Douglas College Faculty Association - Constitution and Bylaws

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Table of Contents
Constitution By-Laws
	Article 1 - Membership Article 2 - Responsibilities of Members Article 3 - Meetings Article 4 - Executive Council Article 5 - Officers Article 6 - Duties of the Other Members of the Executive Council Article 7 - Area Steward System Article 8 - Elections Article 9 - Replacement Article 10 - Special Resolutions Article 11 - Financial Operations Article 12 - Committees

Douglas College Faculty Association Constitution April 2004
1.	The name of the Society is "Douglas College Faculty Association," hereinafter referred to as the Association.
2.	The purposes of the Society are as follows:
	(a)	To promote, maintain, and defend independence of thought and teaching; and to promote the welfare and professional interests of its members.
	(b)	To seek certification as a trade union, to hold certification, to regulate relations between employers and employees through collective bargaining, to conclude, revise, and terminate collective agreements and, in particular, but without restricting the generality of the foregoing, to function as a trade union pursuant to the laws of the Province of British Columbia.
	(c)	To advise its members on questions of mutual concern to its members and the administration of the College.
	(d)	To cooperate with other bodies whose interests are similar, in particular with provincial, national and international associations of college and university faculties.
	(e)	To represent the views of its members on committees, boards, and other bodies responsible for decisions affecting education in the community.
	(f)	To deal with other matters considered to be in the interest of the Association or its members.
	(g)	To seek affiliation with local, provincial, national and international labour organizations when deemed appropriate.
3.	The operations of the Association are to be carried on chiefly in the college region of Douglas College in the Province of British Columbia. Where necessary, the Association also operates provincially, nationally and internationally. This provision is alterable.

Douglas College Faculty Association Bylaws (Amended April 19, 2006 AGM)
Article 1 - Membership
1.	Membership shall be in one of three classes: Full Member, Retired Member, or Honorary Life Member.
	1.1	Full membership is open to all regular, temporary and contract faculty of Douglas College as specified in the Certificate issued by the Industrial Relations Council to the Association.
		1.1.1	A full member in good standing shall be a voting member.
		1.1.2	The annual subscription for a Full Member shall be a percentage of that member's gross salary from Douglas College. The amount and method of payment shall be determined by the Membership at a General Meeting.
		1.1.3	A Full Member loses his/her good standing if his/her subscription for the current membership period has not been been made.
		1.1.4	Full membership in the Association shall be automatic for any employee who is eligible under By-Law 1.1 (above) except where the employee advises the President of the Association, in writing, that s/he does not wish to be a member, or where the employee has been expelled under By-Law 10.1 (e).
	1.2	A Full Member's name shall be struck from the Register of Members if s/he ceases to be a faculty member of Douglas College, except as allowed under By-law 1.2.1 and 1.2.2.
		1.2.1	Temporary cessation of employment at Douglas College shall not disqualify any member unless that member continues to be unemployed for longer than one semester consecutively. Laid off faculty with recall rights are eligible to maintain membership for as long as the recall rights persist. Notice of intent to remain a member under this clause must be given in writing to the Secretary-Treasurer. In such a case, membership dues are not required.
		1.2.2	A faculty member who is on full-time leave without pay shall have his/her membership maintained for a period of two years from the commencement of the leave. In such a case, membership dues are not required. Thereafter, dues of $100 per year are required to maintain membership until the leave terminates or the faculty member ceases employment at Douglas College. Notice of intent to remain a member under this clause must be given in writing to the Secretary-Treasurer.
	1.3	Honorary Life Membership may be granted to anyone the Association wishes to honour for outstanding service to the Association.
		1.3.1	An Honorary Life Member shall be entitled to attend any meeting of the Association.
		1.3.2	An Honorary Life Member shall be exempt from all subscriptions.
		1.3.3	An Honorary Life Member shall be a non-voting member and shall not be counted towards quorum.
	1.4	A retiring member shall notify the Association of his/her interest in becoming a Retired Member.
		1.4.1	A Retired Member shall be entitled to attend any meeting of the Association.
		1.4.2	A Retired Member shall be exempt from all subscriptions.
		1.4.3	A Retired Member shall be a non-voting member and shall not be counted towards quorum.

Article 2 - Responsibilities of Members
2.	The responsibilities of a member shall include the following:
	2.1	Adherence to Association Policy that is established by duly passed resolutions of the General Membership.
	2.2	Fulfillment of the faculty member's contractual obligations.
	2.3	Observance of the Constitution and By-Laws of the Association.
	2.4	Maintenance of confidentiality where appropriate to, and in accordance with, specific processes and matters related to the Association's business.
	2.5	In addition, no member shall act as a member of the employer's negotiating committee in negotiations with a certified union or association representing employees of Douglas College.
	2.6	In the case of a DCFA picket line, it is assumed that no faculty member will cross that line. In the event that a faculty member does decide to cross the picket line, the penalty shall be a fine equal to the wages earned by such action. Monies collected by this procedure shall be paid to the DCFA to be forwarded to the DCFA Bursary held by the Douglas College Foundation.
	2.7	A faculty member shall not cross a picket line established to defend union rights or to improve wages and working conditions.

Article 3 - Meetings
	3.1	A meeting shall be deemed to include any off-site locations by way of teleconference or video-conference.
	3.2	The Annual General Meeting shall be held in April or May.
	3.3	In addition to the AGM, at least four General Meetings shall be held per academic year.
	3.4	Other General Meetings of the Association may be called at the discretion of the Executive Council.
	3.5	The Executive Council shall call such a General Meeting upon receipt of a petition to call such a meeting signed by at lest ten percent (10%) of the voting members of the Association.
	3.6	Executive Council shall give members of the Association at least fourteen (14) calendar days' notice of a General Meeting of the Association. Notification shall be deemed to have been given upon receipt of said notice by the Ombudsperson.
	3.7	The notice of meeting must so state if any of the following items are to be acted upon at a General Meeting:
		3.7.1	Any Special Resolution, as per By-Law 10.1. Where alteration or addition to the Constitution and By-Laws is being proposed as per By-Law 10.1 (c), the wording of such proposed changes shall also be given to members at least fourteen (14) calendar days in advance of the meeting.
		3.7.2	Election of Table Officers and or Replacement Officers.
		3.7.3	Changes in assessments under By-Law 10.1 (a).
	3.8	The quorum at a General Meeting shall consist of 10% (ten percent) of Regular and Non-Regular faculty FTE count as of September 30 payroll each year for all Association General Meetings for the following year.
	3.9	Meetings shall be chaired by the President or his/her designate; the Association's Secretary-Treasurer or his/her designate shall record the Minutes.
	3.10	Meetings shall be governed by Robert's Rules of Order, revised.
	3.11	Vote counting shall be governed by Robert's Rules of Order, revised (that is, to pass, a motion must win a simple majority of votes cast, excluding abstentions, blank or spoiled ballots), except in the matter of Special Resolutions (see Article 10).
	3.12	Voting by proxy shall not be allowed at the General Meeting.
	3.13	Absentee voting shall not be allowed at the General Meeting.

Article 4 - Executive Council
4.	The Executive Council of the Association is responsible to the General Meeting for conducting the business of the Association between General Meetings. Further, the Executive Council is responsible for providing overall direction and leadership to the Association; and for ensuring the Table Officers fulfill their mandates and use their time releases effectively; and for ensuring that all DCFA committees and positions are filled by appointment or election, as appropriate.
	4.1	The Executive Council shall meet at least once per month from September to June.
	4.2	Voting members of the the Executive Council shall include the President, the Vice-Presidents, the Secretary-Treasurer, one non-regular faculty member to be elected at large, and one representative from each of the following constituencies: Commerce and Business Administration; Child, Family and Community Studies; Health Sciences; Humanities and Social Sciences; Language, Literature and Performing Arts; Science and Technology; Student Services (ASE, CJP, DVST, EASL, LC); Student and Learning Services (Counsellors, Librarians, CSD, CE, TTG).
	4.3	Constituency members may elect an alternate Executive Council representative; each constituency shall still have only one vote.
	4.4	Non-voting members of the Executive Council shall include the Past-President, for a period of one (1) year after leaving office, and the Ombudsperson.
	4.5	Any changes to the number of constituency representatives and/or the constituency groups represented by each representative shall require a Special Resolution, as per By-Laws 10.1 (c) and (d).
	4.6	Executive Council meetings may be observed by any member in good standing. However, the Executive Council may hold all or part of any meeting in-camera in order to discuss confidential negotiations or personnel matters. The Ombudsperson may observe such in-camera meetings.
	4.7	A quorum of the Executive Council shall be sixty percent (60%) of voting members.
	4.8	In accordance with the Society Act, the Douglas College Faculty Association shall exempt and save harmless each Executive Council Members from a liability action arising from the performance of his/her duties for the Association. The Douglas College Faculty Association shall assume all costs, legal fees and other expenses arising from any such action.

Article 5 - Officers
5.	The Officers of the Association (hereinafter referred to as Table Officers) shall be as follows: (a) President (b) Vice-President/Negotiations (c) Vice-President/Stewardship (d) Secretary-Treasurer (e) Ombudsperson
	5.1	President - The duties of the President shall be as follows:
		5.1.1	To represent the Association as official spokesperson.
		5.1.2	To call and chair General Meetings and to chair Executive Council Meetings of the Association, except that, at the Annual General Meeting, s/he shall vacate the chair in favour of another Table Officer during the debate and voting on his/her re-election.
		5.1.3	To ensure that the Executive Council carries on the business of the Association between meetings and that matters of interest are reported to the members.
		5.1.4	To be an ex-officio member of all Association committees.
		5.1.5	To represent the Association on the Labour-Management Relations Committee of the College.
		5.1.6	To receive, in the name of the Association, all grievances initiated by the College.
		5.1.7	To ensure that there is an annual review of the Constitution and By-Laws of the Association and that any recommendations are placed on the agenda of the Annual General Meeting.
	5.2	Vice-President/Negotiations - The duties of the Vice President/Negotiations shall be as follows:
		5.2.1	To assume the duties of the President during his/her announced absence, mid-term resignation, or incapacitation.
		5.2.2	To be a member of the Contract Committee and to act as the Committee's Co-Chair.
		5.2.3	To be a member of the Bargaining Team during negotiations with the College.
	5.3	Vice-President/Stewardship - The duties of the Vice-President/Stewardship shall be as follows:
		5.3.1	To coordinate the activities of the Area Stewards and report on such activities to the Executive Council.
		5.3.2	To oversee the processing of all grievances against the College.
		5.3.3	To be a member of the Contract Committee and to act as the Committee's Co-Chair.
	5.4	Secretary-Treasurer - The duties of the Secretary-Treasurer shall be as follows::
		5.4.1	To ensure that the membership is advised of meetings in accordance with the By-Laws.
		5.4.2	To take and have custody of the Minutes of proceedings of all General Meetings (except the Annual General Meeting) and of all Executive Council meetings.
		5.4.3	To ensure that Minutes of the Annual General Meeting are recorded.
		5.4.4	To prepare and have the custody of the financial records of the Association.
		5.4.5	To prepare the draft annual budget for presentation to the General Membership at a General Meeting, usually in March.
		5.4.6	To prepare the balance sheet and statement of income and expenditures for the Annual Report and for the Annual General Meeting.
		5.4.7	To prepare the Annual Report for the Registrar of Companies.
		5.4.8	To be a member of the Operations and Finance Committee and to act as the Committee's Chair.
		5.4.9	To constitute a Defence Fund Payments Committee in accordance with Douglas College Faculty Association policy, in the event or likelihood of a strike, lockout or third-party dispute.
	5.5	Ombudsperson - The Ombudsperson is an independent, elected Officer of the Association who receives and investigates complaints about alleged unreasonable action and abuse of office. The duties of the Ombudsperson shall be as follows:
		5.5.1	To investigate complaints concerning the action of any committee of the Association, except the Executive Council, made to him/her by a member of the Association and, where s/he is unable to satisfy the complainant, to report his/her recommendations therein to the Executive Council.
		5.5.2	To investigate complaints concerning the action the Executive Council made to him/her by a member of the Association and, where s/he is unable to satisfy the complainant, to report his/her recommendations therein to a duly called meeting of the Association.
		5.5.3	To investigate non-contractual complaints concerning the action of the College administration made to him/her by a member of the Association, and where s/he is unable to satisfy the complainant, to report his/her recommendations therein to the President of the Association so that formal complaint procedures may then be initiated.
		5.5.4	To ensure the meetings of the Association and of the Executive Council are duly called and constituted.
		5.5.5	To facilitate conflict resolution between members of the Association.
		5.5.6	To assist with Constituency Representative elections, as and when directed by the Executive Council.
		5.5.7	To perform other duties as prescribed elsewhere in the By-Laws.
		5.5.8	The Ombudsperson shall attend Executive Council meetings and all General Meetings of the Association as a Non-Voting member. In the event that the Ombudsperson is unavailable to attend either an Executive Council meeting or a General Meeting of the Association, s/he shall arrange for a former Table Officer to serve at that meeting as a replacement for her/him, and notify the President of The Association of the replacement.
		5.5.9	Reports and recommendations of the Ombudsperson shall be open to the members at the request of, or with the consent of, the complainant.
	5.6	Duty to Report - The Table Officers, along with any other members who, from time to time, receive time release for union activities, shall prepare written reports of their activities for each Executive Council meeting.

Article 6 - Duties of the Other Members of the Executive Council
	6.1	Past-President - The duties of the Past-President shall be as follows:
		6.1.1	To act as an advisor to the President for a period of one (1) year following the election of a new President.
		6.1.2	To serve as a non-voting member of the Executive Council for a period of one (1) year following the election of a new President.
		6.1.3	To perform such duties as may be assigned to him/her by the President or the Executive Council.
	6.2	Constituency Representatives - The duties of Constituency Representatives shall be as follows:
		6.2.1	To serve as members of the Executive Council and to represent their constituencies on the Executive Council.
		6.2.2	To represent the Executive Council to their constituencies and to report to the constituency on the business of the Association and other matters.
		6.2.3	To chair or to serve on committees as required by the President or Executive Council.

Article 7 - Area Steward System
	7.1	The number and composition of Area Steward positions shall accord will constituencies established in By-Law 4.2. The Executive Council may seek additional Area Steward positions, as circumstances require, by recommending adjustments no later than at the first Fall General Meeting. Adjustments are subject to ratification by the General Membership.
	7.2	Representatives shall be elected by their constituencies for a two (2) year period in the Spring, and shall serve on the contract Committee as both Area Stewards and negotiations representatives. Constituency members may elect an alternate Area Steward; each constituency will still have only one vote.
	7.3	The duties of an Area Steward shall be as follows:
		7.3.1	To represent the interests of the area members by processing the informal stages of grievances and by acting as an advocate on behalf of the area members in grievances and complaints.
		7.3.2	To act as an official representative of the Association by performing the duties described in 7.3.1 (above) in his/her area.
		7.3.3	To serve as a member of the Contract Committee.

Article 8 - Elections
	8.1	The terms of the Table Officers and Ombudsperson will be for two (2) years; the Table Officers shall not serve more than two consecutive terms. A term shall be deemed to mean a complete two (2) years: that is, excluding any time served as a Replacement or Interim Officer.
		8.1.1	Elections for President, Vice-President/Stewardship and the Ombudsperson shall be held in alternate years to those for Vice-President/Negotiations and Secretary-Treasurer.
	8.2	The terms of the DCFA Executive Council representatives will be two (2) years; a Constituency Representatives on the Executive Council shall not serve more than two consecutive two-year terms.
	8.3	Only regular faculty members are eligible for nomination as Table Officers of the Association.
	8.4	The Executive Council shall call for nominations at least one (1) month before the election is held.
	8.5	The Ombudsperson shall receive nominations and circulate the list of nominees so received to all voting members at least fourteen (14) days prior to the election.
	8.6	Two or more nominators are required for each nominee.
	8.7	Nominations may be made from the floor.
	8.8	Nominators must secure and produce the consent of the nominee, usually in writing; where nominations are made from the floor, nominee consent may be given verbally to the General Meeting.
	8.9	Elections of Officers shall take place at the Annual General Meeting, except as required under Article 9.
	8.10	Elections shall be by secret ballot. Voting procedure for the election of Table Officers shall be as follows:
		(a)	Scrutineers shall be selected by the chair of the Annual General Meeting, with the approval of the meeting.
		(b)	If, after the first ballot, no nominee for the position has received a majority, the list of nominees shall be reduced to those two nominees receiving the most votes on the first ballot.
	8.11	In the event of a Table Officer being acclaimed to a position, the membership shall be asked to ratify the candidate through a majority vote at the Annual General Meeting.
	8.12	Constituency Representative elections, for Executive Council, Area Steward/Contract Committee, and other committees as may from time to time be established, shall take place at a duly called meeting of the constituents or through a balloting procedure approved by the Executive Council; election shall require a majority of the votes cast.
	8.13	Newly elected Table Officers or other members of the Executive Council shall take office on September 1st.
	8.14	A Constituency Representative may be removed by a general resolution passed at a duly called meeting of that constituency.

Article 9 - Replacement
	9.1	In the event that the President becomes temporarily absent or incapacitated, the Executive Council shall appoint the Vice-President/Negotiations as Interim President; where the vacancy is know to be permanent, a subsequent election for a Replacement President shall be held according to By-Law 9.3.
	9.2	If, at any time, the office of the Secretary/Treasurer, Ombudsperson, or either Vice-President becomes vacant, the Executive Council shall appoint a voting member of the Association to serve as Interim Officer; where the vacancy is known to be permanent, the election of a Replacement Officer shall be held at a General Meeting of the Association, subject tot he restrictions of By-Law 8.3, ad as provided for in By-Law 9.3.
	9.3	An election of a Replacement Officer to fill any Table Officer vacancy shall be held at the first General Meeting to fall after twenty-one (21) calendar days from the date of vacancy.
	9.4	A member appointed as Interim Officer shall be eligible to stand as a candidate in election of a Replacement Officer.
	9.5	Time served by a member as either Replacement Officer or Interim Officer does not prevent that member being eligible to serve two consecutive elected terms to the same Table Officer position.
	9.6	Other vacancies on the Executive Council shall be filled within one (1) month by election from within the appropriate constituency group.
	9.7	If the office of Auditor becomes vacant, a new Auditor shall be elected by the General Membership at the next General Meeting.

Article 10 - Special Resolutions
	10.1	Special resolutions are required in the following cases:
		(a)	Special assessments
		(b)	Authorization to borrow funds
		(c)	Alteration or addition to the Constitution and By-Laws
		(d)	Alteration to the number or distribution of seats on the Executive Council
		(e)	Expulsion of a member
		(f)	Removal of an Officer.
		(g)	Such other matters as the Association may from time to time require.
	10.2	A motion that a matter become a Special Resolution under By-Law 10.1 (g) shall require a two-thirds (2/3^rds or 66%) majority of voting members to pass (that is, to pass, a motion must have two-thirds (2/3^rds or 66%) of the votes case, excluding abstentions, blank or spoiled ballots); this vote shall take place at any General Meeting, providing that notice specifying the intention to establish the motion as a Special Resolution has been duly given, according to By-Law 10.4.
	10.3	Notwithstanding Robert's Rules, Special Resolutions shall require a three-fourths (3/4^ths or 75%) majority of voting members to pass (that is, to pass, a motion must have three-fourths (3/4^ths or 75%) of the votes case, excluding abstentions, blank or spoiled ballots).
	10.4	Each member of the Association shall be given at least fourteen (14) calendar days' notice of the General Meeting and of the Special Resolution.

Article 11 - Financial Operations
	11.1	No Executive Council member shall receive a salary or other remuneration from the Association beyond payment for expenses.
	11.2	The Secretary-Treasurer, together with the President and one other member appointed by the Executive Council, is empowered to operate a bank account and to draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, and other negotiable or transferable instruments. For the purpose of this section, the signatures of any two of the three named above shall be required.
	11.3	The Executive Council may invest funds of the Association in fixed income instruments issued by the Government of Canada, Canadian provinces, or Canadian corporations with a credit rating of Single A or higher as determined by the dominion Bond Rating Services provided that the amount does not exceed coverage offered by the Canadian Investor Protection Fund (CIPF), the Canada Deposit Insurance Corporation (CDIC), or the Credit Union Deport Insurance Corporation of British Columbia (CUDIC).
	11.4	An Auditor shall be appointed by the Association at the Annual General Meeting to examine the books of the Association and the Secretary-Treasurer's Financial Statement. The Secretary-Treasurer at the Annual General Meeting shall present the Secretary-Treasurer's Financial Statement. The Auditor's Report, prepared in accordance with the generally accepted auditing practice, shall be presented to the first Fall General Meeting.
	11.5	If the office of the Auditor becomes vacant, a new Auditor shall be elected by the General Membership, as per By-Law 9.7.
	11.6	The Association may, by resolution, adopt a Common Seal which shall remain in the custody of the Secretary-Treasurer and shall be used solely in documents concerned with agreements approved under By-Law 10.1 (a) and (b).

Article 12 - Committees
	12.1	The Standing Committees of the Association shall be the following:
		(a)	Executive Council
		(b)	Table Officers Committee
		(c)	Contract Committee
		(d)	Operations and Finance Committee
	12.2	Ad Hoc Committees may be established by the Executive Council to investigate topics of interest.
	12.3	The Committees in 12.1 and 12.2 (above) shall be established from the voting members, and include at least one (1) member from the Executive Council.
	12.4	The Executive Council constituency representatives and the Contract Committee representatives (Area Stewards) shall be elected by members of their respective constituencies.
	12.5	The Executive Council shall fill all other committees, first, through a process of a call for volunteers, and second, where vacancies remain, by appointments.
	12.6	The Contract Committee shall comprise the Vice-Presidents of Negotiations and Stewardship as co-Chairs, and all Area Stewards, in accordance with By-Laws 7.1 and 7.3.2.
	12.7	The Bargaining Team shall be a sub-committee of the Contract Committee, subject to By-Law 5.2.3.
	12.8	The Executive Council of the Association may suspend a Contract Committee by a two-thirds (2/3^rds or 66%) vote of its full voting membership at a duly called meeting. A vote by Executive Council to suspend a Contract Committee must be followed within twenty-one (21) calendar days by a General Meeting, at which time the General Membership shall direct Executive council either to order the election of a new Contract Committee or to reinstate the original Committee.

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