OFL Constitution - English 11
OFL Constitution - English 11
OFL Constitution - English 11
of Labour
(CLC)
Constitution
Latest Revision
November 2005
Contents
Page
Article I.........................................................................................................................................1
Article II .......................................................................................................................................1
Article III - Membership........................................................................................................2
Article IV - Conventions .......................................................................................................3
Article V - Officers...................................................................................................................8
Article VI - Duties of the President ...............................................................................11
Article VII - Duties of the Secretary-Treasurer ........................................................12
Article VIII - Duties of the Executive Vice-President............................................13
Article IX - Executive Board .............................................................................................14
Article X - Executive Council ...........................................................................................15
Article XI - Revenue .............................................................................................................16
Article XII - Amendments ..................................................................................................16
Article XIII - Rules and Regulations..............................................................................16
Article I
Article II
8. To aid and encourage the sale and use of union made goods and union
services through the use of the union label and other symbols.
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9. To protect the labour movement from all corrupt influences and from the
undermining efforts of all totalitarian agencies which are opposed to the
basic democratic principles of democracy and free and democratic
unionism.
11. To promote the labour press and other means of furthering the education
of the labour movement.
13. To promote employment equity for visible minorities, women, gays and
lesbians, First Nations, aboriginals, the disabled and francophones and
to work for the elimination of all unfounded and illegitimate barriers to
employment of all persons.
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Article IV - Conventions
(d) Except as provided in Sub-section (b) a special convention shall exercise the
same authority as regular conventions.
That where an organization affiliates and pays per capita tax on all of its
membership in the province through a central provincial organization, such
organization shall be allowed two delegates to the Federation convention.
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Section 5. Not less than 90 calendar days prior to the opening of each regular
convention and not less than 30 calendar days prior to each special
convention, the Secretary-Treasurer shall furnish each affiliate with credential
blanks in duplicate, which must be attested as required on the blanks. The
original shall be retained by the delegate, and the duplicate sent to the
Secretary-Treasurer. A person must be a member of the local union, branch or
lodge he/she represents at convention. Two or more local unions, branches or
lodges may combine to send a delegate. No credentials shall be accepted later
than 15 calendar days prior to the opening date of a regular convention, and
10 calendar days prior to a special convention. Conventions may permit seating
of delegates upon recommendations of the credentials committee.
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Section 10. Prior to the opening date of the convention the President, on the
authority of the Executive Board, shall appoint a Committee on Credentials
subject to the ratification of the convention. Such committee shall consist of
not less than three members chosen from those on whose behalf credentials
have been submitted. The committee shall meet prior to the opening date of the
convention, shall pass on the validity of the credentials which have been
received by the Federation and register those approved by the committee. It
shall report to the convention on the first day thereof and subsequent days if
necessary. The convention shall be constituted for business and delegates
deemed to be seated upon report by the committee and acceptance thereof by
the delegates so reported. Appeals from any decision of the committee shall be
laid before the convention so constituted.
Section 12. Officers of the Canadian Labour Congress and invited fraternal
delegates attending conventions of the Federation shall be entitled to all the
rights of delegates other than voting or standing for office.
Section 13. (a) Except as provided in Sub-sections (c) and (d) of this Section, all
resolutions, petitions and appeals to be considered by any convention of the
Federation must be received by the Secretary-Treasurer 30 calendar days
immediately preceding the opening of the convention.
(b) Any resolution to be accepted shall be received by the Federation via mail,
facsimile, in person, or email and must be submitted by the Executive Board or
by an organization affiliated to the Federation and signed by the presiding
officer. A resolution shall not deal with more than one subject, shall refer to the
action which is proposed, and shall contain not more than one hundred and
fifty (150) words exclusive of the words “whereas”, “therefore be it resolved” and
“therefore be it further resolved.”
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(e) Resolutions, petitions or appeals properly received for consideration by the
convention shall be classified as to nature, contents and subject matter and
referred to an appropriate convention committee, which shall report thereon to
the convention prior to consideration of any such matter by the convention.
Section 14. Prior to the opening date of the convention the President, on the
authority of the Executive Board, shall appoint such committees as are
necessary to conduct the affairs of the convention. The Executive Board may
request any such committee to meet prior to the convention for the purpose of
considering matters placed before it, in which event the members thereof shall
be paid by the Federation such amount for wages and expenses for such extra
days as the Executive Board shall determine.
Section 15. One fourth of the registered delegates at any convention shall
constitute a quorum for the transaction of business.
5. A delegate shall not speak more than once upon a subject until all who
wish to speak have had an opportunity to do so.
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8. Should a delegate persist in unparliamentary conduct, the Chair will be
compelled to name such delegate and submit the delegate's conduct to
the judgment of the convention. In such case the delegate whose conduct
is in question should explain and then withdraw, and the convention will
determine what course to pursue in the matter.
9. When a question is put, the Chair, after announcing the question, shall
ask: "Are you ready for the question?" If no delegate wishes to speak the
question shall be put.
11. A delegate may appeal the decision of the Chair. The question is not
debatable. The delegate challenging the Chair may briefly state reasons
for the challenge. The Chair may make an explanation of the ruling. The
question shall then be put, thus, "Shall the decision of the Chair be
sustained?"
12. The Chair shall have the same rights as other delegates to vote on any
question. In case of a tie vote, the person chairing shall cast the deciding
vote.
15. A delegate shall not move a motion to refer back after they have spoken
on the question at issue.
16. A motion to refer back is not debatable and when properly seconded the
question shall be immediately put to the convention.
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18. When a question is pending before the convention, no motion shall be in
order except - to refer - for the previous question - to postpone for a
definite time. If any of the foregoing motions is negated, it cannot be
renewed until after an intermediate proceeding.
19. A motion may be reconsidered providing the mover and seconder of the
motion to reconsider voted with the prevailing side and notice of motion
has been given for reconsideration at the previous sitting. A motion to
reconsider shall require a two-thirds majority to pass.
21. In all matters not regulated by these rules of order, Roberts Rules of
Order shall govern.
Section 17. Unless otherwise specified, any decision taken by the convention
shall take effect immediately upon adjournment of the convention.
Article V - Officers
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The Vice-Presidents representing the fifteen (15) largest affiliates and the eight
(8) affiliate affirmative action and allocated to women seats shall be determined
by examination of OFL per capita records for the previous twelve (12) months
on each November 1.
In the event of a new affiliation to the Federation by a union that would qualify
as one of the fifteen largest affiliates, the Executive Board has the authority to
add representative(s) of such union to the Board. Such a decision, however, will
not affect the position of any current vice-president(s) until the application of
Article V, Section 1.1 (paragraph 2).
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Section 4. Election of full-time officers shall be by secret ballot. A majority of
votes cast shall be required before any candidate can be declared elected, and
second and subsequent ballots shall be taken if necessary to obtain such a
majority. On the second and subsequent ballots the candidate receiving the
lowest number of votes in the previous ballot shall be dropped. In case of a
final tie vote the presiding officer may cast the deciding vote.
Section 6. All Officers before assuming office in this Federation shall take the
following oath:
Section 7. The term of officers of the Federation shall commence within thirty
days following the adjournment of the convention.
Section 9. In the event of a vacancy in any office of the Executive Board the
vacancy shall be filled at the next regular meeting.
Section 10. In the event of a tie vote in the Executive Board the President shall
cast a deciding ballot.
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Section 11. The Executive Board may cause to be incorporated a corporation
or corporations for the purpose of acquiring, administering, and disposing of
real property on behalf of the Federation. If no such corporation exists, or as
otherwise determined by the Executive Board, the Executive Officers of the
Federation shall hold title to any real property of the Federation as trustees for
the Federation.
Section 12. (a) All Officers, former Officers and employees of the Federation,
and their heirs, executors and administrators, and estate and effects,
respectively, shall at all times be indemnified, out of the funds of the
Federation, from all costs whatsoever incurred by the person in any proceeding
to which the person is made a party by reason of being or having been an
Officer or employee of the Federation, for any thing whatsoever, made, done or
permitted by the person in the execution of his or her duties as an Officer or
employee of the Federation, or as an Officer or Director of any corporation to
which office the person is appointed for the purpose of representing the
Federation, provided that:
(i) the person acted honestly and in good faith with a view to the best
interests of the Federation; and
(b) The Federation may purchase and maintain insurance for the benefit of any
Officer or employee of the Federation against any liability incurred by him or
her in his or her capacity as an Officer or employee, or as an Officer or Director
of any corporation to which office the person is appointed for the purpose of
representing the Federation, except where the liability relates to his or her
failure to act honestly and in good faith with a view to the best interests of the
Federation.
Section 1. The President shall function as the chief executive officer of the
Federation. The President shall exercise supervision over the affairs of the
Federation, sign all official documents and preside at regular and special
conventions, and at meetings of the Executive Board. The President may dele-
gate his or her authority under this section in writing to another Officer, and
such authority shall be good for the remainder of the Officer's term unless it is
revoked by the President.
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Section 2. Subject to appeal to the Canadian Labour Congress, the President
shall have authority to interpret this Constitution, and his/her interpretation
shall be conclusive and in full force and effect unless reversed or changed by
the Executive Board or a convention.
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Section 7. The Secretary-Treasurer is empowered to require affiliated
organizations to provide statistical data in their possession relating to the
membership of their organizations.
Section 8. The Secretary-Treasurer shall issue the call for and act as
secretary at conventions, and shall cause the proceedings of all conventions
and all sessions of the Executive Board to be recorded. Copies of all
proceedings shall be forwarded to the Canadian Labour Congress.
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Section 3. The Executive Vice-President shall be a fulltime officer of the
Federation and shall receive a salary of $60,873.14 effective October 1, 1989,
and in addition a cost of living allowance adjusted quarterly, plus expenses.
There will be a three percent increase on the salary of the Executive Vice-
President effective October 1, 1990 and every two years thereafter with the
Cost-of-Living adjustment folded in on September 30, 1990 and every two years
thereafter. The Federation shall provide a pension and other fringe benefits as
determined by the Executive Board.
Section 2. The Executive Board shall meet at least four times each year.
Section 4. (a) The Executive Board shall be the governing body of this
Federation between conventions. It shall have power to conduct all of the
operation and affairs of this Federation. Subject to Article XII (Amendments),
no action taken by the Executive Board shall require confirmation or
ratification by convention in order to become valid or to bind this Federation.
(b) The Executive Board shall take such action and render such decisions as
may be necessary to carry out fully the decisions and instructions of the
conventions and to enforce the provisions of this Constitution.
(c) Without limiting the generality of the foregoing paragraphs (a) and (b),
the Executive Board shall have the following powers:
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(iii) to conduct an investigation of any situation in which there is
reason to believe that any affiliated organization may be
dominated, controlled or substantially influenced in the conduct of
its affairs by any corrupt influence, or that its policies or activities
are contrary to the principles or policies of the Federation. Upon
the completion of such an investigation, including a hearing if
requested, the Executive Board shall have the authority to make
recommendations to the organization involved and the Canadian
Labour Congress. It shall have the further authority upon a two-
thirds vote of the Board to suspend any organization. Any action of
the Executive Board under this Section may be appealed to the
Canadian Labour Congress and if necessary to the following
convention.
Section 6. The Canadian Labour Congress shall hear appeals from decisions
of the Executive Board.
Section 7. The Executive Board shall present to the convention a report of the
activities of the Federation between conventions.
The Executive Council shall meet at least three times each year and shall be
composed of:
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Article XI - Revenue
Section 1. A per capita tax shall be paid upon the full paid up membership of
each organization excluding labour councils.
Section 2. Each affiliated local union, branch or lodge shall pay, before the
first day of each month, for the preceding month, a per capita tax for each
member as follows: 58 cents per member effective December 1, 2001; 63 cents
per member effective December 1, 2002.
Section 3. Any organization which does not pay its per capita tax on or before
the time specified shall be notified of that fact by the Secretary-Treasurer of the
Federation. Any organization three months in arrears in payment of per capita
tax may become suspended from membership.
This Federation may adopt such rules and regulations as they do not conflict
with, nor are inconsistent with, the provisions of the Constitution or the
policies of the Canadian Labour Congress. Such rules and regulations may be
adopted either at convention or, in between conventions, by the Executive
Board pursuant to Article IX, Section 4 (c)(i), as the case may be.
Cope343
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