ATU ByLaws

( as last amended, May 2010 )

Local 1724 of the

Amalgamated Transit Union

atu logo

Preamble

These bylaws apply to members of Local 1724. Unless otherwise indicated, all words in these bylaws in the singular and words in the masculine gender shall be deemed to include the plural and the feminine gender.

1.00 Name

1.01  This local shall be known as Local 1724 of the Amalgamated Transit Union Vancouver B.C. Local 1724's jurisdiction is, but not limited to, all HandyDART operations within the Lower Mainland of B.C.

2.00 Qualifications for Membership

2.01  Qualification for membership shall be in compliance with applicable Sections of the International Constitution.

3.00 Membership in the local

3.01  An initiation fee of $50.00 will be deducted from each new members first paycheque.

4.00 Officers

4.01  The table of Officers of the local shall be the President/Business Agent, the Vice President, and the Financial Secretary/Recording Secretary/Treasurer.

5.00 Executive Board

5.01  The executive board will consist of :

  1. Two drivers from SOFA
  2. Two drivers from NOFA
  3. One Office Worker
  4. One Casual Worker

(SOFA - South of Fraser Area, NOFA - North of Fraser Area)

6.00 Duties of Officers

Duties of Officers shall be in accordance with International Constitution. Sections 13.09 to 13.13

7.00 Duties of the Executive Board

Duties of Officers shall be in accordance with the International Constitution. Sections 13.14 and Sections 13.15

8.00 Contract Negotiations

All Negotiation Committee members shall be appointed by the President/Business Agent and approved by the Executive Board. The President/Business Agent shall be Chairman and Chief Spokesperson for all negotiation committees for all Collective Agreements covered by this local union's jurisdiction.

9.00 Committees

9.01The President/Business Agent, with the approval of the Executive Board, shall appoint all committees of the Local, which may include, but not be limited to: a Health and Welfare Committee, a Safety Committee, a Public Relations Committee, a Pride Committee, a Human Rights Committee, a Casual Workers Committee, any needed Strike Committees, a Political Action Committee and any other committees required under the law.

10.00 Chief Stewards and Job Stewards

Job Stewards or Shop Stewards, if required will be appointed by the President/ Business Agent, subject to the approval of the Executive Board and shall assist the Table Officers and Executive Board in the handling of grievances. Their tenure shall be for such a period determined by the President/Business Agent, subject to the approval of the Executive Board.

11.00 Duties of members

11.01It is the duty each member to regularly attend the meetings of the local and to assist the Officers in the discharge of their duties by strictly adhering to his or her obligation and by obeying the Constitution and bylaws of the Union.

11.02No member shall injure the interest of a fellow worker by undermining him in place, wages, crossing any picket line or through any other wilful act by which the reputation or employment of any member may be injured.

11.03All members other than the proper Officers of the Local are forbidden to constitute committees, to adjust grievances or to do business of any kind affecting the Local.

11.04Members wishing to hold a meeting to discuss matters affecting their department shall notify the President/Business Agent, who shall, in conjunction with the Executive Board Member of such department appoint a time and place for such meeting.

11.04Any member unnecessarily interrupting or retarding the business of any meeting of this local or acting disrespectfully to any Officer or member (unless making an apology satisfactory to the Local) shall at the discretion of the Local, be subject to ejection from the meeting and not permitted to return to that session. Any repetition of the offence shall be subject to any penalty the Local may deem necessary in that particular case.

11.04Members wishing to hold a meeting to discuss matters affecting their department shall notify the President/Business Agent, who shall, in conjunction with the Executive Board Member of such department appoint a time and place for such meeting.

11.04( Deleted, May 2010 ).

11.04( Deleted, May 2010 ).

11.04Local Picket Policy. All members to adhere to the B.C. Federation of Labour picket policy and to Sections 19.8 and 19.9 of the International Constitution.

12.00 Meetings

12.01Ten (10) members including the President/Business Agent shall constitute a quorum for the transaction of business at the regular monthly meeting of the Local. The quorum for the charter meeting will be counted as per section 13.3 of the Constitution and General laws. The quorum will be counted at the posted start time for the meeting. If there is no quorum, the meeting will step down for fifteen (15) minutes. Once this time has elapsed the quorum will be taken.

Three (3) Executive Board members plus the President/Business Agent shall constitute a quorum at the Executive Board meeting.

The Local's monthly Charter Meeting shall be held at such time and place as the local determines and shall be held usually on the same day of each month at 19:00 hours in Metro Vancouver. Business conducted at the Executive Board meeting shall be presented to those members at the Charter Meeting.

Should the regular monthly meeting be adjourned for lack of quorum, all those in attendance and signing the roll book shall be given credit for attendance at the meeting for the purpose of eligibility for office. All members in attendance at the Charter Meeting must sign the roll book for the purpose of the meeting accreditation for election purposes.

Note: A member recognized in the meetings minutes also establishes attendance.

12.03In the event the regular monthly meetings are not held for lack of quorum, all actions of the Executive Board which would have been reported to the membership at the meetings shall become final and binding upon the Local without further action by the membership.

Any motion initiated at any meeting other than the Charter Meeting shall be referred to the next monthly charter meeting for initial action.

12.04Should the regular monthly meetings fall on a statutory holiday, the meetings shall be scheduled, in advance, to be held one week earlier.

13.00 Assessments

13.01Special assessments may be levied by taking the same course as an amendment to the bylaws. The notice of motion shall have first reading at the regular monthly meeting of the Local and shall be posted on all depot notice boards. After second reading at the next meeting of the local, a vote will be taken on the same and a two-thirds (2/3) vote of the members voting at the meeting will be required for adoption. Action on special assessments may be taken at any two consecutive meetings, regular or special.

13.02Members of this Local shall pay the regular dues as established by this Local based on the following formula: 1.8% of members’ regular earnings or a minimum of $25.00 per pay period, whichever is greater. Dues shall be adjusted to reflect the rising costs and wages in the Local. The amount of adjustment shall be such as suggested by the Executive Board and approved by two-thirds (2/3) majority of the members present and voting at the Local's charter meeting following proper posting as in 13.01 above.

13.03A member allowing himself to become suspended from membership shall be required to reinstate himself by applying to the President/Business Agent and paying all back dues and assessments, as defined in the applicable section in the International Constitution and General Laws.

13.04All dues and assessments must be paid after proper notification from the Union Office.

13.05Long term sick members or members on the recall list not in receipt of full wages will pay per capita tax per month as union dues plus a service charge as determined by the membership. Members in receipt of WCB payments will pay full union due of $25.00 per pay period to the Local.

14.00 Donations

14.01( Deleted, May 2010 ).

14.0.2Any donations made from the membership require the sanction of the Officers and Executive Board and must be subsequently approved at the regular monthly Charter meeting. If the donation is of such a nature that it must be done on a short period of time, the President/Business Agent and Executive Board have the authority to authorize the donation and to report same to the next regular monthly meeting.

15.00 Local Grievances

15.01Any member or members desiring to lay a grievance before this local shall do so in writing. The grievance must be signed by the griever. No member can claim the right to present grievances in any other manner.

15.02All trials and appeals shall be conducted in conformity with the applicable section of the International Constitution.

16.00 Nominations, Eligibility and Elections

16.01Nominations for convention delegates shall take place at the same time as the regular nomination of Officers.

16.03Nomination, Eligibility and Elections shall be in accordance with the International Constitution, Section 14.

16.03 - 16.09( Deleted, May 2010 ).

16.10Candidates for any elected office will be asked to provide a brief biography of no more than five hundred (500) words and/or a brief policy statement of no more than five hundred (500) words. The above two statements are not to exceed one thousand (1000) words. Deadline for the submission of the candidates material is the day following the nomination meeting. All biography and policy statements will be mailed with the ballots.

16.11Executive Board members shall be elected as follows:

  • Two drivers from SOFA shall be nominated and voted on to sit on the Executive Board only by those drivers currently working in SOFA.

  • Two drivers from NOFA shall be nominated and voted on to sit on the Executive Board only by those drivers currently working in NOFA

  • One Casual employee shall be nominated and voted on to sit on the Executive Board only by the Casual employees.

  • One Office Worker shall be nominated and voted on to sit on the Executive Board only by the Office Workers.

16.12The offices of President/Business Agent, Vice President and Financial Secretary/Recording Secretary/Treasurer shall be nominated and voted upon by the entire membership of Local Union 1724, which includes retirees who are in good standing with the local.

The Employer may schedule up to twenty percent (20%) per depot of the regular shifts as compressed work weeks of four (4) days at nine (9) hours and (30) thirty minutes a day. Article 6.06.1 shall not apply to compressed workdays, with overtime being paid as follows:

17.00 Voting Procedure

17.01( Deleted, May 2010 ).

18.00 Honorarium

18.01If a unanimous decision is reached between the three Table Officers of Local 1724, honorariums may be distributed for those attending to union business. Any and all honorariums will be reported to the Executive and recorded in the monthly financial report.

19.00 Salaries of Officers

19.01The President / Business Agent will receive an hourly rate equal to the top rate in the Collective Agreement + 15% for all hours devoted to union business. Future increases will be based on the same percentage or flat rate increase as the General Membership receives. The Vice President or any member of the Executive Board substituting for the President shall receive the above rate.

19.02The Financial Secretary will receive an hourly rate equal to the top rate in the Collective Agreement + 15% for all hours devoted to union business. Future increases will be based on the same percentage or flat rate increase as the General Membership receives. The Vice President or any member of the Executive Board substituting for the Financial Secretary shall receive the above rate.

19.03If a member is required to attend a scheduled meeting or conduct union business on their days off, he or she will be compensated at straight time, or be given alternate time off in lieu.

19.04All hours paid for Union work will be accounted for and reported to the Executive Board and on the financial statement, which shall be available to members upon request.

19.05A member delegated to Union business, will be reimbursed travel expenses at the rate allowed per kilometre by the Canada Revenue Agency (CRA) on January 1st of each year or as is reasonably changed by Canada Revenue Agency (CRA).

20.00 Routine Rules and Regulations

20.01A member promoted to a management position which is out of scope of the Local's certificate is entitled to protect his seniority rights, upon application to the Local, for a period of ninety (90) days. Upon such application he shall submit three (3) months of dues to cover this period and this amount is not refundable. Upon completion of the ninety (90) days, the applicant shall be struck from the seniority list. Should the applicant return to his former position during this ninety day period, he shall maintain all of his seniority rights to which he is entitled. A standard form for members requesting such leave shall be filled out by the member concerned, signed by himself, the local union and the employer.

Where a provision of the member's Collective Agreement designates a different time frame than the one above, the latter will prevail.

20.02( Deleted, May 2010 ).

20.03Any member presenting a grievance or complaint requiring investigation and representation by the Local Officers, Executive Board Members or Stewards that proves to be groundless, or giving information to them regarding same which proves to be false shall be dealt with by the Local unless it proves to be through no fault of the member.

20.04Any member found guilty of defacing Local notices or property shall be subject to charges as per the Constitution and General Laws.

20.05Any member of the Local using the medium of the press, mail or other means for discrediting the Officers or members of this organization shall be dealt with by the Local membership.

20.06All serious accidents that happen in the course of a members duties must be reported to the Union Office. This report should be done as soon as possible in order that the member can be represented properly and a record kept by the Local Union.

20.07 ( Deleted, May 2010 ).

21.00 Seniority

21.01( Deleted, May 2010 ).

22.00 Overtime

22.01 and 22.02( Deleted, May 2010 ).

23.00 Leave Of Absence Other Than Promotion

23.01( Deleted, May 2010 ).

23.02Any member who may be elected as a full time officer of the B.C. Federation of Labour, the Canadian Labour Congress, the Amalgamated Transit Union International, the Canadian Council of the Amalgamated Transit Union and all members who may be elected to public office or the local Labour Council will be granted a leave of absence from the Union and will maintain his seniority in the Union until his return. Their provisions are subject to the terms of his or her Collective Agreement.

24.00 Lay-Offs

24.01In order to protect the seniority of members in the Union, members shall be given consideration in regards to the payment of the local union dues. In no event shall the dues be less than the current per capita tax as of the International Constitution and General Laws.

25.00 General

25.01No officer or member of this Local shall use his office or membership in the Local in such a manner as to bring discredit upon the Union, nor shall he or she speak on, publish, or cause to be published any matter in the name of the local without consent of the membership.

25.02Any member not complying with any of the foregoing bylaws shall be liable to charges as per the Constitution of this Union.

The minimum duty time to be paid to maintenance personnel called out prior to or after completion of a regular shift shall be two (2) hours' pay at the applicable overtime rate.

25.03Alterations or amendments will be allowed to these bylaws only by giving notice of such at the first meeting in March of each year, and voted upon at the succeeding meeting, except in the case of emergency, when such alteration or amendment must be submitted to the Executive Board and by them to the Local for action on same. Those bylaw changes are subject to approval of the International President before being put into effect.

25.04( Deleted, May 2010 ).

25.05To eliminate confusion between different writing dates, the Local will have a seniority list that will always have the month spelled out and will always be posted at each work site, minus the addresses and phone numbers, for scrutiny of the members.

26.00 rules of order at meetings

26.01The President/Business Agent or, in his absence, the Vice President shall take the chair at the hours that are specified in these bylaws for the regular or special meetings of the local. In the absence of said Officers, the Financial Secretary / Recording Secretary / Treasurer or in his absence, an Executive Board Member shall be designated by the Executive Board to conduct the meeting.

26.02The President/Business Agent shall be privileged to debate upon all subjects by calling the Vice-President or any member to the Chair.

26.03The President/Business Agent shall decide all conflicts of authority between Officers and Executive Board members except when he is a party to the conflict, then the Local membership at the charter meeting shall decide.

26.04It shall be the duty of every member to sustain the Officers in the proper discharge of their duties.

26.05Any member speaking shall rise and respectfully address the chair. He shall confine himself to the question and avoid personalities.

26.06No motion shall be debated upon until stated from the Chair. It shall be in writing at the request of two members or of the Secretary or of the presiding Officer.

26.07No motion to amend the minutes shall be admissible, unless some error of fact be contained therein.

26.08 - 26.09( Deleted, May 2010 ).

26.10If any member while speaking is called to order, he shall resume his seat until it is determined whether or not he is in order and if found out of order, he shall not be permitted to proceed unless by a vote of the members in attendance.

26.11 - 26.13( Deleted, May 2010 ).

26.14A member speaking at the meeting shall be considered as having spoken once on the question and unless the mover or seconder of the motion, shall not be permitted to speak on the question until all others have spoken.

26.15A majority vote shall decide all questions except as provided for in the bylaws, the Constitution, or Robert's Rules of Order.

26.16No business shall be transacted at a Special Meeting except that business for which the Special Meeting has been called.

26.17When a motion or resolution is once moved, seconded and stated by the Chair, it belongs to the Local and cannot be withdrawn unless agreed to by the mover and seconder. If the mover and seconder agree to have the motion withdrawn, a motion to that effect must be made and passed by the members in attendance to approve it.

26.18( Deleted, May 2010 ).

26.01The previous questions shall be put thus “Are you ready for the question?” and until it is decided it shall preclude all amendments and all further debate. It shall only be admitted when demanded by two thirds of the members in attendance.

26.20 - 26.26( Deleted, May 2010 ).

27.00 Publication of Bylaws

27.01Complete amended bylaws will be available through the Local Union.

28.00 Robert's Rules of Order

28.01Any point not covered by the foregoing rules will be governed by Robert's Rules of Order.