Constitution

Article 52 - Complaints Management Process

1.  
   1. 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.
   2. 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.
   3. 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.
   4. In the case of all other complaints, the Executive Officer shall determine whether the complaint was filed on time, in accordance with (b) above.
   5. 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.
2. 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:
   1. A copy of the complaint;
   2. A copy of the relevant sections of the Constitution;
   3. Contact information for the complainant(s) and respondent(s) and known witnesses; and
   4. Any other relevant information or documentary evidence.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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:
   1. The complaint be dismissed; or
   2. An alternative dispute resolution mechanism be utilized.
   3. A disciplinary hearing should be conducted.
8. 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.
9. 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.
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.
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.
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.
13. Should the respondent(s) or complainant(s) fail to attend the hearing:
    1. 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.
    2. 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.
    3. In exceptional circumstances satisfactory to the Discipline Committee, an adjournment may be granted.
14. The Discipline Committee shall hear and determine the disposition of the complaint.
15. The Discipline Committee shall determine its own procedures and,
    1. May accept oral or written evidence that it considers proper, whether admissible in a court of law or not;
    2. Is not bound by the law of evidence applicable to judicial proceedings;
    3. Shall follow the rules of natural justice in the conduct of its hearing;
    4. Shall allow witnesses to be called and cross-examined;
    5. Shall deliberate upon its decision in private, considering only the evidence and submissions raised during the hearing, to reach its decision; and
    6. May retain legal counsel to advise it regarding its procedures and practices before and during the hearing.

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.

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.
18. The respondent(s) charged shall have the right, subject to the provisions of the Labour Relations Code and applicable privacy legislation:
    1. To be informed of the charges and provided a full and complete copy of the complaint and any amendments or additions thereto;
    2. To know the identity of the complainant(s);
    3. To be provided with a copy of the investigator’s report;
    4. To be provided with any additional documentary evidence gathered by the investigator;
    5. To call and cross-examine witnesses;
    6. To be heard; and
    7. To be represented by legal counsel.

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:

    1. A written reprimand
    2. Prohibition on holding elected positions in the Union
    3. Prohibition on attending Union events including Convention
    4. Removal from office*
    5. Removal from an appointed position of the Union
    6. A fine up to $25,000
    7. Suspension or expulsion from Union membership
    8. 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:

    1. The Executive Officers;
    2. The respondent(s);
    3. The complainant(s); and
    4. 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.

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:
    1. the findings of the Discipline Committee; or
    2. the severity of the sanction.
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.
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 acknowledgment upon receipt.
23. Any member who has been expelled from the Union shall forfeit all rights and benefits of membership.
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.