Royal Conservatory of Music
Faculty Association
Constitution
Bargaining Unit of
District 34
OSSTF
ROYAL CONSERVATORY OF MUSIC FACULTY ASSOCIATION
BARGAINING UNIT
OSSTF DISTRICT 34
ARTICLES
ARTICLE 1 - NAME AND MEMBERSHIP
1.1 The name of this organization shall be "Royal Conservatory of Music Faculty Association, Bargaining Unit of District 34, OSSTF".
1.2 The membership of the RCM Bargaining Unit shall consist of active members of OSSTF who are employed at the Royal Conservatory.
ARTICLE 2 - DEFINITIONS
2.1. “Bargaining Unit (BU)” shall refer to the Royal Conservatory of Music Faculty Association Bargaining Unit.
2.2. “Bylaws” shall mean standing rules governing the membership of OSSTF District 34
RCM Bargaining Unit; made under this Constitution on matters of internal
regulations and matters, which are entirely within the control of the RCM Bargaining Unit.
2.3. “Days” shall mean calendar days.
2.4. "District" shall mean the Ontario Secondary School Teachers' Federation, District 34,
2.5. “Member” shall mean an active member of the Bargaining Unit.
2.6. "OSSTF" shall mean the Ontario Secondary School Teachers' Federation.
ARTICLE 3 - OBJECTS
3.1. The objects of the OSSTF RCM Bargaining Unit District 34 shall be:
3.1.1. first and foremost to protect its members, both individually and collectively.
3.1.2. to bargain collectively on behalf of its members.
3.1.3. to foster and promote the dignity of all persons regardless of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, socioeconomic status, age, marital status, family status or disability.
ARTICLE 4 - BARGAINING UNIT ORGANIZATION
4.1 There shall be a Bargaining Unit Executive consisting of the following voting members:
4.1.1 President,
4.1.2 Vice President,
4.1.3 Secretary,
4.1.4 Treasurer,
4.1.5 Communications Officer, and
4.1.6 3 Executive Officers.
4.2 There shall be a non-voting Past President position
4.3 The Executive shall be elected at the Annual General Meeting of the bargaining unit by a method, as prescribed in the Bylaws.
ARTICLE 5 - MEETINGS
5.1 There shall be an Annual General Meeting (AGM) of the membership held in May of each school year.
5.1.1 The membership will be given at least 20 days’ notice of the date, time and location of the AGM.
5.2. Other General Meetings may be called by the President, provided that the
membership is given at least five (5) days notice, in writing, of the date, time and location of the meeting.
5.3 Upon the written request of at least 6 members, the President shall call a General Membership Meeting within 5 days of receiving the request.
5.4 The date, time and location of General Meetings shall be determined by the Executive.
5.5 The quorum for all General Meetings (including the Annual General Meeting) shall be 15 members.
5.6 All General Meetings shall be conducted in accordance with the OSSTF Rules of Order as outlined in the OSSTF Constitution and Bylaws.
5.7 All bargaining unit members have the right to attend, speak and vote at General Meetings.
5.8 All meetings (including meetings of the Executive) must allow for simultaneous aural communication as per the most recent edition of Robert’s Rules of Order, to allow for interactive debate.
5.9 Executive Session
5.4.1. A meeting shall move into Executive Session whenever it must consider matters of serious importance to the body.
5.4.2 All matters discussed in Executive Session shall remain confidential to those members present during the Session. Violation of this provision of confidentiality is punishable under the disciplinary procedures of OSSTF. The Minutes of an Executive Session shall be read and acted upon only in an Executive Session.
5.4.3 The resolutions directing the body to move into and rise from Executive Session are the only public record of the Executive Session.
5.4.4 Any resolution arising from Executive Session, which requires public action, shall be reported in the resolution to rise from Executive Session.
ARTICLE 6 - AMENDMENTS
6.1 Amendments to the Articles of this Constitution shall be made at the Annual General Meeting, provided that the members have received notification in writing of the proposed amendment 10 days prior to the meeting, and that amendments are approved by a 2/3 majority of those qualified to vote, present and voting.
6.2 If 10 days prior notice is not provided, amendments may be approved by a 9/10 majority vote of members qualified to vote, present and voting at the Annual General Meeting.
ARTICLE 7 - CONCURRENCE
7.1 The Bargaining Unit Constitution shall not contravene the OSSTF Constitution and By-Laws or the District Constitution.
7.2 This Constitution is established under the Constitution and Bylaws of the Ontario Secondary School Teachers' Federation, a provincial body, which is a federation and where silent on a matter, the Constitution, Bylaws and Policies of the Ontario Secondary School Teachers' Federation shall be used.
BYLAWS
BYLAW 1 - DUTIES OF BARGAINING UNIT EXECUTIVE
1.1 It shall be the duty of the Executive to:
1.1.1 administer the business of the bargaining unit between Annual Meetings;
1.1.2 communicate with members regularly regarding bargaining unit business;
1.1.3 fulfill the financial obligations of the bargaining unit in accordance with OSSTF procedures;
1.1.4 give final approval to the bargaining unit's negotiating brief;
1.1.5 call General Meetings when necessary for the ratification of the collective agreement;
1.1.6 ensure members receive fair representation in accordance with the Ontario Labour Relations Act (OLRA);
1.1.7 appoint other Officers, who shall be non-voting, as deemed appropriate, including but not limited to;
1.1.7.1 Health and Safety Officer
1.1.7.2 Educational Services Officer
1.1.7.3 Constitution Officer
1.1.8 ensure the OSSTF Constitution and Bylaws are not contravened in the conduct of bargaining unit business;
1.1.9 create ad-hoc committees as necessary
1.1.10 approve the budget proposal for the following fiscal year.
1.2 The Executive shall meet at the call of the President, or any two members of the Executive, but not less than five times in a school year.
1.3. Quorum shall be fifty percent of the executive members.
BYLAW 2 - ELECTIONS
2.1 The Executive shall appoint an Elections Officer, who shall not be running for office.
2.2 At the AGM, candidates for President will be allotted 5 minutes to make a campaign speech to the membership.
2.3 Candidates for all other positions will be allotted 3 minutes.
2.4 The order of speeches will be determined randomly by position in the following order: President, Vice-President, Treasurer, Secretary, Communications Officer, Executive Officer.
2.5 The term of office for Executive members is two (2) years; re-election is possible.
2.6 A newly elected Executive shall take office as of July 1.
2.7 Executive members are elected by secret ballot of those qualified to vote, present and voting at the AGM.
BYLAW 3 - NOMINATIONS
3.1 The Elections Officer shall make nomination forms available to the members at the same time as the members are notified of the upcoming AGM.
3.2 Any member in good standing may run for a position and/or make a nomination. Nominations for executive positions must be in writing and include the names and signatures of the nominator and seconder.
3.3 Nominations are due 7 (seven) days before the AGM.
3.4 No automatic drop downs will occur. Candidates must be nominated for all positions for which they will run.
3.5 Nominations may be made from the floor at the Annual Meeting only when there has not been a member in good standing nominated for a position by the above process,
BYLAW 4 – BALLOTING
4.1 Members present at the AGM at the time have the right to vote.
4.2 The candidate receiving the highest number of votes on the ballot shall be declared elected.
4.3 In the event of a tie, a second ballot shall be held involving only those candidates who tied with the greatest number of votes; if the result is still inconclusive, the
candidates who are tied shall draw lots to determine the winner.
4.4 Balloting shall be conducted in the following order: President, Vice President, Treasurer, Secretary, Communications Officer, Executive Officers.
BYLAW 5 - VACANCIES
5.1 If the President is unable to complete the term of office, the Vice President shall assume the Presidency.
5.2 For other vacancies, the Executive shall appoint a member to complete the term of office.
Bylaw 6 - Honoraria
6.1 Honoraria shall be paid to the President, Vice-President, Secretary, Treasurer, and Communications Officer as set in the budget and approved at the AGM.
6.2 Remaining Executive members shall be entitled to an honorarium for each Executive meeting attended.
6.3 All honoraria shall be paid quarterly.
6.4 Should a given position be held by more than one person during a pay period, the honorarium shall be divided proportionately to the time the position is held by each individual.
BYLAW 7 - DUTIES OF THE PRESIDENT
7.1 The President shall:
7.1.1 be the official representative and spokesperson of the bargaining unit in all matters;
7.1.2 call, preside over, or delegate the duty to preside over, and report to Executive and General Meetings;
7.1.3 assume the role of Grievance Officer;
7.1.4 fulfill the duties of President as outlined in the OSSTF Handbook;
7.1.5 be an ex-officio member of all bargaining unit committees;
7.1.6 be one of the two signing authorities for all bargaining unit financial transactions.
BYLAW 8 - DUTIES OF THE VICE PRESIDENT
8.1 The Vice President shall:
8.1.1 carry out duties assigned by the President;
8.1.2 perform the duties of the President in the President's absence;
8.1.3 assume the office of President should the President be unable to complete the term of office.
BYLAW 9 - DUTIES OF THE SECRETARY
9.1 The Secretary shall:
9.1.1 set and distribute the agenda for all Executive and General Meetings
9.1.2 keep a record of all Executive and General Meeting minutes
9.1.3 submit minutes for approval to Executive and General Meetings
9.1.4 ensure that approved minutes are distributed and stored as required
9.1.4.1 Minutes of Executive meetings shall be distributed at least one (1) week prior to the next scheduled meeting.
9.1.4.2 Minutes of the Annual General Meeting shall be distributed at the same time as members are informed of the upcoming AGM
BYLAW 10 – DUTIES OF THE TREASURER
10.1 The Treasurer shall:
10.1.1 prepare a proposed budget for approval at the Annual General Meeting;
10.1.2 supervise payment of all authorized expense vouchers, subject to the submission of appropriate receipts;
10.1.3 keep an account of all monies received and disbursed by the bargaining unit;
10.1.4 deposit all monies in a chartered bank or trust company in the name of the bargaining unit;
10.1.5 report regularly to the Executive on the status of bargaining unit finances;
10.1.6 be one of the two signing authorities for all financial transactions of the bargaining unit.
10.1.7 solicit budget requests and consider input from all committee chairs and workplace reps equitably by (date) for the upcoming year’s budget proposal;
10.1.8 consider/review the levy for the bargaining unit;
10.1.9 set a budget in time for consideration by the (Council / Executive / District) for the next fiscal year; and
10.1.10 pay mileage as per the Provincial Office mileage rate.
10.1.2 submit reports to the district treasurer and OSSTF Treasurer
BYLAW 11 – DUTIES OF THE COMMUNICATIONS OFFICER
11.1 The Communications Officer shall:
11.1.1 ensure that the membership list is kept up to date
11.1.2 be responsible for all gifts/cards for members as directed by the executive
11.1.3 be responsible for sending information/communications to the membership as directed by the Executive
11.1.4 create and distribute membership surveys as required
BYLAW 12 – Duties of the Health and Safety Officer
12.1 The Health and Safety Officer shall:
12.1.1 liaise with the Provincial Health and Safety Committee.
12.1.2 become familiar with the Occupational Health and Safety Act and its provisions.
12.1.3 act in an advisory capacity to the Bargaining Unit.
12.1.4 make recommendations relating to health and safety issues to the Bargaining Unit.
12.1.5 monitor workplace-related health and safety concerns.
BYLAW 13 – Duties of the Educational Services Officer
13.1 The Educational Services Officer shall:
13.1.1 liaise with the provincial Educational Services Committee;
13.1.2 communicate pertinent information and materials to members which have been forwarded from the provincial Educational Services Committee (such as ESC awards, conference and regional dates, ESO Notes).
13.1.3 identify, and promote the professional growth and training activities for bargaining unit members;
13.1.4 identify the professional, and educational issues and concerns of members and to make recommendations to the local.
BYLAW 14 – Duties of the Constitution Officer
14.1 The Constitution Officer shall:
14.1.1 liaise with the Provincial Constitution Council
14.1.2 propose amendments to the Bargaining Unit Constitution
14.1.3 provide advice and assistance to the Bargaining Unit Executive and members on matters related to the Bargaining Unit constitution, bylaw and policy amendments upon request..
BYLAW 15 - COLLECTIVE BARGAINING COMMITTEE (CBC)
15.1 The Collective Bargaining Committee shall consist of the Bargaining Unit President and three other members.
15.2 All members of the CBC shall be voting members.
15.3 A quorum for meetings of the CBC shall be 3 of the 4 voting members.
15.4 The CBC shall develop the negotiating brief based upon input from the membership.
15.5 The Executive will approve the final negotiating brief and submit it to the Provincial Protective Services Department for approval.
15.6 The CBC will form the Negotiating Team once bargaining begins.
15.7 The Negotiating Team will regularly update the executive and will bring any contentious issues to the executive for approval.
15.8 Election of CBC Members
15.8.1 The Executive will select the remaining 3 members of the CBC from interested members of the bargaining unit. Executive members are eligible for selection.
15.8.2 A call out will go to all members asking for a submission of interest
15.8.3 The Executive will review the statements of interest and make the selections by a vote
15.8.4 Any Executive member who has put their name forward for selection will not participate in the selection process.
15.8.5 The Chief Negotiator shall be elected by the CBC from its members.
15.9 Duties of the Chief Negotiator
15.9.1 It shall be the duty of the Chief Negotiator to:
15.9.1.1 assume responsibility for the negotiation of a Collective Agreement and the renewal of the Collective Agreement for the Unit;
15.9.1.2 act as Chair of the Unit's Collective Bargaining Committee
BYLAW 16 - RATIFICATION OF COLLECTIVE AGREEMENT
16.1 The proposed collective agreement shall be ratified by secret ballot of a majority of members who submit their ballots during the hours the ratification vote is conducted.
16.2 After the proposed collective agreement is presented to the membership there will be a 72-hour period of study prior to a ratification vote being conducted.
BYLAW 17 - GRIEVANCES
17.1 The President in the role of Grievance Officer shall be responsible for administering all grievances, in consultation with the Executive and OSSTF Provincial Office.
17.2 The Grievance Officer shall ensure grievances are conducted in accordance with the terms of the collective agreement, and maintain appropriate files for all grievances.
17.3 There shall be a Grievance Appeals Committee, composed of the Executive and one member appointed by the Executive.
17.4 The Grievance Appeals Committee shall establish procedures for dealing with grievance appeals and shall communicate such procedure to the membership.
17.5 A member may further appeal to the Field Secretary assigned to the bargaining unit by Provincial OSSTF.
17.6 The bargaining unit has carriage of the grievance in accordance with Ontario Labour Relations Act; decisions to proceed to arbitration will be made by Provincial OSSTF.
BYLAW 18 - AMENDMENTS
18.1 Amendments to the Bylaws shall be made at the Annual General Meeting, provided that the members have received notification at least 14 days prior to the meeting and that the amendments are approved by a majority of the members qualified to vote, present and voting.
18.2 In the event that prior notice is not given, amendments to the bylaws may be approved by a 3/4 majority of the members qualified to vote, present and voting.
BYLAW 19. Anti-Harassment Policy and Procedure
19.1 There shall be an Anti–Harassment Policy and Procedure in effect for all functions of the Bargaining Unit including, but not limited to, all General, Council, Executive, and Committee Meetings.
19.2 There shall be an Anti-Harassment Appeals Procedure in effect allowing members to challenge findings arising from the aforementioned Procedure.
BYLAW 20. RESERVE FUNDS
20.1 Reserve Funds shall be placed in the following Reserve Fund Accounts in the name of OSSTF District 34 Royal Conservatory of Music Bargaining Unit:
20.1.1 General Fund
20.1.1.1 The General Fund may be used to account for general operating activities of the Bargaining Unit.The fund balance shall not exceed $50,000. Any excess will be transferred to other reserve funds, during the fiscal year, at the discretion of the Bargaining Unit Executive.
20.1.1.2 For the current fiscal year, all surplus funds from the previous fiscal year may be allotted to the General Fund.
20.1.2 Capital Equipment Fund
20.1.2.1 The Capital Equipment Fund may be used for the purchase, replacement or repair of the Bargaining Unit’s office equipment. The Treasurer may make expenditures on a motion of the Bargaining Unit Executive.
20.1.3 Professional Development Fund
20.1.3.1 The Professional Development Fund may be used to provide additional funds for professional development activities in the Bargaining Unit. Expenditures from this fund shall be limited to 10% of the balance of the account at August 1 of that fiscal year.
20.1.4 Benevolent Fund
20.1.4.1 The Benevolent Fund may be used to provide assistance to members of the bargaining unit as identified by the local Benevolent Council. Expenditures from this fund shall be limited to 10% of the balance of the account at August 1 of that fiscal year.
20.1.5 Bursary Fund
20.1.5.1 The Bursary Fund may be used to provide a bursary to an RCM Music student who student who exemplifies the qualities….(to be determined)
ANTI-HARASSMENT Policy
1 Principles of Respectful Workplace and Federation Environments
1.1 A member of OSSTF/FEESO RCM BU, District 34, has the right to a workplace and union environment free from harassment and bullying. Harassment and/or discrimination are not joking matters. They have a destructive effect on the workplace environment, individual wellbeing, and union solidarity. Such actions are not only destructive, they can be illegal. Inadvertent, hidden and systemic harassment and/or discrimination must be identified and addressed. The roots of systemic harassment and discrimination include but are not limited to racism, sexism, homophobia and transphobia.
1.2 OSSTF/FEESO RCM BU, District 34, does not condone harassment and/or discrimination on the basis of age, national or ethnic origin, colour, religion, sex, gender identity, sexual orientation, race, socio-economic status or mental or physical disability. Harassment and/or discrimination can take many forms and may be verbal, physical or psychological. They can involve a wide range of actions including comments, gestures or looks, pictures, messages, touching, or more aggressive actions. These acts may be indirect or overt; they may be isolated or repeated. Acts of harassment and/or discrimination are always degrading, unwelcome and coercive. They are always unacceptable.
1.3 As members of OSSTF/FEESO RCM BU, District 34, our goal must be to protect human rights, to promote mutual respect and trust, and to foster inclusion. We cannot condone or tolerate intimidating, demeaning, hostile and aggressive behaviour against another member. We cannot condone these behaviours when we witness them.
1.4 As OSSTF/FEESO RCM BU, District 34 members, we must speak out against this conduct and stand together to protect human rights. We must take action.
1.5 OSSTF/FEESO RCM BU, District 34 is committed to strengthening member solidarity, and in addition to representing members’ interests in the workplace, takes seriously its own responsibility to ensure that members are treated with respect and dignity at all locally sponsored OSSTF/FEESO RCM BU, District 34 events and meetings.
1. 6 Any member who feels targeted by harassment and/or discrimination must be able to speak up and know their concerns will be responded to immediately in accordance with OSSTF/FEESO RCM BU, District 34 Bylaws and the Resolution and Complaint Process as found below.
2 What is Harassment?
2.1 Harassment and discrimination can take many forms and may be verbal or psychological. They can involve a wide range of actions including comments, gestures or looks, pictures, messages, touching, or more aggressive actions. These acts may be indirect or overt; they may be isolated or repeated.
2.2 These actions may relate to, but are not restricted to, an individual's race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, record of offences, religion, marital status, socio-economic status, family status, or mental or physical disability
2.3 What is not Harassment?
2.3.1 Vigorous professional debate or disagreement during federation discussions or during meetings, in and of itself, does not constitute harassment. Similarly, firm advice given by federation officers/representatives does not constitute harassment nor do innate personal attributes in and of themselves, such as a naturally loud voice, physical appearance, or substantial physical size.
3 Anti-Harassment Complaint Resolution Procedure
3.1 The member, or an advocate acting on behalf of the member, verbally or in writing, should make known to the individual that their conduct/behaviour constitutes harassment or discrimination and is unwelcome. The member, or advocate, should request that the offensive behaviour(s) cease.
3.2 If the member (or advocate) is not comfortable approaching the individual or if there is a recurrence of such behaviour(s) following a resolution at Step 1, the member should approach a designated Anti-Harassment Officer at the activity and ask the officer to act on their behalf. If no Anti-Harassment Officer has been designated, the member should approach the OSSTF representative in charge of the event or activity (i.e., the presiding officer), and request the complaint be addressed
3.3 The Anti-Harassment Officer (or appropriate designate), upon request of the complainant, will investigate the complaint promptly and confidentially, including separately interviewing the parties and any witnesses, with a view to resolving the problem informally and having any offensive behaviour(s) stop. Resolutions at this stage may include (but are not limited to): dismissal of the complaint as vexatious, frivolous, or not meeting the definition of harassment, a verbal apology, a warning from the presiding federation officer, or relocation of the respondent within the venue.
3.3.1 If, in the judgment of the Anti-Harassment Officer and/or presiding federation officer, the offending member should leave the activity or event, such a request will be made, and appropriate steps taken to ensure compliance.
3.4 If the complaint cannot be resolved informally, the Anti-Harassment Officer will ensure that the federation event or activity can proceed without further harassment. The complainant will be asked to put the complaint and all relevant information in writing. If the complainant chooses to provide such a written complaint, it will be submitted to the Bargaining Unit/District 34 XXXXX or designate for action.
3.4.1 As per RCM BU, District 34, Anti-Harassment Policy and Procedures, the Anti-Harassment Officer and/or designate will conduct an investigation, determine if the behaviour falls under the definition of harassment, and decide on appropriate remedial action.
3.4.2 The parties involved will receive a written report stating the findings and any action taken.
3.4.3 The complainant may request local Bargaining Unit officers to assist in filing the written complaint.
3.4.4 The respondent may request local Bargaining Unit officers to assist in preparing a rebuttal, defence, or appeal.
3.4.5 Decisions made by the Anti-Harassment Officer or designate may be reviewed by the Bargaining Unit Executive at the request of the member.
3.4.6 The Bargaining Unit shall keep a confidential file of all records and reports related to the investigation of written complaints for a period of five years.
3.4.7 None of the above restricts a member's right to file a complaint with the Ontario Human Rights Commission or to make a complaint to police.
4 Anti-Harassment Appeals Procedure:
4.1 Members of RCM BU, District 34, affected by a decision resulting from a complaint under the Bargaining Unit Anti-Harassment Policy and Procedures may appeal this decision using the following procedure:
4.1.1 Within x(#) days of the decision, the affected member (herein called the Appellant) shall submit a request in writing to the Bargaining Unit Executive for an Appeal Hearing.
4.1.2 Within x(#) days of receiving the request, the Bargaining Unit Executive shall appoint x(#) members of the Bargaining Unit Executive (herein called the Appeals Committee) to consider the appeal.
4.1.3 Within x(#) days of the formation of the Appeals Committee, it shall meet to consider the appeal.
4.1.4 The Appeals Committee shall review the complaint, the investigation process and findings, and the decision.
4.1.5 Following the review, the Appeals Committee shall either confirm or modify the decision.
4.1.6 The decision of the Appeals Committee shall be consistent with the Bargaining Unit/District’s
Anti-Harassment Policy and Procedures.
4.1.7 The Appeals Committee shall report the decision on the Appeal to the Bargaining Unit/District Executive within x(#) days after the meeting at which the Appeal is considered.
4.1.8 Within x(#) days of receiving the decision of the Appeals Committee, the Bargaining Unit Executive and/or Bargaining Unit President shall communicate the decision to the Appellant in writing.
4.1.9 The decision of the Appeals Committee shall be considered final and not subject to any appeal within the Bargaining Unit/District.