CUASA CONSTITUTION & BYLAWS

The operation of the Association is governed by the Constitution and By-laws. There are also a number of policies and ongoing Council motions that govern the day to day operations of the Association.

TABLE OF CONTENTS – BYLAWS

CONSTITUTION

As amended November 4, 2015

In Bylaws Posted

Bylaw 3: Strike Votes and Strikes

  1. Council shall determine the holding of any strike vote of the membership, normally upon the advice of the Negotiating Team.
  2. Council shall determine the commencement of any authorized strike or collective job action by members, or the end thereto, by a majority vote, normally upon the advice of the Negotiating Team.
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In Bylaws Posted

Bylaw 5: Collective Agreements

The Negotiating Team shall present a tentative settlement arising out of collective bargaining with the management of Carleton University to the membership.

Members shall have access to the language of the tentative settlement no less than twenty-four (24) hours prior to the information meetings at which the settlement is presented.

The Negotiating Team may choose to inform Council of the tentative settlement ahead of the presentation to the membership. Individual members of Council shall be free to express their opposition to any proposed tentative settlement.

Following ratification, the members of the Negotiating Team shall sign the agreement.

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In Bylaws Posted

Bylaw 6: Memoranda of Agreement

Memoranda of Agreement on matters pertaining to the interpretation of the collective agreement with Carleton University that deal with individual or group issues are confidential and shall be handled according to the processes established by Council on the advice of the Grievance Policy and Administration Committee.

The Steering Committee and Council shall be informed of Memoranda of Agreement arising from Association grievances.

Memoranda of Agreement shall be signed by three representatives of the Association:

  • the President or Vice President;
  • An Officer of the Association other than the President or Vice President; and,
  • A member of Council not on Steering.
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In Bylaws Posted

Bylaw 7: Standing Committees

Collective Bargaining Committee

Duties

The Committee shall be responsible for:

  • Developing the collective bargaining demands for the Collective Agreement between CUASA and Carleton University for approval by Council. This shall include:
    • Providing bargaining-related information to members;
    • Soliciting input from the members on collective bargaining priorities through various methods which may include convening meeting(s) open to all members of CUASA where issues can be raised and discussed, as well as by any other means deemed appropriate;
  • Working with the Negotiating Team on initial proposal language;
  • Supporting the research requirements of the Negotiating Team; and,
  • Recommending to Council measures to build support among CUASA members for the bargaining demands given to the Negotiating Team.

Composition

The Committee shall be composed of:

  • Chair, Collective Bargaining Committee (who shall serve as Chief Negotiator);
  • Salary and Benefits Officer;
  • Chair, Grievance Policy and Administration;
  • four (4) other members selected to be broadly representative of the CUASA constituencies;
  • Executive Director (non-voting); and,
  • any other members as deemed necessary by Council.

Reporting

The Committee shall report to Council as necessary but no less than three times per year (normally prior to the three required General Meetings).

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

Nominations and Elections Committee

Duties

The Committee shall be responsible for:

  • Managing the process for elections to vacant positions on CUASA bodies, for CUASA representatives to University committees and for elected delegates to any organization to which CUASA is affiliated.
  • Ensuring that CUASA members are aware of elections in which they are eligible to participate and of the duties of the vacant positions; and,
  • In the absence of volunteers, encouraging CUASA members to stand as candidates for elected offices.

Composition

The Committee shall be composed of:

  • Chair, Nominations and Elections; and,
  • At least two (2) other members selected to be broadly representative of the CUASA constituencies.

Reporting

The Committee shall report to Council as necessary but no less than three times per year (normally prior to the three required General Meetings).

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

Finance Committee

Duties

The Committee shall be responsible for:

  • Preparing the annual budget;
  • Monitoring income and expenditures;
  • The annual audit of CUASA’s finances;
  • Recommending membership fees to Council; and,
  • Developing and recommending to Council policy on the administration of funds controlled by the Association, including investments.

Composition

The Committee shall be composed of:

  • Treasurer;
  • President;
  • Vice President;
  • Executive Director (non-voting);
  • A Council Member not on Steering; and,
  • One other Association member who is not an Officer.

Reporting

The Committee shall report to Council and Steering at each regular meeting.

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

Grievance Policy and Administration Committee

Duties

The Committee shall be responsible for:

  • Directing of the grievance process in consultation with Association staff;
  • Developing and recommending to Council policy on grievance handling;
  • Approving grievances to be taken to arbitration; and,
  • Advising the Collective Bargaining Committee on grievance issues.

Composition

The Committee shall be composed of:

  • Chair, Grievance Policy and Administration Committee;
  • at least and preferably more than three (3) other members of the Association selected to be broadly representative of the CUASA constituencies;
  • The Executive Director (non-voting); and,
  • The Member Services Officer (Grievance) (non-voting).

Reporting

The Committee shall report to Council and Steering at each regular meeting.

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

Internal Affairs Committee

Duties

The Committee shall be responsible for:

  • Encouraging and facilitating member engagement with the Association;
  • Promoting awareness and discussion of issues affecting CUASA members, including holding workshops and other special events; and,
  • Providing recommendations to Council and other bodies on issues affecting members including, but not limited to, academic freedom and institutional governance.

Composition

The Committee shall be composed of:

  • Chair, Internal Affairs Committee;
  • External Relations Officer; and,
  • At least two (2) other members of the Association selected to be broadly representative of the CUASA constituencies.

Reporting

The Committee shall report to Council as necessary but no less than three times per year (normally prior to the three required General Meetings).

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

Equity Committee

Duties

The Committee shall be responsible for:

  • Consulting with members, particularly those from equity seeking groups, on equity issues;
  • Promoting awareness and understanding of equity issues among CUASA members;
  • Working collaboratively with other organizations to address equity issues;
  • Representing CUASA on relevant university-level committees pertaining to equity issues; and,
  • Working collaboratively with other CUASA committees where equity-related issues arise.

Composition

The Committee shall be composed of:

  • Chair, Equity Committee; and,
  • At least two (2) other members of the Association selected to be as representative as possible of the various equity seeking groups.

Reporting

The Committee shall report to Council as necessary but no less than three times per year (normally prior to the three required General Meetings).

Appointment of Committee Members

Council will elect committee members for two-year terms beginning July 1 of the year of appointment.

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In Bylaws Posted

Bylaw 8: Duties of Officers

  1. President
    1. Act as the principal spokesperson and leader of the Association in accordance with the Constitution, Bylaws and Policies of the Association;
    2. Work to protect and advance the interests of the Association;
    3. Serve as a member of the Joint Committee on the Administration of the Agreement;
    4. Chairs the Steering Committee;
    5. Coordinate the efforts of the Council, Steering and membership to achieve the objectives of the Association;
    6. Report at each regular meeting of Steering and Council; and,
    7. Transact any other business as may be required by the office of the President and which may be necessary for the proper functioning of the Association.
  2. Vice President
    1. Assist the President in carrying out his or her duties;
    2. Normally chair Council and General meetings;
    3. Serve as a member of the Joint Committee on the Administration of the Agreement; and,
    4. Normally perform the duties of the President in the absence of the President.
  3. Past President
    1. Serve as a member of the Joint Committee on the Administration of the Agreement; and,
    2. Advises the President on the conduct of his/her office.
  4. Treasurer
    1. Chair the Finance Committee;
    2. Oversee administration of the finances of the Association;
    3. With Association staff and the Finance Committee, monitor the current budget and prepare annually a draft budget for the coming year;
    4. Make regular reports to the Steering Committee and Council on the status of the Association’s finances;
    5. Present an account of the Association’s finances at each April General Meeting; and,
    6. Work with Association staff to maintain the financial accounts of the Association.
  5. External Relations Officer
    1. Normally represents CUASA at meetings of CAUT, CAUT Defence Fund, NUCAUT and the OCUFA Board of Directors;
    2. May attend and/or find other members of CUASA to attend flying pickets called by the CAUT Defence Fund; and,
    3. Make reports to Council as necessary but no less than three times per year.
  6. Salary and Benefits Officer
    1. Serve as a member of the Collective Bargaining Committee;
    2. Advise the Association and its members on matters relating to salary and benefits; and,
    3. With Association staff, advise job candidates on initial salary negotiations; and,
    4. Make reports to Council as necessary.
  7. Communications Officer
    1. Advise the President on internal and external communications;
    2. Assist the President in responding to media requests;
    3. With Association staff:
      1. develop and maintain a greater awareness in the campus and wider community of the Association, its activities and its members;
      2. encourage member awareness of the activities and initiatives taken by the Association on their behalf; and,
      3. communicate relevant information to the membership regarding activities of other organizations including local labour councils, CAUT and OCUFA.
    4. Act as the editor of the CUASA Communiqué; and;
    5. Make reports to Council as necessary but no less than twice per year.
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In Bylaws Posted

Bylaw 9: Academic Sub-Units

For the purpose of Council representation, as defined in Article IV of the Constitution, the academic sub-units of the University are as follows:

the Schools of Architecture and Industrial Design;
the School for Studies in Art and Culture;
the Department of Biology;
the Sprott School of Business;
the School of Canadian Studies and Institute of Women’s & Gender Studies
the Department of Chemistry
the School of Computer Science
the Department of Earth Sciences;
the Department of Economics;
the Departments of Electronics and Civil Engineering;
the Department of English;
the Department of French;
the Department of Geography;
the Department of History;
the College of Humanities/Religion/Greek and Roman Studies;
the Norman Paterson School of International Affairs and EURUS;
the Institute of Interdisciplinary Studies;
the School of Journalism & Communications;
the Department of Law and Legal Studies;
the Library;
the School of Linguistics and Applied Language Studies;
the School of Mathematics and Statistics;
the Department of Mechanical and Aeronautical Engineering;
the Department of Philosophy;
the Department of Physics;
the Department of Political Science and Institute of Political Economy;
the Department of Psychology;
the School of Public Policy & Administration;
the School of Social Work;
the Department of Sociology and Anthropology;
the Department of Systems and Computer Engineering; and
Instructor employees.

This list shall be updated as required by the Constitution. Such updates shall not require Council approval.

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In Bylaws Posted

Bylaw 11: Alternates and Proxies

Alternates

Council members shall have the right to name alternates who are members of the Association from the same sub-unit to attend one or more Council meetings on their behalf.

The Council chairperson must be notified in writing prior to the commencement of the meeting(s) in question.

Alternates shall have all the rights of a Council member for the meeting(s) in which they are an alternate.

Officers of the Association shall not have the right to name alternates except in their capacity, if any, as a representative to Council of a sub-unit.

Proxies

Proxy voting on any matter before Council shall be allowed provided that:

  1. the proxy is received in writing by the Council chairperson in time to be tallied in the vote count on the question at issue; and,
  2. provided the written submission of the proxy vote identifies the issue concerned with sufficient particularity to allow certainty concerning the meaning of the vote.

Officers of the Association shall have the same proxy rights as other Council members.
Alternates

Council members shall have the right to name alternates who are members of the Association from the same sub-unit to attend one or more Council meetings on their behalf.

The Council chairperson must be notified in writing prior to the commencement of the meeting(s) in question.

Alternates shall have all the rights of a Council member for the meeting(s) in which they are an alternate.

Officers of the Association shall not have the right to name alternates except in their capacity, if any, as a representative to Council of a sub-unit.

Proxies

Proxy voting on any matter before Council shall be allowed provided that:

the proxy is received in writing by the Council chairperson in time to be tallied in the vote count on the question at issue; and,
provided the written submission of the proxy vote identifies the issue concerned with sufficient particularity to allow certainty concerning the meaning of the vote.
Officers of the Association shall have the same proxy rights as other Council members.

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In Bylaws Posted

Bylaw 14: Indemnity for Officers

Every director, officer or other person undertaking any action or liability on behalf of the Association, either within the scope of her/his office or with the express authority of the Association, shall be indemnified and saved harmless out of the funds of the Association from and against:

  1. any and all costs, charges and expenses sustained or incurred in relation to the affairs of the Association, and
  2. any and all costs, charges, damages, and expenses sustained or incurred with respect to any action, suit or proceeding brought against her/him for any act or thing done or permitted by her/him in the execution of her/his duties, unless such costs, charges, damages or expenses are occasioned by her/his own willful neglect or default.
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In Bylaws Posted

Bylaw 17: Official and Backup Versions of the Constitution, Bylaws and Ongoing Motions

The official version of the Constitution, Bylaws and Ongoing Council Motions shall be the one posted on the CUASA website. It shall be updated with changes from the revised minutes as soon as possible after the meeting at which the revised minutes are accepted. After each updating an electronic backup copy shall be made for safe keeping. Backup copies shall not be altered.

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In Bylaws Posted

Bylaw 18: Staffing

Council shall be responsible for appointing a committee to negotiate a collective agreement between CUASA and the union representing CUASA’s employees. Council shall also be responsible for ratifying said collective agreement.

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In Bylaws Posted

Bylaw 19: Reporting

Delegates to Affiliated Organizations

Members serving as delegates to affiliates shall be required to:

  1. Submit a brief written report to the President following meetings of the affiliate to which they are a delegate; and,
  2. Where practical, consult in advance with Council regarding significant issues to be raised at meetings.

Representatives on University Committees

Members representing the Association on university committees shall be required to submit a written report to Council no less than once a year on the activities of the committee.

Conference Attendees

Members sponsored by the Association to attend conferences shall submit a written report to Council following the conference.

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In Bylaws Posted

Bylaw 21: Special Rules of Order Not Specified Elsewhere

  1. Meeting agenda
    1. The normal order of business for a Council meeting shall be:
      Call to order
      Introductions (if new members are present)
      Adoption of agenda
      Corrections to / approval of minutes
      Unfinished business (itemized)
      Items arising (discussed here or later in the agenda at the discretion of the Chair)
      President’s report and questions
      Committee business (motions) and question period

      • Standing committees (Collective Bargaining, Finance, Nominations and Elections, Grievance Policy and Administration, Internal Affairs, Equity)
      • Other officers, conference attendees, and ad-hoc committees

      Business Arising from Units
      New Business
      Adjourn

    2. The chair shall allocate and enforce time for each item on the agenda (which does not preclude the right of Council to further limit or extend time, by a simple majority vote).
    3. Steering shall distribute the meeting agenda and each committee’s or officer’s report to Council at least 48 hours prior to each Council meeting.
    4. Officers and committees that submit written reports to Council will be allocated time on the agenda for questions and motions. Motions and issues not contained in advance reports may be raised under New business.
    5. Council meetings shall adjourn at or before two hours.
  2. Speeches in debate are limited to two speeches of two minutes each per member.
  3. Members shall raise their hands to be recognized and may speak from a seated position if it is more comfortable to do so.
  4. Quorum in general membership meetings shall be the number of persons present at the time. If that number is less than the size of Council, all new decisions made at the meeting except regarding the budget will be automatically reconsidered at the next general meeting.
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