Constitution 2017-04-08T00:46:50+00:00

CONSTITUTION

OF THE

NEWFOUNDLAND AND LABRADOR FEDERATION OF LABOUR

(CLC)

As Amended by Convention December 1-4, 2013

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TABLE OF CONTENTS

ARTICLE 1 NAME AND LOCATION

ARTICLE 2 PURPOSE

ARTICLE 3 MEMBERSHIP

Section 1 Composition

Section 2 Expel from Affiliation

Section 3 Affiliate Responsibility

ARTICLE 4 CONVENTIONS

Section 1 Governing Body

Section 2 Convention Call

Section 3 Special Convention

Section 4 Representation at Convention

Section 5 Credential Entitlement

Section 6 Registration Fee

Section 7 Delegate Restrictions

Section 8 Credentials Committee

Section 9 Credentials for Executive Officer

Section 10 Fraternals

Section 11 Resolutions, Petitions and Appeals

Section 12 Convention Committees

Section 13 Quorum

Section 14 Rules of Order

Section 15 Convention Policy

ARTICLE 5 OFFICERS

Section 1 Officers

Section 2 Officers in Good Standing

Section 3 Executive Officers

Section 4 Election of Officers

Section 5 Oath of Office

Section 6 Term of Office

Section 7 Vacancies

Section 8 Title of Real Estate

ARTICLE 6 DUTIES OF EXECUTIVE OFFICERS

Section 1 Functions and Duties of the President

Section 2 Functions and Duties of the Secretary-Treasurer

Section 3 Functions and Duties of the First (1st) Vice President

Section 4 Functions and Duties of Executive Officers and General Vice-Presidents

ARTICLE 7 EXECUTIVE COUNCIL

Section 1 Composition of Executive Council

Section 2 Roles and Duties of Executive Council

Section 3 Authority to Investigate

Section 4 Quorum

Section 5 Expenses

Section 6 Removal from Office

Section 7 Representation from Labour Councils

Section 8 Headquarters

ARTICLE 8 REVENUE

Section 1 Per Capita Tax

Section 2 Per Capita Affiliates

Section 3 Per Capita Labour Councils

Section 4 Penalty for Non-Payment

Section 5 New Affiliates

Section 6 Waiver of Per Capita Tax

ARTICLE 9 COMMITTEES

Section 1 Standing Committees

Section 2 Duties of Committees

Section 3 Other Committees

Section 4 Selection of Chairpersons

Section 5 Term of Committee

ARTICLE 10 OMBUDSPERSON

ARTICLE 11 AMENDMENTS

ARTICLE 1 NAME AND LOCATION

Section 1. This Federation shall be known as the Newfoundland and Labrador Federation of Labour and is chartered by the Canadian Labour Congress. It shall consist of organizations affiliated to or chartered by the Canadian Labour Congress which become affiliated to this Federation. These organizations shall conform to the Constitution and the Rules and Regulations of this Federation as set forth herewith. This Federation shall not be dissolved while there are six (6) organizations remaining in affiliation.

Section 2. In the event that the affiliated organizations of this Federation should fall below the required number as contained in this Article, all funds and property of any character shall revert to the Canadian Labour Congress which shall, to the extent appropriate, hold such funds and property in trust until such time as this Federation be reorganized and be able to conform with the Constitution and the Laws of the Canadian Labour Congress.

ARTICLE 2 PURPOSE

The purposes of this Federation are:

  1. 1. To support the Principles and Policies of the Canadian Labour Congress.
  1. 2. To promote the interests of its affiliates and generally to advance the economic and social welfare of the workers of Newfoundland and Labrador.

3.

(a)

To assist affiliated organizations in extending the benefits 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.

  1. 4. To encourage all workers regardless of race, colour, creed, sex, age, sexual orientation, gender identity, gender expression, disability, national origin, political or religious affiliations, and without distinction of language, to share in the full benefits of union organization.
  2. 5. To secure provincial legislation which will safeguard and promote the principal of free collective bargaining, the rights of workers, and the security and welfare of all people.
  1. 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 democracy.
  1. 7. To promote the cause of peace and freedom in the world and to assist and co-operate with free and democratic labour movements throughout the world.
  1. 8. To aid and encourage the sale and use of union-made 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.
  1. 9. To protect the labour movement from any and all corrupt influences and from the undermining efforts of all agencies which are opposed to the basic principles of democracy and free and democratic unionism.
  1. 10. To preserve 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 3 MEMBERSHIP

Section 1 Composition

The Federation shall be composed of:

  1. (a) Local unions, branches and lodges of national and international unions, regional and provincial organizations affiliated to the Canadian Labour Congress;
  1. (b) Local unions within the province chartered by the Canadian Labour Congress; and
  1. (c) Labour councils within the province chartered by the Canadian Labour Congress.

Section 2 Expel from Affiliation

Any organization affiliated with this Federation may be expelled from affiliation by a two-thirds (2/3) majority vote of the triennial convention. Any decision to expel may be appealed to the Canadian Council of the Canadian Labour Congress within two (2) months. The decision shall be in force and effect during appeal.

Section 3 Affiliate Responsibility

It shall be the duty of each affiliated organization to furnish the Secretary- Treasurer of the Federation with the following:

    1. (a) All official reports which deal with matters within the purview of the Federation.
    1. (b) Such other reports as will facilitate and make more effective the work of the Federation.
    1. (c) A statement of their membership in good standing.

ARTICLE 4 CONVENTIONS

Section 1 Governing Body

The triennial Convention shall be the supreme governing body of the Federation and except as provided in Article 4, Section 11(c) and in Article 11, its decision shall be by majority vote.

Section 2 Convention Call

    • (a) The regular convention of the Federation shall be held triennially, at a location to be determined by the Executive Council. With the exclusion of July and August, the date and time shall be decided by the Executive Council who shall give at least sixty (60) days’ notice.
    • (b) In non-triennial convention years, issue(s)-based conventions shall be held at locations to be determined by the Executive Council. The issue(s) to be discussed at these conventions shall be determined by the Executive Council in consultation with the affiliates. With the exclusion of July and August, the date and time shall be decided by the Executive Council who shall give at least sixty (60) days’ notice.

Section 3 Special Conventions

    • (a) Special conventions may be called by direction of a triennial convention, by order of the Executive Council, or at the request of affiliated organizations representing a majority of the total membership of the Federation, as evidenced by the records of the Secretary-Treasurer from the last triennial convention.
    • (b) In the event of a majority of affiliates requesting a special convention as provided in Sub-Section (a) the Executive Council shall issue a call for the special convention within (30) thirty calendar days of such request, giving notice of time and place for holding the special convention together with a statement of the business to be considered.
    • (c) Representation to special conventions or issue(s)-based conventions shall be on the same basis as triennial conventions.
    • (d) Except as provided in Sub-Section (b), a special convention shall exercise the same authority as triennial conventions.
    • (e) Notwithstanding the provisions of this Section, the Executive Council may, in case of emergency, decide at any session by two-thirds (2/3) vote not to meet for three (3) years.

Section 4 Representation at Conventions

    • (a) Representation at all conventions shall be from affiliates on the following basis: one (1) delegate for fifty (50) or less members; two (2) delegates for fifty-one to one-hundred (51 to 100) members; and one (1) additional delegate for each additional two-hundred (200) members or major fraction thereof. Local unions may elect alternates in the same manner as delegates to all conventions. Alternates shall only be seated as a delegate in the absence of the delegate for whom they are the alternate.

One (1) additional credential shall be allocated to each affiliate for youth delegates under the age of thirty-five (35).

    • (b) For the purpose of calculating the number of members on which an affiliate is entitled to representation, it shall be calculated on the average number of members on which Per Capita Tax has been paid to the Federation during the twelve (12) month period next preceding three

(3) months prior to the opening date of the Convention.

    • (c) Local Labour Councils shall be entitled to a maximum of three (3) delegates.

Section 5 Credential Entitlement

Not less than sixty (60) calendar days prior to the opening of each triennial or issue(s)-based convention and thirty (30) calendar days prior to any special convention, the Secretary-Treasurer shall furnish each affiliate with official credentials which must be attested as required on the blanks and sent to the Secretary-Treasurer. A delegate must be a member of the local union, branch or lodge. Two (2) or more local unions, branches or lodges may combine to send a delegate. No credentials shall be accepted later than fifteen (15) days prior to the opening date of a triennial or issue(s)-based convention, and ten (10) calendar days prior to a special convention.

Section 6 Registration Fee

A registration fee shall be charged to each delegate and guest. The amount of such fee shall be as determined by the Executive Council.

Section 7 Delegate Restrictions

    • (a) Any organization suspended or expelled by the Canadian Labour Congress or by this Federation shall not, while under such penalty, be allowed representation at conventions. Any organization which, at the opening date of the convention is in arrears for per capita tax for three

(3) months or more shall not be entitled to representation in convention.

    • (b) Any person or member suspended by or expelled from any organization affiliated to this Federation shall not be seated as a delegate nor allowed representation or recognition in the Federation on behalf of the organization from which that person or member has been suspended or expelled.
    • (c) Any organization which has not applied for and obtained a certificate of affiliation to this Federation at least one (1) month prior to the convention shall not be allowed representation in that convention except by permission of the Executive Council.

Section 8 Credentials Committees

Prior to the opening date of a convention, the President in consultation with the Executive Council shall appoint a Committee on Credentials. Such Committee shall consist of not less than three (3) members chosen from those on whose behalf credentials have been submitted. The Committee shall meet prior to the opening day of the Convention, validate all credentials according to the Constitution, and provide for the registration of those approved. It shall report to the Convention on the first (1st) day and all subsequent days. The Convention shall be constituted for business and delegates deemed to be seated upon the report of the Credentials Committee and acceptance of the report by delegates so reported. Appeals from any decision of the Committee

shall be laid before the Convention so constituted.

Section 9 Credentials for Executive Officers

    • (a) Officers of the Federation shall be deemed to be delegates to all conventions with all the rights and privileges of such. In order to seek re-election, Officers must carry a credential as a delegate from an affiliated organization entitled to representation or special credential as provided in Section 9(b).
    • (b) Each organization entitled to representation having a member serving as an Officer of the Federation shall be issued special credentials, provided the member has remained in good standing in the organization and has not acted against its interests. These special credentials must be attested as required on the blanks.

Section 10 Fraternals

Officers of the Canadian Labour Congress and invited fraternal delegates attending conventions of the Federation shall be entitled to all rights of delegates other than to move motions, voting or standing for election to office.

Section 11 Resolutions, Petitions and Appeals

    • (a) Except as provided elsewhere in this Constitution, all constitutional amendments, resolutions, petitions, and appeals to be considered at a triennial convention or special convention of the Federation must be received by the Secretary-Treasurer of the Federation thirty (30) calendar days immediately preceding the opening of that Convention.
    • (b) Resolutions, in order to be accepted must be submitted by the Executive Council or by an organization affiliated to the Federation, signed by the presiding officer and secretary or designate. A resolution shall not deal with more than one subject matter, and shall not contain more than one hundred and fifty (150) words.
    • (c) Resolutions, other than emergency, petitions and appeals received or submitted outside the time limits outlined above shall be referred to the Executive Council. The Council may refer such proposal or proposals to the convention with the understanding that consideration is

dependent upon two-thirds majority consent of the Convention.

    • (d) An affiliate may submit an emergency resolution to the Executive Council, who shall refer such emergency resolution to the Convention with the understanding that consideration is dependent upon two thirds majority consent of the Convention.
    • (e) Resolutions, petitions or appeals properly received for consideration by the triennial or special convention shall be classified as to nature, contents, and subject matter and referred to an appropriate convention committee. The Committee shall report to the convention prior to consideration by the Convention.

Section 12 Convention Committees

Prior to the opening date of the Convention, the President in consultation with the Executive Council shall appoint such committees as are necessary to conduct the affairs of the Convention. The Executive Council may request any such committee to meet prior to the Convention for the purpose of considering matters placed before it, in which event the members thereof shall be paid by the Federation such amount of wages and expenses for such extra days as the Executive Council shall determine.

Section 13 Quorum

Fifty percent (50%) plus one (1) of the registered voting delegates at any convention shall constitute a quorum for the transaction of business.

Section 14 Rules of Order

The rules and order of business governing triennial and special conventions shall be:

    • (a) The President shall take the Chair at the time specified at all triennial and special conventions. In the absence of the President, the Secretary- Treasurer shall preside. In the absence of both, the chairperson shall be the First (1st) Vice-President or designate as chosen by the Executive Council.
    • (b) No question of a sectarian character shall be discussed.
    • (c) A delegate who wishes to speak shall use one of the microphones provided for that purpose. When recognized by the Chairperson, the delegate shall state name and organization. Remarks shall be confined to the question at issue.
    • (d) Speeches shall be limited to five (5) minutes except in moving a resolution when the delegates shall be allowed ten (10) minutes.
    • (e) A delegate shall not speak more than once upon a subject until all who wish to speak have had an opportunity to do so.
    • (f) A delegate shall not interrupt another, except to call a point of order.
    • (g) A delegate being called to order shall, at the request of the Chairperson, take a seat until the question of order has been decided.
    • (h) Should a delegate persist in unparliamentary conduct, the Chairperson will be compelled to name the delegate and submit the conduct to the judgment of the Convention. In such case the delegate, whose conduct is in question, should explain and then withdraw, and the convention will determine what course to pursue in the matter.
    • (i) 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.
    • (j) Questions may be decided by a show of hands or a standing vote on the basis of one (1) vote per delegate. A Roll Call Vote may be demanded by a majority of the delegates present. In a Roll Call Vote, each delegate shall be entitled to one (1) vote.
    • (k) Two (2) delegates may appeal the decision of the Chair. The Chairperson shall then put the question thus: “Shall the decision of the Chair be sustained?” The question shall not be debatable except that the Chairperson may make an explanation of his or her decision.
    • (l) The Chairperson shall have the same rights as other delegates to vote on any question. In case of a tie vote, he or she shall cast the deciding vote.
    • (m) 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.
    • (n) Committees may combine resolutions or prepare a composite to cover the intent of the question at issue. Reports of committees are not subject to amendment except such as is acceptable to the committee for reconsideration shall be in order.
    • (o) A delegate shall not move a motion to refer back after he or she has spoken on the question at issue.
    • (p) A motion to refer back is not debatable and when properly seconded, the question shall be immediately put to the Convention.
    • (q) If the Report of a Committee is adopted, it becomes the decision of the Convention. If defeated, it may be referred back to the Committee for reconsideration.
    • (r) When a question is pending before the Convention, no motion shall be in order except to refer for the previous question to postpone for a definite time. If any of the foregoing motions is negated, it cannot be renewed until after an intermediate proceeding.
    • (s) A motion may be reconsidered provided the mover of the motion to reconsider voted with the majority, and the motion to reconsider is supported by a majority of the delegates qualified to vote.
    • (t) The Executive Council is empowered to establish the hours of the Convention.
    • (u) -1) Collections at Convention will be restricted to strike appeals; and

-2) motions requiring the Newfoundland and Labrador Federation of Labour to match funds raised during Convention, will be ruled out of order.

    • (v) In all matters not regulated by these rules of order, Bourinot’s Rules of Order shall govern.

Section 15 Convention Policy

Unless otherwise specified, any decision taken by the Convention shall take effect immediately upon adjournment of the Convention.

ARTICLE 5 OFFICERS

Section 1 Officers

    • (a) The Officers of the Federation shall consist of a President, Secretary- Treasurer and a First (1st) Vice-President who shall be the Executive Officers and Vice-Presidents pursuant to the rules laid out in this Article. At least one (1) of the positions of President and Secretary-Treasurer shall be female.
    • (b) Each union affiliated with the Federation with an average of one- thousand (1,000) or more members shall be entitled to appoint one (1) Vice-President. The affiliated union shall advise the Federation within fifteen (15) days of the triennial convention of the name of its

Vice-President.

    • (c) Unions affiliated to the Federation with an average yearly membership of under one-thousand (1,000) shall in combination be entitled to elect by secret ballot one (1) Vice-President and one Alternate from their regular triennial convention delegates. Such unions shall caucus and present

the name of their Vice-President and Alternate to the triennial convention.

    • (d) One (1) General Vice-President, which shall be a woman, shall be elected at the triennial convention by the majority of eligible delegates actually voting.
    • (e) One (1) Youth Vice-President who shall receive the formal endorsement of their respective affiliate and is elected at the triennial convention by

the Youth Caucus which shall be made up of youth delegates attending the Convention. The Youth Caucus at Convention shall also elect one (1) Alternate to serve as Youth Vice-President on Executive Council in the event that the first nominee is unable to complete the term of office. Any candidate for the office of Youth Vice-President must be under the age of thirty-five (35) at the time of election in order to be eligible to hold office.

    • (f) Membership for the purpose of this Section shall mean the average number of members on whom per capita has been paid by the affiliate for the twelve (12) months preceding the Newfoundland and Labrador Federation of Labour year-end.
    • (g) Should two (2) or more affiliates merge between election years and the merged union has a combined average yearly membership of one thousand (1,000) or more members, it shall be entitled to appoint a Vice- President. This appointment shall follow the requirements under Article 5, Section 1(b).
    • (h) Unions referred to in Article 5, Section 1(c) which may through growth increase their average yearly membership to more than one-thousand (1,000) between regular election years shall be allowed to appoint a

Vice-President. This appointment shall follow the requirements outlined in Article 5, Section 1(b).

    • (i) In the event that a delegate from the union(s) referred to in Section 1(f) and (g) holds a Vice-President position from the unions of under one- thousand (1,000) members, the delegate shall be required to relinquish the position.
    • (j) Between regular election years, should the Federation admit as an affiliate a union with an average yearly membership of one-thousand (1,000) or more members, it shall be entitled to appoint a Vice-President.
    • (k) Expenses and lost wages incurred by a General Vice-President and affiliate Vice-Presidents participating in Federation activities shall be paid by their respective unions.
    • (l) Expenses and lost wages incurred by the Vice-President representing smaller unions participating in Newfoundland and Labrador

Federation of Labour Executive Council meetings shall be reimbursed by the Federation up to an amount of three-thousand and five-hundred dollars ($3,500.00) per year.

Section 2 Officers in Good Standing

Each Officer shall be a member in good standing of an affiliated organization.

Section 3 Executive Officers

The President, Secretary-Treasurer, First (1st) Vice-President, and General Vice-President shall be elected at the triennial convention by majority of eligible delegates actually voting. Such election shall take place on the last day of the triennial convention unless otherwise determined by Convention.

Section 4 Election of Officers

    • (a) Election of the President, Secretary-Treasurer, First (1st) Vice-President and General Vice-President shall be by secret ballot. A minimum of two

(2) areas of the Convention floor shall be designated for such purpose. Such areas shall contain one (1) table enclosed from public view on which delegates may mark their ballots. A majority of votes cast shall be required before any candidate can be declared elected, and second (2nd) and subsequent ballots shall be taken if necessary to obtain such a majority. On the second (2nd) and subsequent ballots, the candidate receiving the lowest number of votes in the previous ballot shall be dropped.

    • (b) The election of each Officer specified in Section 4 (a) must be completed before nominations may be accepted for any subsequent office.
    • (c) Nominees allowing their names to go forward for election to any office shall accept the nomination.

Section 5 Oath of Office

All Officers, before assuming office in the Federation, shall take the following oath:

“I do hereby sincerely pledge my word of honour to perform my duties as an Officer of the Newfoundland and Labrador Federation of Labour. I will attend, when able to do so, all meetings of the Executive Council of which I am a member, and at the end of my term as Officer, I shall turn over to the Newfoundland and Labrador Federation of Labour, or to my successor all properties or funds in my possession belonging to the Federation.”

Section 6 Term of Office

Each Officer of the Federation shall normally be elected at the triennial convention and serve for a period of three (3) years. The term commences immediately upon the adjournment of the triennial convention.

Section 7 Vacancies

    • (a) In the event of a vacancy in the office of the President, theSecretary- Treasurer shall perform the duties of the President until a successor is elected. It shall be the duty of the Secretary-Treasurer to issue within six (6) days of the date of the vacancy a call for a meeting of the Executive Council of this Federation upon thirty (30) days’ notice, for the purpose of electing an Officer to fill said vacancy until the next regular triennial convention.
    • (b) In the event of a vacancy in the office of the Secretary-Treasurer, First (1st) Vice-President or General Vice-President, the Executive Council shall have the power to fill the vacancy by a majority vote of all its members within thirty (30) days of the vacancy occurring.
    • (c) In the event of a vacancy in the office of an Affiliate Vice-President, the affiliated union shall appoint a new Vice-President and advise the Federation of the name of that Vice-President within thirty (30) days of the vacancy occurring.
    • (d) In the event of a vacancy in the office of the Vice-President elected in accordance with Article 5, Section 1(c), the Alternate shall become the Vice-President.

Section 8 Title to Real Estate

The Executive Officers shall hold the title to any real estate of the Federation as Trustees for the Federation. They shall have no rights to sell, convey or encumber any real estate without first submitting the proposition to a   triennial convention for approval.

ARTICLE 6 DUTIES OF THE EXECUTIVE OFFICERS

Section 1 Functions and Duties of the President

    • (a) The President shall function as the Chief Executive Officer of the Federation and shall exercise supervision over the affairs of the Federation. The President shall sign all official documents, and preside at all conventions and meetings of the Executive Council.
    • (b) The office of the President shall be a full-time, paid position and the President shall receive a salary and benefits in line with those paid to a Regional Director of the Canadian Labour Congress with no provision for additional compensation for overtime work. Expenses incurred by the President shall be paid in accordance with Federation policy.
    • (c) Subject to appeal of the Canadian Labour Congress, the President shall have authority to interpret the Constitution, and this interpretation shall be in effect.
    • (d) The President shall report on the affairs of the Federation to the triennial convention.
    • (e) The President shall assume the duties, or assign a designate from Executive Council, in the abasence of the Secretary-Treasurer.

Section 2 Functions and Duties of the Secretary-Treasurer

    • (a) The Secretary-Treasurer shall assume the duties of the President in the absence of the President.
    • (b) The Secretary-Treasurer shall be the Chief Financial Officer of the Federation.
    • (c) The Secretary-Treasurer shall be in charge of books, documents, files and effects of the Federation, which shall at all times be subject to the inspection of the President and the Executive Council.
    • (d) The Secretary-Treasurer shall prepare a financial statement of the Federation for each meeting of the Executive Council. Copies of this statement shall be forwarded to the Canadian Labour Congress.
    • (e) The Secretary-Treasurer shall have the books of the Federation audited at least once each year by a firm of chartered accountants or a public accounting firm selected by the Executive Council or by an Auditor assigned by the Canadian Labour Congress. Such an Audit shall be furnished to the Executive Council, to the triennial convention and a copy shall be forwarded to the Canadian Labour Congress. A Financial Report and Audit shall be prepared at the end of each fiscal year and distributed to affiliated organizations and forwarded to the Canadian Labour Congress.
    • (f) The Secretary-Treasurer shall subject to the approval of the Executive Council invest the surplus funds of the Federation in securities or deposit them in a bank or credit union.
    • (g) The Secretary-Treasurer shall be bonded in such amount as may be determined by the Executive Council.
    • (h) The Secretary-Treasurer is empowered to require affiliated organizations to provide statistical data in their possession relating to the membership of their organizations.
    • (i) The Secretary-Treasurer shall issue the call for and act as Secretary at conventions, and shall cause the proceedings of all conventions and all sessions of the Executive Council to be recorded. Copies of all proceedings shall be forwarded to the Canadian Labour Congress.
    • (j) The Secretary-Treasurer shall with approval of the Executive Council employ, direct and fix compensation for all administrative help necessary for the proper functioning of the Federation.
    • (k) The Secretary-Treasurer shall report to the triennial convention of the Federation through the report of the Executive Officers.
    • (l) The Secretary-Treasurer shall work to achieve full affiliation to the Federation. The Secretary-Treasurer shall also provide to triennial and special conventions a list of all locals, branches and lodges which are affiliated to the Federation and a list of all locals, branches and lodges which are eligible for affiliation but are not affiliated.

Section 3 Functions and Duties of the First (1st) Vice-President

The First (1st) Vice-President shall function as an Executive Officer and shall be a Signing Officer of the Federation. The First (1st) Vice-President shall be included in the Executive Officers’ report to the triennial convention.

Section 4 Functions and Duties of Executive Officers and General Vice- President

The Executive Offices and General Vice-President shall report in writing to the Federation Executive at each regularly scheduled Executive Council meeting. A written report of the activities of the Executive Officers and General Vice- President shall be presented to each triennial convention of the Federation.

ARTICLE 7 EXECUTIVE COUNCIL

Section 1 Composition of Executive Council

The Executive Council shall consist of the President, Secretary-Treasurer and Vice-Presidents.

Section 2 Roles and Duties of Executive Council

    • (a) The Executive Council shall be the governing body of this Federation between triennial conventions and shall carry out the decisions of the triennial convention. They shall perform such duties as are assigned to them by the President, Secretary-Treasurer, or agreed to by Executive Council.
    • (b) Executive Council shall meet at least twice each year.

Section 3 Authority to Investigate

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 Federation. 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 Canadian Labour Congress. It shall have the further authority upon a two- thirds (2/3) vote of the Council to suspend any organization. Any action of the Executive Council under this Section may be appealed to the triennial convention.

Section 4 Quorum

A majority of the members of the Executive Council shall constitute a quorum for the transaction of the business of the Council.

Section 5 Expenses

    1. (a) The Executive Council is authorized to reimburse Officers and other members of the Federation for necessary expenses and lost wages in performing their duties and/or work for the Federation.
    1. (b) The Federation shall not be held responsible for any debts incurred by any of its Officers unless authorized in writing by the President and Secretary-Treasurer.

Section 6 Removal from Office

The Executive Council may, by majority vote, remove from office any Officer of the Federation who has been found to be in violation of the Constitution. Such a decision may be appealed directly to the delegates at the next triennial convention.

Section 7 Representation from Labour Councils

CLC Chartered Labour Council presidents are entitled to attend all meetings of the Executive Council, with voice but no vote. Their expenses shall not be covered by the Federation.

Section 8 Headquarters

The Executive Council shall have the power to maintain a headquarters suitable to the needs of the Federation.

ARTICLE 8 REVENUE

Section 1 Per Capita Tax

A per capita tax shall be calculated upon the full paid-up membership of each affiliate organization.

Section 2 Per Capita Affiliates

Each affiliated local union, branch, lodge or regional provincial organization shall pay quarterly, a per capita tax to the Federation of eighty-six cents (.86) per member per month. Five cents (.05) shall be deposited into a legislative fund and shall be used in accordance with Article 2 of this Constitution.

Section 3 Per Capita Labour Councils

Each local Labour Council shall pay thirty dollars ($30.00) per year in per capita tax assessments, payable on or before the 31st day of August each year.

Section 4 Penalty for Non-Payment

Any organization which does not pay its per capita tax on or before the time specified shall be notified of the fact by the Secretary-Treasurer. The Secretary-Treasurer will send out per capita tax bills to each affiliated organization at three (3) month intervals. Any organization six (6) months in arrears in payment of per capita tax or other monies due the Federation may become suspended from membership in the Federation. The Executive Council is empowered to determine conditions of re-affiliation for organizations which have been formally suspended.

Section 5 New Affiliates

The affiliation fee for local unions, lodges, regional or provincial organizations shall be as follows:

    1. (a) Fifteen dollars ($15.00) if organized less than twelve (12) months.
    1. (b) Twenty-five dollars ($25.00) if organized more than twelve

(12) months.

Section 6 Waiver of Per Capita Tax

Notwithstanding the foregoing sections in this Article, no per capita tax shall be assessed for those members in any affiliated local union, branch or lodge for each full month they have been engaged in either a legal lockout or union authorized strike.

ARTICLE 9 COMMITTEES

Section 1 Standing Committees

The Executive Council shall set up the following Standing Committees:

    • (a) Education Committee;
    • (b) Occupational Health and Safety Committee;
    • (c) Workers’ Compensation Committee;
    • (d) Women’s Committee; and
    • (e) Young Workers’ Committee.

Section 2 Duties of Committees

    • a) Education Committee

The Education Committee will work with the Affiliates, the Canadian Labour Congress, and other committees of the Federation to establish or coordinate educational sessions, workshops, school visits, training programs or conferences as determined by the Executive Council.

    • b) Occupational Health & Safety Committee

The Occupational Health & Safety Committee shall liaise with the Newfoundland and Labrador Advisory Committee on Occupational Health and Safety, and regularly update Affiliates and the Federation’s Executive Council on matters affecting health and safety in the Province. The Committee will engage in any political action as required to promote worker friendly legislation. The Committee will consult with regulatory bodies as required and update and take direction from the Federation’s Executive Council as necessary.

    • c) Workers’ Compensation Committee

The Workers’ Compensation Committee shall consult with regulatory bodies as required about issues concerning workers’ compensation. The Committee will engage in any political action as required to promote worker friendly legislation. The committee will update and take direction from the Federation’s Executive Council as necessary.

    • d) Women’s Committee

The Women’s Committee shall identify issues that affect women workers in their unions, workplaces and their communities, and endeavor to build the capacity of women as activists and future leaders. The Committee will monitor legislation and social policy that impacts women and develop strategies for education and political action for union members.

    • e) Young Workers Committee

The young workers committee shall identify issues that affect young workers in their unions, workplaces and their communities, and endeavor to build the capacity of young workers as activists and future leaders. The committee will monitor legislation and social policy that impacts young workers and develop strategies for education and political action for union members.

Section 3 Other Committees

The Executive Council is empowered to set up any other committees which are deemed necessary from time-to-time.

Section 4 Selection of Chairpersons

Standing committees will select their own chair who will report to the Executive Council through the Federation’s Executive Liaison.

Section 5 Term of Committee

Current members of standing committees will remain in place following the triennial convention until newly appointed members have met for the Federation’s committee orientation session. The orientation session will be at the call of the President.

ARTICLE 10 OMBUDSPERSON

If a delegate from an organization affiliated to the Federation has a complaint or grievance against an Officer of the Federation that cannot be resolved by the procedure in the Constitution, the delegate shall have the right to submit the case with all relevant material and supporting evidence to the Ombudsperson appointed by the Canadian Labour Congress.

The Ombudsperson will under the authority vested by the Canadian Labour Congress, undertake such inquiries, hearings, or meetings deemed advisable, and report all findings as soon as possible to the parties.

ARTICLE 11 AMENDMENTS

Section 1 Amendments to the Constitution

    • (a) Amendments to this Constitution as long as they do not conflict with the Constitution of the Canadian Labour Congress or its Principles and Policies shall be adopted by two-thirds (2/3) of voting delegates at a triennial convention. Any amendment shall only become effective after approval by the Canadian Labour Congress.
    • (b) Constitutional amendments must be submitted to the Secretary- Treasurer at least thirty (30) days in advance of the opening of the triennial convention. Such amendments may be submitted by the Executive Council or by an affiliate of the Federation and signed by the Presiding Officer and Secretary or designate. Such amendments must specifically set forth the language to be adopted and inserted in the Constitution.