I have reviewed all information that I have received on behalf of the National President’s Office. The Committee on Constitutional Matters requested written correspondence from the Local Union and the appellants and has now completed its investigation into their request for Review of Decision of your election.
In addition, the Committee on Constitutional Matters contacted the Unifor Ottawa Office for information relative to the approval process of Local Union By-Law amendments prior to the creation of Unifor.
On September 30, 2014 I responded to a member of Local 1996-O by email who had copied me on a question to you regarding the nomination form available to members in your Local Union. He directly asked me for my input and a ruling on the attached form through email. By this time, two other members had also contacted me by email.
I subsequently responded to the member regarding the form just as I do any other members or Leadership who contact me. I provided an opinion as to whether or not the form and the intent behind the by-law are in fact constitutional according to the Unifor Constitution.
My response was as follows:
I have reviewed the attached document relative to elections that may be forthcoming within the Local Union. I would be more than happy to discuss this and any other concern that may originate prior to the elections taking place because as we all know, Unifor is an entirely new Union with different rules and procedures than existed in each of our predecessor Unions.
In reviewing the attached, I can say that it is my opinion that the provision to require a member to currently hold an elected Chief Steward position in order to seek an Executive Board Office such as those listed would be unconstitutional. I am not aware of what is contained in the Locals by-laws as a revised set has not been sent to me as of yet for approval but I can say if that requirement is contained within, it will not be approved.
As you can see from the above noted response, I indicated that the provision restricting Executive Officer positions to currently elected Chief Stewards would be considered unconstitutional and would not be approved by the National Executive Board. I did however say that I was not aware of what was contained in the Local’s existing by-laws as I did not have a copy when questioned.
I have since been provided with a copy and clearly that provision is contained within Article 13, Section 1 which reads;
ARTICLE 13 – NOMINATION AND ELECTION OF LOCAL EXECUTIVE AND STEWARDS
Section 1- Nominations
a) Local Executive shall be nominated from the existing Chief Stewards in October every third year of term.
b) Chief Stewards shall be nominated from the existing Stewards, in April every third year of term. The nominee must be a currently existing Steward for a minimum of one year.
c) Stewards shall be nominated in March of every third year of term.
In addition, you have provided me with a copy of a letter from Brother Dave Coles approving the above noted by-law change in December of 2012.
Also, it was raised by the appellants that the by-law change didn’t follow the required procedure with the former CEP for approval although I did not find that to be the case. The letter dated December 10, 2012 from Brother Dave Coles clearly acknowledges receipt of letters from XXXXXXXXX, Recording Secretary of the Local dated November 26, 2012 and that those bylaw changes were approved in accordance with the procedure in the CEP Constitution at the time.
I thank the Local for recognizing at the December 14, 2014 General Membership meeting that the by-law as it exists today is too restrictive. In addition on February 26, 2015 you sent the National Union a summary to help clarify the sequence of events which included a statement as follows; “With the benefit of hindsight, and as explained in more detail below, we now feel that this provision is too restrictive and should be changed”. As previously stated the Local will have to amend that particular provision prior to sending revised by-laws to the National Executive Board for approval. Article 13, Section 1 a) is considered unconstitutional based on the Unifor Constitution.
Under the merger agreements between our former Unions, both CEP and CAW, Local Unions will be given up to three years to conform to the Unifor Constitution. There are approximately 760 Local Unions within Unifor who need to revise their by-laws. Many Locals have taken the approach that if they reach out for assistance or advice on a particular item contained in their by-laws, and find it to be in contradiction of the Unifor Constitution, they forego or ignore that particular provision. Your Local has chosen not to and wishes to rely on your approved by-laws and declare the election final with all Executive Officers elected by acclamation. The National Union intends to respect the merger agreements signed by our former Unions and therefore does not intend to compel the Local to hold new elections in accordance with the Unifor Constitution at this time.
Therefore, based on the foregoing, Local 1996-O elections will stand as final under the existing by-laws of the Local Union; however the term of office is being shortened so that a new election for the four Executive Officer positions must be completed by no later than July 31, 2016, which is prior to the next Unifor Constitutional Convention. Should a vacancy develop with regards to any of the current Executive positions, an election must take place in accordance with the Unifor Constitution.
I can be reached at 1.800.204.3121 Ext. 2224 if you have any questions.
In solidarity,
Rick Garant,
Director of Constitutional Matters
Unifor
