Bylaws for PSAC Atlantic (2008)
BY-LAWS
ATLANTIC REGION
BY-LAWS
of the
Public Service Alliance of Canada
Atlantic Regional Council
As adopted by the Founding Convention
At Dartmouth, Nova Scotia, October 1 - 4, 1998
And as amended by the
Atlantic Triennial Convention
At
Nova Scotia, April 26 - 28, 2002
Nova Scotia, June 1 - 5, 2005
New Brunswick, June 19 - 22, 2008
SECTION 1 NAME
SECTION 2 MANDATE AND OBJECTIVES
SECTION 3 MEMBERSHIP AND MEMBERSHIP RIGHTS
SECTION 4 STRUCTURE OF THE PSAC ATLANTIC REGIONAL COUNCIL
SECTION 5 ATLANTIC REGIONAL COUNCIL MEETINGS
SECTION 6 ROLES AND RESPONSIBLITIES OF THE ATLANTIC REGIONAL COUNCIL
SECTION 7 TRIENNIAL PSAC ATLANTIC REGIONAL CONVENTION
SECTION 8 REPRESENTATION AND VOTING AT THE TRIENNIAL PSAC ATLANTIC REGIONAL CONVENTION
SECTION 9 ELIGIBILITY OF NOMINEES FOR OFFICE – REVP AND ALTERNATE REVP
SECTION 10 NOMINATION AND ELECTION OF REVP ATLANTIC AND ALTERNATE REVP ATLANTIC
SECTION 11 PSAC ATLANTIC REGIONAL COUNCIL COMMITTEES
SECTION 12 AREA COUNCILS
SECTION 13 REGIONAL CONFERENCES
SECTION 14 FINANCES AND COLLECTION OF MEMBERSHIP FEES
SECTION 15 DISCIPLINE
SECTION 16 AMENDMENTS OF BY-LAWS
SECTION 1
Pursuant to Section 16 of the PSAC Constitution, the organization of the PSAC in the Atlantic Region shall be known as the Atlantic Regional Council.
SECTION 2
Sub-Section (1)
To unite all Atlantic Region members of the Public Service Alliance of Canada in a single democratic organization to include the recognition of the reality and language rights of both official languages.
Sub-Section (2)
To provide for a PSAC structure in the Atlantic Region, that reflects the needs and reality of the membership within the four Atlantic Provinces while respecting the constitutional integrity of the PSAC and its Components.
Sub-Section (3)
To promote the organization of PSAC members in the Atlantic Region into Area Councils that are representative, inclusive, visible, fair, equitable and respectful of the rights of all PSAC members in the region.
Sub-Section (4)
To promote the organization of PSAC members in the Atlantic Region into Regional Women’s Committees that are representative, inclusive, visible, fair, equitable and respectful of the rights of all PSAC members in the region.
Sub-Section (5)
To promote the organization of PSAC members in the Atlantic Region into Equity Committees that are representative, inclusive, visible, fair, equitable and respectful of the rights of all PSAC members in the region.
SECTION 3
Sub-Section (1)
Membership shall be comprised of the following within the four Atlantic Provinces:
- all Components, Locals and Branches
- RWCs
- Regional Unity, Pride, Access Committees or Regional Human Rights Committees made up of members of the Unity, Pride and Access equity group members
- Area Councils
- Other bodies approved and recognized by the Atlantic Regional Council
Sub-Section (2)
All members of the PSAC within the Atlantic Region shall be considered members in good standing as defined in the PSAC Constitution Section 4 Sub-Section (2) and are entitled to the membership rights defined in the PSAC Constitution Section 5.
Sub-Section (3)
Members within the Atlantic Region have the right to receive communications in the language or alternate format of their choice. All Conventions and Atlantic Regional council meetings shall be conducted with simultaneous translation in both official languages.
Sub-Section (4)
All Components, Locals, Branches and Regional Committees have the right to participate in the PSAC Atlantic Regional Council and are encouraged to participate in its activities and decision making processes through their representatives.
SECTION 4
The PSAC Atlantic Regional Council shall be composed of:
(a) The REVP Atlantic who shall be elected pursuant to the PSAC Constitution and Section 10 of these By-laws;
(b) Two Regional Directors from each of the following provinces elected in their respective Caucus at the Triennial PSAC Atlantic Regional Convention:
1. New Brunswick
2. Newfoundland and Labrador
3. Nova Scotia
4. Prince Edward Island
(c) Two Women Directors elected in a women's caucus at the Triennial PSAC Atlantic Regional Convention; one of which will be from Newfoundland and Labrador; the Women Directors must be affiliated (where established) to an active RWC.
(d) One Director from each of the following equity groups elected in their respective caucus at the Triennial PSAC Atlantic Regional Convention:
1) Aboriginal members
2) Gay, lesbian, bisexual and transgendered members
3) Members with disabilities
4) Racially visible members
(e) One Francophone Director elected in caucus at the Triennial PSAC Atlantic Regional Convention;
(f) Two Non-Treasury Board Directors elected in a Non-Treasury Board caucus at the Triennial PSAC Atlantic Regional Convention, one of which will be from Newfoundland and Labrador.
(g) One Youth Director elected in a youth caucus at Triennial PSAC Atlantic Regional Convention.
SECTION 5
(a) The PSAC Atlantic Regional Council shall meet once a year, or upon the request of two-thirds (2/3) of its members, conduct a special meeting.
(b) In the year of the Triennial PSAC Atlantic Regional Convention, the Atlantic Regional Council shall meet immediately prior to the Convention and shall remain in session throughout the Convention.
(c) Additional meetings shall take place through teleconferencing, other available technology, and various cost saving initiatives.
(d) For decision-making purposes, a quorum shall consist of a majority of the Atlantic Regional Council.
(e) If a director is not in attendance at any two (2) consecutive Atlantic Regional Council meetings, without good cause, that director is deemed not to be fulfilling the role of his/her position and that director’s position is deemed to be vacant. Measures in accordance with the By-laws would then be taken by the REVP Atlantic to fill the vacancy.
SECTION 6
Sub-Section (1)
The Atlantic Regional Council structure shall be founded upon and guided by solidarity, inclusiveness, fairness, equity, transparency, accountability, and union principles while recognizing the need to communicate in both official languages.
Sub-Section (2)
The Atlantic Regional Council shall:
(a) be responsible for the affairs of the PSAC Atlantic Region between Triennial PSAC Atlantic Regional Conventions;
(b) apply PSAC policies according to the needs and realities of Atlantic members;
(c) have the power to develop regulations as are necessary for the proper conduct of the business of the union;
(d) define the issues that the REVP Atlantic should submit to the Alliance Executive Committee and the National Board of Directors of the Alliance;
(e) address all issues important to the PSAC members in the Atlantic Region;
(f) ensure all minutes of the Atlantic Council’s meetings and the director’s reports are posted on the PSAC Atlantic Regional Council’s web site no later than 45 days from the date the meeting was held; and
(g) not interfere in the jurisdictional responsibilities of the Components.
Sub-Section (3)
REVP Atlantic
The REVP Atlantic shall:
(a) be responsible for the duties outlined in Section 13 of the PSAC Constitution
(b) have the sole authority to interpret the PSAC Atlantic Regional Council By-laws;
Sub-Section (4)
Alternate REVP
The Alternate REVP Atlantic shall:
(a) perform regional duties of the REVP Atlantic in his or her absence and perform other duties as may be assigned by the REVP Atlantic;
(b) serve as an ex-officio member of all Atlantic Regional Council Committees as requested by the REVP Atlantic.
Sub-Section (5)
Directors for the provinces
The Directors for the provinces shall:
(a) attend meetings of the PSAC Atlantic Regional Council and the Triennial PSAC Atlantic Regional Convention;
(b) submit a written report of his/her activities to the PSAC Atlantic Regional Council meetings, the Triennial PSAC Atlantic Regional Convention and Locals in their provinces;
(c) attend meetings and/or support the activities and continued activism of committees within their area of jurisdiction, as circumstances warrant or as determined by the Atlantic Regional Council;
(d) serve on Atlantic Regional Council Committees and/or perform other roles and responsibilities as determined by the Atlantic Regional Council.
Sub-Section (6)
Directors for women
The Directors for women shall:
(a) be responsible for the PSAC Regional Women’s Committees and shall promote the creation and activism of such committees;
(b) attend the Atlantic Regional Council meetings and the Triennial PSAC Atlantic Regional Convention and shall be the spokespersons for the PSAC Atlantic Regional Women’s Committees in their provinces;
(c) submit to each Atlantic Regional Council meeting, a written report of her activities and those of the PSAC Atlantic Regional Women’s Committees and report to Triennial PSAC Atlantic Regional Conventions, Locals, Branches and Regional Women’s Committees in their provinces;
(d) ensure and promote representation of women and their equality goals in the various union bodies, programs and social justice groups;
(e)serve on Atlantic Regional Council Committees including the Atlantic Regional Council Women’s Committee and/or perform other roles and responsibilities as determined by the Atlantic Regional Council.
Sub-Section (7)
Directors for equity groups
The Directors for the equity groups shall:
(a) be responsible for the PSAC Atlantic Regional Equity Group Committees and shall promote the creation and activism of such committees;
(b) attend the Atlantic Regional Council meetings and attend the Triennial PSAC Atlantic Regional Convention and shall be the spokesperson for the PSAC Atlantic Region equity group members;
(c) submit, to each Atlantic Regional Council meeting, a written report of her or his activities and those of PSAC Atlantic Regional Equity Group Committees and report to Triennial PSAC Atlantic Region Convention, Locals and regional equity groups;
(d) ensure and promote representation of equity group members, their issues and equality goals in the various union bodies programs and social justice groups;
(e) serve on Atlantic Regional Council Committees including the Atlantic Regional Council Human Rights Committee and/or perform other roles and responsibilities as determined by the Atlantic Regional Council.
Sub-Section (8)
Directors for francophones
The Director for francophones shall:
(a) attend meetings of the PSAC Atlantic Regional Council and the Triennial PSAC Atlantic Convention;
(b) submit a written report of his/her activities to the PSAC Atlantic Regional Council meetings, the Triennial PSAC Atlantic Regional Convention and to Locals and Branches;
(c) ensure and promote representation of the interests of the francophone members in the various union bodies, programs and social justice groups;
(d) serve on Atlantic Regional Council Committees and/or perform other roles and responsibilities as determined by the Atlantic Regional Council.
Sub-Section (9)
Directors for Non-Treasury Board
The Directors for Non-Treasury Board shall:
(a) attend all meetings of the PSAC Atlantic Region Council and the Triennial PSAC Atlantic Convention;
(b) submit a written report of their activities to the PSAC Atlantic Regional Council meetings, the Triennial PSAC Atlantic Regional Convention and to Locals and Branches;
(c) ensure and promote representation of the interests of members other than those employed by Treasury Board in the various union bodies, programs and social justice groups;
(d) serve on Atlantic Regional Council Committees and/or perform other roles and responsibilities as determined by the Atlantic Regional Council.
SECTION 7
Sub-Section (1)
(a) The Atlantic Regional Council shall hold its Triennial Convention during the year preceding or following the PSAC Triennial Convention;
(b) The Atlantic Regional Council may, at the request of two-thirds (2/3) of its members, call a special convention.
Sub-Section (2)
The Triennial PSAC Atlantic Regional Convention shall be chaired by the REVP Atlantic or, in her or his absence, by the Alternate REVP Atlantic or a member of the PSAC Atlantic Regional Council.
Sub-Section (3)
The Triennial PSAC Atlantic Regional Convention shall:
(a) adopt rules of procedure governing the processing of all matters before the Triennial Convention;
(b) deal with all resolutions and matters submitted to it by the Locals, Branches, Regional Women's Committees, Maritimes Women’s Conference, Newfoundland and Labrador Women’s Conference, Area Councils in good standing, Atlantic Regional Council, duly constituted committees of the Atlantic Regional Council as per Section 9, Sub-Section (1) a) of the Atlantic Regional Council By-laws, and recognized PSAC Equity Committees and Alliance Facilitator Networks;
(c) elect the REVP Atlantic and the Alternate REVP Atlantic.
(d) elect the Directors on the Atlantic Regional Council (as outlined in Section 4, Sub-Section 1) and alternates to these positions as follows:
- first (1st) and second (2nd) alternates for the Provincial Directors of each province;
- one alternate for each of the Director positions.
the only requirements are that you have to be a member in good standing and be a delegate at the Triennial PSAC Atlantic Regional Convention.
(e) establish the budgetary provisions of the ensuing period, including the membership fees to be paid by each participating Local or Branch;
(f) deal with any other administrative matters placed before it by the delegates, in the manner prescribed by the procedural rules adopted by the Convention for the orderly conduct of its business.
SECTION 8
Sub-Section (1)
Each Local or Branch shall be entitled to one delegate up to the first 200 members and one additional delegate for each additional 100 members or any part thereof.
Sub-Section (2)
Two (2) delegates from each of the four Atlantic Provinces to represent all the duly established Regional Women’s Committees shall be entitled to attend.
Sub-Section (3)
One delegate entitlement from each of the four Atlantic provinces (i.e. four (4) delegates from each province) to represent each of the following equity groups:
1) Aboriginal members
2) Gay, lesbian, bisexual and transgendered members;
3) Members with disabilities; and
4) Racially visible members.
Sub-Section (4)
One francophone delegate from each of the four Atlantic Provinces to represent francophone groups.
Sub-Section (5)
All Component National Officers who are members of an Atlantic Region Local shall be entitled to attend the Triennial PSAC Atlantic Regional Convention as delegates.
Sub-Section (6)
(a) One delegate for each active Area Council from each of the four Atlantic Provinces to represent Area Councils.
(b) PSAC members who hold a position as NAIM Circle Representative, as an EOC elected Equity Representative or as a Component National Officer who are members of the PSAC Atlantic Regional Caucus shall be entitled to attend the Triennial PSAC Atlantic Regional Convention as delegates.
(c) All Officers outlined above who are unable to attend the Atlantic Regional Convention are entitled to be replaced by an alternate recognized from their organization’s structure providing they are a member of the Atlantic Regional Caucus.
Sub-Section (7)
PSAC Atlantic Regional Council members shall have delegate status to the Triennial PSAC Atlantic Regional Convention.
SECTION 9
Sub-Section (1)
All nominees for the offices of REVP Atlantic and Alternate REVP Atlantic shall be members in good standing of the PSAC.
Sub-Section (2)
(a) A nominee for office as the REVP Atlantic or Alternate REVP Atlantic shall work or reside in the Atlantic.
(b) Nominees for the office of REVP Atlantic shall be prepared to live in a location as determined by the Alliance Executive Committee.
SECTION 10
Sub-Section (1)
At each Triennial PSAC Atlantic Regional Convention, a Nominations Committee of at least three (3) persons shall be appointed by the Atlantic Regional Council from among those present, other than staff.
Sub-Section (2)
The duties of the Nominations Committee shall be to:
(a) receive nominations for the offices of REVP Atlantic and Alternate REVP Atlantic;
(b) verify the eligibility of nominees for office;
(c) ascertain the willingness of nominees to accept and perform the duties of the office to which they may be elected; and
(d) report to the Triennial PSAC Atlantic Regional Convention the names of all such nominees.
Sub-Section (3)
Nominations for the offices of REVP Atlantic and Alternate REVP Atlantic filed with the Nominations Committee shall be in writing, signed by a nominator and a seconder, each of whom shall be an accredited delegate.
Sub-Section (4)
(a) Nominees who are not present at the Triennial PSAC Atlantic Regional Convention must submit a nomination form to the PSAC Regional Staff Coordinator prior to the start of the Triennial PSAC Atlantic Regional Convention.
(b) Nominees who are present at the Triennial PSAC Atlantic Regional Convention can submit a nomination form to the Regional Staff Coordinator prior to the start of the Triennial PSAC Atlantic Regional Convention or to the Nominations Committee during Convention or be nominated from the floor of the Triennial PSAC Atlantic Regional Convention. The Regional Staff Coordinator will provide nomination forms received prior to the commencement of Triennial PSAC Atlantic Regional Convention to the Chair of the Nominations Committee as soon as the Nominations Committee has been ratified by Triennial PSAC Atlantic Regional Convention delegates.
Sub-Section (5)
The Chairperson of the Nominations Committee shall be appointed by the Atlantic Regional Council and shall conduct the election of REVP Atlantic and Alternate REVP Atlantic. The Chairperson shall have the power to appoint scrutineers and assistants deemed necessary to conduct the elections in an orderly manner, subject to the limitations of Sub-Section (1) above.
Sub-Section (6)
(a) The election of the REVP Atlantic and the Alternate REVP Atlantic shall be conducted in turn. Each office shall be called in turn and completed before the next office is called.
(b) As the election for the offices of REVP Atlantic and Alternate REVP Atlantic is called, the nominee, nominator or seconder of each nominee, whether filed previously with the Nominations Committee or nominated from the floor, may speak to the Triennial PSAC Atlantic Regional Convention for not more than three (3) minutes on behalf of that nominee.
(c) The election to the offices of REVP Atlantic and Alternate REVP Atlantic shall be by secret ballot. A blank ballot paper shall be distributed to all voting delegates, for each office in turn as it is called. Each voting delegate shall write on the ballot paper the name of his/her choice for the office called, from among the nominees for office.
(d) Election to the offices of REVP Atlantic and Alternate REVP Atlantic shall be declared only on receipt of a clear majority of the ballots cast with standings revealed to voting delegates after each ballot. In the event that more than two (2) nominees stand for election to any one office, the election procedure shall be by way of elimination.
(e) In the event of a tie vote, the Chairperson shall immediately take a second ballot without recess or adjournment. If this results in a second tie vote, the Chairperson shall call a short recess before taking the third ballot.
(f) Upon completion of the election of the REVP Atlantic and Alternate REVP Atlantic, the Nominations Committee will sign a declaration outlining the number of accredited delegates, the number of accredited delegates voting, the vote tally for each candidate, and the number of spoiled ballots for each ballot during the election of the REVP Atlantic. The signed declaration will be forwarded to the PSAC National President and maintained on file.
(g) The REVP Atlantic and the Alternate REVP Atlantic shall take office at the end of the Triennial PSAC Atlantic Regional Convention.
(h) Members elected to the position of REVP Atlantic shall not hold Component, Local or Branch Executive Officer positions.
Subsection (7)
- A vacancy in the office of REVP Atlantic shall be filled by the Alternate REVP Atlantic.
- A vacancy in the office of the Alternate REVP occurring six months or more prior to the Triennial PSAC Atlantic Regional Convention shall be filled in the following manner:
- Nominations shall be called by the Alliance Executive Committee from amongst all members in the Atlantic Region.
- The AEC shall ensure that all nominees are members in good standing of the PSAC in the Atlantic Region of the PSAC, and that the nominator and seconder were delegates at the previous Triennial PSAC Atlantic Regional Convention.
- The nominations process will be concluded within 60 days from the date of notice of vacancy in the position of Alternate REVP Atlantic.
- If there is more than one nominee for the office of Alternate REVP Atlantic, and an election is necessary, it shall be conducted by the AEC from amongst those members in good standing who were voting delegates at the preceding Triennial PSAC Atlantic Regional Convention.
SECTION 11
Sub-Section (1)
(a) The PSAC Atlantic Regional Council shall establish the following committees:
- Education
- Finance
- Union/Management
- Health and Safety
- Political Action
(b) both the Triennial PSAC Atlantic Regional Convention and the Atlantic Regional Council shall have the authority to establish committees of the Council;
(c) the REVP Atlantic, in consultation with the Atlantic Regional Council, shall coordinate democratic processes to ensure that committee members are selected by the constituencies and groups they represent. Once the Atlantic Regional Council is satisfied that a democratic process has been followed, the appointments of committee members shall be ratified by the Atlantic Regional Council;
(d) all PSAC Atlantic Regional Council committees shall submit a written report of their activities to Atlantic Regional Council meetings and the Triennial PSAC Atlantic Regional Convention;
(e) the PSAC Atlantic Regional Council shall establish terms of reference to guide the work and activities of each committee.
SECTION 12
Sub-Section (1)
Area Councils shall be established in accordance with PSAC Constitution Section 14.
Sub-Section (2)
(a) Area Council meetings shall be open to all members of the affiliated Locals or Branches of Components and Directly Chartered Locals within the area of jurisdiction who shall have full voice on all discussions at Area Council meetings. Each affiliated Local shall be entitled to two delegates for the first 500 members and one additional delegate for each additional 500 members or part thereof. Voting rights at Area Council meetings shall be vested in the elected delegates from the affiliated Locals and the elected officers of the Area Council.
(b) Area Councils shall forward to the REVP Atlantic, minutes of all meetings no later than thirty (30) days following the date on which each meeting is held.
Sub-Section (3)
(a) Area Council delegates shall have the right to elect a delegate to Triennial PSAC Atlantic Regional Conventions at an annual meeting.
(b) Area Council resolutions to Triennial PSAC Atlantic Regional Conventions must be submitted to the office of the REVP Atlantic within the timeframes provided in the convention call.
SECTION 13
The Newfoundland and Labrador Women’s Conference and the Maritime Women’s Conferences shall be held at least six (6) months prior to the National Women’s Conference and the Triennial PSAC Atlantic Regional Convention.
SECTION 14
Sub-Section (1)
The PSAC Atlantic Regional Council shall be funded from the budget allocated by PSAC to the PSAC Atlantic Regional Council.
Sub-Section (2)
Membership fees levied by the PSAC Atlantic Regional Council pursuant to Section 16, Sub-section (2) of the PSAC Constitution may be established by the Triennial PSAC Atlantic Regional Convention.
Sub-Section (3)
The fiscal year of the PSAC-Atlantic Regional Council shall be from January 1 to December 31. A committee of three members may be elected from and by the PSAC Atlantic Regional Council to serve as the Finance Committee. The Finance Committee shall perform an annual audit of Council finances and expenditures. The Finance Committee shall submit a written report to PSAC Atlantic Regional Council meetings, the Triennial PSAC Atlantic Regional Convention, Locals and Branches.
SECTION 15
The PSAC Atlantic Regional Council shall have the authority, by two-thirds (2/3) majority vote at a regular meeting, to suspend or expel from the Atlantic Regional Council any officer for contravening a provision of the PSAC Constitution.
SECTION 16
Sub-Section (1)
(a) Any amendment of, deletion from, or addition to these By-laws shall become effective by approval of two-thirds (2/3) of the delegates voting at a Triennial PSAC Atlantic Regional Convention;
(b) Unless otherwise specified, any amendment of, deletion from, or addition to these by-laws shall become effective at the time of its adoption.
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