1.1
Each active member shall pay fees as set out below:
1.1.1
A fee of 1.36% of gross annual salary to be allocated on the basis of 1.250% to the General Fund and 0.110% to the Defense Fund.
1.1.2
In any year, following three (3) consecutive years in which the audited financial statement shows a Defense Fund balance of less than $150 million or in any one (1) year when the Fund falls below $135 million, there shall be an additional fee of 0.2% of gross annual salary per active member to be allocated to the Defense Fund.
1.1.3
There shall be an additional fee for each active member of 0.0354% of gross salary for a political action and public relations fund to promote public education.
1.1.4
There shall be an additional fee for each active member of 0.0046% of gross salary for a humanitarian fund.
1.2
Active member fees are payable with each and every salary payment to a member. Fees must be deducted at the time salary is payable and remitted to the Federation promptly.
1.3
If no fee payment is received by the Federation in respect of a member, active membership status ceases immediately and notice that this has occurred will be forwarded to the last address provided by the member. Cessation of active membership for cessation of fee payments is subject to the following exceptions:
1.3.1
Where the Federation is satisfied that the member is on board-approved leave of absence, active membership will be continued for the duration of the leave; and
1.3.2
Where the bargaining unit member at issue is an occasional member, active membership will only cease if, after the last fee payment, no fee has been paid for 120 days.
1.4
Except as set out in 1.5 and 1.6 below, each associate member shall pay an annual fee of $100.
1.5
The following categories of associate members shall pay no fee:
1.5.1
student teachers;
1.5.2
former active members of the Federation, or its predecessors, who have been laid off and who are not employed;
1.5.3
former active members of the Federation, or its predecessors, who are on LTD and whose employment has been terminated; and
1.5.4
teachers who are on exchange from outside Ontario.
1.6
Each associate member who is retired and who is a former active member of the Federation or its predecessors shall pay an annual fee of $15.
1.7
There shall be no annual fee for an honorary life member.
SECTION 1 PRESIDENT
The duties of the president shall be:
2.1.1
to be the spokesperson for the Federation;
2.1.2
to be the official representative of the Federation and its members;
2.1.3
to be one (1) of the signing officers;
2.1.4
to be an ex-officio member of all committees;
2.1.5
to preside at meetings of the Executive, the Representative Council, and the Annual Meeting;
2.1.6
to inform and advise members and locals on issues concerning the Federation and education; and
2.1.7
to administer the affairs of the Federation between meetings of the Executive in accordance with the Constitution and Bylaws and the direction of the Executives.
SECTION 2 FIRST VICE-PRESIDENT
The duties of the first vice-president shall be:
2.2.1
in the president's absence, to assume the responsibilities of the president;
2.2.2
to be responsible for the budget;
2.2.3
to be responsible for additional duties as assigned by the president and/or Executive; and
2.2.4
to assume the role of president should the President be unable to complete their term.
SECTION 3 VICE-PRESIDENTS
The duties of the two (2) vice-presidents shall be determined by the Executive:
2.3.1
the Executive shall assign one (1) vice-president responsibility for political action;
2.3.2
the Executive shall assign one (1) vice-president responsibility for membership and public relations services; and
2.3.3
the President and/or the Executive shall assign additional responsibilities as required.
SECTION 4 EXECUTIVE
The duties of the Executive shall be to administer the affairs of the Federation between Annual Meetings in accordance with the Constitution, Bylaws, and Policies of the Federation. The duties include:
2.4.1
to meet at least six (6) times per year, at the call of the President, or on the written request of the majority of the Executive;
2.4.2
to appoint, when necessary, a successor to complete any unexpired term of an elected or appointed Federation representative;
2.4.3
to employ a General Secretary, who shall be the chief administrative officer;
2.4.4
To employ two (2) deputy general secretaries, a chief financial officer and a human resources officer, who shall be administrative officers;
2.4.5
to employ secretariat staff to carry on the work of the Federation;
2.4.6
to negotiate and ratify personal services contracts with the general secretary, the deputy general secretaries, the chief financial officer and the human resources officer;
2.4.7
to negotiate and ratify a collective agreement with the secretariat staff;
2.4.8
to ratify all other collective agreements between employees and the Federation;
2.4.9
to appoint a Personnel Committee from among its members;
2.4.10
to adopt, subject to ratification at the next Annual Meeting, interim policy and position statements with a majority vote of the Executive;
2.4.11
to appoint two (2) members of the Executive to the Selection Committee for Standing Committees, one (1) of whom shall be the chairperson of the committee;
2.4.12
to appoint two (2) members of the Executive to the Budget Committee, one (1) of whom shall be the chairperson;
2.4.13
to appoint members to task forces and work groups as required;
2.4.14
to appoint representatives to external bodies;
2.4.15
to report all appointments to standing committees, OTF Committees, and other organizations to the Annual Meeting;
2.4.16
to receive budget recommendations from the Representative Council and the Budget Committee;
2.4.17
to recommend a budget to the Annual Meeting;
2.4.18
to present to the Annual Meeting a report of the Federation’s activities undertaken during the current year;
2.4.19
to authorize legal support for members in employment-related matters;
2.4.20
to take appropriate measures of discipline against a member who contravenes the Constitution, Bylaws, or Directives of the Federation, in accordance with Article VII: Disciplinary Procedures;
2.4.21
to receive reports and recommendations from standing committees, task forces, and work groups and to forward these reports, as written, to the Representative Council or Annual Meeting as may be appropriate;
2.4.22
to receive reports from representatives of the Federation on external bodies;
2.4.23
to receive regular reports on the revenue and expenditures of the General Fund and other Federation funds;
2.4.24
to outline clearly the duties and responsibilities of the general secretary;
2.4.25
to outline clearly the duties and responsibilities of the deputy general secretaries.
2.4.26
To assume responsibility for the operation of a local by motion of the Executive:
2.4.26.1
at the written request of the president of the local to the general secretary;
2.4.26.2
at the written request of the local executive to the general secretary by motion of the local executive;
2.4.26.3
in the event of financial mismanagement of the local; or
2.4.26.4
in the event that the operation of the local is the subject of a police investigation;
2.4.27
To reinstate responsibility for the operation of a local to the executive of the local, as soon as possible, when, in the determination of the Executive, there is resolution to the matter requiring the assumption of local responsibility.
2.4.28
Employee Life Health Trust (ELHT)
2.4.28.1
to appoint the Trustees of the Employee Life and Health Trust (ELHT);
2.4.28.2
to appoint, when necessary, a successor to complete any unexpired term of a Trustee on the ELHT;
2.4.28.3
to appoint members to the LTD Plan Governance Board;
2.4.28.4
to appoint, when necessary, a successor to complete any unexpired term of a member on the LTD Plan Governance Board member.
2.5
to provide to a local the local vote results of a provincial ratification vote on a tentative Central Agreement.
3.1
An active member in good standing may be nominated to stand for elected office.
3.2
The Annual Meeting Committee shall submit to the Annual Meeting a list of nominees for the offices of:
3.2.1
President, First Vice-President, two (2) Vice-Presidents, one (1) of whom shall be a woman;
3.2.2
OTF Representative (Table Officer), who shall have teacher qualifications; and
3.2.3
Executive members, as necessary to complete the fourteen (14) member Executive;
3.2.3.1
three (3) of the positions shall be only open to women members;
3.2.3.2
one (1) of the positions shall be only open to women members who are also First Nations, Métis or Inuit (FNMI), members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members; and
3.2.3.3
one (1) of the positions shall be only open to members who are FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members.
3.3
Locals may submit nominations for all offices, in writing, to the general secretary, to be received by the provincial office on or before April 15.
3.4
Notwithstanding Section 3.3, an active member in good standing may submit their nomination for all offices, in writing, to the general secretary, to be received by the provincial office on or before April 15 provided the nomination form is signed by at least five (5) active members in good standing and there is evidence that the local president has been notified of the nomination.
3.5
The list of nominees received by April 15 shall be communicated to the membership prior to May 1.
3.6
Additional nominations for all offices must be received by the Returning Officer on nomination forms signed by five (5) accredited delegates representing at least three (3) locals no later than one half-hour before the time stated on the agenda for speeches for the position which the member is seeking.
3.7
Nothwithstanding the provisions of Section 3.6, nominees who have been unsuccessful in an election may elect to seek another position on the Executive for which they are duly qualified. A candidate must have at least 10 minutes to make that decision.
3.8
The election campaign procedures shall be reviewed by the Annual Meeting Committee and the Representative Council and approved by the Executive prior to March 1.
3.9
Nominees for election will be introduced to the delegates by the returning officer during the first session of the Annual Meeting.
3.10
Nominees for each office shall be invited to address the delegates as stated below:
3.10.1
candidates for the position of president, first vice-president, vice-presidents and OTF table officer prior to the end of the first day of the Annual Meeting; and
3.10.2
candidates for the position of executive member prior to the end of the second day of the Annual Meeting.
3.11
All elections shall be determined by secret ballot
3.12
Nothwithstanding the provisions of Section 3.11, when the number of candidates does not exceed the number of positions available, the candidate(s) shall be declared elected by acclamation without a ballot vote.
3.13
The election times shall be as stated below:
3.13.1
President, at 0915 hours of the third day of the Annual Meeting;
3.13.2
First vice-president, at 1015 hours of the third day of the Annual Meeting;
3.13.3
Two (2) vice-presidents, at 1115 hours of the third day of the Annual Meeting;
3.13.4
OTF table officer, at 1330 hours of the third day of the Annual Meeting; and
3.13.5
Executive members, at 1430 hours of the third day of the Annual Meeting.
3.14
Each candidate may appoint one (1) scrutineer to observe the counting of the ballots for that candidate's election.
3.15
The vote count for all elected positions shall be released to the delegates following each ballot and be published in the minutes of the Annual Meeting.
3.16
To be declared successful, a candidate for the office of president, first vice- president, vice-presidents, and OTF table officer must obtain a majority of the votes cast. In the case of more than two (2) nominees for any of the above stated offices, and failing a majority for any candidate on the first ballot, the count of the vote will be announced and the name of the candidate with the least number of votes shall be dropped from the second and succeeding ballots until one (1) of the candidates has a majority.
3.17
Nothing in this election process shall replace fairness. The number of ballots required to elect Executive members may necessitate a change in the time for elections.
3.18
The ballots will be destroyed by motion of the Annual Meeting immediately following the elections.
3.19
The term of office shall commence following the conclusion of the Annual Meeting and shall continue until the conclusion of an Annual Meeting at which elections are held.
3.20
The president, first vice-president, vice-presidents, general secretary and the OTF table officer shall serve as governors of OTF.
3.21
Additional governors, as required, to fulfill the Federation's complement of governors shall be elected from among the members of the Executive, by the Executive at the first Executive meeting following the Annual Meeting.
4.1
The voting members of the Annual Meeting shall consist of the following accredited delegates:
4.1.1
the Executive; and
4.1.2
representatives of the local as set out in Section 4.2 and 4.3 below.
4.2
Each local or joint local shall be allocated one (1) delegate to the Annual Meeting.
4.2.1
Notwithstanding 4.2, locals having 100 or fewer full-time equivalent (FTE) members shall have two (2) delegates to the Annual Meeting.
4.3
Additional delegates shall be generated on the basis of one (1) per one hundred and twenty full-time equivalent (120 FTE) members or major fraction thereof.
4.4
The membership of each local will be determined by the audited number of members as of June 30 of the preceding year.
4.5
In order to determine the number of delegates for the occasional teacher locals, the number of full-time equivalent (FTE) occasional teacher members shall be used.
4.6
The delegate entitlement for each local shall be forwarded to the local by December 15.
4.7
A local may choose to register alternates who may substitute for a delegate during the Annual Meeting.
4.8
A delegate representing a local shall be an active member of the local.
4.8.1
Notwithstanding 4.8, an active member may continue to represent the local as a delegate at the first Annual Meeting subsequent to the member’s retirement.
5.1
The Corporation may:
5.1.1
borrow money on the credit of the Corporation;
5.1.2
issue, sell, or pledge securities of the Corporation; and
5.1.3
charge, mortgage, hypothecate, or pledge all or any part of the real or personal property of the Corporation, including book debts, unpaid calls, rights, powers, franchises, and undertakings, to secure any securities or any money borrowed, or other debt, or any other obligation or liability of the Corporation.
6.1
A vacancy on the Executive at the position of a released officer or at the position of Executive member shall be filled within 30 days in accordance with this Bylaw.
6.2
The appointment of a member to fill a vacancy on the Executive shall be confirmed by a motion of the Executive.
6.2.1
The term of office shall commence immediately after the conclusion of the Executive meeting at which the appointment is made.
6.3
In the event there is a vacancy on the Executive at the position of a released officer or at the position of Executive member during the first year of a two-year term, the subsequent Annual Meeting shall hold an election to fill the vacancy.
6.3.1
A candidate who has been appointed by the Executive to fill a vacancy during the first year of a two-year term shall revert to the position held, if any, on the Executive prior to that appointment immediately after the conclusion of the Annual Meeting at which a member is elected to fill the vacancy.
6.4
Vacancy at the position of president and first vice-president
6.4.1
The procedure to fill a vacancy at the position of a released officer on the Executive shall be:
6.4.2
a vacancy at the position of president shall be filled by the first vice-president;
6.4.2.1
notwithstanding the above, if a vacancy at the position of president is not filled for any reason, the vacancy shall be filled by the Executive by the election of a member of the Executive in accordance with this Bylaw.
6.4.3
A vacancy at the position of first vice-president shall be filled by an election of a vice-president by a vote of the Executive.
6.4.3.1
Notwithstanding the above, if a vacancy at the position of first vice-president is not filled for any reason, the vacancy shall be filled by the Executive by the election of a member of the Executive in accordance with this Bylaw.
6.5
Vacancy at the position of vice-president and vice-president (female)
6.5.1
A vacancy at the position of vice-president shall be filled by an election of an Executive member by a vote of the Executive.
6.5.2
A vacancy in the designated vice-president position shall be open to women candidates only.
6.6
Vacancy at the position of OTF table officer
6.6.1
The procedure to fill a vacancy at the position of OTF table officer on the Executive shall be:
6.6.2
a vacancy at the position of OTF table officer shall be filled by the first vice-president;
6.6.3
notwithstanding the above, if a vacancy at the position of OTF table officer on the Executive is not filled by the first vice-president for any reason, the vacancy shall be filled by the Executive by the election of a member of the Executive in accordance with this Bylaw.
6.7
Vacancy at the position of Executive member filled by the Representative Council
6.7.1
A vacancy at the position of Executive member for the succeeding year that is known to exist at the conclusion of the election process at the Annual Meeting shall be filled at the fall Representative Council in accordance with this Bylaw.
6.7.2
A vacancy in an equity position shall be only open to designated members;
6.7.2.1
a vacancy in an equity position for women shall be only open to women members;
6.7.2.2
a vacancy in an equity position for women members who are also First Nations, Métis or Inuit (FNMI), members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members shall be only open to women members who are also FNMI members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members;
6.7.2.3
a vacancy in an equity position for members who are FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members shall be only open to members who are FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members.
6.7.3
The process for the election of an Executive member at the fall Representative Council shall be:
6.7.3.1
locals and members shall be informed of the vacancy;
6.7.3.2
nominations from locals must be received by the general secretary, in writing, on a nomination form signed by the candidate's local president, by noon on the first full-day of the fall Representative Council meeting;
6.7.3.3
additional nominations must be received by the general secretary, in writing, on a nomination form signed by three (3) Representative Council members representing at least three (3) locals by noon on the first full-day of the fall Representative Council meeting;
6.7.3.4
nominees shall be invited to address the members of the Representative Council following the close of nominations;
6.7.3.5
a secret ballot vote will be conducted;
6.7.3.6
each local will be allocated the same number of ballots as the number of delegates the local had at the immediately preceding Annual Meeting; the ballots will be distributed equally among the registered representatives and registered additional representatives of the local with any remaining ballots allocated to the local president;
6.7.3.7
to be declared successful, a nominee must receive a majority of the ballots cast;
6.7.3.8
failing a majority for any candidate on the first ballot, the count of the vote will be announced and the name of the candidate with the least number of votes shall be dropped from the second and succeeding ballots until one of the candidates has a majority;
6.7.3.9
a nominee may appoint one (1) scrutineer from among the members of the Representative Council to observe the counting of the ballots;
6.7.3.10
the ballots will be destroyed by motion of the Representative Council immediately following the election;
6.7.3.11
the term of office shall commence at the conclusion of the fall Representative Council meeting at which the selection is made and shall continue until the conclusion of the next Annual Meeting;
6.7.3.12
notwithstanding the above, if a vacancy at the position of Executive member is not filled by the election process at the fall Representative Council for any reason, the vacancy shall be filled by the Executive by the election of a member in accordance with this Bylaw.
6.8
Vacancy at the position of Executive member during the term of the Executive
6.8.1
A vacancy at the position of Executive member during the term of the Executive shall be filled by the Executive in accordance with this Bylaw.
6.8.2
A vacancy in an equity position shall be only open to designated members;
6.8.2.1
a vacancy in an equity position for women shall be only open to women members;
6.8.2.2
a vacancy in an equity position for women members who are also First Nations, Métis or Inuit (FNMI), members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members shall be only open to women members who are also FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members; and
6.8.2.3
a vacancy in an equity position for members who are FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members shall be only open to members who are FNMI, members with a disability, lesbian, gay, bisexual, transgender, intersex, queer or questioning members, two-spirit or racialized members.
6.8.3
The process for the appointment to the position of Executive member on the Executive shall be:
6.8.3.1
the position shall be offered to the unsuccessful candidate for the vacant position with the highest vote count at the most recent Annual Meeting at which elections were held; and
6.8.3.2
if the position is not filled by the unsuccessful candidate for the vacant position with the highest vote count at the most recent Annual Meeting at which elections were held the Executive shall elect a member to fill the vacancy in accordance with this Bylaw.
6.8.4
In the event there were no unsuccessful candidates for election to the vacant position at the most recent Annual Meeting at which elections were held the Executive shall elect a member to fill the vacancy in accordance with this Bylaw.
6.8.4.1
The process for the election to the position of Executive member on the Executive by the Executive shall be:
6.8.4.2
locals and members shall be notified of the vacancy on the Executive;
6.8.4.3
nominations from locals must be received by the general secretary, in writing, on a nomination form signed by the candidate’s local president;
6.8.4.4
nominations from an active member in good standing must be received by the general secretary, in writing, on a nomination form signed by at least five (5) active members in good standing and provide evidence that the candidate’s local president has been notified of the nomination;
6.8.4.5
the Executive shall elect a candidate by secret ballot from among the nominations received;
6.8.4.6
to be declared successful, a nominee must receive a majority of the ballots cast;
6.8.4.7
failing a majority for any candidate on the first ballot, the count of the vote will be announced and the name of the candidate with the least number of votes shall be dropped from the second and succeeding ballots until one of the candidates has a majority; and
6.8.4.8
the ballots will be destroyed by motion of the Executive immediately following the election.
7.1
The president or designate of each local shall be entitled, at local expense, to attend provincial Executive meetings as an observer.
8.1
A Directive shall provide direction to members on matters that affect public education or the collective bargaining rights of members.
8.2
A Directive will be established if sixty-six per cent (66%) of the registered delegates to the Annual Meeting vote in favour of the proposed Directive, provided that a notice of motion has been published to the general membership by May 1.
9.1
The formation of a consolidated local shall require that:
9.1.1
written notice regarding the possible consolidation be provided to members of the affected bargaining units;
9.1.2
a majority vote by the members of each bargaining unit be held at a general membership meeting for which members have received appropriate advance notice regarding the time, location, and agenda for the meeting;
9.1.3
a constitution for the consolidated local be made available to members prior to a vote to form a consolidated local;
9.1.4
the constitution of the consolidated local provide for designated positions on the executive of the consolidated local and designated positions for delegates to the Annual Meeting from each of the predecessor locals or bargaining units; and
9.1.5
the locals involved communicate regularly with the Executive on the status of the consolidation process.
9.2
The consolidated local shall receive:
9.2.1
a minimum of 1.0 FTE release time or release time equivalent to what would have been received by the consolidated locals or bargaining units had the consolidation not taken place, whichever is greater;
9.2.2
local rebates equivalent to what would have been received by the consolidating locals or bargaining units had the consolidation not taken place;
9.2.3
representation at the Representative Council equivalent to what would have been received by the consolidating locals or bargaining units had the consolidation not taken place; and
9.2.4
representation at the Annual Meeting equivalent to what would have been received by the consolidating locals or bargaining units had the consolidation not taken place.
10.1.1
For each central bargaining table, the Executive shall recommend a draft list of matters to be presented at the central table (central list).
10.1.2
A draft central list shall be shared at a meeting of local presidents and chief negotiators where there will be opportunity for input on the draft list and on what matters should be removed from or added to the draft central list.
10.1.2.1
Presidents may opt to approve the draft central list at this meeting in accordance with 10.1.3 or refer it for revisions.
10.1.3
If necessary, the Executive shall present a revised central list at a meeting of local presidents and chief negotiators for approval by vote of presidents present at that meeting.
10.1.3.1
Each president shall have one opportunity to vote to approve the proposed central list that relates to the central table that includes the members of the president's own bargaining unit.
10.1.3.2
Where a simple majority of the votes cast by the presidents results in the approval of the proposed central list, then that central list shall be the approved list that will be initially presented by the Central Bargaining Committee at the relevant central table.
10.1.3.3
Where a simple majority is not achieved, the Executive shall consider revisions to the central list and will present any further proposed central list at a further meeting of presidents and chief negotiators for an approval vote through the election process set out in 10.1.3.1.
SECTION 2 RATIFICATION OF CENTRAL AGREEMENTS
10.2.1
That there shall be no less than a two (2) week (14 calendar days) period between ETFO members receiving the full tentative central offer and the commencement of the all-member ratification vote on the central offer.
10.2.2
Ratification of a central Memorandum of Settlement requires a double majority vote of the active membership of the central bargaining unit that would be governed by the terms of the central Memorandum of Settlement.
10.2.2.1
The ratification vote on a central Memorandum of Settlement shall be conducted provincially, after duly-called information meetings.
10.2.2.2
The vote shall be tabulated by determining the number of votes in favour of ratification provincially and the number of votes in favour of ratification in each local.
10.2.2.3
The double majority is achieved where more than 50% of those members casting ballots vote in favour of ratification and more than 50% of all locals vote in favour of ratification. A local is considered to have voted in favour of ratification where more than 50% of the members casting ballots in that local vote in favour of ratification.
10.2.2.4
When there is an online provincial vote, the president of each local will be apprised of the number of votes cast in their local.
10.2.2.5
Each local president will be apprised of the number of votes for and against a Central Agreement in their local.
10.2.2.6
The results of all-member votes on central Memorandum of Settlements shall be broken down according to central bargaining units and this information will be reported to all local presidents.
