PREAMBLE
These By-Laws, in general, pertain to matters of Group organization not covered by the By-Laws and Regulations of The Professional Institute of the Public Service of Canada and are made pursuant to those By-Laws and Regulations.
DEFINITIONS
“Institute” means The Professional Institute of the Public Service of Canada”
“Members” means those who meet the requirements of By-Law 3 and have taken out membership with the Institute.
“Employer” shall be defined in the Group’s collective agreement.
BY-LAW 1 NAME
The name of this organization shall be the National Energy Board Professional Group of The Professional Institute of the Public Service of Canada, hereinafter referred to as the “Group”.
BY-LAW 2 GROUP AIM
The aim of the Group shall be to further the professional interests of its members; to protect that status and standards of their professions; to formulate and express the views of the members on matters affecting them, and to ensure that the interests of the Group are represented in all proceedings of the employer and of the Institute that may affect the Group. The Group Executive shall speak for the Group in dealing with the Institute. This in no way infringes on the right of an individual to approach the Institute on his own behalf.
BY-LAW 3 MEMBERSHIP
3.1 Any member who belongs to the Group and who is a Regular member of the Institute shall also be a Regular member of the Group.
3.2 Any Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group, with the right of full participation in its affairs, including the right to run for office, vote in Group elections, attend General Meetings with full voting rights, including the right to move and second motions, and vote on other Group issues.
BY-LAW 4 RIGHTS OF MEMBERS
4.1 Only Regular members shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements. Retired members who cease to be Regular members during the retroactive period of a collective agreement have the right to vote on that tentative agreement that affects them, unless otherwise precluded by applicable legislation.
4.2 Only Regular and Retired members shall be eligible to hold office, nominate members for positions on the Group Executive, propose amendments to the Constitution and By-Laws of the Group, and vote in Group affairs.
4.3 All members shall be eligible to attend and speak at General Meetings of the Group.
BY-LAW 5 FINANCES
5.1 Fiscal Year The fiscal year of the Group shall be the calendar year.
5.2 Expenditures The Group Executive shall expend such monies as it considers necessary for the conduct of the business of the Group.
5.3 Bank Account The Group Executive shall maintain an account in the name of the Group at a financial institution of its choice for the deposit of the funds of the Group.
5.4 Signatures Financial transactions shall require the signatures of any two (2) of the President, Vice-President and Secretary-Treasurer of the Group.
5.5 Auditing As required, auditing and verification procedures shall be carried out by members of the Group who are not responsible for administration of Group funds.
BY-LAW 6 GROUP EXECUTIVE
6.1 Composition
6.1.1 The Group Executive shall consist of a President, a Vice-President, and a Secretary-treasurer, plus up to four (4) Members-at-Large.
6.1.2 The Group Executive should consist of no less than two (2) members at the NEB-1 to NEB-8 levels and no less than two (2) members at the NEB-9 to NEB-12 levels.
6.2 Term of Office The term of office for all members of the Group Executive shall not exceed two (2) years.
6.3 Meetings The Group Executive shall meet as frequently as is required, but at least twice a year.
6.4 Quorum A quorum shall consist of three (3) members of the Group Executive.
6.5 Voting Decisions shall be by majority vote.
6.6 Vacancies
6.6.1 If a position, other than that of President, becomes vacant for any reason, the remaining officers of the Executive may, at their next meeting, act to fill the vacancy until the end of the original term of office.
6.6.2 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the end of the original term of office. The position of Vice-President shall then be filled in accordance with these By-Laws.
6.6.3 Any officer who is absent from two (2) consecutive meetings of the Executive without valid reason shall be considered to have resigned from the Executive.
BY-LAW 7 DUTIES OF THE GROUP EXECUTIVE
7.1 President The President shall call and preside at all meetings of the Group and Group Executive.
7.2 Vice-President The Vice-President shall assist the Chair in the performance of his duties and, in the absence of the President, perform the duties of that position.
7.3 Secretary-Treasurer The Secretary-Treasurer shall be responsible for sending notices of all meetings of the Group and of the Group Executive. The Secretary-Treasurer shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and the Group Executive, and shall ensure that a copy of minutes are filed with the Institute. The Secretary-Treasurer shall also maintain the financial records of the Group as required by Institute policy, prepare a financial report for each General Meeting of the Group, submit a detailed financial statement to the Institute as required, and prepare the request for annual allowance of the Group. Copies of the financial report shall be available to all Group members.
7.4 Members-at-Large Members-at-Large shall perform such duties as may be assigned by the Executive.
7.5 Committees The Executive shall establish committees as necessary, with terms of reference and membership decided by the Executive. Committees shall be dissolved by majority vote of the Executive.
BY-LAW 8 ELECTIONS
8.1 Elections shall be held at the Annual General Meeting of the Group.
8.2 Nominations may be made in writing, supported by at least two (2) members of the Group, or may be moved and seconded from the floor of the Annual General Meeting by members of the Group. In either case, the nominee must indicate a willingness to serve if elected.
8.3 The candidate receiving the highest number of votes for a position shall be declared elected. Voting may be by show of hands or by secret ballot, as determined at the meeting.
8.4 The newly elected Executive shall take office immediately following the announcement of the results of the election.
BY-LAW 9 GENERAL MEETINGS OF THE GROUP
9.1 Annual General Meeting
9.1.1 The Annual General Meeting of the Group is its supreme governing body.
9.1.2 The Executive shall call a General Meeting of the Group at least once each calendar year. The interval between such meetings shall not exceed fifteen (15) months.
9.1.3 Quorum The quorum for the Annual General Meeting shall consist of twelve (12) voting members of the Group over and above the Group Executive members.
9.1.3.1 Failure to Obtain Quorum If the quorum is not obtained, the meeting shall be rescheduled by the Group Executive. Notice of the rescheduled meeting shall be sent within two (2) weeks of the original meeting date. Fifty percent (50%) of the Regular and Retired members present when the meeting is called to order shall constitute the quorum.
9.1.4 Agenda The agenda shall include the following items:
Roll Call (members of the Group Executive)
Approval of the Agenda
Adoption of the Minutes of the previous
Annual General Meeting
Business Arising from the Minutes
Report of the President
Annual Financial Report
Elections (if applicable)
New Business
9.1.5 Voting Only Regular and Retired members present at the Annual General Meeting are eligible to vote. Voting shall normally be by a show of hands and each member shall have one (1) vote. Decisions shall be by a simple majority.
9.2 Special General Meetings
9.2.1 Special General Meeting of the Group shall be called by the Group Executive or at the written request of at lease twelve (12) voting members of the Group. This meeting shall be held within six (6) weeks of such call or request. Only the matter(s) for which the Special General Meeting was called shall appear on the Agenda.
9.2.2 The same requirements shall apply to the quorum and voting at Special General Meetings as are prescribed for the Annual General Meeting.
BY-LAW 10 RULES OF PROCEDURE
At any meeting of the Group or Group Executive, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure. The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest version of Sturgis’Standard Code of Parliamentary Procedure.
BY-LAW 11 CONSTITUTION AND BY-LAWS
11.1 These By-Laws may be amended at a General Meeting of the Group or by a referendum of the Group. In either case, approval for amendments requires a simple majority of those voting.
11.2 All proposals for amendments to these By-Laws shall be submitted, in writing, to the Executive. Proposed amendments may be submitted by any Regular or Retired member of the Group.
11.3 This Constitution and By-laws, and any amendments thereto, shall take effect upon approval by the Institute and ratification by the Group membership.
BY-LAW 12 REGULATIONS
12.1 The Executive may make such Regulations, not inconsistent with these By-Laws, as it deems appropriate for the operation of the Group.
12.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review.
12.3 Each such Regulation shall be presented to the next General Meeting of the Group, and may be rescinded or amended by such meeting.
BY-LAW 13 CONTEXT AND GENDER
In this Constitution and By-Laws, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution and By-Laws.
Approved by the Board of Directors
March 4, 2006