The Newfoundland and Labrador Teachers’ Association By-Laws
This section contains the complete by-laws of the Newfoundland and Labrador Teachers’ Association. Some of the topics covered include: definition and rights of membership, dues, formation of branches and special interest councils, procedures governing the convention, procedures for nomination and election of officers, duties of the President and of Executive, appointment and duties of administrative staff, Finance Committee, controls on funds and assets of the Association, financial arrangement of branches and special interest councils, proper standards of professional conduct, discipline and exemption from by-laws.
“Act” means the Newfoundland and Labrador Teachers’ Association Act. Words or terms appearing herein shall, unless the context otherwise requires, have the same meaning as given by the Act; and words importing the singular shall include the plural, and the converse shall also apply.
Notices calling Conventions of the Association shall be given in accordance with Section 19 of the Act, and shall be communicated to the members of the Association by the Executive Director at least 30 days before the calling of such meeting. Notice carried in The Bulletin shall be deemed to satisfy the intent of this by-law.
III. ACTIVE MEMBERSHIP
(1) The President of the Association.
(2) Every teacher who satisfies the requirements of Section 6(1) of the Constitution and every teacher employed by the Department of Children, Seniors and Social Development to teach at the Youth Correctional Centres shall be an Active Member of the Association.
(3) Every person engaged in teaching or administration on a regular part-time basis, who holds a valid teaching certificate or licence granted pursuant to the Teacher Training Act and is paid in accordance with the collective agreement(s) in effect between their employer, the Association and the provincial government.
(4) Teachers on Leave of Absence or Pursuing Studies – Persons who hold a permanent or interim certificate, who have been active members and who do not qualify for Active Membership under another section of this By-Law III, are eligible for membership on payment of the specified dues provided they satisfy one of the following categories:
(a) Teachers on sabbatical/educational leave;
(b) Teachers on leave without salary who are pursuing studies;
(c) Teachers on leave for any reason deemed valid by Executive;
(d) Teachers who have resigned, were terminated, or laid-off and who, in the opinion of Executive, are actively involved in some work (studies) connected with improving their qualifications as teachers;
(e) Teachers on Sick Leave; or
(f) Teachers on Parenthood Leave.
(5) Substitute Teachers: Every person engaged in teaching or administration on a casual part-time basis, who holds a valid teaching certificate or licence granted pursuant to the Teacher Training Act and is paid in accordance with the collective agreement(s) in effect between their employer, the Association and the provincial government.
(6) Teachers who are employed by the Miawpukek First Nation Council to teach at Conne River.
(7) Teachers who are suspended or terminated by their employer, until such time as same has been confirmed by a final quasi-judicial or judicial process or by the failure of the teacher to proceed with the applicable legal proceedings.
Subject to By-Law XI.G. and By-Law XIV.G.(6):
(1) Teachers who hold Active Membership under Category III.A.(1), (2), (3), (4), (6) and (7) shall enjoy all rights and privileges of the Association, except in the case of Category III.A.(4)(e), where the illness prevents a teacher from fulfilling the mandate of an elected position, such teacher shall resign such position.
(2) Substitute teachers shall enjoy all rights and privileges of the Association; except in the case of participation in Group Insurance, which participation shall be governed by decision of the Group Insurance Managers; and except where such teachers hold membership under another category of this By-Law III, in which case rights and privileges shall be governed accordingly.
(1) For teachers who hold active membership under By-Law III.A.(1), (2), (3), (6) and (7), the annual dues for each member shall be 1.25 percent of salary including bonuses, with 0.1 percent placed directly into the emergency fund.
(2) Teachers on Leave of Absence or Pursuing Studies as per By-Law III.A.(4) shall pay the following dues:
(a) Teachers on sabbatical/educational leave and receiving salary shall pay the regular NLTA dues on the proportional part of salary received.
(b) Teachers on leave for study purposes, and not receiving salary, the dues shall be $5.00 per semester and the deadline for receipt of such dues shall be two months after the commencement for either of the semesters.
(c) Teachers on leave as per By-Law III.A.(4)(c) shall pay $5.00 per month for each completed month of leave.
(d) Teachers who have resigned, were terminated or laid off, and are actively pursuing studies which, in the opinion of Executive, are connected with improving their qualifications as teachers shall pay dues of $5.00 per semester and the deadline for receipt of such dues shall be two months after the commencement of the semester(s).
(e) Teachers on Sick Leave and receiving regular sick leave benefits from the Department shall pay the regular NLTA dues on the proportional part of salary received.
(f) Teachers on Parenthood Leave shall pay $5.00 per month for each complete month of such leave.
(3) Substitute teachers shall pay 1.25 percent on annual salary earned, with 0.1 percent placed directly into the emergency fund.
IV. ASSOCIATE MEMBERSHIP
(1) General – A person who is engaged in a professional capacity relating to education in the Province, other than those who qualify for Active Membership, and who holds a valid teaching certificate, may, upon application to Executive and at its discretion, become an Associate member.
(2) Retired Teachers – Retired teachers, including those out-of-Province presently domiciled in the Province, who are not eligible for Life Membership shall be eligible for Associate Membership.
(3) Teachers on Long Term Disability shall be eligible for Associate Membership.
(4) Student Teachers – Student teachers are persons who are enrolled in full-time courses of study, beyond first year, either leading to or coming after first certification as teachers but who have less than one year’s teaching experience. Such persons may become Associate Members.
(5) Unemployed Teachers – A teacher who is unemployed may become an Associate Member of the Association:
(a) Teachers who have resigned: for the balance of the school year in which a teacher became unemployed and for the next school year if the teacher is actively seeking employment as a teacher.
(b) Teachers who have been laid off or terminated: for the remainder of that school year plus two school years following, if the teacher is actively seeking employment as a teacher.
(1) General – Associate Members in this category may attend and speak at meetings of the Association, but not at meetings or portions of meetings relative to collective bargaining. They shall not be entitled to hold office in the Association, nor vote, nor be members of the Executive.
(2) Retired Teachers – Retired teachers in this category may attend and speak at meetings of the Association, but not at meetings or portions of meetings relative to collective bargaining. They shall not be entitled to hold office in the Association, nor vote, nor be members of the Executive. Other privileges may be granted as per Association Policy.
(3) Teachers on Long Term Disability shall enjoy all rights and privileges afforded retired teachers as per By-Law IV.B.(2).
(4) Student Teachers – Those beyond first year shall be given the rights and privileges of Associate Members in IV.B.(1). For persons under this category who are members in the MUN Branch of NLTA the following additional privileges shall apply:
(a) They shall have voting power in the Branch; and
(b) They shall be eligible for office within the Branch.
(5) Unemployed Teachers –
(a) Those in IV.A.5.(a) may attend and speak at meetings but not vote, nor hold office, nor be members of Executive.
(b) Those in IV.A.5.(b) may attend, speak and vote at meetings but not hold office and enjoy other privileges granted as per Association Policy.
(1) General – The annual dues shall be $25.00.
(2) Retired Teachers – Dues of $10.00 per year shall be charged. For those with extenuating circumstances, the fee may be waived upon application to the Executive. Retired teachers who substitute shall, however, on days substituting, pay an amount equivalent to the dues required for substitute teachers.
(3) Teachers on Long Term Disability shall pay $10.00 per year. For those with extenuating circumstances, the fee may be waived upon application to Executive.
(4) Student Teachers – The dues shall be $2.00 per semester and the deadline for receipt of such dues shall be two months after the commencement of each of the semesters.
(5) Unemployed Teachers –
(a) Dues shall be $2.00 per month for each and every month of eligibility.
(b) No dues shall be charged except those collected under By-Law III. C.
V. LIFE MEMBERSHIP
Life Membership shall be granted to every retired teacher:
(1) who has taught in the Province of Newfoundland and Labrador for not less than 20 years;
(2) who, at the time of retirement or of electing to go on deferred pension, was:
(a) a member of this Association and whose membership in this Association is not less than 20 years in the aggregate; or
(b) actively employed with a school board in the field of primary, elementary, and secondary education and had been a member of this Association for not less than 20 years in the aggregate.
(3) who has not been found guilty of unprofessional conduct as outlined in Article 16 of the Constitution of the NLTA or a breach of the proper standards of professional conduct in accordance with By-Laws VII and XXII of these By-Laws, for actions which occurred during the period specified in (1) and (2) above.
(4) Life Membership certificates shall supplant Honorable Retirement Scrolls only when conditions (1), (2) and (3) of this subsection A are met.
(5) This certificate shall be presented at the Branch level.
(6) Members retired prior to the coming into effect of this By-Law may be reconsidered in the light of it.
Life Members may attend and speak at meetings of the Association, but not at meetings or portions of meetings relative to collective bargaining. They shall not be entitled to hold office in the Association, nor vote, nor be members of the Executive. Other privileges may be granted as per Association policy.
No dues shall be charged. Life members who substitute shall, however, on days substituting, pay an amount equivalent to the dues required for substitute teachers.
VI. HONORARY MEMBERSHIP
(1) Honorary Membership may be bestowed on any person who, in the opinion of the Executive, has made a significant contribution to the cause of education.
(2) A committee appointed by Executive shall recommend in time for presentation at Convention, if possible, persons for Honorary Membership.
Honorary Members shall be given all rights and privileges of Associate Members under IV.B.(1) unless they qualify for membership under another category in which case they shall enjoy the privileges of that category.
No dues shall be charged.
VII. PROPER STANDARDS OF PROFESSIONAL CONDUCT
The following acts by members of the Association referred to in Section 6 of the NLTA Act shall constitute a breach of the standards of professional conduct for membership in the Association.
(1) Failure to follow Association directions during a legitimate job action initiated under the Teacher’s Collective Bargaining Act, and pursuant to the policy of the Association.
(2) Acting in contravention of the objectives, the policies, or the Code of Ethics of the Association.
(3) Performing work for the employer(s) while the Association is involved in a job action against such employer(s) and/or refuses to honor a picket line mounted by the Association.
The Association shall consist of a Federation of Regional Branches and/or Local Branches, and of members generally.
IX. LOCAL OR REGIONAL BRANCHES AND SPECIAL INTEREST COUNCILS
A. Formation of a Branch
(1) Teachers contemplating forming a branch shall apply in writing to the Executive.
(2) A local branch may be set up in any locality where there is an effective membership of at least 10 teachers and where communication prevents the functioning of a larger branch within that area. In any area where a local or regional branch is functioning, no other branch may be formed unless approval is given by the Executive. Such approval may be given only after the Executive has consulted with the local or regional branch already functioning in that area.
B. Regional Branch
Members of local branches may combine to form a regional branch provided it is possible for such branches to meet as a regional branch at least twice a year. Meetings may be a combination of local branch members or delegates from local branches. Where a regional branch has been set up it shall be responsible for conducting business on behalf of the teachers within its boundaries.
C. Officers and Executive
Regional and local branches shall appoint their own officers and executive, manage their own affairs and frame their own rules and by-laws, provided they do not contravene the laws of the Association. All rules and by-laws shall be submitted for approval to the Executive of the Association and changes in the same shall not be effective unless endorsed by the Executive of the Association.
D. Business to be Conducted at a General Branch Meeting Only
(1) Resolutions for Convention;
(2) Selection of delegates to Convention (other than the Branch President);
(3) Nominations to Provincial Executive; and
(4) Any proposed changes in the NLTA Act, Association By-Laws, or Association Policy.
E. Special Interest Councils
(1) Special interest councils may be established by the Provincial Executive Council in accordance with NLTA policy.
(2) Each council may send one delegate to the Provincial Association’s Convention, the cost of which to be covered by the Association’s Convention Budget.
F. Disbandment of a Branch or Special Interest Council
(1) Should any regional or local branch disband or cease to exist because of drop in membership below the required minimum, the remaining members of such branch shall become unattached members of the Association or, where geography permits, be attached to another branch or branches operating in the area. Any assets of a branch at time of disbandment shall forthwith become the property of the Association.
(2) Should a regional council disband or cease to exist, the assets of such regional shall become the property of the provincial council in that category. If regional councils in either category fail to remain a provincial council, such council or councils shall be declared dormant and all assets revert to the Association.
There shall be a biennial meeting or Convention of delegates of the Association. Delegates and members of the Executive only have the right to vote. All other members may sit in at a Convention meeting and speak but not to vote on any matter. The Convention shall be held at such time as may be determined by the Convention. The Executive shall determine where the Convention shall be held. It may consider and accept invitations extended by the branches. Delegates shall be elected from the legally constituted local and regional branches in the ratio of one to every 100 members, or fraction thereof, in the branch. (Branches shall base the number of delegates on the maximum number of teachers employed in the schools and board offices existing within the branch boundaries at any point in time during a school year, provided that such teachers are Active Members of the Association. In no case shall teachers on leave and their substitutes or replacements both count.) In addition, each special interest council shall be permitted to be represented at the Convention by one delegate, as per By-Law IX.E. Delegates to Convention shall use their discretionary powers as per the best interests of their branch or special interest council but must speak as their branch or special interest council wishes if so directed.
XI. NOMINATIONS AND ELECTION FOR EXECUTIVE
A. Any member of the NLTA in good standing* is eligible for nomination and election to the Executive, providing:
(1) Nomination papers are signed by at least 10 members in good standing*, each signature being witnessed by
(a) an officer of a branch; or
(b) a member of the NLTA Executive; or
(c) a Commissioner for Oaths,
and submitted to the Electoral Committee, appointed by the NLTA Executive.
(2) The President shall, if so desired, be an ex officio** Executive member for the year following the completion of the President’s term of office.
(3) The Electoral Committee shall receive nominations for the Executive up to the commencement of the second day of Convention sessions in accordance with By-Law XI.A.(1). Such nominations must be accompanied by a short biographical sketch and a signed statement by the candidate of willingness to serve under conditions from time to time established by the Convention and applicable during the term sought.
(4) Subject to XI.A.(1), for publication in the Convention Bulletin nominations must be postmarked or hand delivered to the NLTA Head Office not later than the date which is two months prior to the opening date of Convention. Nominations will be accepted by email, facsimile or other electronic means provided the original nomination form is postmarked or received at the NLTA Head Office within ten (10) days of the receipt of the electronic/facsimile version.
B. Photographs and information on candidates referred to in XI.A.(4) must be published in the Convention Bulletin at least one month prior to the Convention.
C. Nominees are free to contact branches and special interest councils in any way they see fit keeping in mind the professional Code of Ethics. Branches and special interest councils may or may not instruct delegates to the Convention as they see fit, with the understanding that after the first ballot is cast at the Convention, delegates are released from their instructions and may vote at their discretion.
D. Seventeen Executive members shall be elected biennially, and the 10 who have the greatest number of votes shall, with the President, the Vice-President and a person holding office under XI.A.(2), where applicable, form the Executive Council. The remaining Executive members shall be classified as alternate members.
E. When a tied ballot result prevents the Electoral Committee from naming the members to the Executive Council and/or from ranking the alternate positions, a further ballot shall be taken to resolve the tie. Only tied candidates shall appear on such a ballot.
F. Anyone alleging irregularities in nomination or election procedures must make such allegations known in writing to the Chairperson of the Electoral Committee at the Convention not later than 30 minutes after the announcement of the results of the election. Upon receiving such allegation, the Chairperson of the Electoral Committee must appoint a committee of three registered delegates, excluding nominees, who will investigate the allegation and report their findings and recommendations to the Chairperson of the Electoral Committee before 10:00 a.m. of the session of the following day of the Convention. In the event that the allegation of irregularities is accepted as proved, by a majority of the committee appointed to investigate the matter, the matter and conclusions must be reported to the Convention by the Chairperson of the Electoral Committee. After receiving the report of the Electoral Committee the Convention shall, by a ⅔ vote of registered delegates, allow the election to stand or otherwise a new election shall be held in respect of the Executive positions affected by the irregularity.
G. No member shall be eligible to be a member of the Executive unless such person is residing in, or actively teaching in, the province of Newfoundland Labrador during the term of office.
H. The maximum number of Executive members who can sit on the negotiating team, at any one time, shall be two.
XII. NOMINATING AND ELECTION PROCEDURES FOR OFFICERS
A. Any member of the NLTA in good standing*, is eligible for nominations and election to the office of President or Vice-President providing:
(1) Nomination papers are signed by at least 10 members in good standing, each signature being witnessed by
(a) an officer of a branch, or
(b) a member of the NLTA Executive, or
(c) a Commissioner for Oaths,
and submitted to the Electoral Committee appointed by the NLTA Executive under By-law XV.B.
(2) The member shall not have been found by the Electoral Committee to have failed to comply with the financial guidelines contained in the Association’s election procedures established by the NLTA for the election of officers in a prior election.
(3) That the Electoral Committee, as appointed under By-law XV.B., receive nominations for the office of President and Vice-President up to thirty (30) days before the date of the election. Such nominations must be accompanied by a signed statement by the candidate of willingness to serve under conditions from time to time established by the Convention and applicable during the term sought.
(4) Subject to XII.A.(1), the name of each nominee shall be released by the Electoral Committee, as appointed under By-law XV.B., within two weeks of receipt of each nomination. For publication in The Bulletin, a nomination, a short biographical sketch and an election statement must be postmarked or hand delivered to the NLTA Head Office not later than the date which is two months prior to the date of the election. This documentation will be accepted by email, facsimile or other electronic means provided the originals are postmarked or received at the NLTA Head Office within ten (10) days of the receipt of the electronic/facsimile version.
B. Photographs and information on candidates referred to in XII.A.(4) must be published in The Bulletin at least one month prior to the date of the Presidential election period.
C. Nominees are free to contact teachers in any way they see fit, keeping in mind the professional Code of Ethics.
The President and Vice-President shall be elected by ballot at the conclusion of the prescribed election periods as per the following:
(1) Voting shall be by secret ranked ballots issued to active members as defined by By-law III.
(2) The results of each ballot shall be announced by the Chairperson of the Electoral Committee, as appointed under By-law XV.B.
(3) In order to be elected, a candidate must receive a majority of votes of the active members voting.
(4) If no majority of votes of the active members voting is registered on the initial ballot, where more than two candidates are involved, all but the two candidates receiving the highest number of votes shall be dropped and the alternative choices selected on ballots for unsuccessful candidates will be redistributed to the remaining candidates. In instances where no alternative candidate has been identified, the ballot will not be considered in the final count. The recalculation using the ranked ballot will constitute the run-off election.
(5) In the event of a tie on a ballot with only two candidates, a vote of the Executive Council will decide the issue.
E. Anyone alleging irregularities in nomination or election procedures must make such allegations known in writing to the Chairperson of the Electoral Committee within seven (7) days of the event on which the allegation is based. Upon receiving such allegation, the Electoral Committee shall investigate the allegations and report its findings and recommendations to the Executive Council within a further seven (7) days. In the event the allegation of irregularity is accepted as proved by a majority of the Electoral Committee, the Committee shall, by majority vote of its members, recommend to the Executive Council appropriate actions, including but not limited to setting aside the nomination or election providing for new or further nominations or elections or any other act which will give effect to the by-laws, and the Executive Council shall act in accordance with that recommendation.
F. Election of President and Vice-President shall be held biennally.
XIII. DUTIES OF OFFICERS
A. Office of the President
(1) The term of office shall be for a two-year period from August 1 in the year following the year the President was elected to July 31 of the second year following.
(2) Remuneration and benefits shall be paid as per policies and principles laid down by Convention.
(3) The office shall not be held for more than two successive terms by the same person. A portion of a term shall be considered as a full term.
(4) Upon election to the office, the following oath shall be sworn to or affirmed: “Upon my honor, I declare that I will faithfully and to the best of my ability, carry out the duties prescribed for the position of President of the Newfoundland and Labrador Teachers’ Association; that I will defend, and act within its Constitution and By-Laws, upholding its policies with integrity; that I will not knowingly seek personal gain from this office.”
B. Duties of the President
(1) Shall be the official spokesperson for NLTA policy;
(2) Shall be an ex-officio member of all committees;
(3) Shall have general supervision of the affairs of the NLTA;
(4) Shall be the official representative of the NLTA in all relations involving NLTA policy unless otherwise designated at the President’s request by the Executive;
(5) Shall be the official representative of the NLTA at all formal functions unless someone is otherwise designated by the President; and
(6) (a) Notwithstanding all other by-laws herein contained, shall refrain from official political activity that might be interpreted as committing the NLTA to the support of any political party, faction, group or candidate for any political office. The Executive will be the body designated to interpret this section subject to review by the Convention.
(b) Notwithstanding all other by-laws herein contained, with the exception of XIII.B.(6)(a), shall not seek political office at either the federal or provincial level. In the event that such office is sought, the President shall be required to notify the Executive of the Association and to resign from the position of President immediately. The Executive will be the body designated to interpret this section subject to review by the Convention, and not so as to limit the interpretative powers of the Executive, “seek political office” shall be deemed to include seeking the nomination of a political party, and all activities leading up thereto and undertaken or performed with a view to obtaining political office.
C. Office of the Vice-President
(1) The term of office shall be the same as the President.
(2) In the absence or incapacity of the President, the Vice-President shall act in the place of the President.
(3) The Vice-President shall succeed to the office of President in accordance with the provisions of the Constitution. That portion of the term filled upon succession shall not be considered as a term under the provisions of By-Law XIII.A.(3).
(4) In the event that a Vice-President is not able to assume the Presidency full time, they shall finish out the term of their predecessor as a part-time President.
(5) (a) Notwithstanding all other by-laws herein contained, the Vice-President shall refrain from official political activity that might be interpreted as committing the NLTA to the support of any political party, faction, group or candidate for any political office. The Executive will be the body designated to interpret this section subject to review by the Convention.
(b) Notwithstanding all other by-laws herein contained, with the exception of XIII.C.(5)(a), the Vice-President shall not seek political office at either the federal or provincial level. In the event that such office is sought, the Vice-President shall be required to notify the Executive of the Association and to resign from the position of Vice-President immediately. The Executive will be the body designated to interpret this section subject to review by the Convention, and not so as to limit the interpretative powers of the Executive, “seek political office” shall be deemed to include seeking the nomination of a political party, and all activities leading up thereto and undertaken or performed with a view to obtaining political office.
XIV. DUTIES OF EXECUTIVE COUNCIL
A. The term of office of the Executive Council shall be for a two-year period from August 1 in the year the Council is elected to July 31 of the second year following.
B. The Executive shall have the power when occasion arises to employ administrative personnel and other office staff; to set the conditions and terms of employment of personnel, etc., and to terminate services of same if thought desirable. Such terms of employment shall include but shall not be limited to provision to travelling allowances, sick leave benefits, leave of absence, accident insurance, and pension on retirement.
C. The Executive shall meet as often as necessary during the teaching year. Standing committees for carrying out projects of the Association shall be appointed by the Executive at its first meeting.
D. The duties of the Executive shall be to act as a representative of the teachers in promoting the welfare of the members of the Association and the advancement of education in the province, using to this end all legal means at its disposal. A quorum shall be seven members.
E. The Executive shall be responsible for establishing, setting forth the Terms of Reference and approving the Constitution and By-Laws of committees and special interest councils which may be formed to improve specific areas in education of the Province; provided that such Terms of Reference, Constitution and By-Laws are not inconsistent with the letter and spirit of the Constitution and Policies of the Newfoundland and Labrador Teachers’ Association.
Any vacancy occurring among the members of the Executive of the Association by death, resignation or otherwise shall be filled by the Executive from the alternates provided by By-Law XI.D. in order of the number of votes received.
G. The duties of an Executive member shall include but are not limited to the following:
(1) Serving when appointed on ad hoc and standing committees of the Executive Council;
(2) Acting as liaison person between the Executive Council and NLTA Branches;
(3) Representing the Association on advisory and/or liaison committees, as assigned;
(4) Representing the Association at conferences, seminars, meetings, etc., as assigned;
(5) Attending all meetings of the Executive Council. A member of the Executive who is absent from two consecutive meetings without showing good cause shall be deemed to have resigned; and
(6) A member of the Executive who ceases to reside in, or actively teach in, the province of Newfoundland and Labrador during the term of office shall be deemed to have resigned.
H. The Provincial Executive will action, as directed, resolutions which are carried at the Convention except when new circumstances that have arisen since the Convention clearly indicate that the actioning of a particular resolution would not be in the best interests of the Association.
I. Notwithstanding all other by-laws herein contained, in the event that an Executive member should seek political office at either the federal or provincial level, that member would be required to notify the Executive of the Association immediately and to take a leave of absence from their position on the Provincial Executive, which leave would be granted. Should the member thereby not attain political office, either at the nomination or election stage, that person would be permitted to return to the Executive and resume the duties thereunder; should the member attain political office by becoming elected, that person would be required to immediately resign from the Provincial Executive. While any member is on leave from the Executive, the vacant position may be filled on a temporary basis as the Executive may deem necessary or fit. Upon a member being required to resign, that person’s position shall be filled by that procedure herein above set out in By-Law XIV.F.
J. The Executive and the Presidents of Branches, established pursuant to Section 5.(1)(d) of the NLTA Act, shall have the power, by majority vote, in the event that the Association incurs any indebtedness as a result of a job action, to impose upon the membership a special levy to be paid in such amount or amounts for such period and on such terms as the Executive and the Presidents of Branches deem necessary to pay some or all of such indebtedness, such a levy not to be used for any other purpose than repayment of job action indebtedness.
A. Elections for President shall be held during the last five school day week of November, with the election concluding on the fifth day. Elections for Vice-President shall be held during the second five school day week of December, with the election concluding on the fifth day. The election periods will be selected by the Electoral Committee, as appointed under section B. of this By-Law. Election information shall be published in a Bulletin at least one month prior to the date of the Presidential election period.
B. There will be appointed by the Executive an Electoral Committee who shall conduct the election of President and Vice-President and recommend policies governing the conduct of elections to the Executive. Such policies shall include all matters relative to the holding of elections. The rules for the conduct of elections shall be published not later than thirty (30) days prior to the date of the elections.
C. Notwithstanding any other provisions in these by-laws with respect to ballots and voting procedures for President and Vice-President elections, the Provincial Executive Council may determine that voting may be done by electronic means, in whole or in part, in accordance with procedures in NLTA policy approved by the Provincial Executive Council.
XVI. EXPENSES AND INSURANCE COVERAGE
Members of the Association on authorized business shall be paid out- of-pocket expenses, at rates established by Executive or Convention, incurred in attendance at meetings or conferences. Vouchers, where possible, must be submitted.
B. Insurance Policy
The Executive shall keep in force insurance policy or policies to protect the Association from financial liability resulting from unauthorized Association business.
XVII. APPOINTMENT AND DUTIES OF ADMINISTRATIVE STAFF
(1) The Administrative Staff shall be appointed by the Executive and shall hold office until services are terminated as per the Collective Agreement.
(2) The Executive Director shall be responsible for all office work in connection with the normal business of the Association and shall supervise all Administrative and Support Staff. The Executive Director may be delegated to act for the Executive if and when such action is necessary. The Executive Director may, with the consent of the Chairperson, speak at any meeting called by the Association but may not vote on any question submitted.
XVIII. FINANCE AND PROPERTY COMMITTEE
There shall be a committee of four members of the Executive known as the Finance and Property Committee. This committee shall control, under the direction of the Executive, the spending of all funds of the Association. The committee shall meet regularly and make decisions as to the best way to use the various amounts budgeted at the Convention. Regular reports of the state of the finances shall be made to the Executive by the Finance and Property Committee, and a report shall be submitted to the Convention. At the same time, the Finance and Property Committee shall present to the Convention for approval a budget for the next two succeeding years.
XIX. FUNDS AND ASSETS OF THE ASSOCIATION
A. All funds of the Association shall be paid into a bank account and no disbursement (except petty cash) shall be paid except by cheque which must be signed by the Treasurer or designate and one other signing officer. The Treasurer must be adequately bonded.
B. Funds of the Association may be invested by the Executive in the Newfoundland and Labrador Credit Union and in accordance with The Trustees Act (No. 166, Chapter 380, Revised Statutes of Newfoundland, 1970, and amendments thereto). Such securities shall be registered in the name of the Association. The Executive may dispose of any and all securities.
C. Real property held by the Association shall be registered in the name of the Association in the Registry of Deeds for Newfoundland. In the event of a sale of the said property or any part thereof, a conveyance signed by the President and the Treasurer or other persons authorized in writing by the Executive, to which the seal of the Association is fixed, shall be a good and valid conveyance on behalf of the Association.
D. The income from real estate shall be deemed funds of the Association and dealt with in accordance with paragraph A of this article.
XX. BRANCH AND SPECIAL INTEREST COUNCIL FUNDS
The financial arrangements for NLTA branches and special interest councils shall be determined by the Executive and approved by the Convention in its budget. Such arrangements will not be altered to a greater amount during the period for which such arrangements have been made and approved. Other resources may be sought and expended without reference to the Executive, except that no branch or special interest council may incur any indebtedness through such things as borrowing or use of credit cards without prior approval of Executive.
XXI. FINANCIAL YEAR
The financial year of the Association shall be from the first day of September to the 31st day of August in the succeeding year.
XXII. MEMBERSHIP STANDARDS
(1) The Executive shall be empowered to investigate and rule upon a written complaint or breach of the standards of membership in the Association as are received by it.
(2) The Executive shall establish its rules of procedures and its decision on matters of procedure shall be final and not subject to appeal or review by a Court of Law.
(3) The Executive shall, before finding upon any complaint, and after receiving all other evidence, afford any member, whose act is complained of, the opportunity of being heard and presenting evidence in respect of the complaint. A member shall be deemed to have had the opportunity of being heard and presenting evidence in respect of the complaint if the member is given not less than seven days notice, in writing, of the time and place at which they may be heard, and present evidence together with a description of the complaint and evidence against them. A member may be represented by Counsel at such time.
(4) The Executive may reprimand, fine, suspend, remove from office, or expel any member who it rules has committed a breach of the standards of conduct for membership in the Association. These penalties may be assessed in any combination.
(5) The Executive shall deliver to the member its findings in writing but shall, in no event, be required to supply reasons for its findings.
(6) A member shall have the right to a review of the decision of the Executive by the Disciplinary Review Board by giving written notice of application for review to the Executive not more than 30 days after receiving the written finding of the Executive.
(7) There shall be a Disciplinary Review Board consisting of five members of the Association in good standing appointed for a term of two years by the Executive. The Executive shall be empowered to appoint such alternate or substitute members of the Disciplinary Review Board as may be required from time to time, when for any reason a member of the Disciplinary Review Board cannot act.
(8) The Disciplinary Review Board shall have full power to amend, alter or vacate the decision of the Executive.
(9) The Disciplinary Review Board shall conduct its review of the Executive’s findings at such time, in such places and such manner as it shall in its absolute discretion deem just, including the requirement of a report from the Executive.
(10) The Disciplinary Review Board will afford the member the opportunity of presenting argument in support of their application for review.
(11) A member shall be deemed to have had the opportunity of presenting argument in support of their application for review if the member has been given not less than seven days’ notice of the time and place at which they may be heard.
(12) Any notice required to be given to any person shall be valid if given by registered mail: in the case of a member to the last known address of the member; in the case of the Executive or the Disciplinary Review Board to the offices of the Newfoundland and Labrador Teachers’ Association, 3 Kenmount Road, St. John’s, NL, A1B 1W1.
(13) Any fine imposed shall constitute a debt to the NLTA enforceable by Civil Suit.
(1) Where Executive has designated an administrative officer to inquire into a complaint pursuant to Section 17(1) of the Act, the person complaining and the member complained of shall be so advised and the member complained of shall at the same time be provided with a copy of the written complaint.
(2) Where, prior to inquiring into the complaint, the administrative officer designated by the Executive believes that the complaint is susceptible to mediation, he/she may offer the services of another administrative officer to mediate the complaint between the member complained of and the person complaining.
(3) With the agreement of both persons, the other administrative officer may attempt to mediate a resolution of the complaint between the person complaining and the member complained of for a period of 45 days or such longer period as the administrative officer considers beneficial and both the person complaining and the member complained of agree.
(4) An administrative officer mediating a complaint shall keep confidential all discussions with the person complaining and the member complained of other than the fact of a resolution being reached or not reached and shall not provide to an administrative officer inquiring into the complaint pursuant to Section 17(1) of the Act any information whatsoever pertaining to the complaint.
(5) If the other administrative officer is successful in mediating a resolution to the complaint, the person complaining and the member complained of shall notify the Executive in writing that the complaint is withdrawn.
(6) If a resolution to the complaint has not been achieved by the mediating administrative officer within the time provided, then they shall so advise the administrative officer designated by the Executive to inquire into the complaint, who shall thereupon do all such things as may be required under Section 17 of the Act.
XXIV. EXEMPTION FROM BY-LAWS
A. Any member, who by reason of the religious or moral tenets of a bonafide religious faith personally held as a member of such faith, is unable to abide by any or all of the By-Laws of the Association, may apply to the Executive of the Association in such form as is prescribed by the Executive, for exemption from any or all of such By-Laws, provided that such application shall be made by the member:
(i) in any year when the member commences or resumes employment as a teacher, within two months after commencement or resumption of such employment, and
(ii) in any year of the member’s employment as a teacher other than a year referred to in paragraph A before the first day of September.
B. Where such application is accepted, the exemption shall be in effect for the duration of the existing Collective Agreement. Within 30 days of the expiry date of a Collective Agreement an exemption may be renewed upon the filing of a further application in accordance with paragraph A.
C. Where such application is accepted, it shall be a condition of the exemption that the member exempted shall not receive any greater financial benefit than any other member by virtue of not being required to abide by such By-Laws, including, but not limited to, By-Laws relating to the payment of membership fees and the failure to participate in a legitimate job action. The member so exempted shall pay to the NLTA any salary income in excess of moneys paid to members participating in a legitimate action.
D. Where such application is denied, the Executive of the Association may permit representation to be made by the member in support of the application for exemption.
E. Any notice required to be given under this By-Law shall be valid if given by registered mail:
(i) in the case of a member to the last known address of the member;
(ii) in the case of the Association or its Executive, to the offices of the Newfoundland and Labrador Teachers’ Association.
XXV. RULES OF ORDER
All meetings of the Executive and Convention shall be governed by Advice on the Conduct of Meetings, published by the Canadian Teachers’ Federation, supplemented by Robert’s Rules of Order.