Bylaws

**PLEASE NOTE:

As of January, 2020 the GDLC Bylaws are currently under review and will be revised and updated in the near future.

Article 1

This Labour Council shall be known as the “Guelph and District Labour Council, CLC”.
It shall consist of organizations affiliated to the Canadian Labour Congress which become affiliated to this Labour Council and which are situated in the area or municipalities of Acton, Guelph, Fergus, Elora, Rockwood, Aberfoyle and Morriston
The organizations shall conform to the By-Laws and the Rules and Regulations of this Council as set forth herewith. This Labour Council shall not be dissolved while there are five (5) organizations remaining in affiliation.

Article 2 – Purpose

To support the principles and policies of the Canadian Labour Congress.
To promote the interests of its affiliates and generally to advance the economic and social welfare of workers.
(a) To assist affiliated organizations in extending its benefits of mutual assistance and collective bargaining to workers.
(b) To assist in the organization of the unorganized into unions for their mutual aid, protection and advancement, giving recognition to the principles that both craft and industrial unions are appropriate, equal and necessary as methods of union organization.
To encourage all workers without regard to race, creed, sex, age, color, national origin, family status, mental or physical disabilities or sexual orientation to share in the full benefits of union organization.
To secure legislation which will safeguard and promote the principle of free collective bargaining, the rights of workers and the security and welfare of all people.
To protect and strengthen our democratic institutions, to secure full recognition and enjoyment of the rights and liberties to which we are justly entitled, and to preserve and perpetuate the cherished traditions of our democracy.
To promote the cause of peace and freedom in the world and to assist and co-operate with free and democratic labour movements throughout the world.
To aid and encourage the sale and use of Union made goods and union services through the use of the union label and other symbols; to promote the labour press and other means of furthering the education of the labour movement.
To safeguard the democratic character of the labour movement and to observe and respect the autonomy of each affiliated union.
While preserving the independence of the labour movement from political control, to encourage workers to vote, to exercise their full rights and responsibilities of citizenship, and to perform their rightful part in the political life of the municipal, provincial and federal governments

Article 3 – Membership

The Labour Council shall be composed of:
(a) Local unions, branches and lodges of national and international unions, regional and provincial organizations affiliated to the Canadian Labour Congress;
(b) Local unions in the area chartered by the Canadian Labour Congress.
Any organization affiliated with this Labour Council may be expelled from membership in the council by a majority roll call vote at a meeting. Such action may only be taken if notification of motion has been given at the previous regular meeting. Any decision to expel may be appealed to the Executive Committee of the Canadian Labour Congress within two (2) months. The decision shall be in force and effect during the appeal.
Any delegate representing a local union affiliated with this labour council may be suspended or expelled for conduct unbecoming a delegate, from membership in this council, by a majority roll call vote at a meeting. In such cases, the local union which the delegate represents will be notified and requested to replace the delegate. Any decision to expel may be appealed to the Executive Committee of the Canadian Labour Congress within two (2) months. The decision shall be in force and effect during the appeal.
CLC Officers, Directors and Representatives shall be accorded all rights and privileges of delegates except the right to vote when they attend meetings of this Council.
It shall be the duty of each affiliated organization to furnish the Secretary of the Council with the following:
1. All official reports which deal with matters within the purview of this council;
2. Such other reports as will facilitate and make more effective the work of this council;
3. A statement of their membership in good standing;
4. Affiliates are encouraged to file with the Secretary of the council, copies of their collective agreements.

Article 4 – Meetings

The regular meetings of this Labour Council shall be the governing body of the council. Its decisions shall be made by majority vote, except as provided in sect. 2 of this Article, Sect 4 of Article XI and Article XVIII
The regular meetings of the council shall be held on the second Thursday of each month, excluding July and August. Meetings shall commence at 7:30PM sharp and shall adjourn not later than 10:00PM, but may be extended for specific periods of time by a two thirds majority vote of the delegates present
a) Special meetings of the council may be called by direction of the Executive Board or on request of affiliated organizations representing a majority of the total membership of the council as evidenced by the records of the Treasurer.
b) In the event a majority as provided for in sub-section (a) requests a Special meeting, the executive Board shall call such meeting within five (5) calendar days, giving notice to all affiliates on record at the time, of the time and place for holding the special meeting, together with a statement of the business to be considered at such meeting
a) the membership is the highest authority of this labour council and shall be empowered to take or direct any action, not inconsistent with the constitution of the Canadian Labour Congress or the bylaws of this labour council
b) Between general membership meetings, the highest authority shall be the Executive Board of this labour council
c) Between meetings of the Executive Board, the administrative authority of this council shall be vested upon the President of this council, subject to the approval of the executive board.
Representation at meetings from affiliated local unions, branches, or lodges shall be a maximum of three (3) delegates from any one local, branch or lodge
The Secretary shall furnish each affiliate with credential blanks which must be attested as required on the blanks and deposited at a regular council meeting before new delegates may be seated in council
Any organization suspended or expelled by the Canadian Labour Congress or this council shall not, while under such penalty, be allowed representation in the council. Any organization which is in arrears to the council for per capita tax for four (4) months or more, may not be seated as a delegate nor allowed representation in this council
Any person suspended or expelled from any organization affiliated to this council shall not be seated as a delegate, nor allowed representation in this council
A quorum shall consist of eight (8) delegates representing five (5) organizations
The rules of order business governing meetings shall be:
1. The President, or in his/her absence, the 1st Vice-President, or in his/her absence, the 2nd Vice-President, shall take the chair at the time specified at all regular and special meetings. In the absence of the President. His/her designated representatives, a Chairperson shall be chosen by the Executive Board
2. No question of a sectarian character shall be discussed at meetings
3. When a delegate wishes to speak, he/she will be recognized by the Chairperson and shall give his/her name and the organization he/she represents, and shall confine his/her remarks to the question at issue and shall speak for a maximum of five minutes
4. A delegate shall not speak more than once upon a subject until all who wish to speak have had an opportunity to do so
5. A delegate shall not interrupt another except it be to call a point of order
6. If a delegate be called to order, he/she shall at the request of the Chair take his/her seat until the question of order has been decided
7. Should a delegate persist in unparliamentary conduct, the Chair shall be compelled to name him/her and submit his/her conduct to the judgment of the meeting. In such case, the delegate whose conduct is in questions should explain and then withdraw, and the meeting will determine what course to persue in the matter
8. When a question is put the Chair, after announcing the question shall ask, “Are you ready for the question?” If no delegate present wishes to speak then the question shall be put
9. Questions may be decided by a show of hands, or by a standing vote, but a roll call vote may be demanded by 30% of the delegates present. In a roll call vote, each delegate shall be entitled to one vote
10. Any delegate may appeal the decision of the Chair. The Chairperson shall then put the questions thus, “Shall the decision of the Chair be sustained?” The question shall not be debatable except of his/her decision
11. In the case of a tie vote, the Chairperson shall cast the deciding vote
12. When the previous question is moved, no discussion or amendment of either motion is permitted. If the majority vote that “the question be now put” the original motion has to be put without debate. If the motion to put the question is defeated, discussion will continue on the original motion
13. A motion may be reconsidered, provided the mover of the motion to reconsider voted with the majority, and notice of motion is supported by two-thirds of the delegates qualified to vote
14. In all matters not regulated by these rules of order, Bourinot’s Rules of Order shall govern
Any delegate, being absent from four (4) consecutive meetings of this Council, as per record kept by the Sergeant-At-Arms, without good and sufficient written or verbal excuse including but not limited to such things as working, illness, vacation, union business, family matters, shall forfeit his/her seat and immediate notice sent to his/her organization by the Secretary, requesting a new credential for the vacant seal. The Secretary shall also revise the official role call book and attendance file for accurate use by the Sergeant-At-Arms
All delegates to this council, before being seated, shall come forward and clearly repeat the following obligation: “I (NAME) SINCERELY PROMISE AND DECLARE THAT I WILL BE FAITHFUL TO THE DUTIES FALLING UPON ME AS A DELEGATE TO THIS COUNCIL. I WILL ATTEND ALL MEETINGS OF THIS COUNCIL IF POSSIBLE, AND WORK AT ALL TIME FOR, AND IN THE INTEREST OF, THIS COUNCIL AND THE CANADIAN LABOUR CONGRESS.”

Article 5 – Officers

The Officers of the council shall consist of a President, Vice-President (1st and 2nd), Secretary, Treasurer, Sergeant-AT-Arms, and six (6) Executive Board members
Each Officer shall be a member in good standing of an affiliated organization. No one shall be eligible for election unless he/she has attended 50% of the meetings of the council in the previous six (6) months, Except that new delegates will be eligible for election as Executive Board members
The term of office for the Officers and Executive Board shall be for two years, to be elected by the Council a the General meeting in the month of January each election year
Election of Officers shall be by secret ballot. A majority of votes cast shall be required before any candidate can be declared elected, and second and subsequent ballots shall be taken if necessary to obtain such a majority. On the second and subsequent ballots, the candidate receiving the lowest of votes in the previous ballot shall be dropped. In case of a final tie vote, the presiding officer may cast the deciding vote
The election of each officer shall be completed before nominations may be accepted for any subsequent office
The term of the Officers of the council shall commence upon completion of elections
In the event of a vacancy in the office of the President, a Vice-President shall perform the duties of the President, until a successor is elected. If a Vice-President is unable to act in this matter, the Secretary shall perform the duty. In the event of a vacancy in the office of either the Vice-President or Secretary, the President shall perform the duties of the vacant office until a successor is elected
In the event of a vacancy in any office of the council, the vacancy shall be filled at the next regular meeting. Should any Officer or Executive Board member fail to answer roll call for three (3) consecutive meetings (regular, special or executive) without furnishing a good reason for his/her absence, his/her office shall be declared vacant and such vacancy shall be filled in accordance with these by-laws. Any delegate serving in an executive position, and having been removed because of non-attendance, shall not be eligible for re-election in the same year
The Executive Officers shall hold title to any real estate of the council, as trustees for the council. They shall have no right to sell, convey, or encumber any real estate without first submitting the proposition to a meeting and such proposition is approved
Obligation for Officers
After being elected, each Officer, before assuming his/her duties, shall be required to take the following obligation:
IN ACCEPTING OFFICE, I MAKE OATH AND SAY THAT I WILL FAITHFULLY SUPPORT THE BY-LAWS, PRINCIPLES AND POLOCIES OF THE GUELPH AND DISTRICT LABOUR COUNCIL AND THE CANADIAN LABOUR CONGRESS. I FURTHER PROMISE THAT I WILL BE FAITHFUL TO THE DUTIES FALLING UPON ME AS AN OFFICER OF THE COUNCIL, THAT I WILL ATTEND, TO THE BEST OF MY ABILITY, ALL MEETINGS OF THIS COUNCIL, AND AT THE END OF MY TERM OF OFFICE, WILL DELIVER UP TO THE COUNCIL, OR MY SUCCESSOR, ALL BOOKS, PAPERS, FUNDS OR ANY PROPERTY IN MY POSSESSION THAT BELONGS TO THE COUNCIL
Signing Authority
The President and the Treasurer and one other member of the Executive shall be the signing authorities for this council. Two signatures are required for all cheques issued and one signature is required for “Authorization for Reimbursement”

Article 6 – Duties of the President

The President shall be the Chief Executive Officer of the Council. He/She shall exercise supervision over the affairs of the council, sign all official documents, and preside at all regular and special meetings and at meetings of the Executive Board
Subject to appeal to the Canadian Labour Congress, the President shall have authority to interpret these by-laws, and his/her interpretation shall be conclusive and in full force and effect, unless reversed or changed by the Executive Board or a meeting of the Canadian Labour Congress
The President shall be an ex-officio member of all standing and all special committees
The President or his/her designate shall attend all OFL Executive Council meetings
The President shall receive $40.00 a month for out of pocket expenses

Article 7 – Duties of the Vice-President(s)

The 1st Vice-President shall aid the President in his/her duties as Chief Executive Officer of the council and act on his/her behalf when requested to do so
The 2nd Vice-President shall aid the President and the 1st Vice-President in their duties and act on their behalf when requested to do so.

Article 8 – Duties of the Secretary

The Secretary shall keep a correct and impartial account of all the proceedings of each meeting of the council. He/she shall conduct all correspondence on behalf of the council, acknowledge all communications promptly and write letters as directed by council meetings. He/She shall inform the Canadian Labour Congress of Officers of the council and the time and place of meetings. He/she shall also forward copies of all proceedings to the Canadian Labour Congress Representative
The Secretary is empower4ed to require affiliated organizations to provide statistical data in their possession relating to the membership of their organization
The Secretary shall receive $30.00 a month for out of pocket expenses

Article 9 – Duties of the Treasurer

The Treasurer shall be the Chief Financial Officer of the Council
The Treasurer shall be in charge of the books, documents, files and effects of the council, which shall at times, be subject to the inspection of the President and Executive Board. He/she shall maintain a list of all affiliates of the council and the reported number of members of each one
The Treasurer shall prepare a financial statement for the council for a monthly report to council
The Treasurer shall have the books of the council audited annually by the trustees of the council. A copy of the audit shall be forwarded to the Canadian Labour Congress Representative
The Treasurer shall, subject to the approval of the Executive Board, invest surplus funds of the council in securities or deposit them in a bank, or banks, or credit union
The Treasurer is empowered to require affiliated organizations to provide statistical data, in their possession, relating to the membership of their organization.
The Treasurer shall receive $30.00 a month for out of pocket expenses

Article 10 – Executive Board

The Executive Board shall consist of the President, 1st Vice-President, 2nd Vice-President, Secretary, Treasurer, Sergeant-at-Arms and executive Board members
The Executive Board shall be the governing body of this Council between meetings. It shall take such action and render such decisions as may be necessary to carry out fully the instructions of the Council meetings, and to enforce the provisions contained in these by-laws
The executive Board shall meet upon the call to the President. It shall also be necessary for the President to call a meeting upon the request of three (3) other Officers
The Executive Board shall have the power to conduct an investigation of any situation in which there is reason to believe that any affiliated organization may be dominated, controlled, or substantially influenced in the conduct of its affairs by any corrupt influence, or that its policies or activities are contrary to the principles or policies of the Council. Upon the completion of such and investigation, including a hearing if requested, the Executive Board shall have the authority to make recommendations to the organization involved and to the Canadian Labour Congress. It shall have the further authority, upon a two-thirds vote of the Executive Board, to suspend any organization. Any action of the Executive Board under this section may be appealed to the next meeting of the Council
A majority of members of the Executive Board shall constitute a quorum for the transaction of business of the Executive Board
The Executive Board is authorized to reimburse members of the Council for necessary lost time and expenses in performing duties for the Council.
Necessary lost time shall be paid to any member of the Executive Board for the purpose of attending Executive Board meetings
Council may make donations to local strike appeals sanctioned by the OFL/CLC in an amount of $50.00 and donations to strike appeals outside of the geographical jurisdiction of $25.00. Donations other than strike appeals will not exceed $35.00.
Political donations will not exceed 5% of our account, based upon the previous months account balance.

Article 11 – Trustees

Three (3) Trustees shall be elected by the Council in the same manner as the Officers. Initially, the trustee receiving the largest number of votes shall be elected for three (3) years. The Trustee receiving the second largest number of votes shall be elected for two (2) years and the trustee receiving the third largest number of votes shall be elected for one (1) year. Subsequently, one trustee shall retire each year, as the term for which such trustee was elected expires, and succeeding trustees shall be elected for three (3) years. The retiring trustee shall be eligible for re-election.
The trustees shall not be members of the Executive Board
The trustees shall conduct an audit of the books and accounts of this Council on an annual basis, based on actual verification of the Treasurer’s records, as outlined by the Canadian Labour Congress.
Should the trustees be unable or otherwise fail to audit the books of the Council, it shall be the duty of the Executive Board, or the President to have the books checked and properly audited by a firm of Chartered Accountants or some equally qualified party.
All financial officers of the Council shall be bonded in an amount to be determined by the Council, but in no case, shall the amount be less than the annual income of the Council
Where Council Officers are not bonded through the Canadian Labour Congress, the trustees shall certify to the Congress that all financial officers of the Council are bonded in accordance with the provision of these by-laws.

Article 12 – Revenue

A per capita tax shall be paid upon the full paid-up membership of each organization.
Each affiliated local union, branch or lodge shall pay, before the last day of each month, for the preceding month, a per capita tax of twenty (20) cents per member
Any organization which does not pay its per capita tax on or before the time specified in Section 2 shall be notified of that fact by the Treasurer of the Council
Any organization three (3) months or more in arrears of per capita tax payment may become suspended from membership in the Council, and can be reinstated only after the arrears are paid in full
(a) for newly formed locals, the per capita tax shall not become due until they have signed their first contract
(b) Affiliated locals will not be required to pay per capita tax during the major portion of any month where a union sanctioned strike is in progress

Article 13 – Standing Committees

The Standing Committees of the Council shall be:
1. Organizing committee
2. Municipal Affairs committee
3. Legislative and Political Action committee
4. Welfare and community service committee
5. Publicity and education committee
6. Labour Day committee
7. Union Label and Consumers’ Affairs committee
  The above committees shall be elected by Council at the February meeting
All standing and Special committees shall present regular written reports to meetings of the Council, unless otherwise ordered by the Executive Board, and shall report all absentees from meetings of the committees
Committees shall consist of three (3) members; two (2) members elected from the floor, and one (1) Executive Board member appointed by the executive Board. Committees may be changed as required.
Duties of the Standing Committees shall be:
1. Organizing Committee
  - the committee, when requested, shall work in conjunction with any organizing staff locally assigned by the Canadian Labour Congress or with any of its affiliates
  - the committee is authorized to make representation to organizations affiliated with the Canadian Labour Congress, but not affiliated with the Guelph and District Labour Council, for the purpose of encouraging their affiliation with Council
  - The Chairperson or his/her designee shall submit a report of the committee’s activities at each regular monthly meeting of Council
2. Municipal Affairs Committee
  - The committee members shall attend the regular meeting of the City Council of Guelph
  - The committee shall kept the Council informed on all matters affecting the welfare of citizens and members of the labour movement as dealt with by the city council
  - The committee shall make recommendations to the council on matters on which it may deem it advisable to act.
  - The committee shall act upon municipal matters referred to it by the Council
  - The committee shall be responsible for selecting and recommending within the defined guidelines, suitable candidates for municipal office to the Council
  - The chairperson, or his/her designee shall submit a report of the committee’s activities at each regular monthly meeting of the Council
3. Legislative and Political Action Committee
  - The committee shall keep the council fully informed of the legislative program of the Canadian Labour Congress and the Ontario Federation of Labour
  - The committee shall make a study of all Federal and Provincial legislation, and make recommendations to the Council and its affiliates, for the purpose of educating members with a view of improving such legislation
  - The committee shall be authorized to submit, edit, and make recommendations to the Council on resolutions pertaining to the legislative and political action fields;
  - The committee shall assists local Unions, branches and lodges to form Political Action committees and shall co-ordinate the activities of such committees;
  - The committee shall promote political activities for the purpose of electing persons favorable to organized labour to Federal and Provincial levels of government
  - The chairperson, or his/her designee shall submit a report of the committee’s activities at each regular monthly meeting of the Council.
4. Welfare and Community Services Committee
  - The committee shall make a study of all Federal, Provincial and Municipal welfare legislation and make recommendations to the Council and its affiliates for the purpose of educating members with a view of improving such legislation
  - The committee shall be available to assist members to obtain assistance under Federal, Provincial and Municipal welfare legislation and through local voluntary welfare organizations
  - The committee shall make recommendations to the council to encourage participation in the local United Way campaign
  - The chairperson, or his/her designee, shall submit a report of the committee’s activities at each regular monthly meeting of the council
5. Publicity and Education Committee
  - The committee shall work in conjunction with the Canadian Labour Congress in promoting educational institutes
  - The committee shall establish, edit or publish any news publication, radio, or television program of the council
  - The committee shall be responsible for issuing Press Releases, under the direction of the Executive Council or the Executive Officers
  - The committee shall keep the council informed on all matters pertaining to education, stimulate and promote membership education, and report to the council on any matters on which it may deem it advisable to act
  - The committee shall work in conjunction with the Waterloo Regional, Stratford and District and Oxford Regional Labour Councils in holding the annual CLC MidWest Institute educational weekend
  - The chairperson, or his/her designee, shall submit a report of the committee’s activities at each regular monthly meeting of the council
6. Labour Day Committee
  - The committee shall arrange for suitable celebrations, subject to the approval of council
  - Union Label and Consumer’s Affairs CommitteeThe committee shall endeavor to promote the sale of union-made goods and the use of union services, and shall co-operate to implement the program of the union trades dept. of the Canadian Labour Congress
  - The chairperson, or his/her designee shall submit a report of the committee’s activities at each regular monthly meeting of the council

Article 14 – Delegates Expenses and Payment for Lost Time

Any delegate, duly authorized and representing council at any convention, conference or other council business, shall be paid his/her regular rate of pay for all work-time lost.

Any overtime claims must be endorsed by the council. A concise, itemized account shall be submitted to the Treasurer for all lost time and expenses before payment is made. Delegates shall also receive a per Diem allowance on the following basis:
- Where hotel accommodation is required, the cost of sleeping accommodations in the hotel, in which the convention or conference is held, shall be paid upon receipt of the hotel bill;
- $60.00 shall be paid to each delegate required to stay overnight in a hotel;
- $30.00 per day shall be paid to each delegate to cover the cost of meals, tips etc. when overnight accommodation is not required.
The delegates will be compensated for all reasonable transportation costs at thirty-five (35) cents per kilometer, plus parking, with receipts, when a delegate has to use his/her own car.
The delegate may be given an advance for expenses and/or lost time if the delegate requests same, in writing, on forms supplied by the council, and the request is approved and endorsed by the President and the Treasurer.
All of the above is to be included in the Financial Report to the General meeting

Article 15 – Addition to the By-Laws of Labour Council – Ombudsman

If a delegate has a complaint or grievance against an officer or delegate to the council, and no procedure for redress of the complaint or grievance is set out in these by-laws. He/she shall have the right to submit his/her case with all relevant material, to the Ombudsman appointed by the Canadian Labour Congress
The Ombudsman will, under the authority vested in him/her by the Congress, undertake such inquiries, hearing or meetings as he/she deems advisable, and report his/her findings, as soon as possible to the parties to the complaint
Terms of Reference.
1. In carrying out the duties assigned to him/her by the Congress, the Ombudsman is empowered to receive inquiries concerning the rights of members and to advise them on the procedures open to them for the redress of complaints
2. to receive complaints, to investigate them, to hold hearings, if he/she decides the complaint warrants it, and to issue written reports, determinations or findings on the individual case
3. to decide whether or not allegations are sufficiently serious and substantial to justify a hearing and, if not, to dismiss a complaint without hearing
4. to order, in cases where his/her decision favours the complainant, such remedies as in his/her opinion, are warranted
5. to recommend, based upon such cases handled, changes in the constitutions of bodies concerned which, in his/her judgment, would eliminate the causes of the complaints
6. to submit to the Canadian Labour Congress, before March 31st of each year, a statistical report of the cases handled during the previous calendar years, and the disposition thereof, including such comments and recommendations, as may be of assistance to the confess in determining future policy with respect to the functions of his/her office
7. to recommend for approval of the congress:
  - procedures for the handling of correspondence and written records relative to complaints received
  - procedures to be followed at meetings, hearings and inquiries, including the appearance and testimony of individuals
  - procedures for obtaining access to relevant files and other documentation
  - procedures for reimbursement of complainants, defendants and witnesses, for travel and other expenses
In addition to the foregoing, the Ombudsman would, if his/her recommendations were not acted upon and the grievances settled, within a period of thirty (30) days after his/her report had been submitted to the parties, have the authority to publicize any decision, award or other findings he/she has made.

Article 16 – Order of Business

The following order of business shall be conducted at each regular meeting of this council

Roll Call of Officers
Initiation of New Delegates
Minutes of the Previous meeting
Treasurer’s report
Communications and Bills
Reports of Standing Committees
Reports of Special Committees
Report of the Executive Committee
Unfinished Business
New Business
Nominations for Office
Election and Installation
Reports of Unions
Good and Welfare
Adjournment

Article 17 – Amendments

Proposed amendments to these by-laws must conform with the Constitution and Principles and Policies of the Canadian Labour Congress, and must be submitted to the Council, by Notice of Motion, at least thirty (3) days before the proposed amendment(s) is (are) to be considered. Such amendments may be adopted by a two-thirds majority vote of those present and voting. However, amendments shall only become effective after approval by the Executive Council of the Canadian Labour Congress.

Approved: 1991
Revised: October 1992, May 2003, December 2004.