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ARTICLE I - NAME, HEAD OFFICE AND OFFICIAL LANGUAGES
1.1 This Organization shall be known by the 'Maritime Fishermen's Union' and herein referred to as the 'Union'.
1.2 The Union shall have its principal office and headquarters at a location determined from time to time by the Maritime Council.
1.3 English and French shall be the official languages of communication in all activities of the Union. The Constitution and other general documents shall be printed in both languages. Services to local Unions shall be in the languages of their choice.
1.4 The MFU shall not discriminate on the basis of colour, sex, language, religion or political beliefs.
ARTICLE II - OBJECTIVES OF THE UNION
2.1 The objectives of the Union shall be the unification solidarity and welfare of fishermen and other workers in the Fishing Industry by the following means:
a) By promoting and securing beneficial legislation for fishermen and other workers in the Fishing Industry;
b) By engaging in collective bargaining on behalf of fishermen to regulate the relations between fishermen and the buyers and processors of fish and thereby to secure a higher standard of living for fishermen through the improvement of prices and working conditions;
c) By engaging in collective bargaining on behalf of workers in the Fishing Industry including plant workers in fish processing plants;
d) By providing the members of the Union with all the services which it is able to offer them;
e) By promoting measures to ensure a rational exploitation of the fishery and the reviewal of its resources;
f) By promoting a high level of collective living through the study of economic and social problems relating to the life of fishermen and their families and to the fundamental rights of all citizens;
g) By affiliating, amalgamating, merging or co-coordinating with any other organizations having objectives similar to those enumerated herein to the end that the Union may continue to grow in membership and ability to serve its members, provided that any amalgamation or merger shall be approved by a majority of two-thirds of the members of the Union in a referendum vote.
ARTICLE 111 - CONSTITUTION
3.1 The supreme law of the Union shall be this Constitution as amended.
3.2 This revised Constitution may be amended by a two-thirds majority vote by the delegates present and voting in Convention, or by a simple majority of members voting in a referendum among all members of the Union.
3.3 To amend the constitution one of the following three conditions has to be met before a vote can be taken on the proposal:
a) that the members have received written notice before the Convention;
b) that the amendments be submitted to the Maritime Council before the Convention;
c) That the amendments have been submitted to workshop at Convention before going to the plenary session for a vote;
ARTICLE IV - JURISDICTION
The jurisdiction of the Union shall include all fishermen in New Brunswick, Nova Scotia, and Prince Edward Island, and such other persons in the fishing industry as decided by the Maritime Council.
ARTICLE V - AFFILIATION
The Maritime Council shall have the authority to affiliate the Union and any subordinate body with national and provincial federations of labour, including the Canadian Labour Congress insofar as this is in the interests of its members and of Canadian workers.
ARTICLE VI - MEMBERSHIP
6.1 Except as herein otherwise provided, any person employed within the jurisdiction of the Union may apply for membership. Persons employed within the jurisdiction of the Union include:
a) a self-employed commercial inshore fisherman, holding a permit to conduct commercial fishing and personally engaged in fishing;
b) a fisherman-helper, working for a self-employed commercial inshore fisherman, so long as part of his remuneration is paid on a share-of-production basis;
c) a person engaged or employed on fishing vessels of all types of which he is not the owner or the captain so long as part of his remuneration is paid on a share-of-production basis;
d) workers employed in fish processing; and
e) staff members of the MFU
6.2 Application for membership in the Union shall be made to the appropriate Local Union. Each applicant for membership shall fill in an application form furnished or approved in such manner as the Maritime Council may direct.
6.3 Application for membership must be approved by the Local Union in which application is made. The Local Executive Council may perform this function if the Local Union so decides.
6.4 A person whose application for membership is approved by the Local Union shall be admitted to membership and shall become a member in good standing upon payment of membership dues to the headquarters of the Union. Upon notification, the headquarters of the Union shall issue a membership card, which shall be valid for a maximum of one year. In order to be officially recognized by the Union, the membership card must include the signature of the member, and that of the President of the Union.
6.5 A person shall continue to be a member in good standing when his membership dues are paid up to date and he otherwise complies with the provisions of this Constitution.
6.6 Membership in the Union shall cease if:
a) a member ceases to be a person employed within the jurisdiction of the Union, as defined herein, for a period or more than twelve months;
b) a member fails to pay membership dues within sixty days after their due date;
c) a member is suspended or expelled from the Union in accordance with the provisions in this Constitution.
6.7 Loss of membership on account of failure to pay dues shall be automatic. The President of the Union shall give notice in writing to such a person that their membership has ceased. A copy of the notice in writing shall be sent to the Local Union.
6.8 Where a question arises about the membership status of any such person, it shall be decided by the Local. The Local shall have the power to permit to continue in membership who has failed to pay dues or who has ceased to be a person employed within the jurisdiction of the Union on account of sickness, injury, or any other reasonable cause.
6.9 A person who has lost his membership in the Union may reapply for membership to a Local Union, if he otherwise meets the conditions for membership set out in this Constitution. A membership who has lost membership on account of non-payment of dues may be reinstated to membership only upon payment of all unpaid dues up until the time of reinstatement.
6.10 The Maritime Council may, on request by any person or on its own initiative, review any decision made by a Local union respecting the eligibility for membership of any person, approval of an application for membership by a person, denial of membership to any person, or the loss of membership by a member. Upon review, the Maritime Council may rescind or revise any such decision by a Local. The decision of the Maritime Council shall be final and not subject to appeal except as provided herein.
ARTICLE VII - CONVENTION
7.1 The supreme governing body of the Union shall be its Convention.
7.2 A Convention shall be held annually at such time and place designated by the Maritime Council.
7.3 Special Conventions shall be called whenever authorized by at least two-thirds of members of the Maritime Council. The President of the Union, upon receiving a petition from Local Unions representing a majority of the membership of the Union shall call a special Convention within sixty days. No business shall be considered by any special Convention except the business specified by the Convention call.
7.4 The President, at the direction of the Maritime Council, will issue a Convention call to all Local Unions, setting forth the time and place at which a Convention will convene, not less than thirty days prior to the date fixed for the Convention.
7.5 At the time that the president issues the Convention call he shall notify all Local Unions as to the number of delegates to which they are entitled according to the number of members in good standing as shown by the records of the Union. He shall also supply each Local Union with credential forms in duplicate for its delegates. Officers of the Local Union shall sign the original duplicate credential for each delegate elected by the Local Union. The original credential shall be given to each elected and shall be delivered to the Convention or its appropriate designated committee by each respective delegate.
7.6 Each Local Union shall be entitled to be represented at a Convention by the number of delegates determined as follows:
a) one delegate per five members if the Union has less than one thousand members;
b) one delegate per ten members if the Union has between one thousand and two thousand members;
c) one delegate per twenty members if the Union has between two thousand and five thousand members;
d) one delegate per fifty members if the Union has more than five thousand members.
7.7 The delegate to the Convention shall be elected by the members of their Local Union from among the members in good standing in the Local Union.
7.8 The officers of the Union and the members of the Maritime Council shall be entitled to attend the Convention and exercise all of the rights and privileges of delegates by virtue of their office and each shall be entitled to cast one individual vote on all issues.
7.9 The permanent employees of the Union will be allowed to attend the Convention and exercise the same rights and privilege as the delegates.
7.10 A majority of the delegates in attendance at a Convention shall constitute a quorum for the transaction of business, but no action of the Convention shall be held invalid for lack of quorum unless the question of the presence of the quorum is raised before such action is finally taken. Unless otherwise specified in this Constitution, all decisions of the Convention shall be by a majority of votes cast on the question.
7.11 A resolution Committee shall be appointed by the Maritime Council. All Resolutions for the Convention must be submitted to the Resolutions Committee at least 21 days before the Convention. The resolutions submitted after that date must be approved by the Convention before being brought to a vote.
7.12 The Convention shall be conducted in accordance with the provisions of this Constitution and such rules as may be adopted by the Constitution. Burinot's Rules of Order shall govern where no constitutional or convention rule is application.
ARTICLE VIII - OFFICERS
8.1 The officers of the Union shall be the President, the Secretary-Treasurer and a Vice-President for each of Nova Scotia, New Brunswick and prince Edward Island. The Maritime Council shall select one of the Vice-Presidents to act as First Vice-President at its first regular meeting following the annual Convention.
8.2 The President, the Vice-President and the Secretary-Treasurer of the Union shall comprise the Executive of the Union which shall perform the functions allocated to it by the Maritime Council, but shall, in any case, be responsible for the administration of the Union between meetings of the Maritime Council. Any such decision taken by the Executive must be approved by the following Maritime Council meeting. The Executive may meet informally by telephone, but every effort shall be made to notify each member of the Executive of the matters to be discussed.
8.3 The President and the Secretary-Treasurer of the Union shall be elected by and from the delegates at the annual Convention. If more than one candidate is nominated for any office, the election shall be by secret ballot. In any election for a single office, the candidate receiving a majority of votes shall be declared elected.
8.4 The Vice-Presidents for New Brunswick, Nova Scotia and Prince Edward Island shall be nominated and elected in regional caucus at the Convention by and from the delegates assembled in Convention. The candidate receiving the majority of votes shall be declared elected.
8.5 The President and the Secretary-Treasurer of the Union may become full time employees of the Union for so long as they are in their positions as President and Secretary-Treasurer.
8.6 The President and Secretary-Treasurer of the Union shall be ex-officio members of all committees established by the Union of the Local Union.
8.7 The duties of the President of the Union shall, subject to the direction of the Maritime Council, include:
a) To preside at the Convention, at meetings of the Maritime Council and at any other special meeting of the Union;
b) To carry out day-to-day administration of the affairs of the Union in accordance with the directions of the Maritime Council and with the provisions of this Constitution;
c) To ensure that the Constitution is respected by all members of the Union;
d) To be responsible, with the Secretary-Treasurer, for calling the meetings of the Maritime Council and nay other special meetings judged to be necessary;
e) To provide leadership, with the help of other officers of the Union, in drawing up, mending, negotiating and implementing collective agreements between members of the Union and the processors and buyers of fish;
f) To assist in the preparation and presentation of briefs to governmental authorities on questions concerning the best interests of the members of the Union;
g) To work in the organization of the Union and in the direction of all activities as proposed by the Convention and the Maritime Council;
h) To sign all requisitions and cheques on the Treasury when authorized by the Union, to appoint all committees not otherwise provided for and to transact such other business as is necessary for the proper functioning of the Union.
8.8 The functions of the First Vice-President of the Union shall, subject to the direction of the Maritime Council, include:
a) The Vice-President of the Union will assist the President and the Secretary-Treasurer in their functions.
b) If the President is absent, the Vice-President will replace the President in all his functions, except when specified otherwise in this Constitution.
8.9 The duties of the Secretary-Treasurer shall, subject to the direction of the Maritime Council, include:
a) To keep a correct, full and impartial record of all proceedings of each meeting of the Union and of the Maritime Council;
b) To keep all financial accounts of the Union and to receive membership dues, assessments and other revenue and to deposit the same in the name of the Union at such Bank or Credit Union as the Maritime Council may direct and to make all disbursements for the Union;
c) To prepare a financial report on the Union for the Maritime Council, as may be requested and to cause an annual financial report to be audited by qualified auditor for subsequent submission to the Convention;
d) To maintain proper records of the members in good standing of the Union and to issue receipts to members upon the payment of Union dues;
e) In the President's absence to call meetings of the Maritime Council;
f) In co-operation with the other officers of the Union to give leadership in the drawing up, mending, negotiating and implementation of collective agreements, presentations to government, organizational work and other tasks allocated by the Maritime Council;
g) To furnish to any member, without charge and upon request a copy of an audited financial statement of the Union's affairs at the end of its last preceding fiscal years.
8.10 The duties of the Vice-President of New Brunswick, Nova Scotia and Prince Edward Island shall be to assist the President and the Secretary-Treasurer in their function and to perform such duties as may be directed by the Maritime Council.
8.11 In the event of any vacancy occurring among the officers of the Union, the Maritime Council may appoint a member of the Union to fill the vacant position until the next Convention of the Union.
8.12 Any officer who violates the Constitution or exceeds or fails to carry out the duties of his position may be removed from office by a motion of censure by the Maritime Council; this will require a 10 day notice of motion and a seventy-five per cent majority vote; on a motion of censure the officer in question shall be denied the right to vote.
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