HESU - Hospital Employees' Staff Union

ARTICLE I — Name

1.1 The Union shall be known as PEA - HESU Chapter.

ARTICLE II — Objects

2.1 The Union has as its objectives:

a) The advancement of the social, economic and general welfare of staff personnel;

b) The improvement of wages, salaries, working conditions, job security and other conditions of employment;

c) The promotion of efficiency and effectiveness in the service of the employer generally.

2.2 The objectives of the Union are to be accomplished through and by the following methods:

a) Establishing co-operative relations between the Employer and the Union;

b) Cooperating with the other labour bodies and unions affiliated with the Canadian Labour Congress;

c) Co-operating with such other labour bodies as may be deemed necessary and acceptable to this Union.

ARTICLE 3 – Jurisdiction and Membership

3.1 Employees of the Hospital Employees’ Union shall be eligible for membership in PEA-HESU Chapter and such other persons or groups may be determined by the Staff Union.

ARTICLE 4 – Government and Structure

4.1 The government and structure of PEA-HESU Chapter- shall be as follows:

a) Executive Board

b) Shop Stewards

4.2 No member or representative of the PEA-HESU Chapter shall have the power to act as an agent for the Union or otherwise bind the Union except the Executive Board or, in other than interest disputes, such member or representative that Executive Board may so designate.

ARTICLE 5 – Quorums

5.1 A majority of the Executive Board shall constitute a quorum of the Executive Board.

5.2 The PEA-HESU Chapter quorum for local meetings shall be set at 30 members.

5.3 The PEA-HESU Chapter quorum for bargaining conferences shall be set at 30 members.

ARTICLE 6 – Executive Board and Shop Stewards

6.1 The Executive Board shall consist of the:

• President
• Vice President
• Secretary
• Treasurer
• Trustee
• Chief Shop Steward
• Clerical Shop Steward

6.2 Shop Stewards from each geographic region – North, Okanagan, Kootenays, Vancouver Island and 4 from the Provincial Office shall be appointed by the Executive.

6.3 The term for the Executive and Shop Stewards shall be two years.

ARTICLE 7 – Roles and Responsibilities

7.1 The President shall function as the Chief Executive Officer of the Union. The President shall exercise supervision over the affairs of the Union, sign all official documents, preside at Union meetings and all meetings of the Executive Board.

7.2 It shall be the duty of the President to promote the welfare and purpose of the Union. The President shall have the sole authority to interpret this Constitution subject to appeal to the Executive Board of the Union. Such appeals shall be in writing.

7.3 The duty of the Vice-President, in the absence of the President, shall be to preside over the meeting of the Union and of the Executive board and shall perform such other duties as may be assigned.

7.4 The Secretary shall be in charge of books, documents, files and effects of the Union (other than the financial documents retained by the Treasurer), which shall be subject to the inspection of the President and Trustee or such other person as the Union may direct.

7.5 The Secretary, subject to the approval of the President and the Executive Board, or in the absence of the President, the Vice-President, shall issue the “call” for all Union meetings and shall cause the proceedings of such meetings, including any meetings of the Executive Board, to be fully and impartially recorded.

7.6 The Treasurer shall be in charge of all financial documents and property of the Union which shall be subject to the regular inspection of the President and Trustee or such other person as the Union may direct.

7.7 The Treasurer shall receive all monies payable to the PEA-HESU Chapter and deposit such funds to accounts in the name of the Union in such chartered bank or credit union as the Executive Board may direct.

7.8 The Treasurer shall, with the approval of the Trustee or designate, pay all bills, accounts and such other expenses as authorized by the Union or by the officers aforementioned, provided such bills, accounts or expenses are properly incurred on behalf of the PEA-HESU Chapter

7.9 The Treasurer shall annually prepare, for the annual general meeting or as required, financial statements in accordance with generally accepted accounting principles, to be distributed to all Union members.

7.10 The signing officers for all cheques shall be any two (2) of the following four (4) officers: President, Vice President, Secretary, and Treasurer.

ARTICLE 8 – Elections

8.1 To be eligible for election or re-election to any office, candidates must be a member in good standing for a period of not less than six (6) months.

8.2 All offices shall be elected by a simple majority vote; such elections shall be by secret ballot.

8.3 The election of each office shall be completed before nominations may be accepted for any subsequent office.

8.4 The term of office of all elected officers shall commence immediately following the adjournment of the meeting of the Union at which they are elected.

8.5 In the event of a vacancy in the office of President, the Vice-President shall perform the duties until a successor is elected.

8.6 In the event of a vacancy in any office, the Executive Board shall have the power to appoint a member in good standing, to fill the vacancy until the annual general meeting.

8.7 A member who is absent from the annual general meeting may submit in writing to the Secretary, prior to the AGM, their willingness to stand for a position, if so nominated. The member must be in good standing for a period of net less than the last six (6) months.

ARTICLE 9 – Term of Office and Method of Electing Officers

9.1 All offices shall be for a term of two (2) years.

9.2 All elections shall be by secret ballot – one member, one vote. A majority of votes cast shall be required before any candidate can be declared elected, and second a subsequent balloting shall be taken, if necessary, to obtain such majority. On the second and subsequent balloting, the candidate receiving the lowest number of votes in the immediately preceding ballot shall be dropped. In the case of a final tie vote, the deciding vote shall be cast by the presiding officer.

ARTICLE 10 – Revenue - Union Dues and Assessments

10.1 The Union dues, payable monthly by the members of the PEA-HESU Chapter shall be by payroll deduction and shall be such sum as from time to time determined by the Union at the annual general meeting.

10.2 The Union dues shall be two percent (2%) of each member’s gross wages as per the wage schedule.

10.3 In special circumstances, assessments may be made, provided that a simple majority of the members voting approve such assessment. Assessments may be invoked at any time and shall be voted upon by members, either at a meeting called for such purpose or by electronic vote.

10.4 The Chapter will continue to make short term deposits which can be used for the purpose of strike and job action related activities.

ARTICLE 11 – Order of Business

11.1 Meetings of the PEA-HESU Chapter shall be governed by the following provisions:

a) Roll Call of Officers

b) Initiation of New Members

c) Review of Minutes

d) Matters arising from Minutes

e) Correspondence and Bills

f) Treasurer’s Report

g) Trustee’s Report

h) Report of Committees and Delegates

i) Nomination and Election, and Installation of Officers

j) Unfinished Business

k) New Business

l) Adjournment

ARTICLE 12 – Rules of Order

12.1 All rules and proceedings of debates shall be governed by “Bourinot’s Rules of Order”.

ARTICLE 13 – Annual General Meeting

13.1 An annual general meeting shall be held in December of each year:

a) to consider changes in the Constitution and By-Laws of the Union,

b) to consider changes in the Dues structure,

c) to consider any other matter that any member wished to bring forward.

d) to conduct elections

Further, the direction of the membership in attendance at this meeting through a simple majority vote on any motion shall determine the course of action of the Executive Board.

ARTICLE 14 – Bargaining Committee

ARTICLE 14 – BARGAINING COMMITTEE

14.1 The Bargaining Committee shall be composed of four (4) members and three (3) alternate members plus the President. The spokesperson shall be the PEA Labour Relations Officer.

14.2

a) All Bargaining Committee members shall be elected by a simple majority vote; such elections shall be by secret ballot.

b) The election of each Committee member shall be completed before election of the next; with one name on the ballot only.

14.3

a) Alternates will be elected by single ballot; with three (3) names on the ballot.

b) The three (3) candidates receiving the highest number of votes shall be deemed elected; the first alternate receiving the highest number of votes, the second alternate receiving the second highest number of votes and the third alternate receiving the third highest number of votes.

14.4 The Bargaining Committee shall report directly to the Executive Board.

14.5 Bargaining Conference

a) A Bargaining Conference shall be held prior to the reopening dates of the collective agreement.

b) The Bargaining Committee shall prepare a conglomerate of similar bargaining ` demands.

c) All bargaining demands submitted by the membership (including those as in a) above, shall be presented to the membership prior to the Conference.

d) Every effort shall be made to forward the bargaining demands to the membership three weeks prior to the Conference.

e) The committee shall recommend ‘concurrence’ or ‘non-concurrence’ on each demand.

f) Prior to referring any collective bargaining matter to the mediation board, the bargaining committee will make a full and complete report to a membership meeting. Such referral shall not be made unless a majority vote of those attending the membership meeting is obtained and that any ratification vote be after a full report to the membership.

14.6 A comprehensive written report on the proposed terms of settlement shall be provided electronically to each member at least five (5) days prior to the ratification vote.

14.7 All voting on terms of settlement shall be by secret ballot, which may include electronic voting. The Executive Board will determine the dates and times, and will appoint scrutineers if necessary.

ARTICLE 15 – Strike/Job Action

ARTICLE 15 – STRIKE / JOB ACTION

15.1 Consent to strike must be secured by majority vote of the members voting and the vote must be by secret ballot, which may include electronic voting, cast at a regular or well-advertised special meeting(s) of the Union.

15.2 The extent, scope and location of strike/job action must be approved by the Executive Board who shall determine under what circumstances and when strike/job action assistance shall be paid.

15.3 In the event of an authorized strike/job action, PEA shall pay salary and benefits according to policy. In the event that the aforementioned pay is reduced as a result of the employer billing PEA for benefits, the PEA-HEU Chapter shall reimburse the employee the amount of the reduction.

In order to be entitled to strike/job action/picket pay a member must fulfill twenty (20) hours of strike/job action or picket duties subject to local scheduling requirements and may be pro-rated.

Strike/job action/picket pay shall be payable from the first day of any authorized strike/job action.

15.4 A temporary dues increase equivalent to one hundred percent (100%) of their net daily earnings will be applied on an hourly basis to any member who crosses a legally established picket line to report to work.

ARTICLE 16 – Charges, Trials and Penalties

The democratic principles of trade unionism to which the Union subscribes, require that every member shall be entitled to be notified in writing of charges preferred against them, an opportunity to be heard in their defense and a fair trial. Only after such procedure has been followed can any penalty be imposed.

16.1 Principles of Natural Justice, Trial Panel, Right to Challenge Determination:

a) A member may be charged for cause. The Executive Board, having satisfied itself that its information is complete, and after having considered such information, shall decide whether or not to proceed with Charges, Trials and Penalties. Prior to determining whether or not to proceed with Charges, Trials and Penalties, all the information received by the Executive Board shall be reviewed by an outside Consultant, who shall furnish a written report to the Executive Board. The Executive Board shall appoint the outside Consultant.

b) The President shall have prepared a list of all PEA-HESU Chapter members in good standing. The name of each member shall be on an individual slip of paper and placed in a container. The President shall draw ten (10) names from the container and these shall constitute the Trial Panel.

c) The accused and the accuser shall each have the right to challenge two (2) members on the Trial Panel. The first of six (6) unchallenged members shall constitute the Trial Panel. Of these six (6) members, the last two (2) shall serve as alternated to the Trial Panel. The President shall appoint one of the members on the Trial Panel to act as Chairperson.

d) In the event of a determination which confirmed the validity of the charge or charges, the panel may expel, suspend, fine, or otherwise discipline such member. The determination shall be put into writing. Should the Trial Panel then act further, the accused and accuser shall receive a copy of the determination.

16.2 Emergency Suspension, Reimbursement:

a) Where in the opinion of the Executive Board, a member engages in activities which are seriously detrimental to, or jeopardizing the interests or welfare of the Union, the Executive Board may immediately discipline such member, discipline shall include:

i. Written warnings

ii. Suspensions and termination of membership in the Union, any disciplinary suspension or termination of membership in the Union shall remain in effect until a determination has been rendered by a panel struck from members in good standing as provided in 16.1 above. A hearing shall be scheduled with seven (7) days of the suspension or termination of membership.

b) The Union shall reimburse to members found innocent of the charge or charges against them, all expenses so incurred related to the hearing, including loss of wages.

16.3 Appeal

Any member dissatisfied with the determination by a panel of members in good standing upon hearing of charges may appeal to the Annual General Meeting. The decision of the Annual General Meeting shall be final.

ARTICLE 17 – Meetings

17.1 There will be no less than 3 meetings a year, which will coincide with HEU Staff meetings. One such meeting shall be in December meeting and shall be the Annual General Meeting.

17.2 The meetings shall be at any time during the months mentioned in 17.1 above, at the discretion of the President.

ARTICLE 18 – Obligation of Officers and Executive Board Members

I, ___________________________ in the presence of these witnesses, do hereby swear that I will carry out the duties of my offices to the best of my ability, and upon the completion of my term of office, surrender to the Union or successor in office all property of the Union in my possession.

ARTICLE 19 – Initiation of New Members

I, ___________________________ in the presence of these witnesses, do hereby swear that I will abide by the Constitution and By-Laws of the Union, and that I will make every effort to attend its meetings, and at all times conduct myself in an honourable and orderly manner, and be charitable in my judgement of my fellow members, and never from selfish motives wrong a fellow member or see them wronged if in my power to prevent it.

Policies and Resolutions

Policies and Resolutions can be found within the HESU Constitution below