PREAMBLE
These By-Laws in general pertain to matters of Group organization not covered by the By-Laws and Regulations of The Professional Institute of the Public Service of Canada (PIPSC) and are made pursuant to those By-Laws and Regulations.
DEFINITIONS
“NR” means the Architect, Engineering and Land Survey Group.
"Institute" means The Professional Institute of the Public Service of Canada.
“Members" means those who meet the requirements of By-Law 3 (Membership).
"Employer" shall be as defined in the Group's collective agreement.
"Sub-Group" refers to an NR Sub-Group organized under the By-Laws of the Institute, which is composed of NR (ENG, AR, and SUR) members.
“Group Executive” means the executive formed from the elected members from the NR members as defined in By-Law 6.
“Officer” means a member of the NR Group Executive who holds an office as defined in By-Law 6 herein.
“AR” refers to members who occupy a position that is classified as AR.
“ENG” refers to members who occupy a position that is classified as EN-ENG.
“SUR” refers to members who occupy a position that is classified as EN-SUR.
BY-LAW 1 NAME
The name of the Group shall be the Engineer, Architect and Land Survey (NR) Group of The Professional Institute of the Public Service of Canada, hereinafter referred to as the "Group".
BY-LAW 2 GROUP AIM
The aim of the Group shall be to bargain the collective agreement and to further the professional interests of its members; to protect the status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the employer and of the Institute that may affect the Group. The Group Executive shall speak for the Group in dealing with the Institute. This in no way infringes on the right of individuals to approach the Institute on their own behalf.
BY-LAW 3 MEMBERSHIP
There shall be two categories of members of the NR Group:
3.1 Regular members Every member who belongs to the NR bargaining unit and who is a Regular member of the Institute shall also be a Regular member of the Group.
3.2 Retired members Any Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group.
BY-LAW 4 RIGHTS OF MEMBERS
4.1 All members shall be eligible to hold positions on the NR Group Executive, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote on Group affairs.
4.2 All members shall be eligible to attend and speak at General Meetings of the Group.
4.3 Only Regular members shall be eligible to vote on matters related to collective bargaining negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
BY-LAW 5 FINANCES
5.1 Group finances shall be consistent with Institute policies.
5.2 Fiscal Year: The fiscal year of the Group shall be the calendar year.
5.3 Expenditures: The NR Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.4 Group Funds: Group funds will be maintained in an account assigned by the Institute.
5.5 Signing Officers: Signing Officers are elected or appointed by the Group Executive, with the decision being recorded in the appropriate minutes. There should be a minimum of three signing officers.
5.6 Signatures: Financial transactions shall require the signatures of any two (2) of the signing officers of the Group. A signing officer cannot also be the payee.
5.7 Records: A written account shall be kept of all expenditures.
5.6 Auditing: As required, auditing and verification procedures shall be carried out by members of the NR Group who are not responsible for the administration of Group funds.
BY-LAW 6 GROUP EXECUTIVE
6.1 Role: The Executive shall exercise the authority of and act on behalf of the Group on all matters subject to this Constitution between General Meetings of the Group.
6.2 Composition
6.2.1 The elected NR Group Executive shall composed of thirteen (13) members. The members are elected by and from the Group members as follows:
| (Even year) | (Odd year) |
|---|---|
| Atlantic | Quebec # 2 |
| Quebec # 1 | Ontario |
| BC/Yukon | Prairies |
| NCR # 1 | NCR # 5 |
| NCR # 2 | NCR # 6 |
| NCR # 3 | NCR # 7 |
| NCR # 4 |
The Officers of the NR Group Executive shall be:
1 – President;
2 – Vice-President;
3 – Secretary;
4 – Treasurer;
5 – Chief Steward;
6 – Membership Coordinator;
7 – Communications Coordinator;
8 – Bargaining Coordinator;
9 – Sub-Group Coordinator and
10 – NR AGM and PIPSC AGM Delegate Selection Coordinator
The NR Group Executive may create additional officers if required.
6.2.2 The regions shall be the regions defined by the By-Laws of the Institute.
6.2.3 The newly elected executive shall take office immediately following the announcement of the results of the election.
6.3 Term of Office
6.3.1 The term of office for the members elected to the NR Group Executive shall be two years.
6.3.2 The term of office of a member of the NR Group Executive shall cease upon resignation, when they cease to meet the membership qualification or upon removal from office.
6.3.3 Any member of the NR Group Executive who is absent from two (2) consecutive meetings of the NR Group Executive without valid reason shall be deemed to have resigned from the NR Group Executive.
6.4 Filling of Vacant NR Group Executive Position
6.4.1 If any NR Group Executive position becomes vacant for any reason, then the NR Executive, at its next Executive meeting may appoint a NR member in good standing from the region of the vacant position to fill the vacant position until the next scheduled election for the NR Executive.
The term of office for such an appointed member shall not exceed 12 months or be renewed.
6.4.2 If in an even numbered year any of the NCR # 1, 2, 3 & 4, Quebec # 1, Atlantic and BC/Yukon positions becomes vacant there will be a special election to coincide with the regular odd year election to fill the position for a term of one year.
6.4.3 If in any odd numbered year any of the NCR # 5, 6 & 7, Quebec # 2, Ontario and Prairies positions becomes vacant there will be a special election to coincide with the regular even year election to fill the position for a term of one year.
6.5 NR Group Officers Elections
6.5.1 The NR Group Executive shall elect officers by secret ballot from their members at the first Group Executive meeting following each election of new members to the Group Executive.
6.5.2 If the Office of President becomes vacant, the Vice-President shall assume the duties of President until the next NR Executive meeting. A new President will be elected at the next NR Executive meeting.
6.5.3 If any Office becomes vacant, the NR Group Executive shall elect new Officers as required at the next NR Group Executive meeting.
6.6 Meetings
6.6.1 The NR Group Executive shall meet as frequently as required, but shall meet at least twice in a calendar year.
6.6.2 Conduct of NR Group Executive Meetings
6.6.2.1 The NR Group Executive shall conduct their meetings either in person or by conference call. In special circumstances such as illness, travel status or other reasons that prevent their physical presence an executive member may attend an in person meeting by conference call. This shall if possible be prearranged.
6.6.3 Voting at NR Group Executive Meetings
6.6.3.1 Proxy voting is not permitted at NR Group Executive meetings. For a member to vote on an agenda item they must have been present during its discussion.
6.6.3.2 Voting shall be by majority vote of those NR Executive members present.
6.6.4 Quorum
6.6.4.1 A quorum shall consist of a majority (7 of 13) of the members of the NR Group Executive.
BY-LAW 7 DUTIES OF THE GROUP EXECUTIVE
7.1 The duties of the Executive shall be to manage the affairs of the Group in order to promote the aims of the Group. The Executive shall be guided by the expressed wishes of a majority of members of the Group ascertained by methods lying at the discretion of the Executive. The Executive shall distribute information to the Group membership on all current concerns of the Group.
7.2 President: The President shall call and preside at all Executive meetings and all Annual General meetings of the Group; attend the appropriate meetings of the Institute and prepare an annual report to the Group Annual General Meeting.
7.3 Vice-President: The Vice-President shall assist the President in the performance of his/her duties and, in the absence of the President, perform the duties of that position.
7.4 Secretary: The Secretary shall be responsible for sending notices of all meetings of the Group and of the Group Executive. The Secretary shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and of the Group Executive, and shall ensure that a copy of minutes are filed with the Institute.
7.5 Treasurer: The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each Group Executive and Annual General Meeting of the Group, submit a detailed financial statement to the Institute as required, prepare a budget for the Annual General Meeting and prepare the request for the annual allowance of the Group. Copies of the annual financial report shall be available to all Group members.
7.6 Chief Steward: The Chief Steward shall be the Steward liaison, shall be responsible for providing Group recommendation for appointment and renewal Stewards and shall keep a current list of Stewards.
7.7 Membership Coordinator: The Membership Coordinator shall encourage all Bargaining Unit members to become members of the Institute, shall keep a current list of members and shall ensure that the members of the Group are aware of services provided by the Institute.
7.8 Communications Coordinator: The Communications Coordinator shall be responsible for communications with the membership via newsletters and other means considered effective in maintaining an informed Group.
7.9 Bargaining Coordinator: The Bargaining Coordinator shall be responsible for liaison between the Executive and the Collective Bargaining Committee, be a member of the Collective Bargaining Committee as well as serve on any Institute committees related to Institute wide bargaining issues.
7.10 Sub-Group Coordinator The Sub-Group Coordinator shall be responsible for the liaison with Sub-Group Executives, providing Group recommendation for the establishment of NR Sub-Groups and definition of their area, and shall keep a current list of Sub-Groups and Sub-Group Executives.
7.11 Delegate Selection Coordinator The Delegate Selection Coordinator shall be responsible for the coordination of the selection of delegates to the NR AGM and the PIPSC AGM by the NR Group Executive. Records of the names of applicants, their selection, their attendance, their Region and Group shall be maintained by the Delegate Selection Coordinator.
7.12 Committees: The Executive shall establish Standing and Special Committees as necessary, with terms of reference and membership to be decided by the Executive. Committee membership shall be drawn from amongst the Regular and Retired members of the Group and shall report to the Executive. Except where otherwise stated in these By-Laws, Committees shall consist of no fewer than three (3) members. Committees shall be dissolved by majority vote of the Executive.
7.13 NR Group Bargaining Committee: The NR Group Executive is responsible for appointing a NR Group Bargaining Committee to act on its behalf in the process of negotiating a new collective agreement. The terms of reference of the Committee shall be determined by the Executive. The Committee shall normally be composed of seven (7) members, including a minimum of two (2) members from the Group Executive and at least one member of the AR, EN-ENG and EN-SUR classifications.
7.13.1 The NR Group Bargaining Committee shall be appointed for the period required to span the preparation of the Group demands to the final ratification of a new collective agreement.
7.13.2 The proposals developed by the Bargaining Committee as well as the selection of the dispute resolution method shall be based on the wishes of the Regular member of the Group.
7.13.3 All tentative collective agreements negotiated by the Bargaining Committee shall be submitted to the Executive for communication to the Group members. The tentative collective agreement will be submitted to all Regular members for approval or rejection by a vote. Communication of the tentative collective agreement may be accompanied by written comments by the Bargaining Committee. Ratification of a tentative collective agreement is by a majority vote of the Regular members voting.
7.13.4 The Bargaining Committee shall be responsible for verifying the count of ratification ballots for tentative agreements and for reporting the results to the Executive.
BY-LAW 8 ELECTIONS
8.1 Election Committee The NR Group Executive shall appoint an Elections Committee to receive nominations for positions on the Group Executive and to conduct the elections. Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.
8.2 Procedure for Nominations
8.2.1 The Elections Committee shall distribute a request for nominations to all members of the Group at least thirty (30) calendar days prior to the closing date for nominations.
8.2.2 Nominations must be supported by at least five (5) members of the Group in the region where the nominee stands and the nominee must indicate a willingness to serve if elected. Regular members nominated for a position on the Group Executive must stand for election in the region in which their workplace is located. Retired members nominated for a position on the Group Executive shall be allowed to choose to be a member of the region in which they live or the region in which they last worked. Any additional costs for a Retired member choosing to be a member of a region in which they last worked will be borne by the Retired member.
8.2.3 Nomination forms must be received at the National Office of the Institute by the close of business on a date to be determined by the Elections Committee.
8.2.4 The Elections Committee shall scrutinize the nominations for eligibility.
8.3 Election Procedure
8.3.1 The Elections Committee shall serve as Returning Officers and shall establish procedures for the efficient conduct of an election, the counting and tabulating of ballots and all matters directly related thereto not otherwise specified in these By-Laws.
8.3.2 In each Region, if the number of candidates exceeds the number of positions to be filled, the Elections Committee will arrange for ballots to be distributed to all members in that Region eligible to vote in the election, or if the number of candidates in a region is equal to or less than the number of positions to be filled, the candidates shall be elected by acclamation. All members may vote only for candidates running in their respective region.
8.3.3 Ballots listing the nominees shall be sent to the membership at least thirty (30) calendar days prior to the date set as the deadline for the return of ballots.
8.3.4 Ballots must be received at the National Office of the Institute by a date and time to be determined by the Elections Committee.
8.3.5 Ballot not conforming to the procedures established by the Elections Committee will automatically be rejected.
8.3.6 The Elections Committee shall communicate the results of the election to the membership as soon as possible.
BY-LAW 9 GENERAL MEETINGS OF THE GROUP
9.1 Annual General Meeting
9.1.1 The Annual General Meeting of the NR Group is its governing body.
9.1.2 The NR Group Executive shall call an Annual General Meeting of the Group at least once each calendar year with the interval between such meetings not to exceed fifteen (15) months. Members shall be notified of the meeting and of any proposed changes to this constitution at least six (6) weeks prior to the date of the meeting.
9.1.3 Any Annual General Meeting shall consider and vote on resolutions presented to it. Such resolutions must be submitted in writing to the Executive at least twenty (20) calendar days prior to the date of the Annual General Meeting.
9.1.4 Delegates: One delegate shall be chosen for each 200 Regular and Retired members, rounded to the nearest 200 and normally prorated by geographic region.
9.1.4.1 Each member of the NR Group Executive shall be a delegate and shall not count as one of the delegates from their respective region.
9.1.4.2 The number of members in each Region and the total number of members shall be determined from the membership count on December 31st preceding the notice of the Annual General Meeting.
9.1.4.3 Substitutes: Any delegate may be represented by a substitute who shall be authorized, in writing, by the delegate and upon filing such authorization with the NR Group Executive, the substitute shall be entitled to vote and take part as though he were a delegate. No person shall carry more than one (1) vote.
9.1.5 Quorum: A majority of the delegates accredited shall constitute a quorum at an NR Annual General Meeting of the Group.
9.1.6 Agenda: The agenda shall include but not be limited to the following items:
Approval of the Agenda
Adoption of the Minutes of the previous Annual General Meeting
Business Arising from the Minutes
Report of the President
Annual Financial Report and Budget
Committee Reports
New Business, including proposed By-Law amendments, if required.
9.1.6.1 Any changes to the agenda of a meeting shall require the approval of a simple majority of the members present at the meeting.
9.1.7 Voting: Only accredited delegates present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Proxy voting shall not be permitted. Decisions shall be by a majority vote of those present and voting. Any delegate present may request that a vote be by secret ballot and such request shall be decided by a majority vote of those present and voting.
9.1.8 Filing of Documents Each year, following the Annual General Meeting, the Group Executive shall submit a copy of the draft AGM minutes, the annual financial report and the elections report to the Office of the Executive Secretary of the Institute prior to the end of the calendar year.
9.2 Special General Meetings
9.2.1 A Special General Meeting of the NR Group may be called by the NR Group Executive or at the written request of at least two hundred (200) voting members of the Group. This meeting shall be held within six (6) weeks of such call or request. Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
9.2.2 The same requirements shall apply to the delegate entitlement, quorum and voting at Special General Meetings as are prescribed for the Annual
General Meeting.
9.3 Institute Annual General Meetings: The Group Executive shall arrange for the appointment of Group delegates to Institute Annual or Special General Meetings within the limitations given in the Institute By-Laws.
9.4 Advisory Council: The Group Executive shall appoint a representative to the Advisory Council.
9.5 Institute Board of Directors: To ensure that Group interests are represented on the Institute Board of Directors, the Group Executive shall endeavor to nominate at least one (1) of its members to stand for election.
9.6 Other Institute Committees: The Group Executive may, on request, recommend representatives to other Institute committees. Members so appointed need not be Group Executive members, but shall be accountable to the Group Executive when representing the interests of the Group.
BY-LAW 10 RULES OF PROCEDURE
At any meeting of the Group or Group Executive, or Committees thereof, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure or “Le code des procédures des assemblées délibérantes” available at the meeting.
BY-LAW 11 CONSTITUTION AND BY-LAWS
11.1 These By-Laws may be amended at a General Meeting of the Group. Approval for amendments requires a two thirds (2/3) majority of those voting.
11.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Executive. The notice of the general meeting at which the amendments will be considered shall include:
- The article to be amended; and
- The new wording.
11.3 Constitutions and By-Laws, as well as any amendments, shall be submitted to the Institute By-Laws & Policies Committee for review.
11.4 This Constitution and By-Laws and any amendments thereto shall take effect upon ratification by the Group and approval by the Institute.
BY-LAW 12 REGULATIONS
12.1 The Executive may make such Regulations and any amendments thereto, not inconsistent with these By-Laws, as it deems necessary or convenient for the operation of the Group.
12.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval.They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.
12.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting. These constitute changes to the Regulations and shall be subject to Article 13.2.
BY-LAW 13 STEWARDS
Subject to the Institute By-Laws and Regulations, NR Group members in a specific area of jurisdiction may elect / nominate a Steward or the NR Group Executive may nominate a Steward. Stewards shall be the official representatives of the Institute for their own and other Groups at a given location or locations. Stewards are appointed by the Institute.
BY-LAW 14 CONTEXT AND GENDER
In this Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.
BY-LAW 15 DISCIPLINE
Any member of the Group, including members of the NR Group Executive, may, as provided for in the Institute By-Laws and Regulations, be disciplined by the Group Executive for conduct which in any way adversely affects the interests or reputation of the Group.
Approved by the Board of Directors
18-19 August, 2005
Amendments approved by the Board of Directors
March 22, 2007
Amendments approved by the Board of Directors
December 7, 2018