Bylaws Teaching and Research Assistants at Concordia - Public Service Alliance of Canada Local 12500 2100 rue Mackay PR-205 Montreal, QC, H3G 2J1 ...
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Bylaws Teaching and Research Assistants at Concordia Public Service Alliance of Canada Local 12500 2100 rue Mackay PR-205 Montreal, QC, H3G 2J1 Amended 05 May 2022
1. Article 1 Name, Affiliation, and History 1.1. The name of the union local is the Teaching and Research Assistants of Concordia (TRAC). 1.2. TRAC is local 12500 of the Public Service Alliance of Canada (PSAC). PSAC is in turn affiliated with the Canada Labour Congress and the Fédération des travailleurs et travailleuses du Québec (the Quebec Federation of Labour, FTQ). 1.3. TRAC may be affiliated with various labour councils in locations where such organizations have been established. 1.4. TRAC was founded on August 2006 in Montreal and certified on November 27, 2006. TRAC Union is located on unceded and occupied territory of the Kanien’kehá:ka, who are recognized as the custodians of the lands and waters of Tiohtiá:ke/ Montreal. Historically known as a gathering and meeting place for many Indigenous nations, Tiohtiá:ke/Montreal is today home to a diverse population of Indigenous and other peoples. We acknowledge that colonization persists and we urge our members to become involved in anti-colonial and Indigenous-led struggles and resistance in Tiohtiá:ke, or Montreal, and beyond, as outlined in the TRAC Anti-Oppression and Allyship Framework (Appendix 1). 2. Article 2 Head Office 2.1. The Office of the TRAC is located at 2100 rue Mackay PR-205, Montreal, Quebec. 3. Article 3 Jurisdiction 3.1. All employees of Concordia University who are included in the bargaining unit described in the Accreditation Certificate fall within the jurisdiction of TRAC jurisdiction. Page 2 of 28
4. Article 4 Goals of TRAC 4.1. The goals of TRAC shall be: (a)to study, protect and develop the professional, socioeconomic, cultural, and political interests of its members and workers in general. to promote values of social solidarity, equity, tolerance and sharing to build a fairer society free of discrimination, violence, oppression and exploitation, a society that shall make it possible to ensure that everyone develops to their fullest and be respectful of the environment; (b)to promote and support an adequate, positive and safe studying and working environment and to ensure the respect and the protection of knowledge produced; (c) to actively protect the quality and accessibility of education at Concordia University and in Canada; (d)to encourage the resolution, through mediation, negotiation, and other means of all conflicts between the members and their Employer. 5. Article 5 Means of Achievement 5.1. TRAC proposes to achieve these goals by: (a)developing and maintaining a well-organized membership to support the objectives of the union local; (b)maintaining an obligation to availability and transparency for the membership; (c) developing action and education programs to improve Member training and awareness of the labour union movement and principles; (d)regulating relations between the Employer and the Members by means of collective bargaining; (e) obtaining a higher standard of living and better working conditions for Members; Page 3 of 28
(f) encouraging the participation and involvement of its Members in other PSAC structures and other popular organizations and organizations established by TRAC or affiliated with it; (g)establishing close links with the public we serve and the communities in which we live; (h)providing a responsible administration of the Local; (i) reducing our impact on the environment through sustainable practices and policies; (j) promoting equity and diversity within the members involved in the union and more specifically by protecting and fighting for the rights of LGBT+ people, people with disabilities, and people of colour within Concordia; (k) negotiating and enforcing the Collective Agreement. 6. Article 6 Definitions 6.1. Active Members: Those who exercise the rights conferred by the Bylaws and Regulations and which relate to the benefits of the local 6.2. Regulations: The By-laws and Regulations of the Local 6.3. Employer: Concordia University 6.4. Employees: Those employed and eligible to become members of the local (according to the Labour Relations Board certification AM-2001-6826 issued on August 29, 2016, or any amendment thereto). 6.5. Local: Local 12500 of PSAC 6.6. PSAC: Public Service Alliance of Canada 6.7. FTQ: Fédération des travailleurs et travailleuses du Québec 6.8. CLC: Canadian Labour Congress 6.9. General Assembly: Meeting which all members of the union may attend and in which they have the right to speak, put forward motions, and vote 6.10. Delegate Council Meeting: Meeting which all department delegates may attend 6.11. Executive Committee Meeting: Meeting to which the Executive Officers have the right to attend, speak, put forward motions, and vote Page 4 of 28
6.12. Department Delegates: A member representing the employees of a specific department at the Delegate Council meetings and in other committees 6.13. Department: Any department as defined by Concordia University 6.14. Executive Committee Member: Member in good standing elected to one of the offices of the local 6.15. Auditors: Elected Non-Executive Officers who annually audit the finances of the local 6.16. Committee Member: Member in good standing elected to one or several offices of the local, or appointed by the Executive Committee 6.17. Election Officer: An Officer from PSAC, supervising any election in TRAC 6.18. Resolution: Resolutions shall be used to express the opinion of the General Assembly and to direct the actions of the Executive Committee and other TRAC bodies. 6.19. Motion: Motions are actions proposed during meetings. They are adopted if seconded by another member and approved by a majority of the voting body or approved according to Bourinot's rules of order 7. Article 7 Members 7.1. In a manner consistent with the definition of membership in the PSAC Constitution: 7.2. AAll Employees whose employment is covered by the accreditation certificate AM-2001-6826 issued on August 29, 2016, by the Labour Relations Board or any amendment thereto may become a member of the local. Furthermore: (a)all Employees whose contracts have expired may retain their rights and responsibilities as a member for a period of twelve (12) months. However, if a TA or RA, they must always be enrolled at the University, or on a temporary absence authorized by the regulations of the University; (b)all persons who can prove that they have been offered a contract that will be starting within the following month can become members, where the contract deals with employment subject to accreditation certificate AM-2001-6826 issued on August 29, 2016, by the Labour Relations Board; Page 5 of 28
(c) all Employees who upon graduation continue to hold a valid contract with the University, covered by the accreditation certificate AM-2001-6826 issued on August 29, 2016, by the Labour Relations Board may remain Members for the duration of their contract; (d)all employees who have been laid off from a position under the local’s jurisdiction, yet still maintain the right to be re-hired may remain Members. 7.3. In order to become an Active Member an employee must complete and sign a union membership card and be accepted as Members of the Local Union. 7.4. In order to become a Member an employee must pay initiation dues and sign a dues deduction authorization on the form provided for this purpose. 7.5. A Member shall receive a card attesting that they are Members of the Local, and electronic copies (or hard copies if circumstances warrant) of the collective agreement, the Bylaws and Regulations, and the PSAC Constitution and Regulations upon request. 7.6. Employees whose TRAC membership request has been rejected may exercise their rights of appeal stipulated in the PSAC Constitution and Regulations. 7.7. Members must abide by the provisions of these Bylaws, the PSAC Constitution and Regulations, as well as any legal agreement entered into by TRAC on their behalf. 8. Article 8 Membership Rights and Privileges 8.1. Only Members in good standing shall enjoy the rights and privileges conferred by the local’s Bylaws and Regulations, specifically the right: (a) to file a complaint with the Executive Committee or PSAC if they believe any of their rights defined in these Bylaws has been violated by any member or body of TRAC or the Employer; (b) to be nominated for and to hold office, and to vote in elections of officers of TRAC; (c) to view financial reports upon request. Page 6 of 28
9. Article 9 Resignation from the Local Union 9.1. All Members who resign lose their entitlements to benefits and privileges of the local effective the date their resignation has been forwarded in writing to the Secretary of the Local, as defined in the Quebec Labour Code 9.2. Regardless of their membership status, Employees of Concordia University who are included in the bargaining units (Teaching and Research Assistants) described in the accreditation certificates and who resigned from the local still fall within the jurisdiction of the local or any successor thereof and shall pay union dues accordingly. 10. Article 10 Suspension or Exclusion 10.1. Any Members who does serious harm to the local, refuses to comply with the commitments made with the local, or fails or refuses to comply with the decisions of general meetings, is liable to being charged with a violation of these Bylaws and the PSAC Constitution. 10.2. Any Member who has been suspended or excluded shall lose all entitlements to local privileges or benefits, until the suspension has been lifted. 10.3. Exclusion and suspension of Members shall be dealt with in accordance with the provisions of the relevant sections of the PSAC Constitution and Regulations. 11. Article 11 Dues 11.1. The General Assembly sets the amount of the union dues. 11.2. The notice of the General Assembly must mention the planned change to the amount of the union dues 11.3. Two-thirds (2/3) of the votes recorded at that meeting are required to change the amount of the union dues. Page 7 of 28
12. Article 12 Financial Provisions 12.1. The local’s fiscal year runs from 1 June to 31 May. 12.2. A complete financial report approved by the Auditors must be presented at the first General Assembly following the end of the fiscal year. 12.3. Complete budget forecasts must be presented at the General Assembly at the beginning of the fiscal year or at the end of the preceding fiscal year. 12.4. The Executive Committee cannot authorize any single expense or set of related expenses exceeding $5,000 without the approval of the General Assembly. 12.5. The Executive Committee cannot authorize any single expense or set of related expenses exceeding $1,000 without the approval of the Delegate Council. 12.6. Auditors: (a)shall be a professional financial auditor; (b)shall not be selected from among Members of the Executive Committee nor family members of the Executive Committee, and shall be elected at the last General Assembly of the financial year; (c) shall audit and approve the Financial Report prepared by the Executive Committee before the latter presents it to the General Assembly; (d)shall submit an audit report every year to the General Assembly. 13. Article 13 Decision-Making Bodies 13.1. The Local is made up of, governed and administered by the following bodies in hierarchical order: (a)General Assembly (b)Executive Committee (c) Delegate Council Page 8 of 28
14. Article 14 General Assembly 14.1. The General Assembly shall consist of all Members of the local in good standing. All Members are entitled to speak, put forward motions, and vote. 14.2. The General Assembly will obey the meeting rules and procedures used by PSAC. 14.3. The General Assembly is the supreme authority of the local. It shall: (a)resolve any matter concerning the organization and internal functions of the local; (b)elect members of the Executive Committee; (c) approve Auditor; (d)form Committees and appoint members thereto, although lacks exclusive authority to do so; (e) take all the steps it feels are advisable to ensure the effective operation of the Local; (f) amend these By-laws, including the amount of union dues; (g)vote on budgets presented by the Executive Committee and the report of the Auditors; (h)vote to accept or reject all tentative agreements in draft format; (i) vote on whether or not to strike; (j) adhere to the principle to the effect that, no collective agreement can be considered completed with respect to the specific clauses concerning faculties without the majority consent of the Members of each of those faculties. 14.4. A General Assembly is ordinarily convened at least twice a year as near the beginning of the fall semester and as near the end of the winter semester as practicable. 14.5. Voting shall proceed by show of hands (in person or through online teleconference platforms) and a motion receiving a majority of the votes shall be deemed resolved. Furthermore: (a)the right to vote is not transferable: if a member does not attend a meeting, the member shall not vote at that meeting; Page 9 of 28
(b)secret ballot (or secret ballot online platforms) shall be used in case of: (i) elections of executive committee and bargaining committee members (ii) the ratification of a collective agreement; (iii)a strike vote; (iv)setting the amount of union dues. 14.6. The Executive Committee must call regular General Assemblies fourteen (14) calendar days before a General Assembly takes place. The Executive Committee will use electronic mail and website, unless technical difficulties prevent the use of these means, and at least one more method of communication, in total three (3), to communicate the date, the agenda and location of the General Assembly, including but not limited to: posters, social media, electronic means, and internal media at Concordia University. (a)Documents pertaining to the General Assembly must be made available to members to the greatest extent possible prior to the meeting, preferably alongside the meeting’s agenda once members register. 14.7. Special General Assemblies can be called as often as the local requirements dictate. The Executive Committee or a petition by at least thirty (30) Members can call a Special General Meeting at any time. The agenda for assembly Special General Meeting shall be sent to members at least three (3) days before the meeting is held. However, in case of emergency, the Special General Assembly can be called with shorter but reasonable notice. Members must be informed of the agenda and the reasons for calling the assembly when it is called. The assembly must be publicized in at least three (3) different ways. Any decisions made at the Special General Assembly shall pertain only to the reason for the meeting as contained in the notice calling the meeting. 14.8. Quorum for any General Assembly is at least 30 members. 14.9. Quorum for Special General Assemblies: (a)Quorum of a Special General Assembly aimed at changing the amount of dues paid by members should be of at least 66 members. (b)Quorum of a Strike General assembly should be of 5% of the membership of the bargaining unit concerned by the strike motion. Page 10 of 28
14.10. Elections of elected Executive Officers and elected Non-Executive Officers conducted during a General Assembly shall be dealt with in accordance with PSAC election procedures, as much as possible. 15. Article 15 Executive Committee 15.1. The Executive Committee consists of seven (7) members. The Executive Committee should attempt to reflect the various demographics of the membership, i.e., faculties, departments, gender, etc. 15.2. In order to be eligible for election to the Executive Committee a Member must: (a)demonstrate to an Election Officer, if necessary, that they meets the above mentioned criteria, upon penalty of immediate and automatic dismissal if the candidate is shown to have misrepresented themselves or presented false information; (b)have not already served three (3) mandates prior in the Executive Committee; (c) does not simultaneously hold a position on the executive of a campus wide or faculty wide student association. 15.3. Members of the Executive Committee are elected for a twelve (12) month mandate, and no more than twelve (12) months, at the spring General Assembly corresponding to the fiscal year (1 June to 31 May). When a position is vacated, the General Assembly must fill this position as quickly as possible, preferably within a month. 15.4. Quorum for a meeting of the Executive Committee shall be 50% + 1 of the Executive Committee. 15.5. Meetings of the Executive Committee take place as often as required, but in any case at least once per month. 15.6. The Executive Committee shall: (a)prepare and call General Assemblies; (b)see to it that policy positions of TRAC local officials are implemented and enforced; (c) look after the internal administration, organization, and effective operation of the Local; Page 11 of 28
(d)administer the day-to-day business and assets of the Local; (e) ensure that the collective agreement is enforced; (f) invite student employees to participate in Local offices and university committees; (g)support and develop inter-union relations; (h)gather and distribute relevant information to Members; (i) fill vacant responsibilities of missing Executive Committee members on an interim basis, if required, until the next General Assembly; (j) prepare TRAC policies subject to approval by the General Assembly; (k) provide support with the negotiation of the collective agreement and ensure that it is enforced; (l) anticipate grievances of a general nature that are likely to be referred to arbitration; (m)authorize disbursements not in the budget, the maximum amount of which is decided by the General Assembly; (n)comply with the decisions of the General Assembly; (o)appoint and hire employees of the local and determine their functions; (p)coordinate in cooperation with Department Delegates the signing of membership cards by new members; (q)ensure that the rules and regulations adopted by the General Assembly are respected; (r) name representatives to represent the local to the various bodies to which the local participates; (s) authorize all the procedures and legal acts necessary for the best interest of the local. 15.7. Resignations: (a)should the president resign from their position, the Vice President shall replace the President in their duties until a new president is elected; (b)if any member resigns from or leaves the Executive Committee, a General Assembly shall be called as soon as possible for the purpose of holding an election. 15.8. The executive committee serves as Board of Directors of the Union. Page 12 of 28
15.9. All members of the Executive Committee who are absent from three (3) consecutive meetings without sufficient grounds may be relieved of their duties by the Executive Committee and replaced in accordance with the procedures set out in the preceding article. 15.10. The Executive Committee can hire an administrative assistant to assist in their mandate. This position cannot be held by a TRAC member. Their tasks shall include recording the minutes of the General Assemblies and the Executive Committee meetings and shall make the minutes of General Assemblies available to all members. However, if the Executive Committee does not hire an administrative assistant, these duties fall to the Secretary-Treasurer. 16. Article 16 Duties of Members of the Executive Committee 16.1. The President shall: (a)represent the Local in its official business and in dealing with the media; (b)call meetings; (c) sign checks jointly with the treasurer; (d)sit ex officio on all committees; (e) monitor compliance with the regulations and ensure that each member of the Executive Committee diligently carries out the duties of their position; (f) monitor the Local’s activities; (g)share responsibility with the Representative & Grievance Officer on all grievances submitted to the Local; (h)handle all matters related to TRAC’s relations with PSAC; (i) sit as an ex officio member of the Bargaining Committee; (j) sit on the Finance Committee; along with the Secretary-Treasurer and the Vice-President; (k) make all disbursements authorized by the Executive Committee or the General Assembly; along with the Secretary-Treasurer and the Vice- President; Page 13 of 28
(l) hand over their successor, at the end of their mandate, all Local property in their custody. 16.2. The Vice-President shall; (a)sit on the Executive Committee and second the President in their duties; (b)perform all of the Chair’s duties in the President’s absence; (c) ensure that there is good coordination between the Executive Committee and the various delegates; (d)support all other Executive Members in their functions; (e) sit on the Finance Committee, along with the Secretary-Treasurer and the President; (f) be responsible for logistics, including campaigns and general assemblies; (g)coordinate with other student associations and organizations within the University; (h)keep abreast of all documents produced by bodies that have direct or indirect relevance to the activities of the Local; (i) make all disbursements authorized by the Executive Committee of the General Assembly, along with the President and the Secretary-Treasurer; (j) hand over to their successor, at the end of their mandate, all Local property in their custody; (k) sit ex-officio as the TRAC representative on the Inter Union Council (IUC). (l) ensure that all amendments to the Bylaws are recorded and forwarded to PSAC; 16.3. The Secretary-Treasurer shall; (a) file any necessary legal documents; (b) handle the money and do the accounting; (c) provide the Executive Committee upon request and at least every four (4) months an exact account of the Local’s finances; (d)make all disbursements authorized by the Executive Committee or the General Assembly, along with the President and the Vice- President; (e) provide access to the financial records of TRAC upon request within seven (7) calendar days; Page 14 of 28
(f) prepare the Financial Reports, which, after approval by the Auditors, are submitted to the Executive Committee and the General Assembly; (g)report on their activities to the Executive Committee or the General Assembly; (h)prepare the Financial Reports, which are submitted to the Executive Committee and the General Assembly; (i) ensure all financial transactions are recorded in an acceptable manner; (j) sign, jointly with the President or Vice-President, all checks and financial reports; (k) provide receipts as necessary; (l) provide Auditors with any information they may need to complete their Audit Report; (m)respond in writing within a reasonable time to recommendations and concerns raised by the Auditors; (n)prepare the budget with members of the Executive Committee that is submitted to the General Assembly; (o)sit on the Finance Committee, along with the President and the Vice- President; (p)hand over to their successor, at the end of their mandate, all Local property in their custody. 16.4. The Representation and Grievance Officer shall: (a)cooperate with the President in the processing of grievances; (b)ensure compliance with deadlines in processing grievances and updating and filing records; (c) be responsible for the negotiation of grievance settlements; (d)act as an intermediary between members and PSAC when a grievance is referred to arbitration; (e) report to the Executive Committee and the General Assembly, at the end of the year, a complete summary of any issues pertaining to grievances; (f) hand over to their successor, at the end of their mandate, all Local property in their custody; Page 15 of 28
(g)be responsible for the execution of the sexual harassment policy. 16.5. The Mobilization Officer shall: (a)ensure that new members of the local come in contact and become aware of the existence of the Local; (b)be responsible for the mobilization and coordination of all departmental Delegates, and for the calling and chairing of all Delegate Council meetings; (c) make note of the weaknesses detected in the collective agreement as noticed by members and ensure the Bargaining Officer is aware of them; (d)initiate and lead political campaigns around rights, protections, equity, and other union matters, with the support of Delegates and the Executive Committee; (e) report on their activities to the Executive Committee and the General Assembly; (f) organize orientations at the beginning of semesters and organize training sessions on at least a monthly basis; (g)hand over to their successor, at the end of their mandate, all of Local property in their custody. 16.6. The Bargaining Officer shall: (a)be the representative of the Executive Committee at the negotiation table with the Employer; (b)be the chair of the Bargaining Committee; (c) inform the Executive Committee of the status of negotiations with the Employer; (d)ensure that any demands approved by the General Assembly are the core of any negotiation with the Employer; (e) suggest the negotiation strategy including any pressure tactics, in consultation with the PSAC representation and the Bargaining Committee; (f) consult with the Representation and Grievance Officer to ensure that all elements of the Collective Agreement are implemented and upheld; Page 16 of 28
(g)make note of weaknesses detected in the Collective Agreement noted by the Members so that they can be corrected in the next round of negotiations; (h)report on their activities to the Executive Committee and to the General Assembly; (i) prepare for the next negotiation by keeping abreast of issues pertaining the Collective Agreement; (j) hand over to their successor, at the end of their mandate, all Local property in their custody. 16.7. The Communications Officer shall: (a)ensure that new members of the local come in contact and become aware of the existence of the Local; (b)be responsible for writing articles, press releases, e-mails and at the request of various offices, memoranda, notices, etc.; (c) be responsible for gathering, compiling, disseminating and distributing information to members; (d)implement, coordinate and review, when required, the information distribution system and updates of the local publications, social media, internet sites, and other means of communication; (e) be responsible for both the visibility and communications of the Local; (f) report on their activities to the Executive Committee and the General Assembly; (g)create, maintain, and update the Member database; (h)hand over to their successor, at the end of their mandate, all of the Local property in their custody. 17. Article 17 Delegates 17.1. Delegates are chosen by eligible members of their department. Lacking nomination through a department meeting, they may be temporarily appointed by the Executive Committee; their tenure will last until a department election that they organize themselves. Page 17 of 28
17.2. Delegates are required to: (a)be the first contact between members and the Executive Committee and the union; (b)defend the rights and interests of members they are representing; (c) receive complaints from the members and forwarding them to the Executive Committee, if necessary; (d)ensure that the members are kept abreast of the local’s activities and take all steps to ensure their active participation; (e) organize a departmental or faculty meeting for members at least once a semester. The meeting can be coordinated with other council members, or Executive Committee members; (f) encourage members to participate in General Assemblies; (g)attend monthly Delegate Council meetings; (h)introduce themselves to: (i) their department’s TA Coordinator; (ii) student associations within department and faculty; (iii)members within their department. (i) attend an organizer training sponsored by the Executive Committee within 30 (thirty) days of entering the position. (j) represent TRAC at department meetings and orientations (k) attend department meetings and/or orientations as needed (l) Delegates should be elected once per semester at the beginning of the semester TRAC department meeting (m)Delegates will be provided with a handbook containing all of the information necessary to fulfill their role as Delegate 17.3. Delegates have the right to obtain the list of members’ contact information in their department for TRAC purposes. 17.4. Delegates who miss two or more Delegate Council meetings in a row without notifying the Executive Committee, or who do not fulfill all of the aforementioned required tasks mentioned in 17.2, shall be removed from their position. Page 18 of 28
18. Article 18 The Delegate Council 18.1. The Delegate Council is an advisory body to the local. 18.2. The Delegate Council is made up of at least one Delegate from each department and/or degree program. When a department has multiple degree programs (such as the Department of Mechanical, Industrial and Aerospace Engineering), delegates can be allocated for each degree program instead of each department. For departments and/or degree programs with more than one delegate, there should ideally be at least one Teaching Assistant, one Research Assistant. 18.3. The Delegate Council meets monthly or as deemed necessary by the Delegate Council itself. 18.4. The Delegate Council shall deliberate upon: (a)regulations pertaining to the finances and administration; (b)interests and concerns of each of the departments; (c) establish any committee to study, discuss, promote or achieve the goals of the local; (d)mandates given to the executive committee. 18.5. At every Delegate Council meeting the Executive Committee will briefly provide: (a)a finance report (b)an executive report (c) a bargaining report, if applicable. 18.6. Before regular General Assemblies, the Delegate Council can select a representative to give a report of the actions taken by the council to the membership. 18.7. Delegates receive reimbursements of expenses related to their work at the end of every semester: (a)$25 (twenty-five) dollars for each delegate council meeting attended, with a maximum limit of $150 per semester; (b)$50 (fifty) dollars for performing the responsibility required in article 17.2. Page 19 of 28
(c) $25 (twenty-five) for the initial organizer training sponsored by the Executive Committee within 30 (thirty) days of entering the position; 18.8. Attendance at Delegate Council meetings is open to all TRAC members and invited guests. However, only Delegates may speak during the meeting without chair approval or a majority vote of the Delegate Council. Delegates are the only members who are reimbursed for Delegate Council meetings. 19. Article 19 Bargaining Committee 19.1. The Bargaining Committee will be chaired by the Bargaining Officer. 19.2. The process of forming the committee: (a)the Executive Committee will form a recommended committee before negotiations begin; (b)the eligibility guidelines for Executive Committee apply to Bargaining Committee; (c) the General Assembly will approve or amend the committee. 19.3. Once negotiations start, the committee shall not be modified unless necessary. 20. Article 20 Committees 20.1. The General Assembly, Executive Committee, and Delegate Council shall form committees to respond to specific requirements or emerging issues. 20.2. The body that created the committee shall decide on its composition, striving to maintain equity and representation of the members, and, if required, appoint its members and chair. 20.3. All committees so created are responsible to the office that created them. Page 20 of 28
21. Article 21 Codes of Rules of Procedure 21.1. The General Assembly, the Delegate Council, the Executive Committee, and all other committees are offices of the Local and are governed by PSAC’s Constitution and Regulations. 22. Article 22 Amendments to these Bylaws 22.1. All proposed amendments must be formulated as a motion placed in the notice of meeting, the General Assembly’s agenda, or presented to the floor, in order to be put to a vote at the General Assembly. 22.2. All amendments to these Bylaws require a two-thirds (2/3) vote of Members who are present. 22.3. The PSAC Constitution and Regulations shall govern in all matters that are not regulated by these Bylaws. 23. Article 23 Standing Committee on ByLaws and Resolutions 23.1. A standing committee will be appointed by the Executive Committee to conduct technical reviews of proposed changes and resolutions. (a)The by-laws and resolutions standing committee shall be chaired by an Executive Committee officer, preferably the Vice President, Grievance, or Bargaining officer, and open to members in good standing. (b)Technical reviews will make sure that resolutions, motions, and by-laws changes are in accordance with provincial and federal law, as well as PSAC’s constitution. (c) This committee will review proposals to ensure their compatibility with existing by-laws and other union obligations. If a proposal is deemed incompatible, the committee will communicate said technical problems with the submitter(s) of the resolutions, motions, and by-laws changes, Page 21 of 28
and allow them to resubmit after having corrected said incompatibilities. Once deemed technically sound, proposed changes and resolutions will be forwarded to the General Assembly for review. 24. Article 24 Policy Manual 24.1. The Local shall maintain a Policy Manual. The purpose of the Policy Manual shall be to: (a)Outline any official operational policies of the Union not indicated in these Bylaws (b)Provide information to Executive Committee members, Union employees and volunteers (c) Promote institutional memory and assist with the transition between Executive Committee members (d)Include an appendix indicating all of the political decisions and mandates established by the Delegate Council and the General Assembly. 24.2. The Policy Manual may be amended at any time by the Delegate Council or the General Assembly as long as the amendment does not contradict these Bylaws; it may also be amended at any time by the Executive Committee as long as the amendment does not contradict these Bylaws or a decision by the Delegate Council or the General Assembly. Page 22 of 28
APPENDIX 1 - TRAC Anti-Oppression Framework Whereas this APPENDIX constitutes a prism that should lead the actions and policies of any TRAC Executive Committee actions, the TRAC Anti-Oppression Framework is to be considered a guiding document, and not a legal or binding one. Land Acknowledgement TRAC Union is located on unceded and occupied territory of the Kanien’kehá:ka, who are recognized as the custodians of the lands and waters of Tiohtiá:ke/Montreal. Historically known as a gathering and meeting place for many Indigenous nations, Tiohtiá:ke/Montreal is today home to a diverse population of Indigenous and other peoples. We acknowledge that colonization persists and we urge our members to become involved in anti-colonial and Indigenous-led struggles and resistance in Tiohtiá:ke, or Montreal, and beyond. Preamble TRAC commits “to promote values of social solidarity, equity, tolerance and sharing to build a fairer society free of discrimination, violence, oppression and exploitation, a society that shall make it possible to ensure that” (TRAC By-Laws and Regulations, Article 4.1b). As members holding decision-making power within TRAC Union, members of the TRAC equity committee, the TRAC executive committee, the TRAC delegate councils and members of other TRAC committees commit to pursuing this goal by challenging oppression and by practicing the principles of allyship. TRAC recognizes that society is governed by systems of oppression and that the union itself is a vehicle for these systems of oppression. Therefore, TRAC executives, Delegate council members, committee members, and employees strive to practice anti-oppression in all aspects and at all levels of the union. It is important to note that anti-oppression is an approach, not a policy. Anti- oppression is an evolving lens “to analyzing our organizational structure, our cultural contexts (large and small) and our interpersonal relationships. It is a rich tool for understanding our world. It requires time, listening, and collective buy-in if we want to create real and lasting change” (COCo, 2019). The main purpose of this framework is not to implement a separate set of policies geared toward anti-oppression, but rather to make anti-oppression central to all of our work. Page 23 of 28
Review This policy is a living document that is meant to be re-examined and re-configured as part of an evolving process which will reflect changes in thinking surrounding anti-oppression. We invite constructive feedback from our members and the larger community to assist us in constantly improving our practice. The Quebec Charter of Human Rights and Freedoms supersedes this document. Any changes to this document must be approved by the Equity Committee and the Executive Committee. Definitions Discrimination may take two forms — direct or indirect. Direct discrimination refers to unequal or unfavourable treatment on the basis of a prohibited ground and indirect discrimination means equal treatment that has a disproportionate, negative impact on a particular individual or group. Oppression is the use of power or privilege by a socially, politically, economically, or culturally dominant group (or groups) to disempower (take away or reduce power), marginalize, silence or otherwise subordinate another social group or category. Oppression can be manifested through prejudice, discrimination, stereotypes, tokenism, colonialism, and systems. Systemic Oppression consists of practices, policies, laws and standards that disadvantage a particular group or category of people. Individual Oppression is demeaning and oppressive behaviour towards and treatment of a particular group or category of people, expressed through individual attitudes, beliefs and values. Anti-Oppression is the work of actively challenging and removing oppression perpetuated by power inequalities in society, both systemic oppression and individual expressions of oppression. Allyship is active support for marginalized individuals or groups from a position of relative privilege. Intersectionality is a framework which recognizes that multiple identities which may exist simultaneously ( e.g., race, gender, ability, etc.) overlap, intersect, and complicate experiences of marginalization and oppression. Policy Principles TRAC’s Anti-Oppression Framework is based on the following principles: Page 24 of 28
To actively identify, challenge and mitigate the effects of all forms of systemic and individual oppression as a result of power inequality expressed through attitudes, beliefs, values, and actions through a framework of intersectionality . These forms include, but are not limited to: Ableism; Classism; Ethnocentrism; Heterosexism; Imperialism; Racism; Settler-Colonialism; Sexism; Transphobia; Xenophobia. To put into practice our belief in the need to eliminate all forms of inequity, exploitation, and discrimination against peoples and individuals based on factors including but limited to : age, race, colour, culture, religion, creed, ethnicity, language, disability, socio-economic status, ancestry, sex, gender identity and expression, sexual orientation, family or marital status, number of dependents, record of offences, receipt of public assistance, citizenship, and residency/migratory status; To integrate equity, equality, inclusiveness, access and respect in all organizational decision-making processes, day-to-day practices, and programming; To actively practice the principles of allyship: Allyship is often critiqued in social justice circles because when people self-identity as an ally, it is often done as a passive gesture of support. We instead advocate taking an active stance alongside marginalized people, as outlined by the Montreal Urban Aboriginal Community Strategy Network: “Being an ally is about disrupting oppressive spaces by educating others on the realities and histories of marginalized people” (2019). Strategies Anti-oppression is not the sole responsibility of members from marginalized groups. All TRAC members, particularly the executives, delegates and committee members, share the responsibility of practicing anti-oppression and applying the following strategies through the principles of allyship in such a way that marginalized groups are not overburdened or harmed by the very people who seek to support them. Our Anti-Oppression Framework has five strategic components: 1. Prevention : It is the responsibility of the whole community to participate and educate themselves around issues of oppression. Identification: Paths must be made so that community members may identify their marginalized identities in a safe way, if they so choose. Such self-identification is often vital for one’s own sense of self and as a means to claiming space within the community. Accountability: The General Assembly will formally be responsible for ensuring that an anti-oppressive environment is maintained amongst executives, delegates, and members. The direction, policies, vision and planning through the General Assembly Page 25 of 28
must integrate principles of anti-oppression and diversity. The Delegate Council and Equity Committee are responsible for ensuring that all TRAC executives and committees integrate, demonstrate, and communicate this commitment in their projects. Sustainability : It is our hope that these workshops and statements are not a one time thing, but part of substantive shift within our community, and the larger Concordia campus at large. The work of anti-oppression is never done until systemic issues within our community, and beyond, are eliminated, and restorative justice is enacted. Structural change: Alongside sustainability, the creation of equity officer or standing equity group is one method within our own union to ensure continuous work around these issues. Successful policy change necessitates cultural change. Members should have the opportunity to have open conversations about the values of the union and the anti-oppression framework in the form of safe discussion sessions and cultural or artistic activities. Anti-oppression policies can only work if the members understand and adhere to the values behind them. Examples of policies and tactics: Prevention: Mandatory anti-oppression training for Concordia staff and student/ union representatives as well as TRAC executive, delegates and staff; Anti-oppression workshops and events; Duty to accommodate: TRAC has the obligation to tackle the needs of a diverse workforce and student body during its activities to the best of its capabilities (e.g.,e.g., translation, accessible space, childcare, etc) Awareness campaigns. 2. Identification: Self-identification of marginalized community members: example; Environmental scan: ask faculty, staff and students of every background and ability about the institution’s collegiality and climate and how well it is doing in its equity, diversity and inclusion work. Use the findings to gauge the institution’s effectiveness in retaining and advancing faculty members from underrepresented groups. It is important that the action plans are based on a thorough understanding of the institution’s own environment and challenges for it to be effective at increasing EDI. 3. Accountability: Clear and transparent hiring and recruitment process: clear, job-related criteria that are objectively and consistently applied are critical to a process Page 26 of 28
that is fair and equitable. Selection processes have a tendency to result in the hiring of people who resemble the people who do the hiring. An equitable process therefore starts with a diverse advisory committee (e.g., gender balanced committees) Moreover, the projects and tasks for which people are being hired or selected should reflect the diverse interests and needs of the membership, particularly those of marginalized members. Finally, hiring committees should promote the call for applications within marginalized communities or organizations representing marginalized communities. Clear and independent process to manage harassment/discrimination complaints and conflict: - Harassment and discrimination: if any member, including executives, or employee is experiencing harassment from another member, they can contact the PSAC regional office to discuss measures that can be taken against the perpetrator, including measures stated in Section 25 (discipline) of the PSAC Constitution. Power relations exist within unions. Therefore, members are not immune to experiencing to harassment and discrimination from within their own union, including from fellow members, Delegates and executives. Conflict: if any member, including executives, or employee is experiencing conflict from another member, they can request mediation services from an appropriate body outside of the union (e.g., professional mediator, Concordia Office of Rights and Responsibilities). Every members has the right to work, study and participate in a respectful and safe environment. A toxic environment can further discourage or prevent the participation of marginalized members in their union, the academia and their profession. TRAC Equity Committee Reports: TRAC Equity Committee will evaluate and present recommendations of the union’s activities and work to the Delegate Councils and the Members’ Assembly. Sustainability: Collaboration with other community organizations and Concordia University (e.g., Concordia University committees, Concordia Sexual Assault Resource Centre, CSU, GSA, student associations, Centre for Gender Advocacy, Critical Feminist Activism and Research, and more). 5. Structural change: By-Laws Changes: to integrate the principles and practices of anti-oppression in the TRAC By-Laws as well as to institutionalize the Equity Committee (have it as a Standing Committee); Page 27 of 28
TRAC Equity Office: have a TRAC Equity Officer elected by the Members’ Assembly for a year-long mandate to promote and demonstrate anti-oppression practice; share guidance and guidance in all areas of equality assess community needs (liaising with community groups and the Concordia University); respond to and report any incidents of discrimination, ensuring the respect of anti- oppression frameworks and policies at TRAC and at Concordia University, maintain up to date knowledge of anti-discriminatory legislation, lead on the coordination of training and workshop; Diversity and Gender Balance in all TRAC decision-making bodies such as the TRAC Executive Committee, Delegate Councils. APPENDIX 2 — Delegate Formula The following formula will be used as a guideline for the number of delegates allocated for each department: n = Number of members in each department 1
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