OF
THE NEW BRUNSWICK NURSES UNION
CONSTITUTION AND BY-LAWS
REVISED January 15, 2018
Table of Contents
Constitution Page 3
Name ...... Page 3
Objectives ...... Page 3
Amendments ...... Page 4
By-Laws Page 5
Definitions ...... Page 5
Functions ...... Page 5
Membership ...... Page 5
Officers of the Local Executive Committee ...... Page 6
Duties of Officers ...... Page 7
Duties and Responsibilities of the Local Executive Committee...Page 9
Meetings of the Local ...... Page 9
Voting at Meetings of the Local ...... Page 10
Committees of the Local ...... Page 10
Revenue ...... Page 14
Financial Review ...... Page 14
Amendments to the By-laws ...... Page 15
2 CONSTITUTION
ARTICLE 1 NAME
1.01 This organization shall be known as The Moncton Hospital Local of New Brunswick Nurses Union.
1.02 In the interpretation of this constitution, the feminine gender used herein shall mean and include the masculine and the singular shall include the plural and vice- versa as possible.
ARTICLE 2 OBJECTIVES
2.01 a) To promote the advancement of the social, economic and general welfare of its members.
b) To promote and encourage efficient communication among its members.
c) To create and maintain a harmonious environment for its members in order to stimulate a free exchange of ideas.
d) To educate membership in its efforts for job satisfaction.
e) To educate membership on matters pertaining to their collective agreement.
f) To represent membership on issues to be debated at the provincial level of the union by seeking the input of all members.
g) To promote awareness of union functions and to encourage participation.
h) To unify members in working towards a stronger union and local.
i) To encourage the education of its members in such a manner as may be deemed advisable to achieve these objectives.
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ARTICLE 3 AMENDMENTS
3.01 Amendments to the constitution will be made only in accordance with ARTICLE 12 of the by-laws.
ARTICLE 4
4.01 The Local hereby acknowledges the authority of the New Brunswick Nurses Union to bargain collectively for the Local and to discharge the duties and responsibilities of bargaining agent under the Public Service Labour Relations Act or the industrial Relations Act on behalf of the Local.
4.02 Members of a bargaining unit shall have the opportunity of voting on any proposed new collective agreement prior to its acceptance or rejection by the New Brunswick Nurses Union.
4.03 The members of the Local and the Local will be bound by any collective agreement which has been accepted by the New Brunswick Nurses Union.
4 BY-LAWS
ARTICLE 1 DEFINITIONS
1.01 When the term “local” is used, it shall mean The Moncton Hospital Local of the New Brunswick Nurses Union.
1.02 “Member” shall mean a nurse who is an employee of the Moncton Hospital, Addiction Center, Rexton Health Center, and the Petiticodiac Health Center.
1.03 “Meeting” shall mean any meeting or conference of the union, provincial or local.
1.04 “Day” shall mean calendar day.
ARTICLE 2 FUNCTIONS
2.01 a) The local shall act as a union representative between employer and employees.
b) The local shall act as a representative between the local and the provincial union office.
2.02 The local shall provide an opportunity for each member to vote on the proposed Collective Agreement pursuant to NBNU Constitution and By-Laws.
2.03 The local shall provide a representative to enforce the Collective Agreement pursuant to the NBNU Constitution & By-laws.
2.04 The local shall provide education related to union activities where possible.
ARTICLE 3 MEMBERSHIP
3.01 Membership will be open to all employees (being defined under the collective agreement) of the said local in accordance with NBNU Constitution & By- Laws.
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ARTICLE 4 OFFICERS OF THE LOCAL EXECUTIVE COMMITTEE
4.01 1). President 2). First Vice President/Grievance Officer 3). Second Vice President/Grievance Officer 4). Secretary/Treasurer
4.02 a) To be eligible to run for the office of President, the member must have served on the local executive.
b) Nominations for the office of President will be open to be received by the local Nominations Committee 60 days prior to the Local annual meeting.
If no member who has previously served on the local executive is nominated to run for President 60 to 45 days before the local annual meeting, then nominations from the general membership shall be received from 44 to 30 days before the Local Annual Meeting.
All nominations for candidates for officers of the local executive must be submitted at least 30 days before the Local Annual Meeting.
c) Members elected to office shall hold office for a two (2) year term. d) The previous executive officers shall serve for one (1) month following the election of new officers. During that time, pervious officers shall be responsible for the orientation for newly elected officers.
4.03 Within 120 days following the NBNU Annual Meeting in odd numbered years the local shall hold an election for Executive Officers. Voting for Executive officers shall be conducted at change of shift time 0700 to 0800, 1500 to 1600 and 1900 to 2000 the day of the Local Annual Meeting. The new executive officers will assume their terms the day following the Annual Meeting at which they were elected.
4.04 Any local executive committee member who absents themselves for any two (2) consecutive meetings, without valid reason satisfactory to the local executive committee, shall no longer be a member of the local executive committee and such office shall be declared vacant.
6 4.05 a) In the event that the president should resign, die or otherwise cease to act, the First Vice President/grievance officer will act as interim president until such time as a new president is elected.
b) In the event that the First Vice President/Grievance officer, Second Vice President/Grievance Officer, or Secretary/ Treasurer resign, die or otherwise cease to act, the local executive committee shall appoint a replacement for the unexpired term. At the wish of any three (3) members an election may be held to fill the vacancy.
ARTICLE 5 DUTIES OF OFFICERS
5.01 a) The President shall:
i) Be a member of Executive council and attend all Executive Council meetings or all other meetings called by NBNU and she shall communicate the information to the members. ii) Call and preside all Local meetings and ensure that the policies of the Local are established and respected. iii) Be official spokesperson of the local. iv) Act as a signatory on correspondence, on cheques and co-signatory on minutes of the local. v) President and Secretary shall send notice of meetings and distribute the minutes to the members. vi) Be responsible for preparation of the agenda for Local meetings. vii) Encourage members’ participation. viii) Forward a report of the Local activities to NBNU before each executive Council Meeting and the Annual Meeting. ix) Shall be a voting delegate of NBNU Annual meetings. x) Present members’ concerns to NBNU. xi) Establish and maintain communication between Executive Committee and the members of the Local. xii) Be involved in NBNU requests when possible so to participate in NBNU objectives. xiii) Participate in all committees of the Local, as required, in an ex- officio capacity.
b) The Vice Presidents /Grievance Officers /shall:
i) Handle all matters for grievance. ii) Divide all nursing units into 2 zones with one zone for each Officer in a fair and equitable manner as mutually agreed.
7 iii) Perform other duties as directed by the president and/or the local executive committee. iv) Be accountable to the local through the executive committee. v) First Vice President/ Grievance Officer will preside at all meetings when the President is absent. vi) Submit an annual report in writing. c) The Secretary/Treasurer shall:
i) Attend all meetings of the local ii) Be responsible for records of minutes of local meetings. iii) Perform other duties as directed by the local executive committee. iv) Be accountable to the local through the executive committee. v) Prepare and send union notices as directed by the President. vi) In collaboration with the Local Communications Committee, keep designated workplace union bulletin boards current with information for members. vii) Provide NBNU with current material, including minutes of Local meetings, current Local Policy Manual, Local Constitution and By- Laws, list of Local Executive and Committee members for the Local bulletin board on the NBNU website, as directed by the Local President. viii) Make travel arrangements on behalf of the Local, ie book air travel, hotel reservations, submit registrations, as required. ix) Adhere to Procedures Manual for Local Treasurers provided by NBNU. x) Comply with provisions of current Employers Guide to Payroll Deductions and Guide to Payroll Deduction Tables, which are obtained from Revenue Canada annually. xi) Shall prepare and forward a balance sheet to NBNU on an annual basis. xii) Prepare or have prepared T4 slips for local members where applicable. xiii) Shall maintain local payroll booklet. xiv) Be involved in all financial matters including budgeting. xv) Act as signatory on cheques. xvi) Deposit all monies of the local in a chartered bank. xvii) Keep a record of all financial transactions. xviii) Keep and record a list of the membership of the local. xix) Provide a monthly and annual financial statement for the local. xx) Recommend an annual budget for approval by the membership of the local.
8 xxi) Have accounts reviewed yearly by an accredited accounting professional. xxii) Submit an annual report in writing.
ARTICLE 6 DUTIES AND RESPONSIBILITIES OF THE LOCAL EXECUTIVE COMMITTEE
6.01 The local executive committee shall be responsible for the administration of the affairs and activities of the local when the local is not in meeting.
6.02 The local executive committee shall meet at the call of any member of the executive.
6.03 Each member of the local executive committee excluding the President shall be entitled to one vote on each question, which is voted upon at a meeting. In the event of a tie, the President shall be entitled to cast a deciding vote.
6.04 Report of any action taken by the local executive committee shall be reported at a local meeting.
ARTICLE 7 MEETINGS OF THE LOCAL
7.01 The local shall hold an annual meeting each year at such time and place as determined by the local executive committee.
7.02 The local shall hold at least eight (8) meetings a year and notice of meetings shall be posted at least one week prior to the meeting. Such notice shall include the agenda.
7.03 A special meeting of the local can be called at any time and place at the request in writing of at least ten (10) members of the local or any two (2) members of the local executive committee.
7.04 If any procedural matter is brought into issue at any meeting of the local, Robert’s Rules of Order Newly Revised shall govern.
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ARTICLE 8 VOTING AT MEETINGS OF THE LOCAL
8.01 Any member of the local may attend and participate in any meetings of the local.
8.02 Each member shall be entitled to one (1) vote.
8.03 Voting shall be by a show of hands unless another manner of voting is requested by the members, with the exception of elections.
ARTICLE 9 COMMITTEES OF THE LOCAL
9.01 For all standing committees of the Local, except the Local Executive, Professional Practice, and Unit Representative Committee; committee members are elected at the Local Annual Meeting. Committee candidates for the Local Annual Meeting election must submit their names to the Nomination Committee not less than 21 days prior to the Local Annual Meeting. If there are vacancies on Committees following this deadline, the Local Executive Committee shall appoint members to Committees, as required, following the Local Annual Meeting.
9.02 Executive Committee:
a) The Executive Committee shall be composed of the President, First Vice President/Grievance Officer, Second Vice President/Grievance Officer, and Secretary/Treasurer who will meet at least 4 times a year at the discretion of the President.
9.03 Nominations Committee:
a) Shall be composed of three (3) or more members elected at the Local Annual Meeting held within 120 days following the NBNU Annual Meeting in odd numbered years. Additional members may be added at the discretion of the nominations committee.
b) Any member of the Nominations Committee who intends to run for any position on the local executive must remove themselves from the
10 Nominations Committee prior to the commencement of the nomination period.
c) The Nominations Committee Shall:
i) Elect chairperson for the Nominations Committee ii) Seek candidates to be nominated for each of the offices of the local and for members of the standing committees. Any person nominated must be a member of the local and consent to the nomination. iii) Prepare a slate of candidates and send it to the President not less than 21 days prior to the Local Annual Meeting. The slate of candidates, and notice of voting period, will be distributed/posted not less than fourteen (14) days prior to the Local Annual Meeting. iv) Prepare the ballots and conduct elections of: a) Local officers / committee b) Provincial negotiating team
9.04 Finance Committee:
a) Shall be composed of the local Secretary/Treasurer, as chairperson; constitution and by-laws committee chairperson and one (1) more member elected in the odd numbered years at the annual meeting of the local. Additional members may be added at the discretion of the finance committee. The past Secretary/Treasurer shall be ex-officio member of the committee for one (1) year.
b) The Finance Committee Shall:
i) Be chaired by the Secretary/Treasurer ii) Recommend an annual budget for approval by the membership. iii) Determine criteria for disbursements and recommend to membership how monies will be used. iv) Prepare a financial statement for acceptance by the membership. v) Be involved in managing local monies.
9.05 Constitution and By-Laws Committee Shall:
a) Be composed of three (3) or more members elected at the Local Annual Meeting held within 120 days following the NBNU Annual Meeting in
11 odd numbered years. Additional members may be added at the discretion of the constitution and by-laws committee.
b) The Constitution and By-laws Committee Shall:
i) Elect a chairperson for the Constitution and By-laws Committee ii) Receive suggestions in writing from local members for changes. iii) Compile and review the submissions for local constitution and by- law changes from the membership. iv) Present the recommendations for constitution and by-law changes to the membership at a local meeting. v) Shall submit an annual report in writing.
9.06 Professional Practices Committee:
a) Shall be composed of the Executive Committee.
b) Shall function as provided for in the collective agreement.
c) Shall submit an annual report in writing.
9.07 Occupational Health and Safety Committee:
a) The Local President shall represent the Local on the committee and will attend all meetings. Alternate shall be one of the VP/Grievance Officers as decided by the Local Executive.
b) Shall function as provided in the collective agreement.
c) Shall submit an annual report in writing.
9.08 Education Committee
a) Shall be composed of the Secretary/Treasurer and two (2) other members elected at the Local Annual Meeting held within 120 days the NBNU Annual Meeting in odd numbered years.
b) The Education Committee shall i) Elect a Chair Person ii) Draw up guidelines for dispersing of education funds iii) Post information for members to inform them when and how to apply for education funds.
12 iv) Shall submit an annual report in writing.
9.09 Unit Representatives Committee a) Shall be chaired by the President and be composed of 1-2 members from each designated nursing unit or work area. Selection of representative will be made by the individual unit/area staff nurses on a yearly basis during the month of September. b) The Unit Representatives Committee members shall: i) Receive four (4) hours per calendar year of Union education organized by the Local. ii) Attend a minimum of four (4) Local meetings per year. iii) Provide information and facilitate communication between Local members and the President to ensure work situations and collective agreement issues are known, and acted upon, through appropriate avenues.
9.10 Special Committee:
a) Special Ad Hoc Committee may be elected by the local at any time.
ARTICLE 10 REVENUE
10.01 The Revenue of the local shall be derived as follows:
a) The local shall receive the per capita from the monthly dues of nurses as received from NBNU.
b) The local may accept any donation, grant, bequest or other form of transfer of funds or properties from any charitable, government, educational or other source and may agree with the transfer to any specific purpose consistent with the objectives of the local.
ARTICLE 11 FINANCIAL REVIEW
11.01 The fiscal year of the local shall be January 1 - December 31. The local shall have the accounts reviewed yearly by an accredited accounting professional who shall not be a member of the local. The Secretary/Treasurer shall present the findings
13 of this review annually and the membership shall approve the hiring of the accounting professional.
ARTICLE 12 AMENDMENTS TO THE BY-LAWS:
12.01 These by-laws may be amended at a local annual meeting by a vote in favor of amendment, which is not less than 2/3 of the votes cast. Proposed amendments must be received by the chair of the Local Constitution and By-Laws Committee not later than 30 days prior to the Local Annual Meeting. Proposed amendments must be circulated by email to the members at least seven (7) days prior to the local annual meeting.
12.02 Any amendment to the constitution or by-laws will take effect the first day following the adjournment of the annual or general meeting where such amendment was passed in accordance with ARTICLE 12.01.
12.03 Revised Constitution and By-Laws shall be submitted to NBNU for posting on website and will be circulated via all-user RN e-mail within 45 days of the Local Annual Meeting.
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