The TPEA has acted as an independent union since its certification on January 25, 1944.
THOMPSON PRODUCTS EMPLOYEES’ ASSOCIATION CONSTITUTION
WHERE the context requires, in the Articles of this Constitution, where the male gender is used the female gender shall also be implied. ARTICLE I This Association shall be known as the “Thompson Products Employees’ Association”. ARTICLE II The Head Office of the Association shall be in the City of St. Catharines, Ontario. ARTICLE III Objects: The Association is form and constituted:
- To establish a unity among the Association members of the Company in order to regulate relations between Employer and Association members on matters relating to wages, hours of work, and other working conditions.
- To obtain and maintain a Collective Agreement between the Company and the Association by bargaining collectively through the Association on behalf of members of the Association.
- To improve the sanitary and working conditions of employment within the Company, to encourage education, social, recreational and all matters pertaining to the welfare and advancement of the members; and, when necessary, placing or bringing such matters before the Management of the Company so that Management –Employee relations and the general welfare of the members may be improved. Or, if these fail to establish justice for the workers under the jurisdiction of this union, to advocate and support strike action.
ARTICLE IV Membership: All employees of THK Rhythm Automotive, whose job is covered by the Collective Agreement between the Company and the Association, must become a member of the Association.
- Membership in the Association will be obtained by the signing of an application care, and the payment of an initiation fee of $10.00. This fee will apply to all persons who become new members after the effective date of this constitution.
- New employees with the Company shall be represented by the Association during there probationary period.
- Every applicant shall sign a membership card of the Association agreeing to join with the other employees, who are members of the Association in bargaining collectively, through the Association with the Company and to abide by the constitution and to comply with the rules, regulations and by-laws thereof.
- It shall be the duty of every member to report immediately to his representative any and all violations of the Collective Agreement, constitution, by-laws and rules of the Association.
- Subject to the order of the President or Chairperson of the meeting, only members in good standing will be allowed to attend meetings, and membership cards will be shown to the door person if they so request.
- Any member may be rejected from a meeting for good reason.
- Membership shall be automatically terminated upon any member ceasing to be an employee of TRW Canada Ltd., unless otherwise covered by the Collective Agreement.
ARTICLE V DUES:
- Association dues for new members will be assessed from date of hire.
- Each member shall pay the regular monthly dues as decided upon from time to time by the Executive. Any motion to change the dues structure, or amount, will be voted upon in an in-plant vote by the membership and will require a simple majority for passage. Refer to Article XII, Section 17.
- The Executive Board is empowered to establish and maintain a Strike Fund. The Fund will be maintained in the care of Chartered Bank, Credit Union or Trust Company and will be supervised pursuant to Article VII – Section 7. The contributions to this Fund will be determined at a membership meeting. The monies in the Strike Fund (both capital and interest) will be used for strike or strike related activities. However, the monies in the Strike Fund (both capital and interest) may be used for any other purposes if the Executive Board deems it necessary, BUT subject to the prior approval of the membership.
- Any member absent and in receipt of Weekly Indemnity or Workers’ Compensation shall be allowed to vote on all matters pertaining to the T.P.E.A. and on his return to work shall pay all dues in arrears: dues will be assessed for a maximum of one year only.
- Any member who is on lay-off shall pay dues in accordance with Article V, Section 2 above; dues will be assessed for a maximum of one year only.
- Any request for dues overpayment reimbursement must be submitted to the office secretary no later than (90) calendar days from date of returning to work. The Association will not honor any claims after the above mentioned time limit.
- Any member absent because of leave of absence shall be allowed to vote on all matters pertaining to the T.P.E.A. and on his return to work shall pay all dues in arrears.
ARTICLE VI Executive Board and Officers:
- The affairs of the Association shall be managed by an Executive Board consisting of:
- The President
- The Vice President
- A person to represent each department of THK Rhythm automotice Canada, as defined in Article XII, Section 18, (or as determined by the Executive Board) who shall be known as the Unit Executive Board Directors.
- The 2nd Vice-President shall be elected by the Executive Board from amongst its members at the first meeting of the Executive Board.
- The President, 1st Vice-President , 2nd Vice President and the Executive Board of Directors shall remain in office until their successors are elected.
- The President may in the absence of the Vice President- Recording Secretary/Treasurer and 2nd Vice President may appoint a board member to temporarily fill the position
- The office secretary shall be a paid employee of the Association and as such shall not be entitled to vote on any questions either at meetings of the Executive Board or at General or Special meetings of the Association.
- Any disciplinary action, such as suspension, termination or hiring of a secretary, as well as all matters dealing with compensation of that office shall be done with the majority approval of the Executive Board. This will also apply to any paid employee of the Association.
- The affairs of the Association shall be managed by an Executive Board consisting of:
- With the exception of the 1st Vice-President and the 2nd Vice-President no person shall hold more that one of the elected offices at any one time (as outlined in Article XII, Section 18). The above officer may hold more than one of these offices only while acting as temporary President.
ARTICLE VII Duties of the President:
- The President shall preside at all meetings of the Association and of the Executive Board and enforce a due observance of the by-laws, rules and constitution, OR at his discretion appoint someone from the membership to act as Chairman at General or Annual meetings only, such person will assume the same responsibilities as outlined above.
- The President shall convene all Special meetings of the Association and Executive Board, save as here-in after specifically excepted.
- The President and the Recording Secretary/Treasurer shall sign all orders and cheques of the Association.
- The President shall present the Financial Yearly Audit to the Executive at the next Executive Meeting immediately following receipt of the annual audit.
- Where an emergency arises in relation to the business of the Association, which requires prompt action, the power to provide for the same shall be vested in and exercised by the President, subject, however, to charges and impeachments for any abuse of this right.
- The President may in the absence of any officer call upon any Director to act as such temporarily until the Association has dealt with the matter.
- The President shall not vote upon questions which arise whether at meetings of the Executive Board or at General or Special meetings of the Association, save in the case of a tie vote, when he shall then cast the deciding vote.
- The President shall be entitled to vote at Presidential/Vice-Presidential and Unit Representative elections. For Unit Representative elections. For Unit Representative he shall vote in the department where his recall rights are.
- The President shall be generally responsible for the banking affairs of the Association, and particularly shall deposit all monies which are received to the credit of the Association, in some Chartered Bank or Credit Union approved by the Executive Board.
- In the event that a Director is not working as a result of illness, leave of absence or suspension and has not returned to work after fifteen (15) working days, the President shall, subject to approval of the Executive Board, appoint a temporary substitute to the Board from the unit represented by the Director who is not working to hold office for the remainder of the term or until the Director replaced returns to work.
ARTICLE VIII Duties of the Vice-President:
- The Vice-President shall in the absence of the President perform all duties of that officer.
- The Vice-President shall be responsible for the duties of Recording Secretary and Treasurer as stated in Article IX of the Constitution
- The 2nd Vice-President shall in the absence of the Vice-President perform all duties of that officer.
ARTICLE IX Duties of the Recording Secretary/Treasurer:
- The Vice President shall be responsible for the duties of Recording Secretary and Treasurer
- The Recording Secretary and Treasurer shall pay all accounts passed by the Executive Board of the Association for payment. It shall be the Recording Secretary and Treasurer’s duty to countersign all cheques with the President.
- It will be the Recording Secretary/Treasurer’s duty to check, on behalf of the Association members, all books, finances, etc., that the Association or Executive Board might have, which deal with finances of the Association. The Recording Secretary and Treasurer shall check the above records at the end of every month and submit a written report to the President of the Association.
- The Recording Secretary and Treasurer’s duty to check, on behalf of the Association members, all books, finances, etc., that the Association or Executive Board might have, which deal with the finances of the Association.
- The Recording Secretary and Treasurer shall deliver the books at the end of May into the hands of the Association, at their request. No private copies are to be taken out of the office without the consent of the President.
ARTICLE X Duties of the Executive Board:
- The Board shall, at its first meeting, adopt rules for its own government consistent with the constitution and by-laws. A majority of the Board shall constitute a quorum.
- The Executive shall consider and have power to act in all matters of the Association.
- When the Office of a Director, President or Vice-President becomes vacant for any reason other than that covered in Article VII, Section 8, The Executive shall set a date for the election of a new Director to fill the vacancy. This date shall be the first Tuesday immediately after fifteen (15) working days have elapsed from the time the Director vacated office.
- The Executive shall act as the duly authorized representative of the employees of THK Rhythm Automotive Canada, in matters of general concern regarding their employment with the Company and when acting as such it shall be known as the Thompson Products Employees’ Association.
- The Executive Board shall meet as such times as the President, or failing him, the Vice-President acting in his place, may deem necessary. These meetings shall be in addition to the General Meeting and will be held for the sole purpose of discussing important Association business.
- The Directors may appoint such committees from among the members for such purpose as they may from time to time determine.
- Each Director of the Executive Board must serve on at least one committee. Should any Director not be serving on a committee the President shall have the power to remove a Director who has 2 or more committees from one of them and assign that opening to the Director who has none. Such change must be done with the majority approval of the Executive Board.
- If for any reason the Executive Board doesn’t approve the committee change as outlined in Article X, Section 6 (b) the President will assume the sole responsibility and must place the Director without a committee on one as outlined in the above Section 6 (b).
- The Executive Board is authorized to negotiate any renewal of any Collective Bargaining Agreement between the Association and the Company, but any proposed agreement must be ratified by the membership in accordance with the constitution. During the period of a Collective Bargaining Agreement the Executive Board is empowered, subject to the prior approval of the membership to amend or modify the Agreement.
- A special Membership Meeting may be called by the Executive Board for the purpose of voting on a mandate for strike. This special meeting will be called in accordance with Article VII, Section 2 hereof and the vote will be by secret ballot. A strike mandate will be given to the Executive Board if a majority of the ballots cast at the special meeting are in favour of the mandate. If such a strike mandate is given, the Executive Board will determine the date upon which the strike will commence.
ARTICLE XI Meetings:
- General Meetings of the Associations shall be held at such place, at such hour, as shall be announced by the Executive Board at least one (1) week prior to each such meeting,
- A Pre-contract General Meeting will be held prior to the start of negotiations (this meeting is to be held on a Sunday).
- The Annual Meeting of the Association shall be held on the last Sunday of January each year, at such place and time as may be decided upon by the Executive.
- When the Executive Board and the Company have arrived at any tentative Agreement with respect to the terms of Collective Bargaining, the Executive Board will call Membership meeting, being a Pre-ratification Meeting, for the purpose of explaining the terms of the proposed Agreement to the membership. Such meeting shall be held on either a Saturday or a Sunday and shall not be held on Company property. No vote on the proposed Agreement shall be taken at such meeting and not less than five (5) normal working days no more than seven (7) normal working days of such Pre-ratification Meeting there shall be a membership vote to accept or reject the proposed Agreement. Should the membership be on strike when a tentative Agreement is reached the above mentioned meeting and vote may be held together and as soon as possible after the tentative Agreement is reached.
- Doorman: A doorman shall be chosen by Meetings Committee to attend at the door at all meetings of the Association making sure that only members in good standing are allowed to enter, but subject however to permission from the Chairman for such unqualified members to enter as he may designate.
ARTICLE XII Elections:
- The election of the President/Vice President shall be held on the first (1st) Tuesday in April, and shall be considered a primary if more than two candidates run for the office of President/Vice President of the Association. Note: the President and the Vice President shall run on the same ballot as running mates for their respective office. The final election, if necessary, shall be held seven (7) calendar days after the primary election. The election of Directors shall be held on the first (1st) Tuesday in May, and shall be considered a primary in departments where more than two (2) candidates run for Unit Executive Board Director of the Association. The final election, if necessary, shall be held seven (7) calendar days after the primary election. Note: the Vice President elected will not assume his office until all elections for Unit Representative have been completed (this applies to the elections for 2016).
- In the event that negotiations for a Collective Agreement with the Company coincide with elections for the Executive Board of the Association, the elections shall be cancelled, and the following elections shall take place. The primary election for the President and Vice President shall be on the first (1st) Tuesday in November, and the final election, if necessary, shall be seven (7) calendar days following the primary election. The primary election for the Directors shall be on the third (3rd) Tuesday in November, and the final election, if necessary, shall be seven (7) calendar days following the primary election.
- An advance poll for the election of the President/Vice President shall be held on the Thursday prior to the election date whether it be a primary or final election.
- An advance poll for the election of the Unit Executive Board Directors shall be held on the Thursday prior to election date, whether it be a primary or final election.
- Any member requesting to cast their ballot in the advance poll must give valid proof as to why they are unable to vote in the regular election to the Election Committee, if they so request, before any member is allowed to vote in the advance poll.
- Any decision as to whether a member may or may not vote in the advance poll rest solely with the Election Committee and no one else.
- To be eligible for nomination for President and Vice President or Unit Representative an employee must have worked for TRW Canada Limited which is now THK Rhythm Automotive Canada., been covered by the Collective Agreement, and been a member in good standing of the Association for two (2) years immediately prior to his nomination.
- Members who are temporarily transferred or displaced to departments other than their own at the time of election may only run for Unit Representative in the department where their recall rights are.
- The person who receives the votes relating to the greatest number of ballots cast shall be deemed to be the person elected.
- The Unit Representative so elected shall form the Executive Board of the Association for the ensuing one (1) and two (2) year terms and the President so elected shall be President of the Association for the ensuing one (1) and two (2) year terms (this applies to the Vice President also) or until their successors are elected. The two (2) year term will commence the year preceding the expiry date of the Collective Agreement between the Company and the Association.
- The Polling Clerks shall be appointed by the Election Committee, subject to the approval of the Executive Board, to conduct the election of Representatives and the election of the President, and any other vote concerning the membership. The Polling Clerks shall consist of persons who are neither members of, nor candidates for the Executive Board. It shall be the Election Committee’s responsibility to formulate the rules to be observed for the election, and to have these rules in the hands of the Polling Clerks not less than seven (7) days before the voting and assure that these rules are posted on the Association’s bulletin boards not less than five (5) days before voting.
- Should any dispute arise over the rules as outlined in Article XII (5a) then the electoral procedure as outlined in the municipal elections act shall be deemed to be the ruling authority.
- An election by secret ballot will be held from among those qualifying under Article XII, Section 20 hereof and signifying their intention of running for the Presidency and Vice Presidency for the next term.
- An election by secret ballot will be held from among those qualifying under Section 2(a) hereof and signifying their intention of running for the office of Unit Representative for the next term.
- In any election if there is a tie vote only the candidates who have tied shall be eligible for a second election.
- Every member in good standing of the Association shall have the right to cast a ballot for the office of President and Vice President, however, only members with recall rights, outlined in Collective Agreement , in the departments outlined in Article Twelve (12) section eighteen (18) shall vote for the Unit Representative from the department only. The President and Vice President will also have the right to vote for Unit Representative in the department where his recall rights are. Members who have exercised a permanent disability displacement as per the Collective Agreement will vote for Unit Representative in the department the member is displaced into.
- Nominations for the office of President and Vice President of the Association will open on the third (3rd) Monday in March, prior to election day for President and will close on the Friday of that week.
- Nominations for the offices of Unit Executive Board Director will open on the third (3rd) Monday in April and close on the Friday of that week.
- Any member who is on lay-off shall be entitled to run for office or take part in any vote respecting any business concerning the Association.
- Any member who is on layoff for twelve consecutive months or longer, immediately preceding any vote or election, shall not be entitled to run for office or take part in any vote respecting any business concerning the Association. Members shall retain voting rights and the right to run for office for one year (52 weeks) from the date of their layoff.
- Any member absent and in receipt of Weekly Indemnity, Long Term Disability or Workers’ Compensation shall be allowed to vote on all matters pertaining to the T.P.E.A.
- Any member absent because of leave of absence shall be allowed to vote on all matters pertaining to the T.P.E.A.
- The tenure of President and Vice President or Unit Executive Board Representative shall be terminated upon his death, resignation or when he ceases to be employed by THK Rhythm Automotice Canada. A vacancy in any of these offices shall be temporarily filled by the Executive board subject to an election being held for that office fifteen (15) working days after the vacancy occurs.
- To be eligible to vote employees must be members, in good standing, of the Association and who have served their probationary period with the Company (as outlined in the current Collective Labour Agreement).
- For the purpose of any election or vote requiring a Yes or No decision, more than fifty (50) percent of the ballots cast will constitute a majority.
- A representative from each of the following departments shall be elected by the members of such departments to sit on the Executive Board and shall be called Unit Executive Board Directors. The Executive Board may with the majority of the Executive Board, alter such departments, as the circumstances require.
- Forge Shop – Heavy Forge, Cut-off, Heavy Forge Lift Truck Operator Plant 1
- Forge Shop – Light Forge – Tocco, Heat Treat, Cold Trim, Sandblast, Upsetters, Magnaflux Operators, Erie Press, Headers
- Maintenance Plant I and II, Stationary Engineers, Oilers, Metal Working Fluid Technician
- General Service, Machine Tank Cleaners, Office Cleaners, General Pool Labourer, Inspection Plant 1 & II, Shipping and Receiving, Steel Stores Warehouse, Stockroom
- Front End Assembly
- Front End Machining
- Ford Line
- Toolroom, Toolroom Welders, Tool Crib
- The term of office for President and Unit Executive Board Directors shall be for one and two years respectively with the two year term commencing the last year of the contract.
- To be eligible for nomination for the Office of President of the Association the candidate must be a member of the Association. In the event that there are more than two candidates running for the office of President of the Association or that there are more than two candidates in any of the departments, running for the Office of Unit Executive Board Director of their respective departments, the two persons receiving the greater number of votes from the primary election [defined in ARTICLE XII ELECTIONS 1 (a)]. The final election shall not be held if one of the candidates in the primary election receives a majority of the votes cast (50% + 1).
ARTICLE XIII Alterations and Amendments:
- All motions to repeal, alter, add to or amend any of the foregoing articles of this constitution or its by-laws must be made in writing thirty (30) days before the Annual Meeting and in the hands of the Recording Secretary/Treasurer before the action can be taken there-on, this notice shall contain the names of mover and the seconder as well as the intent, the mover shall be permitted to change the wording to reflect the intent. Such change must be signed by the original mover and seconder; otherwise the original motion shall stand. No changes shall be permitted to a motion after a vote has been taken. The mover and seconder must attend the Annual Meeting. The mover and seconder will rise and present the motion and address all questions from the Membership. Non-attendance of both mover and seconder will deem the motion withdrawn.
- At the Annual Meeting the Executive Board shall, subject to the approval of those present at the meeting, set the date on which a vote will be held on the motions presented in accordance with this article to repeal, alter or amend any of the articles of the constitution or its by-laws. A vote will be held by a show of hands at the meeting, to decide which motion(s)will be voted on by secret ballot. In the event that there is more than on (1) motion which deals with the same article and section, a second vote will be held to decide which motion will be voted on by secret ballot. In the event that more than one (1) motion is submitted which deals with the same article and section, a vote shall be held by a show of hands at the meeting, to decide which motion to amend will be voted on by secret ballot. A vote by secret ballot will then by held, on or about, or near the premises of the employer, respecting any motion to repeal, alter or amend the articles of the constitution. This vote will be held not less that five (5) nor more than seven (7) working days after the Annual Meeting.
- Any motion to repeal, alter, add to or amend any of the articles of this constitution shall be deemed to be approved if more than fifty percent (50%) of all votes cast are in favour of such changes. Refer back to Article XII (17).
ARTICLE XIV Dissolution: The Association shall not at any time be dissolved without obtaining the votes or written consent of 51% of the then existing members in good standing, and that when its dissolution shall be determined upon the intended appropriation division of the funds of the Association shall be fairly and distinctly stated in the proposed plan of dissolution prior to such assent being given. ARTICLE XV Quorum:
- Twenty-Five members (excluding Executive Board Directors present in person shall constitute a quorum for the transaction of business at any meeting of the membership.
- A majority of Directors present in person shall constitute a quorum for the transaction of business at any meeting of the Executive Board.
RULES OF ORDER OF THOMPSON PRODUCTS EMPLOYEES ASSOCIATION Section 1: The President having taken the Chair will call the meeting to order and direct all other officers to take their respective places. Section 2: The President shall then direct that the minutes of the last meeting be read, and any business arising there-from shall then be dealt with. Section 3: Any new Association business which shall arise during the time subsequent to the last meeting of the Association shall then be deal with. Section 4: The meeting will then be thrown open for discussion of any business pertaining to the Association which has not been dealt with previously in the meeting. Section 5: When a member intends to speak on a question he shall rise, ask the Chair for recognition, and when he has received the same, confine himself to the business at hand and avoid personalities. Other members wishing to speak on this question will wait until the first member has finished and has resumed his seat. Section 6: No question shall be entertained unless, moved by two members, not open for consideration until stated by the Chair. If possible, the Chairman shall refer the matter to the representative in whose department the question has arisen. Section 7: When a question is before the meeting no motion shall be received except to adjourn, to lay on the table, to postpone to a particular time, to postpone indefinitely or to amend; which several motions shall have precedence in the order in which they are named; the first four to be decided without debate. Section 8: When a question has been postponed indefinitely it shall not be acted upon again unless by a two-thirds vote of the members present. Section 9: The President shall call for a vote of the members to decide any important questions which may arise at the Association Meeting, and they shall be determined by a majority vote of the members present. Section 10: No member shall speak more than twice on the same question or more than once until all others have had an opportunity or for more than five minutes, unless by special permission of the President. Section 11: The President, while presiding, shall state every question coming before the meeting, and immediately before putting it to a vote shall ask “Is the meeting ready for the question?”. Should no member rise to speak he shall rise to state the question, and after he has risen no member shall speak upon it unless by consent of the President. He shall pronounce the votes and decisions of the meeting on all subjects. If his decision has been appealed from, the question shall be stated thus; “Will the meeting sustain the Chair in its decision?”; which appeal must be decided without debate by a majority vote of the members present. Section 12: A member maybe called to order while speaking when the debate must be suspended and the member take his seat until the question or order is decided. Section 13: The President may speak to points of order in preference to others and shall decide questions of order. Any member may appeal to the meeting, which appeal must be decided without debate, and objectionable words shall, if required, be taken down in writing. Section 14: After a motion or resolution has been stated by the Chair, or read by the Secretary-Treasurer, it may be with-drawn before a decision of amendment by consent of the meeting, which appeal must be decided without debate, and objectionable words shall, if required, be taken down in writing. Section 15: Every motion shall be reduced to writing should the Chair or Secretary-Treasurer so desire. Section 16: An amendment to amendment is in order, but none further. Section 17: No question shall be put, or a vote taken, while a member is speaking. Section 18: All Special committees shall be appointed by the Executive Board unless otherwise ordered or provided for. Section 19: All reports of Special or Standing Committees must be made in writing to the meeting unless otherwise ordered or provided for. Section 20: All rules of order not herein provided for shall be governed by parliamentary usages. In case any matter shall at any time arise not provided for in these rules, or any doubt arise as to the interpretation of these rules, the same shall be determined by the Executive Board whose decision shall be final. Section 21: Any of these rules may be added to, altered, repealed, or suspended at any regular or special meeting of the members by a majority vote of the members present, provided the notice convening such meeting has stated the nature of the change to be voted upon. Section 22: Ignorance of the rules and by-laws shall be no excuse for their violation. Section 23: If any rules are not covered in this section, Roberts Rules of Order will prevail. ARTICLE XVI Vote by Proxy:
- A vote, by proxy can be exercised when a regular employee is unavailable on the said day of vote.
- A regular employee may elect to choose another regular employee with voting rights to act as his proxy.
- An employee cannot be proxy to more than one employee at any given time.
- Employees requesting a proxy vote, can do so by requesting a proxy form available at the Association (TPEA) office.
- Request for proxy must be done up to 24 hours before the vote.
- On the day of the vote, the proxy will submit the said form to the scrutineer, and in turn, will receive a ballot for the absent employee.
- It will, then, become the duty of the proxy to cast a vote subject to the wish of the absent employee
ARTICLE XVII Non-Confidence Vote
- A non-confidence vote regarding Unit Executive Board directors shall be required if 75% of all members, who are represented by the Unit Executive Board Director, have signed a petition of non-confidence.
- A non confidence vote regarding the President shall be required if 75% of all members have signed a petition of non confidence.
- A non confidence vote regarding the Vice President shall be required if 75% of all members have signed a petition of non confidence.
- The petition must be handed to a Unit Executive Board who is not named in the petition. Upon receipt of the petition, the person must notify the President and the named Unit Executive Board Director immediately. The President shall then order a non confidence vote which shall be held within fifteen (15) working days from the date of receipt of the petition. The non confidence vote shall be passed if more than 50% of all ballots cast are in favour.
- Should the non confidence vote be passed, an election for Unit Executive Board Director, President and Vice President shall be held within fifteen (15) working days subject to Article XII, Elections.