CUPW Local 850
By-Laws

Article 1 – Organization 

1.01 This organization shall be known as the Canadian Union of Postal Workers, Victoria Local, and hereinafter called the “Local.”

 

1.02 The objectives of this Local shall be:

To improve the general well being of its members and, in particular, the wages, hours of work and working conditions;

To unite all workers of Canada’s Postal system, communications and related services in accordance with our National Constitution;

To promote the fundamental principles of Trade Unionism and the improvement of working conditions of all workers;

To defend the rights and benefits acquired by the Union;

To help the members realize that the power of the Union rests on their collective strength;

To establish close links with the entire Trade Union Movement, through affiliation with the national, provincial and local central labour bodies and through active participation in their endeavours;

To commit itself to the objective of transforming the present social and economic order consistent with the interests and aspirations of workers and their allies.

 

Article 2 – Affiliation 

2.01 This Local shall affiliate with local labour councils and the B.C. Federation of Labour, as required by the National Constitution.

 

Article 3 – Local Executive Committee 

3.01 The Local Executive Committee shall be comprised of the following:

President

1st Vice President

2nd Vice President

Secretary-Treasurer

Executive Shop Steward

Grievance Officer

Recording Secretary 

Executive Health & Safety Officer

Organizing Officer

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3.02  President

There shall be a Local President whose duties shall include those in 9.11 of the National Constitution. Additionally, they shall ensure that each shift at each installation is visited at least once every three (3) months by their self or a designated.

The Local President shall be a paid officer of the Local, entitled to a minimum of 20 hours per week or equivalent on a monthly basis as regulated by the Local budget. 

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3.03  1st Vice President

The 1st Vice President’s duties shall be as per Article 9.12 [except (f)] of the National Constitution, with the addition that in the event of the absence of a member of the Local Executive Committee, they shall assume the duties of that office as requested or required.

 

3.04  2nd Vice President

The 2nd Vice President's duties shall be as per Article 9.12 (f) of our National Constitution as well as organizing the local education committee program.

The 2nd Vice President shall form a publications committee, see to its continuance and act as its executive liaison.

The 2nd Vice President shall assist the 1st Vice President as required. 

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3.05  Secretary-Treasurer

The Local Secretary-Treasurer shall be a paid officer of the Local entitled to a minimum of 20 hours per week or equivalent on a monthly basis as regulated by the Local budget. The duties shall include those in 9.13 of the National Constitution.

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3.06  Executive Shop Steward

The Executive Shop Steward shall:

have the primary responsibility for the education, organization and servicing of the steward body. They will receive assistance from the 2nd Vice President as requested;

develop a program of steward meetings as determined by the Local Executive Committee;

 report the disposition of any grievance to the grievor and/or shop steward upon request;

assist the Grievance Officer and the President in the preparation and presentation of grievances under the direction of the President;

 

3.07  Grievance Officer

The Grievance Officer, under the direction of the President, shall:

have the primary responsibility for the administration of the grievance procedure including the preparation and presentation of grievances;

log and maintain a record/file of all grievances showing their current status;

report the disposition of any grievance upon request;

provide the membership with a monthly overview on the numbers and types of current grievances at general membership meetings. 

The Grievance Officer shall be a paid officer of the Local entitled to a minimum of 20 hours per week, or equivalent on a monthly basis as regulated by the Local budget.

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3.08  Recording Secretary

The Recording Secretary will record the minutes of the Executive meetings, general meetings and meetings of the general membership. They will bring minutes of meetings for at least the past year to each meeting. The minutes of each meeting will be distributed to the executive within five (5) days of that meeting. A file of the minutes of past meetings will be kept in the Union office. 

The Recording Secretary shall:

be responsible for keeping the attendance records for all meetings;

barring emergency elections, post a list of all eligible members for election on the Union bulletin boards prior to the nominating meeting;

perform other duties as directed by the Local Executive Committee. 

 

3.09  Executive Health and Safety Officer

The Executive Health and Safety Officer, under the direction of the President, shall;

Oversee and administer the work of the Local Joint Health and Safety Committee,

Act as a liaison between the CUPW Pacific Regional Office and the Local Joint Health and Safety Committee,

Provide input and feedback to the 2nd Vice President for all Health and Safety-related education.

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3.10  Organizing Officer

The Organizing Officer, under the direction of the President, shall:

   Develop and coordinate picket captains in preparation for a labour dispute,

   Act as a liaison between the CUPW Pacific Regional Office and the Local in matters related to organizing,

   Provide input and feedback to the 2nd Vice President for all organizing-related education.

 

Article 4 – Election of Officers and Delegates 

4.01(a) Election of Local Executive Officers

The Local Executive officers are: President, Grievance Officer, Executive Shop Steward, Recording Secretary, Secretary-Treasurer, 1st Vice-President, 2nd Vice-President, Executive Health & Safety Officer and Organizing Officer.

The President, Grievance Officer, Executive Shop Steward, and Recording Secretary will be elected every four (4) years, except the 2021 election, which will be a three (3) year term.  The election of the President, Grievance Officer, Executive Shop Steward and Recording Secretary will be a four (4) year term for the 2024 election and shall remain a four (4) year term thereafter.  Following the 2024 election, the By-laws of the Victoria local 850 will be amended to remove this bylaw change as it will no longer be applicable.

The Secretary-Treasurer, 1st Vice-President, 2nd Vice-President. The Executive Health & Safety Officer and Organizing Officer will be elected every 4 years.

These elections will alternate between the two groups.

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4.01(b) Eligibility for Nomination

In order to be eligible for one of the Local Executive officer positions, a nominee must be a member in good standing and must have attended fifty percent (50%) of the general membership meetings they are eligible to attend in the previous twelve (12) months.

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4.01(c) Nominations

All candidates for Local executive office shall be nominated by members in good standing.

Nominations and acceptances shall be submitted before the end of the September general membership meeting.

Furthermore, nominations may be submitted in writing to the Secretary-Treasurer prior to the September general membership meeting.

A nomination may be made at the meeting, and the nominee may submit their acceptance in writing.

In case of a written nomination, the nominee’s signature will verify their acceptance of their nomination.

Candidates who hold an Executive position and are seeking election in another Executive position prior to the expiry of their term must tender their written resignation.

Such resignation must accompany their written nomination and acceptance. The effective date of the resignation shall be at least one week prior to voting on the contested position.
 

4.01(d) Posting Nominations

The Secretary-Treasurer will be responsible for posting a list of nominees to date for each office on the notice boards immediately subsequent to the nominating meeting.

 

4.01(e) Election System

The candidate who receives a majority of the valid secret ballots cast will be elected to the Executive office for which they were a candidate.

In the event that no candidate receives a majority ballots cast in the first ballot, then a run-off election shall be held between the two leading candidates.

In the event that any candidate withdraws, the run-off election shall be between the two leading candidates who remain.

In the event that there is a tie for first place, the run-off election will be between the first-place candidates.

In the event that no candidate receives a majority of ballots cast in the first ballot and there is a tie between the second and third place candidates, then a run-off election shall be held between the candidates who are in second and third place.

The winner of this run-off election will then participate in a run-off with the first-place candidate, and the election will be determined by the candidate who receives the majority of the ballots cast.

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4.01(f) Eligibility to Vote

In order to be eligible to vote, a member must be a member in good standing.

Eligible members working within the Greater Victoria area may cast a ballot in the election of Local Executive officers, on the work floor at their place of work.

For Local union purposes, the Greater Victoria area will include Sidney and Depot 4.

Eligible members of the Victoria Local working outside of the Greater Victoria area may vote by mail-in ballot.

Eligible members who miss the work floor balloting for any reason may vote in person at the Local union office during the published voting period.

Eligible members away from work due to illness or who will be on other leave may request a mail-in ballot. 

All members who are eligible for mail-in ballots will be encouraged to maintain a current mailing address with the Local union office.

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4.01(g) Balloting Committee

A Balloting Committee will be elected from the members who are not candidates for Executive office.

The Balloting Committee will be elected at the first general membership meeting prior to the September general membership meeting from the members present and/or submit a written nomination and acceptance for a two-year term.

The Balloting Committee will consist of at least three (3) members and three (3) alternates.

The Balloting Committee will follow the schedule for the work floor balloting times provided by the Executive Committee.

The Balloting schedule will be planned to ensure that the maximum number of members of the Victoria Local may vote while at their place of work.

The Balloting Committee will be responsible for sending out the mail-in ballots.

 

4.01(h) Voting

At least two (2) members of the Balloting Committee will attend each work floor as scheduled to conduct the balloting.

The Secretary-Treasurer will provide a list of eligible members who may vote to the Balloting Committee, which will check this list for every member’s eligibility prior to presenting a ballot.

The eligible member will be required to sign the list next to their name to confirm receipt of
their ballot.

Eligible members who are at work during the scheduled visit may vote.

It is understood that some members will be missed in this process due to leave or other unforeseen circumstances.

The members who did not vote at their place of work may vote at the Union office during the time scheduled for balloting.

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4.01(I) Counting Ballots

The Balloting Committee will endeavour to inform all members through published notices and letters accompanying mail-in ballots of the cut-off time for receiving ballots.

The Balloting Committee will recommend to the Local Executive Committee, for review and approval, a date for counting all the ballots.

Candidates and their representatives may be present during the counting of ballots.

No ballot boxes, nor will any mail-in ballots be opened prior to the date set for the counting of the ballots.

Mail-in ballots must be received prior to the cut-off time set by the Balloting Committee.

Ballots received after the cut-off time will not be considered in determining the outcome of the election.

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4.01(j) Retaining Office

An executive officer must attend at least seventy-five (75%) of the general membership and special meetings yearly that they were eligible to attend, in order to retain office.

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4.01(k) Mid Term Election

Should a vacancy occur in an executive officer’s position, then a notice of vacancy and a call for nominations will be given at the next general membership meeting with the election to cover the interim period of time until the next plant gate at the following meeting. Any eligible member wishing to stand for election will submit their nominations in writing to the Secretary-Treasurer ten (10) days prior to the election meeting.

An election to cover the remainder of the term of office shall take place as part of the next annual plant gate, if applicable.

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4.02 Election of Delegates/Alternates to National Convention and/or Wage & Contract Event(s) 

The election of delegates to the national convention of the Union shall be in accordance with section 3.05 of the National Constitution.

(a) Delegates shall be elected at the January General Membership Meeting of the year prior to the year of the National Convention and shall serve until the following convention election.

(b) Alternate delegates shall be elected in the event any delegates are unable to attend or become Ineligible to attend National Convention.

(c) Delegates and alternates for Wage and Contract events shall be elected as close as possible to one year prior to the expiration of the Collective Agreement(s).

(d) To be eligible, a nominee must have attended fifty percent (50%) of the general membership meetings he/she was eligible to attend in the previous twelve (12) months.

 

4.03(a) Delegates to National Convention

The election of delegates and alternates to the National Convention of the Union shall be in accordance with Article 3.05 of the National Constitution. Election of said delegates and alternates shall be held at the Local General Membership meeting following the Pre-Convention Regional Conference. 

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4.03(b) Delegates to Special Convention

The election of delegates and alternates to a Special Convention of the Union shall be in accordance with Article 3.43 of the National Constitution, with the provision that the election be from among the Pre-Convention Area Council delegates and, failing that from among the Pre-Convention Area Council alternates. 

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4.04 Labour Council Delegates

Labour Council delegates and alternates shall be elected for a two (2) year term at the December membership meeting. There will be a separate election for alternates. 

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Article 5 – Finances 

5.01 – eliminated January 21, 2023

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5.02 A union officer using their vehicle for Union business will be reimbursed at the rate specified in the National Constitution. Receipted parking costs will be reimbursed. 

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5.03 The fiscal year of the Local shall correspond to that of the National Office. The audits shall be done by the elected trustees. 

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5.04 The local monthly dues assessment for all employees in the bargaining units shall be $5.00. 

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5.05 Upon approval of the Local Executive Committee, a member will be reimbursed up to fifteen ($15) dollars per hour, per household to a maximum of $100 per day per family or $115 per day for care of children or dependants with special needs for child/elder care expenses incurred while participating in local union activities. The member will provide receipts to the Secretary-Treasurer of the Local. 

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5.06 Any member of the Rural Suburban Mail Carriers unit, or any members of Urban Operations hired into the bargaining unit on or after February 1, 2013, who are booked off for union business under Article 21 of the Rural and Suburban Mail Carriers collective agreement or Article 26 of the Urban Operations Collective Agreement shall have their wages topped up by the Local to the top PO4 rate found in Appendix A (excluding Retail Lead Hand) of the Urban Operations Collective Agreement.

Top-up wages will not be issued for amounts of less than $10.00.  Top-up wages will be paid out when accumulated to $10.00.  If top-up wages do not amount to $10.00 in a fiscal year (January 1 – December 31), top-up wages will not be paid.

An Executive member will be paid the top-up rate of the top PO4 rate (excluding Retail Lead Hand) plus 10% when booked off for work in the local for the local.

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5.07 a) Any member in Good Standing who uses their personal vehicle for greater than forty km (>40km) from their primary residence, to attend (with the Local Executive Council’s approval) any Local educations for which the Member is entitled to wage compensation, shall be reimbursed for mileage at a rate as set out in Article 7.44 of the National Constitution.

      b) Any Member in Good Standing who requires transportation by bus of ferry to attend (with the Local Executive Council’s approval) any Local Educations, for which the Member is entitled to wage compensation, will be eligible for partial or total reimbursement of said transportation costs, subject to approval by the Local Executive Committee.

      c) All reimbursements made under Article 5.07 shall be done so in accordance with the process established by the Local Executive Committee.  Such reimbursement requests shall be submitted to the Local Executive Committee no later than fifteen (15) calendar days after the Education.

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Article 6 – Committees 

6.01 Any committee constituted by the Local, with the exception of the Conflict Committee and Trustees, must have at least one executive officer as an active member of the committee. The President of the Local shall be an ex-officio member of all committees of the Local in accordance with Article 9.11(j) of the National Constitution.

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6.02 Joint Health and Safety Committees

The President or their delegate shall be the chairperson of the Union’s delegations to the Joint Health and Safety Committees.

The other delegates and alternates to the committee shall be elected upon the recommendation of the Local Executive Committee at any General membership meeting and re-elected on an annual basis, upon the recommendation of the Local Executive Committee at the January membership meeting.

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6.03 Conflict Committee

The Conflict Committee shall be composed of three (3) members. Two members shall be elected biannually at the January membership meeting. The third member shall be appointed by the Local Executive Committee and shall act as Chairperson of the committee.

Two alternates shall be elected and shall sit on the committee should an elected member be unable to act or a vacancy occur in an elected position.

The Conflict Committee will assist members prior to charges being laid under Article 8 of the National Constitution. Any unresolved issues will be escalated to the Regional Disciplinary Committee as per the National Constitution.

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 6.04 Grievance Committee

The Grievance Committee shall consist of the President, Grievance Officer, Executive Shop Steward and 1st Vice President, if they desire. The committee shall be open to interested stewards to attend. Its primary function will be to study the results of grievances and arbitrations.

 

6.05 Trustee Committee 

There shall be four (4) trustees to carry out a yearly audit. Three (3) trustees shall be considered a quorum. Each year, two (2) trustees shall be elected at the November membership meeting for a two (2) year term. Shop stewards shall be eligible for election to the committee; however, trustees shall not hold a position on the Local Executive Committee. The trustees shall meet each year following the November membership meeting to elect a chair and a secretary. 

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6.06 Women’s Committee

The Local Women’s Committee function shall be to study issues and concerns affecting women and shall make recommendations to the Local Executive Committee on:

Involvement of women in the Union with the goal of full participation of women at all levels of the Union;

The education of the membership on equality issues facing women;

The situation of women in the post office and ways to improve it. 

The Local Women’s Committee shall maintain an ongoing communication with the National Women’s Committee regarding matters which are of concern to the Women’s Committees of the Union. 

The committee shall determine its own procedure for the conduct of meetings and shall be composed of women members of the Local. 

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6.07 Human Rights Committee

The Local Human Rights Committee shall include at least one member of the executive as per Article 6.01 of the by-laws. The members should include workers of colour, aboriginal people, lesbians, gays, transgender people and disabled (differently abled) people. 

The committee shall encourage the participation of all people of colour, aboriginal people, lesbian, gay, transgender people and disabled people within our Union, with the goal of tolerance and respect. 

The Local Human Rights Committee shall maintain ongoing communication with the National Human Rights Committee regarding matters which are of concern to the Human Rights Committee of the Union. 

The Local Human Rights Committee shall study, report and make recommendations to the Local Executive Committee on:

The education of the membership on equality issues facing people of colour, aboriginal people, lesbians, gays, transgender people and disabled people;

The involvement of people of colour, aboriginal people, lesbians, gays, transgender people and disabled people in the Union with the goal of full involvement of such people in all levels of the Union;

Fighting racism, homophobia, transphobia and discrimination against people with disabilities;

Improving the situation of people of colour, aboriginal people, lesbians, gays, transgender people and disabled people;

Setting and maintaining a mandate to aid and educate our workplace and communities on Human Rights issues. 

The Human Rights Committee shall do workplace and community actions that recognize and publicize the campaigns and those days designated by the Canadian Union of Postal Workers, such as:

March 21, International Day for the Elimination of Racial Discrimination

June 21, Aboriginal Peoples’ Day

Gay Pride Week

October 17, International Day for the Eradication of Poverty

December 3, International Day of Disabled Persons

December 10, International Day of Human Rights 

The Human Rights Committee shall work with the community organizations that promote and support similar goals. 

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6.08 Legislative Committee

The Legislative Committee shall be open to all interested members in good standing and chaired by the 1st Vice President or their delegate. This committee shall report and make recommendations to the LEC on legislation and pending legislation affecting this Union, the Trade Union Movement and allies. 

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6.09 Pension and Retiree Benefits Committee

The Pension and Retiree Benefits Committee shall consist of both active members and retired members with Retired Member or Lifetime Member status. This committee shall work under the direction of one of the Local Executive Officers as mandated by Article 9.23 of the National Constitution. 

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6.10 Organizing Committee

The Local Organizing Committee shall work under the responsibility of the Local Executive Committee and in collaboration with the Regional Executive Committee and the 1st National Vice President.  Its functions include the recruiting of members and the preparation of the strike structure.  It shall be responsible for any other organization campaign launched by the National Executive Board or the Local membership.

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Article 7 – Shop Stewards 

7.01 The Local Executive Committee and, in particular, the Executive Shop Steward shall have the primary responsibility of recruiting shop stewards. In addition, any interested member in good standing desiring to represent the Local as a shop steward shall submit her/his name to the Local Executive Committee for confirmation of eligibility. They must be willing to acquire sufficient knowledge and understanding of the Union policies and the Collective Agreement to promote and represent the interests of the Union. The Local shall provide training as required. The member shall be authorized to represent this Local as a shop steward after taking the oath of office. 

The duties of the shop steward shall be in accordance with section 9.14 of the National Constitution and shall include these responsibilities:

to ensure a strong Union presence on the workfloor;

to enforce the Collective Agreement

to encourage involvement/participation in Union activities on the workfloor as well as in the community;

to keep the members informed;

to be a link between the Local Executive Committee and the workfloor;

and other related duties as requested by the Local Executive Committee. 

 

In order to retain office, a steward must fulfill at least one of the following requirements:

1. Attend a minimum of fifty percent (50%) of the shop steward meetings the steward is eligible to attend in a 12-month period.

2. Act as a picket captain, be elected to a local committee or attend a CUPW educational within a 12-month period.

3. Receive an exemption upon a recommendation from the Local Executive Committee and a vote of approval from the membership at a general membership meeting.

Stewards/union representatives shall be encouraged to attend general membership meetings, education, etc.  No shop steward/union representative shall participate in any QWL/Focus Group activity, CPC games or other management-sponsored event.  A shop steward/union representative shall not meet alone with a representative of the employer to discuss Union matters.

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Article 8 – Membership Meetings 

8.01 General membership meetings shall be the third (3rd) Saturday of every month (except August) at a time to be determined by the Local Executive Committee. Should the third (3rd) weekend of a month be a long weekend due to a statutory holiday, or scheduling conflicts due to education, conferences and conventions, the Local Executive Committee shall determine an alternate date and time. The next meeting particulars shall be announced, under Executive Recommendations, at the current meeting. The Secretary-Treasurer shall post a notice of the next meeting ten (10) days in advance. 

There will be no General Membership meeting in the month of August.

In the event that a quorum may not be present at a general meeting, the Executive will be empowered to conduct such business on behalf of the Local that it deems necessary. However, any decision of the Executive not approved by the membership may be revised at a special meeting. Such a meeting will be convened upon presentation to the President of a petition containing the signatures of 5% of the members in good standing. The same mechanism may be used to convene a special meeting on any issue. 

In the event that a quorum may not be present at a general membership meeting, attendance shall be counted for the purpose of elections of officers and delegates. 

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8.02 Quorum for General Membership Meeting

Nineteen (19) members, including at least two (3) members of the Local Executive Committee, shall constitute a quorum at any one time. 

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8.03 Time Limit

The regular monthly meeting shall not exceed two (2) hours. However, an extension may be requested by the President or the membership in fifteen (15) minute intervals. 

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8.04 Agenda

The Secretary-Treasurer shall post all available details of the agenda seven (7) calendar days prior to the general meeting. 

The order of business at general meetings shall be:

Reading of minutes of previous meeting;

Reading of the correspondence (to be dealt with as read);

Elections and nominations;

Secretary-Treasurer’s report;

Executive recommendations;

New notices of motion;

Disposing of old notices of motion;

Unfinished business;

New business;

Reports of officer, delegations and committees;

Question period. 

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8.05 Executive Recommendations

The Executive Committee shall present such subjects as it deems necessary to discuss as recommendations from the Executive Committee. 

These recommendations shall be considered as motions automatically seconded and dealt with according to the normal rules of order for motions. An executive recommendation arising out of any item of business is in order at any time. 

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8.06 Rules of Order

Any matter not specifically dealt with in the Local by-laws shall be dealt with in accordance with Bourinot’s Rules of Order.

 

8.07 Decisions of the general membership meeting shall be made by a show of hands vote unless otherwise provided for by the National Constitution or the Local by-laws. 

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8.08 Excusals

a) Any Member of the Local may request an excusal for:

i) a General or Special Membership meeting

ii) a Shop Steward Meeting

b) The Local Executive Committee shall present to the Membership a recommendation for each written request for an excusal in accordance with the provisions of Article 8.05 of the CUPW Local 850 bylaws.  This recommendation shall be presented at the soonest possible General Membership Meeting unless otherwise tabled by a majority vote of the Local Executive Committee.

c) any Member who requests an excusal and is granted said excusal by a majority vote of the Membership at a General Membership Meeting shall be considered to have not been eligible to attend the meeting for which the excusal was requested.

d) Any Member who provides sufficient evidence that they are on maternity leave or parental leave approved by the Corporation and have requested an excusal under 8.08a) shall be considered to have not been eligible to attend meetings during this leave.

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Article 9 – Amendments to By-laws 

9.01 Notice of Motion

A notice of motion to amend the Local by-laws shall be submitted in writing by a member in good standing and read at a general membership meeting of the Local.

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9.02 Proposer

The member who submits the notice of motion outlined in 9.01 shall be the proposer of the motion and shall date and shall date and sign said motion within five (5) calendar days of the meeting in which the motion was read.

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9.03 Posting of Notice

Such notices shall be distributed for posting on the Union bulletin boards within six (6) calendar days of the general membership meeting in which said notice was read and shall not be removed until the motion has been debated and voted on.

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9.04 Debate, Vote, and Constitutionality

Motions for amendments shall be debated and voted upon at the next general membership meeting with a quorum following that at which the notice was read.  If approved by a two-thirds (2/3) majority of the votes cast by members present, it shall become a “proposed bylaw” immediately and shall be sent to the National Executive Board for examination of any conflict with CUPW constitution within six (6) days of the meeting in which it was approved.  On notification to the Local from the National Execuitve Board that the proposed bylaw is constitutionally sound, it may be adopted by the Local.

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9.05 Amendments and Sub-amendments

Any member in good standing present at the general membership meeting in which the motion is being debated and voted on, may:

1. Without notice, move to amend the motion.  Such amendment must only alter the terms of the original motion without changing the intent and must be strictly relevant to the motion being considered.

2. Moved to amend the amendment itself, but such sub-amendment shall only modify the terms of the amendment, not the original motion.

3. Any sub-amendment and/or amendment shall be resolved before a new sub-amendment is proposed.

 

Article 10- Conflict Resolution and Discipline

“Any member who commits one of the offences under 8.02 of the National Constitution will be subject to Article 8 of the Constitution.”

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(Revised March 2025)