NOLC Bylaws

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Table of Contents

Article I -- Name and Location
Article II -- Purpose
Article III -- Membership
Article IV -- Meetings
Article V -- Officers
Article VI -- Duties of the President
Article VII -- Duties of the Vice President(s) 
Article VIII -- Duties of the Recording Secretary
Article IX -- Duties of the Secretary Treasurer
Article X -- Duties of the Sergeant-at-Arms
Article XI -- Executive Council
Article XII -- Trustees
Article XIII - Revenue
Article XIV -- Ombudsperson
Article XV -- Amendments
Article XVI -- Order of Business

Article I - Name and Location
1.01 This labour Council shall be known as "North Okanagan Labour Council", Canadian Labour Congress, C.L.C. 
1.02 It shall consist of organizations affiliated to the Canadian Labour Congress which become affiliated to this Labour Council and which are situated in the area bounded by the Okanagan Valley on the south by the northern boundary of Summerland and on the north to the geographical divide between Armstrong and Enderby. 
1.03 These organizations shall conform to the By-Laws and rules and regulations of this Council, as set forth herewith. This Labour Council shall not be dissolved while there are five (5) organizations remaining in affiliation.it.
Article II - Purpose
2.01 The purposes of this Labour Council are:
1. To support the principles and policies of the CLC.
2. To promote the interests of its affiliates and generally to advance the economic and social welfare of workers.
3. (a) To assist affiliated organizations in extending its benefit of mutual assistance and collective bargaining to workers.
(b) To assist in the organization of the unorganized into unions for their mutual aid, protection and advancement, giving recognition to the principle that both craft and industrial unions are appropriate, equal and necessary as methods of union organization.
4. To encourage all workers without regard to race, creed, sex, sexual orientation, age, colour, or national origin to share in the full benefits of union organization.
5. To secure legislation, which will safeguard and promote the principle of free collective bargaining, the rights of workers, and the security and welfare of all people.
6. To protect and strengthen our democratic institutions, to secure full recognition and enjoyment of the rights and liberties to which we are justly entitled, and to preserve and perpetuate the cherished traditions of our democracy.
7. To promote the cause of peace and freedom in the world and to assist and cooperate with free democratic labour movements throughout the world.
8. To aid and encourage the safe and use of union goods and union services through the use of the union label and other symbols; to promote the labour press and other means of furthering the education of the labour movement.
9. To protect the labour movement from any and all corrupt influences and from any agencies which are opposed to the basic principles of our democracy and free democratic unionism.
10. To safeguard the democratic character of the labour movement and to observe and respect the autonomy of each affiliated union. 
11. While preserving the independence of the labour movement from political control, to encourage workers to vote, to exercise their full rights and responsibilities of citizenship, and to perform their rightful part in the political life of the municipal, provincial and federal governments.
Article III - Membership
3.01 The Labour Council shall be composed of:
1. Local unions, branches and lodges of national and international unions, regional and provincial organizations affiliated to the CLC.
2. Local unions in the area chartered by the CLC.
3. Where a Local Union, Branch or Lodge is structured on a Unit by Unit basis, the North Okanagan Labour Council shall recognize and receive per capita from individual units; however, the representation shall be on total membership of the Local Union, Branch, or Lodge and selection of delegates shall be made internally from the Local Union, Branch or Lodge.
3.02 Any organization affiliated with this Labour Council may be expelled from membership in the Council by a majority roll call vote at a meeting. Any decision to expel may be appealed to the Executive Committee of the CLC, within two (2) months. The decision shall be in force and effect during appeal.
3.03 Any delegate representing a local union affiliated with this Labour Council may be suspended or expelled for conduct unbecoming a delegate, from membership in the Council by a majority roll call vote at a meeting. In such cases, the local union which the delegate represents will be notified and requested to replace the delegate. Any decision to expel may be appealed to the Executive Committee to the CLC within two (2) months. The decision shall be in force and effect during the appeal.
3.04 (a) CLC Officers, Directors and Representatives shall be accorded all rights and privileges of delegates except the right to vote when they attend meetings of this Council. 
(b) CLC Officers, Directors and Representatives are eligible as delegates and where credentialed, will have the same rights as delegates, including the right to vote.
3.05 It shall be the duty of each affiliated organization to furnish the Secretary-Treasurer of the Council with the following:
(a) All official reports which deal with matters with the purview of the Council.
(b) Such other reports as will facilitate and make more effective the work of the Council.
(c) A statement of their membership in good standing.
(d) A statement of names and phone numbers of delegates each year.
(e) Affiliates are encouraged to file with the secretary-Treasurer of the Council and the Canadian Labour Congress in Ottawa, copies of their Collective Bargaining Agreements.
3.06 The B.C. Federation of Retired Union Members (BCFORUM) shall be entitled to membership as an affiliated organization upon application by BCFORUM and payment of a $10.00 annual application fee, and shall be entitled to two delegates.
BCFORUM delegates shall have the same rights as CLC Officers, Directors, and staff, that is, the right to speak but not to vote or run for regular Officer/Executive positions with the exception of the BCFORUM Executive Member position.
Article IV - Meetings
4.01 The regular meetings of the Labour Council shall be the governing body of the Council; except as provided in Article XV, its decisions shall be by majority vote.
4.02 The regular meetings of the Council shall be held on the first (1st) Wednesday of each month. Meetings shall commence at 7:00 pm sharp. 
4.03 (a) Special meetings of the Council may be called by the direction of the Executive Council or on request of affiliated organizations representing a majority of the total membership of the Council as evidenced by the records of the Secretary-Treasurer.
(b) In the event a majority as provided in sub-section (a), requests a special meeting, the Executive Council shall call such meeting within five (5) calendar days and shall give all organizations five (5) calendar days notice of the time and place for holding the special meeting together with a statement of the business to be considered at such meeting.
(c) Representation to special meetings shall be on the same basis as regular meetings.
(d) Except as provided in sub-section (b), a special meeting shall exercise the same authority as regular meetings.
4.04 In the event Officers of the Council fail to call meetings or otherwise fail to carry out their duties and responsibilities, the Congress shall take whatever measures are necessary to reorganize the Council.
4.05 Representation at meetings shall be on the following basis -- from affiliated local Unions, Branches and Lodges:
100 members or less - 2 delegates
101 to 200 members - 3 delegates
201 to 300 members - 4 delegates
301 to 400 members - 5 delegates
401 to 500 members - 6 delegates
501 members and over - 7 delegates
4.06 The number of members of each organization for the purpose of selecting delegates to the Council shall be the average monthly number on which per capita is paid.
4.07 The Recording Secretary shall furnish each affiliate with credential blanks which must be attested as required on the blanks and deposited at a regular Council meeting before new delegates may be seated on the Council.
4.08 Obligation for Delegates
All delegates to this Council, before being seated shall come forward and clearly and audibly repeat the following obligation:
"I, (name) pledge my word to this Council, that I will faithfully and truly represent the organization which has sent me here as a delegate, and that I will at all times advance and maintain the principles of unionism as defined by the Canadian Labour Congress and abide by the Constitution and By-Laws of the North Okanagan Labour Council." 4.09 Any organization suspended or expelled by the CLC or this Council shall not, while under such penalty, be allowed representation in the Council. Any organization which is in arrears to the Council for per capita tax three (3) months or more shall not be entitled to recognition or representation in the Council.
4.10 Any person suspended or expelled from any organization affiliated to this Council shall not be seated as a delegate.
4.11 Any delegate being absent from four (4) consecutive meetings of this Council (as per record kept by the Sergeant-at-Arms) without good and sufficient reason, in writing, having been previously presented to the Secretary from the delegate or their organization, certifying to the sickness, absence from city, or engagement at work, said delegate shall forfeit the seat, and immediate notice sent to their organization by the Secretary requesting a new credential for the vacant seat. The Secretary shall also revise the official roll call book, and attendance card file, for accurate use by the Sergeant-at-Arms.
4.12 The President, in consultation with the Executive Council, shall appoint such committees as are necessary to conduct the affairs of the Council. Such committees may include legislative, municipal, organization, education, political education, welfare and community services, labour day and social, union label, and such other committees as the Council shall at other times appoint. The Executive Council may request any such committee to meet the purpose of considering matters placed before it and such committee shall prepare reports of its activities for presentation to Council meetings.
4.13 One fourth (1/4) of the registered delegates representing at least one fourth (1/4) of the affiliated unions shall constitute a quorum for the transaction of business.
4.14 The rules and order of business governing meetings shall be:
1. The President, or in the absence of the President, a Vice-President shall take the chair at the time specified, at all regular and special meetings. In the absence of both, the President or designated representative, a chairperson shall be chosen by the Executive Council.
2. No question of a sectarian character shall be discussed at meetings.
3. Any delegate wishing to speak shall be recognized by the Chairperson and shall give their full name and the organization they represent and shall confine all remarks to the question at issue.
4. A delegate shall not speak more than once upon a subject until all who wish to speak have had an opportunity to do so.
5. A delegate shall not interrupt another except to be a call to a point of order.
6. A delegate, upon called to order, at the request of the Chairperson, shall take their seat until the question of order has been decided.
7. Should a delegate persist in unparliamentarily conduct, the Chairperson will be compelled to name the delegate and submit their conduct to the judgement of the meeting. In such case, the delegate whose conduct is in question should explain and then withdraw, and the meeting will determine what course to pursue in the matter.
8. When a question is put, the Chairperson after announcing the question shall ask; "Are you ready for the question?" If no delegate wishes to speak, the question shall be put.
9. Questions may be decided by a show of hands, or standing vote, but a roll call vote may be demanded by thirty percent (30%) of the delegates present. In a roll call vote, each delegate shall be entitled to one (1) vote.
10. Two delegates (2) may appeal the decision of the Chairperson. The Chairperson shall then put the question thus; "Shall the decision of the Chairperson be sustained?" The question shall not be debatable except that the Chairperson may make an explanation of the decision.
11. The Chairperson shall have the same right as other delegates to vote on any questions. In case of a tie vote, the Chairperson shall cast the deciding vote.
12. When the previous question is moved, no discussion or amendment of either motion is permitted. If the majority vote that, "the question be now put". The original motion has to be put without debate. If the motion to put the question is defeated, discussion will continue on the original motion.
13. A motion may be reconsidered provided the mover of the motion reconsider voted with the majority, and notice of motion is given for consideration at the next meeting, and said motion is supported by two thirds (2/3) of the delegates qualified to vote.
14. In all matters not regulated by these rules of order, Bourinot's Rules of Order shall govern.
Article V - Officers
5.01 The Officers of the Council shall consist of a President, three (3) Vice-Presidents, Secretary Treasurer, Recording Secretary, Sergeant-at-Arms, two (2) Executive members, one from the North and Central Okanagan, and one BCFORUM Executive Member. The BCFORUM Executive member shall have voice but no vote.
5.02 Each Officer shall be a member in good standing of an affiliated organization. The BCFORUM Executive Member must be a BCFORUM delegate.
5.03 In odd numbered years nominations will open at the end of the October meeting and close at the November meeting, at which time elections will be held.
5.04 Election of Officers shall be by secret ballot. A majority of votes cast shall be required before any candidates can be declared elected, and second and subsequent ballots shall be taken if necessary to obtain such a majority. On the second and subsequent ballots, the candidate receiving the lowest votes in the previous ballot shall be dropped. In case of a final tie vote, the presiding officer may cast a deciding vote.
5.05 The election of each office shall be completed before nominations may be accepted for any subsequent office.
5.06 The term of office of the Executive Council shall commence upon the completion of the November meeting of odd-numbered years.
5.07 In the event of the vacancy of the office of the President, a Vice-President shall perform the duties of the President until a successor is elected. If a Vice-President is unable to act in this matter, the Secretary-Treasurer shall perform this duty.
In the event of the vacancy of either Vice-President(s), Secretary-Treasurer or Recording Secretary, the President shall appoint on a temporary basis until a successor is elected.
5.08 In the event of vacancy of any office of the Council, the vacancy shall be filled at the next regular meeting.
5.09 The Executive Officers shall hold title to any property of the Council as Trustees for the Council. They shall have no right to sell, convey or encumber any property without first submitting the proposition to a meeting and such proposition are approved.
5.10 Obligation of Officers
After being elected, each Officer, before assuming their duties shall be required to take the following obligation.
"I do hereby, sincerely pledge my word and honour to perform my duties as an Officer of this Labour Council. I will attend, when able to do so, all meetings of the Council of which I shall be a member, and at the end of my term of office, I shall turn over to the Council or to my successor, all properties or funds in my possession that belong to the Council."
Article VI - Duties of the President
6.01 The President shall supervise the affairs of the Council, sign all official documents, have signing authority for the North Okanagan Labour Council's financial accounts, and preside at regular and special meetings, and at meetings of the Executive Council.
6.02 Subject to the appeal of the CLC, the President shall have authority to interpret these By-Laws, and such interpretation shall be conclusive and in full force and effect unless reversed or changed by the Executive Council, or a meeting of the CLC.
Article VII - Duties of the Vice President(s)
7.01 The Vice President(s) shall aid the President in the duties of chief executive officer of the Council and act on behalf of the President when required to do so and may have signing authority for the North Okanagan Labour Councils financial accounts.
Article VIII - Duties of the Recording Secretary
8.01 The Recording Secretary shall record in writing the proceedings of all Council meetings and all sessions of the Executive Council. The minutes are to be kept in such form as to preserve a permanent record. Copies of all proceedings shall be forwarded to the CLC and the British Columbia Federation of Labour.
8.02 The Recording Secretary shall take care of all correspondence as instructed by the Council, including the sending out of notices of meetings to be held by the Council.
8.03 The Recording Secretary shall retain on file copies of agreements submitted to the Council
8.04 The Recording Secretary shall furnish credential blanks and affiliation forms to unions when requested.
8.05 The Recording Secretary shall inform affiliated unions of all vacancies arising in their representation of delegates.
Article IX - Duties of the Secretary Treasurer
9.01 The Secretary Treasurer shall be the Financial Officer of the Council and have signing authority or the North Okanagan Council's financial accounts.
9.02 The Secretary Treasurer shall be in charge of books, files, documents and property of the Council pertaining to the office of Secretary Treasurer, which shall at all times be subject to the inspection of the President and Executive Council; shall maintain a list of all affiliates of the Council and the reported number of members of each one.
9.03 The Secretary Treasurer shall prepare a written financial statement of the Council finances for a monthly report to the Council meeting.
9.04 The Secretary Treasurer shall have the books of the Council audited semi-annually by the Trustees elected under provisions of Article XII. A copy of the audit report shall be forwarded to the CLC at Ottawa, the CLC Regional Office and the BC Federation of Labour.
9.05 The Secretary Treasurer shall, subject to the approval of the Executive Council, invest surplus funds of the Council in securities or deposit them in bank(s) or Credit Union(s).
9.06 The Secretary Treasurer is empowered to require affiliated organizations to provide statistical data in their possession relating to the membership of their organizations.
9.07 The Secretary Treasurer shall revise the official roll-call book and attendance card file for accurate use by the Sergeant-at-Arms.
Article X - Duties of the Sergeant-at-Arms
10.01 It shall be the duty of the Sergeant-at-Arms to receive the name of each delegate and guest upon entering the meeting room. He/she shall record their attendance, and make a report during the meeting of the total number of delegates and guests, attending in the beginning of the meeting as well as at the end of the meeting. He/she shall perform such duties as may be assigned by the President.
Article XI - Executive Council
11.01 The Executive Council shall consist of the President, three (3) Vice-Presidents, Secretary Treasurer, Recording Secretary, Sergeant-at-Arms, and two Executive Members and the BC Federation of Retired Union Members Executive Member. (BCFORUM)
11.02 The Executive Council shall be the governing body of this Council between meetings. It shall take such action and render such decisions as may be necessary to carry out fully the decisions and instructions of the Council meetings and to enforce the provisions contained in these By-Laws.
11.03 The Executive Council shall meet upon the call of the President. It shall also be necessary for the President to call a meeting upon the request of three (3) other Officers.
11.04 The Executive Council shall have the power to conduct an investigation of any situation in which there is reason to believe that any affiliated organization may be dominated, controlled or substantially influenced in the conduct of its affairs by any corrupt influence, or that its policies or activities are contrary to the principles or policies of the Council. Upon the completion of such an investigation, including a hearing if requested, the Executive Council shall have the authority to make recommendations to the organization involved, and the CLC. It shall have further authority upon a two thirds (2/3) vote of the Executive Council to suspend any organization. Any action of the Executive Council under this section may be appealed to the next meeting of the Council.
11.05 A majority of the members of the Executive Council shall constitute a quorum for the transaction of the business of the Executive Council.
11.06 The Executive Council is authorized to reimburse delegates to the Council for necessary expenses in performing their duties for the Council.
Article XII - Trustees
12.01 Three (3) Trustees shall be elected by the Council in the same manner as the Officers. Initially, the Trustee receiving the largest number of votes shall be elected for three (3) years, the Trustee receiving the second largest number of votes shall be elected for two (2) years, and the Trustee receiving the third largest number of votes shall be elected for one (1) year. Subsequently, one (1) Trustee shall retire each year as the term for which such Trustee expires, and succeeding Trustee shall be elected for three (3) years. The retiring Trustee shall be eligible for re-election.
12.02 The Trustees shall NOT be members of the Executive Council.
12.03 The Trustees shall conduct an audit of the books and accounts of the Council semi-annually as of June 30 and December 31, based on actual verification of the Secretary TreasurerÕs record. All audit reports are for the information of all delegates and copies shall be available to the CLC at Ottawa, and the CLC Regional Office.
In the event a Trustee is unavailable, the President shall appoint an interim Trustee.
12.04 Should the Trustees be unable or otherwise fail to audit the books of the Council, it shall be the duty of the Executive Council or the President to have the books checked and properly audited by a firm of Chartered Accountants or some equally qualified party.
12.05 All financial officers of the Council shall be bonded in an amount to be determined by the Council but in no case shall the amount be less than the annual income of the Council.
12.06 Where Council Officers are not bonded through the Congress, the Trustees shall certify to the Congress that all financial officers of the Council are bonded in accordance with the provisions of these By-Laws.
Article XIII - Revenue
13.01 A per capita tax shall be paid upon the full paid up membership of each organization.
13.02 Each affiliated Local Union, Branch, or Lodge shall pay before the last day of each month, for the preceding month, a per capita tax of twenty-five cents (.25) per member.
13.03 Any organization three months (3) in arrears of per capita to the Council shall be notified by the Secretary Treasurer. Such organizations shall not be entitled to seat delegates at Council meetings until all arrears are paid in full.
Article XIV - Ombudsperson
14.01 If a delegate to the Council has a complaint or grievance against an Officer or delegate to the Council, and no procedure for redress of the complaint is set out in these By-Laws, the delegate shall have the right to submit the case, with all relevant material, to the Secretary Treasurer of the CLC who shall immediately refer the case with all documentation to the Ombudsperson by the CLC.
14.02 The Ombudsperson will, under the authority vested in the Ombudsperson by the Congress, undertake such enquiries, hearings or meetings as deemed advisable, and report the findings as soon as possible to the parties to the complaint and to the Secretary Treasurer of the Canadian Labour Congress.
Article XV - Amendments
15.01 Proposed amendments to these By-Laws must conform to the Constitution and principles and policies of the Canadian Labour Congress and must be submitted to the Council by notice of motion at least thirty (30) days before the proposed amendment is to be considered. Such amendments may be adopted by a two thirds (2/3) majority vote of those present and voting. However, amendments shall only become effective after the approval by the Executive Council of the Canadian Labour Congress.
Article XVI - Order of Business
1 Roll call
2 Introductions
3 Adoption of the Agenda
4 Guest Speakers
5 Adoption of previous minutes
6 Credentials Report
7 Obligation of new Delegates
8 Financial report
9 Correspondence
10 Executive Board Report
11 Reports of Local Unions, Committee Reports, CLC Report
12 Unfinished Business
13 New Business
14 Final Credentials Report
15 Good and Welfare
16 Adjournment