ARTICLE I - NAME

The Association of Graduate Students Employed at McGill, as established in Montreal on February 12, 1992 is an employees association within the meaning of the Labour Code. The Association of Graduate Students Employed at McGill is hereinafter referred to as the union.

ARTICLE 2 - HEADQUARTERS

The union headquarters is situated at 1601, De Lorimier, in Montreal.

ARTICLE 3 - JURISDICTION

The union's jurisdiction includes all Teaching Assistants (T.A.s) and Lab Demonstrators employed at McGill University (hereafter, “McGill”) and may also cover any other employee.

ARTICLE 4 - UNION OBJECTIVES

The union subscribes to the declaration of principles of the CSN and has as its objectives the examination and improvement of the social, professional, economic and political interests of its members. These goals shall be pursued collectively and include the negotiation and conclusion of a collective agreement, precluding any form of discrimination based on race, sex, language, age, political opinion or affiliation, religion, sexual orientation, social class, ethnicity, or physical or mental disability. The union shall also seek to ally itself with similar union organizations.

ARTICLE 5- UNION AFFILIATION

The union is affiliated to the Confédération des Syndicats Nationaux (CSN), the Fédération nationals des enseignantes et des enseignants du Québec (FNEEQ, the “federation”) and the Conseil Central (Central Council) de Montréal. The union shall abide by the constitutions of the organizations mentioned above in the present article, and shall act accordingly.

The union agrees to pay monthly the per capita dues that have been set by these different organizations to which it is affiliated. Any officer or delegate of the above-mentioned bodies shall have the right to attend any union meeting and participate in the deliberations, but shall not be entitled to vote.

ARTICLE 6 - DISAFFILIATION

A resolution of dissolution of the union or disaffiliation from the CSN, the federation or the central council, cannot be discussed at a union meeting unless a prior notice of said motion has been given ninety (90) days beforehand. The said notice of motion must be presented, and discussed at a duly convened, regularlyscheduled or special general meeting.

The general assembly convocation notice must indicate the reasons for which a dissolution or disaffiliation proposal is demanded. Once a notice of motion for the discussion of dissolution or disaffiliation from the CSN has been presented, copy of the said motion must be forwarded to the secretary-general of the central council, of the federation and of the CSN. The said notice of motion must be forwarded at least ninety (90) days prior to the holding of the meeting.

The authorized representatives of the central council, of the federation and of the CSN shall be duly entitled to attend the meeting where the resolution is to be discussed, and they may give their point of view if they so desire. For the resolution of dissolution or disaffiliation to be duly adopted, approval by the majority of the paid-up membership of the union is required. 4

If the union should disaffiliate from the CSN, or be suspended or expelled from the latter, the union shall remit to the CSN union dues in the amount corresponding to the three months of dues immediately following the disaffiliation, suspension or expulsion.

ARTICLE 7 - REQUEST FOR CERTIFICATION

The withdrawal of a request for certification cannot be decided without the agreement of a duly mandated CSN representative.

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ARTICLE 8 - DEFINITION

Members shall enjoy the rights set out in the present constitution, provided that they satisfy the eligibility criteria defined in Article 9, as well as the conditions specified in Article 10. Each member has the right to obtain one copy of the collective agreement as well as one copy of the present constitution.

ARTICLE 9 - ELIGIBILITY

To belong to the union and to remain a member, one must:
a. be registered as a graduate student at McGill, under any of the following circumstances:
        i. in one’s residency period;
        ii. in an additional session;
        iii. working towards a graduate degree;
                AND
        · be employed in a position under the union’s jurisdiction (i.e. as a T.A. or Lab Demonstrator); or
        · be a current member of the union’s executive committee; or
        · have been in a position under the union’s jurisdiction, or on the union’s executive committee within the previous 12         months; or
        · have been laid off from a position under the union’s jurisdiction, yet still maintain the right to be recalled; or
        · have been dismissed, but have a filed grievance, sustained by the union, with respect to the dismissal;
        or
        · be on paid or unpaid leave; or
        · be on strike or be locked out from a position under the union’s jurisdiction.
b. abide by the present constitution and comply with the union’s bylaws.
c. pay the union dues set by the union’s general meeting.
d. not belong to any other association whose objectives are in conflict with those of this union, as defined by
     Article 4.

ARTICLE 10 - JOINING THE UNION

All new employees will have union coverage upon hiring. To become a union member, an employee shall sign the membership form.

ARTICLE 11 - UNION DUES

The union dues that each employee must pay to the union are determined by the union's general meeting in the form of a By-Law.

ARTICLE 12 - PRIVILEGES

Only members in good standing as per Article 9 shall benefit from the privileges conferred by the present union constitution. They may examine the union's books and meeting minutes on the day of or during any union meeting, or when the union office is open, provided that a request is made in writing at least seven days in advance.

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ARTICLE 13 - RESIGNATION

Any member submitting their resignation from the union shall forfeit all union advantages and privileges. The said resignation must be submitted in writing to the executive committee of the union.

ARTICLE 14 - SUSPENSION OR EXCLUSION

Any member shall be liable to a suspension or an exclusion from the union by the union's executive committee if she or he:
a) neglects to abide by commitments made to the union.
b) causes a serious prejudice to the union.
c) is active in, or spreads propaganda in favour of, associations that are detrimental to the interests of the
    members of the union.

Any member who has been suspended or excluded from the union shall lose the right to all union benefits
and advantages as long as the suspension or exclusion has not been lifted.

ARTICLE 15 - SUSPENSION AND EXCLUSION PROCEDURES

a) The suspension or exclusion of a member shall be declared by the union's executive committee.
b) The decision of the executive committee shall only take effect upon ratification by the union's general meeting.
c) Before declaring the suspension or exclusion, the executive committee must give the said member at least eight (8) days     notice, inviting him or her before the committee to explain and defend their position, and indicating, in writing, the     charges against the member as well as the time and the place of the proposed encounter.

ARTICLE 16 - RECOURSE AND APPEAL PROCEDURE

The suspended or excluded member has the following recourse:
a) If the member, whose suspension or exclusion has been declared by the union's executive committee and subsequently     ratified by the general meeting, wishes to appeal the decision, he or she must do so by informing the secretary of the     union's executive committee within the ten (10) calendar days following the ratification vote by the general meeting.
b) In the case of an appeal, the appellant shall nominate someone to act as his or her representative on the appeal panel,     and the executive committee of the union shall do the same.
                a. Both representatives shall then try to agree to the appointment of a presiding panel member; failing such                      agreement  the executive committee of the central council shall make the choice.
                b. If both parties agree, a sole arbitrator may replace the panel.
c) The two respective panel representatives must be nominated within ten (10) calendar days from the date that the appeal     is filed; the designation of the president by the executive of the central council must be accomplished within the ten (10)     calendar days that they are seized of the matter.
d) The designated panel shall itself determine the procedure it wishes to follow; however, the panel must hear the     submissions of both parties before rendering a decision.
e) The unanimous or majority decision of the panel shall be final and binding on both parties. It must be rendered within the     shortest possible lapse of time.
f) If the member should win his or her appeal, the union shall assume the entire cost of the appeal procedure including any     loss of earnings if applicable; however, should the member lose the appeal he or she must assume the responsibility of     the payment of his or her representative's fees and expenses as well as his or her share of other expenses incurred,     resulting from the submission of the case to the appeal panel.
g) The expenses of the president of the panel shall be assumed by the union.
h) If both parties agree on the choice of a sole arbitrator, the union shall assume all the expenses of the case.
i) The suspension or exclusion of said member shall remain effective throughout the appeal procedure.

ARTICLE 17 - REJOINING THE UNION

To rejoin the union, a member who has resigned must be re-accepted by the union's executive committee.

A member who has been suspended or excluded from the union can rejoin the union pursuant to the conditions determined by the union's executive committee or by the general meeting, as the case may be.

ARTICLE 18 - UNION STRUCTURES

The union shall be governed by the following structures:
a) the general meeting
b) the union council
c) the executive committee

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The general meeting shall be made up of all the members in good standing of the union.

ARTICLE 20 - ATTRIBUTES OF THE GENERAL MEETING

The general meeting is the highest authority of the union. More specifically it has the following attributes:
a) to determine the overall policies of the union.
b) to elect the union's executive.
c) to receive, to amend, to accept or to reject all reports and accounts forwarded from members of the union,
the union council and the executive committee.
d) to ratify, to amend or to annul any decision forwarded from the union council or the executive committee.
e) to create any committee that it deems necessary to fulfill the union's functions and particularly, to
designate the bargaining committee for the collective agreement.
f) to decide upon the union's contract proposals, to accept or reject the employer's offer(s), to decide on
strike action or any other pressure tactic(s).
g) to modify the union's constitution.
h) to set the amount of union dues.
i) to vote upon annual budgets that have been submitted for approval by the union's executive committee.
j) to dispose of the auditing committee’s report and all other documents related to the administration of the
union's funds.
k) to act upon and to decide on all matters that are so judged to be in the interests of the proper functioning
    of the union.

ARTICLE 21 - THE ANNUAL GENERAL MEETING

The annual general meeting shall take place no later than 30 days after the end of the fiscal year which terminates on February 28. The annual general meeting must be called at least five (5) working days beforehand by the best means possible.
The notice of meeting must contain at least the following information:
1) the date of the meeting;
2) the time of the meeting;
3) the location of the meeting;
4) the agenda.

At this meeting, amongst other items there must be:
a) the presentation and adoption of the financial statements for the fiscal year just ended, as well as the auditing      committee’s report and the budgetary previsions for the upcoming year.
b) elections held for the members of the executive committee, the auditors and the union delegates.

ARTICLE 22 - REGULAR GENERAL MEETINGS

There must be at least one regular general meeting every six (6) months, including the annual general meeting, convened in the same manner as the annual general meeting.

ARTICLE 23 - SPECIAL GENERAL MEETINGS

Special general meetings may be convened by the President of the union, upon approval of the executive committee of the union; usually after an official notice of at least twenty-four (24) hours; however, in an emergency situation, the executive committee of the union may call such a meeting within a reasonable lapse of time. The union council itself may also call a special general meeting by following the same procedure indicated above.

The notice of meeting must indicate the reason(s) for the said meeting. Only this (these) subject(s) can be discussed at the said meeting. At any time, the number of members corresponding to the quorum of a general meeting, may obtain the calling of a special general meeting by submitting to an executive of the union a written petition signed by them, indicating the purpose(s) or subject(s) of such a meeting.

The President of the union must then proceed to convene the said special general meeting within the eight (8) days following his or her receipt of the petition, respecting the procedure and time limits outlined above.

The executive committee of the union must call a special general meeting when so requested by the executive committee of the federation, the central council or the CSN, whereupon the reasons are serious and judged to be in the interest of the union's members and the labour movement in general.

ARTICLE 24 - GENERAL MEETINGS - QUORUM AND CRITERIA FOR A BINDING VOTE

a) The quorum of a general meeting is equal to 30 members in good standing.
b) Any vote of the general meeting indicating that the majority of the members present support a given resolution shall be a       binding decision, except for the cases indicated in Articles 6, 24d) and 66 of the present constitution, which decisions       shall be made according to the procedures described within said articles.
c) Any vote of the general meeting shall be taken generally by a show of hands, except in the cases indicated in       subparagraph d) of the present article. However, at any time a member may ask that a vote be taken by secret ballot and       this without debate.
d) The following decisions must necessarily be taken by a secret ballot vote to be binding, all the while respecting the       following conditions:
          approval of the collective agreement
          a common majority of the members present at the meeting.

          strike vote
          common majority of the members present at the meeting. For a strike vote to be valid and binding, the members must           be advised in the notice of meeting that a strike vote is on the agenda of the meeting.

          disaffiliation
          a common majority of the paid-up membership of the union.

          modifications to the present constitution
          a two-thirds (2/3) majority of the members present at the meeting.

         dissolution of the union
          a common majority of the paid-up membership of the union.

ARTICLE 25 - AGENDA

The agenda that is to be proposed to the general meeting should be clearly indicated on the notice of meeting.

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CHAPTER 5: THE UNION COUNCIL

ARTICLE 26 - COMPOSITION

The union council shall be made up of the following union members:
a) the executive committee
b) the members designated as union delegates who are elected on the following basis: a member elected for each hiring unit      (as defined in the Collective Agreement with McGill), or group of 35 T.A.s or Lab Demonstrators per hiring unit.

The preceding shall constitute a minimum and the union council may increase the number of union delegates
if it sees fit.

ARTICLE 27 - ELIGIBILITY

Any member in good standing of the union is eligible to become a union delegate.

ARTICLE 28 - ATTRIBUTES OF THE UNION COUNCIL

The union council assumes authority between the general meetings. In particular, it has the following responsibilities:
a) to ensure that the executive committee follows through on the mandates given to it by the general meeting; it shall      replace any union representative who resigns, is unable to act or is absent, until the following general meeting, where an      election shall be held to fill the vacant position(s);
b) to elaborate on the policy and activities of the union between general meetings, especially those involving the collective      agreement and inter-union matters;
c) to create the appropriate committees to see to the proper functioning of the union and to elect the members to said      committees;
d) to name delegates to represent the union to the various bodies where the union participates;
e) to prepare the general meetings;
f) to encourage membership drives within the group they each represent;
g) to temporarily elect a person to fill vacant positions on the executive committee until general assembly elections.
h) in concert with Article 28g), to actively assist the executive committee with the responsibilities of any vacant executive      positions, even as they work to elect someone to fill the position(s).

ARTICLE 29 - MEETINGS OF THE UNION COUNCIL

a) The union council shall meet at least once every 3 months.
b) Any member in good standing of the union may attend and participate in the to vote belongs only to those persons      officially designated to the council.

ARTICLE 30 - QUORUM AND CRITERIA FOR A BINDING VOTE

a) The quorum of the union council is 50% of the people that, in fact, have been named to sit on the council.
b) The decisions of the union council shall be made by a common majority vote of the members who are present.

ARTICLE 31 - RESPONSIBILITIES AND AUTHORITY OF THE UNION DELEGATE

The attributes of the union delegate are as follows:
a) to ensure that the collective agreement is respected, within the group of employees that he or she represents.
b) to ensure that newly hired personnel join the union.
c) to inform the group that he or she represents of the decisions made by the union council, and to defend in the union      council the viewpoint(s) proposed by the unionized people in the group that he or she represents.
d) to personally convene the people in the group that he or she represents to all general meetings, regardless of the      prescriptions set out in article 21.
e) he or she is elected by the group of people that they are to represent.
f) he or she is replaced, if necessary, by said group.
g) the term shall be one (1) year and upon completion, the delegate shall transmit to their successor, all the properties of the      union in their possession, as well as all pertinent information or documentation.

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ARTICLE 32- COMPOSITION

32.1 The executive committee shall be made up of the following:
a) one (1) President
b) one (1) Vice-President – External (VP-Ex)
c) one (1) Vice-President – Internal/Grievance Officer (VP-In)
d) one (1) Information and Research Officer
e) one (1) Secretary/Treasurer

32.2.1 At least one of the President or VP-Ex shall be fluently bilingual (French/English).

32.2.2  Two of the five positions shall be filled by women.

32.3.1  If positions remain vacant after elections in accordance with Articles 32.1 and 32.2, then nominations
            must be immediately reopened and Article 32.2.2 will no longer apply.

32.3.2  If at least one of the President or VP-Ex positions still cannot be filled in accordance with article

32.3.1, then the position will remain vacant and the union council will be tasked to temporarily fill the
            position until the next (special or regular) general meeting, in accordance with article 28 g).

32.4     Five (5) months before the expiration of a collective agreement, three (3) union members shall be
            elected at a general assembly to form a bargaining committee, and shall be considered full members of
            the executive committee. Their term of office shall last until the end of the semester in which a new
            collective agreement is signed.

            The President shall be a fourth (4th) member of the bargaining committee and the Vice-President –
            Internal/Grievance Officer shall sit ex-officio at bargaining committee meetings (i.e. not at bargaining
            sessions). In the spirit of Articles 32.2 and 32.3, at least two (2) of the four (4) members of the
            bargaining committee shall be women; and at least one member must be fluently bilingual
            (French/English).

ARTICLE 33- ELIGIBILITY

Any member in good standing is eligible to become a member of the union executive committee or bargaining committee. When an election for the executive committee is held, a member unable to attend may present his or her candidacy to any position, provided that their nomination is put forward by a member present at the election meeting, who must present a written signed procuration from the absent member who so wishes to stand for election.

Members of the executive committee, excluding the President (and the VP-In, who sits ex-officio), are not eligible to become a member of the bargaining committee, unless such a member resigns his or her regular position in order to stand for election to the bargaining committee.

ARTICLE 34 - ATTRIBUTES OF THE EXECUTIVE COMMITTEE

The attributes of the executive committee are as follows:
a) to guide the union's affairs.
b) to determine the time and place of union meetings and to convene when necessary the union council.
c) to authorize expenditures set out in the budget, and whose maximum amount has been determined by the general      meeting; to check the treasurer's accounting books and reports.
d) in light of the priorities of the union, and taking into account the available resources, to adopt budgetary previsions for      recommendation to the general meeting.
e) to ensure that the rules and regulations adopted by the general meeting are respected.
f) to set up any committee required to study, to discuss, to promote or to further the goals of the union.
g) to name representatives to represent the union to the various bodies to which the union participates.
h) to accept members.
i) to receive member's complaints, to examine and dispose of them, in accordance with Articles 14, 15 and 16 of the present    constitution.
j) to receive and examine all communications and information submitted by the general meeting to them, and to report back    to the general meeting.
k) to abide by the decisions made by the general meeting, which constitute a mandate to be executed on behalf of all of the     members of the union.
1) to submit to the general meeting any question or issue requiring a vote by the members.
m) to present a report of the previous year's activities and accomplishments to the annual general meeting.
n) to see to the temporary replacement of the designated coordinator if he or she is absent for a short period of time.
o) to authorize all the procedures and legal acts necessary for the best interest of the union.
p) to encourage membership drives within the faculties.
q) to encourage council representation within the faculties that each member represents.
r) in accordance with Article 39, to assume responsibility for fulfilling tasks of any vacant executive
   committee position until the position is filled.

ARTICLE 35 - MEETINGS

35.1 The executive committee shall meet at least once a month, in accordance with the provisions that they, themselves,         shall determine. Any member in good standing of the union may attend and participate in the executive committee         meeting, but the right to vote belongs only to those persons officially designated to the executive committee.

35.2 An executive committee meeting must be called at least five (5) working days beforehand by notifying all executive         committee members in writing, which may include e-mail.

The notice of meeting must contain at least the following information
a) the date of the meeting;
b) the time of the meeting;
c) the location of the meeting;
d) the agenda.

ARTICLE 36 - SPECIAL EXECUTIVE COMMITTEE MEETINGS

Special executive committee meetings may be convened by the President, usually after an official notice of at least twenty four (24) hours; however, in an emergency situation, the President may call such a meeting within a reasonable amount of time.

The notice of meeting must indicate the reason(s) for the said meeting. Only this (these) subject(s) can be discussed at the said meeting. At any time, the number of members corresponding to the quorum of an executive committee meeting, may obtain the calling of a special general meeting by submitting to the President a petition indicating the purpose(s) or subject(s) of such a meeting.

The executive committee must call a special executive committee meeting when so requested by the executive committee of the federation, the central council or the CSN, whereupon the reasons are serious and judged to be in the interest of the union’s members and the labour movement in general.

ARTICLE 37 - QUORUM AND CRITERIA FOR A BINDING VOTE

The quorum of the executive committee is 50% of the people that, in fact, are effectively on the committee. The decisions of the executive committee shall be made by a majority vote of the members present.

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ARTICLE 38 - PRESIDENT

The President
a) shall be, with the assistance of the VP – Ex, the public face of the union as its spokesperson and official media contact.
b) shall convene and (normally) chair executive committee meetings and general assemblies, in accordance with the present      constitution and by-laws of the union.
              · She or he shall temporarily abandon the chair during a meeting to another member of the executive committee if                 she or he wishes to take a position in a debate.
c) shall help organize the day to day operations of the local. She or he shall work with the staff and shall normally act as      their supervisor and shall help with the organization of the office space.
d) shall facilitate the smooth functioning of the executive committee. She or he shall assist the Vice-
     Presidents with internal and external work, as required.
e) shall, along with the Secretary/Treasurer and the VP-Ex sign the union's cheques.
f) shall assist the Secretary/Treasurer to account for the funds of the local and she or he shall also, along with the      Secretary/Treasurer, sign the union’s financial statements.
g) shall sign the minutes of all executive committee meetings and general assemblies.
h) shall be a member of the bargaining committee during negotiations.
i) shall lead the union's delegation to the Union Management Meeting.
j) shall have the right to sit ex-officio on any committee of the union.
k) shall vote, in meetings in which she or he has a non-ex-officio seat, only to break a tie.
In accordance with Article 32.2.1, either the President or the VP-Ex must be bilingual (French/English).

ARTICLE 39 - VICE PRESIDENT - EXTERNAL

The VP-Ex
a) shall assist the President in the administration of the union.
b) shall assist the President in being the public face of the union.
c) shall, in the event that the President suffers a prolonged absence, or is otherwise unable to perform her or his duties,      assume the duties of the President until such time as the President is able to resume her or his duties or is replaced in      accordance with Article 28g).
d) shall be the third signing officer for the union.
e) shall represent, or ensure the union’s representation, in all relevant extra-union committees and meetings on which the     union has a seat.
f) shall give timely reports to the executive committee in order to update its members on the actions and decisions made by     the committees and bodies on which she or he is seated.
g) Shall inform the VP – Internal/Grievance Officer of any information arising from meetings of the University's health and      safety committee which directly effect TA health and safety issues.
In accordance with Article 32.2.1, either the President or the VP-Ex must be bilingual (French/English).

ARTICLE 40 - VICE PRESIDENT - INTERNAL/GRIEVANCE OFFICER

The VP-In
a) shall perform research on behalf of a union member who has filed a complaint or grievance, or who has the intention of doing so.
b) shall assist union members in the drafting of complaints and in the drafting and filing of grievances.
c) shall normally perform the role of “union” where mentioned in the Collective Agreement with McGill, namely:
          · Article 8: Grievances and Arbitration
          · Article 9: Disciplinary Measures
          · Letter of Agreement B Re: Workload Dispute Settlement Procedure
d) shall inform the union members of the proper causes of grievances and of the grievance procedure.
e) shall make readily available all grievance-related materials, including, but not limited to, workload forms and descriptions      of the grievance procedure, in both French and English.
f) shall be responsible for the union’s files pertaining to equality issues.
g) shall be responsible for handling the union’s files dealing with health and safety on the job and workrelated accidents.
h) shall assist in accident investigations involving union members.
i) shall keep union members informed or developments in health and safety or equity issues that may affect them.
j) shall, with the Information and Research Officer, be responsible for the maintenance of the union’s constitution.
k) shall sit ex-officio on the bargaining committee; that is, she or he will not attend bargaining sessions, but has a      non- voting seat at bargaining committee meetings.
l)  shall, with the exception of the executive and auditing committees, chair any intra-union committees or subcommittees.
m) Shall give timely reports to the executive committee in order to update its members on the actions and decisions made by      the committees and bodies on which she or he is seated.
n) shall be the primary executive committee contact for union delegates.
o) shall meet with and advise union delegates when requested.
p) shall oversee the union council by being responsible for union delegates’ formation and, in accordance with Articles 26,      27 and 30, for recruitment of new union delegates, as required.
q) shall ensure that the lists of union delegates, including any lists on the website, are up to date.

ARTICLE 41 - INFORMATION AND RESEARCH OFFICER

The Information and Research Officer
a) shall be the executive committee member primarily responsible for communication from the executive committee to the      general union membership.
b) shall be responsible for outreach and publicity campaigns, such as posters, ads, etc. for union events or causes.
c) shall be responsible for the organization of regular membership information meetings, usually near the beginning of      semesters, especially the Fall semester.
d) shall be responsible for the answering members' inquiries, or the redirection of members to the appropriate member of the      executive committee.
e) shall perform or organize all research mandated by the executive committee or bargaining committee.
f) shall, with the VP – Internal/Grievance Officer, be responsible for the maintenance of the union's constitution.
g) shall be responsible for the content of the union's website.
h) shall keep the executive committee informed of any pertinent union issues, especially issues regarding other teaching      assistant and/or graduate student unions in Canada and North America.

ARTICLE 42 - SECRETARY/TREASURER

The Secretary/Treasurer
a) shall be responsible for the union's financial administration and the handling of the union's properties.
b) shall ensure that all financial transactions are properly recorded in the appropriate accounting statements and registers      as per the system established by the CSN.
c) shall be responsible for the collection of all union dues and monies owed to the union.
d) shall present to the executive committee, upon request, or at least every four (4) months, the bank reconciliation and the      union's financial statement.
e) shall make all disbursements authorized by the executive committee and sign cheques, jointly with the President or
    VP – External.
f) shall make available to any member, who so desires, the accounts ledgers, as well as statements from the Caisse Populaire     or bank, in the course of union meetings.
g) shall deposit as soon as possible to the Caisse Populaire or bank any funds on hand, and send the appropriate amounts      owed to the bodies to which the union is affiliated.
h) shall prepare budgetary previsions, in collaboration with the executive committee, and ensure their presentation to the      executive committee, the union council and the general meeting.
i) Shall be responsible for the presentation at UC meetings of a cash flow summary.
j) shall prepare the annual financial statements at the end of the fiscal year and ensure their presentation to the executive     committee, the union council and the general meeting.
k) shall be empowered, at all times, to disclose the union's ledgers and all appropriate exhibits to the duly authorized      representative of the executive committee of the CSN and to the union's own auditing committee.
l) shall verify that the payroll listings affecting union dues received from the University are accurate.
m) shall submit a draft budget for the next fiscal year to the executive committee by November 30 of the current year.
n) shall take the minutes of each executive committee, union council or general meeting and disseminate the minutes of each      preceding meeting; shall enter said minutes in a register and to have them signed by the chair of that meeting.
o) shall make available to any member, who so desires, the register containing the union's minutes, in the course of union     meetings.
p) shall attend, subject to Article 51, auditing committee meetings.

ARTICLE 43- BARGAINING COMMITTEE MEMBERS

During times of bargaining, the attributes of the bargaining committee members are as follows:
a) to conduct negotiations with McGill on behalf of the union;
b) to perform all necessary research and presentation of data in support of negotiations;
c) to provide regular updates on negotiation to the executive committee and the union;

ARTICLE 44 - LENGTH OF TERM OF OFFICE

The term of office for members of the executive committee shall be one (1) year from May 1 to April 30. The term of office for members of the bargaining committee shall be from their election until the end of the semester in which a new collective agreement is signed.

ARTICLE 45 - COMPLETION OF THE TERM OF OFFICE

At the completion of their term of office, all of the members of the executive committee must transfer to their successors all union properties, as well as all useful information and pertinent documentation.

ARTICLE 46 - ELECTION PROCEDURE

a) The meeting at which union executive committee elections are held shall name a chairperson of the election, someone to      take the minutes of the election and scrutineers to participate in the counting of the ballots. The preceding persons may      not be nominated to any of the positions being filled.
b) If only one person accepts the nomination to any of the positions to be filled, that person shall be declared elected by      acclamation.
c) If a vote is necessary, it is to be conducted by secret ballot. The winner shall be the candidate receiving the plurality of     the votes (“first-past-the-post” system). The scrutineers shall count the ballots and report the results to the chairperson     of the election; the latter shall only vote in the case of a tie.
d) Only those members in good standing, present at the meeting, shall be entitled to vote.

ARTICLE 47 - INDUCTION INTO OFFICE

Each of the members of the coordinating committee shall officially take on his or her position as soon as he or she is sworn into office.
a) when proceeding with the swearing into office of the union executive committee, as much as possible, a representative      from one of the bodies to which the union is affiliated should be invited to participate.

ARTICLE 48 - COMPENSATION

The members of the executive committee of the union are entitled to remuneration and/or stipends (allowance for presence). The rate of such remuneration or stipends shall be set by union members at a general meeting in the form of a By-Law. They shall be compensated for travel expenses, accommodation expenses, meal expenses, or baby-sitter fees that are incurred in the course of union duties and as needed, subject to the standards in force at the CSN.

When union duties require an absence from work, the remuneration allotted shall not exceed the regular pay
of the member who has been discharged from work.

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ARTICLE 49 - NOMINATION OF THE UNION'S AUDITORS

At any time, a person authorised to represent the federation, central council or the CSN, may proceed with an audit of the books of the union. The treasurer shall submit all books and exhibits requested by this authorised representative to him or to her, so that they may pursue their audit.

ARTICLE 50 - ELECTION OF THE AUDITING COMMITTEE MEMBERS

At any time, a person authorized to represent the federation, central council or the CSN, may proceed with an audit of the books of the union. The treasurer shall submit all books and exhibits requested by this authorized representative to him or to her, so that they may pursue their audit.

ARTICLE 51 - MEETINGS AND QUORUM

The auditing committee shall meet at least once every six (6) months. The Secretary/Treasurer must be present at the meetings of the auditing committee, unless the members of the committee decide otherwise. The quorum of the committee is two (2) members.

ARTICLE 52 - RIGHTS AND DUTIES OF THE UNION'S AUDITORS

The attributes of the auditors are:
a)  to examine all revenues and expenses.
b) to examine and to authenticate the reconciliation of the Caisse Populaire or bank account, the Secretary/Treasurer's      report, as well as all other financial accounts of the union (leisure, insurance, strike funds, etc.
c)  to verify the adherence to the resolutions of the executive committee, the union council and the general
     meeting.
d) upon a unanimous decision, to call a special general meeting.

ARTICLE 53 - ANNUAL REPORT

Once a year, the union's auditing committee shall submit a written report of their work, as well as any recommendations that they deem appropriate, to the annual general meeting. The report and recommendations shall be submitted beforehand to the union executive committee and the union council.

If the report is not ready seven (7) days before the annual general meeting, the Treasurer will request that a representative from the CSN, federation, or the central council proceed with an audit of the books of the union and present a report to the annual general meeting

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The following chapter shall apply to all of the union’s general meetings, plus any other union structure where no By-laws determine its procedures.

ARTICLE 54 - CALLING THE MEETING TO ORDER AND THE AGENDA

The appropriate executive , or his or her designate, if that executive is unavailable, shall call the meeting to order at the prescribed time, and chair the meeting. He or she shall not depart from the agenda, unless a majority of the members present so decide.

ARTICLE 55 - PUTTING A QUESTION TO VOTE

Except for the cases previously specified herein, a majority of the members present shall be necessary for a motion to be binding. Only in the case of a tie vote shall the President have the right to vote.

ARTICLE 56 - VOTE

When a vote is called, all discussion shall cease; the question shall be put to a vote by a show of hands, unless a secret ballot or nominal vote is duly requested.

A single member may request that a vote be taken by secret ballot, or nominally, as long as he or she has so requested before the chair of the meeting has called for the vote. Article 24d) shall apply concerning secret ballot voting, notwithstanding the above.

ARTICLE 57 - NOTICE OF MOTION (MOTION TO RECONSIDER)

To rescind a motion that has already been duly adopted by the general meeting one must proceed as follows:
a) A notice of motion must be presented to a general meeting by a union member. Said notice of motion cannot be      discussed at the meeting at which it is presented.
b) At the following general meeting, the member who has presented the motion must be present. After said member has      spoken on the motion, said motion must receive the support of a common majority of the members present so as to put      the original motion that is to be reconsidered back on the table. Once the original motion is back on the table a common      majority vote of the members present is again necessary.

ARTICLE 58 - ADJOURNMENT

A motion to adjourn a meeting can always be received by the chair, however it can be defeated by a majority vote of the members present. The coordinator shall adjourn the meeting when the agenda has been completed.

ARTICLE 59 -MOTION

Every motion must be seconded, written down in the minutes by the secretary and read to the meeting before discussion begins. At this point, the motion belongs to the meeting and it cannot be withdrawn without the unanimous approval of the meeting.

ARTICLE 60- PRECEDENCE OF A MOTION

As long as a motion has not been disposed of, no other motion may be received by the chair except one aiming to amend, to table, to refer to a committee, to put immediately to a vote (previous question) or to adjourn the meeting.

ARTICLE 61 - AMENDMENT

An amendment must refer to the subject of the principal motion. The amendment cannot bring up a totally new matter, however it shall be received by the chair even if it altogether changes the nature of the principal motion, without straying from its subject. On the other hand, without seeking to change the nature of the principal motion, an amendment may simply delete, add or replace certain words in the original motion.

ARTICLE 62 - SUB-AMENDMENT

A sub-amendment must only refer to the terms of the amendment. It must aim only to delete, to add, or to replace certain words in the amendment. It must not seek to bring back the terms of the original motion that were modified by the amendment.

ARTICLE 63 - PREVIOUS QUESTION

The previous question permits discussion to be terminated, if at least five (5) people have already spoken to the motion, the amendment or the sub-amendment; thereby forcing the meeting to immediately decide and vote on the question at hand. The member who moves the previous question, must not have spoken earlier on the current question at hand (the motion, amendment or sub-amendment, as the case may be). To be carried, the previous question must receive the support of two-thirds (2/3) of the members present. If the previous question is defeated, it may not be presented again until there have been at least five (5) more speakers.

The person who moves the previous question must indicate whether he or she will permit those inscribed on the speaker's list to speak.

ARTICLE 64 - PRIVILEGED MOTIONS

Privileged motions are designed to permit a member, at any time during a meeting, to raise any pressing matter dealing with a unique item or a question of widespread interest to the union.

ARTICLE 65 - ETIQUETTE

Once the meeting has been called to order, members must remain seated and strictly quiet so as not to disturb the proceedings. When a member is given the floor, he or she must stand (if able) and give his or her name. He or she must address the chair and must not stray from the subject under study and must avoid insults, contempt, threats, racist or sexist comments, personalizing any comments, as well as swearing. When several members ask for the floor at the same time, the president shall decide who shall be called upon first.

ARTICLE 66 - RIGHT TO SPEAK

The chair of the meeting shall give the floor to speakers who so desire, in the sequence that said speakers have indicated their desire to speak. However, a speaker shall not be recognized a second time until all who desire to speak on the first turn have done so. The same shall apply for succeeding turns. The coordinator may require that speakers limit their statements to three (3) minutes on their first turn and two (2) minutes on their second. The chair of the meeting should recognize diversity in the speaking order.

ARTICLE 67 - TO CALL BACK TO ORDER

Any member who strays from the subject, or who uses injurious language shall be immediately called back to order by the chair; in the case of a recurrence, the latter, on the instruction of the meeting, shall no longer recognize the member's right to speak for the duration of the meeting.

ARTICLE 68 - POINT OF ORDER

When a point of order is raised, all discussion on the motion shall cease. The chair shall dispose of the point of order, unless an appeal is put to the general meeting.

ARTICLE 69 - PROCEDURAL DISPUTE

Where there is a dispute regarding a procedure not covered by the present constitution, the rules of order of
the CSN shall prevail.

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CHAPTER 10: BY-LAWS

ARTICLE 70- JURISDICTION OF BY-LAWS

70.1  The union, or any chartered body thereof, may adopt a set of By-laws to govern the procedural administration of said          union or chartered body.
70.2  Such By-laws shall not conflict with this Constitution, and where that occurs this, Constitution shall prevail.
70.3 By-laws governing the decision-making protocol of the executive committee shall be enacted, amended or abrogated         by the general assembly.

ARTICLE 71 - AMENDMENTS TO BY-LAWS

Notice shall be given at least five (5) working days in advance, to the appropriate body, by the best means possible, of any motions concerning By-law modification or enactment.

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CHAPTER 11: AMENDMENTS TO THE CONSTITUTION

 

ARTICLE 72 - AMENDMENTS

Subject to article 73, the general meeting of members has the power to modify the present statutes within the framework of the statutes of the CSN, of the federation and of the central council. Any motion aiming to modify, in total or in part, the present constitution, or wishing to change the name of the union must be presented, in writing, to the union council before being read to the general meeting.

Any modification of the constitution must be approved by a two-thirds (2/3) majority vote of the members present. Moreover, copy of any such modification of the constitution must be forwarded to the federation and the central council.

ARTICLE 73 - RESTRICTIONS TO AMENDMENTS

Articles 5, 6, 7, 72 and 73 of the present statutes cannot be abrogated without written consent from the CSN, the federation and the central council, except if the union has disaffiliated in accordance to the procedure provided for in Article 6.

ARTICLE 74 - DISSOLUTION OF THE UNION

When a resolution of dissolution of the union has been adopted, in accordance to the present statutes, the assets of the union shall be forwarded to the Professional Defense Fund (FDP) of the CSN, unless the general meeting has decided otherwise.

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ANNEX 1: BY-LAWS

The following By-laws have been passed by a General Meeting; other By-laws may have been passed by other bodies affiliated with AGSEM, but they are not listed here.

BY-LAW 1 - UNION DUES

The union dues are set at 2.5% of an employee’s gross pay.

BY-LAW 2 - EXECUTIVE COMMITTEE REMUNERATION

The executive committee will be paid hourly at the Arts T.A. rate.

BY-LAW 3- EXECUTIVE COMMITTEE MEETING STRUCTURE

The executive committee will structure its meetings in accordance with the Decision-Making Protocol, attached as Annex 2 to this document.

BY-LAW 4- NOMINATIONS FOR THE ELECTION OF EXECUTIVE COMMITTEE AND BARGAINING COMMITTEE MEMBERS

a. The nomination period for Executive Committee members and Bargaining Committee members will last for 10 working     days, ending at noon (12 pm) 5 working days before the General Assembly where the elections are to be held. The     nomination period will be announced to the general membership via email and the AGSEM website before the nomination     period begins. The announcement must be in English and French and contain positions available, job descriptions and     Articles 32.2.1 and 32.2.2.
b. Nomination forms must be signed by the nominee and 5 members in good standing of AGSEM. These forms must include     the candidate’s name, the position(s) applied for, the department and year of the candidate, languages spoken and     relevant contact information. Nomination forms may be submitted in person, by mail, or by fax to the AGSEM office.     Nomination forms will be made available at the AGSEM office or online via the AGSEM website. The official form need     not be used by nominees but is provided by the union for convenience. There will be a nomination sheet at the union    office, available to the general membership that lists all nominees for all positions.
c. Nominations will also be accepted from the floor at an AGSEM GA but only for positions which have one or no     nominations or in the case that Articles 32.2.1 and 32.2.2 are not fulfilled. At least 5 members in attendance must support     the nomination by a show of hands.
d. A person may be nominated for only one position during the nomination period but can be nominated from the floor as in c. A member may only hold one EC position at a time.
e. In the case a position is still vacant; it shall be filled in accordance as in Article 28g.
f. Nominees will be introduced and may speak to the membership at the March General assembly. In the case the nominee is     unable to attend Article 33 shall be followed.
g. The procedure for elections shall follow Article 46.

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ANNEX 2: DECISION-MAKING PROTOCOL

Preamble

The aim of this protocol is to specify the decision-making process that is employed by the AGSEM executive committee. The protocol is based on relevant clauses of the current AGSEM constitution; however, it seeks to render certain aspects of the process more explicit, and correspondingly, more transparent. It was passed as a By-law at the March 22, 2006 General Assembly.

Protocol

In accordance with Article 34 of the AGSEM constitution, all business related to “the guidance of the union’s affairs” must be decided by the executive committee (EC).

EC decisions will be taken at regularly-scheduled committee meetings according to the procedure outlined below. It is the responsibility of individual EC members to submit new business (including any proposals, initiatives, and projects that arise between the union’s General Meetings) to the President for inclusion in the meeting agenda. Submissions should be made by email in advance of the meeting.

In special cases, emergency (or “special”) EC meetings may be called by the President, in accordance with Article 36 of the AGSEM Constitution, in order to accommodate business that falls between regularly-scheduled EC meetings and which must be considered in a timely fashion.

EC decision-making will follow a three-step process: (1) Proposals, (2) Discussion and debate, and (3) Formal vote (if necessary).

Step 1: Proposals

All members of the executive committee, whether on their own behalf or that of a union member, may bring new business to the EC. Proposals for EC consideration must be submitted by email, at least 24 hours prior to the meeting, to the meeting Chair for inclusion in the meeting agenda. EC members should be prepared to present their proposal(s) to the rest of the committee, and to provide supporting documentation when necessary (e.g. reports, statistics, budgets, etc.). Any proposal that follows the procedures described in Step 1 must be included in the agenda and be addressed following the guidelines set forth in Steps 2 and 3.

Step 2: Discussion and debate

The presenting EC member is obliged to provide the EC with well-considered arguments in support of their proposal (in Roberts Rules of Order, this is referred to as “motivation”). In turn, the committee has the right to raise concerns and objections in the form of well-considered counterarguments, to which the presenter is obliged to respond. Friendly amendments may be entertained. If consensus is successfully reached, then this fact will be noted in the meeting minutes and the proposal will be adopted in its final form.

Step 3: Formal Vote

If, after a reasonable amount of time, consensus has not been reached among the EC and any member feels that it will not be reached with further discussion, that member may request that the proposal be put to a formal vote. Upon receiving such a request, the committee Chair is obliged to immediately call a vote on bringing an end to the debate. If a simple majority votes in favour, the proposal previously under debate will immediately be put to a vote. If a simple majority votes against, discussion is continued until consensus is reached, or, after another reasonable amount of time, another request to call the vote is made. The result of the vote on the proposal itself is final, and will be recorded in the meeting minutes. EC members may request that their individual vote, which may include abstention from voting, also be noted in the meeting minutes.

After a vote has been taken, it is the responsibility of all EC members to abide by the decision that has been reached by the EC, irrespective of their personal position on the matter.