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 and are made pursuant to those By-Laws and Regulations.
DEFINITIONS
"Institute and/or PIPSC" 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.
“Group” means the Canadian Commercial Corporation Group.
“Majority” means 50% + 1.
President means President of the Group unless otherwise specified.
Vice-President means Vice-President of the Group unless otherwise specified.
BY-LAW 1 NAME
The name of this Group shall be the PIPSC Canadian Commercial Corporation Group, hereinafter referred to as the "Group".
BY-LAW 2 GROUP AIM
The aim of the Group shall be 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 an individual to approach the Institute on his own behalf.
BY-LAW 3 MEMBERSHIP
3.1 Regular member: Any person who belongs to CCC bargaining unit for which the Institute is certified as bargaining agent, and who has made application and has been accepted for Institute membership.
3.2 Retired member: Every 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 attend and speak at General Meetings of the Group.
4.2 Only Regular members shall be eligible to hold office, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
4.3 Except as provided in 4.3.1, only Regular members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.
4.3.1 Retired members who ceased to be regular members during the retroactive period of a collective agreement shall be eligible to vote on the ratification of that proposed collective agreement
BY-LAW 5 FINANCES
5.1 Fiscal Year: The fiscal year of the Group shall be the calendar year.
5.2 Expenditures: The Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.3 Group Funds: Group funds will be maintained in an account assigned by the Institute.
5.4 Signatures: Financial transactions shall require the signatures of any two (2) of the Executive members, but at a minimum shall include the President or Treasurer of the Group. A written account shall be kept of all expenditures.
5.5 Auditing: As required, auditing and verification procedures shall be carried out by members of the Group who are not responsible for the administration of Group funds.
BY-LAW 6 GROUP EXECUTIVE
6.1 Role: The Group 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: The Group Executive shall be composed of 5 (five) members and may be adjusted upwards in accordance with the Institute By-Laws.
6.3 The Group Executive shall elect, amongst themselves, a President, a Vice-President, a Secretary, a Treasurer or secretary/treasurer and a Steward Officer. When feasible the executive should strive to include a representative for CCC levels 1 to 3 and one representative for the CCC levels 4 to 7.
6.4 Term of Office: The term of office for each member of the Group Executive shall be two (2) years. Elections shall be held every year for two (2) or 3 (three) members of the Group Executive in order to ensure better continued interest on the part of the membership.
6.5 Meetings: The Group Executive shall meet as frequently as is required, but at least three (3) times a year.
6.6 Quorum: A quorum shall consist of a majority of the members of the Group Executive.
6.7 Voting: Decisions shall be by majority vote.
6.8 Vacancies:
6.8.1 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the next election.
6.8.2 If a position, other than that of the President, becomes vacant for any reason, the remaining members of the Executive may select an eligible member of the Group to fill that vacancy until the next election.
6.8.3 Any member who is absent from two (2) consecutive meetings of the Executive without valid reason shall be considered to have resigned from the Executive.
6.9 Duties
6.9.1 President Except as provided in 9.1.1, the President shall call and preside all meetings of the Group and of the Group Executive, and shall present to the Annual General Meeting a report on Group activities.
6.9.2 Vice-President The Vice-President shall assist the President in the performance of his duties, and in the absence of the President, perform the duties of that position.
6.9.3 Secretary The Secretary shall cause for notices of all meetings of the Group and of the Group Executive to be sent. 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.
6.9.4 Treasurer The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each meeting of the Group Executive and each Annual General Meeting of the Group, submit a detailed financial statement to the Institute as required, and prepare the request for the annual allowance of the Group. Copies of the financial report shall be available to all CCC Group members.
6.9.5 Secretary-treasurer: The secretary treasurer will perform both the duties of the secretary, as per by laws 6.9.3, and the treasurer, as per by laws 6.9.4.
6.9.6 Steward Officer; The Steward Officer is responsible to:
a) Maintain records of all grievances and complaints filed against the Employer;
b) Report on status of grievances and steward’s activities at each EC meeting.
6.9.7 Committees The Executive may establish committees as necessary, with terms of reference and membership to be decided by the Executive. Copies of Committee reports shall be filed with the Group Secretary. Committees shall be dissolved by majority vote of the Executive.
BY-LAW 7 ELECTIONS
7.1 Elections Committee The 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.
7.2 Procedure for Nominations
7.2.1 The Elections Committee shall distribute a request for nominations to all members of the Group at least (2) weeks prior to the closing date for nominations.
7.2.2 Nomination forms must be received by the President of the Elections Committee by the close of business on a date to be determined by the Elections Committee. In the event that insufficient nominations are received to fill the vacancies, the Elections Committee shall attempt to obtain the names of additional persons willing and able to serve sufficient to fill the remaining vacancies. If none are forthcoming, nomination can be taken from the floor during the meeting when the elections are to be held.
7.2.3 Nominations must be supported by at least two (2) members of the Group and the nominee must indicate a willingness to serve if elected.
7.2.4 The Elections Committee shall scrutinize the nominations for eligibility and, if necessary, arrange for ballots to be distributed to all members eligible to vote in the election.
7.3 Election Procedure
7.3.1 Elections shall be held at each Annual General Meeting of the Group.
7.3.2 The Elections Committee shall serve as scrutineers 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.
7.3.3 Elections shall be held by secret ballot at the meeting.
7.3.4 The candidate receiving the highest number of votes for a position shall be declared elected.
7.3.5 The Elections Committee shall ensure the membership is informed of the results of the election as soon as possible.
7.3.6 The newly elected Executive shall take office immediately following the meeting.
BY-LAW 8 BARGAINING
8.1 The executive shall establish the bargaining team out of the general membership. The team should be representative of the membership with representation from CCC levels 1 to 3 and representation from CCC levels 4 to 7. Normally the bargaining team will comprise of not more than 5 members.
8.2 Bargaining demands:
8.2.1 The Bargaining Team is responsible for establishing the bargaining demands after consulting the membership and the executive
8.2.2 The bargaining demands will be shared with the Membership. During bargaining the Bargaining Team shall provide status updates to the Executive and to the membership.
BY-LAW 9 GENERAL MEETINGS OF THE CCC GROUP
9.1 Annual General Meeting
9.1.1 The Annual General Meeting (AGM) of the Group is its governing body. All members are entitled to attend. The AGM will normally be chaired by the President or the Vice-President.
9.1.2 The Group Executive shall call an Annual General Meeting of the Group once each calendar year. The interval between such meetings shall not exceed fifteen (15) months. Members shall be notified of the meeting at least three (3) weeks prior to the date of the meeting.
9.1.3 Quorum The quorum for the Annual General Meeting shall be ten (10) members of the Group eligible to vote.
9.1.4 Agenda The agenda shall include the following items:
Roll Call (members of the Group Executive)
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
Elections when required
New Business
9.1.5 Voting All members present at the Annual General Meeting are eligible to vote. The Chair shall only vote in case of a tie. Voting shall normally be by a show of hands and each member shall have one (1) vote. Decisions shall be by a majority vote.
9.1.6 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 PIPSC prior to the end of the calendar year.
9.2 General Meeting
9.2.1 The purpose of the General Meeting(s) is to deal with any arising issue and the GM has the same authority as mentioned in clause 9.1. above.
9.2.2 The same requirements shall apply to the notice, quorum, governance, attendance and voting at General Meetings as are prescribed for the Annual General Meeting.
9.2.3 Members shall normally be notified of the general meeting within 5 days
9.3 Special General Meetings
9.3.1 A Special General Meeting of the Group shall be called by the Group Executive or at the written request of at least 10% of the Group members. The request must included the issues to be discussed at the meeting .This meeting shall be held within four (4) weeks of such call or request. Notice of the meeting shall be sent a minimum of one(1) week in advance.
9.3.2 Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.
9.3.3 The same requirements shall apply to the notice, quorum, governance, attendance and voting at Special General Meetings as are prescribed for the Annual General Meeting.
BY-LAW 10 RULES OF PROCEDURE
10.1 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, shall rely on be the latest edition available at the meeting of rules of procedures currently used by the Institute.
BY-LAW 11 BY-LAWS
11.1 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Group Executive. Proposed amendments may be submitted by any member of the Group. The notice of the Group meeting at which the amendments will be considered, shall include:
a) the article to be amended; and
b) the new wording.
11.2 These By-Laws may be amended at a Annual General Meeting or General Meeting of the Group. Approval of proposed amendments requires 2/3 of of those voting.
11.3 New By-Laws, as well as any amendments, shall be submitted to the Institute By-Laws and Policies Committee for review.
11.4 This By-Laws and any amendments thereto shall take effect upon ratification by the Group membership and approval by the Institute.
BY-LAW 12 REGULATIONS
12.1 The Group Executive may make such Regulations and any amendments thereto, not inconsistent with these By-Laws, as it deems necessary or convenient for the operating 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 Annual General Meeting or General Meeting of the Group.
BY-LAW 13 CONTEXT AND GENDER
In these 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 By-Laws.
BY-LAW 14 DISCIPLINE
14.1 Any member of the Group, including members of the 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
5-6 August, 2011