Constitution

Approved by the Board

I. Mission Statement

1.1 The mission of the APTPUO is to promote and to protect the rights and privileges of part-time professors teaching on the campuses of the University of Ottawa. Also, this association will work to defend and improve the quality of education. The APTPUO will assure acceptable working relations and conditions for its members. While preserving its autonomy, the APTPUO will collaborate with other associations sharing the same ideals and objectives in education.

1.2 Objectives

The objective of the Constitution is to regulate relations between members of the Association to ensure effective and democratic representation of the members with the University.

II. Members

2.1 Any person who is engaged or employed by the University of Ottawa (the Employer), to perform bargaining unit work as defined in the collective agreement between the Employer and the Association, shall become a member.

2.2 Any member whose employment terminates may maintain his or her Membership as member-at-large, for 2 academic years following the academic year in which he or she was last employed.

2.3 No person otherwise eligible for membership in the Association shall be admitted to Membership if he or she is excluded for exercising managerial duties or performing duties of a confidential nature for the employer, or if he or she has been fined, suspended or expelled by the Association, until such time as terms of such fine, suspension, or expulsion have been complied with.

III. Human Rights

3.1 No member shall be subjected to discrimination, interference, hindrance, harassment, or restriction with regard to the term and condition of Membership or Membership status on the basis of his or her race, beliefs, creed, colour, age, ethnic origin, language, nationality, citizenship status, ancestry, sex, sexual orientation or preference, marital or parental status, family ties, place of residence, religious or political beliefs, handicap, physical disability, criminal record, or record of offenses. family ties, place of residence, religious or political beliefs, handicap, physical disability, criminal record, or record of offenses.

IV. Bilingualism

4.1 The Association shall conduct its affairs in both official languages, English and French. All legal documents in both official languages shall have equal legal force.

V. Freedom of Association

5.1 The Association may decide to merge or affiliate with an international, national, or provincial union provided that the merger of affiliation will not result in substantial and/or fundamental changes in the objectives, methods of operation, and management of the affairs of the Association.

VI. Administration

6.1 Every governing authority of the Association shall conduct its affairs and activities in accordance with this Constitution.

6.2 The decisions of any governing authority shall be executory, and shall remain in effect until such time as the said decisions are reversed or modified by the same or a higher authority.

6.3 The affairs of the Association shall be managed in the following manner:

  1. By the General Membership Meeting, as the highest authority of the Association;
  2. By the Board of Directors, exercising the authority of a General Membership Meeting between meetings;
  3. By the Union Council

VII. General Membership Meeting of the Association

7.1 The General Membership Meeting shall have the power to consider any matters brought forward by the Board of Directors, or by any two members present at the meeting. Without limitation to the following, the General Membership Meeting shall have the exclusive power:

  1. to adopt and amend this Constitution;
  2. to elect members of the Board of Directors and of the bargaining committee;
  3. to adopt the annual budget and to approve any special assessment;
  4. to decide on affiliation, merger or amalgamation, and
  5. to make any decision necessary to implement the provisions of this Constitution.

7.2 One annual General Membership Meeting shall be called in November or December of each fiscal year. The Board of Directors may, from time to time, call other special General Membership Meetings of the Association as required, or if requested to do so by at least ten members.

7.3 The Board shall notify members of the date, time, place and agenda of the General Membership Meeting at least twenty five days prior to the date of the meeting. The notice of meeting shall be posted 0n a bulletin board outside the Association's office and on other public boards of the University. The members may attend and vote at a General Membership Meeting in person or as otherwise permitted by the Constitution or by-laws.

7.4 Quorum for the legal transaction of business shall be twenty members present in person or as otherwise permitted by the Constitution or by-laws.

7.5 No error or omission in giving notice of any General Membership Meeting shall invalidate the meeting, or make void any proceedings taken at the meeting.

VIII. Board of Directors

8.1 The Annual General Meeting shall elect seven (7) members to the Board of Directors, hereafter referred to as the Board, and two (2) substitutes. A majority of the Directors must be bilingual. The nomination and election process for a Board position shall be set out in a by-law. The responsibilities of the members of the Board shall be set out in a by-law.

8.2 The Board of Directors shall appoint a President, a Vice President, a Secretary, a Treasurer and a French and English grievance officer from among the Directors.

8.3 The Directors may, on behalf of the Association, exercise all the powers that the Association may legally exercise under the law or otherwise, unless the Directors are restricted by law or by this Constitution from exercising those powers.

8.4 Every Director shall be elected by the members at an annual General Membership Meeting to hold office until the second annual General Membership Meeting following election to that office or until a successor to that office has been duly elected.

8.5 The Board shall meet at least twice a year. A majority of Directors shall constitute a quorum for transaction of business. These meetings shall be open to all members and publicized in advance in order to allow members to attend and to raise any concern.

8.6 No error or omission with respect to notice of a meeting of the Board shall invalidate the meeting, or invalidate or make void any proceedings taken or entered into at such meeting.

8.7 The Directors shall vote on any matter or motion arising at any meeting of the Board. Each Director has one vote on any matter to be decided by vote at any meeting of the Board of Directors. A majority of votes shall decide the said matter or motion. A declaration by the Secretary that a resolution has been carried and an entry to that effect in the minutes shall be admissible in evidence as prima facie proof of the fact, without proof of the number of proportion of the votes recorded in favour or against any resolution.

8.8 Meetings of the Board may be held by conference telephone, or by similar telecommunication, provided that all Directors agree and that the method permits each Director to hear each other Director. A Director participating in a meeting by such a method is deemed to be present at the meeting.

IX. By-Laws

9.1 The Association may establish by-laws and policies for its operations and such by-laws and policies shall be fully consistent with the Constitution and shall in no way contravene its provisions.

9.2 The Board of Directors shall create by-laws and policies.

9.3 Any member may propose a by-law for consideration and adoption by the Board of Directors by submitting a written proposal. These proposals shall be considered at a regular meeting of the Board of Directors.

9.4 A by-law requires at least two Board meetings to be enacted, changed or rescinded. These meetings must be at least one week apart. At the first meeting, a majority vote of elected and serving Board members must approve the final wording of the by-law. At the second meeting, a majority vote of elected and serving Board members must confirm the same wording of the by-law, which is then binding until changed according to this procedure.

9.5 Within a year of their adoption by the Board of Directors, all new or amended by-laws shall be submitted at a General Membership Meeting for a vote. Only by-laws approved by the membership shall remain in effect.

X. Collective Bargaining

10.1 The Annual General Meeting shall elect four (4) members to the Bargaining Committee plus one substitute, who will become of full member if the person elected as President of APTPUO was elected to the BargainingCommittee. If not elected as a member of the Bargaining Committee at the Annual General Meeting, the person who becomes President of APTPUO shall be ex officio member of the Bargaining Committee.The nomination and election process for bargaining committee members shall be set out in a by-law. The committee shall be responsible for collective bargaining for the Association, in accordance with general guidelines or specific directions of the members.

10.2 The elected members of the Bargaining Committee shall elect among themselves a Chief Negotiator, who will be the Chairperson of the Bargaining Committee. The Bargaining Committee shall report to the Board and/or to the members.

10.3 A General Membership Meeting shall be called as soon as possible to approve any tentative agreement, or to approve any strike action, or to take any appropriate actions leading to a strike if no agreement can be reached. The vote shall be by secret ballot.

10.4 Every member must comply with a strike policy as developed by the Board in the event of a strike. The members shall be informed of the strike policy before any strike is taken.

10.5 The Association shall maintain an adequate strike fund to be used to pay normal operating expenses of the Association, as well as any other expenses related to the strike including a stipend to members who participate in the strike. (Probably need a strike policy by-law).

XI. Amendments

11.1 Any member may propose any amendment to this Constitution. The proposed amendment must be submitted in writing, together with written approvals from five other members supporting the proposed amendment, to the Board of Directors. The proposed amendment must be received by the Board of Directors at least 20 days prior to the next General Membership Meeting. The Board will notify members of the proposed amendment prior to the next General Membership Meeting. The proposed amendment will require a majority of the members present at the meeting to be carried.

XII. Indemnification

12.1 The Association shall indemnify, protect and defend the Directors and employee(s) from and against all other costs, charges and expenses that he or she sustains or incurs, or about or arising from, or in relation to the affairs of the Association except those costs, charges, or expenses thereof as are occasioned by his or her own willful neglect or default.

XIII. Dues and Assessments

13.1 The income of the Association shall derive from the dues (and any special assessment), at the rates determined by the Association, which shall be deducted monthly by the Employer from the salary of each member and excluded person as defined in Article 2.3. The Employer shall remit the amount so deducted to the Association by the end of the month in which the deductions were made and shall at the same time forward a list of names of the persons from whom the deductions were made and the amount of each individual deduction. The rates of dues or of any special assessment shall be determined annually by the General Membership Meeting.

XIV. Assets.

14.1 All assets of the Association shall be considered a trust fund of the members of the Association to be held and administered by the Association in accordance with the direction of the members. No claims, exchanges or payments from those assets, other than those in the ordinary course of business, shall be allowed without the authorization of the General Membership Meeting.

Bylaws

Adopted by the Board of Directors on October 23rd and November 5th, 2012

Ratified by the membership at the General Meeting of November 23rd, 2012.

Original document available in PDF

1. BOARD OF DIRECTORS

1. The Board of Directors shall:

1.1. Take such actions and render such decisions as may be necessary to fully carry out the decisions and instructions of the Membership of the APTPUO, and conduct the day-to-day business of the Association, between annual General Membership Meetings.

1.2. Enforce the Constitution and Bylaws and represent the interests of the APTPUO with respect to agreements with the University of Ottawa

1.3. Be responsible for the handling and processing of all grievances, according to the stipulations of the Collective Agreement, and for monitoring that the terms of the Collective Agreement are respected by the University.

1.4. Establish, in addition to committees mandated in the Constitution, any ad-hoc Committees as are considered appropriate for the needs and purposes of the APTPUO

1.5. Ensure that each Board Member provides a report at each Board meeting.

1.6. Ensure that Board Members attend meetings regularly.

1.6.1. The Board of Directors shall declare vacant the position of any Board Member who fails to attend three consecutive meetings of the Board or to fulfill the duties as set out in the by-laws without a valid reason accepted by a two-third majority of the Board.

1.6.2. The Board shall upon voting two-thirds in favour, immediately suspend that Board member and replace this member with a substitute, as set out in the Constitution.

1.6.3. In the case of multiple absences with a valid reason, the Board and the Board member may agree to forfeit the member's honorarium for the period that the Board member is absent.

2. HONORARIA

2.1. Each Member of the Board of Directors shall receive an honorarium.

2.2. The Vice-Presidents, Treasurer, Grievance Officers, and Secretary shall receive the equivalent of one appointment and a half (1.5) per year.

2.3. The President shall receive the equivalent of two appointments and a half (2.5) per year.

2.4. An appointment is equal to the basic rate for one three-credit course, including 4% of vacation pay.

2.5. Honoraria are paid at the end of the quarter.

2.6. Each Member of the Board of Directors shall receive compensation for a parking pass at the rate charged by the University of Ottawa.

3. BOARD MEMBER RESPONSIBILITIES

3.1. The President shall:

3.1.1. Be the official spokesperson for the APTPUO, subject to the direction of the Board

3.1.2. Ensure Board Members respect the APTPUO Constitution and Bylaws

3.1.3. Preside at all Board of Directors' meetings and preserve order

3.1.4. Decide all points of order and procedure (subject to appeal under Robert's Rules of Order)

3.1.5. Ensure that all Board Members perform their assigned duties

3.1.6. Fill Committee vacancies where elections are not required, subject to affirmation by Board.

3.1.7. Convene the Bargaining Unit meetings to hold votes concerning bargaining proposals, strikes, and ratification

3.1.8. Convene the annual General Membership Meeting and special General Membership Meetings

3.1.9. Be an ex-officio member of all APTPUO Committees

3.1.10. Be responsible for supervising APTPUO staff.

3.2 The Vice-President Internal shall:

3.2.1 Be responsible for the duties of the President in her or his absence

3.2.2 Render assistance to the Board, Committees, or Members, as directed by the Board

3.2.3 Ensure effective communications and mobilization of the Membership, in support of the Board, Committees, or Members, as directed by the Board

3.2.4 Ensure that the website and any other information-communication technologies are current and effective

3.2.5 Assist in organising activities for members such as orientation sessions, socials, and award ceremonies

3.3 The Vice-President External shall:

3.3.1 Liaise, in conjunction with the President, with other unions and groups on campus

3.3.2 Render assistance to the Board, Committees, or Members, as directed by the Board

3.3.3 Attend on behalf of the APTPUO university meetings, committees, and events

3.3.4 Be responsible for assembly and production of all press releases and other external communications

3.3.5 Assist in organising Member engagement activities such as orientation sessions, socials, and award ceremonies

3.4 The Treasurer shall:

3.4.1 Prepare and present, upon approval of the draft documents by the Board of Directors, a budget for the next fiscal year and a report on the financial status of the APTPUO at the annual General Membership Meeting

3.4.2 Receive all revenue, dues, and assessments, and deposit promptly all money with the APTPUO's bank or credit union. Ensure all salary and honoraria payments, payroll deductions and remittances, and any other payments as authorized by the Membership or Board of Directors

3.4.3 Be responsible for maintaining, organizing, safeguarding, and keeping on file all supporting documents, authorizations, invoices and/or vouchers for every disbursement made, receipts for all money as well as records and supporting documents for all income received

3.4.4 Record all financial transactions in a manner acceptable to the Board and in accordance with good accounting practices

3.4.5 Make a full financial report at meetings of the Board, including circulating a printed list of all cheques/disbursements and investment bank account activity since the last Board meeting

3.4.6 Be one of the three cheque-signing officers appointed by the Board of Directors, and ensure all cheques are signed by two Board Members who have signing authority.

3.4.7 Make all records available for inspection for auditing

3.4.8 Become familiar with the University's fiscal policy with regard to membership dues so as to be able to advise the Board and membership on issues related to the topic

3.4.9 Have primary responsibility for administering APTPUO grant applications and awards

3.5 The Grievance Officers shall:

3.5.1 Handle and process all grievances and other related actions to enforce the APTPUO Collective Agreement

3.5.2 Document all grievances and queries in a timely manner. This documentation shall be kept on record at the APTPUO office

3.5.3 Respond to member queries in a timely fashion and confidential manner, providing advice about a member's rights and responsibilities under the APTPUO Collective Agreement

3.5.4 Make presentations about the Collective Agreement at APTPUO orientation sessions, workshops, and other events

3.6 The Secretary shall:

3.6.1 Keep full, accurate, and impartial account of the proceedings of the Annual General Meeting, any Special General Meeting, and Board of Directors meetings, and submit these written reports in a timely manner

3.6.2 Prepare the agenda and related documentation for each Board meeting

3.6.3 Keep a record of all motions passed at all Board meetings, and have it available for consultation during all Board meetings.

3.6.4 Record all alterations in the governing documents

3.6.5 Be responsible for posting a notice announcing a Board Meeting, annual General Membership Meeting or special General Membership Meeting

3.6.6 Arrange with the President to answer correspondence and fulfill other secretarial duties as directed by the Board

3.6.7 File a copy of all letters sent out and keep on file all communications

3.6.8 Perform additional duties to ensure effective communications and mobilization of the membership, in support of the Board, Committees, or Members as directed by the Board

3.6.9 Make necessary preparations with the President and VP Internal for the annual General Membership Meeting and special General Membership Meetings, including elections

3.6.10 Ensure the necessary resources are available for elections

4. NOMINATIONS AND ELECTIONS

4.1. The election of Board of Directors members and Bargaining Committee members shall take place once each year at the annual General Membership Meeting, normally held the last week of November but to be held no later than the first week of December.

4.1.1. Board members shall be elected for a term of two years. Elections will be staggered, so that three Board of Directors' positions will be open for election one year and the other four positions the following year.

4.1.2. Bargaining Committee members shall be elected for one year.

4.1.3. Substitutes for the Board of Directors and Bargaining Committee shall be the candidates with the highest vote count who were not elected.

4.1.4. In the case that a Board Member resigns, the substitute shall become a Board Member until the next election at the annual General Membership Meeting.

4.2. Nomination for Board of Directors and Bargaining Committee positions shall be opened on the first working day of November and shall continue to be accepted until the time the nomination process is closed by the Moderator at the annual General Membership Meeting.

4.2.1. Nomination forms may be obtained from the APTPUO office and will be available at the annual General Membership Meeting.

4.2.2. Completed forms must contain the name of the nominee and the signature of two other Members in good standing.

4.3. No APTPUO resources shall be used for the purpose of any individual election campaign, or the endorsement of any individual campaign or campaign slate. The Members campaigning for office shall ensure that any statements or claims are honest and accurate.

4.4. The Moderator shall have the authority to make and enforce fair and neutral election guidelines in order to ensure that the election conforms to good electoral practice

4.5. At the annual General Membership Meeting, the Moderator shall advise the members present of the positions to be filled, the members already nominated (if any) for those positions, and shall call for further nominations, after which the Moderator shall then declare nominations closed.

4.6. Each candidate shall be entitled to speak for three minutes. The speaking order will be determined by the moderator drawing candidates' names

4.7. Voting shall be by secret ballot, only by Members present at the General Membership Meeting at the time of voting.The Moderator shall be responsible for issuing, collecting, and counting ballots. Each candidate may appoint a scrutineer to observe the counting of ballots.

4.8. The Moderator shall announce the names of the members elected and the names of the substitutes

4.9. The ballots will be held by the Moderator and destroyed fourteen days after the election, unless an electoral complaint is made. In the case of an electoral complaint, the ballots will be destroyed as soon as the ad hoc Investigatory Committee renders its decision.

5. COMMITTEES

5.1. The Board of Directors shall create terms of reference for all committees, including ad-hoc committees

5.2. The terms of reference for any committee and any other body constituted by the APTPUO shall include, or deemed to include, the following provision:

"The Committee shall be conscious of and sensitive to the issues of conflict of interest and apprehension of bias. A Committee member who perceives an issue of possible conflict of interest or apprehension of bias on their own, or on the part of another member, whether it arises from a personal or other involvement, shall raise it. The matter shall be discussed and then resolved by the remaining members of the Committee who may direct the member to be absent from discussion, impose specific limitation on the member's involvement, or conclude that no action needs to be taken."

6. FINANCES

6.1 All APTPUO funds shall be kept in recognized and insured Canadian institutions. The principal operating account of the APTPUO shall be held at an institution within reasonable distance of the University of Ottawa Campus.

6.2 Disbursements from APTPUO finances shall be made by cheque. Two signatures are required on each cheque.

6.3 The fiscal year for the APTPUO shall be from November 1 of one year to October 31 of the following calendar year.

6.4 The Board of Directors shall decide on three signing officers, one of whom shall be the Treasurer.

6.5 Any expenditures in non-budgeted areas exceeding $500 shall be authorized in advance.

6.6 The Board of Directors shall have an external audit carried out annually.

7. GENERAL MEMBERSHIP MEETINGS

7.1. General Membership Meetings shall be held in accordance with Article VII of the APTPUO Constitution

7.2. Requests for a special General Membership Meeting shall be in writing and signed by at least fifty Members in good standing