VCTA Constitution
Chapter I
- Article 1: NAME
- A local union is constituted at Vanier College under the name Vanier College Teacher's Association.
- Article 2: HEAD OFFICE
- The head office of the Union is located at Saint Laurent, Quebec.
- Article 3: JURISDICTION
- The jurisdiction of the Union shall cover the sector of all teachers employed at Vanier College.
- Article 4: OBJECTIVES OF UNION
- The objectives of the Union shall be as follows: to study, safeguard and develop the professional, economic and social interests of its members.
- Article 5: MEANS
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The Union proposes means of achieving its objectives; they are:
- to provide its members with means of professional development in order to make education better and more humane
- to obtain better working conditions for its teachers
- to involve its members in various activities founded by the Union
- to negotiate and conclude collective agreements.
- Article 6: DISAFFILIATION
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A notice of motion should be presented fifteen (15) days before a resolution of disaffiliation from FAC is discussed. The notice of motion and the resolution should be presented and discussed at the General Assembly, regular or special.
As soon as a notice of motion of disaffiliation from FAC is presented for discussion, it shall be transmitted to FAC. That notice of motion shall be presented to FAC at least eight (8) days before the General Assembly.
Authorized delegates from FAC may attend the General Assembly where the resolution is discussed and they may present their views if they so desire.
In order to be adopted the motion for disaffiliation must be accepted by the majority of members voting in a referendum.
Chapter II - MEMBERSHIP
- Article 7: DEFINITION
- The members in good standing are those who exercise the rights given to them by the Constitution and its by laws and who benefit from the Union.
- Article 8: ELIGIBILITY
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In order to be a member in good standing of the Union, a person shall:
- be employed by Vanier College, or laid off with recall rights or dismissed and supported in terms by the Union, or on a leave without pay;
- not be engaged in any other syndical activity of the same type which promotes opposite social principles;
- agree to abide by the present statutes and conform to the by laws of the Union.
- pay the entrace fee and the assessments.
- Article 9: ADMISSION AND INITIATION RIGHTS
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Any eligible person who wishes to become a member of the Union shall pay the entrance fee to the Treasurer, sign an application card and be accepted by he Executive Committee of the Union. Membership is retroactive from the date of the application.
The entrance fee is of two dollars ($2.00) per member. - Article 10: REGULAR CONTRIBUTIONS
- The regular monthly contribution which all duly admitted members must pay to the association, is fixed by the General Assembly of the Union at the amount of 1.66% of gross salary.
- Article 11: PRIVILEGES AND ADVANTAGES
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Only Members in good standing benefit from the Union and its Constitution. Those members may examine the books at the day and time of the General Assembly.
Chapter III - RESIGNATION, SUSPENSION, EXCLUSION, REINTEGRATION
- Article 12: RESIGNATION
- Any resigning member looses the rights and advantages of membership from the date he/she submits his/her resignation to the Secretary of the Union. His/her resignation becomes effective from that date.
- Article 13: SUSPENSION OR EXCLUSION
- The Association Council of the Union may suspend or exclude any member who causes serious harm to the Union. Any member who has been suspended or excluded from the Union looses all the rights and advantages of membership.
- Article 14: GRIEVANCE CASES OF EXCLUSION OR SUSPENSION
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The suspended or excluded member has the following recourse:
- the exclusion or suspension shall be pronounced by the Association Council
- the decision of the Council shall be ratified by the General Assembly
- the Executive Committee shall notify the member eight (8) days before the exclusion so that he/she may present his/her own interpretation to the Association Council
- if the exclusion or suspension has been pronounced and ratified the member should use his/her right of recall within ten (10) days from the date of the General Assembly when the decision has been ratified.
- in the case of recall, the member shall designate an ad hoc arbitrator, the Association Council shall also designate its ad hoc arbitrator and the two shall attempt to come to mutual agreement about the nomination of a president of arbitration. If no agreement is reached, the Executive Committee of the Sector to which the Union is affiliated shall designate a president of arbitration.
- the ad hoc arbitrators shall be nominated within ten (10) days from the recall. The FAC shall have ten (10) days from the date that the demand is presented to designate a president of arbitration.
- the arbitration board shall determine its own procedures; it shall however hear both parties before pronouncing its decision.
- unanimity or simple majority finalizes decisions and ties both parties.
- if the member in recall wins the cause, the Union shall pay the expenditures caused by the exclusion or suspension, including lost salary if it is the case. If the member looses, he/she should pay his/her share of the expenditures caused by arbitration.
- the expenditures of the president of arbitration are paid by the Union.
- if both parties agree on one arbitrator, the Union shall pay the expenditures of the cause.
- the exclusion or suspension of a member remains effective during the period of recall.
- Article 15: REINTEGRATION
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To be reintegrated in the Union, a resigning member should be readmitted by the Executive Committee of the Union.
A suspended or excluded member may be readmitted under conditions determined by the Association Council or by the General Assembly or by an arbitration board.
- Article 16: COMPOSITION
- The General Assembly is composed of all the members in good standing of the Union.
- Article 17: ROLE OF THE GENERAL ASSEMBLY
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The General Assembly has all powers and in particular, it:
- regulates the organization and the operation of the Union
- proceeds to the election of the union officers
- ratifies negotiations of working contracts
- establishes any regulation or by laws profitable to the whole Union
- modifies and amends the existing rules and by laws
- gives the Executive Committee and the Association Council any mandate or responsibility it sees appropriate.
- Article 18: REGULAR MEETINGS
- The General Assembly shall take place at least every four (4) months or if necessary forty eight (48) hours after official notice. The afore said notice shall be made public by all means so that all the members are aware of such a meeting.
- Article 19: SPECIAL MEETINGS
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Special General Assemblies may be called three (3) days after official notice by the Executive Committee or by the Association Council; however, in urgent cases, the Association Council or the Executive Committee may call such a meeting within a reasonable delay. The notice of meeting shall indicate the reason(s) for such a meeting.
At any time, a number of members equal to quorum can call a meeting by submitting to the President of the Union a written and signed notice to that effect, indicating the reason(s) for such a meeting.
The President of the Union shall then call the meeting within eight (8) days from the reception of that notice.
The FAC may ask the Executive Committee and/or Council to hold a special meeting of the General Assembly for reasons vital to the welfare of its members and of the Superior Council. - Article 20: QUORUM
- At the General Assembly, the quorum is formed of twenty five (25) members.
- Article 21: AGENDA
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- Opening
- Role call
- Admission of new members
- Reading and approval of minutes of previous meeting(s)
- Correspondence and announcements
- Treasurer's report
- Reports from committees and delegates
- Business arising
- New business
- Nominations, elections
- Notices
- Adjournment
Chapter V - PROCEDURES OF MEETINGS
- Article 22: OPENING AND AGENDA
- The President opens the meeting at the time announced on the notice of meeting. He shall not change the agenda without the consent of the majority of the members present.
- Article 23: DECISION
- All decisions are taken by the simple majority of the members present, except in specific cases outlined in this Constitution. Only in cases of a tie shall the President vote.
- Article 24: VOTE
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The procedure shall be that of the federation that the union is affiliated to.
Chapter VI - EXECUTIVE COMMITTEE
- Article 25: DIRECTION
- The Union is administered by an Executive Committee.
- Article 26: COMPOSITION
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The V.C.T.A. Executive Committee is composed of:
- the President
- Two Vice Presidents
- the Secretary-Treasurer
- Article 27: QUORUM OF THE EXECUTIVE COMMITTEE
- The quorum of the Executive Committee is of three (3) members.
- Article 28: MEETINGS
- The Executive Committee shall meet at a time and day determined by the President.
- Article 29: ROLE OF THE EXECUTIVE COMMITTEE
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- it administers the Union
- it sees to the application of the by laws and laws voted by the General Assembly
- it replaces any union officer or member of the Executive Committee who has resigned or who is incapacitated. The Committee shall also fill any newly vacant seat by naming new member(s). However, if most of the members of the Executive Committee and/or Council resigned, the Secretary or the equivalent shall then call a general election. The mandate of the newly elected union officers shall expire at the end of the original mandate
- it must abide by the decisions of the General Assembly, made at either regular or special meetings, which decisions constitute a mandate to act on behalf of all the members of the Union
- it should submit to the general meetings all questions which require a vote of the membership, such as: the election of delegates, the adjustment of salaries, the setting of working conditions, etc.
- It is responsible for informing the members regularly on union activities and concerns and for providing the appropriate channels to publicize their opinions on similar matters.
- In addition to the specific responsibilities enumerated under Articles 30-33, it is responsible for fulfilling all other union tasks such as Professional Development, liaison with other groups, publicity campaign, attending F.A.C. meetings, grievances, etc. The Executive Committee will announce its work plan for the year at the first regular meeting of Association Council each Autumn.
Chapter VII - ROLES AND RESPONSIBILITIES OF OFFICERS
- Article 30: PRESIDENT
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The role of the President is as follows:
- he/she runs debates in meetings but he/she cannot participate in the discussions unless he/she leaves the Chair
- he/she is the official Union representative
- he/she pronounces notices of meeting
- he/she signs checks with the Treasurer
- he/she has a right to vote only in cases of equal votes
- he/she signs the minutes of the meetings and the financial reports
- he/she is an ex officio member of all committees
- he/she sees to the application of all roles and responsibilities of officers and committees
- he/she shall give to his/her successor all the informations and the goods relative to his/her position in the Union.
- Article 31: VICE PRESIDENTS
- One of the Vice-Presidents replaces the President whenever he/she is absent or incapable of acting as such. One of the Vice-Presidents is the chairperson of the Association Council. One of the dossiers of one of the Vice-Presidents would be Information.
- Article 32: SECRETARY
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The role of the Secretary is as follows:
- he/she writes and reads out the minutes of meetings, keeps them in a record book and signs them with the President
- he/she gives access to the books to anyone who wants to see them at the time of the assembly
- he/she takes care of all correspondence and keeps a copy of all correspondence in his/her record books
- he/she classifies and keeps all the memos
- he/she shall give to his/her successor all the information and materials relative to his/her position in the Union
- Article 33: TREASURER
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- he/she takes care of all finances
- he/she sees that all members pay their membership and/or initiation fees
- every four (4) months he/she presents a financial report to the Association Council of the Union
- he/she makes the transactions authorized by Executive Committee and/or Council
- he/she gives access to his/her books at each General Assembly
- he/she shall make deposits at an accredited bank as early as possible
- he/she prepares the annual financial report
- he/she shall give to his/her successor all the informations and the materials relative to his/her position in the Union.
- Article 34: REMUNERATION
- The Union officers do not receive any salary or remuneration of any kind from the Union, except for travel expenses and/or any other expense encountered because of special circumstances.
- Article 35
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Chapter VIII - ASSOCIATION COUNCIL
- Article 36: MANDATE
- The Association Council is responsible for the formulation of policy for the Union.
- Article 37: MEMBERSHIP
- The Association Council is made up of the following members: namely the members of the Executive Committee and, Two (2) from Social Science, Commerce, Arts & Letters two (2) from Applied Technologies two (2) from General Science two at large .
- Article 38: QUORUM OF THE ASSOCIATION COUNCIL
- The quorum of the Association Council is eight (8) members.
- Article 39: MEETINGS
- The Association Council meets at least once per month, at a place, day, and time specified by the President.
- Article 40: FUNCTIONS OF THE ASSOCIATION COUNCIL
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The functions of the Association Council are as follows:
- it formulates policy
- it determines the dates of the meetings and the agendas of the General Assembly
- it authorizes expenditures, the maximum amount is set by the General Assembly; it audits the treasurer's books
- it forms whatever committees are necessary to study, discuss, promote or implement the aims of the Union
- it receives or dismisses members
- it receives complaints from members, examines them and takes whatever action is called for; in conformity with the dispositions of article 13 of the present regulations
- it must abide by the decisions of the General Assembly, made at either regular or special meetings, which decisions constitute a mandate to act on behalf of all the members of the Union
- it receives and studies all communications from the General Assembly which are submitted to it
- it should submit to the general meetings all questions which require a vote of the membership, such as: the election of delegates, the ajustment of salaries, the setting of working conditions, etc.
- Article 41
- Decisions taken at meetings of the Association Council require a majority of the members present. The Chairman may vote only in the case of tie votes.
- Article 42: ANNUAL REPORT
- The President on behalf of Council of the Union prepares and presents an annual report of its activities to the regular General Assembly of the month of May for the fiscal year ending the 31 of May.
- Article 43: ABSENCE
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Any member of the Association Council absent for three (3) consecutive meetings without a reasonable excuse may be dismissed from office.
Chapter IX - AUDIT
- Article 44: NAMING OF THE AUDITORS
- Two (2) members of the Union are elected auditors at the Annual General Assembly.
- Article 45: DUTIES AND RIGHTS OF THE AUDITORS
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The auditors have the responsibility:
- to supervise the accounting and to audit the cash situation
- to examine assets and liabilities.
They have the right:
- to examine the books and correspondence at any time
- to call a special General Assembly (if both agree to do so).
- Article 46: REPORT
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The auditors make a report once (1) a year to the Association Council. This report is a signed statement of their audit, and is forwarded to the General Assembly, before the elections of officers takes place.
Chapter X - NOMINATION AND ELECTION OF OFFICERS AND COUNCILLORS
- Article 47: NOMINATION AND ELECTION
- Nominations and elections for the positions of officers will take place during the months of April and May. Nominations and elections for the positions of members of the Council will take place during the month of April and May. The dates will be set by the outgoing Council.
- Article 48: ELIGIBILITY
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Any member in good standing is eligible for a position as officer of the Union.
Eligibility for a position on the Council depends on the member being in good standing and fulfilling requirements for the particular seat for which he/she is nominated.
Outgoing officers and members of council are eligible to run again. However no member of the executive may occupy the same position for more than three consecutive years.
A member may be put into nomination only if a nomination form has been duly filled out, signed by five (5) members in good standing, signed by the candidate himself, and received by the chairman of the election committee before the deadline for the end of nominations. - Article 49: ELECTION PROCEDURES
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- The President, the Vice Presidents, the Secretary-Treasurer, the Treasurer, and the Members of the Association Council are elected for one (1) year, on a vote by all the members in good standing of the Union. The Information Officer's election and mandate are subject to the same rules as those applicable to the Executive Committee.
- The Association Council will choose an Elections Chairman and two scrutineers before the 31st of March, for the Election of Officers and before the 31st of September for the Election of Council. The Chairman and the two scrutineers may not run for any office; nevertheless, the scrutineers have the right to vote if they are members in good standing.
- The Chairman of Elections will receive nominations during the period designated by the Council. If for any of the posts a single candidate (or the exact number of candidates needed) are nominated, then the Chairman will declare the candidate or candidates elected by acclamation.
- If a vote is required, it will be taken by secret ballot, on the days designated by the Council and at a place designated by the Chairman of Elections. The scrutineers count the Votes and report to the Chairman of Elections. The Chairman of Elections will vote to break any ties, but will not vote otherwise.
- The members of the Executive and the Association Council will be installed at the annual General Assembly held in May and will be in office as of that meeting.
- All members in good standing have the right to vote.
- The Chairman of Elections will receive nominations during the period designated by the council. To be elected a member of the Executive or the Information Officer, the candidate must receive a majority of the votes cast. In case there is only one candidate, there will still be vote for ratification and the candidate must receive a majority of the ratification votes cast.
For the Council to be elected a simple majority of votes cast is required. If for any post a single candidate (or the exact number of candidates needed) are nominated, the Chairman will declare the candidate or candidates elected by acclamation. The same voting procedure applies to other elections run by the V.C.T.A..
Chapter XI - ACCEPTANCE OF A COLLECTIVE AGREEMENT
- Article 50: VOTE
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In the case of a vote for the acceptance of a Collective Agreement and of its signature, a majority of the members present at the General Assembly is required.
Chapter XII - CONVENTIONS AND DELEGATES
- Article 51: CHOICE
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The number of delegates to conventions will be set by the Association Council according to the Statutes and regulations of the FAC. The members will be required to vote for the designated number of delegates.
Chapter XIII - AMENDMENTS TO THE CONSTITUTION
- Article 52: AMENDMENTS TO THE CONSTITUTION
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Any motion, resulting in a modification of the present statutes, in whole or in part, resulting in a change of the name of the Union, must be presented in writing to the Association Council before being presented to the General Assembly.
Such a motion must be presented to the General Assembly by notice of motion. This notice of motion cannot be considered until it has been read to an assembly (either regular or special). Any change in order to come into effect requires the acceptance of two thirds (2/3) of the members present at the General Assembly. - Article 53: DISSOLVING OF THE UNION
- The voluntary dissolving of the Union may not take place so long as a majority of the members in good standing are opposed to such action.
- Article 54: LIQUIDATION
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In the event of dissolution, any remaining assets will be distributed according to the law of professional Unions.
(1) V.C.T.A. members who retire on a pension become non-voting, non-dues-paying associate members of the V.C.T.A. and continue to be represented by V.C.T.A. on matters of pension rights. (Passed 93/04/04)
(2) That a permanent V.C.T.A. audit and budget projection committee be constituted. Composition: The Treasurer and 2 non-Executive members of the Association Council. (Passed 96/09/26)
(3) That the V.C.T.A. financial statement for the previous year be circulated to all members before the last General Assembly of the year when the financial report is presented to the Assembly. (Passed 96/09/26)
