By-laws Amendments

5 December 2001

Contents

By-law 1. Election procedures
By-law 2. Collective bargaining process
By-law 3. Equity Subcommittee
By-law 4. Grievance Subcommittee
By-law 5. Defence Fund
By-law 6. Arbitration Fund
By-law 7. Stewards
By-law 8. Recognised Caucuses
By-law 9. Accountability & Compensation of Officers of the Association
By-law 10. Representative organisation for associate members

1. Election procedures

a. The minimum nomination period in any election or by-election shall be two weeks. Nomination periods may be extended at the discretion of the Executive Committee.

b. Elections shall be conducted by campus mail ballot. No proxy votes or email votes will be counted by the Returning Officer.

c. No less than two weeks shall be allowed between the mailing of ballots and the deadline for returns.

d. Notification of any and all nominations shall be posted to the relevant constituency in a timely manner and through a widely available medium (campus mail, email).

2. Collective bargaining process

a. Within two weeks of ratification of the primary bargaining position by the membership, the Executive Committee shall appoint five members of the bargaining unit to the collective bargaining team. Appointments must be made by a vote of two-thirds of Executive members present and voting. No more than two members of the collective bargaining team shall be members of Executive Committee.

b. The Executive Committee shall give notice of appointment of the collective bargaining team to the membership as soon as possible following their appointment.

c. The collective bargaining team may add non-voting advisors at its discretion.

d. The collective bargaining team shall name one of its members as Chief Negotiator, who shall become a non-voting member of Executive and shall report regularly to the Executive.

e. During the period of collective bargaining, the Executive shall: supervise, receive reports from, and instruct the collective bargaining team; remove and/or replace members of the collective bargaining team by a two-thirds-majority vote; report regularly to the membership on the progress of collective bargaining; take such initiatives as are required in support of the collective bargaining process, e.g., communications, political action, job action.

f. The collective bargaining team shall: negotiate the terms of renewal of the Collective Agreement; develop counter-proposals in the course of bargaining with the Employer; report regularly to the Executive in light of its mandate and the evolving bargaining priorities; report to the membership at the Executive's request; seek and receive instructions from the Executive regarding any significant departure from its mandate; present tentative or proposed agreements to the Executive Committee for its approval.

3. Equity Subcommittee

a. There shall be an Equity Subcommittee of at least five members. In constituting the Equity Subcommittee, the goal is to ensure breadth of representation and expertise. Each appointee to a position on the Equity Subcommittee shall provide a brief statement to the Executive prior to appointment concerning his or her expertise and background in equity issues and his or her particular interest in serving. Members shall be appointed for one year. The Equity Officer shall be Chair of the Equity Subcommittee.

b. The Equity Subcommittee shall exist to facilitate, advance, and advocate for the reduction and removal of inequities at York University, with regard to issues such as hiring, tenure and promotion, salaries, and retirement. These include inequities on the basis of gender, race, sexual orientation, disability, age, ethnicity, religion, political belief, language, culture, and other forms of discrimination. Specifically the Equity Subcommittee's responsibilities include: drafting contract proposals on equity issues; analysing the current Collective Agreement for biases and anomalies; ensuring more diverse representation in YUFA and on joint committees; facilitating, in consultation with the Grievance Subcommittee, the resolution of grievances that deal with equity issues at both the individual and policy levels; ensuring that equity issues are addressed within YUFA; working to educate YUFA members and others at York on equity issues; fostering discussion and understanding within YUFA and at York on equity questions and how they may be addressed.

4. Grievance Subcommittee

a. There shall be a Grievance Subcommittee of at least seven members. In appointing the Grievance Subcommittee, the goal is to ensure breadth of representation and expertise. The Chief Stewards shall chair the Grievance Subcommittee.

b. The responsibilities of the Grievance Subcommittee shall include: assisting the Chief Stewards in handling individual/group grievances; formulating and recommending to the Executive Committee the position of the Association on policy grievances; recommending to the Executive Committee whether or not to proceed to arbitration on specific grievances; overseeing the work of Stewards in dealing with the complaints and grievances of members of the bargaining unit; monitoring the application of the provisions of the Collective Agreement; assisting the Executive Committee in supervising the implementation of the Collective Agreement; co-operating with organizing activities of the Association when necessary.

c. A member who wishes to appeal the disposition of her/his individual grievance by the Chief Stewards or the Grievance Subcommittee may appeal to the Executive Committee. The member may subsequently appeal the decision of the Executive Committee to the Stewards' Council.

5. YUFA Defence Fund

a. An amount equal to five per cent of the annual membership fees shall be transferred from the operating fund into the YUFA Defence Fund each year that the total balance in the Fund falls below $900 000. The Fund will provide strike defence for YUFA members in the event of a strike or other dispute.

b. The interest earned on the YUFA Defence Fund's resources in any one year may be transferred, wholly or in part, into the operating fund of the Association so long as the YUFA Defence Fund's resources maintain a balance of $750 000 or more.

c. The Executive Committee may empower, at its discretion, the Treasurer to borrow a sum not greater than the total membership fees for the most recently completed fiscal year, if such funds be required to meet YUFA's obligations in strike defence either to its own members or to CAUT. In addition, the Executive Committee may empower, at its discretion, the Treasurer to borrow a sum not greater than the total membership fees for the previous three months to meet YUFA's obligations in strike defence of another union at York University. Any such loan to another Union must be deemed by the Executive committee to be in the best interests of the Association and of collective bargaining at York University. Notice of such loan will be given to the membership, and if within two weeks of such notice fifty or more members of the Association submit to the Executive Committee request for a vote at a special membership meeting to approve such a loan, such a meeting shall be held within one week. Further the Treasurer may pledge, assign or hypothecate any and all assets of YUFA for the purpose of providing security for such borrowing.

d. The Executive Committee may enter into any agreement with any financial institution to provide for the CAUT Defence Fund a stand-by credit up to an amount equal to $100 for each active member of YUFA.

e. The Treasurer may invest the resources of the Fund in short or long term commercial paper or similar investments, at his/her discretion. Such investments, for convenience, may be merged with those of other YUFA funds. The term of any such commercial paper or investments shall not exceed three years.

f. The Executive Committee, at its discretion, may empower the Treasurer to assign or pledge future transfers to the YUFA Defence Fund to any lending institution which has advanced resources for strike defence purposes.

g. The Executive Committee may empower, at its discretion, the Treasurer to assign, pledge or hypothecate the investments or other resources of the YUFA Defence Fund as security for any borrowing required to meet YUFA's obligations in strike defence.

h. In the event that the Executive Committee wishes to use the resources of the YUFA Defence Fund for any purpose other than strike defence, the Executive shall give notice to the membership and seek its approval at a General Meeting.

6. Arbitration Fund

a. An amount equal to the estimated cost to YUFA of thirty days of arbitration and similar matters shall be transferred from the general surplus to an Arbitration Fund. This Fund will be maintained at that level, except that annual adjustments reflecting current legal costs, shall be made by a charge against the current operations of YUFA.

b. As the purpose of the Fund is to guarantee to the members of YUFA that financial resources are available to provide arbitration and similar support under any circumstance, even the most adverse, the Treasurer is to maintain the Fund in a liquid condition by investing its resources prudently in short term commercial paper or similar investments. Such investments, for convenience, may be merged with those of other yufa Funds.

c. The interest earned on the Fund's resources shall be retained within the Fund and used solely for arbitration purposes. If the total balance in the Fund exceeds $120 000, the interest earned on the Fund's resources in any one year may be transferred, wholly or in part, to the operating fund of the Association.

d. The normal cost of arbitration and similar services should be charged against current operations. In the event that in any fiscal year the cost of arbitration and similar services exceeds the average actual cost of such activities over the proceeding three years, then the Treasurer may pay such excess of the fees for arbitration from the Arbitration Fund, in that year.

e. The transfers referred to in (a) above, will be the lesser of the amount required in (a) and an amount which will reduce the general account surplus to nil at the end of the fiscal year.

f. The Executive Committee may empower, at its discretion, the Treasurer to assign, pledge or hypothecate the investments or other resources of the Arbitration Fund as security for any borrowing required to meet YUFA's obligations in strike defence.

g. In the event that the Executive Committee wishes to use the resources of the Arbitration Fund for any purpose other than set out in (b) above, the Executive shall seek approval the approval of the Stewards' Council.

7. Stewards

For purposes of Article 4.3 of the Constitution, the following are the Representative Groups of departments/units and Recognised Caucuses. Normally, Representative Groups shall be based on academic units of fifteen or more YUFA members. For purposes of representation, academics units of less than fifteen YUFA members shall be grouped with one another or with larger units to form Groups of fifteen or more. For purposes of designating the constituent members of the academic units, members of the bargaining unit shall be considered to belong to the unit designated by them as their 'home' unit for purposes of merit pay, tenure and promotions, &c.

* Numbers are based on latest membership lists provided by the Employer and will be updated as more current lists are provided.

8. Recognised Caucuses

a. The following are the Recognised Caucuses of the Association:

• First Nations Caucus
• People of Colour Caucus (pending)
• Queer Caucus (pending)

b. From time to time, the Equity Officer shall recommend to the Executive Committee the recognition or de-recognition of Caucuses.

9. Accountability and Compensation of Officers of the Association

a. Compensation for Officers of the Association shall form a part of the annual budget pursuant to Article 3.5.c of the Constitution. An officer serving partial terms pursuant to Article 6.4 or 6.5, shall be eligible pro-rata for any course release or other compensation regularly offered by the Association to that Officer.

b. Prior to 1st September in each year, the Executive Committee shall develop a work plan for the year, including the work plans for each Officer, and shall present them to the Stewards' Council and to the membership in a widely available medium (campus mail, email, website).

c. The Executive Committee shall, at the initiative of the President and Chief Stewards, recommend annually to Council a general organising plan, which shall include a summary of budgetary implications.

d. On or about 1st January and 1st April, the Executive Committee shall report to the Council its progress in completing the work plan and any amendments to the plan. The reports shall be shall presented to the membership in a widely available medium (campus mail, email, website) and shall be an agenda item at the next General Meeting.

10. Representative organisation for associate members

The Executive Committee, at its discretion, may from time to time recognise a representative organisation for Associate Members. Effective 15th May 1996, the Executive Committee recognises the Association of Retired Faculty (ARF) as the representative organisation for Associate Members.