ARTICLE XII - LOCAL UNION
(taken from MFU's Constitution)

 

12.1 The members of the Union will be grouped into Local Unions.

12.2 Upon application being properly made to the Maritime Council, a charter may be issued to not less than twenty members for formation of a Local Union in a geographic territory approved by the Maritime Council. Upon the granting of a charter by the Maritime Council, the President and Secretary-Treasurer of the Union shall find and issue a charter recognizing the Local Union. The Local Union, upon receipt of a charter, will meet, elect officers and adopt this Constitution.

12.3 All Local Unions in existence at the time of the adoption of this amended Constitution shall be recognized and shall be continued in existence subject to the provisions of this Constitution.

12.4 Each Local Union shall hold an annual meeting at least one month before the Convention of the Union. At least seven days notice shall be given to the members of the Local Union prior to the annual meeting but failure to give such notice shall not invalidate the decisions taken at the annual meeting. In additional to the annual meeting, the Local Union shall hold a meeting. In additional to the annual meeting, the Local Union shall hold a meeting a minimum of three general membership meetings per year in the manner determined by the Local Executive Council or as set down in the Local Union by-laws.

12.5 Special meetings of the Union may be called by the Local Executive Council, and the Executive shall be required to schedule a special meeting within fifteen days of receiving a requisition for such meeting signed by not less than ten per cent of the members in good standing of the Local Union.

12.6 The Local Union shall adopt suitable rules of order to govern the procedure and conduct of all meetings of the Union. The quorum at any meeting shall be determined by the Local Union by some appropriate method including Local Union by-laws.

12.7 The assets of the Local Union are the property of the Local Union and its membership and my only the disposed of by a majority vote of the total membership at a meeting called for that purpose, subject to the approval of the Maritime Council. In the event that a Local Union is dissolved, its property shall become the property of the Union and shall be surrendered by Local Union officers upon demand to the Secretary-Treasurer of the Union.

12.8 The officers of the Local Union shall comprise a president, vice-president and secretary-treasurer who shall be elected by a majority vote at the annual meeting for term of one year.

12.9 In a Local Union representing inshore commercial fishermen and their helpers, there shall be landing spot representatives for each landing spot designated by the Local Executive Council. At the annual meeting of the Local Union, the members for each landing spot so designated shall elect one representative. In the event that a landing spot has more than fifty members of the Local Union, they shall elect two representatives.

12.10 Each Local Union shall have a Local Executive Council consisting of the officers, the landing spot representatives and such additional members as the Local Union by-laws may provide.

12.11 The President of the Local Union shall preside at all meetings of the Local Union, its Local Executive Council. He shall sign all cheques and other authorizations for the withdrawal of the funds of the Local Union. He shall appoint all committees for the proper functioning of the Local Union, which may be necessary.

12.12 The Vice-President of the Local Union shall perform the duties of the President in the absence of the President and in the case of resignation or death of the President, shall perform the duties of the President until such vacancy is filled as herein provided. He shall provide when called upon by the President and at such times when the President may be temporarily unable to discharge his duties.

12.13 The Secretary-Treasurer of the Local Union shall keep a correct, full and impartial record of all proceedings of each meeting of the Local Union and all meetings of the Local Executive Council and shall also conduct the correspondence and maintain the records of the Local Union. The Secretary-Treasurer shall keep all financial accounts of the Local Union and undertake such other responsibilities as may be directed by the Local Union by-laws.

12.14 The landing spot representatives will be responsible for the proper carrying out of the Union activities at their respective landing spot. It will be their responsibility to keep the members informed, to work for better facilities, call Local meetings on specific problems and to encourage members to participate at meetings and other activities of the Union.

12.15 In the event of any vacancy occurring on the Local Executive Council, the reaming officers shall select a member to replace that officer until the next regular meeting of the Local Union, provided that the officers give at least fifteen days' notice to the membership of its intention to hold such election.

12.16 All Local Union officers shall deliver all books, records, funds and property of the Local Union to their successors in office.

12.17 No funds, monies or other property of the Local Union shall be withdrawn from bank accounts, savings accounts or other depositories, or shall be disbursed or transferred unless two or more officers or persons authorized to do so shall sign the bank withdrawal slips, cheques and other necessary documents of authorization.

12.18 Expenditures of the Local Union shall be only for the purpose of the Local Union. All Local Unions shall make reports as required by the Maritime Council with respect to expenditure, the activities of the Local Union and any other matters for which a report is required by the Council.

12.19 In the event that a Local Union, its officers, members or any person acting on their on their behalf:

a) engages in corrupt financial malpractice, or mismanagement in relation to any and all funds, assets or property of the Local; or

b) engages in any activity which would adversely effect the bargaining rights held by the Local Union and enjoyed by its members; or

c) engages in any activity which is contrary to contrary to the aims of the Union or Local Union as enumerated herein, and which causes detriment to the rights held by its members;

The President shall have the power, upon receipt of evidence of these acts to declare that trusteeship proceedings have been initiated.

12.20 Upon the making of such a declaration, the Maritime Council shall be empower to nominate an Interim Trustee who shall be invested with all necessary powers enabling him to preserve all and may assets, funds or property of the Local, and such bargaining rights as are held by the Local so that the rights of all the Local's members be fully protected pending a final decision as to whether a full trusteeship should be imposed or not. The President shall be empowered to give such instructions and authority to the Interim Trustee as he deems necessary to achieve the above and such authority shall be set forth in the notice of nomination.

Upon the making of such a declaration and nomination, the President shall deliver to the Local Executive Council and any member whose conduct is the subject matter of the allegation, a notice setting forth the allegations which have rise to the declaration, the nomination of the Interim Trustee, if any and any such powers granted him, and giving notice of a meeting of the Maritime Council into whether or not a trustee shall be appointed. Such notice shall contain the time and place set for such meeting and the date thereof and shall not be less than ten working days from the mailing of the notice.

12.21 A meeting shall be conducted by the Maritime Council to inquire whether or not a trustee should be appointed. The trustee may be the Interim Trustee or some other person. All members named in the allegations shall have the right in person or through a representative (who shall be a member in good standing) to be present at such hearing and shall be given a full and fair opportunity to respond to the allegation. The Maritime Council, after considering all of the representations shall decide whether to appoint a trustee.

12.22 Upon rendering a decision that a trustee shall be appointed, the Maritime Council shall appoint forthwith a trustee who shall be empowered to:

a) take full charge of the affairs of the Local Union, to remove any and all officers and appoint temporary officers during the trusteeship and to take any such other action as in his judgment is necessary for the preservation of the Local Union and its interests;

b) demand and receive the charter and records of the Local Union. In the event the Local Union refuses to turn over is funds, assets, property, books and records, to the Trustee, the trustee is empowered to institute appropriate legal proceedings to recover the same;

c) cause the financial records of the Local Union to be audited as at the date of the commencement of the trusteeship, and shall transmit such audit to the Maritime Council;

d) report to the Maritime Council at such times as directed by the Maritime Council as to the general state of affairs of the Local and as to any and all actions he has taken in relation thereto.

12.23 The trusteeship may be terminated at any time by a resolution of the Maritime Council which shall have the power to attach such conditions, including the holding of an election of officers, the ordering of an audit, or any other conditions as it deems advisable.