DISTRICT 12
2007 2008
CONSTITUTION AND BYLAWS
1.
ARTICLE 1 OBJECTS
1.1.
The objects of District 12 shall be as stated
in the OSSTF Constitution.
2.
ARTICLE 2 - DEFINITIONS
2.1.
In this Constitution:
2.1.1.
"AGM" shall mean Annual General Meeting.
2.1.2.
"AMPA" shall mean the Annual Meeting
of the Provincial Assembly.
2.1.3.
"Bargaining Unit" or "BU"
shall mean a Bargaining Unit Organization of OSSTF District 12, Toronto.
2.1.4.
"Bylaws" shall mean standing rules
governing the membership of OSSTF District 12 Toronto made under this Constitution
on matters of internal regulation and matters, which are entirely within the
control of District 12.
2.1.5.
"Chairperson" shall mean the Presiding
Officer of an official body of OSSTF District 12.
2.1.6.
"Constitution" shall mean a system
of fundamental principles according to which District 12 is governed, and
the basic organization of District 12.
2.1.7.
"Days" shall mean school days.
2.1.8.
"District" shall mean the Ontario
Secondary School Teachers' Federation, District 12, Toronto.
2.1.9.
"Executive" shall mean the District
12 Executive.
2.1.10.
"FTE" (Full Time Equivalent Membership)
for the purposes of representation and finances of the District shall mean
those FTE numbers as determined by the Provincial Office.
2.1.11.
"General Meeting" shall mean a
meeting open to all Members.
2.1.12.
"Member" shall mean any member of
District 12 as defined by the Provincial Constitution and Bylaws, unless otherwise
stated.
2.1.13.
"OSSTF" shall mean the Ontario Secondary
School Teachers' Federation.
2.1.14.
"OTF" shall mean the Ontario Teachers'
Federation.
2.1.15.
"Policy" shall mean a stand or position
taken by District 12 in accordance with the Bylaws on matters whose resolution
is beyond the internal legislative power of the District.
2.1.16.
“TDSB" shall mean the Toronto District
School Board.
2.1.17.
“STBU” shall mean the Secondary Teachers’
Bargaining Unit, District 12, OSSTF.
2.1.18.
“PSSP” shall mean the Professional Student
Services Bargaining Unit, District 12, OSSTF.
2.1.19.
“OTBU” shall mean the Occasional Teachers’
Bargaining Unit, District 12, OSSTF.
3.
ARTICLE 3 NAME
3.1.
This organization shall be known as: "OSSTF
District 12, Toronto".
4.
ARTICLE 4 MEMBERSHIP
4.1.
Membership in District 12, OSSTF shall be in
accordance with the OSSTF Provincial Constitution and Bylaws.
5.
ARTICLE 5 - ORGANIZATION
5.1.
There shall be a District Executive consisting
of:
5.1.1.
Nineteen (19)Voting members as determined under
Bylaw 3 comprised of:
5.1.1.1.
President
5.1.1.2.
First Vice-President
5.1.1.3.
Second Vice-President
5.1.1.4.
Secretary/Treasurer
5.1.1.5.
Fifteen (15) Executive Officers
5.1.2.
Chairs of Standing Committees shall be non-voting
members of the Executive.
5.2.
The Standing Committees of District 12 shall
be:
5.2.1.
Finance
5.2.2.
Constitution
5.2.3.
Occupational Health and Safety
5.2.4.
Status of Women
5.2.5.
Human Rights
5.2.6.
Political Action
5.2.7.
Communications
5.2.8.
Gay Straight Alliance
6.
ARTICLE 6 - TERMS OF OFFICE
6.1.
District Executive
6.1.1.
The term of office for a newly appointed Executive
shall begin July 1st.
6.1.2.
The term of office for the District Executive
will end June 30th.
7.
ARTICLE 7 GENERAL MEETINGS
7.1.
There shall be a minimum of two (2) General
Meetings per school year, one
in October and one in June.
7.2.
The June General Meeting shall be the Annual
General Meeting.
8.
ARTICLE 8 - CONFLICT WITH OSSTF PROVINCIAL
CONSTITUTION
8.1.
Any part of this Constitution or any amendment
thereto, which conflicts with the Provincial Constitution of the OSSTF are
hereby declared null and void.
9.
ARTICLE 9 DISTRICT LEVY
9.1.
There shall be a levy upon District Members
as described in the Bylaws
10.
ARTICLE 10 AMENDMENTS TO THE CONSTITUTION
10.1.
Amendments to these articles may be made
at a General Meeting provided notice of motion has been given to the Constitution
Committee twenty (20 days in advance of the General Meeting).
10.2.
The Constitution Committee shall ensure
that the District Executive is provided copies of the proposed amendments
at least 10 days prior to the General Meeting.
10.3.
Each Bargaining Unit Executive must provide
the proposed amendments to their membership prior to the General Meeting.
10.4.
Amendments submitted in accordance with
Article 12.1 may be passed by a two thirds (2/3) majority of those present
and voting and otherwise by nine tenths (9/10) majority.
BYLAWS
1.
BYLAW 1 - QUORUM
1.1.
A quorum for District Executive meetings shall
be at least fifty (50) per cent of the membership of the District Executive,
with representation from at least two bargaining units
1.2.
A quorum for District Committee meetings shall
be thirty per cent (30%) of the membership of the committee, except for the
Finance Committee.
1.3.
A quorum for a District General Meeting or
the Annual General Meeting shall be (100) one hundred members or (5%) of the
membership of District 12, which ever is less.
1.4.
A quorum for the Finance Committee shall be
four (4), including the Chair.
2.
BYLAW 2 - VOTING
2.1.
Each District Executive member shall have one
vote on the District Executive.
2.2.
Each District Committee member shall have one
vote on the Committee.
3.
BYLAW 3 - DETERMINATION OF EXECUTIVE
MEMBERS
3.1.
District Executive Appointed By Bargaining
Units
3.1.1.
The District 12 Bargaining Units' Executives
shall each appoint, from its own duly elected officers, the following number
of District Executive Members:
3.1.1.1.
The President of the Secondary Teachers' Bargaining
Unit, plus nine (9) other Executive members from the Secondary Teachers' Bargaining
Unit.
3.1.1.2.
The President of the Professional Student Services
Bargaining Unit, plus (1) one other Executive member from the Professional
Student Services Bargaining Unit Executive
3.1.1.3.
The President of
Occasional Teachers' Bargaining Unit, plus (1) one other Executive
member from the Occasional Teachers' Bargaining Unit Executive
3.1.1.4.
Five (5) additional Executive Officers elected
or appointed by their respective Bargaining Unit as follows:
three (3) from the BU with the largest FTE,
one (1) from the BU with the second largest FTE,
one (1) from the BU with the third largest FTE.
3.1.2.
The Executive of each Bargaining Unit shall
appoint its representatives to the District Executive within fourteen (14)
Days of the election of the Bargaining Unit Executive, while keeping the total
number provided from each Bargaining Unit in accordance with this Constitution
a nd Bylaws.
3.1.3.
A representative of the appropriate Bargaining
Unit Executive shall be appointed by the appropriate Bargaining Unit to fill
vacancies on the District Executive.
3.2.
Appointment and Election Of District Executive
Positions
3.2.1.
Voting Members
3.2.1.1.
The President of District 12 shall be the President
of the Bargaining Unit with the largest FTE membership.
3.2.1.2.
The Secretary/Treasurer shall be the Treasurer
of the Bargaining Unit with the largest FTE membership.
3.2.1.3.
The First Vice-President shall be the President
of the Bargaining Unit with the second largest FTE membership.
3.2.1.4.
The Second Vice-President shall be the President
of the Bargaining Unit with the third largest FTE membership.
3.2.2.
All other voting members of the District Executive
shall serve as Executive officers
3.2.3.
Non-voting members of the District 12 Executive:
3.2.3.1.
others as may, from time to time, be deemed
necessary by the District 12 Executive
4.
BYLAW 4 - STANDING COMMITTEES and AFFILIATIONS
4.1.
General Objectives of Standing Committees
4.1.1.
To advise the District Executive and the membership
on items encompassed by the specific objectives of the committee.
4.1.2.
To submit the committee budget to the Finance
Committee,
4.1.3.
To report in writing to the District Executive
and the membership on its activities.
4.2.
Membership and Terms of Reference of Standing
Committees and Affiliations
4.2.1.
Additional Committee Members
4.2.1.1.
Additional members may be co-opted by any committee
with the approval of the District Executive.
4.2.2.1.
Membership
4.2.2.1.1.
The committee shall consist of those members
of the District who have an expressed interest in the work of the committee
and any additional members elected or appointed by the District Executive.
The committee shall attempt to ensure that all
District 12 Bargaining Units are represented.
4.2.2.1.2.
The chairpersons of the Standing Committees,
except for Occupational Health and Safety and Finance, shall be elected internally
by their respective committees, subject to ratification by the District Executive.
Committee chairpersons shall be elected annually, at the first meeting
of the committee and hold office until the following June 30th.
4.2.2.2.
Terms of Reference
4.2.2.2.1.
To promote the dissemination of information
within and between District 12 members,
Provincial OSSTF members, and the wider community.
4.2.2.2.2.
To provide expertise and advice in improving
communications techniques and to make recommendations for long-term communications
strategies.
4.2.3.1.
Membership
4.2.3.1.1.
The Committee shall consist of members as follows:
4.2.3.1.2.
the District Treasurer who shall act as Chairperson,
4.2.3.1.3.
the treasurers of each of the District 12 Bargaining
units, not serving as Chair
4.2.3.1.4.
up to three (3) additional members from the
Secondary Teachers' Bargaining unit
4.2.3.1.5.
the committee may appoint up to three (3) non-voting
members
4.2.3.2.
Terms of Reference
4.2.3.2.1.
To prepare a draft budget for the Federation
year for presentation to each District 12 Bargaining Unit Executive by May
15.
4.2.3.2.2.
To advise the District and Bargaining Unit
Executives
4.2.3.2.3.
To periodically review the purposes and practices
concerning any and all District
funds and to report its findings to the District Executive.
4.2.3.2.4.
To review the detailed authorized expenditures
of the spending authorities of the District and prepare a written report
to the District Executive.
4.2.3.2.5.
To monitor all special District accounts.
4.2.4.1.
Membership
4.2.4.1.1.
The committee shall consist of
4.2.4.1.2.
the District Health & Safety Officer who
shall act as chairperson,
4.2.4.1.3.
one member from each Bargaining Unit,
4.2.4.1.4.
additional members appointed or elected by
the District Executive.
4.2.4.2.
Terms of Reference
4.2.4.2.1.
To become familiar with the Health and Safety
Act and its provisions.
4.2.4.2.2.
To monitor workplace-related health and safety
concerns, and to forward them to
the District Health and Safety Officer, if needed.
4.2.4.2.3.
To act in an advisory capacity to the District
Executive.
4.2.4.2.4.
To make recommendations relating to health
and safety issues to the Bargaining Units,
through the District Executive.
4.2.5.1.
Membership
4.2.5.1.1.
The committee shall consist of those members
of the District who have an expressed interest in the work of the committee.
The committee shall attempt to ensure that all District
12 bargaining units are represented.
4.2.5.2.
Terms of Reference:
4.2.5.2.1.
To monitor regularly the professional status
of women members of OSSTF District
12 and to advise the District Executive on the need for appropriate
action with respect to any developing trends.
4.2.5.2.2.
To provide a forum for the discussion of issues
relevant to women in OSSTF.
4.2.5.2.3.
To recommend to the District Executive, on
an annual basis, goals to be achieved in order to implement OSSTF Affirmative
Action statements and ways to remove
barriers to women's full participation in OSSTF.
4.2.5.2.4.
To recommend to the District Executive educational
programs to promote equality of opportunity with specific reference to women
members.
4.2.5.2.5.
To encourage and promote respect for the rights
and diverse needs of all members with respect to their personal and family
obligations.
4.2.5.2.6.
To work in conjunction with the Human Rights Committee
and The Gay Straight Alliance Committee to emphasize the intersections of
identity and equity issues and to support members in negotiating conflicting
rights.
4.2.6.1.
Membership
4.2.6.1.1.
The committee shall consist of those members
of the District who have an expressed interest in the work of the committee
and any additional members elected or appointed by the District Executive.
The committee shall attempt to ensure that all District 12 bargaining units
are represented.
4.2.6.2.
Terms of Reference:
4.2.6.2.1.
To recommend to the District Executive on a
regular basis, goals to be achieved and policies and actions to be implemented
in order to safeguard human rights.
4.2.6.2.2.
To recommend to the District Executive policies
and actions that will ensure equity and inclusion for all individuals
in the workplace and all members of OSSTF.
4.2.6.2.3.
To establish links with other District Standing
Committees to achieve common goals.
4.2.6.2.4.
To advocate for and allow for the creation
of sub-committees to promote groups identified within the Ontario Human Rights
Code.
4.2.6.2.5.
To assist the District Executive in the implementation
of human rights and equity programs, actions and policies.
4.2.6.2.6.
To assist the District Executive in keeping
the membership informed of events and issues pertaining to human rights and
equity issues.
4.2.6.2.7.
To assist the District Executive and/or the
Communications/Excellence in Education Committee in the communication of District
12 human rights and equity concerns and policies to the community at large.
4.2.6.2.8.
To establish links with other OSSTF Human Rights
Committees.
4.2.6.2.9.
To establish links with community groups having
common concerns.
4.2.6.2.10.
To recommend to the District Executive, programs
to realize equity for, and inclusion in the full participation in OSSTF of
disadvantaged minority groups and to assist the District Executive in the implementation
of such programs.
4.2.6.2.11.
To advise Bargaining Units, through the District
Executive, on policies and contractual language which may be needed to improve
employment equity.
4.2.6.2.12.
To implement human rights and equity education
with the approval of the District
Executive.
4.2.6.2.13.
To provide a forum for members to discuss human
rights and equity issues.
4.2.6.2.14.
To work in conjunction with the Gay Straight Alliance
Committee and Status of Women Committee to emphasize the intersections of
identity and equity issues and to support members in negotiating conflicting
rights.
4.2.7.1.
Membership
4.2.7.1.1.
The committee shall consist of those members
of the District who have an expressed interest in the work of the committee
and any additional members elected or appointed by the District Executive.
The committee shall attempt to ensure that all District 12 bargaining units
are represented.
4.2.7.2.
Terms of Reference
4.2.7.2.1.
To advise the District Executive on matters
relating to establishing and maintaining liaison with OTF affiliates and other
groups supportive of public education.
4.2.7.2.2.
To provide for maintaining links with the Political
Action Committees in the Districts of the Greater Toronto Area.
4.2.7.2.3.
To advise the District Executive on matters
concerning political action aimed at serving the interests of the membership
at all levels of government.
4.2.7.2.4.
To implement political action activities approved
by Provincial OSSTF or the District Executive.
4.2.8.1.
District 12 OSSTF shall affiliate with the
Toronto and York Region Labour Council.
4.2.8.2.
Bargaining Unit representation at Labour Council
shall be determined by the District Executive based upon FTE
4.2.8.3.
Each Bargaining Unit shall select its own Labour
Council Delegate(s) in accordance with its own constitution.”
4.2.9.
The
Gay Straight Alliance
4.2.9.1.
Membership
4.2.9.1.1.
The Committee shall consist of those members of the District
who have an interest in the work of
the Committee, regardless of sexual orientation, and any additional members
elected or appointed by the District Executive. The Committee shall attempt to ensure that all District 12
Bargaining Units are represented.
4.2.9.2.
Terms of Reference
4.2.9.2.1.
To recommend to the District Executive, on a regular
basis, goals to be achieved and policies and action to be implemented in order
to foster a positive and supportive environment within the District for Lesbian,
Gay, Bisexual, Transgender and Queer identified members.
4.2.9.2.2.
To advocate for the recognition of the rights of members
who are Lesbian, Gay, Bisexual, Transgender and Queer identified, or those
perceived to be Lesbian, Gay, Bisexual, Transgender or Queer identified.
4.2.9.2.3.
To advocate for recognition of the rights of members
who choose to “come out.”
4.2.9.2.4.
To educate members about the serious effects of homophobia
and heterosexism and to implement measures that challenges these forms of
oppression, with the approval of the District Executive.
4.2.9.2.5.
To encourage and support members in building safe working
environments free of discrimination and respectful of all human rights.
4.2.9.2.6.
To provide a forum for members to discuss human rights
and equity issues, specifically as they relate to Lesbian, Gay, Bisexual,
Transgender and Queer identified concerns.
4.2.9.2.7.
To work in conjunction with the Human Rights Committee
and Status of Women Committee to emphasize the intersections of identity and
equity issues, and to support members in negotiating conflicting rights.
4.2.9.2.8.
To advise the Bargaining Units through the District Executive
on policies and contractual language which may be needed to protect the rights
of Lesbian, Gay, Bisexual, Transgender and Queer identified members.
4.2.9.2.9.
To establish links with community groups and labour organizations
that have common concerns.
4.2.9.2.10.
To assist the District Executive in keeping the membership
informed of events and issues pertaining to Lesbian, Gay, Bisexual, Transgender
and Queer identified concerns.
4.2.9.2.11.
To assist the District Executive in the implementation
of human rights and equity programs, actions and policies.
4.2.10.1.
The committee shall consist of those members
of the District who have an expressed interest in the work of the committee
and any additional members elected or appointed by the District Executive.
The committee shall consist of at least two (2) but no more than three (3)
members from each Bargaining Unit.
4.2.10.2.
Terms of Reference:
4.2.10.2.1.
To propose amendments to the District Constitution
and report to District Council
4.2.10.2.2.
To provide advice and assistance to the District
including the District Executive, individual
Bargaining Units and members on matters related to constitution, bylaw and
policy amendments upon request.
4.2.10.2.3.
To review, monitor, and make recommendations
on constitutions of Bargaining Units upon request.
5.
BYLAW 5 - DISTRICT FINANCES
5.1.
Duty To Report To Treasurer
5.1.1.
All District Bargaining Units shall submit
to the District Secretary/Treasurer on a monthly basis bank statements for
all accounts, and an up to date financial statement that reflects accurately
the financial status of the Bargaining unit.
5.2.
District Finance Rules and Procedures
5.2.1.
All District spending authorities shall submit
to the Finance Committee a written report by April 15 detailing projected
activities for the coming year and their estimated costs.
5.2.2.
A draft budget shall be prepared by the District
Finance Committee for presentation to the District Executive and the Bargaining
Unit Executives, and their respective AGMs.
5.2.3.
The final District budget shall be approved
at the October General Meeting.
5.2.4.
The final budget shall be the maximum expenditure
of the District for that year unless amended by District Executive by a (3/4)
three-quarters majority of the Voting Members of the Executive.
5.2.5.
An independent auditor shall be appointed at
a General Meeting, upon the recommendation of the Finance Committee in consultation
with the District Executive, in any year not audited by the Provincial Auditor.
The Auditor’s Report
shall be presented to the District Executive of each District 12 Bargaining
Unit immediately following receipt thereof.
Each District 12 Bargaining Unit shall ensure that interested members
have an opportunity to review the auditor's report.
5.3.
Reserve Funds
5.3.1.
Reserve Funds shall be placed in a Reserve
Fund Account in the name of OSSTF District 12 Toronto.
5.4.
Bargaining Unit Funds
5.4.1.
Each Bargaining Unit Treasurer shall submit
a Bargaining Unit budget to the District Secretary/Treasurer by October 15th
of each year.
5.4.2.
Bargaining Units may request that the District
Secretary/Treasurer assume the role of administering the Bargaining Unit’s
finances. Such requests shall
be for a fiscal year. Bargaining Units may discontinue that role and resume
self-administration of Bargaining Unit finances having given sixty (60) Days
notice prior to the end of the fiscal year to do so.
5.4.2.1.
In such cases, the District Secretary/Treasurer
shall pay, by cheque, all requisitions authorized by the appropriate Bargaining
Unit designate(s), on behalf of the Bargaining Unit.
5.4.3.
Bargaining Units shall have surplus funds carried
forward to the appropriate budget line for the next fiscal year.
5.4.4.
The District Secretary/Treasurer shall present
a monthly financial statement to each Bargaining Unit.
5.4.5.
Bargaining Units may, at their discretion,
establish bank accounts and be financially self-administering upon giving sixty (60)
Days notice provided that:
a)
all rules, policies and procedures of the provincial
OSSTF are adhered to.
b)
the Bargaining Unit Treasurer shall submit
to the District 12 Treasurer a monthly financial statement by the fifth (5th)
of the following month.
c)
the Bargaining Unit Treasurer shall submit
a copy of the monthly bank statement to the District 12 Secretary/Treasurer.
d)
the Bargaining Unit Treasurer shall submit
to the District 12 Treasurer, by July 30th of each year, all electronic
and printed financial records, receipts, cheques, deposit records and any
other record required to conduct the District audit.
e)
the signing authorities for any Bargaining
Unit bank account shall be any two of the Bargaining Unit President, Vice-President(s)
or Treasurer.
f)
costs incurred for the Bargaining Unit audit
shall be assumed by the Bargaining Unit.
5.5.
Spending Authorities
5.5.1.
The Spending Authority for all District Lines
shall be the District 12 Executive Council.
5.5.2.
The Spending Authority for all Secondary Teachers
Bargaining Unit Lines shall be the STBU Executive.
5.5.3. The Spending Authority for all Occasional Teachers Bargaining Unit