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February 3, 2015

proposed constitutional amendments


MOTION: be it resolved by special resolution that the University of Guelph Faculty Association Constitution shall be amended as follows:

 

1. Article 1.01 shall be amended by deleting the “and” inserting a “,” before “the Health Sciences Centre” and deleting the “.” and adding “and colleges as satellite campuses (“Satellite Campuses”)” at the end of the definition of “Colleges” to read as follows:

“Colleges” means the College of Arts, College of Biological Science, College of Management and Economics, College of Physical and Engineering Science, College of Social and Applied Human Sciences, Ontario Agricultural College, Ontario Veterinary College, the Library, the Animal Health Laboratory the Health Sciences Centre of the University, and colleges as satellite campuses (“Satellite Campuses”);

 

2. Article 3.01 shall be amended by deleting “the interest of faculty librarians and veterinarians employed at the University” and replacing it with “all interests of individuals employed at the University of Guelph and admitted into the membership of the Association,” and by deleting the following mention of “faculty, librarians and veterinarians” and replacing it with “members of the Association” to read as follows:


The purpose of the Association is the general promotion of all interests of individuals employed at the University of Guelph and admitted into the membership of the Association, including the regulations of labour relations between members of the Association and the University.

 

3. Article 6.01 shall be amended by deleting “34” and replacing it with “36” to read as follows:

The affairs of the Association and the administration of the Association’s policies shall be managed by a Council of Representatives which shall function as the board of directors of the Association and shall be composed of 36 Representatives.

 

4. Article 6.02 shall be amended by inserting “(e) Two (2) Representatives elected by the Satellite Campuses membership group” after sub-paragraph (d) to read as follows:

a) Four (4) Representatives elected by the members of each College-based membership group, excluding the members of the Library, Animal Health Laboratory and Health Sciences Centre membership groups;
b) Two (2) Representatives elected by the Library membership groups;
c) One (1) Representative elected by the Animal Health Laboratory membership group;
d) One (1)  Representative  elected  by  the  Health  Sciences  Centre  (OVC  HSC) membership group;
e) Two (2) Representatives elected by the Satellite Campuses membership group;
f) The Chief Negotiator, if not otherwise an elected Representative under 6.02(a), (b), (c) or (d); and
g) The   Chief   Grievance   Information   Officer,   if   not   otherwise   an   elected Representative under 6.02(a), (b), (c) or (d).
Any increase or decrease in the number of Representatives shall be approved by special resolution of the Representatives and members of the Association, but the Association shall not reduce the number of Representatives to less than three (3).

 

5. Article 6.04(a) shall be amended to insert “and the Satellite Campuses membership group” after “the members of the Library membership group” to read as follows:

At an annual general meeting of the members, the members of the Health Sciences Centre membership group and the Animal Health Laboratory membership group shall each elect one (1) Representative from amongst the members of their respective membership groups, the members of the Library membership group and the Satellite Campuses membership group shall elect two (2) Representatives from amongst the members of their membership group, and the members of the remaining College-based membership groups shall each elect four (4) Representatives from amongst the members of their respective membership groups.

 

6. Article 6.08 shall be amended by adding the following provisions following 6.08(e):

(f) The Representatives may meet by teleconference provided that either a majority of the Representatives consent to meeting by teleconference or meetings by teleconference have been approved by resolution passed by Council at a meeting of Council.
(g) The Representatives may meet by other electronic means that permit each Council member to communicate adequately with each other, provided that:
(a)        the Representatives have passed a  resolution addressing the mechanics of holding such a meeting and dealing specifically with how security issues should be handled, the procedure for establishing quorum and recording votes;

(b)       each Representatives has equal access to the specific means of communication to be used; and

(c)        each Representative has consented in advance to meeting by electronic means using the specific means of communication proposed for the meeting.

 

7. Article 6.11 shall be replaced with a new Article 6.11 (and the former Article 6.11 shall become Article 6.12) as follows:

6.11 Written Resolutions
A resolution or minutes in writing signed by all the members of the Council shall be deemed for all purposes to be an act of the Council to the effect therein expressed with the same force and effect as if it has been duly passed by the proper vote at a duly constituted meeting of the Council.
6.12  Powers
The Representatives of the Association shall administer the affairs of the Association in all things and make or cause to be made for the Association, in its name, any kind of contract  which  the  Association  may  lawfully  enter  into  and,  save  as  hereinafter provided, generally may exercise all such other powers and do all such other acts and things  as  the  Association  is  by  its  Letters  Patent  authorized  to  exercise. 

Without in any way derogating from the foregoing, the Representatives are expressly empowered from time to time to purchase, lease or otherwise acquire, alienate, sell, exchange or otherwise dispose of share, stock, rights, warrants, options and other securities, lands, buildings and other property, movable or immovable, real or personal, or any right or interest therein owned by the Association, for such consideration and upon such terms and conditions as they may deem advisable.

 

8. Article 7.05 shall be amended by adding the following provisions following 6.05(f):

(g) The Executive Committee may meet by teleconference provided that either a majority of the members consent to meeting by teleconference or meetings by teleconference have been approved by resolution passed by the Executive Committee at a meeting of the Executive Committee.
(h) The Executive Committee may meet by other electronic means that permit each Executive Committee member to communicate adequately with each other, provided that:
(a)        the members of the Executive Committee have passed a  resolution addressing the mechanics of holding such a meeting and dealing specifically with how security issues should be handled, the procedure for establishing quorum and recording votes;

(b)       each member of the Executive Committee has equal access to the specific means of communication to be used; and

(c)        each member of the Executive Committee has consented in advance to meeting by electronic means using the specific means of communication proposed for the meeting.


9. Article 14.01(a) and (c) shall be amended by deleting “Five Hundred Thousand Dollars ($500,000.00)” and inserting “One Million Dollars ($1,000,000.00)” to read as follows:

(a) A certain percentage of membership fees shall be transferred from the operating fund into the Association Defence Fund until there is a balance of One Million Dollars ($1,000,000.00). This Fund will provide defense for Association members in the event of a strike or other dispute. The percentage amount to be transferred shall be voted on at each general meeting.

(c) Following a strike, the Association shall automatically implement an additional $10.00 per pay period membership fee increase until the Defence fund has once again reached the mandated One Million Dollars ($1,000,000.00).

 

10. Article 14.02(a) shall be amended by deleting “three hundred thousand ($300,000.00)” and inserting “five hundred thousand ($500,000.00)” to read as follows:

(a) A certain percentage of the annual membership fees shall be transferred from the operating fund into the Association Arbitration fund until there is a balance of five hundred thousand ($500,000.00) dollars. The percentage amount to be transferred shall be voted on at each general meeting.


11. Article 18.02 shall be amended by deleting the words “three (3)” and inserting the words “four (4)” and deleting the words “Twenty Thousand Dollars ($20,000.00)” and inserting the words “Twenty-Five Thousand Dollars ($25,000.00)” to read as follows:

The Executive Committee may empower, at its discretion, the Treasurer/Secretary to obtain corporate credit cards for the Association from the financial institution commonly used by the Association. The Association may have up to four (4) corporate credit cards for daily operational use so long as the total credit limit does not exceed Twenty-Five Thousand Dollars ($25,000.00).

 

12. Amend the first and the third paragraph of the Policy on Conflict of Interest by deleting “faculty, librarians and veterinarians and” and replacing it with “individuals employed at the University of Guelph and admitted into the membership of the Association” so that they read as follows:


The Association is the union representing individuals employed at the University of Guelph and admitted into the membership of the Association. Through democratic representation the Association strives to be a strong voice for our  members in all aspects of academic and professional life.

The purpose of this policy is to clarify the dual responsibility Executive Committee and Council members have to their respective departments/colleges, to the membership at large and to the Association. On the one hand, Executive Committee and Council members are elected because of their experience and the respect in which their expertise is held by the Association membership. The representative nature of the Executive Committee and Council members enhances the acceptability of Executive Committee and Council decisions. It promotes wide ranging discussion and ensures the Association is responsive to the needs of all individuals employed at the University of Guelph and admitted into the membership of the Association.  Each Executive and Council member understands the general, broad interests of the Executive Committee and Council position held and the constituency/portfolio he or she represents. It is also intended that each Executive Committee and Council member will bring an understanding of the general, broad interests of all Association members with the exercise of Executive Committee decisions.

 

13. Amend paragraph (e) of the Policy on Conflict of Interest to delete “faculty, librarians and veterinarians” and replace with “members of the Association” to read as follows:

(e) Executive Committee and Council members must not compromise or undermine the trust which the members of the Association place in the Association by disclosing confidential information or in camera-discussions.


POSTED BY: Susan Hubers

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