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CAAT-A Sector Bylaws

October 28, 2016

1. CAAT(A) Division

The Colleges of Applied Arts and Technology Academic Division (the CAAT(A) Division) consists of academic employees represented by the Ontario Public Service Employees Union (OPSEU) in the system of colleges.

The CAAT(A) Division is a Ministry Division established by Article 21.2 of the OPSEU Constitution. It exercises its mandate within the terms of Article 21.2.3 of the OPSEU Constitution.

Only OPSEU members in good standing may take part in the activities of the Division. The CAAT(A) Division is organized in locals at each college.

  1. Responsibilities of the Division:

    • Promote quality public education

    • Monitoring and enforcing the Collective Agreement

    • Identify and act on issues pertaining to post-secondary education

    • Lobby organizations and governments on issues pertaining to post-

    secondary education

    • Work within the Union to promote the goals of the Division

    • Develop and recommend policy to the OPSEU Executive Board

    • Liaise with student, education and labour organizations

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    The number of Delegates for each local is determined by the OPSEU Convention formula.In addition, OPSEU Executive Board Members from CAAT(A) and the members of the current Divisional Executive (DIVEX) attend as Delegates.

  3. No person who is assigned to or is currently in the application process for a position with a College of Applied Arts and Technology outside of the Academic Bargaining Unit shall be a Delegate or Alternate to any meeting of the CAAT(A) Division.At the beginning of any such meeting the Chair shall ask that any person as defined above shall identify himself or herself.No such person as defined above shall be entitled to attend any meeting of the CAAT(A) Division except with the unanimous approval of the Delegates present. (June 2010 Divisional)

  4. The agenda of the CAAT(A) Divisional Meeting may include:

    • Call to order

    • Statement of Respect

    • Adoption of the Agenda

    • Minutes of the previous meeting

    • Business Arising

    • Report of the Divisional Executive

    • Reports of Standing Committees

    • Reports of Ad Hoc Committees

    • Report of the Bargaining Team

    • Elections

    • Reports of Locals

    • Constitutional Amendments

    • Resolutions

    • Bylaws

    • Educational(s)

    • New Business

    • Adjournment

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    1. The period of service for all elected positions except the DIVEX will be two terms.The term of service for the DIVEX will be one term.A term is defined as the period between one CAAT(A) Divisional Meeting and the next CAAT(A) Divisional Meeting.

    2. Only Delegates and First Alternate Delegates from each local and members of the DIVEX and Standing Committees are eligible for election to the DIVEX and the Standing Committees.

    3. The Chair and Vice-Chair of the DIVEX are elected from the members of the DIVEX by the Delegates to the CAAT(A) Divisional Meeting at which the members of the DIVEX are elected.

    4. Chairs of Standing Committees other than the DIVEX are elected by and from the members of that Standing Committee.

    5. One half of the members of the Standing Committees are elected at every CAAT(A) Divisional Meeting.If there are an odd number of committee members, then elections for the greater number of committee members will be held every second election beginning in 2012.
    6. The DIVEX will have three elected Alternates.Each Committee will have two elected Alternates.An Alternate is to complete the unexpired period of service of the member, if that member is unable to continue in office.

    7. Alternates will be ranked by number of votes received.Alternates are elected at the CAAT(A) Divisional Meeting as necessary to fill vacancies in either committee member or Alternate positions. (June 2010 Divisional)

    8. The Pension Trustees and Sponsor and Alternates will be elected as outlined in Appendix 1.
  1. In the event that a CAAT(A) committee is short of a member and has run out of Alternates before 3 months of the next biennial Divisional Meeting, the Divisional Executive may appoint at least one member to populate the committee. The appointment will only be for the remainder of the term and would end at the next Divisional Meeting. (October 2012 Divisional)

  2. Bylaw Amendments

    CAAT(A) Division Bylaws or amendments can be proposed by locals of the CAAT(A) Division or the DIVEX. Bylaw proposals must be circulated to locals at least two weeks before the meeting at which they are to be considered.

    1. Changes to the Bylaws require a two-thirds majority of Delegates voting at a CAAT(A) Divisional Meeting.

      2. Divisional Executive (DIVEX)

      The committee shall be referred to as the CAAT Academic Divisional Executive (DIVEX).

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    Should the position of Chair become vacant, the Vice-Chair will become the Chair.Should the position of the Vice-Chair become vacant, members of the DIVEX will elect a new Vice-Chair from amongst their members.

    2.3 Responsibilities:

    • Provide support and leadership to locals within the Division

    • Consult with the locals to give and to seek advice and direction

    • Communicate regularly with locals

    • Facilitate communications between locals

    • Organize, in conjunction with Union staff and the immediate past Negotiating

    Committee, the Pre-Bargaining Conference (June 2010 Divisional)

    • Coordinate local demand setting (June 2010 Divisional)

    • Act as the OPSEU representatives to the Employer Employee Relations

    Committee (EERC). The EERC and its duties are defined in the Collective

    Agreement.

    • Implement the decisions of the Division

    • Review draft local agreements and provide a recommendation to the OPSEU

    President in a timely manner

    • Appoint Ad Hoc committees for specific purposes

    • Maintain and distribute the contact lists for Workload Monitoring Group Co-

    Chair and designated Health and Safety Co-Chairs

    • Distribute approved minutes of Meeting from the DIVEX, EERC and Divisional

    Meetings

    • Select the Retiree Representative and Retiree Alternate to the CAAT Pension

    Plan Board of Trustees

  • Support Union members to organize all college faculty (June 2016 Divisional)

    3. Committees

    3.1 Negotiating Committee

    The negotiating team shall be governed by the OPSEU policy on CAAT (Academic) Negotiations Procedures in the OPSEU Policy Manual.

    1. A seven (7) member negotiating team shall be elected at the provincial Pre-Bargaining Conference.Two (2) Alternates shall also be elected. (June 2010 Divisional)

    2. The Chair and Vice-Chair of the team shall be elected by and from the team members.

    3. The bargaining team shall take primary responsibility for arranging and coordinating the provincial demand setting Meeting, with OPSEU staff and the DIVEX. (June 2010 Divisional)

  • Standing Committees

    The following are the Standing Committees:

    Grievance Scheduling Committee (GSC) 3 Members

    Joint Insurance Committee (JIC) 4 Members

    Joint Educational Qualifications Subcommittee (JEQS) 3 Members

    In Service Teacher Training Certificate Program Task Force 4 Members

    College Relations Commission Information Service (CRCIS) 2 Members

    Sick Leave Buyout Task Force 2 Members

Canadian Association of University Teachers (CAUT) 2 Members

Delegates (1 with voice and vote, 1 voice only)

Pension Trustee 2 Members

Pension Sponsor 1 Member

Locals Legal Coordinator Committee 2 members

(1 of whom shall be francophone)

  1. The Grievance Scheduling Committee, the Joint Insurance Committee, the Joint Educational Qualifications Subcommittee, the In Service Teacher Training Certificate Program Task Force, the College Relations Commission Information Service and the Sick Leave Buyout Task Force have their responsibilities outlined in the Collective Agreement and in their agreed upon terms of reference which shall be consistent with the Collective Agreement.

  2. The responsibility of the Canadian Association of University Teachers (CAUT) delegation is to promote the aims of the Division and share information from CAUT with the locals.

  3. The Locals Legal Coordinator (LLC) is an elected committee with at least one francophone member with the mandate to ensure the locals are coordinated in respect of current trends in arbitral awards as well asemerging interpretations of our collective agreement.The LLC members will be in regular contact with the Divisional Executive, chief stewards and the Presidents of the locals and will assist in problem solving and developing consistent approaches to grievances and interpretations of our collective agreement.A key function of the LLC is to keep abreast of new arbitral awards and to regularly update and maintain the annotated collective agreement. (June 2016 Divisional)

  4. Additional Standing Committees can be established only through

    collective bargaining or at a Divisional Meeting. (June 2010 Divisional)

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    Ad Hoc Committees

    The Division of the DIVEX may establish Ad Hoc committees, their terms of reference and duration. Ad Hoc committees established by the DIVEX shall not continue beyond the next Divisional Meeting.

    4. Locals

    At each College of Applied Arts and Technology there is a unit made up of full time and partial load academic employees.

    4.1 Responsibilities:

    • Define the working areas for stewards

    • Provide reports to the Divisional Meetings, as requested by the DIVEX

    • Administer the Collective Agreement locally

    • Participate in demand setting

    • Elect Delegates, Alternate Delegates and Observers

    • Forward contact information for the Union Co-Chair of the Workload

    Monitoring Group (WMG) and a designated Health and Safety Co-Chair

    • Negotiate local agreements

    • Process grievances

    • Exercise control over expenditures of their revenues

    • Join local labour organizations and other organizations as per the Constitution

    • Distribute information as requested by the DIVEX, Negotiating Committee and

    Standing Committees

    • Engage in social and community activities

    • May formulate and adopt local Bylaws consistent with the Constitution as

    approved by the OPSEU President

    • Establish a Local Executive as per the Constitution

    4.2 Local Agreements

    The President of OPSEU must approve any local agreements made in accordance with Articles 7.03, 11.01 M, 11.02 G, and 36.02 prior to a local entering into such an agreement. All such proposed local agreements must be forwarded to the Union through the DIVEX. The DIVEX will review the draft agreement and provide advice and recommendations on the proposed agreement to the President’s office. Proposals for agreements under Articles 11.01 M and/or 11.02 G shall be expedited to the DIVEX and OPSEU, and locals shall submit any Article 11.01 M and/or 11.02 G agreements to the DIVEX not later than two weeks prior to the commencement of the Agreement.[2] (Amendment June 2010 Divisional)

    APPENDIX 1 – Pension Plan Representatives

    The CAAT(A) Division is also responsible for the selection of two persons to be appointed by OPSEU as Representatives to the CAAT Pension Plan Board of Trustees and one person to be appointed by OPSEU as a representative on the CAAT Pension Plan Sponsors’ Committee.

  1. Selection of persons for appointment by OPSEU as a Trustee or Sponsor Representative must be by a vote at a regular CAAT(A) Divisional Meeting of all Delegates and other eligible voters in accordance with CAAT(A) Division Bylaws.
  1. Any Delegate or First Alternate to the CAAT(A) Divisional Meeting or incumbent representative who is a member in good standing of OPSEU and the Bargaining Unit is eligible to run for election at the CAAT(A) Divisional Meeting in accordance with CAAT(A) Division Bylaws and policy. (Amendment June 2010 Divisional)
  1. An incumbent is eligible for re-election and appointment without limitation to the number of terms served.
  1. The effective starting date for an elected, and OPSEU appointed, Trustee or Sponsor will be January 1, following the expiry of an incumbent’s three year term. OPSEU will send appointment letters to the CAAT Pension Plan to confirm the decision of the CAAT(A) Division.
  1. The term for both Trustees and the Sponsors’ Committee Representative will be for three years.
  1. One Alternate Trustee Representative should be elected to replace a Trustee who is unable to complete their term. The term of the Alternate shall be for three years. The Alternate shall receive all materials arising from meeting as permitted by law.
  1. One Alternate Sponsors’ Committee Representative should be elected to replace the elected representative if she/he cannot complete their term. The term of the Alternate shall be for three years. The Alternate shall receive all materials arising from meeting as permitted by law.
  1. Effort will be made to co-ordinate continuity of membership with other OPSEU, Management and College Trustee and Sponsor Representatives to maintain continuity of experienced and knowledgeable representation on these bodies at all times.
  1. A Trustee or Sponsor Representative can be recalled by a resolution of a CAAT(A) Divisional Meeting or the DIVEX when the DIVEX has the approval of 60% of the Local Presidents. The process for the DIVEX will involve them taking a poll of the Local Presidents and reporting to the President of OPSEU for implementation.
  1. The appointment as a Trustee or Sponsor Representative is terminated if the representative ceased to be an active member of OPSEU or the Bargaining Unit. The representative would then be replaced by the Alternate Representative.
  1. The Retiree Representative and the Retiree Alternate to the Pension Plan Board of Trustees from the academic component shall be selected by the Divisional Executive who shall invite applications for the position. The Divisional Executive shall interview candidates who meet the basic requirement of being in the Academic Bargaining Unit at the time of retirement, knowledgeable about pension issues and willing to sign the OPSEU letter of commitment that they will claim expenses only as per the OPSEU policies regarding expense claims.
  1. The Divisional Executive shall be assisted in its interview and selection process by OPSEU Staff the incumbent Academic Trustees and the incumbent Sponsor.
  1. The term for the Retiree Representative will be three years. The Alternate Retiree Trustee will replace a Retiree Trustee who is unable to complete their term and will complete the portion of the Trustee’s 3-year term. The term of the Alternate shall be for three years. The Alternate shall receive all materials arising from meetings as permitted by law.
  1. Union Trustees and Sponsors’ Committee Representatives are to be compensated for expenses, wages, own time, and vacation according to the same OPSEU policies that apply to all other OPSEU members.
  1. No Trustee or Sponsors’ Committee Representative may apply for any position of bid for any contract with the Plan while holding the position of a Trustee or Sponsors’ Committee Representative.
  1. If a Trustee or Sponsors’ Committee Representative elected by the CAAT(A) Division violates paragraph 14 or 15 above then the other Trustees and Sponsors are to do everything in their power to have the offender removed from the position of Trustee or Sponsor and prevent the offender from obtaining future appointments as a Trustee or Sponsor. If a Trustee or Sponsor elected by the CAAT(A) Division violates paragraph 14 or 15 then the DIVEX is to take whatever steps necessary to ensure that OPSEU removes the offender from the position of Trustee or Sponsor and to ensure that the OPSEU not forward the name of the offender for future appointments as Trustee or Sponsor.

[1] OPSEU policy requires that a person will only be declared elected if they receive a majority of the valid ballots cast for that position.

[2] The DIVEX will ensure expeditious turnaround of any proposed local agreements.

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