit Union Constitution and General Laws will apply. ufcw:175