CUASA Constitution and Bylaws
The operation of the Association is governed by the Constitution and By-laws.
There are also a number of ongoing Council motions that govern the day to day operations of the Association.
Constitution (as amended March 29, 2012)
Preface
All members of CUASA shall have the right to participate in the affairs of the Association and to stand for elected office as prescribed by this Constitution, and shall conduct themselves in accordance with this constitution and the by-laws.
Article I: Name
The name of the Association shall be the Carleton University Academic Staff Association, referred to hereinafter as the Association, or as CUASA.
Aritlce II: Purpose
The purpose of the Association is to promote the welfare and interests of the Carleton University academic staff, including the regulation of employment relations between the University and the academic staff, and to affiliate with international, national, provincial and regional organizations for the advancement of the interests of the academic staff.
Article III: Membership
(1) Membership in the Associationshall be open to all members of the CUASA bargaining unit as defined in the Certificate of the Ontario Labour Relations Board, dated June 18, 1975, as further specified be decisions of the Board, dated April 4, 1975, and June 18, 1975, and as amended by the Board from time to time.
(2) Non-voting associate membership in the Association shall be open to all retired academic staff and such other persons as are no sminated from time to time by Council.
(3) Any person eligible to be a member of the Association shall become a member upon the signing of an application for membership.
Article IV: Council
(1) There shall be a Council of the Association responsible for determining the policy of the Association, and the making of By-laws, subject to the provisions of the Constitution and to such directions as may be given at any Annual or General Meeting.
(2) Council shall consist of the officers of the Association, and of representatives of the academic sub-units of the University. For the purpose of Council representation, the term academic sub-unit shall mean a department, an institute or school without departmental divisions, the library, and such other group of Association members as may be specified by By-law, from time to time.
(3) Representation of sub-units shall be based on the following criteria: sub-units having not less than six and not more than twenty members shall elect one representative; sub-units with more than twenty members, but not more than forty members, shall elect two representatives; sub-units with more than forty members shall elect three representatives; sub-units with fewer than six members shall be permitted to join with other sub-units of their choice to enable them to jointly have the number of members required to elect one or more representatives.
(4) Representatives shall be elected by the members of the Association on their respective sub-units for a term of three years which shall be deemed to commence on April 1 of the year of their election, and shall be eligible for re-election.
(5) The Council shall meet at the call of the Steering Committee, or when requested by any five members of Council and, in any event, at least six times during the period September to May of each academic year, with one such meeting normally scheduled in April to follow the Annual General Meeting. The agenda shall normally be the responsibility of the Steering Committee, but any item or question requested by a member of Council or supported by a petition of fifteen members of the Association shall be placed on the agenda of Council at the first opportunity.
The President shall normally preside at Council meetings, and shall cast a vote only in the case of a tie.
(6) A quorum for meetings shall be one-third of the members of Council.
(7) The Council shall fill any vacancies arising by resignation or otherwise in any offices of the Association, and in the membership of any committee.
(8) Any vacancies in the membership of Council, arising by resignation or otherwise, shall be filled by by-election in the corresponding sub-unit or sub-units. The term of any member of Council elected in such a by-election shall be the unexpired part of the term of the member they are replacing.
(9) Any proposal to alter the Association’s By-laws shall be endorsed by 10 members of Council drawn from 2 faculties, and must be submitted in writing to the CUASA office 2 weeks in advance of a Council meeting to be placed on the agenda.
(10) The President of CUASA shall resolve any dispute of the interpretation of the Association’s constitution, subject to the approval of Council at the first opportunity - with the President voting only in the case of a tie.
Article V: Steering Committee
(1) There shall be a Steering Committee of the Council consisting of the Officers of the Association and three members elected for a term of two years by Council from its own membership.
(2) The Steering Committee shall be responsible to the Council.
(3) The Steering Committee shall be responsible for advising the President on the conduct of his/her office.
(4) The Steering Committee shall implement the policies of the Association.
(5) The Steering Committee shall meet at least once a month during the period September to May of each academic year, at the call of the President, or on one week's written notice of any two members of the committee.
(6) A quorum for meetings of the Steering Committee shall be five members.
(7) The Steering Committee shall be responsible for reviewing the Association’s By-laws and advising Council of the need to create, delete or amend them.
Article VI: Officers
(1) The Association shall have the following officers:
- (a) President
- (b) President-Elect
- (c) Past President
- (d) Treasurer
- (e) Chair, Collective Bargaining Committee
- (f) Chair, External Communications
- (g) Chair, Grievance Policy & Administration Committee
- (h) Salary and Benefits Officer
- (i) Chair, Internal Affairs Committee
- (j) Editor, CUASA Communiqué
- (k) Retired Members Representative
- (l) Chair, Equity Committee
- (m) Chair, Nominating & Elections Committee
- (n) Instructor Member Representative
- (o) Professional Librarian Representative.
(2) The term of office of the President, President-Elect, and Past President shall be one year. Other officers shall hold office for two years. Each officer shall assume office on the July 1 of the year of election and shall be eligible for re-election. Any officer appointed by Council to fill a vacancy shall serve the unexpired part of the term of the officer they are replacing.
(3) The President, President-Elect, and Past President shall not serve as Council representatives of sub-units.
(4) Any of the officers mentioned in Paragraph (1) of this Article who are not members of Council shall be ex officio voting members of Council.
Article VII: Committees
(1) There shall be Standing Committees of the Council on:
- (a) Collective Bargaining
- (b) Finance
- (c) Nominations and Elections
- (d) External Relations
- (e) Grievance Policy and Administration
- (f) Internal Affairs
- (g) Equity
(2) The Standing Committees shall have such duties and responsibilities as may be assigned to them by Council.
(3) The Standing Committees shall normally report to Council through the Steering Committee. The Standing Committees shall, however, have the right to report to Council directly.
(4) The chairperson of the Standing Committee on Nominations and Elections shall be elected by Council. The other members shall be selected to be representative of the CUASA constituencies. No one seeking office shall be a member of this committee.
(5) The Treasurer of the Association shall be the chairperson of the Standing Committee on Finance. The other members shall be the President, President-Elect, Council member chosen by Steering Committee from among the Council members elected by Council to the Steering Committee and a Council member elected by Council from those Council members not already serving on Steering.
(6) The Executive Director shall serve as a member (normally with voice only) of a committee upon request of the Steering Committee.
(7) The President shall be an ex-officio member of all other standing committees and of all ad hoc committees which Council may establish from time to time.
(8) The Standing Committee on Grievance Policy and Administration shall be comprised of five members (exclusive of the chairperson) to be selected so as to be as representative as possible of the academic units of the University as defined by the Collective Agreement.
(9) Subject to the provisions of Article VII(4), (5), (6), and (7) above, the members and chairperson of each Standing Committee shall be elected by the Council from members of the Association.
(10) Each Standing Committee shall meet at the call of its chairperson, or at the call of any two of its members.
(11) A Standing Committee may appoint temporary sub- committees and assign them such duties as it deems advisable.
(12) The Council may establish such ad hoc committees as it may deem advisable.
Article VIII: General Meetings
(1) One Annual General Meeting shall be held each year in April.
(2) The President shall call other General Meetings of the Association:
- (a) as directed by the Annual General Meeting;
- (b) as directed by Council;
- (c) as directed by the Steering Committee;
- (d) at the written request of fifteen members of the Association.
(3) At least one week's notice of any General Meeting of the Association shall be required.
(4) The President-Elect shall normally preside at General Meetings of the Association.
Article IX: Elections
(1) Elections for President and Council members shall be held in the period mid-February through April 1 of each year.
(2) Each candidate for President-Elect shall be nominated from the membership of the Association by two members of the Association and the President-Elect shall be elected by an electronic ballot of the membership from among those nominated, the vote to be taken before the Annual General Meeting.
(3) All other Officers and Committee Members shall be elected by the Council after the Annual General Meeting.
(4) Notice shall be sent to all members of CUASA between February 1 and February 15 annually informing them of the presidential and officer positions to be filled by election that year and the nomination procedures for those wishing to stand as candidates. A separate Notice shall be sent to the members of units in which a Council Representative is to be elected informing them of the same.
(5) Each candidate for Council shall be nominated from the membership of the appropriate constituency, as described in Article IV(3), by two members of the Association in the constituency, and the election shall take place by electronic ballot of the members of the constituency, in accordance with the provisions of Article IX(1).
(6) Election of Officers and Council shall be by simple plurality.
(7) Polls shall be open on two consecutive days for a minimum of 3 hours on each day.
Article X: Dues
There shall be an annual fee for membership in the Association which shall normally be collected by monthly payroll deduction. Any change in the membership fee, or the imposition of special general levies, shall be proposed by Council and subject to ratification at a General Meeting of the Association.
Article XI: Finances
(1) Council shall have charge of the finances of the Association and, subject to such direction as may be given at the Annual or any other General Meeting, shall authorise all expenditures by approval of the yearly budget.
(2) All money received by the Association shall be deposited to one or several accounts in the Association's name. The signing officers shall be the President, President-Elect and the Treasurer, and the signatures of any two of them shall be sufficient authorization for the drawing of funds from such accounts. The disbursement of funds, exceeding certain limits, shall be regulated by By-law.
(3) The Standing Committee on Finance shall draw up a yearly budget, monitor expenses, and recommend membership fees to Council.
(4) The Treasurer shall present a yearly financial report to the Annual General Meeting, and such other reports as are requested by Council.
Article XII: Collective Agreements
(1) Any collective agreements negotiated shall take force only upon ratification in accordance with the relevant provisions of The Ontario Labour Relations Act.
(2) Unless otherwise specifically provided for in The Ontario Labour Relations Act and the Regulations made thereunder, ratification votes shall take place according to the following procedure:
- (a) One or more informational meetings to explain and discuss the terms of the proposed collective agreement shall be held, on not less than forty-eight (48) hours' notice, at least one week prior to any ratification vote.
- (b) Ratification votes shall be open to all members of the bargaining unit, and there shall be provision for advance polls.
- (c) The regular balloting shall take place during a single working day, from 9:30 a.m. to 4:30 p.m., and shall be conducted through the use of the ballot box.
(3) In the ratification of collective agreements, members of a named sub-unit or other clearly distinguishable group of members within the Association shall vote separately on any clause(s) which affects only the named sub- unit(s) or group(s). In such a case, the members of the sub-unit(s) or group(s) shall have the power to veto only the clause(s) affecting solely the named sub-unit(s) or group(s) and shall vote together with all other members of the Association on all matters of common concern.
(4) Except where otherwise provided for in The Ontario Labour Relations Act and Regulations made thereunder, authorization for Association work action of any type shall be granted by a simple majority of members of the Association voting by secret ballot.
Article XIII: Affiliations
(1) The Association may affiliate with international, national, provincial, and regional organizations for the advancement of the interests of academic staff. Such affiliation or disaffiliation shall be subject to a vote of the members of the Association using, mutatis mutandis, the procedures specified for ratification votes under Article XII(2).
(2) Affiliations with organizations existing at the time that the present Constitution comes into force shall be deemed to have been effected in accordance with the provisions of Article XIII(1).
Article XIV: Amendments
(1) Council shall give notice in writing of all proposed amendments to this Constitution to all members of the Association on at least two occasions not less than fourteen (14) days apart and an electronic ballot of the members of the Association on proposed amendments shall be conducted not less than fourteen (14) days and no more than twenty-eight (28) days after the second notice. A majority of two-thirds (2/3) of the votes cast shall be required to bring the proposed amendments into effect.
(2) No votes for the amendment of this Constitution shall take place in the period from May to August inclusive of any year.
(3) A proposal to amend the Constitution requires the endorsement of 15 members of CUASA drawn from at least two faculties and must be submitted in writing to the CUASA office 2 weeks prior to a meeting of Council to be placed on the agenda. Any such proposal shall first be passed by a majority of Council members in order for it to be put to a membership referendum.
By-Laws (as of February 13, 2012)
By-Law 1: Responsibility for Collective Agreement Proposals
All collective agreement proposals shall be authorized by Council. The Steering Committee and other committees and sub-committees of the Association shall be merely advisory to the Council.
By-Law 2: Negotiating Team
The Negotiating Team inter alia shall be responsible for the negotiation of the CUASA collective agreement with the employer. Council shall designate the membership of any Negotiating Team on the advice of the Steering Committee.
Bylaw 3: Strike Votes and Strikes
(a) Council shall determine the holding of any strike vote of the membership, normally upon the advice of the Negotiating Team.
(b) Council shall determine the commencement of any authorized strike or collective job action by members, or the end thereto, by a majority vote, normally upon the advice of the Negotiating Team.
By-Law 4: CAUT Guidelines
Any collective agreement proposed by the Association shall be generally consistent with the guidelines published from time to time by the Canadian Association of University Teachers (CAUT).
By-Law 5: Signing Memoranda of Agreement
Prior to the signing of a memorandum of agreement with the employer:
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(a) the proposed memorandum of agreement shall be presented to the Steering Committee for approval;
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(b) approval shall be granted by a majority vote of Steering Committee except in instances in which the matters involved would be subject to a sub-unit veto in cases of ratification; in such cases approval will also require that a majority of the members of the affected sub-unit(s) signify approval;
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(c) in any case, a majority of Steering Committee may direct that the details of proposed memorandum of agreement shall be submitted to Council for approval prior to the signing of such a memorandum of agreement; in such cases, Steering Committee shall be bound by the majority decision of Council who may in turn direct that the details be submitted to a binding ratification vote by the membership;
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(d) those authorized to sign memoranda of agreement binding CUASA shall be the President, the President- Elect, the Past President, and any member of Council who is not also a member of the Steering Committee; at least three authorized signatures shall be required to sign each memorandum of agreement and they shall, in all instances, include at least one member of Council who is not a member of the Steering Committee.
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(e) all memoranda of agreement, excepting only those which identify individual members, shall be circulated to members of Council as soon as possible after their signing and shall be reported on in the next issue of the CUASA newsletter.
By-Law 6: Standing Committees
- (a) Collective Bargaining Committee
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(i) The Collective Bargaining Committee inter alia shall be responsible for recommending to Council alterations to the Collective Agreement between CUASA and the employer. To this end, the Committee shall provide bargaining-related information to members and solicit input from them. This may include convening meeting(s) open to all members of CUASA where issues can be raised and discussed, as well as by any other means deemed appropriate. The Committee shall work with the Negotiating Team in drafting the bargaining mandate; suggest initial proposal language and support the research requirements of the Negotiating Team. The Committee shall also be responsible for recommending to Council measures to build support among CUASA members for the bargaining mandate given to the Negotiating Team.
(ii) The Committee shall be composed of the Chief Negotiator, Salary and Benefits Officer, Chairperson of the Grievance Committee, along with four members selected to be broadly representative of the CUASA constituencies, elected by Council on the advice of Steering. Normally Council will also designate the Executive Director as a (non-voting) member and may add other members as may be deemed necessary.
(iii) The Chair of the Collective Bargaining Committee shall be the Chief Negotiator for CUASA.
(iv) The Chief Negotiator shall be responsible for initiating negotiation training.
- (b) Nominations and Elections Committee
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The Committee on Nominations and Elections shall be responsible for ensuring that CUASA members are aware of elections in which they are eligible to participate and encouraging them to stand as candidates for elected offices in CUASA. It shall also be responsible for administering all CUASA elections and ballots.
- (c) Finance Committee
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The Finance Committee inter alia shall draw up an annual budget, monitor expenses, be responsible for the engagement review of CUASA's financial records, and recommend membership fees to Council.
- (d) External Relations Committee
(i) The External Relations Committee inter alia shall be responsible for representing CUASA to the national, provincial and municipal organizations with which it is affiliated, and for advising and assisting the President in communicating with the general public so as to advance the interests of the Association.
(ii) The Committee shall consist of the Chair plus all those members chosen to represent CUASA (including alternates) to national, provincial and local organizations to which it is affiliated including OCUFA, CAUT, the CAUT Defence Fund, NUCAUT, CLC, OFL and ODLC.
(iii) The Chair of the External Relations Committee shall normally be CUASA’s OCUFA Director.
(iv) The Chair of the External Relations Committee or his/her designate shall normally also represent CUASA at CAUT and CAUT Defence Fund and NUCAUT meetings.
(v) The Committee shall meet at the call of the Chair or at the call of any two of its members.
(vi) The Committee shall report to Council, via a report by the Chair of the External Relations Committee.
- (e) Grievance Policy & Administration Committee
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The Grievance Policy and Administration Committee shall be responsible for:
(i) generating policy, especially with respect to proposed changes in substantive clauses of the Collective Agreement where grievance experience has indicated that changes are necessary;
(ii) in conjunction with the CUASA staff, making initial contacts with grievors and managers;
(iii) investigation of, and basic research on, grievances;
(iv) presentation of grievances to the Grievance Sub-Committee of the Joint Committee for the Administration of the Agreement;
(v) making recommendations to Council regarding the support or non-support of grievances at the arbitration stage or of cases covered by the terms of the Tenure and Dismissal Document;
(vi) serving as the back-up committee for approval of proposals for the negotiation of grievance cases;
(vii) training Council representatives to develop greater expertise in handling grievances.
(f) Internal Affairs Committee
(i) The Chair of the Internal Affairs Committee shall be responsibile for liaison between the Steering Committee and CUASA representatives on other bodies
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(ii) The Chair of the Internal Affairs Committee shall be responsible for proposing, developing and overseeing special projects, workshops, and initiatives to serve CUASA's members.
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(i) consulting with and educating members;
(ii) representing CUASA on relevant university-level committees pertaining to these same issues;
(iii) working collaboratively with other committees where equity-related issues arise.
(g) Equity Committee
The Equity Committee shall be responsible for:
(h) All Standing Committees shall have a minimum of 3 members including the Chair. All Standing Committees may, by majority vote, propose additional members to Council for approval.
By-Law 7: Academic Sub-Units
For the purpose of Council representation, as defined in Article IV of the Constitution, the academic sub-units of the University are as follows (revised October 1, 2008):
- the Schools of Architecture and Industrial Design;
- the School for Studies in Art and Culture;
- the Department of Biology;
- the Sprott School of Business;
- the School of Canadian Studies and Institute of Women's & Gender Studies
- the Department of Chemistry
- the School of Computer Science
- the Department of Earth Sciences;
- the Department of Economics;
- the Departments of Electronics and Civil Engineering;
- the Department of English;
- the Department of French;
- the Department of Geography;
- the Department of History;
- the College of Humanities/Religion/Greek and Roman Studies;
- the Norman Paterson School of International Affairs and EURUS;
- the Institute of Interdisciplinary Studies;
- the School of Journalism & Communications;
- the Department of Law;
- the Library;
- the School of Linguistics and Applied Language Studies;
- the School of Mathematics and Statistics;
- the Department of Mechanical and Aeronautical Engineering;
- the Department of Philosophy;
- the Department of Physics;
- the Department of Political Science and Institute of Political Economy;
- the Department of Psychology;
- the School of Public Policy & Administration;
- the School of Social Work;
- the Department of Sociology and Anthropology;
- the Department of Systems and Computer Engineering; and
- Lecturer (Instructor) employees.
By-Law 8: Limits on Disbursements of Association Funds
Individual disbursements in excess of $250.00 shall require prior authorization from the Standing Finance Committee. Individual disbursements in excess of $500.00 shall require a prior authorization from the Steering Committee, and those expenditures in excess of $1000.00 not covered under a budget item approved by the members at the Annual General Meeting or those expenditures in excess of amounts budgeted shall require prior authorization from Council.
By-Law 9: Alternates and Proxies
Council members shall have the right to name alternates who are from the same sub-unit and members of the Association to sit in their place at Council meetings, provided that the Council Chairperson is so notified prior to the commencement of the meeting in question, in writing; and that alternates satisfying these conditions shall have all the rights of a Council member for the meeting in which they are alternate. Proxy voting on any matter before Council shall be allowed provided that the proxy is received in writing by the Council Chairperson in time to be tallied in the vote count on the question at issue, and provided the written submission of the proxy vote identifies the issue concerned with sufficient particularity to allow certainty concerning the meaning of the vote. Officers of the Association shall not have the right to name alternates except in their capacity, if any, as a representative to Council of a constituency but they shall, however, have the same proxy rights as other Council members.
By-Law 10: Failure to Receive Notification of Meeting
Failure of a member to receive notification of meeting will not invalidate any proceeding taken thereat.
By-Law 11: Remuneration for Directors/Officers
Except for reasonable expenses, no remuneration shall be paid to Officers of the Association.
By-Law 12: Indemnity for Officers
Every director, officer or other person undertaking any action or liability on behalf of the Association, either within the scope of her/his office or with the express authority of the Association, shall be indemnified and saved harmless out of the funds of the Association from and against:
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(a) any and all costs, charges and expenses sustained or incurred in relation to the affairs of the Association, and
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(b) any and all costs, charges, damages, and expenses sustained or incurred with respect to any action, suit or proceeding brought against her/him for any act or thing done or permitted by her/him in the execution of her/his duties, unless such costs, charges, damages or expenses are occasioned by her/his own willful neglect or default.
By-Law 13: Administration of Association Funds
All monies, securities and other valuable effects shall be deposited in the name and to the credit of the Association in such chartered bank or trust company, or in the case of securities, in such registered dealer in securities as may be designated by the Finance Committee.
By-Law 14: Annual Engagement Review
The Association will appoint a chartered accountant to conduct an annual engagement review of CUASA's financial records.
By-Law 15: Official and Back-up Versions of the Constitution, By-Laws and Ongoing Motions
The official version of the Constitution, By-Laws and Ongoing Council Motions shall be the one posted on the CUASA website. It shall be updated with changes from the revised minutes as soon as possible after the meeting at which the revised minutes are accepted. After each updating an electronic backup copy shall be made for safe keeping. Backup copies shall not be altered.
By-Law 16: Staffing
The hiring of staff shall be the responsibility of the Steering Committee. The Executive Director shall be responsible for the management of any other staff. Steering shall establish a Personnel Committee, normally consisting of the President of the Association (ex officio), the Executive Director, the Chair of Finance and one other member for these purposes.