Ontario Secondary School Teachers' Federation (OSSTF)

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Independent Educational Programs (IEP)

CONSTITUTION

 

 

 

Approved – September 2014

 

Amended June 2017 and June 2023


 

Article 1 - Definitions

 

 

1.1          “AMPA” shall mean the Annual Meeting of the Provincial Assembly.

1.2          “Bargaining Unit” shall mean a Bargaining Unit organization within District 34.

1.3          “Bylaw” shall mean a standing rule governing the membership of the District, made under this constitution, on a matter within the control of the District.

1.4          “Constitution” shall mean the fundamental principles governing the District.

1.5          “Day” shall mean working day.

1.6          “District” shall mean District 34 of the Ontario Secondary School Teachers' Federation.

1.7          “Member” shall mean any member of OSSTF District 34 as defined by the Provincial OSSTF Constitution and Bylaws, unless otherwise stated.

1.8          “OSSTF” shall mean the Ontario Secondary School Teachers’ Federation.

1.9          “Policy” shall mean a stand or position taken by the District in accordance with its bylaws on matters whose resolution is beyond the internal legislative powers of the District.

1.10        “Year” shall mean a Federation year, commencing on July 1 and ending on the following June 30.

 

 

Article 2 - Name

 

2.1              The name of the District shall be Ontario Secondary School Teachers’ Federation District 34 Independent Educational Programs.

 

Article 3 - Objects

 

3.1              The object of OSSTF District 34 Independent Educational Programs is to associate all OSSTF Bargaining Units members within the district and to allow them to be part of the OSSTF organizational structures.

3.2              Each new Bargaining Unit certified in OSSTF District 34 Independent Educational Programs  shall become a part of the District 34 organizational structures as defined in this Constitution and these Bylaws, with the rights and responsibilities as specified therein, effective the date of certification as an OSSTF Bargaining Unit.

3.3              Each Bargaining Unit shall be responsible, recognizing the role of the OSSTF as Bargaining Agent, for its own collective bargaining, grievances, and the management of its own affairs and funds as assigned by the District, subject to the OSSTF Constitution and Bylaws and accepted OSSTF practices.

3.4              No Bargaining Unit Member or Bargaining Unit of OSSTF District 34 Independent Educational Programs shall interfere in the affairs of another Bargaining Unit. All issues or matters that lead to an allegation of a breach of this provision shall be brought before the District Executive Council to attempt a resolution. If the alleged breach cannot be resolved by the District Executive Council then the District president and/or the Bargaining Unit President shall seek the assistance of the OSSTF Provincial Office to resolve the matter.

Article 4 - Organization

 

4.1[1]       There shall be a District Executive Council.

4.1.1    The District Executive Council shall consist of the Presidents (or designates) of each Bargaining Unit and will consist of the following voting members:

                   District President;

                   District Vice President;

                   District Secretary;

The fourth Bargaining Unit President (who may also be the Treasurer);

Additional District Executive Officers as required.

Each voting member of the District Executive Council shall be entitled to one vote.

4.2 [2]    The District Executive Council will also act as the District Finance Committee:

4.2.1    The four Bargaining Unit Presidents shall be on this committee.

4.2.2    If the District Treasurer is not a Bargaining Unit President, the District Treasurer will also be included on the committee, and will also be a voting member.

 4.2.2   The Treasurers (or designates) of each of the Bargaining Units of the District may be included in discussions of the committee as non-voting members.

 

4.3          District General Meetings

               4.3.1           There shall be an Annual General Meeting.

               4.3.2           There may be additional General Meetings as required.

               4.3.3           Quorum for all General Meetings will consist of those members of the District who are in attendance and voting.

 

Article 5 - Bylaws

 

5.1            The District may pass Bylaws consistent with the Constitution and existing Bylaws concerning:

                                5.1.1         the procedures for selection of its various office holders;

                   5.1.2         the management of its finances and its own internal organization and administration;

                                5.1.3         the time, place and conduct of its various meetings;

                 5.1.4         the establishment, amendment or rescission of Policy;

5.1.5         the appointment of auditors;

5.1.6         all other matters as are deemed necessary or convenient for the promotion of the welfare of the Members or the conduct of the business of the District.

Article 6 - Amendments

6.1            Amendments to the Articles of the Constitution may be made:

6.1.1         at any duly constituted District General Meeting, by a two‐thirds affirmative vote of the members qualified to vote, present and voting, provided that notice of the proposed amendment shall have been given in writing to each Bargaining Unit President at least ten (10) days in advance of the meeting of the a District General Meeting at which the motion to amend is to be presented, or

6.1.2         at any duly constituted District General Meeting, by a nine‐tenths affirmative vote of the members qualified to vote, present and voting, previous notice as in 6.1.1 not having been given.

 

6.2       Amendments to the Bylaws may be made:

6.2.1         at any duly constituted District General Meeting, by a simple majority of the members qualified to vote (50%), present and voting, provided that notice of the proposed amendment shall have been given in writing to each Bargaining Unit President at least ten (10) days in advance of the meeting of the district general meeting at which the motion to amend is to be presented, or

               6.2.2           at any duly constituted District General Meeting, by a three‐quarters affirmative vote of the members qualified to vote, present and voting, previous notice as in 6.2.1 not having been given.

 

Article 7 - Compliance with Provincial OSSTF

 

7.1            No part of the Constitution or Bylaws of District 34 shall contravene the Constitution or Bylaws of OSSTF.

BYLAWS

 

Bylaw 1 - Duties

 

1.1            Duties of the District Executive

 

1.1.1         District President

                 1.1.1.1      It shall be the duty of the District President:

                   1.1.1.1.1   to be the spokesperson for the District;

                   1.1.1.1.2   to act as a signing authority for District documents;

     1.1.1.1.3   to organize, prepare an agenda for, and call meetings of the District Executive Council and District Membership;

1.1.1.1.4   to organize the District AGM and prepare a president's report for the AGM

1.1.1.1.5   to collect and maintain all of the district documents (minutes, constitution, financial documents) and to pass them on to the next District President at the end of their term

                   1.1.1.1.6   to ensure District representation on all applicable Federation and other associated Committees;

     1.1.1.1.7   to be an ex‐officio member of all District Committees;

     1.1.1.1.8   to consult with the District Treasurer and District Finance Committee during the preparation of the proposed budget for the next fiscal year;

     1.1.1.1.9   to act as a co‐signer for the financial transactions of the District;

     1.1.1.1.10 to maintain Provincial Executive, Provincial Council, and Secretariat liaison;

     1.1.1.1.11 to name, each year, the following officers of the District:

                                    Communications/Political Action Officer;

                        Health and Safety Officer;

                        Educational Services Officer;

                        Human Rights Officer;

                        Status of Women Officer.

1.1.1.1.12    to meet at least twice a year with the District Treasurer to help support communication and proper financial continuity within the District

1.1.1.1.13  to facilitate the payment of honoraria and reimbursements in consultation with the District Treasurer

1.1.1.2      Should the District President be temporarily unable to act, the bargaining unit to which the President belongs shall name a replacement, who shall assume the responsibilities and authority of the District President until the District President is able to reassume his or her duties.

1.1.2       District Vice President

                 1.1.2.1      It shall be the duty of the District Vice President:

1.1.2.1.1   to perform additional duties assigned by the District President;

1.1.2.1.2   to assume the duties of the District President when the District President is temporarily unable to act and a replacement has not been named in accordance with Bylaw 1.1.1.2.

 

1.1.3         District Secretary

                 1.1.3.1      It shall be the duty of the District Secretary:

1.1.3.1.1   to keep the minutes of District Executive Council and General meetings;

1.1.3.1.2   to forward all minutes to each member of the District Executive;

1.1.3.1.3   to communicate in writing to Bargaining Units and to the field secretary, after the Annual General Meeting, which bargaining unit is filling each District Executive role for the subsequent year.

                

1.1.4         District Treasurer

                 1.1.4.1      It shall be the duty of the District Treasurer:

                 1.1.4.1.1   to act as a signing officer for all cheques authorized by the District;

                 1.1.4.1.2   to requisition funds from the Provincial Treasurer on a regular basis;

1.1.4.1.3   to requisition funds from the Provincial Treasurer for extraordinary expenditures;

1.1.4.1.4   to submit the approved District budget and financial statements to the Provincial Treasurer;

1.1.4.1.5   to maintain accurate financial records for the District for submissions to the Provincial Treasurer;

1.1.4.1.6   to communicate with the Provincial Treasurer when the need arises;

1.1.4.1.7   to caution against unnecessary and wasteful expenditures of OSSTF funds;

1.1.4.1.8   to submit to the District Executive, for approval, all expenditures of an unusual nature;

1.1.4.1.9   to be the non‐voting chair of the Finance Committee;

1.1.4.1.10 to present the District budget for the coming year to the Annual General Meeting for approval;

1.1.4.1.11 to be the non‐voting chair of the district finance committee.

 

1.1.5           Bargaining Unit Presidents (or designates)

1.1.5.1        It shall be the duty of Bargaining Unit Presidents:

1.1.5.1.1   to be the official representatives of their Bargaining Units in matters concerning the District;

1.1.5.1.2   to provide liaison between the District Executive Council and their Bargaining Units;

1.1.5.1.3   to make all motions received under Article 6.1.1 and Article 6.2.1 available to the Bargaining Unit members as soon as such motions are received;

1.1.4.1.12 to turn all District records in their possession over to their successor at the end of the year.

1.2            Duties of the District Executive Council

                 1.2.1         It shall be the duty of the District Executive Council:

1.2.1.1     to promote within the District, the aims and objectives of the OSSTF;

1.2.1.2      to deal with all matters brought before it from Bargaining Units and which in its opinion require action before the next regular General Meeting;

1.2.1.3      to keep the District Membership informed of its activities;

1.2.1.4      to take appropriate action on issues arising from District Executive Council meetings;

1.2.1.5      to receive from the District Treasurer the District financial statements;

1.2.1.6      to authorize and supervise payment of expenses and accounts incurred in the conduct of business of the District;

1.2.1.7      to receive the budget for the next year as submitted by the Finance Committee with power to amend before its presentation to the Annual General Meeting for ratification;

1.2.1.8      to forward motions to AMPA on behalf of the District;

1.2.1.9      to form and authorize whatever Ad Hoc Committees might be necessary to conduct the business of the District;

1.2.1.10    to establish a schedule of regular meeting dates for each Federation year.

1.3              Duties of Bargaining Units

                 1.3.1         It shall be the duty of each Bargaining Unit:

                 1.3.1.1      to submit to the District President, within 30 days of the bargaining unit AGM, the names of its representative(s) on the District Executive Council for the following year.

                 1.3.1.1.1   When a representative of a Bargaining Unit is unable to attend a meeting of the District Executive Council, the Bargaining Unit President shall inform the District President of the name of the replacement.

 

1.4              District Finance Committee

                 1.4.1         It shall be the duty of the District Finance Committee:

                 1.4.1.1      to review the financial records of the District in January and June of each year and report without prejudice to the District Executive Council;

                 1.4.1.2      to prepare the annual District budget for presentation to the District Executive Council, prior to the Annual General Meeting.

                 1.4.1.2.1   Amounts to be transferred to Bargaining Units shall be determined based on Bargaining Unit full‐time equivalent (FTE) membership as shown on the District Funding Master or as subsequently amended on appeal to the FTE/Interim FTE Appeal Committee.

                 1.4.1.3      to discuss such financial matters as may be recommended from time to time by the District Executive Council and to make recommendations concerning these to the District Executive Council.

 

Bylaw 2 - Meetings

2.1              District Executive Council

                 2.1.1         The District Executive Council shall meet a minimum of four (4) times each year at the call of the District President.

                 2.1.2         The District Executive Council shall meet at other times at the written request of two or more members of the District Executive Council to the District President.

                 2.1.2.1      Meetings called in accordance with Bylaw 2.1.2 shall occur within ten (10) working days of the receipt of the request.

                   2.1.3         Quorum for a meeting of the District Executive Council shall be a majority of the membership of the District Executive Council.

 

2.2              Annual General Meeting

                                  2.2.1         There shall be an Annual General Meeting held prior to June 30 of each year.

                                  2.2.2         Quorum for the Annual General Meeting shall be those Members present and voting.

                 2.3              General Meetings

                                  2.3.1         Additional District General Meetings shall be called by the District Executive as necessary,

                                  2.3.1.1      or at the request of the executives of two bargaining units.

                                  2.3.2         Quorum for a General Meeting shall be those Members present and voting.

 

 

Bylaw 3[3]  - Term and Selection of District Executive Council

                

3.1              All positions on the District Executive Council shall have a term of one (1) year.

3.2              Before each year’s Annual General Meeting, The Bargaining Unit Presidents on the District Executive Council will determine who will serve in the positions of President, Vice President, Secretary, and Treasurer for the following year.

3.3              If possible, the position of District President in particular should rotate through the Bargaining Units, but if a majority of the Bargaining Unit Presidents do not object, this rotation need not be followed.

3.4               The positions of President, Vice President, and Secretary on the District Executive Council must be filled by Bargaining Unit Presidents; the position of Treasurer may be filled by a Bargaining Unit President or by a member of the District who is not a Bargaining Unit President, as appointed by the District Executive Council.

3.5               In the event of a vacancy of an Officer position in the District, the District Executive Council shall appoint a member of the District to fill that vacancy.

                

Bylaw 4 - Honoraria

4.1            There shall be an honorarium paid to the District Treasurer on an annual basis;

4.2            Executive council members shall be entitled to an honorarium for each executive council meeting attended.  (amounts to be presented to the AGM in a budget)

4.3            There shall be an honorarium paid to the District President

4.4            there shall be an honorarium paid to members of District committees for each meeting attended

Bylaw 5 - AMPA delegates

5.1            Each Bargaining Unit shall select delegates for the Annual Meeting of the Provincial Assembly (AMPA) as allocated by provincial office.

5.2            Should a Bargaining Unit be unable to fill delegate positions allocated to it, the District Executive may distribute any unfilled positions to remaining Bargaining Units in a manner determined by the Executive.

5.3            Alternate positions may be selected by the District Executive and chosen from names submitted by the Bargaining Units.

 

Bylaw 6 - Anti‐Harassment and Anti‐Bullying Policy

6.1            The District shall have an Anti‐Harassment and Anti‐Bullying Policy and Procedure to be followed at all District workplaces and functions.

6.2            The Anti‐Bullying and Anti‐Harassment Policy and Procedure and any amendments to it shall be approved by the District Executive Council.

 

Bylaw 7 Anti‐Harassment and Anti‐Bullying Appeals Committee

7.1            There shall be a District Anti‐Harassment and Anti‐Bullying Appeals Committee selected by the District Executive as necessary.

7.2            Members of the District affected by a decision resulting from a complaint under the District Anti‐Harassment and Anti‐Bullying Policy may appeal this decision to the District Anti‐ Harassment and Anti‐Bullying Appeals Committee.

 

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4.1 and 4.1.1 amended June, 2023.

4.2, 4.2.1, 4.2.2, and 4.2.3 amended June, 2023.

All of Bylaw 3 was amended June, 2023.