Unions Bylaws 2020

INTRODUCTION 
SECTION 1 – NAME 
SECTION 2 – OBJECTIVES 
SECTION 3 – REFERENCES 
SECTION 4 – MEMBERSHIP 
SECTION 5 – REGULAR AND SPECIAL MEMBERSHIP MEETINGS 
SECTION 6 – VOTING OF FUNDS 
SECTION 7 – OFFICERS 
SECTION 8 – EXECUTIVE 
SECTION 9 – DUTIES OF OFFICERS 
SECTION 10 – HONORARIUMS 
SECTION 11 – FEES, DUES AND ASSESSMENTS 
SECTION 12 – NOMINATION, ELECTION AND INSTALLATION OF OFFICERS 
SECTION 13 – DELEGATES TO CONFERENCES, CONVENTIONS, EDUCATIONALS,
SEMINARS & OUT OF TOWN MEETINGS 
SECTION 14 – COMMITTEES 
SECTION 15 – RULES OF ORDER 
SECTION 16 – NON PAYMENT OF DUES AND ASSESSMENTS 
SECTION 17 – EXPENDITURES
SECTION 18 – COMPLAINTS AND TRIALS
SECTION 19 – AMENDMENTS
SECTION 20 – PRINTING AND DISTRIBUTION OF BYLAWS 
Appendix A 23
CUPE NATIONAL EQUALITY STATEMENT
Appendix B 24
CODE OF CONDUCT
Appendix C 26
RULES OF ORDER

INTRODUCTION
Local 498 of the Canadian Union of Public Employees (CUPE) has been formed to:
Improve the social and economic well-being of all its members;

• Promote equality for all members and to oppose all types of harassment and
  discrimination;
• Promote the efficiency of public services; and,
• Express its belief in the unity of organized labour.

The following bylaws are adopted by Local 498 in accordance with the CUPE National
Constitution (Articles 13.3 and B.5.1), to protect the rights of all members, to provide for
responsible governance of Local 498, and to involve as many members of Local 498 as
possible through the sharing of duties and responsibilities.

CUPE chartered organizations shall respect and apply the CUPE National Equality
Statement to all of the chartered organizations’ activities. The CUPE National Equality
Statement can be found in Appendix A to these bylaws.

CUPE chartered organizations may also wish to adopt a Code of Conduct that would apply
to regular and special membership meetings and other functions organized by the
chartered organization. Local 498’s Code of Conduct can be found in Appendix B to these
bylaws.

SECTION 1 – NAME
The name of this Union Local shall be Canadian Union of Public Employees, Local 498.
Local 498 consists of the following bargaining unit:
City of Port Coquitlam Municipal Employees

SECTION 2 – OBJECTIVES
The objectives of Local 498 are to:

1.  Secure the best possible pay, benefits, working conditions, job security, pensions and
   retiree benefits for its members;
2. Provide an opportunity for its members to influence and shape their future through free
   democratic trade unionism;
3. Encourage the settlement by negotiation and mediation of all the disputes between the
   members and their employers;
4. Eliminate harassment and discrimination of any sort or on any basis; for the equality of
   treatment regardless of class, race, colour, nationality, age, sex/gender, language,
   sexual orientation, place of origin, ancestry, religious beliefs, or mental and physical
   disability; and the active opposition of discrimination of same wherever it occurs or
   appears;
5.  Establish strong working relationships with the public we serve and the communities in
   which we work and live; and,
6. Support CUPE in reaching all of the objectives set out in Article II of the CUPE National
   Constitution.

SECTION 3 – REFERENCES
Numbers of Articles at the end of the sections or sub-sections in this document refer to
relevant Articles of the CUPE National Constitution which should be read together with
these bylaws.

SECTION 4 – MEMBERSHIP
(a) Membership
An individual employed with the City of Port Coquitlam in a unionized position, will
pay an initiation fee to Local 498 as set out in Section 11. Employees must attend a
regular and/or special membership meeting to be sworn in.
(b) Approval of Membership
At the first meeting that a new employee attends, they will be accepted into the
membership, unless a majority of members present at that regular and/or special
membership meeting object.
(c) Oath of Membership
New members will take this oath:
“I promise to support and obey the Constitution of this Union, to work to improve the
economic and social conditions of other members and other workers, to defend and
work to improve the democratic rights and liberties of workers and that I will not
purposely or knowingly harm or assist in harming another member of the Union.”
(d) Continuation of Membership
Once accepted, a member continues as a member in good standing while
employed within the jurisdiction of Local 498 unless the member loses good
standing under the provisions of the CUPE National Constitution.
(e) Member Obligations
Members are obligated to abide by the CUPE National Constitution and these
bylaws, as amended, as required.
Members will provide the Recording Secretary with their current address, phone
number and e-mail address, where applicable. Members will advise the Recording
Secretary of any changes to their contact information. This information will be
protected and be used only to communicate with members.

SECTION 5 – REGULAR AND SPECIAL MEMBERSHIP MEETINGS
(a) Regular Membership Meetings
Regular membership meetings of Local 498 shall be held at 4:40 pm on the second
Tuesday of each month at a location selected by the Executive. If a statutory
holiday or other cause intervenes, the Executive shall give one week’s notice of any
change in the date of a regular membership meeting. Notice of each regular
membership meeting will outline the date, time and location and be posted at least
seven days in advance of the meeting.
(b) Special Membership Meetings
Special membership meetings of Local 498 may be required, and shall be called by
the Executive or may be requested in writing by no fewer than 10 members. The
President shall immediately call a special meeting when so ordered or requested
and shall see that members receive at least twenty-four hours’ notice. Notice of
each special meeting will outline the date, time, and location and be posted at least
24 hours in advance of the meeting. No other business will take place other than
that for which the special membership was called and notice was given.
(c) Quorum
The minimum number of members required to be in attendance for the transaction
of business at any regular or special meeting shall be 7 members including at least
2 members of the Executive.
(d) Regular Membership Meeting Agenda
The order of business at a regular membership meeting is as follows:
1. Roll Call of Officers
2. Reading of the Equality Statement
3. Voting on New Members and Initiation
4. Reading of the Previous Meeting Minutes
5. Matters Arising From the Minutes
6. Secretary-Treasurer’s Report
7. Communications
8. Executive Report
9. Committee Reports
10. Nominations, Elections, or Installations
11. Unfinished Business
12. New Business
13. Good of the Union
14. Adjournment
(Article B.6.1)

SECTION 6 – VOTING OF FUNDS
Except for ordinary expenses and bills as approved at regular and/or special membership
meetings, no sum over five hundred dollars ($500.00) shall be voted for the purpose of a
grant or contribution to a member or any cause of CUPE, except by notice of motion given
in writing and dealt with at the following regular and/or special membership meeting.
(Article B.4.4)

SECTION 7 – OFFICERS
The Officers of Local 498 shall be the President, two Vice Presidents, Secretary-Treasurer,
Recording Secretary, three General Vice Presidents and three Trustees. All Officers shall
be elected by the membership. Sergeant-at-Arms is not stated in CUPE Nat’l Constitution.
(Articles B.2.1 and B.2.2)

SECTION 8 – EXECUTIVE

1. The Executive shall include the President, two Vice Presidents, Secretary-Treasurer,
   Recording Secretary and three General Vice Presidents as voting Executive members.
   The Sergeant-at-Arms is a non-voting Executive member.
   (Article B.2.2)
2. The Executive shall meet at least once every month.
   (Article B.3.14)
3. A majority of the Executive constitutes a quorum.
4. The Executive shall hold title to any real estate of Local 498 as Trustees for Local 498.
   They shall have no right to sell, convey, or encumber any real estate without first giving
   notice and then submitting the proposal to a membership meeting and having it
   approved.
5. The Executive shall do the work delegated to it by Local 498 and shall be held
   responsible for the proper and effective functioning of all Committees.
6. All charges against members or Officers must be made in writing and dealt with in
   accordance with the provisions of the CUPE National Constitution.
   (ArticleB.11.1 to B.11.5)
7. Should any Executive member fail to answer the roll call for three (3) consecutive
   regular membership meetings or three (3) consecutive Executive meetings, without
   having submitted good reasons, their office shall be declared vacant and shall be filled
   by an election at a following membership meeting.
   (Article B.2.5)
8. The Grievance Committee shall comprise of the 2nd Vice President and two other
   Executive members.

SECTION 9 – DUTIES OF OFFICERS
Each Officer of Local 498 is encouraged to participate in CUPE educational courses and
seminars to enhance their leadership skills, expand their knowledge and expertise.
All Officers must give all properties, assets, funds and all records of Local 498 to their
successors at the end of their term of office.
(Article B.3.9)

All Signing Officers of Local 498 shall be bonded through the master bond held by CUPE
National. Any Officer who cannot qualify for the bond shall be disqualified from having
signing authority.
(Article B.3.5)

(a) The President shall:

•  Enforce the CUPE National Constitution, these bylaws and the Equality
  Statement.
• Interpret these bylaws, as required.
• Preside at all membership and Executive meetings and preserve order.
• Decide all points of order and procedure (subject always to appeal to the
  membership).
• Have the same right to vote as other members. In the case of a tie vote, the
  President may cast another vote or the President may refrain from casting an
  additional vote, in which case the motion is defeated.
• Ensure that all Officers perform their assigned duties.
• Fill Committee vacancies where elections are not provided for.
• Conduct the initiation ceremony for new members at their first membership
  meeting.
• Be a Signing Officer and ensure that Local 498’s funds are only used as
  authorized or directed by the CUPE National Constitution, these bylaws, or by
  vote of the membership.
• Be allowed necessary and reasonable funds for expenses incurred on behalf of
  Local 498. Expense claims must be detailed on an Expense Voucher form with
  supporting receipt(s) attached.
•  Have first preference as a delegate to the CUPE National Convention.
• Be a standing member of the Bargaining and Negotiation Committee.
  (Article B.3.1)

(b) The 1st Vice President shall:

• Perform the duties of the President, if the President is absent or not able to.
• Preside over Executive, regular and special membership meetings in the
  absence of the President.
•  Be Acting President until a new President is elected through a by-election.
•  Render assistance to any member of the Executive.
• Be a standing member on the Bargaining and Negotiation Committee.
• Be a Signing Officer along with the President and Secretary-Treasurer.

(c) The 2nd Vice President shall:

• Perform the duties of the Chief Shop Steward.
•  Be the Chair of the Grievance Committee and provide a report at Executive,
  regular and/or special membership meetings.
• Render assistance to any member of the Executive.
• Perform the duties of the President if the President and 1st Vice President are
  absent or not able to perform the duties of the President.
• Be a member of the Bargaining and Negotiation Committee.
  (Article B.3.2)

(d) The Recording Secretary shall:

• Keep full, accurate, and impartial account of the proceedings of all regular,
  special membership and Executive meetings. These records must include a
  financial report from the Secretary-Treasurer. When applicable, the record will
  include the Trustees’ report.
• Record all amendments and/or additions to these bylaws, and make certain that
  these are sent to the National President for approval prior to implementation.
• Answer correspondence and fulfil other administrative duties as directed by the
  Executive.
• Keep a copy of all correspondence/letters sent out.
• Prepare and distribute all circulars and notices to members.
• Maintain a Book of Financial Motions (eg. funding approvals) and have ready on
  reasonable notice for the Trustees’ review.
• Preside over membership and Executive meetings in the absence of both the
  President and the Vice Presidents.
• Be empowered, with the approval of the membership, to employ administrative
  assistance.
• On termination of office, surrender all books, seals and other properties of Local
  to its successor.
• Perform other duties as required by Local 498, these bylaws or the CUPE
  National Constitution.
  (Article B.3.43)

(e) The Secretary-Treasurer shall:

• Be responsible for maintaining, organizing, safeguarding and keeping on file all
  supporting documents, authorizations, invoices, and/or expense claims for every
  disbursement made, receipts for all money sent to CUPE National, as well as
  records and supporting documents for all income received by the Local Union.
• Make a written financial report to each regular membership meeting, detailing all
  income and expenditures for the period.
• Make all books available for inspection by the Trustee and/or auditors on
  reasonable notice. Ensure that the books are audited a least once each
  calendar year and within a reasonable time, respond in writing to any
  recommendations and concerns raised by the Trustees.
• Receive all revenue, initiation fees, dues, assessments and promptly deposit all
  cheques.
• Keep a record of member’s due payments.
• Sign all cheques and ensure that Local 498’s funds are used only as authorized
  or directed by the CUPE National Constitution, these bylaws, or by vote of the
  membership.
• During a prolonged absence, set up a meeting between all Signing Officers and
  the bank in order to get another Executive member on the bank account as a
  Signing Officer.
• Prepare CUPE National’s per capita and affiliation forms to any organization to
  which Local 498 is affiliated and ensures a cheque is remitted on a monthly
  basis.
• Submit a financial report at each regular membership meeting.
• Be bonded through the master bond held by CUPE National. Any SecretaryTreasurer who cannot qualify for the bond shall be disqualified from office.
• Pay no money unless supported by an expense voucher signed by the President
  and one other member of the Executive or any two other members of the
  Executive.
• Make all books available for inspection by the Trustees, on reasonable notice,
  and have the books audited semi-annually by the Trustees.
• Provide the Trustees with any information they may need to complete the audit
  report supplied by CUPE National.
• Be empowered, with the approval of the membership, to employee
  administrative assistance.
• (Articles B.3.4 to B.3.8)

(f) The General Vice Presidents shall:

• Potentially a member of the Bargaining and Negotiation Committee.
• Render any assistance to any member of the Executive.

(g) The Trustees shall:

• Act as an auditing committee on behalf of the members and audit the books and
  accounts of the Secretary-Treasurer, the Recording Secretary, and the
  committees at least once every calendar year.
• Make a written report of their findings to the first membership meeting following
  the completion of each audit.
• Submit in writing to the President and Secretary-Treasurer any
  recommendations and/or concerns they feel should be reviewed in order to
  ensure that the Local Union’s funds, records, and accounts are being maintained
  by the Secretary-Treasurer in an organized, correct, and proper manner.
• Audit the books of the Secretary-Treasurer to ensure funds, records and
  accounts are being maintained by the Secretary-Treasurer in accordance with
  good accounting practises.
• Ensure monies have not been paid out with proper constitutional, bylaw or
  membership authorization.
• Report the outcome of the audit at a regular membership meeting.
• Ensure that financial reports are given at regular membership meetings.
• Inspect office furniture and equipment, and titles or deeds to property that may
  be owned by Local 498, and report findings to the membership.
• Send to the National Secretary-Treasurer, with a copy to the assigned National
  Representative, the following documents:
  i. Trustees’ Report
  ii. Secretary-Treasurer Report to the Trustees
  iii. Recommendations made to the Executive
  iv. Secretary-Treasurer’s Response to the Recommendations
  v. Concerns that have not been addressed by the Executive.
  (Articles B.3.4 to B.3.8)

(h) The Sergeant-at Arms shall:

• Guard the inner door at regular and special membership meetings and admit no
  one but members in good standing or Officers and officials of CUPE, except on
  the order of the President and with consent of the members present.
•  Maintain a record of membership attendance at regular and special meetings.
• Perform such other duties as may be assigned by the Executive.

 

SECTION 10 – HONORARIUMS
The following honorariums shall be provided monthly:

President $300.00	Secretary-Treasurer $250.00
1st Vice President $250.00	General Vice Presidents $100.00
2nd Vice President $250.00	Sergeant at Arms $50.00
Recording Secretary $250.00

SECTION 11 – FEES, DUES AND ASSESSMENTS
(a) Initiation Fee
Membership in Local 498 will be by an initiation fee of ten dollars ($10.00) which is
collected by Payroll on their first pay cheque and remitted to Local 498 electronically
with the monthly dues. Re-admission to Local 498 will be by a re-admission fee of ten
dollars ($10.00) which is collected by Payroll on their first pay cheque and remitted to
Local 498 electronically with the monthly dues.
(Articles B.4.1 andB.8.2)

(b) Monthly Dues
Monthly dues shall be 2.25% of each member’s regular earnings with .85% remitted to
CUPE National and 1.4% to Local 498.

Changes in the levels of the initiation fee or Local 498’s monthly dues can be effected
only by following the procedure for amendment of these bylaws with the additional
provision that the vote must be by secret ballot.
(Article B.4.3)

Notwithstanding the above provisions, if the CUPE National raises the minimum fees
and/or dues above the level herein established, these bylaws will be deemed to have
been automatically amended to conform to the new CUPE National minimal.

(c) Amending Monthly Dues
The monthly dues may be amended at a regular or special membership meeting. The
vote must be by secret ballot. Notice of at least seven days at a previous regular
membership meeting or 60 days in writing must be given.

(d) Assessments
Assessments may be levied in accordance with the CUPE National Constitution.
Assessments do not mean or include regular monthly dues and are applied for a
specific purpose or specific length of time. Membership approval is required and the
assessment will only be applied aft the CUPE National President approves the
assessment.

SECTION 12 – NOMINATION, ELECTION AND INSTALLATION OF OFFICERS
(a) Nominations

1.  Nominations shall be received at a regular membership meeting held in the
   month of May. To be eligible for nomination of the Executive including President,
   1St Vice President, 2nd Vice President, Treasurer and Recording Secretary, a
   member shall be a member of good standing of CUPE Local 498.
2.  Nominations will be accepted from members in attendance at the Election
   Meeting or from those members who have allowed their name to be filed in
   writing at the meeting, witnessed by another member.
   (Articles B.8.1, B.8.2 and B.8.3)
3. A member may accept nomination for a position while holding office in any
   position. If successful in the election, their resignation from their current
   position will take effect at that time.
4. No member will be eligible for nomination if they are in arrears of dues and/or
   assessments.

(b) Elections
1. The voting shall take place at the Election Meeting in May. The vote shall be
by secret ballot.

Even Years	Odd Years
President	1st Vice President
2nd Vice President	Secretary – Treasurer
Recording Secretary	Sergeant at Arms
GVP (1)	GVPs (2)
Shop stewards	Health and Safety Committee

3 Trustees are elected upon expiration of terms

For transition period, in election year 2020, the positions of 1st vice president,
secretary-treasurer, sergeant at arms, GVPs (2) and health and safety
committee are one year term to start odd year election at 2021.

2. At a preceding regular membership meeting, the President will, subject to the
approval of the members present, appoint an Elections Committee consisting
of a Chief Returning Officer and Assistant(s). The Committee will include
members of Local 498 who are neither Officers nor candidates for office. The
Elections Committee shall have full responsibility for voting arrangements and
shall treat information submitted to it, in connection with its responsibilities, as
confidential. The CUPE National Representative assigned to Local 498 shall
serve as an advisor to this Committee.

3. The Elections Committee will determine the form of the ballot and ensure that
sufficient quantities are made available in good time to the Chief Returning
Officer.

4. The Chief Returning Officer will be responsible for issuing, collecting, and
counting ballots. The Chief Returning Officer must be fair, impartial and see
that all arrangements are unquestionably democratic.

5. Voting to fill one office will be conducted and completed and recounts dealt
with before balloting may begin to fill another office.

7. A majority of votes cast (more than 50%) will be required before any candidate
can be declared elected, and second and subsequent ballots will be taken if
necessary to obtain a majority. On the second and subsequent ballots, the
candidate receiving the lowest number of votes in the previous ballot will be
dropped.

8. In the event of a tie vote, a second and subsequent ballot(s) will be taken, if
necessary, until a candidate receives a majority of votes cast and can be
declared elected. In the event the tie vote persists, subsequent ballots may be
deferred to the next regular membership meeting.

9. When two or more nominees are to be elected to any office by ballot, each
member voting will be required to vote for the full number of candidates to be
elected or the member’s ballot will be declared spoiled.
(Article 11.4)

10. Any member may request a recount of the votes for any election and a recount
will be conducted if the request is supported, in a vote, by at least the number
of members equal to the quorum for a regular membership meeting as set out
in Section 5(c).

(c) Installation of Officers
1. All duly elected Officers shall be installed at the meeting at which elections are
held and shall continue in office for 2 year(s) or until a successor has been
elected and installed, provided; however, that no term of office shall be longer
than three years.
(Article B.2.4)

2. The terms of office for Trustees shall be so that one serves for a period of three
years, one for two years, and one for one year, as laid down in Article B.2.4 of
the CUPE National Constitution. Each year thereafter, Local 498 shall elect one
Trustee for a three year period. No member who has been a Signing Officer for
Local 498 is eligible to run for Trustee, until at least one full term of office has
elapsed.

3. The Oath of Office to be read by the newly-elected Officers is:
“I, _______________________, promise to perform the duties of my office, as
set out in the Constitution and laws of the Canadian Union of Public Employees,
faithfully and to the best of my ability for my term of office. As an Officer of the
Union, I will always promote the harmony and dignity of its sessions by counsel
and example. I also promise to turn over all property of the Union to my
successor at the end of my term.”
(Article 11.6(b))

(d) By-elections
Should an office fall vacant for any reason, the resulting by-election should be
conducted as closely as possible in conformity with this Section. The term of office
for any position filled through a by-election will be the term that the vacated position
was initially elected to fulfill.

SECTION 13 – DELEGATES TO CONFERENCES, CONVENTIONS, EDUCATIONALS,
SEMINARS & OUT OF TOWN MEETINGS
(a) Except for the President’s option [Section 9(a)], all delegates to conventions,
conferences, educationals, seminars and out of town meetings shall be on the
recommendation of the Executive.

(b) An out of town meeting is defined as a meeting occurring outside Port Coquitlam.

(c) All delegates attending conventions, conferences, educationals or meetings held
outside Port Coquitlam shall be paid transportation expenses (at economy, tourist or
coach rates), and a per diem for meals and expenses. The allowances shall be tied to
and adjusted accordingly to the current CUPE BC Expense Policy. Local 498 will
reimburse the member’s employer for any loss of wages.

(d) When possible, Local 498 will provide members with their per diem allowance prior to
attending a convention, conference, educational, seminar or out of town meeting.

(e) Local 498 encourages the participation of women and all equity-seeking groups in their
delegation to conventions, conferences and educationals.

SECTION 14 – COMMITTEES
(a) Bargaining and Negotiation Committee
The function of the Committee is to prepare collective bargaining proposals and
negotiate a Collective Agreement. This Committee shall remain intact until the
conclusion of current negotiations. The CUPE National Representative assigned to
Local 498 shall be a non-voting member of the Committee and shall be consulted at all
stages from formulating proposals, through negotiations, to contract ratification by the
membership.
Standing Members of the Committee shall be the President, 1st Vice President and 2nd
Vice President. The Standing Members shall approve and appoint a minimum of three
additional Committee Members.

(b) Special Committees
A Special Committee may be established for a specified purpose and a specified period
of time. The members shall be elected at a regular membership meeting, or may, by
specific authorization of the membership, be appointed by the President or the
Executive. Two members of the Executive may sit on any Special Committee as exofficio members.

(c) Standing Committees
The Chairperson of each Standing Committee will be elected by the members at a
regular membership meeting. Permanent Committees will have a term of two years.
The Chairperson and the Executive may, with the approval of the membership, jointly
appoint other members to serve on a Committee, with the exception of the Grievance
Committee, which shall be chaired by the 2nd Vice President.
1. Grievance Committee
This Committee will:
Oversee the handling and receive copies of all grievances.

• Prepare a report on the status of all grievances to CUPE National
• Representative and to regular membership meeting.
• Decide whether or not the grievance should proceed to arbitration and if
  the decision is to not proceed, the griever(s) have the right to appeal the
  decision to the Executive.
• Consist of two Executive members and the 2nd Vice President.

2. Political Action Committee
This Committee will:

• Monitor City Council meetings and report to a regular membership
  meeting.
• Implement any political action as deemed appropriate by the
  membership.

3. Entertainment Committee
This Committee will:

•  Arrange and conduct all social and recreational activities of Local 498
  either as a result of actions taken at regular and/or special membership
  meeting.
• Submit reports and proposals to the Executive or the membership.
• Follow a set budget, as determined by the membership, with all social
  and/or recreational events being self-supporting.

4. Good and Welfare Committee
This Committee will:

• Use their discretion and send members a card when outside these
  guidelines.
• Extend a token of acknowledgement to our members in the form of a card
  or gift card.
• Send a member a card and a gift of approximately $50 value to celebrate
  the birth of their child.
• Send a member a card and a gift of approximately $50 value to
  acknowledge the passing of their loved one (parent, spouse, brother
  sister, child, mother-in-law, father-in-law, sister-in-law, brother-in-law,
  grandchildren, grandparents or grandparents-in-law).
• Send a card to a member that is off work due to injury or sickness for
  more than four weeks.
• Send a card to a member that gets married.
• Send a retiring member a card and a gift of approximately $10 value per
  year of service to mark their years of service and commitment to the
  Local.

5 Health and Safety Committee
This Committee will:

•  Work to educate members on the importance of workplace health and
  safety.
• Prepare and present reports to regular membership meetings.
• Organize an April 28th Day of Mourning ceremony each year.
• Participate on the Joint Occupational Health and Safety Committee
  (JOHSC).
• Ensure that the worker representatives on the JOHSC meet separately
  from the employer to prepare for meetings with the employer.
• Promote safe work procedures and environments so as to prevent illness
  and injury as a result of workplace factors.
• Immediately bring to the attention of the employer any workplace hazard
  that has the potential to cause members’ illness or injury.
• Work to eliminate all workplace hazards, be they physical, environmental,
  or social.

Members of this Committee should be designated as a “Certified Worker
Representative” in accordance with the legislation in their respective jurisdictions
(provincial, federal).

The Committee members will be 8 elected members, one chair, five members
and two alternates. Members will be 2 from Public Works, 1 from Hyde Creek
Recreation Centre, 1 from Port Coquitlam Community Centre, 2 from City Hall,
Annex and/or Leigh Square. Alternates can be from any location. If any spots
are not filled, they shall be appointed by the Committee members. Once the
Committee is formed, they shall elect their Chair.
(Article B.8.6)

SECTION 15 – RULES OF ORDER
In situations not covered by these bylaws, the CUPE National Constitution may provide
guidance, but, if the situation is not dealt with there, Bourinot’s Rules of Order shall be
consulted and applied.
(a) These bylaws are always subordinate to the CUPE National Constitution (including
Appendix “C”) as it now exists or may be amended as required and in the event of
any conflict between these bylaws and the CUPE National Constitution the latter
shall govern. Constitutional interpretation, including determination of conflict, is the
prerogative the CUPE National President.

(b) These bylaws shall not be amended, added to or suspended except upon a majority
vote of those present and voting at a regular or special membership meeting
following seven (7) days’ notice at a previous meeting or at least sixty (60) days
written notice.

(c) No change in these bylaws shall be valid and take effect until approved by the
CUPE National President. The validity shall date from the letter of approval of the
CUPE National President.

SECTION 16 – NON PAYMENT OF DUES AND ASSESSMENTS
A member who fails to pay dues and assessments for three months is automatically
suspended from membership. The suspension will be reported to the Executive by the
Secretary-Treasurer. The Executive will report all suspensions to the next regular
membership meeting. The member may return to membership in good standing by paying
any other penalty set by Local 498.

A member who has been unemployed or unable to work because of sickness may not be
required to pay arrears if waived by the Executive.

SECTION 17 – EXPENDITURES
(a) Payment of Local 498 Funds

• Funds can only be spent for valid purposes of Local 498 under the following
  circumstances:
• When the expenditure is authorized by a budget approved by a majority of
  members present and voting at a regular or special membership meeting;
• When these bylaws approve the expenditure; or
• Through a vote of the majority of members present and voting at a regular or
  special membership meeting.
• Secretary-Treasurer is required to report any expenditure over $3,000.00 at the
  Executive and regular membership meetings.
  (Article B.4.4)

(b) Payment of Per Capita Tax and Affiliation Fees
Authorization to pay per capita tax to CUPE National, to CUPE BC, or any labour
organization Local 498 is affiliated with, is not required.

(c) Payment of Local 498 Funds to Members or Causes Outside of CUPE
In the case of a grant or a contribution to a member(s) or a cause(s) outside of CUPE
greater than $500, a notice of motion must be made at a regular membership meeting
and then approved at the following regular or special membership meeting before the
grant or contribution can be paid out. The approval meeting must be no earlier than
seven days after the meeting where notice of motion has been given. Requestor must
attend the regular membership meeting to answer questions from the membership
regarding their request for funds.

(d) No Officer or Local 498 member will be allowed to spend any Local 498 funds without
first having received authorization under Section 9 of these bylaws.

SECTION 18 – COMPLAINTS AND TRIALS
All charges against members or Officers must be made in writing and dealt with in
accordance with the Trial Procedure provisions of the CUPE National Constitution.
(Articles B.11.1 to B.11.5)

SECTION 19 – AMENDMENTS
(a) CUPE National Constitution
These bylaws are always subordinate to the CUPE National Constitution (including
Appendix B) as it now exists or may be amended as required, and in the event of any
conflict between these bylaws and the CUPE National Constitution, the latter shall
govern. The National President has the sole authority to interpret the CUPE National
Constitution.
(Articles 9.2(c), 13.3 and B.5.1)

(b) Additional Bylaws
Local 498 can amend or add to its bylaws only if:
(i) the amended or additional bylaws do not conflict with the CUPE National
Constitution;
(ii) the amended or additional bylaws are approved by majority vote at a regular or
special membership meeting called for that purpose; and,
(iii) notice of the intention to propose the amended or additional bylaws was given at
least seven days before at a previous membership meeting or 60 days before in
writing.
(Articles 13.3 and B.5.1)

(c) Effective Date of Amended or Additional Bylaws
The amended or additional bylaws do not come into effect until they have been
approved in writing by the CUPE National President. The CUPE National President will
decide whether to approve the amended or additional bylaws within 90 days of
receiving them and will withhold approval only where they conflict with the CUPE
National Constitution.
(Articles 13.3 and B.5.1)

SECTION 20 – PRINTING AND DISTRIBUTION OF BYLAWS
Members will receive a copy of the bylaws, either in paper format or via Local 498’s
website at www.cupe498.ca. Members requesting a copy of these bylaws will be provided
a copy in either French or English as requested. Members with special needs may request
a copy of the bylaws in a larger font.

Appendix A
CUPE NATIONAL EQUALITY STATEMENT
Union solidarity is based on the principle that union members are equal and deserve
mutual respect at all levels. Any behaviour that creates conflict prevents us from working
together to strengthen our union.
As unionists, mutual respect, cooperation, and understanding are our goals. We should
neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any
individual or creates an intimidating, hostile, or offensive environment.
Discriminatory speech or conduct which is racist, sexist, transphobic, or homophobic hurts
and thereby divides us. So too does discrimination on the basis of ability, age, class,
religion and ethnic origin.
Sometimes discrimination takes the form of harassment. Harassment means using real or
perceived power to abuse, devalue, or humiliate. Harassment should not be treated as a
joke. The uneasiness and resentment that it creates are not feelings that help us grow as
a union.
Discrimination and harassment focus on characteristics that make us different; and they
reduce our capacity to work together on shared concerns such as decent wages, safe
working conditions, and justice in the workplace, society, and in our union.
CUPE’s policies and practices must reflect our commitment to equality. Members, staff,
and elected Officers must be mindful that all persons deserve dignity, equality, and
respect.

Appendix B
CODE OF CONDUCT
Local 498 is committed to ensuring that all of its meetings and activities are safe
environments where members are encouraged to speak. Existing members are
encouraged to welcome, mentor and support new members and equity-seeking members.
Local 498 strives to promote core values which include the principles of solidarity, equality,
democracy, integrity, and respect. We are committed to mobilizing our energy and skills to
work together to promote these values and to attain these goals in our union, our
communities, and globally.
Local 498 is committed to creating a union which is inclusive, welcoming, and free from
harassment, discrimination and all types of bullying and intimidation. Local 498 needs to
ensure that a safe environment is provided for its members and Officers in order they can
carry out our work. Local 498 expects that mutual respect, understanding and cooperation will be the basis of all our interaction.
This Code of Conduct for Local 498 sets out standards of behaviour for members at
meetings, and all other events organized by Local 498. It is consistent with the
expectations outlined in the Equality Statement, CUPE National Constitution and these
bylaws. It does not apply to complaints arising in the workplace, as those are dealt with
through the grievance procedure and/or the applicable workplace harassment policy.
As members of this Local 498, we commit to one another and to the union to be governed
by the principles of the Code of Conduct and agree to:

• Abide by the provisions of the Equality Statement;
• Respect the views of others, even when we disagree;
• Recognize and value individual differences;
• Communicate openly;
• Support and encourage each other;
• Make sure that we do not harass or discriminate against each other;
• Commit to not engaging in offensive comment or conduct;
• Make sure that we do not act in ways that are aggressive, bullying, or intimidating;
  and
• Take responsibility for not engaging in inappropriate behaviour due to abuse of
  alcohol or other drugs while participating in union activities, including social events.

Harassment is objectionable behaviour which may include actions, language, gestures,
and/or written material, and which the harasser knows or ought reasonably to know is
abusive and unwelcome. Bullying is a form of harassment which is serious ongoing
behaviour which targets an individual or group and which threatens that person or persons’
mental and/or physical well-being.
A complaint regarding this Code of Conduct will be handled as follows:

1. If possible, a member may attempt to deal directly with the person alleged to have
   engaged in behaviour contrary to the Code, by asking the person to stop such
   behaviour. If that is not possible, or if it does not resolve the problem, a member
   may bring forward a complaint.
2. Once a complaint is received, a designated Officer of Local 498 will work to seek a
   resolution.
3.  If this fails to resolve the matter, the designated Officer of Local 498 shall report the
   matter to the person in charge, who shall determine whether there is need to
   remove the member. The person in charge has the authority to expel members
   from the event for serious or persistent offenses.

This Code of Conduct is designed to create a safe, respectful and supportive environment
within CUPE. It is meant to enhance the rights and obligations outlined in the bylaws of
Local 498, the CUPE National Constitution, the Equality Statement, and applicable human
rights legislation, not replace them.
This Code of Conduct does not replace a member’s right to access the trial provisions of
the CUPE National Constitution.

Appendix C
RULES OF ORDER
1. The President will be the Chairperson at all regular and special membership
meetings. In the absence of the President, the 1st or 2nd Vice President will be the
Chairperson at the membership meeting. In the absence of both Vice Presidents, the
Recording Secretary will be the Chairperson at the membership meeting. In the
absence of the President, both Vice Presidents and the Recording Secretary,
members at the membership meeting will select a Chairperson by majority vote.
Quorum rules must be met.
2. Members are not allowed to speak about an issue for more than five minutes.
Members can only speak to an issue once unless there is agreement by the members
at a meeting, or where all those wishing to speak have had the opportunity to speak.
3. The Chairperson of a Committee who is making a report or the mover of a motion
may speak for up to fifteen minutes. With the agreement of the members present, the
fifteen minutes may be expanded.
4. The Chairperson will state every motion presented at a membership meeting before
allowing debate on the motion. Before putting a motion to a vote, the Chairperson will
ask: “Is the Local ready for the motion?” If no member rises to speak, the motion will
be voted upon.
5. A motion must be moved and seconded. The mover and seconder must rise and be
recognized by the Chairperson.
6. A motion to amend a motion, or a motion to amend an amendment are allowed,
however a motion to amend an amendment to an amendment is not allowed.
7. An amendment to a motion or an amendment to an amendment to a motion that is a
direct negative to the main motion is never permitted.
8. On motion, the regular order of business at a membership meeting may be
suspended where two-thirds of those present vote to do so. The regular order of
business should only be suspended to deal with urgent business.
9. Motions other than those named in Rule 19, or motions to accept or adopt the report
of a Committee, will, if requested by the Chairperson, must be put in writing prior to
beginning debate and vote.
10. At the request of a member, and upon a majority vote, a motion which contains more
than one action or issue can be divided.
11. The mover of a motion can withdraw the motion upon the consent of the seconder
prior to the end of debate. Once debate has ended on a motion, the motion can only
be withdrawn upon unanimous vote of the members present.
12. A member who wishes to speak on a motion, or a member who wishes to move a
motion, shall rise and respectfully address the Chairperson. The member shall not
proceed until the member is recognized by the Chairperson except where the
member rises to a point of order or on a question of privilege.
13. The Chairperson will keep a speakers list and in all cases will determine the order of
speakers including those circumstances where two or more members rise to speak at
the same time.
14. A member, while speaking, will speak only to the issue under debate. Members shall
not personally attack other members. Members will refrain from using language that
is offensive or in poor taste. Members will generally not speak in a manner that
reflects poorly on Local 498 or its members.
15. A member that is called to order will stop speaking until the point of order is
determined. If it is decided that the member is in order, then the member may
continue speaking.
16. Religious discussion of any kind is not permitted.
17. The Chairperson will not take part in any debate. Where the Chairperson wishes to
speak on a resolution or motion, or where the Chairperson wishes to move a motion,
the Chairperson must rise from the chair and hand the chair over as outlined in Rule
#1.
18. The Chairperson will have the same right to vote as other members. In the case of a
tie vote, the Chairperson may cast another vote or the Chairperson may refrain from
casting an additional vote, in which case the motion is defeated.
19. When a motion is before the members, no other motion is in order except a motion to:
1. Adjourn;
2. put the previous question;
3. lay on the table;
4. postpone for a definite time;
5. refer; or,
6. divide or amend.
These six motions shall have precedence in the order indicated. Motions 1 through 3
shall be decided without debate.
20. The Chairperson will ask “Will the main question be now put?” where a motion for the
previous question is moved and seconded. If approved, the Chairperson will then
take votes on the motion and amendments to the motion (if any) in order of priority. If
an amendment or an amendment to an amendment is approved, then members will
be asked to vote on the motion as amended.
21. A motion to adjourn is in order except when a member is speaking or when members
are voting.
22. A motion to adjourn, if lost, is not in order if there is further business before Local 498,
until fifteen minutes have elapsed.
23. After the Chairperson declares the vote results on a question, and before Local 498
proceeds to another order of business, any member can ask for a division. A
standing vote on the division will be taken and the Recording Secretary will count the
standing vote.
24. If a member wishes to appeal a decision of the Chairperson, the member must
appeal at the time the decision is made. If the appeal is seconded, the member will
be asked to state briefly the basis for the appeal. The Chairperson will then state
briefly the reasons for the decision. Following immediately and without debate, the
Chairperson will ask, “Will the decision of the Chairperson be upheld?” A majority
vote shall decide. In the event of a tie vote, the decision of the Chairperson is upheld.
25. At a membership meeting where a question has been decided any two members who
voted with the majority can give notice of a motion to reconsider a decision of the
membership at the next membership meeting. The motion to reconsider requires the
support of a two-thirds majority of members who vote. If two-thirds majority of
members support reconsideration, the question will be placed in front of the
membership for debate and a subsequent vote.
26. Members are allowed to leave a meeting with the permission of the President or Vice
Presidents; however, in no case will a member leave during the reading of minutes,
the initiation of new members, the installation of Officers, or the taking of a vote.
27. Local 498’s business and the proceedings of meetings are not to be divulged to any
persons outside Local 498, or CUPE.