UWFA Constitution
The Constitution outlines the general organizational structure of UWFA.
Full Constitution and Bylaws - Last Amended April 20, 2011
Article 1 – Organization
1.1 The name of the organization shall be the University of Winnipeg Faculty Association, referred to herein as the “Association”.
Article 2 – Definitions
2.1 “Act” shall refer to the Manitoba Labour Relations Act C.C.S.M. c. L10.
2.2 “Collegiate Unit” shall refer to those Members of the Association covered by Manitoba Labour Board Certificate MLB – 3634.
2.3 “Contract Faculty Unit” shall refer to those Members of the Association covered by Manitoba Labour Board Certificate MLB – 6361.
2.4 “Regular Academic Staff Unit” shall refer to those Members of the Association covered by Manitoba Labour Board Certificate MLB - 6362.
2.5 “Member” shall refer to an individual who is a Member of the Association pursuant to Article 4.1.
2.6 “University” shall refer to the University of Winnipeg.
2.7 “Term Appointment” shall refer to a Member who is appointed without a continuing, probationary, or tenured appointment.
Article 3 - Objectives
3.1 The primary purpose of the Association shall be to promote the welfare and the interests of its Members.
3.2 As per the Act, the Association shall be the sole bargaining agent for all of its Members and shall represent all of its Members in employer-employee relations with regards to the terms and conditions of employment.
Article 4 - Membership
4.1 Association Members include all University of Winnipeg employees whose positions are included in the bargaining units as described by Manitoba Labour Board Certificates MLB - 3634, MLB - 6362 and MLB – 6361 as well as those whose positions may be added to any of the current bargaining units or any newly created bargaining unit within the Association.
4.2 Contract Academic Staff Unit Members, as outlined in Certificate MLB - 6361, will retain membership in the Association for a period of six (6) months following the completion of their employment contract.
4.3 Membership dues shall be as prescribed from time to time by general meetings of the Members and shall be automatically deducted monthly from the Members’ salaries in accordance with the Act.
4.3.1 Dues will be levied only if a Member is currently employed by the University and is not on unpaid leave.
4.4 To be eligible to stand for election pursuant to Bylaw 1 and vote at general meetings pursuant to Article 7, a Member must be currently paying dues to the Association.
Article 5 – Affiliations and Memberships
5.1 The Association shall be affiliated with the Canadian Association of University Teachers (CAUT) and a member of the CAUT Defence Fund.
5.2 The Association shall be affiliated with the Manitoba Organization of Faculty Associations (MOFA), the National Union of the Canadian Association of University Teachers (NUCAUT), the Canadian Labour Congress (CLC), the Winnipeg Labour Council (WLC) and the Manitoba Federation of Labour (MFL).
Article 6 – Governing Bodies
6.1 The highest authority for deciding policies and managing affairs of the Association shall be the Members of the Association duly assembled in a General Meeting or otherwise acting in a corporate capacity in accordance with Articles 7 and 8 of this Constitution.
6.2 The Council shall be the management committee of the Association and may exercise the powers of the General Meeting when the latter is neither in session nor otherwise acting in a corporate capacity. Such action shall be subject to review, alteration or over-ruling by a General Meeting.
6.3 The Officers of the Association shall be the President, the Vice President, the Communications Officer and the Treasurer and they shall constitute the membership of the Executive Committee.
6.4 Council Responsibilities
The Council shall be responsible for
(a) carrying into effect all resolutions and generally managing the affairs of the Association;
(b) interpreting of the Constitution and Bylaws;
(c) receiving reports of officers and committees;
(d) approving the annual budget for presentation to and approval at the Annual General Meeting;
(e) approving any such revisions to the annual budget as may become necessary during the fiscal year;
(f) giving direction to the Officers and Committees of the Association;
(g) giving direction to the Negotiating Teams;
(h) recommending bargaining mandates to the Members;
(i) making recommendations with respect to the ratification of a table agreement. Recommendations may include recommendation on ratification or non-ratification;
(j) initiating job action, if required, subsequent to a strike vote by the Members.
6.5 Authority to ratify minor modification(s) of the Collective Agreements, excluding salary modifications, shall be delegated to the Council and such modification(s) shall be communicated to the Members.
6.6 Subject to Article 11.2, the Council shall have the authority to approve policies governing the administration of the Association. These policies may include, but are not limited to, policies on financial administration, travel on Association business and employee relations.
6.6.1 Policies approved by the Council are subject the Constitution and Bylaws of the Association. Approval is subject to Article 11.2 of this Constitution.
6.7 The authority of the Council shall be delegated to the Executive Committee from the adjournment of its final meeting in June to August 31 of each year. Meetings of the Executive Committee that deal with issues normally under the purview of the Council shall be open to all members of Council.
6.8 Council Membership
The Council shall consist of
(a) the President;
(b) the Vice President;
(c) the Communications Officer;
(d) the Treasurer;
(e) the Past President, who shall be non-voting;
(f) one (1) representative from each of the following five (5) constituencies: Contract Academic Staff, Instructors*, Collegiate Instructors, Librarians, and Term Appointments;
(g) six (6) Members-at-Large; and,
(h) the Grievance Officer.
*For the purposes of this position, including elections, Instructors shall include those Members holding the rank of Instructor in the Regular Academic Staff Unit, Counsellors, coaches, athletic therapists, coordinator of recreation and athletic studies, assistant director (academic) computer services, supervisor of student teaching and any other comparable positions.
6.9 Association staff shall be non-voting, ex-officio members of the Council. While a Collective Agreement is being negotiated, the Chief Negotiator for that Agreement shall also be a non-voting, ex-officio member of the Council.
6.10 The Association staff, the Past President, and the Chief Negotiators shall not count towards the quorum of the Council.
6.11 The Council shall normally be chaired by the President. The chair shall vote only in the case of a tie.
6.12 The Council shall have the authority to fill any vacancies that may arise during terms of office in accordance with the Bylaws.
6.13 The Council shall have the authority to assign additional duties and titles to Council members, but shall not have the authority to create new positions.
6.14 Except in the case of recall in accordance with Bylaw 1.15 or appointment by the Council in accordance with Bylaws 1.13 and 1.14, the term of office of members of the Council, with the exception of the Contract Academic Staff Representative, shall be two (2) years. Terms shall commence May 1st of the relevant year.
6.13.1 The term of office for the Contract Academic Staff Representative shall be one (1) year.
6.15 Elections shall be held in accordance with the By-Laws and shall occur prior to May 1st of each year.
6.16 The duties of the Officers shall be in accordance with the By-Laws.
Article 7 - Meetings
7.1 The Council shall meet at least once per month from September to June inclusive, on dates established in September of each academic year. Meetings shall normally be called by the President but can also be called at the request of three (3) Council members.
7.2 Annual General Meeting
There shall be an Annual General Meeting in the spring that shall, among any other business to be discussed, initiate the election of Council members, approve the annual budget, appoint the Association’s auditor, and receive any reports of committees and officers that the Council deems appropriate.
7.3 General Meetings
General Meetings of the Association may be called at any time at the discretion of the Council, or upon petition of ten percent (10%) of the Members.
7.3.1 There shall be a General Meeting in the late fall that shall, among any other business to be discussed, receive the audited financial statements of the Association and receive any reports of committees and officers that the Council deems appropriate.
7.4 All General Meetings shall be preceded by a written notice sent to the Members at least seven (7) calendar days prior to the meeting, except for those called in connection with collective bargaining, which may be called on shorter notice in accordance with Article 7.5.
7.5 In exceptional circumstances, General Meetings to deal with collective bargaining matters may be called on forty-eight (48) hours’ notice.
7.6 For collective bargaining purposes, separate General Meetings shall be called for those Members for whom the Collective Agreement is negotiated.
Article 8 – Quorum
8.1 Twenty-five (25) Members shall constitute a quorum for a General Meeting.
8.2 Twenty-five (25) Regular Academic Staff Unit Members shall constitute a quorum of a meeting of the Regular Academic Staff Unit. At meetings of the Contract Academic Staff Unit or Collegiate Unit, five (5) Members of the relevant Unit shall constitute a quorum.
8.3 Five (5) members of the Council shall constitute a quorum for an Council Meeting.
8.4 If a duly called General or Council Meeting lacks a quorum, the minutes shall note the lack of a quorum and the meeting may proceed to conduct business. Its decisions will not be recognized as binding until its minutes are approved at its next meeting which possess a quorum. The decisions may be reopened and reconsidered at such a meeting.
Article 9 – Properties, Funds and Endowments
9.1 The Association may acquire tangible and intangible properties to pursue its objectives.
Article 10 – Contracts and Engagements
10.1 Contracts and Engagements (excluding the Collective Agreements negotiated on behalf of the Members and employment contracts of Association staff) on behalf of the Association shall be signed by the President or Vice-President and one other signing authority. Any such agreements shall first be ratified by a simple majority of the members of the Council.
10.1.1 Employment contracts shall be ratified by a simple majority of members of the Council and signed by the President and the Treasurer.
Article 11 - Amendments
11.1 The process for amendment of the Constitution or Bylaws shall be as follows:
(a) Amendments shall be initiated by the Constitution, Bylaws and Policies Committee, the Council or by the Members at a General Meeting.
(b) The Constitution, Bylaws and Policies Committee shall review the proposed amendments and make a recommendation to the Council.
(c) The Council will determine whether or not the proposed amendments will be presented to the Members at a General Meeting. If so, the proposed language, together with rationale for the proposed changes, shall be circulated to the Members at least ten (10) working days prior to the General Meeting at which they are to be discussed.
(i) The proposed amendments shall be discussed at the General Meeting but shall not be subject to further amendment.
(d) Within ten (10) working days, the proposed amendments shall be put to a vote of the Members by means of a secret ballot. Approval of amendments to the Constitution shall require a two-thirds affirmative vote. Approval of amendments to the Bylaws shall require a simple majority affirmative vote.
11.2 The Policies of the Association, as outlined in Article 6.6, shall be approved or amended by a two-thirds majority vote of Council members present at a regular Council meeting on motion by the Constitution, Bylaws and Policies Committee.