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CULE Convention Resolutions – Constitution

Dear CULE Sisters and Brothers;

The constitution committee comprised of Brother Alex Stuit, Brother Don Dudar, Brother Tom Hamilton and myself. We met on November 24, 2005 in person excepting Brother Dudar who was unable to participate due to a family crisis. We met by conference call on Dec 12, 2005 and again on Dec 19, 2005.

Attached is our report.

In solidarity, Sister Anne Juneau, Chairperson, Constitution Committee

Resolution 1

Submitted by: Brother Don Dudar

WHEREAS the membership meeting that was held in Ottawa in April 2005 where over 70% of the CULE membership was in attendance, the President’s interpretation and application of the CULE Constitution was such that CULE members could only make “recommendations” at membership meetings;

AND WHEREAS the CULE Constitution “implies” that members are the highest authority at membership meetings and members can conduct formal business i.e. move and vote on motions, overturn disciplinary decisions and review executive decisions;

For Example:

SECTION 5 – EXECUTIVE

(H) Between membership meetings, all executive powers of the Union, consistent with this Constitution, shall be vested in the Executive.

(I) All actions by the Executive on behalf of the Union shall be subject to review at any membership meeting.

(J) The Executive shall have the authority to establish any committee necessary for the operation of the union and/or the good welfare of the members, subject to review at any membership meeting.

SECTION 12 – DISCIPLINE

(K) A member shall have the right to appeal the decision of the Discipline Appeal Board at the next membership meeting where at least one third (1/3) of the membership of CULE-UCES is in attendance.

(L) The members will vote to either uphold or revoke the decision of the Discipline Appeal Board. Notwithstanding the provision of Section 7, the decision of the members is final.

AND WHEREAS the CULE Constitution also states that the CULE Executive shall conduct a vote upon receiving in writing a request from one third of the membership;

For Example:

SECTION 8 – MEMBERSHIP VOTES

The Executive must organize a vote by mail on a particular subject if one third (1/3) of the members so demand. The request in writing for the vote must indicate the reasons why members who have signed the request think it necessary that a vote be held. This vote must be held by a committee, within one month once the Executive has received the request. This Committee shall be composed of one member of the Executive and two members-at-large appointed by the Executive.

THEREFORE BE IT RESOLVED that the CULE Constitution be amended as follows:

*New

Section 7 – Membership Meetings

ADD (F) – The Executive must organize a vote by mail on a particular subject if one third (1/3) of the CULE membership so demand by motion or resolution at a membership meeting. The motion or resolution must be submitted to the Chairperson in writing prior to or at the meeting. This vote must be held by a committee, within one month once the Executive has received the motion or resolution. This Committee shall be composed of one member of the Executive and two members-at-large appointed by the Executive.

Committee Recommendation: Concurrence

Rationale: The constitution does not currently have wording that ensures motions or resolutions arising out of a meeting of the members to be actioned by the executive.

Resolution 2 – Section 5 – Executive

Submitted by : Sister Debbie McLaughlin

WHEREAS CULE Executive are responsible for disseminating information to and from the membership, and

WHEREAS the existing CULE Constitution only mandates one executive meeting per year,

Purpose – Reason:

CULE executive members need to be able to meet regularly in order to bring information to the full executive from the membership and take decisions made back to the membership. To only be mandated to do so once per year means that many important issues may not be dealt with in a timely manner. Meeting more regularly also gives the executive more of a chance to hold discussions on matters while they are fresh and relevant.

THEREFORE BE IT RESOLVED that Section 5 – Executive, Subsection F be amended to read:

The Executive shall hold meetings at any time necessary at the call of the President or if requested by four members of the Executive. The Executive must meet at least six times annually, either in person or by conference call. All members of the executive must be notified of the time and place of an executive meeting at least one week before this meeting is held. Members may attend executive meetings with voice but no vote.

Delete Section 5 – Subsection G and renumber the section.

Committee Recommendation: Concurrence

Rationale: Increased ability for Executive to respond to issues in a timely manner

Resolution 3 – Section 7 – Membership Meetings

Submitted by: Sister Debbie McLaughlin

WHEREAS CULE members need to have full voice and vote in their union, and

WHEREAS CULE members need to take advantage of every opportunity to meet as a group, and

WHEREAS the existing CULE Constitution only allows membership to make recommendations;

THEREFORE BE IT RESOLVED that Section 7 – Membership Meetings, Subsection D be amended to read:

Members shall be given as much advance notice as possible of the membership meeting and be given the opportunity to either meet in person or be connected by conference call.

And,

THEREFORE BE IT FURTHER RESOLVED that Section 7 – Membership Meetings, Subsection E be amended to read:

Motions from the membership shall be heard and dealt with at such meetings wherever possible. Any motions that need further research or information shall be placed before the Executive at the next meeting of the Executive. Decisions made shall be relayed to the membership in a timely manner.

Purpose – Reason:

CULE members need to be able to meet at every opportunity. Given the geographical problems there are rare opportunities to do so and the executive should make every possible arrangement necessary to involve as many members as possible. When officers or administrative staff have meetings with the employer, a CULE meeting should be held. Other CULE members not in attendance could be offered the chance to attend by conference call to optimize opportunities for all CULE members to hold regular meetings.

Committee Recommendation: Non-concurrence

Rationale: The committee recognises that constitutional changes are necessary to address the need for members to be able to hold meetings and put forward motions and/or resolutions. It was agreed that concurrence on the resolution put forward by Brother Dudar dealt with both issues and would not create a situation where one group of members having a meeting and passing motions would have them overturned by another group of members holding a meeting and defeating any motions previously passed.

Resolution 4 – Solidarity Committee

Submitted by : Sister Heather Longstaff

WHEREAS, the CULE Convention Solidarity Committee has made connections with Solidarity Groups and Unions in Cuba as a result of this 1st CULE Convention;

AND WHEREAS our Union is only made stronger by continuing to make connections of this kind.

BE IT RESOLVED THAT we add a friendly amendment to the Constitution under Section 2 (v) to encourage its members to take an active role in local, national and international solidarity affairs, and

Committee Recommendation: Concurrence

Rationale: The current language has local community affairs and we agreed to add , national and International solidarity affairs and they wish to ensure that any change is an addition

BE IT FURTHER RESOLVED THAT a CULE Solidarity Committee be formed to continue making connections with other labour organizations nationally and internationally on an ongoing basis. – Referred to General Committee

Resolution 5

Submitted by: Brother Todd Woytiuk

BE IT RESOLVED that the CULE Constitution be amended to include a general membership convention, bi-annually or tri-annually depending on the available of budget funds to allow all members to attend.

Referred to General Resolutions Committee

Resolution 6 – Composite of Resolution 19 and Resolution 22 (below)

Submitted by : Sisters Gail Chafe and Maggie Armstrong (Rules of Order), Sister May Saunders (Recorded Votes)

Resolution 19 – Rules of Order

WHEREAS, CULE has adopted “Bourinot’s Rules of Order” as per Section 13 A of the CULE Constitution; and

WHEREAS, Members do not always know how executive members have voted on a particular issue.

THEREFORE, BE IT RESOLVED THAT all votes of the CULE Executive be recorded by officer and included in the minutes.

Resolution 22 – Recorded Votes

WHEREAS, CULE has adopted “Bourinot’s Rules of Order” as per Section 13A of the CULE Constitution, and

WHEREAS, we do not always know how executive members have noted on a particular issue.

BE IT RESOLVED THAT all votes of the CULE Executive be recorded by Officer and included in the minutes.

Committee Recommendation: Non-concurrence

Rationale: The committee agrees in principle and would support amending this to be “ all substantive votes be recorded and included in the minutes” as it was noted that “all votes” could be very time consuming.

The following original Resolutions submitted to the Constitution Committee were referred to Finance and therefore were not assigned Resolution numbers by the Constitution Committee: Resolutions 18, 20, and 21.

Referred to General Committee: Resolutions 23, 24, 25, 26, 27, 28, 29, 30 and 31

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