Constitution

[Adopted by the General Meeting of 7 April 1981. Amended from time to time, including at AGM of 2 May 2007, at special general meeting of 6 Sept 2007 and at the AGMs of 25 April 2008, 29 April 2009, 28 April 2010 and 24 April 2012.]

ARTICLE I – Interpretation

In this Constitution or any by-law hereunder:

  • (a) “ASSOCIATION” means the Association of University of New Brunswick Teachers.
  • (b) “EMPLOYEE” means
    • (i) Group 1:All full-time librarians, instructors, lecturers, professors and all other persons employed by the employer who are within the bargaining unit as defined by decisions or certification orders of the New Brunswick Industrial Relations Board or by mutual agreement of the Association and the employer, other than persons excluded from the bargaining unit by decisions or certification orders of the New Brunswick Industrial Relations Board or otherwise excluded there from by law.
    • (ii) Group 2: All part-time librarians, instructors, lecturers, and professors employed by the Employer in New Brunswick.
  • Except where the contrary intention appears, the term “Employee” means those described in both Group 1 and Group 2.
  • (c) “EMPLOYER” means the corporation of the University of New Brunswick.
  • (d) “EXECUTIVE-COMMITTEE” means the Executive-Committee established under and in accordance with the provisions of Article 8 hereof.
  • (e) “HONORARY MEMBER” means an Honorary Member in good standing pursuant to Article 3(d).
  • (f) “MEMBER” means a member in good standing pursuant to the provisions of Article 3(b).
  • (g) “UNIVERSITY” means the academic community of the University of New Brunswick.
  • (h) A word importing a masculine gender includes the feminine gender, and a word importing a feminine gender includes the masculine gender.

ARTICLE 1A – Transitional

[Repealed 25 April 2008]

ARTICLE 2 – The Association

There is hereby constituted an Association to be known as the Association of University of New Brunswick Teachers which shall consist of those persons who shall be members or honorary members thereof from time to time.

ARTICLE 3 – Membership

  • (a) Membership in the Association as a member shall be open to any employee and to any former Contract Academic Employee until either one calendar year after expiration of the latest employment contract or the expiration of any right of first refusal, whichever is later.
  • (b) To be and remain a member in good standing of the Association, a person must satisfy the following requirements:
  • (i) must have indicated in writing a desire to become a member of the Association;
  • (ii) must meet the requirements of Article 3(a); and
  • (iii) must have or agreed to comply with the provisions of any by-laws adopted hereunder from time to time respecting the amount and payment of dues by members.
  • (b.1) Notwithstanding Article 3, paragraphs (a) and (b), members in Group 2 who cease to be Employees shall, for purposes of Association activities and governance other than calculation of a quorum, be deemed to continue to be Employees for one calendar year from the terminal date of their latest employment contract with the Employer or the expiration of any accrued seniority rights, whichever occurs later. Unless continued, this provision expires one year after ratification of the first collective agreement for Group 2.
  • (c) Membership in the Association as an honorary member shall be open to any person who was at one time both an employee and a member but who has since retired from employment with the employer.
  • (d) To be and remain an honorary member in good standing of the Association, a person must satisfy the following requirements:
    • (i) must have indicated in writing a desire to become an honorary member of the Association;
    • (ii) must meet the requirements of Article 3(c); and
    • (iii) must pay annual dues of $1.00 in the manner provided by by-laws adopted from time to time.

ARTICLE 4 – Rights of Members and Honorary Members

  • (a) Members shall have full rights and privileges as members with a right to one vote.
  • (b) Honorary members’ rights are limited to the same rights with respect to meetings of the Association as members have but shall not have any right to vote.

ARTICLE 5 – Affiliate Membership

  • (a) The Association shall be a member of the Canadian Association of University Teachers and the Association shall pay the dues as set by that Association.
  • (b) The Association shall be a member of the Federation of New Brunswick Faculty Associations and the Association shall pay the dues as set by that Federation.
  • (c) The Association shall be a member of the CAUT Defense Fund and the Association shall pay dues and other consideration as required by that Fund.

ARTICLE 6 – Objects

The objects of the Association shall be:

  • (a) To stimulate and improve research, instruction and discussion and to encourage co-operative relations among members of the University.
  • (b) To promote the professional interests and welfare of the University and its Employees.
  • (c) To protect freedom of expression, thought, teaching and research within the University.
  • (d) To co-operate with other associations with similar interests, in particular with provincial, regional, national and international associations of university instructors, lecturers, librarians, professors and research workers.
  • (e) To act as a bargaining agent within the meaning of the Industrial Relations Act and in that connection to regulate employment relations through collective bargaining between the employer and all employees.
  • (f) To seek the fullest representation of all employees in the academic operation of the University.
  • (g) To deal with other matters considered to be congruent with the interest of the Association or its members.

ARTICLE 7 – Officers

  • (a) There shall be six officers of the Association consisting of a President, Vice President, Vice President (Saint John), Vice President (Part-Time Employees), Secretary and Treasurer who must be members and who shall be elected and hold office in accordance with the provisions of the by-laws adopted hereunder.
  • (b) The President shall:
    • (i) Act as Chair at all meetings of the Association and Executive Committee.
    • (ii) Be a signing officer for cheques and other such documents as may be required from time to time with regard to the finances of the Association.
    • (iii) Be a signing officer for applications, agreements and other documents as may be required from time to time in furtherance of the objects of the Association.
    • (iv) Be an additional member of all Association committees, including the Collective Bargaining Council.
    • (v) Exercise such other powers and perform such other duties as may be conferred upon or assigned to him/her from time to time by the Executive Committee, the Association or pursuant to this Constitution or By-laws hereunder.
  • (c) In the absence or inability to act of the President or if the office of the President is vacant, the Vice-President shall exercise the powers and perform the duties of the President.
  • (c.1) The Vice President (Saint John) shall have special responsibility to promote the interests of Employees working out of the Saint John campus.
  • (c.2) The Vice President (Part-Time Employees) shall have special responsibility to promote the interests of Employees in Group 2.
  • (d) The Secretary shall:
    • (i) Have custody of all books and records of the Association other than those financial in nature.
    • (ii) Keep Minutes of proceedings of all meetings of the Association and Executive Committee.
    • (iii) Keep and maintain all provisions of the Constitution and the By-laws thereunder.
    • (iv) Be responsible for notices of meetings of the Association as required by this Constitution or By-laws adopted hereunder.
    • (v) Be a signing officer for applications, agreements and other documents as may be required from time to time in furtherance of the objects of the Association.
    • (vi) Exercise such other powers and perform such other duties as may be conferred upon or assigned to him/her from time to time by the Executive Committee, the Association or pursuant to this Constitution or By-laws hereunder.
  • (e) The Treasurer shall:
    • (i) Receive and account for all monies paid to the Association and issue receipts therefore where appropriate.
    • (ii) Keep accurate records of all monies received and disbursed by the Association.
    • (iii) Be a signing officer for cheques and other financial documents as may be required from time to time in furtherance of the objects of the Association.
    • (iv) Exercise such other powers and perform such other duties as may be conferred upon or assigned to him/her from time to time by the Executive Committee, the Association or pursuant to this Constitution or By-laws hereunder.

ARTICLE 8 – Executive-Committee

  • (a) There shall be an Executive-Committee of the Association consisting of the President, Vice-President, Vice-President (Saint John), Vice-President (Part-Time Employees), Secretary, Treasurer, the immediate Past President, twelve members at large who must be members and who shall be elected and hold office in accordance with the provisions of the by-laws adopted hereunder.
  • (a.1) [Repealed 25 April 2008]
  • (b) The Executive Committee shall have the power and responsibility to oversee and manage the activities of the Association and to develop and implement policies in furtherance of the objects of the Association.
  • (c) The Executive-Committee may establish such committees as it shall deem appropriate to assist it in carrying out its responsibilities and may delegate to Committee such powers as it shall deem necessary for the implementation of its policies and may appoint to such committees any person who shall be a member or honorary member of the Association.
  • (d) Notwithstanding Article 8(c), all committees dealing with collective bargaining and with the administration of a Collective Agreement, including grievance handling, must be created by by-law which by-law shall be approved by the Association.
  • (e) The President shall become a Past President following his/her last term of office as President; if still a member, the immediate Past President shall be a member of the Executive Committee pursuant to Article 8(a); in the event that the immediate Past President is not qualified or unwilling to be a member of the Executive Committee, the Executive Committee shall fill the vacancy.
  • (f) The Executive Committee shall have the power to fill any office or other position on the Executive Committee when it becomes vacant; such appointees shall hold office until duly replaced.
  • (g) If the Executive Committee is unable to act because there are not enough members to constitute a quorum, a remaining member of the Executive Committee shall call a meeting of the Association to elect a new Executive Committee in accordance with the by-laws; the term of office of the new Executive Committee shall be the remaining term of the old Executive Committee and the next full term.
  • (h) The Executive Committee shall have the power to appoint up to two extra members or honorary members as members at large to the Executive committee.

ARTICLE 9 – Votes Under Industrial Relations Act

  • (a) No Collective Agreement shall be executed on behalf of the Association unless the terms thereof have been ratified by the members of the relevant Group in the manner hereinafter provided.
  • (a.1) All votes required under the Industrial Relations Act will be conducted by members of the relevant Group in the manner provided hereinafter.
  • (b) On a working day not more than five (5) working days before a ratification or strike vote or such other vote as may be required under the Act, there shall be a special meeting of employees in the relevant Group with a minimum of two (2) working days’ notice, at which the terms of the Collective Agreement shall be explained and discussed, but not amended or referred.
  • (c) All ratification votes, all votes on binding conciliation or interest arbitration and all votes required by the Industrial Relations Act of New Brunswick shall be conducted on two consecutive working days during business hours at one location on or near each campus unless otherwise required by the said Act.
  • (d) All ratification votes, all votes on binding conciliation or interest arbitration and all votes required by the Industrial Relations Act shall be effected by means of a secret ballot vote by members at that time, with no mail in ballot permitted unless otherwise required by the said Act.
  • (e) All ratification votes, all votes on binding conciliation or interest arbitration and all votes required by the Industrial Relations Act shall be determined by the majority of valid votes case unless otherwise required by the said Act.

ARTICLE 10 – Changes in By-Laws

  • (a) The Association may from time to time adopt, amend or repeal such by-laws it deems necessary or conducive to the attainment of its objects as hereinafter provided.
  • (b) Without limiting the generality of the foregoing paragraph, such by-laws may include those respecting:
    • (i) the calling and conduct of meetings of the Association and the Executive Committee;
    • (ii) the procedure for election of officers and members of the Executive Committee;
    • (iii) the terms of officers and members of the Executive Committee;
    • (iv) procedures to be followed in relation to the adoption and amending of by-laws not provided for in this Constitution;
    • (v) the prescribing of dues payable by members and honorary members;
    • (vi) the auditing of the Association’s financial records, and
    • (vii) any other matter to be dealt with by by-laws pursuant to this constitution.
  • (c) Proposed by-laws shall be approved by a majority at a duly constituted meeting of the Association and may only be acted upon after such approval.
  • (d) Only by-laws proposed by the Executive Committee or in a request by twenty members in writing sent to the Executive Committee shall be placed before a meeting of the Association for adoption pursuant to Notice of Motion.
  • (e) Upon receipt of a request with a proposed by-law, the Executive Committee shall ensure that such proposed by-law be placed before the next meeting of the association for which proper notice can reasonably be given.

ARTICLE 11 – Amendment to Constitution

  • (a) Amendments to this Constitution may only be made at a duly constituted meeting of the Association by a two-thirds majority vote by the members present at that meeting in the manner hereinafter provided.
  • (b) Notice of Motion to amend this Constitution shall be mailed to each member by the Secretary at least seven (7) days prior to the date of the meeting at which such motion is to be made.
  • (c) Unless otherwise provided, an amendment to this Constitution shall take effect immediately upon its adoption.
  • (d) Amendments to the Constitution may be initiated by the Executive Committee or by 5% of the members of the Association sending their proposed amendment in writing to the Executive Committee.
  • (e) Upon receipt of such a proposed amendment, the Executive Committee shall ensure that such proposed amendment be placed before the next meeting of the Association for which proper notice can reasonably be given.

GENERAL BY-LAWS

A. ASSOCIATION MEETINGS

  • 1. At least one meeting of the Association shall be held during the Fall term and one during the Winter or Intersession/Spring terms of the University academic year.
  • 2. One meeting during the Winter or Intersession/Spring term shall be designated the Annual Meeting and shall be held on a date between April 1 and May 15 in each year.
  • 3. Meetings of the Association may be called by the Executive Committee or as a result of a request in writing by 10% of the members given to the Executive Committee in which case a meeting of the Association shall be called within fourteen (14) days.
  • 4. All members, honorary members and observers with permission of the Chair of the meeting, may attend meetings of the Association; the Chair may ask the advice of members as to the attendance and participation in a meeting of any observers.
  • 5. Except in extraordinary circumstances, all business meetings of the Association shall be held by video-conference so as to be accessible to members at the Fredericton and Saint John campuses.
  • 6. At least seven (7) days written notice of all meetings of the Association shall be given unless otherwise expressly provided in the Constitution or By-laws unless Executive Committee deems a shorter period necessary in cases of Collective Bargaining.
  • 7. Notice of all meetings of the Association shall be in writing and mailed two (2) days prior to the period for notice as required under the provisions of the Constitution or under any By-law; such notice shall be deemed sufficient upon satisfactory proof of mailing according to the member’s register as it appeared at the time notice was given.
  • 8. In the absence of the President or Vice-President, the members presented at a duly constituted meeting of the Association may elect one of their members to Chair the meeting.
  • 9. The quorum at meetings of the Association shall be 50 currently employed members and is to be determined at the beginning of the meeting.
  • 10. If, at the time stipulated for the commencement of a meeting of the Association, a quorum shall not be present, the Chair may delay the commencement of the meeting for no longer than one (1) hour for the purpose of acquiring a quorum.
  • 11. Voting at meetings of Association shall be orally or by show or hands, and a secret ballot shall only be held at the request of a member or when required by the Constitution or By-laws.
  • 12. The Chair of the meeting shall only vote in case of a tie vote.
  • 13. All questions put before the meetings for a vote shall be carried by a majority vote of members present, except as otherwise provided in the Constitution.

B. MEETINGS OF EXECUTIVE COMMITTEE

  • 1. Meetings of the Executive Committee may be called by the President or at the request of two (2) members of the Executive Committee served on the President who shall then convene a meeting of the Executive Committee within five (5) days of receipt thereof.
  • 2. Meetings of the Executive Committee shall be held in Fredericton and such other locations within New Brunswick as the Executive Committee determines.
  • 3. Notice of Executive Committee meetings shall be given in writing or by confirmed telephone call at least forty-eight (48) hours before the time for such meetings, except in cases where it is necessary due to Collective Bargaining.
  • 4. A quorum for an Executive Committee meeting shall be fifty (50) percent of the members of the Executive Committee at that time to be determined at the commencement of the meeting.
  • 5. If at the time stipulated for the commencement of the Executive Committee a quorum is not present, the Chair may delay the commencement of the meeting for no longer than one-half hour for the purpose of acquiring a quorum.
  • 6. In the absence of the President and Vice-President, the members of the Executive Committee present at a duly constituted meeting thereof may elect a Chair of the meeting.
  • 7. The Chair of the meeting shall only vote in the case of a tie.
  • 8. Unless the members of the Executive Committee request the holding of a secret ballot, voting shall be done orally or by show of hands.
  • 9. All votes shall be carried by a majority vote of the members of the Executive Committee present.
  • 10. Notwithstanding any other provision in this by-law, the President my permit business before the Executive Committee to be moved, discussed and voted on by e-mail.

C. ELECTION OF EXECUTIVE COMMITTEE

  • 1. The officers and members of the Executive Committee other than the Past-President shall be elected at the Annual Meeting of this Association according to the following rules:
    • (a) Only members of the Association are eligible for election to the Executive Committee or to an Officer of the Association.
    • (b) A Nominating Committee of three (3) members shall be appointed by the out-going Executive Committee on or before March 15 each year with the power to select at least one willing candidate for the office of President and at least seventeen willing candidates for the remaining positions.
    • (c) The Nominating Committee shall place on the official slate of candidates the names of any member who is nominated in writing by five (5) other members more than ten (10) days in advance of the Annual Meeting provided the nominee gives his/her written consent to be a candidate.
    • (d) Seven (7) days prior to the Annual Meeting, the names of all nominees as of ten (10) days prior to that date shall be sent to all members.
    • (e) Upon the presentation by the Nominating Committee of the Presidential slate, an election for the office of President will be held by secret ballot; to be elected, a candidate must obtain a majority of the votes cast, if no candidate obtains an absolute majority on a vote, the candidate with the least number of votes shall be dropped from the ballot and voting continued until a candidate receives an absolute majority of the votes cast.
    • (f) The names of any unsuccessful candidates for the office of President shall be added to the slate of candidates for the remaining positions.
    • (g) Upon the presentation by the Nominating Committee of its slate for the remaining executive offices, an election for the remaining offices will be held by secret ballot and the seventeen candidates receiving the largest number of votes shall be declared elected, provided that voting is arranged and conducted in such a way that four positions are elected solely on the vote of members of Group 1 from the Saint John campus, one position elected solely by members of Group 2 from the Saint John campus, ten positions solely by members of Group 1 from the Fredericton campus and two positions solely by members of Group 2 from the Fredericton campus.
    • (h) [repealed 6 Sept 2007]
    • (i) On or before June 1st, the Executive Committee shall meet at the request of the President and choose from its membership the remaining officers of the Association and Chairs of Standing Committees.
  • 2. Notice of such choice of Officers and Chairs of Standing Committees shall be sent at once to all members of the Association.
  • 3. The Executive Committee shall hold office for one (1) year beginning May 15th.
  • 4. Members of the Executive Committee shall be eligible for re-election in future years.
  • 5. Notwithstanding paragraph 4, a member of the Executive Committee or an Officer shall continue to hold his position until duly replaced.
  • 6. A member of the Executive Committee or an Officer may resign his/her position at any time by giving written notice thereof to the Secretary.
  • 7. A member of the Executive Committee or an Officer shall be deemed to have resigned upon ceasing to meet the eligibility requirements for membership in the Association.
  • 8. A member of the Executive Committee or an Officer may be removed from office for such cause, if any, as shall be determined by a majority of the members at a duly constituted meeting for which Notice of Meeting has been given.

D. FISCAL YEAR AND FINANCES

  • 1. The Fiscal year of the Association shall end on December 31st of each year.
  • 2. An independent qualified auditor shall be appointed by the Executive Committee on or before March 1.
  • 3. The Treasurer shall place before the annual meeting audited financial statements for the fiscal year ending on December 31st, which financial statements shall fairly reflect the financial position of the Association.

E. DUES

  • 1. Each member drawing a salary or stipend, including members on paid leave, shall pay dues in the amount of 1.0 percent of such salary and stipends.
  • 1.1 [Repealed 28 April 2010]
  • 2. Dues shall be collected in such manner as may be determined from time to time by the Executive Committee or as may be provided in terms of the Collective Agreement then in effect.
  • 3. Such by-laws or alterations thereto shall come into effect immediately upon approval unless otherwise provided in the alteration.

F. INVESTMENT COMMITTEE

  • 1. The Executive shall appoint annually a committee consisting of the Treasurer and at least two other members to advise on matters connected with the Association’s investments.
  • 2. The Investment Committee shall
    • Oversee the investment of Association funds, in accordance with its investment policy;
    • Make recommendations to the Executive Committee as to the appropriate size of the Association’s financial reserves and the financial institutions with which it should deal; and,
    • Report regularly to the membership on its activities.

BY-LAW – AUNBT GRIEVANCE COMMITTEE

  • 1. There shall be a committee of the Executive Committee known as the AUNBT Grievance Committee (hereinafter referred to as the Committee) which shall perform the functions and have the powers hereinafter provided.
  • 2. The Committee shall consist of twelve persons, at least two of whom shall be from the Saint John campus and at least two of whom shall be members of Group 2, appointed by the Executive Committee from either members of the Executive Committee or members of the Association. The Executive may designate one person as the Grievance Officer for Group 2.
  • 3. One member of the Committee shall be appointed Chair by the Executive Committee who shall have full right to vote at all meetings. The Executive Committee shall appoint another member of the Committee as Vice-Chair who shall act as Chair in the absence or inability of the Chair or if the office of the Chair is vacant.
  • 4. The quorum for all meetings of the Committee shall be four (4) members.
  • 5. All questions will be decided by a majority of votes cast at a meeting of the Committee, with any question failing in the case of a tie vote.
  • 6. All other matters of procedure of the committee shall be determined by the Committee.
  • 7. The Committee may sub-delegate its functions and powers to a member of the Association in cases where it deems necessary with the approval of the Executive Committee, in particular its functions and powers pursuant to s. 9(c) and s. 9(d).
  • 8. Any vacancies which occur on the Committee shall be filled by the Executive Committee within a reasonable time.
  • 9. The Committee shall have the following powers and functions:
    • (a) To prepare and distribute and maintain a manual of dates and procedures for the purpose of facilitating and avoiding grievances or arbitrations pursuant to any Collective Agreement then in force;
    • (b) To determine procedures which shall be necessary for employees to follow if they wish the assistance of the Association with regard to grievances or arbitrations;
    • (c) To appoint a member of the Committee to represent, when required, the Association at any stage of a grievance or arbitration procedure in cases of individual or group grievances involving employees;
    • (d) To appoint a member of the Committee to represent employees at any stage of a grievance or arbitration procedure in cases of individual or group grievances when requested to do so by the employee or employees; this duty is subject to a positive recommendation by the Committee pursuant to sub-section (e) of this section;
    • (e) To determine the extent to which the Association will support a grievance by an employee or group of employees, either by representation pursuant to sub-section (d) of this section or by financial support; the Committee in making its decision shall not act in a manner that is arbitrary or discriminatory nor in bad faith in the representation of the employee or group of employees; when such decision involves financial support, it shall be subject to approval by the Executive Committee.
  • 10. If an employee or group of employees disagrees with the decision of the Committee pursuant to section 9 (e), such decision may be appealed to the Executive Committee; such an appeal shall be initiated by a written request sent to the President of the Association; the Executive Committee shall make its decision on the same criteria as set out in section 9 (e) no more than five (5) days after receipt of such request by the President.
  • 11. Any employee or group of employees seeking support of the Association, either through representation or financial support, must request such support of the Committee not less than five (5) working days before the expiration of any limitation periods for giving any notice or filing of documents in the grievance procedure; if an employee or group of employees fails to make such a request, the employee or group of employees alone shall be responsible to meet all procedural requirements for the grievance.
  • 12. Any employee or group of employees who proceeds with a grievance without the support of the Association pursuant to section 9 (e) shall indemnify the Association for any expenses it may be liable to pay as a result thereof; further, any employee or group of employees will be required to provide the Association with reasonable security for the probable expenses resulting from such grievance.
  • 13. In the event that the Association gives financial support to an employee or group of employees, the Association shall determine and provide counsel. The Executive Committee shall be kept informed as to progress and the costs in the action; in the event that the Executive Committee bona fide believes that it would be justified in doing so under section 9 (e), it may withdraw any further financial support.
  • 14. Any employee has the right, if desired, to appear personally before the Committee, or the Executive Committee, to speak for support from the Association for his or her grievance.
  • 15. All decisions by the Committee or the Executive Committee with regard to support by the Association of a grievance by an employee or group of employees shall be binding on any employee subject only to the appeal procedures provided in this by-law.
  • 16. The Chair of the Committee may give and receive notices for and on behalf of the Association in the case of a grievance by an employee or group of employees pursuant to any Collective Agreement.
  • 17. Policy grievances initiated by the Association may be referred by the Executive Committee to the Committee for recommendation and/or action.
  • 18. If a situation comes to the attention of the Committee which in the opinion of the Committee involves a policy grievance, the Committee shall report the situation to the Executive Committee.
  • 19. Grievances initiated by the Employer maybe referred by the Executive Committee to the Committee for recommendation and/or action.
  • 20. The terms of the first Committee under this By-law shall terminate on May 31, 1982; the term of all subsequent Committees shall be for two years starting June 1, 1982; any member of the Committee may resign upon giving written notice thereof to the President.

BY-LAW AUNBT COLLECTIVE BARGAINING COMMITTEE

  • 1. For each of Group 1 and Group 2, there shall be a committee known as that Group’s Collective Bargaining Committee (hereinafter referred to as the Committee), which shall perform the functions and have the powers hereinafter provided.
  • 2. The Committee shall consist of at least six (6) members and a maximum of ten (10) members appointed by the Executive Committee.
  • 3 One member of the Committee shall be appointed Chair by the Executive Committee who shall have full right to vote at all meetings.
  • 4. The quorum for all meetings of the Committee shall be two-thirds of the members.
  • 5. All questions shall be decided by a majority of votes cast at a meeting of the Committee, with any question failing in the case of a tie vote.
  • 6. All other matters of procedure of the Committee shall be determined by the Committee.
  • 7. The Committee may sub-delegate certain of its functions and powers to a sub-committee composed of association members where it deems appropriate with the approval of the Executive Committee.
  • 8. Any vacancies which occur on the Committee shall be filled by the Executive Committee within a reasonable time.
  • 9. The Committee shall have the following powers and functions:
    • (a) For Group 1, to prepare proposals for the collective bargaining, and present these proposals to the Collective Bargaining Council for approval.
    • (b) To appoint, subject to approval by the Executive Committee, a Negotiating Team to initiate and conduct negotiations with the employer.
    • (c) To advise the Executive Committee, the relevant Collective Bargaining Council and the relevant Negotiating Team on matters relating to the negotiation and administration of collective agreements.
  • 10. The term of any Committee shall terminate upon the signing of the next collective agreement following its appointment, but in no case shall the term exceed two years. Any member of the Committee may resign upon giving written notice thereof to the President.

BY-LAW – COLLECTIVE BARGAINING COUNCIL

  • 1. There is hereby constituted a council to be known as the AUNBT Collective Bargaining Council (hereinafter referred to as the Council) which shall perform the functions and have the powers hereinafter provided. The Council shall be a standing committee of the AUNBT Executive Committee.
  • 2. (a) The Saint John campus shall be considered as one Unit.
    • (b) On the Fredericton campus the following shall be considered as Units:
    • (i) all faculties
    • (ii) the librarians
    • (iii) the instructors
    • (iv) the second language teachers;

provided that a Unit must contain at least five (5) members.

  • 3. (a) On the Saint John campus, the following shall be considered as Sub-units:
    • (i) all divisions
    • (ii) the librarians
    • (iii) the instructors
    • (iv) the second language teachers;

provided that each Sub-unit must contain at least five (5) AUNBT members.

    • (b) On the Fredericton campus, the following shall be considered as Sub-units:
    • (i) all departments
    • (ii) all divisions
    • (iii) all schools

provided that each Sub-unit contain at least five (5) AUNBT members.

  • 4. Each unit shall be assigned a quota of representatives on the basis of one for every ten (10) members of AUNBT (rounded 1-4 down and 5-9 up). There shall be a minimum of one representative per Unit (or Sub-Unit) where appropriate.
  • 5. In Units containing two (2) or more Sub-units, each Sub-unit shall elect one representative.
  • 6. Any Unit not filling its quota in the above manner shall do so by electing members at large.
  • 7. The AUNBT Executive Committee shall appoint Council members for any Unit or Sub-unit which fails to elect a representative within ten (10) days of the notification of elections to the Council.
  • 8. Only AUNBT members shall be eligible for election to the Council.
  • 9. Only AUNBT members may vote in elections to the Council.
  • 10. The quorum for all meetings for the Council shall be fifty (50) per cent of Council membership, or designates where the Council Chair has been informed in writing.
  • 11. Resolutions shall require a simple majority of those present to pass.
  • 12. The Council shall elect a Chair and Secretary from within its ranks, who shall have full right to vote at all meetings.
  • 13. Any vacancies which occur on the Council shall be filled by an election within the Unit or sub-unit concerned, within a reasonable time, subject to article 7 hereof.
  • 14. The Council shall have the following powers and functions:
    • (a) To approve the proposals for collective bargaining.
    • (b) To determine the general negotiating priorities of clauses in the proposals for collective bargaining.
    • (c) To review the negotiated agreement before it is presented to the general membership for ratification and to present a recommendation for acceptance or rejection.
    • (d) To give advice to the Negotiating Team, the Collective Bargaining Committee and the Executive Committee on matters relating to collective bargaining.
  • 15. The term of the Council shall terminate on the signing of the next collective agreement following its election, but in no case shall the term exceed two (2) years. Any member of the Council may resign upon given written notice thereof to the Chair of the Council.

AUNBT NEGOTIATING TEAM

  • 1. For each of Group 1 and Group 2 there shall be a committee of the Executive Committee known as that Group’s Negotiating Team (hereinafter referred to as the Team) which shall perform the functions and have the powers hereinafter provided.
  • 2. The Team shall consist of at least three (3) persons to a maximum of six (6) persons.
  • 3. The Team shall be appointed by the relevant Collective Bargaining Committee, subject to the approval of the Executive Committee.
  • 4. The Team may invite other persons to assist in negotiations.
  • 5. The Team shall determine its own procedures.
  • 6. Any vacancies which occur on the team shall be filled by the relevant Collective Bargaining Committee, subject to the approval of the Executive Committee.
  • 7. The Team shall have the power and function to initiate and conduct negotiations with the Employer.
  • 8. The term of the Team shall be determined from time to time by the Executive Committee. Any member of the Team may resign upon giving written notice thereof to the President of the Association.

By-Laws Status of Women Committee

  • 1. There shall be a committee of the Executive Committee known as the AUNBT Status of Women Committee (hereinafter referred to as the Committee) which shall perform the functions and have the responsibilities hereinafter provided.
  • 2. The Committee shall consist of the President of AUNBT (ex officio) and up to ten other members, at least two of whom shall be from Group 2. The members shall be appointed by the Executive Committee and shall include at least two members of the Executive Committee. Appointments shall be made with regard to distribution among campuses and academic units and to provision for overlapping terms.
  • 3. One member of the Committee shall be appointed Chair by the Executive Committee and shall retain full right to vote at all meetings.
  • 4. The Committee shall meet regularly during the academic year as required.
  • 5. The quorum for all meetings of the Committee shall be 4 members.
  • 6. All questions shall be decided by a majority of votes cast at a meeting of the Committee, with any question failing in the case of a tie vote.
  • 7. All other matters of procedure of the Committee shall be determined by the Committee.
  • 8. The Committee may delegate special tasks to the Chair or to sub-committees who shall report back to the full Committee before the results of deliberation are put before the Executive Committee.
  • 9. Any member of the Committee may resign upon giving written notice thereof to the President.
  • 10. Any vacancies which occur on the Committee shall be filled by the Executive Committee within a reasonable time.
  • 11. The Committee shall have the following powers and functions.
    • a) to advise on the Policies of AUNBT with respect to the status of women.
    • b) to represent the interests and concerns of women academics and maintain liaison with all AUNBT committees regarding those interests.
    • c) to maintain a liaison with the UNB President’s Advisory Committee on the Status of Women and the CAUT Status of Women Committee.
    • d) to collect, analyze and disseminate information on the status of academic women with respect to hiring practices, salary, work history, distribution by discipline and employment patterns as necessary.
    • e) to examine circumstances, issues and policies related to women on matters such as parental leave, day care, and sexual harassment.
    • f) to review the AUNBT Collective Agreement in relation to the effect of its policies on women faculty, librarians and instructors.
    • g) to monitor the Canadian scene for academic women.
    • h) to propose policies for positive action in order to allow the university to become a model of equity for women in society.
  • 12. The Committee shall report regularly to the Executive.
  • 13. The Committee shall report at the Annual Meeting of the AUNBT.
  • 14. The term of the first Committee under this By-Law shall terminate on May 31, 1988; the term of all subsequent Committees shall be for two years starting June 1, 1988.