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Article 1 - NAME, HEADQUARTERS AND OFFICIAL LANGUAGES
THE MARITIME FISHERMEN'S UNION
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.
ARTICLE IX - EXECUTIVE SECRETARY
9.1 There shall be an Executive Secretary of the Union, who shall be appointed by the Maritime Council.
9.2 The Executive Secretary shall, subject to the directions of the Maritime Council, be responsible to the President for:
1) the effective implementation of the decisions of the Maritime Council;
2) attendance at the meetings of the Union and the Maritime Council;
3) the day-to-day supervision and direction of all employees of the Union including the co-ordination of the organizing activities of the Union throughout this jurisdiction;
4) such other duties as the Maritime Council may direct.
9.3 Persons employed by the Union shall be responsible through the Executive Secretary to the Maritime Council.
ARTICLE X - THE MARITIME COUNCIL
10.1 There will be a Maritime Council comprised of two out of three executive members of each local and the President, the Vice-President and the Secretary-Treasurer. The Maritime Council shall be the highest authority of the Union between Conventions, subject to the provisions of this Constitution and shall have the right to discipline subordinate bodies for violation of the Constitution. It shall have the authority to make rulings and adopt policies not by the Constitution, which shall not be inconsistent with the provisions of the Constitution.
10.2 The Maritime Council shall meet at least four times per year but where Regional Councils have been duly constituted the Council shall meet at least two times per year.
10.3 The Majority Council, acting upon the advice of the President and the Executive Secretary, shall be responsible for the hiring and terms of employment of any person employed by the Union.
10.4 The Maritime Council shall have the authority to conduct the business of the Union between Conventions or co-ordinate the activities of the Local Union and the negotiating committees. The Maritime Council may create such committees as are necessary for the smooth functioning of the Union.
10.5 The Maritime shall have the power the authorize expenditure of funds, the use of property to effectuate any of the objectives of the Union; to borrow money and pledge any property or security of the Union; to make guarantees, to buy, sell, exchange, rent, lease, or otherwise acquire or dispose of real or personal property of the Union. The Maritime Council shall make provision for all salaries , expenses and other expenditures of Union funds not otherwise provided by this Constitution.
10.6 The Maritime Council shall have the right in whole or in part to suspend the obligation to pay dues by members up until the execution of the first collective agreement and shall have the right to exonerate from payment of dues members involved in strikes.
10.7 The Maritime Council shall present a report of its activities to each regular Convention for approval.
10.8 The Maritime Council may amend the Charter or Jurisdiction of any Local Union after notice and hearing.
10.9 The Maritime Council shall have the authority to negotiate the amalgamation or merger of the Union with organizations having similar purposes and to propose and conduct a referendum among all Union members for the approval of any proposed merger or amalgamation. There can be no merger or amalgamation with other organizations unless the majority of members of the Union voting are in favour of such action.
ARTICLE X-A - REGIONAL COUNCIL
10.A.1 There shall be the establishment of two Regional Councils, one for the Southern Gulf of St. Lawrence and one for Scotia Fundy region.
10.A.2 Such Councils shall be the creations of the Maritime Council and shall carry out such business as so delegated by the Maritime Council. Each Council shall be comprised of the President, the Vice-President and the Secretary-Treasurer and two members of the Executive of Executive of each Local within the region. The Regional Council shall meet at least twice each year and shall among its duties, provide direction to all MFU representatives to Regional Advisory Committees, and other fisheries bodies.
10.A.3 A Regional Council Meeting dealing with a specific fishery, the official Advisory Board Union member should be a voting member of the Regional Council.
ARTICLE XI - DUES
11.1 Each member of the Union shall pay membership dues in the amount prescribed by the Convention. Dues are payable to the Secretary-Treasurer of the Union who will issue a receipt to the member for the amount of dues paid. In the event that dues are paid to a representative of the Union or to the Local Union, such person shall transmit dues forth with to the Secretary-Treasurer of the Union.
11.2 The amount of membership dues shall be determined by the Convention. A majority of two-thirds of the voting members is necessary of the voting members is necessary for the adoption of the amount of dues.
11.3 The dues shall be paid upon the date or times prescribed by the Maritime Council. The Secretary-Treasurer of the Union will notify the members when dues are to be paid.
ARTICLE XII - LOCAL UNION
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.
ARTICLE XIII - OFFENCES
13.1 A member is guilty of an offence against the Constitution when:
a) he/she violates any provisions of this Constitution;
b) obtains membership by fraudulent means or by misrepresentation;
c) institutes, urges, or advocates that a member of the Union institute an action in a court of law against any of its members with respect to matters concerning the affairs of the Union without first exhausting all remedies through the forms of appeal provided for in the constitution;
d) advocates, either verbally or in writing, among the membership false reports or misrepresentations concerning any member of the Union in respect to matters connected with the affairs of the Union;
e) fraudulently receives or misappropriates any property of the Union;
f) without receiving proper authority to do so, furnishes a complete or partial list of membership of the Union to any person or persons other than those whose official position entitled them to have such a list;
g) wrongfully interferes with any officer or accredited representant of the Union in the discharge of his duties;
h) does anything designed or calculated to injure or weaken the Union.
13.2 Every member of the Union shall be entitled to a fair and impartial hearing.
13.3 It is alleged that a member of the Local Union has committed an offence against this Constitution, specific charges must be made in writing to the Secretary-Treasurer of the Local Union, signed by the accuser who must be a member in good standing of the Union, and shall be submitted within ninety days of the alleged violation having been discovered.
13.4 The Secretary-Treasurer shall cause the charges to be delivered to the accused, either personally or by registered mail within three weeks after they have been submitted to him as aforesaid, and the Secretary-Treasurer of the Local Union shall also deliver to the accused notice of time and place for hearing.
13.5 The charges, together with the notice of time and place of hearing, shall be delivered to the accused at least two weeks prior to the date of the hearing. For the purpose of this Article the charges and the said notice shall be deemed to have been delivered when they are personally served on the accused or when they are mailed by registered mail to the accused.
13.6 A panel of five members shall be elected at a regularly constituted meeting of the Local Union, from among those members of the Union in good standing, and such panel shall constitute the Hearing committee of the Local Union.
13.7 The Hearing Committee shall choose from their number one member who shall act as Chairman of the Hearing Committee.
13.8 The chairman of the Hearing committee shall designate not less than three members of the committee to hear charges against a member, provided that any member of the Committee having an interest in the subject matter of the charges shall be disqualified from sitting on the hearing of the charges.
13.9 The panel of the Hearing Committee named to hear charges shall hold a hearing in accordance with the provisions of this constitution and shall give the accused and the accuser equal opportunity to present evidence and make representations and shall permit both the accused and the accuser to be represented by counsel of their own choosing.
13.10 The panel shall substantiate or dismiss the accusations and shall have the power to fine, suspend or expel from membership a member of the Union who is guilty of an offence against the Constitution.
13.11 No fine, suspension or expulsion from the Union shall take affect until the panel has reported to the next regular membership meeting of the Local Union shall confirm the decision of the panel. The decision of the Local Union shall be subject to an appeal to the Maritime Council, Notice of appeal to the Maritime Council shall be delivered to the Local Executive Council within sixty days after the decision of the Local Union confirming the decision of the panel. The Maritime Council shall give a full and fair hearing to such an appeal, giving an opportunity to the accuser, the accused and the Local Union to present evidence to make representations. The decision of the Maritime Council is final and binding.
13.12 No fine, suspension or expulsion shall take effect until after the accused has exercised his right of appeal, or has relinquished or forfeited his right of appeal, or the time for filing the Notice of Appeal has lapsed.
13.13 In the event that a member does not pay the fines imposed under this Constitution within 30 days after the fine becomes payable, such member will automatically lose his membership in the Union, subject to the provisions in this Constitution on membership.
ARTICLE XIV - COLLECTIVE BARGAINING AND STRIKES
14.1 The Local Unions, with the assistance of the Executive of the Union and the Executive Secretary, shall conduct collective bargaining on behalf of their members.
14.2 No collective agreement can take effect unless such agreement is ratified and approved by a majority of the votes cast by the members who are affected by the agreement. Such approval must be by secret ballot before the set agreement is executed on behalf of the Local Union.
14.3 Where a number of Local Unions are in a bargaining group or a multiple bargaining situation, the rules and ratification procedure shall be determined in advance by a the Maritime Council.
14.4 A Local Union may conduct a strike, subject to the provisions of this Constitution.
14.5 No strike order shall be issued by a Local Union unless and until consent to strike has been secured by a two-thirds majority vote of the members present and voting by secret ballot cost at a regular or well-advertised special meeting of the Local Union.
14.6 Before a strike vote shall be taken at a regular or special meeting of the Local Union, a motion requesting a strike vote is approved by a simple majority, a strike vote can then be taken but in no case shall it be taken before twenty-four hours after the adoption of such motion.
14.7 In the case of Local Unions which are involved in a collective bargaining group or multiple bargaining situation, consent to strike must be secured by a two-thirds majority vote of the members present and voting by secret ballot at regular or well-advertised special meetings of each and every Local involved. No Local is entitled to make a decision that could force another Local to go on strike without the consent of its members as set out herein.
14.8 If consent to strike has been given in accordance with this Constitution, all members of the Local affected by the strike shall respect the result of the vote and go on strike.
ARTICLE XV - AUDIT
15.1 Both the Maritime Council and Local Executive Councils shall appoint an auditor who shall report to the annual meeting of Convention as the case may be on the receipts and expenditures for the previous year. At the annual meeting or the Convention, the Union or the Local Union shall consider the auditor's report for the previous year and shall appoint auditors for the ensuing year.
1992 AMENDMENTS TO MFU CONSTITUTION as passed by the Convention
ARTICLE III
3.3. Amendments can be submitted and approved by the Maritime Council and sent to Convention.
ARTICLE X
10.10 The Maritime Council each year before Convention shall review the amount of dues and make a recommendation to the Convention to either maintain, increase, or decrease the dues.
ARTICLE XI
11.4 When Head Office receives dues, it shall keep 40% of the dues and send 60% of the dues to the locals within 30 days along with the list of paid members.
10% of total dues are to be kept by Head Office to cover Convention costs.
ARTICLE XII
12.24 Persons employed the Local Union shall be responsible to the Executive of the Locals they are employed by, subject to the direction of Maritime Council.
ARTICLE XVI - SPECIAL FUNDS OR DEFENSE FUNDS
16.1 Local Unions can raise special funds above dues payment to address Local problems within specific fisheries (Defense Funds) to promote Local projects. These funds are to be considered the sole property of the Local and should only be spent on expenditures approved by the Local.
16.2 In the case of a fund for a specific fishery (Defense Fund) only the members who contribute to the defense fund would be allowed to participate in a vote for expenditures.
16.3 For special projects, monies raised from any source must first have the approval of the Maritime Executive or Maritime Council or the Local Executive accordingly before expenditures are made
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