Constitution

39.01

The President of the Union shall:

1. Preside at general meetings of the Board;
2. Act as spokesperson of the Union;
3. Be the chief executive responsible for implementing the policy of the Union;
4. Be the general coordinator of the Union;
5. Chair the Members’ Appeals and Review Committee, as required;
6. Be an ex-officio member of each standing committee named in this Constitution or other committees established by the HSAA Board, with the exception of the Elections/Credentials and Discipline Committees;
7. Ensure that the Board conducts itself in accordance with its own policies; and
8. Address disciplinary matters as per Constitution;

The President may delegate some of their duties.

39.02

The Vice-President of the Union shall:

1. Assume the duties of the President in their absence;
2. Act as custodian of the funds and books of the Union;
3. Oversee the expenditures in accordance with the votes of a general meeting, or of the Board;
4. Ensure that all funds of the Union are deposited in the name of the Union, in a financial institution approved by the Board;
5. Ensure that all payments by cheque are signed by two signing officers designated in Article: Signing Officers;
6. Ensure that a financial report is prepared annually, or as often as may be required by the Board;
7. Ensure that the books of the Union are audited annually;
8. Present the financial statements and approved budget at the convention of the Union;
9. Make such reports, relating to the office as shall be required by a general meeting or the Board;
10. Oversee committee(s) relating to the finances of the Union;
11. Ensure that an accurate and true record of the membership is kept;
12. Ensure that a full and accurate record of the proceedings of general meetings of the Union and the Board is kept;
13. Address disciplinary matters as per Constitution;
14. Chair a hiring committee for the Executive Director position;
15. Act as Chair of the Finance Committee;
16. Chair the bargaining committee for in-scope employees;
17. Chair the Members’ Appeals and Review Committee, as required;
18. Be an ex-officio member of each standing committee named in this constitution, or other committees established by the HSAA Board with the exception of the Elections/Credentials and Discipline Committees; and

The Vice-President may delegate some of their duties.

44.01

The Board shall establish the following standing committees:

1. Finance Committee;
2. Elections/Credentials Committee;
3. Constitution, Bylaws, Resolutions and Policy Committee;
4. Members’ Benefits Committee;
5. Workplace Health, Safety and Wellness Committee;
6. Members’ Appeals and Review Committee; and
7. Discipline Committee

45.01

The Board shall establish such other committees as the Board, in its absolute discretion, shall deem necessary.

46.01

The parliamentary authority for all meetings of the Union shall be the current edition of Robert’s Rules of Order.  A simplified form of these rules may be adopted by a majority vote of the members present.  Where such simplified rules do not sufficiently deal with an issue, the main text shall apply.

47.01

Members of the Board shall have twenty-one (21) days’ notice of regular meetings of the Board. Such notice may be verbal or written.

47.02

Special meetings of the board may be called by the President or any three (3) members of the Board. Members of the Board shall be given seven (7) days’ notice (verbal or written).  In urgent situations, this notice requirement may be waived by two-thirds (2/3) of the members of the Board.

47.03

Quorum of the Board shall be fifty percent plus one (50% +1) of the Board, including the President and Vice-President.

47.04

All votes shall be by a show of hands, unless a secret ballot is demanded by any District Board Member:

1. The results of the votes shall be recorded in the minutes
2. In case of a tie vote, the resolution is defeated.

48.01

In-Person Meetings

HSAA believes that meeting in person is our preference when conducting business. When this is impossible due to circumstances set forth in the Article: Postponement of Annual Convention or Called Special Meeting, meetings may be conducted via online technology provided every reasonable attempt is made to address delegates’ privileges.

48.02

Convention

The Union shall hold an annual Convention.

The convention is the highest decision-making authority for the union. At such meetings, members have the opportunity to make, ratify or reverse any decisions to the extent that such action would not violate the Constitution or any collective agreement in force between HSAA and any employer. The convention shall mandate the activities of the board of directors between conventions.  The membership shall be represented at these meetings by delegates.

48.03

Notice

1. All members shall be given notice of the date and place of the convention no later than January 1.
2. The accidental omission to give notice of any meeting or the non-receipt thereof by any member(s) or Local Unit shall not invalidate any resolution or constitutional amendment passed or proceedings taken at the convention.
3. HSAA shall provide notice to the last-known address or email address of each member and shall be posted to the public-facing portion of the website.  Such notice shall be deemed sufficient for the purpose of conducting union business.

48.04

Resolutions

1. A group of members or a Local Unit may bring matters before a Convention for consideration by means of resolutions submitted to the Constitution, Bylaws, Resolutions & Policy Committee.  These resolutions may include proposed constitutional changes, policy matters or position statements.
2. The Board of Directors may submit its own resolutions to Convention.
3. All resolutions for submission to Convention must be received at the Union head office at least forty-five (45) days prior to Convention or they shall not be considered.
4. All policy resolutions shall not exceed 150 words.
5. Copies of resolutions shall be provided to all members at least thirty (30) days prior to Convention.
6. Emergency resolutions may be submitted in writing to the table at convention at the close of the first day.  An emergency resolution must deal with a subject matter that has arisen during the forty-five (45) days immediately preceding the opening of the convention.  The Constitution, Bylaws, Resolution & Policy Committee shall determine whether it is an emergent resolution or not and proceed accordingly.

48.05

Delegate Status at Convention

1. Credentials shall be granted to active Local Units as defined in Article – Local Units, based on one (1) delegate per fifty (50) members, or portion thereof.
2. Local Units shall determine the process for distributing credentials to its members.
3. Members who are not selected to receive credentials from their Local Unit but wish to attend may enter their names on a waiting list within their district.
4. Should a Local Unit not use all of their allotted credentials, the unused credentials shall be offered by random draw to those on the waiting list from within their district.
5. Current members of the HSAA Board of Directors shall automatically be granted delegate status separate from Local Unit or District distributions.
6. Board members-elect and members of HSAA Board Committees reporting to Convention are entitled to attend and participate with voice but no vote in the Convention, unless they have been granted delegate status through Local Unit or District distribution.

48.06

Quorum

Quorum at Convention shall be fifty per cent plus one (50% + 1) of the registered delegates.

48.07

Voting

1. Only delegates in attendance at convention are entitled to vote and they are entitled to cast one (1) vote on each issue.
2. A simple majority vote of the delegates present and voting shall be sufficient to pass any resolution presented to convention except those which change the Constitution for which a two-third (2/3) majority is required.
3. In case of a tie vote, the resolution is defeated.

48.08

Special Meetings

A special meeting shall be at the call of the Board of Directors with a two-thirds (2/3) majority vote or more than 25% of the membership in writing provided that the nature of the business is stated in the request. Electronic signatures shall be deemed acceptable. For the purposes of this provision, the size of the membership is determined by the number of active members on the last day of the preceding month of the petition.

A special meeting may be called by the Board of Directors or a group of members to deal with a matter of business that cannot be delayed until the ensuing convention. Such a meeting shall deal only with the subject matter contained in the written request of the membership or the Board of Directors.

Upon the receipt of a written request of the membership with the required number of signatures, the Board of Directors shall call a special meeting within 21 days.

48.09

Notice

1. Members listed as delegates at the previous convention shall be given fourteen (14) days’ notice of the special meeting and shall be invited to attend provided that the nature of the business is stated. This may be done electronically.
2. The notice shall state the date, hour and place of the meeting, and the nature of the business to be transacted.
3. The accidental omission to give notice of any meeting or the non-receipt thereof by any member(s) or Local Unit shall not invalidate any resolution or constitutional amendment passed or proceedings taken at the special meeting.
4. HSAA shall provide notice to the last-known address or email address of each member and shall be posted to the public-facing portion of the website. Such notice shall be deemed sufficient for the purpose of conducting union business.

48.10

Quorum

Quorum at any special meeting shall be fifty per cent plus one (50% + 1) of the registered delegates or 100 delegates, whichever is greater.

48.11

Voting

1. Only delegates in attendance at the special meeting are entitled to vote and they are entitled to cast one (1) vote on the issue.
2. A simple majority vote of the delegates present, and voting, shall be sufficient to pass any resolution presented at the special meeting except those which change the Constitution for which a two-third (2/3) majority is required.
3. In case of a tie vote, the resolution is defeated.
4. The removal from office of an Executive Officer of Board Member requires two thirds (2/3) majority vote.

48.12

Postponement of Annual Convention or Called Special Meeting

Once the call for the annual convention or special meeting has been made, every reasonable effort must be made to adhere to the date, time and place of the meeting stated. The board, by a two-thirds majority vote, may postpone a meeting only due to public order by an official government body or an emergent situation. In such a case, the postponed meeting must be held within six months of the originally scheduled meeting. The postponed meeting may be held via online technology.

49.01

1. Labour conferences are an annual educational opportunity for members to learn about labour and workplace issues, collective bargaining proposals and/or other relevant matters to the membership.
2. The Labour Relations Conference may be held on a regional basis as deemed appropriate by the Board.

52.01

(a) Any member(s) who has (have) reasonable grounds to believe that another member, or a member of a Local Unit Executive, or a member of the Board of Directors, has been guilty of a breach of the Code of Ethics or a breach of any of the Constitution of the Union may make a complaint thereof in writing to the Executive Officers of the Union.

(b) A complaint under (a) above must be made within twenty-one (21) days of the date on which the complainant first knew, or in the circumstances ought to have known of the circumstances which are the basis of the complaint. No complaint shall be accepted beyond this twenty-one (21) day period.

(c) In the case of a complaint against a member of the Board of Directors, the Executive Assistant shall forward the complaint immediately to the President and/or Secretary Treasurer of the National Union of Public and General Employees (NUPGE) who shall determine whether the complaint was filed on time, in accordance with (b) above.

(d) In the case of all other complaints, the Executive Officer shall determine whether the complaint was filed on time, in accordance with (b) above.

(e) The decision of the NUPGE President / Secretary Treasurer or Executive Officer under (c) or (d) above, as the case may be, is final and will be served on the parties to the complaint. A party wishing to challenge this decision shall submit an appeal to the Members’ Appeal Review Committee (MARC) within fifteen (15) days of receipt of the decision. The MARC shall determine the appeal by documentary review only.

52.02

Within fifteen (15) days of receipt of the complaint, the Executive Officers shall assign an independent investigator, to be selected from a roster of qualified, third-party investigators that are recommended by the Constitution, Bylaws, Resolutions and Policy Committee, and pre-approved by the Board of Directors, who shall be supplied with:

(a) A copy of the complaint;
(b) A copy of the relevant sections of the Constitution;
(c) Contact information for the complainant(s) and respondent(s) and known witnesses; and
(d) Any other relevant information or documentary evidence.

52.03

Within fifteen (15) days of receipt of the complaint, the Executive Officers shall provide the respondent(s) with a copy of the complaint and the name and contact information of the investigator.

52.04

The investigator shall inquire into the complaint by contacting the complainant(s), respondent(s), and witnesses to determine if there is sufficient evidence to support the referral to the Discipline Committee.

52.05

The investigator may, at their discretion, determine the scope of the investigation and may, where there are multiple complainants, respondents, or witnesses, determine that it is not necessary to interview each complainant, respondent, or witness.

52.06

The investigation shall be confidential. Information received by the investigator shall be held in strict confidence except as necessary to conduct the investigation and to report to the Executive Officers in accordance with Article 52.07. The investigator shall make every effort to conduct interviews outside the member’s workplace and hours of work.

52.07

The investigator shall report to the Executive Officers in writing, within forty-five (45) days of the appointment, summarizing their findings and providing any documentary evidence gathered during the investigation and shall recommend that:

(a) The complaint be dismissed; or
(b) An alternative dispute resolution mechanism be utilized.
(c) A disciplinary hearing should be conducted.

52.08

If the investigator’s report recommends dismissal of the complaint the Executive Officers shall l inform the complainant and respondent within fifteen (15) days of its receipt. A party wishing to challenge this decision shall submit an appeal to the Members’ Appeal Review Committee (MARC) within fifteen (15) days of receipt of the decision. The MARC shall determine the appeal by documentary review only.

52.09

If the investigator’s report recommends an alternative dispute resolution (ADR) the Executive Officers shall inform the complainant and respondent within fifteen (15) days of its receipt. The Executive Officers shall implement an ADR without delay. Where a party declines to participate in ADR, or the ADR does not result in a resolution between the parties, the complaint shall proceed to a hearing.

52.10

If the investigator’s report recommends disciplinary hearing, the Executive Officers shall select five (5) members from the Discipline Committee within fifteen (15) days of its receipt.

52.11

An Executive Officer shall give notice in writing to the respondent(s) and to the complainant(s) specifying the date and place of the hearing, with particulars of the charge.

52.12

Notice shall be given to the respondent(s) and the complainant(s) not less than thirty (30) days prior to the hearing. Such notice shall be affected by regular mail and e-mail, sent to the last address mailing and e-mail addresses listed with the Union.

52.13

Should the respondent(s) or complainant(s) fail to attend the hearing:

(a) In the case of the respondent(s), the hearing may proceed in their absence, upon proof of service of the notice in accordance with 52.12 upon them.

(b) In the case of the complainant(s), the complaint may be dismissed, upon proof of service of the notice in accordance with 52.12 upon them.

(c) In exceptional circumstances satisfactory to the Discipline Committee, an adjournment may be granted.

52.14

The Discipline Committee shall hear and determine the disposition of the complaint.

52.15

The Discipline Committee shall determine its own procedures and,

(a) May accept oral or written evidence that it considers proper, whether admissible in a court of law or not;

(b) Is not bound by the law of evidence applicable to judicial proceedings;

(c) Shall follow the rules of natural justice in the conduct of its hearing;

(d) Shall allow witnesses to be called and cross-examined;

(e) Shall deliberate upon its decision in private, considering only the evidence and submissions raised during the hearing, to reach its decision; and

(f) May retain legal counsel to advise it regarding its procedures and practices before and during the hearing.

52.16

The Executive Director, or designate, shall represent the interests of the Union in the disciplinary hearing. They shall present the evidence of the complaint at the hearing on behalf of the Union and shall make submissions at the hearing.

They shall be guided by the principle of making every effort to ensure that the whole truth, whether in support or against the complaint, is presented to the Discipline Committee. At the discretion of the Executive Director, or their delegate, legal counsel may be hired to assist.

52.17

The Executive Director shall make every effort to provide pre-hearing disclosure of the case that shall be presented on behalf of the Union to the respondent(s) and complainant(s) prior to the hearing.

52.18

The respondent(s) charged shall have the right, subject to the provisions of the
Labour Relations Code and applicable privacy legislation:

(a) To be informed of the charges and provided a full and complete copy of the complaint and any amendments or additions thereto;

(b) To know the identity of the complainant(s);

(c) To be provided with a copy of the investigator’s report;

(d) To be provided with any additional documentary evidence gathered by the investigator;

(e) To call and cross-examine witnesses;

(f) To be heard; and

(g) To be represented by legal counsel.

52.19

The Discipline Committee shall, within fifteen (15) days render a decision, in writing, explaining the rationale for its decision and for any penalty assessed, that may include:

• A written reprimand
• Prohibition on holding elected positions in the Union
• Prohibition on attending Union events including Convention
• Removal from office*
• Removal from an appointed position of the Union
• A fine up to $25,000
• Suspension or expulsion from Union membership
• Any other discipline that is deemed appropriate.

*subject to provisions of Articles – Removal from Office and Removal of Local Unit Executive Member

A copy of the decision shall be submitted to:

(a) The Executive Officers;

(b) The respondent(s);

(c) The complainant(s); and

(d) The Executive Director, designate or legal counsel.

The decision shall be sent to the respondent(s) and the complainant(s) by registered mail, email or courier, requiring a signature, or electronic acknowledgement, upon receipt.

52.20

Should either party wish to appeal the decision of the Discipline Committee, they shall inform the Executive Officers in writing within fifteen (15) days of receiving the decision. Any appeal must be related to:

(a) the findings of the Discipline Committee; or
(b) the severity of the sanction.

52.21

The Members’ Appeals and Review Committee (MARC) shall hear any appeal within fifteen (15) days. This shall be completed by documentary review. The decision of the MARC is final.

52.22

The complainant(s) and the respondent(s) shall be notified of the decision and rationale of the MARC without delay by registered mail, email, or courier, requiring a signature or electronic acknowledge upon receipt.

52.23

Any member who has been expelled from the Union shall forfeit all rights and benefits of membership.

52.24

Any member who has been expelled from the Union may apply to the Board of Directors for reinstatement after five (5) years. This may be granted by a two- thirds (2/3) vote.

53.01

Upon the conclusion of a complaint under Article 52, HSAA may reimburse a party for reasonable and substantiated expenses and/or other costs (such as legal fees), or any portion thereof. A party seeking reimbursement must make their request for reimbursement in writing to the Executive Officers of the Union within fifteen (15) days of the conclusion of the complaint for consideration by the Board of Directors.

Within fifteen (15) days of receipt of a request the Executive Officers shall submit the expense and or cost to the Board of Directors for consideration and decision. The Board of Directors may direct reimbursement of any portion of reasonable and substantiated expenses and/or other costs where it determines, in its sole discretion, the circumstances warrant reimbursement. Reimbursement shall be directed in exceptional circumstances only.

53.02

Should expenses be incurred as a result of processing a complaint and the process is not completed due to the Complainant(s) not cooperating in the process, HSAA may bill the Complainant(s) to recoup those expenses.