Note: Any Amendments to these Bylaws may result in an Amendment to the MPAC Negotiations Procedures. Click here to view the bylaws in pdf format.
Article 1: Name
1.1 This Sector shall be known as the Property Assessment Sector of the Ontario Public Service Employees Union.
1.2 The authority for the formation and activities of the Sector is set out in Article 21 of the Constitution of the Union.
Article 2: Interpretation and Abbreviations
2.1 “Union” refers to the Ontario Public Service Employees Union and not any subsidiary body.
2.2 “Sector” refers to the Property Assessment Sector of the Union.
2.3 “Constitution” refers to the Constitution of the Union.
2.4 “Convention” means a convention of the Union.
2.5 “Executive Board” refers to the Executive Board of the Union.
2.6 “Member” refers to an individual who is a member in good standing of the Union and who belongs to a Member Local or Member Unit.
2.7 “Member Local” refers to a single-bargaining unit Local, composed of members of the Union who are MPAC employees.
2.8 “Member Unit” refers to a bargaining unit of a multi-unit or composite Local, composed of members of the Union who are MPAC employees.
2.9 “Sector Meeting” refers to a regular meeting of the Sector through its Delegates.
Article 3: Aims and Purposes
3.1 The aims and purposes of the Sector shall be:
(i) to improve working conditions for and the general advancement of Municipal Property Assessment Corporation employees;
(ii) to analyze and develop policy concerning MPAC;
(iii) to engage in lawful activities which will advance the members respective professions and secure, in the interests of the public, the highest possible quality of property assessment;
(iv) to advance the aims, purposes and goals of the Sector within the Union; to promote and support aims, purposes and goals of the Union, as a Sector and with other Union groups.
(v) specific areas of responsibility, in conjunction with the Union Management Committee or the Bargaining Team including: member education, Employee Assistance Program, communications, charitable causes, third party associations which involve MPAC members.
Article 4: Jurisdiction and Membership
4.1 The Sector’s Membership consists of Member Locals and Member Units, which are composed of members of the Union who are employed in MPAC.
4.2 Member Locals and Member Units are entitled to Delegates to Sector Meetings in accordance with Article 4.3 of these bylaws. The Member Local President or Member Unit Steward will be the automatic first Delegate from her/his Member Local or Member Unit. If they cannot attend, the appropriate group shall conduct an election for Delegate(s) and Alternate(s).
4.3 MPAC Units will be entitled to:
|1 to 50 MPAC BU members||1 Delegate|
|51 to 98 MPAC BU members||2 Delegates|
|99 & over MPAC BU members||Delegates|
4.4 Sector Executive Members and members of the MPAC Negotiating Team or Union Management Committee shall be automatic Delegates to Sector Meetings over and above their Member Local/Member Unit entitlement. Executive Board Members who belong to the sector will be entitled to attend with voice but without vote in their own right.
Article 5: Headquarters
The headquarters of the Sector shall be the same as set out in Article 3.1 of the Constitution.
Article 6: Sector Executive
6.1 A goal of this Sector is to have elected leadership that is accessible to and representative of the Sector’s diverse membership.
6.2 The Sector Executive is comprised of seven (7) members: two (2) elected at large at the Sector meeting, plus five (5) elected from the MPAC Bargaining Team. The Executive Officers are Chairperson, Vice-Chairperson, Secretary and Treasurer. These positions are elected by, and from, the Sector Executive.
6.3 Two members of the Sector Executive shall be elected by and from the delegates at a Sector Meeting for a period of two (2) years.
6.4 Two Alternates shall be elected to fill any vacancy created by the two people elected in 6.3.
6.5 The duties of the Executive Officers shall be as follows:
(i) the Chairperson shall preside as Chairperson at all Sector Meetings, Special Meetings, and meetings of the Sector Executive. The Chairperson shall be an ex-officio member of all committees of the Sector Executive, shall act as the official spokesperson for the Sector and shall perform such other duties as shall be deemed necessary from time to time;
(ii) the Vice-Chairperson shall assist the Chairperson in carrying out official duties. In the temporary absence or incapacity of the Chairperson, the Vice- Chairperson shall assume the duties and powers of the office of the Chairperson. In addition, the Vice-Chairperson shall perform such other duties as may be deemed necessary from time to time;
(iii) the Secretary shall be responsible for the correspondence of the Sector, and shall verify that all necessary minutes have been taken and distributed, and shall perform such other duties as may be deemed necessary from time to time;
(iv) the Treasurer shall be responsible for all the financial transactions of the Sector. The Treasurer shall be responsible for the preparation and presentation of such financial statements as may be called for from time to time by the membership of the Sector.
6.6 Meetings of the Sector Executive shall be conducted in the following manner:
6.6. (i) The Sector
Executive shall meet regularly, normally at least four times a year.
(ii) Regular meetings of the Sector Executive shall be called by the Chairperson on at least two (2) weeks’ notice, which notice shall set out the date, time, place and agenda of the meetings;
(iii) Emergency meetings may be called by the Chairperson with a minimum of 72 hours’ notice and may be conducted by telephone conference call; Note: it is understood that the Sector is funded for four (4) meetings annually, additional meetings (Emergency or otherwise) will be funded via the Sector dues fund.
(iv) A quorum for meetings of the Sector Executive shall be fifty per cent (50%) of the total number of members of the Sector Executive;
(v) Any member on the Sector Executive who is absent from three consecutive Sector Executive meetings without reasonable explanation to the Chairperson of the Executive shall be deemed to have resigned the position.
Article 7: Union Management Committee and Bargaining Team
7.1 The Bargaining Team shall be elected and governed in accordance with the MPAC Negotiations procedures.
7.2 The UMC will commence operation after the collective agreement is signed. The Bargaining Team will become the UMC. The members elected as Bargaining Team Alternates at the Final Demand Setting Meeting are also to be considered subsequent Alternates to the UMC after a collective agreement is ratified.
7.3 The UMC will elect a Chair, Vice-Chair, Secretary and Health and Safety Officer from among themselves.
7.4 The UMC is responsible for dealing with working conditions, health and safety and benefit matters arising from the Collective Agreement. The UMC will co• ordinate preparation for collective bargaining and the final demand setting meeting.
7.5 Following each and every UMC meeting, an informational summary will be circulated to each and every Local President and Unit Contact no later than thirty
(30) days after said meeting(s).
Article 8: Elections
Nominations may be submitted in writing by the date established by the Sector Executive or be accepted from the
floor of the Sector Meeting. Any absent person so nominated must agree in
writing to accept such nomination before being presented for election.
Article 9: Sector Meetings
9.1 Sector Meetings will be called from time to time by the Executive Board in compliance with the Policy of the Union.
9.2 A quorum for Sector Meetings shall be fifty per cent (50%) of the Delegates registered at the meeting and entitled to vote.
9.3 The Sector shall follow the rules of order as set out in the Constitution. In matters not covered by the Constitution, Robert’s Rules of Order shall apply.
9.4 No less than sixty (60) days in advance of the Sector Meeting, the Sector Executive shall issue appropriate notice of date, time and place to all Member Locals and Member Units. Such notice shall be clearly marked as “Sector Meeting” and shall set forth the date by which any advance nomination or notice of motion must be received.
9.5 No less than twenty (20) days in advance of a Sector Meeting, the Member Locals and Member Units must advise the Union in writing of their Delegates to the Sector Meeting, on the forms provided for that purpose.
9.6 Special Meetings of the Sector may be called at any time by the Sector Executive or upon the written request of ten per cent (10%) of the membership. Notice of such meetings shall be given within two (2) weeks of any such written request and shall contain full particulars of any issues or motions to be brought to the Special Meeting. The meetings shall be held within three (3) weeks of such notice.
9.7 Each Member Local and Member Unit may send Alternates and Observers to any Sector and Special Meetings at its expense, but only those Delegates chosen pursuant to Articles 4.2 and 4.3 shall be entitled to move or second Resolutions or vote at any such meeting.
9.8 Unless otherwise specified, any decision taken at a meeting shall take effect forthwith at the conclusion of the meeting.
Article 10: Sector Dues and Miscellaneous
10.1 Sector 16 shall be funded by all Locals at a fee of one dollar ($1.00) per year/per MPAC member. These funds shall be paid to the Sector Treasurer prior to January 31st of each and every year, based on December 31st membership numbers, to be allocated at the discretion of the Sector Executive.
10.2 Member Locals, Member Units and the Sector Executive may put forward proposed Amendments to these bylaws in writing at least thirty (30) days prior to the next Sector or Special Meeting. Notice of such proposed Amendments shall be given to the Sector Executive which shall circulate them to other Member Locals and Member Units. The written form of the Resolution shall be set out and dealt with as follows:
(i) a written Notice of Motion to the Sector or Special Meeting setting forth the proposed change(s) supported by a Resolution of the body that is proposing it.
(ii) the Notice of Motion shall be included in the official Notice of the Sector Meeting as a part of the agenda;
(iii) the Notice of Motion and proposed change(s) shall be read to the Sector or Special Meeting and the proposer shall be given the opportunity to speak to the Motion. The motion may be considered by the Delegates only after it has been seconded by one other Delegate, failing which it shall be neither discussed nor voted upon;
(iv) delegates shall be permitted to amend a proposed Amendment that is under discussion, provided the intent of the original motion is not changed.
10.3 These bylaws may be amended only by a 2/3 majority of the Delegates present and voting at a Sector Meeting.
10.4 These bylaws and all Amendments shall be subject to the approval of the President of the Union before coming into force.
10.5 In all matters not specifically dealt with above, or where conflict arises, these bylaws shall be subject to the provisions of the Constitution and/or policies.
Article 11: Resolutions, Constitutional Amendments and Motions
11.1 The Sector may forward Resolutions and Constitutional Amendments to the Union Convention.
11.2 The Sector, through its Sector Executive or Sector Meetings may pass motions for presentation to the Union Executive Board.
Article 12: Pay Equity Maintenance Committee
12.1 The Pay Equity Maintenance Committee is to consist of five (5) members and two (2) Alternates:
12.2 Five (5)
members elected at the BPS Conference, held every other year, for a term of two years;
12.3 Two (2) Alternates elected at the BPS Conference, held every other year, for a term of two years;
12.4 One (1) of the five (5) members shall be elected to serve as the Chair by the Pay Equity Maintenance Committee;
12.5 In order to promote continuity members and Alternates are allowed and encouraged to run term(s) upon expiration of their current term.
Note: Any Amendments to these Bylaws may result in an Amendment to the MPAC Negotiations Procedu