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  5. Constitution ARTICLE 17: Collective bargaining

A: BARGAINING AUTHORITY AND RATIFICATION

1. All collective bargaining shall be supervised and coordinated by the President. The Secretary Treasurer, Quebec Director, Regional Directors, Assistants to the National Officers, Department Directors and a National Representative shall act as assigned by the President to assist Bargaining Committees and ensure that the bargaining policies and strategies adopted by the National Union are implemented.

2. Collective bargaining shall be conducted with the participation of a bargaining committee elected by the Local Union or bargaining unit. Local Unions and bargaining committees shall be kept informed of all bargaining.

3. The process for election of local bargaining committees shall be fair and representative.

4. If an election of a Local Union bargaining committee is not practical, the President may approve the appointment of a committee.

Group Bargaining

5. Where a number of locals or bargaining units are involved in a bargaining group, rules and ratification procedures shall be determined in advance and approved by the membership of the Local Unions or bargaining units (or their respective delegates) or by another process approved by the National Executive Board. Upon adoption of these rules, the Local Unions and/or bargaining units are bound by the rules until the end of the bargaining round or until released from their commitments by the bargaining group.

6. When group bargaining has commenced and rules are absent or fail to address substantive issues, the President may amend or impose rules as necessary until the completion of the bargaining process. After the completion of the bargaining process, the rules will be referred to the bargaining group for adoption.

7. Where group or coordinated bargaining involves rules, procedures or relationships with other unions, the President shall review and approve these arrangements prior to approval by Local Unions or bargaining units.

Corporation Bargaining Councils

8. Where a number of Local Unions are involved in collective bargaining with a major corporation or group of corporations, the President may recommend to the National Executive Board the creation of a Corporation Bargaining Council. The Corporation Bargaining Council shall be an administrative arm of the National Union. The Local Unions involved will be members of the Council and participate through elected delegates.

9. The purpose of a Corporation Bargaining Council is to coordinate the demands of the separate members and to formulate policies to deal with their common employer. It will meet to formulate new contract demands no later than 30 days before the opening of negotiations. A Corporation Bargaining Council will deal only with matters and policies concerning its immediate corporation.

10. Voting at Corporation Bargaining Council meetings shall be on a per capita basis according to dues paid to the National Union.

Ratification

11. Any contract entered into through collective bargaining or otherwise concerning terms of conditions of employment shall be ratified by a secret ballot vote of members at a meeting called to ratify the agreement, or by another established process, or special process approved by the President, unless otherwise required by law.

12. Ratification shall be by a majority of those voting.

13. Any memorandum of agreement subject to a ratification vote shall be written and signed by representatives of the Local Union and the National Union.

14. A Local Union or bargaining unit may apply to the President of the National Union for a voting procedure to recognize the distinct interests of a defined group of members. Upon approval by the President, members of the defined group can vote in separate ratifications on matters which relate exclusively to their group and at the same time, vote also on common matters in the memorandum of agreement.

15. The President of the National Union may delay the ratification vote on a memorandum of agreement if it is deemed that the agreement would be harmful to bargaining strategy of a group or sector, or to the Union as a whole.

16. Following ratification or amendment of a collective agreement, a copy of the signed memorandum of agreement and the new or revised collective agreement, including revised wages and classifications, shall be forwarded to the Secretary Treasurer by the National Representative who was engaged in the collective bargaining.

B: STRIKE AUTHORIZATION

  1. Strike action by a Local Union or bargaining unit or by a group of Local Unions and bargaining units must have prior strike authorization by the President.
  2. Strike authorization by the President shall require a legal strike vote within the appropriate jurisdiction conducted by secret ballot or another secure, confidential voting system.
  3. Where more than one bargaining unit is engaged in joint bargaining the procedure established for determining strike vote results shall be approved by the National Executive Board where it is not determined by law.
  4. All Local Union members, or unit members and all affected bargaining unit employees, as provided by law, shall receive reasonable notice of the vote.
  5. Strike authorization by the President shall be governed by the Strike and Defence Fund Policy adopted by the National Executive Board. No strike action shall take place until strike authorization has been granted by the President, and until strike authorization is subsequently released to the Local Union by the Quebec Director, Regional Director or National Representative assigned.
  6. With National Executive Board approval, the President may revoke the Charter of any Local Union engaging in an unauthorized strike action. This action will cancel all privileges, powers and rights of such Local Union.

C: STRIKE AND DEFENCE FUND

  1. A Strike and Defence Fund shall be established by the National Executive Board and 7.5% or 10% of all National Union dues shall be deposited into the Fund.
  2. The purpose of the Strike and Defence Fund is to support members engaged in an authorized strike or a lock out, and to fund campaigns to defend the membership and the National Union.
  3. The Fund shall be governed and managed according to the Strike and Defence Policy adopted by the National Executive Board.
  4. The Strike and Defence Fund shall pay benefits of $300.00 for each week of an authorized strike or lockout, prorated by day, including the first week, and additional medical, health or special assistance as provided for in the Strike and Defence Policy and criteria established by the National Executive Board.
  5. Benefits will cease following the Local Union or bargaining unit’s return to work date, not to exceed twenty-eight (28) days following the ratification date.
  6. The Canadian Council, by a two-thirds vote cast on a per capita basis, may amend Article 16 of this Constitution if it is determined that extraordinary dues are required to strengthen the Strike and Defence Fund.
  7. All of the foregoing article shall apply in all jurisdictions except where the applicable labour relations statute requires a different procedure or process, in which case that statute shall be applied.

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