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Standing Rules & Regulations (October 2018)

STANDING RULES AND REGULATIONS

TABLE OF CONTENTS

  1. PURPOSE
  2. INITIATION FEE
  3. MONTHLY DUES
  4. INVESTMENTS
  5. BANKING
  6. GOOD FINANCIAL STANDING AND ELIGIBILITY FOR BENEFITS
  7. BENEFITS
  8. EXPENSES
  9. RELEASE TIME
  10. DONATIONS
  11. ANNUAL MEETING
  12. COMMUNICATIONS
  13. AGREEMENT WITH CAUT

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1. PURPOSE

1.1 The primary purpose of the Defence Fund is the provision of Strike Benefits for Member Unions engaged in a strike or lock-out, as specified in Standing Rule and Regulations 7.2.

1.2 The secondary purposes of the Defence Fund are:

1.2.1 The provision of Other Benefits to Member Unions in support of collective bargaining or collective bargaining rights not involving a strike or lock-out, as specified in Standing Rule and Regulations 7.3.

1.2.2 The provision of Strike Support Actions in support of Member Unions engaged in a strike or lockout, as specified in Standing Rules and Regulations 7.4.

1.2.3 To support the exchange of information about the importance of job action in the collective bargaining process in the academic sector.

1.3 While extensive discretion shall be provided to the Board of Trustees, the resources of the Defence Fund shall not be available to defray expenses relating to:

1.3.1 Efforts to obtain bargaining status;

1.3.2 The administration of a collective agreement;

1.3.3 The negotiation of a collective agreement, except as provided for in Standing Rule and Regulations 7.2 and 7.3.

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2. INITIATION FEE

2.1 The initiation fee for new Member Unions provided for in Section 3.1 (b) of the By-Law shall be $30.00 times the number of dues-paying persons in the bargaining unit or units, except that unions having acquired legal-status bargaining rights shall have one (1) year from the date of acquiring such rights to join the Defence Fund at the fee of $20.00 times the number of dues-paying persons in the bargaining unit or units.

2.2 When a Member Union brings in a new Bargaining Unit, the Member Union will not be charged a new initiation fee. The Member Union shall immediately calculate the number of FTE members in the new Bargaining Unit, report this figure to the Secretary, and begin paying dues for that Bargaining Unit on the first day of the following month. To access benefits under the Fund, the Member Union must be paying dues for that Bargaining Unit. This regulation does not apply to the fluctuation in the number of individuals within the groups already in the Union.

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3. MONTHLY DUES

3.1 Each member union shall pay to the Defence Fund monthly dues as provided for in Section 3.1 (c) of the By-Law of $5.50 per capita of dues-paying persons in the bargaining unit or units, effective February 1, 2017. Whenever the Daily Benefit as defined in SRR 7.2.1(c) exceeds sixteen times the monthly per capita dues, the monthly per capita dues shall increase by $0.25 on February 1. Any increase in dues as a consequence of a change to strike benefits shall be communicated to each Member union by the Secretary.

3.2 The membership count for billing purposes is to be done on one date, that is December 1 with the billings to reflect that count beginning February 1 following.

3.3 Each Member Union shall perform for each of its Bargaining Units the following calculation and report annually to the Secretary of the CAUT Defence Fund in a manner prescribed by the Secretary with proper notice:

  • the number of full-time members in the union
  • the number of part-time members in the union
  • the number of full-time equivalents (FTE) in each Bargaining Unit
  • the method or formula used to compute the FTE
  • the number of bargaining units

This information for each Bargaining Unit of a Member Union shall be reported annually to the Board of Trustees by the Secretary. For each member union the most recent calculation of the number of FTE in each Bargaining Unit shall be used to determine the annual dues paid to the Defence Fund. In the event of a strike the most recent calculation of the number of FTE in the striking Bargaining Unit(s) shall be used to determine the strike benefits paid by the Defence Fund to member unions. Nothing shall prevent a union from paying full dues for all members and receiving full strike benefits for those members.

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4. INVESTMENTS

4.1 The primary objective of the investment portfolio will be to maximize safety of principal and certainty of payment related to the spending requirements. Subject to these constraints, the portfolio will be managed with a secondary objective of maximizing the overall return.

4.2 Investments may be made in government obligations (i.e. Treasury Bills Notes, Strip Coupons, Debentures and/or Bonds) issued directly or indirectly by the Federal government or an agency (Canadian) or any of the provinces, and Guaranteed Investment Certificates (GIC) that meet Canada Deposit Insurance Corporation requirements.

4.3 Normally, the assets of the Fund shall be invested with an equal percentage maturing in one, two, three, four, five, six and seven years. Maturity dates should be spread out over the year.

When the opportunity for increased return presents itself, securities with maturities of six to ten years may be purchased, so long as the total cost of the bonds purchased does not exceed 10% of the fund for any one year’s maturity, nor 20% of the fund for all such extended maturities.

4.4 The investment committee will implement, review, and monitor these guidelines and must approve all changes to them.

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5. BANKING

5.1 The President, Treasurer, Secretary, CAUT Executive Director, CAUT Director of Operations and the CAUT Financial Officer will have signing authority on cheques. Two signatures shall be required on all cheques, with at least one of the signatures being from the President, Treasurer or Secretary. A motion to this effect shall be passed at each Annual Meeting of the trustees.

5.2 The Defence Fund shall use TD Canada Trust for banking services.

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6. GOOD FINANCIAL STANDING AND ELIGIBILITY FOR BENEFITS

6.1 Good financial standing as used in section 5 of the By-Law means that a union has paid its dues within 90 days of the due date. Interest shall be charged on amounts greater than 90 days in arrears at a rate of 125% of the average interest rate received by the Fund on its assets during the period that the payment is in arrears.

6.2 Pursuant to section 5.2 of the By-Law, the Residual Eligibility (RE) for Strike Benefits (Standing Rules and Regulations 7.2) and Other Benefits (Standing Rules and Regulations 7.3) of a member union which is not in good financial standing with the Defence Fund, or a former member union which has withdrawn from the Defence Fund shall be calculated as follows:

Let:

F = Total fees paid by member association union

T = Total fees paid by all member associations unions

X = F/T

Y = X times (total interest income of the Defence Fund)

Z = X times (total expenses of the Defence Fund expenses)

Then:

RE = F + Y - Z

6.3 Where the Residual Eligibility (RE) is not exhausted by payment of Strike Benefits or Other Benefits under Standing Rule and Regulations 6.2, the new RE shall be calculated using Reduced Total Fees (RTF) as follows:

Let:

W = Strike Benefits and/or Other Benefits paid

C = W/RE (essentially the fraction of benefit eligibility consumed after receiving some benefit, W; 1-C is the fraction left)

Then:

RTF = F times (1-C)

New RE = RTF + Y - Z

For any subsequent calculation of RE use RTF instead of F.

6.4 When the residual eligibility is exhausted, the right to benefits is exhausted.

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7. BENEFITS

7.1 The provisions of Standing Rules and Regulations 7, referring to strikes, shall apply mutatis mutandis to lock-outs.

7.2 Strike Benefits are those provided for in section 4 of the By-Law, and include the following:

7.2.1 Daily Benefit

a) The Daily Benefit is an amount paid to a member union engaged in a strike for the primary purpose of providing strike pay to its members.

b) The Daily Benefit is paid to the member union as of the fourth (4th) day after the beginning of loss of pay.

c) Effective January 1, 2017, the amount of the Daily Benefit provided for in section 12 of the By-Law shall be $88.00 per calendar day times the number of dues-paying persons in the striking bargaining unit(s). The amount of the Daily Benefit shall be determined from time-to-time by the Board of Trustees.

d) The Daily Benefit will be paid in the form of grants to Member Unions which have been members for six months or more.

The Daily Benefit will normally be paid in the form of loans to member unions which have been members for less than six months. Eligibility for a loan shall commence immediately upon joining the Defence Fund. The decision to provide any such loans or grants shall be made by the Board of Trustees.

e) Due to the complexity of full or partial day rotating strikes, any prorating that is necessary to calculate payment of the Daily Benefit will be determined by the President, Treasurer, and Secretary and reported to the Trustees.

f) Daily Benefits paid to a member union in the form of a loan will be repaid over a period of up to one year, with an initial interest free period of six months following the end of the strike. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

g) A member union is required to give the Board of Trustees reasonable notice of its intention to strike.

7.2.2 Strike Support Loan

a) A member union facing a strike shall be eligible for Strike Support Loans. These funds are intended to cover extraordinary expenses incurred by the member union in preparation for or during a strike. The decision to provide a Strike Support Loan shall be made by the Board of Trustees.

b) Requests for draws on a Strike Support Loan shall be made to the Secretary pursuant to Section 11.2(c) of the By-Law, limited to $200,000 before or at the commencement of the strike, and a maximum payment of $200,000 at the end of each one week period during the strike. A member union may request expedited payment of the first instalment.

c) Normally, disbursements paid against a Strike Support Loan will be repaid over a period of up to one year, with an initial interest free period of six months following the end of the strike. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

7.2.3 Group Insured Benefit Loan

a) A member union intending to strike shall be eligible for a Group Insured Benefit Loan in an amount sufficient to pay premiums for group benefits during a strike. The decision to provide a Group Insured Benefit Loan shall be made by the Board of Trustees.

b) Requests for draws on the Group Insured Benefit Loan shall be made to the Secretary pursuant to Section 11.2(c) of the By-Law.

c) Normally disbursements paid against a Group Insured Benefit Loan will be repaid over a period of up to one year, with an initial interest free period of six months following the end of the strike. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

7.2.4 Strike Mediation and Arbitration Benefit

a) A member union that engages in mediation or arbitration to settle a strike, shall be eligible for financial assistance toward costs incurred. The decision to provide a Strike Mediation and Arbitration Benefit shall be made by the Board of Trustees.

b) Eligible expenses for mediation and/or arbitration include legal fees; mediator’s/arbitrator’s fees and expenses; venue expenses; travel, parking, accommodation, food, non-alcoholic beverage, and dependent care expenses; phone/fax/internet/copying expenses during the mediation; and other reasonable and necessary costs directly related to the mediation and/or arbitration, as determined by the Defence Fund President, Treasurer, and Secretary, with appeal to the Board of Trustees in case of disagreement. Applications must be received within 12 months of the conclusion of the mediation or arbitration.

c) Provided a member union pays the first $5,000 of such costs incurred, the Fund may reimburse the member union for further costs incurred, up to a maximum of $50,000 in the aggregate per collective bargaining round. The member union shall pay any additional costs incurred over $55,000. Reimbursement shall be made upon receipt by the Secretary of an itemized list of allowable expenses accompanied by receipts.

d) Strike Mediation and Arbitration Benefits shall be paid in the form of grants to Member Unions which have been members for six months or more. Members Unions which have been members for less than six months may apply for a Strike Mediation and Arbitration Benefit as a loan to assist it with strike related mediation and/or arbitration expenses as defined in Standing Rule and Regulations 7.2.4 (a).

e) Strike Mediation and Arbitration Benefits paid to a member union in the form of a loan will be repaid over a period of up to one year, with an initial interest free period of six months following the end of the strike. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

f) Standing Rule and Regulation 7.2.4 shall be reviewed every three years, beginning in 2012.

7.2.5 Other Assistance

a) The Board of Trustees may authorize the payment of additional funds to aid a member union that is engaged in a strike.

7.2.6 Forced Unpaid Leaves

The Defence Fund will not provide Strike Benefits for forced unpaid leaves.

7.3 Other Benefits are those provided for in Section 4.2 of the By-Law, and include the following:

7.3.1 Mediation and Arbitration Benefit

a) A member union which incurs costs of mediation and/or arbitration in settlement of contract negotiations in situations where a member union has legal bargaining rights and where a collective agreement, or a reopener provision within a collective agreement, is being negotiated or renegotiated, shall be eligible for a Mediation and Arbitration Benefit. The decision to provide a Mediation and Arbitration Benefit shall be made by the Board of Trustees.

b) Eligible expenses for mediation and/or arbitration include legal fees; mediator’s/arbitrator’s fees and expenses; venue expenses; travel, parking, accommodation, food, non-alcoholic beverage, and dependent care expenses; phone/fax/internet/copying expenses during the mediation; and other reasonable and necessary costs directly related to the mediation and/or arbitration, as determined by the Defence Fund President, Treasurer, and Secretary, with appeal to the Board of Trustees in case of disagreement. Applications for a Mediation and Arbitration Benefit shall be accompanied by details of the dispute, including steps already taken to negotiate or arbitrate a solution, and the purpose of the expenditure. Applications must be received within 12 months of the conclusion of the mediation or arbitration.

c) Provided a member union pays the first $5,000 of such costs incurred, the Defence Fund may reimburse the member union for further costs incurred, up to a maximum of $50,000 in the aggregate per collective bargaining round. The member union shall pay any additional costs incurred over $55,000. Reimbursement shall be made upon receipt by the Secretary of an itemized list of allowable expenses accompanied by receipts.

d) Mediation and Arbitration Benefits shall be paid in the form of grants to Member Unions which have been members for six months or more at the commencement of the mediation or arbitration. Members Unions which have been members for less than six months may apply for a Mediation and Arbitration Benefit as a loan to assist it with mediation and/or arbitration expenses as defined in Standing Rule and Regulations 7.3.1 (a).

e) Mediation and Arbitration Benefits paid to a member union in the form of a loan will be repaid over a period of up to one year, with an initial interest free period of six months following the payment of the benefit. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

f) Standing Rule and Regulation 7.3.1 shall be reviewed every three years, beginning in 2012.

7.3.2 Bargaining Rights Defence Benefit

a) A Bargaining Rights Defence Benefit may be provided to Member Unions which incur costs to defend bargaining rights, such as prosecuting employer actions alleged to be unfair labour practices or failure to bargain in good faith, in support of applications for legal remedies against certain types of employer action that might otherwise lead to strikes in situations where that member union has legal bargaining rights and where a collective agreement is being negotiated or renegotiated, and in legal defence against legislative actions to remove or restrict collective bargaining and/or strike rights. The decision to provide a Bargaining Rights Defence Benefit shall be made by the Board of Trustees.

b) Applications for a Bargaining Rights Defence Benefit shall normally be made before incurring the relevant expenses and should be accompanied by details of the dispute, including steps already taken to negotiate or arbitrate a solution, and the purpose and anticipated amount of the planned expenditure.

c) The value of the benefit shall be determined by the Board of Trustees.

d) Bargaining Rights Defence Benefits shall be paid in the form of grants to Member Unions which have been members for six months or more. Members Unions which have been members for less than six months may apply for a Bargaining Rights Defence Benefit as a loan to assist them with legal actions related to bargaining rights as defined in Standing Rule and Regulation 7.3.2 and subject to the same provisions.

e) Bargaining Rights Defence Benefits paid to a member union in the form of a loan will be repaid over a period of up to one year, with an initial interest free period of six months following the end of the strike. After six months, interest will be charged at the average interest rate received by the Fund on its assets during the interest free period.

7.4 Strike Support Actions

7.4.1 The Defence Fund may make funds available for actions such as sending visitors from Member Unions to demonstrate in support of a member union engaged in a strike, or other actions that may help lead to the end of the strike.

7.4.2 The decision to fund Strike Support Actions shall be made by the Board of Trustees.

7.4.3 The president or designate shall be responsible for strike support co-ordination, and shall ensure that both participants and the striking union are aware of the provisions of Standing Rule and Regulation 7.4.5.

7.4.4 The President or designate will organize visits by up to 10 trustees whose travel requires air transportation and for all trustees whose travel is by other modes (for a journey of up to three hours) for each visit. Trustees unable to attend any such visit should attempt to recruit individuals from their member union to participate. Participants will be reimbursed for reasonable expenses subject to Standing Rule and Regulation 8.3.

In consultation with the local Member Union engaged in the strike or lockout, visits will be scheduled for each of the first three weeks of the strike, normally on Fridays. Should the strike or lockout extend past three weeks, the Board of Trustees may approve additional support visits to the member union.

7.4.5 Participants are representatives of the Defence Fund for the entire time of the visit. Participants are under the authority of the striking union, its strike protocol, and its picket line captains. Criticism of the striking union is always inappropriate. Any communication with the media is permitted only at the direction of the president or strike co-ordinator of the striking union. Participants are expected to remain on duty until the day’s support has ended.

7.5 When a member union is facing a probable strike or lockout, the President shall offer to attend and address a general meeting of that member union. If the President cannot attend such meeting as it is scheduled, the President may designate another trustee.

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8. EXPENSES

8.1 The following expenses may be billed to the Secretary of the Defence Fund and will be reimbursed from the Defence Fund in accordance with Standing Rule and Regulation 8.3, and will be vetted as necessary by the President and Treasurer.

  • expenses incurred by officers and other members of the Board of Trustees while engaged in official business consistent with the purposes of the Defence Fund (SRR 1)
  • expenses of other individuals who are invited by the President to participate at any meeting of the Board of Trustees
  • expenses of those individuals requested to act on behalf of the Board of Trustees in any matter related to the Defence Fund

8.2 The Treasurer shall prepare itemized reports on expenses incurred for all meetings of the Defence Fund and for strike support visits, and all other official travel.

8.3 The allowable expenses include:

8.3.1 Hotel Costs

Each trustee will pay his or her own individual hotel bills. The Defence Fund will obtain the best rates possible, but will not pay the hotel directly. The Defence Fund will pay against completed expense account claims. For the Annual Meeting, when the Fund as negotiated a rate with the host hotel, the Fund will reimburse trustees only up to that negotiated amount. In lieu of commercial accommodations, trustees may claim a room allowance at half the applicable meeting rate.

8.3.2 Transportation

Trustees are expected to arrange their transportation and are encouraged to do so through the CAUT travel agent, WE Travel. If trustees purchase their transportation directly, the Defence Fund will reimburse fares upon receipt of the expense account claim. Participating trustees (and others) should seek the lowest appropriate fare. Trustees who have flight credits for cancelled Defence Fund business are expected to use these, within the timeframe available, for other Defence Fund business; provided they reimburse the Fund, they may also use these for travel not associated with Defence Fund activities.

8.3.3 Taxis and Car Allowances

Airport shuttles should be used whenever possible. If taxis are used, some attempt should be made at sharing. Persons using their own cars are entitled to claim a per kilometre rate that is the same as on the CAUT committee expense claim form, up to a reasonable expense.

8.3.4 Meals

Expenses for meal and incidentals shall be reimbursed at the same rate as on the CAUT committee expense claim form. However, if one or more of the meals are provided by the Defence Fund, deduct the cost as per the specified rates for those meals from the total allowance. Similarly, when travelling on Defence Fund business for only part of a day, the total allowance should again be reduced accordingly.

8.3.5 Dependent Care

Trustees whose dependents (children, the elderly, disabled, or other dependent individuals) rely upon them for care may apply for reimbursement of reasonable costs associated with providing alternate care, where the need for care arises from a trustee’s attendance at meetings of the Defence Fund or its actions or committees.

8.4 Only one expense voucher should be submitted for each trip on Defence Fund business, which should detail all allowable expenses, including hotel, meal and travel expenses. In appropriate cases, the secretary may be able to arrange "travel advances" or expedited payment.

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9. RELEASE TIME

9.1 The Defence Fund shall offer to pay the home institution of the President of the Defence Fund an amount sufficient to secure release time for the President equivalent to two one‑term courses annually or, if the President so desires, a monetary amount equivalent to one unit amount as defined by the CAUT Release Time Policy. This benefit shall be administered in a manner consistent with Clauses 4.2 to 4.3 in the CAUT Release Time Policy.

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10. DONATIONS

10.1 Donations may be made from time to time in the name of the Board of Trustees of the CAUT Defence Fund to honour the memory of a serving or recent member of the Board of Trustees or equivalent purpose. Such donations will be reported in the financial statements and must be approved by the Chairperson of the Board, the Treasurer, and the President.

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11. ANNUAL MEETING

11.1 Former Member Unions shall be invited to send an observer, at their own expense, to the Annual Meeting of Member Unions and to the Annual Meeting of the Board of Trustees that coincides with the Annual General Meeting of members.

11.2 Written reports on local bargaining from each Member Union shall be made available to Trustees in advance of the Annual Meeting.

11.3 The President shall arrange for an orientation session immediately preceding the Annual Meeting.

11.4 The Annual Meeting shall be held in unionized hotels in the cities of Toronto and Montreal in alternating years.

11.5 The Annual Meeting of the Defence Fund Member Unions and Board of Trustees (normally occurring in October) shall be scheduled for a single day.

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12. COMMUNICATIONS

12.1 Web-site
The Defence Fund shall maintain a web-site for the purpose of providing information on the CAUT Defence Fund that would be pertinent to Member Unions, trustees and any other interested parties. The President of the Defence Fund shall ensure that all information provided on the web-site is updated as expeditiously as possible.

12.2 Electronic Mailing List
The Defence Fund shall maintain a moderated electronic mailing list (listserv) for trustees and CAUT staff. The moderator shall be the President of the Defence Fund with the Defence Fund Chair acting as alternate.

The moderator shall ensure that each posting to the list:

  • comes from a trustee or CAUT staff person
  • is relevant to the business of the Defence Fund
  • does not contain information that is potentially sensitive

In case a posting contravenes one of these conditions, the moderator will contact the sender and they will jointly consider revisions to the posting. If no agreement on a revision can be reached, the moderator shall decide if the posting can be made.

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13. AGREEMENT WITH CAUT

13.1 Expenses incurred by CAUT on behalf of the Defence Fund shall be reimbursed to CAUT in accordance with the agreement in force between the Defence Fund and CAUT.

Approved by the Board of Trustees (October 2017)