Constitution of the Elementary Teachers’ Federation of Ontario-Niagara Local
Amended May 2024
Definitions:
- “Federation shall mean the Provincial Elementary Teachers’ Federation of Ontario
- “Local” shall mean ETFO Niagara Teacher Local
ARTICLE I – NAME
1.1 This organization shall be known as the “Elementary Teachers’ Federation of Ontario – Niagara Local”.
ARTICLE II – JURISDICTION
2.1 ETFO Niagara Local is a member of the Elementary Teachers’ Federation of Ontario.
2.2 The boundary of ETFO Niagara Local is coterminous with those of the District School Board of Niagara.
ARTICLE III – OBJECTS
ARTICLE IV – MEMBERSHIP
Section 1 – Active Membership
4.1 Members shall be all public elementary school teachers who are covered by the collective agreement between the Local and the District School Board of Niagara.
Section 2 – Associate Membership
4.2 Associate members of the Local are those members whose application has been approved by the Local Executive, and approved by the Federation Executive, and who have paid the annual fee in accordance with the Federation bylaws.
Associate membership may include:
4.2.1 members of other affiliates of OTF;
4.2.2 teachers employed in private schools, provincial schools, or federal government schools;
4.2.3 individuals employed as supervisory officers;
4.2.4 employees of the Federation;
4.2.5 teachers employed at a college or university;
4.2.6 former members or persons engaged in a professional capacity related to education;
4.2.7 former members, in good standing, who are currently not employed by a school board;
4.2.8 former members, in good standing, who have been declared redundant, and are not yet employed by a school board. This membership shall be held without cost for a period of two years;
4.2.9 former members who were on LTD, and whose contract with an employer has been terminated. This membership shall only be held for two years;
4.2.10 exchange teachers employed as an elementary teacher by a public school board;
4.2.11 retired members who were members of the Federation, or its predecessors; and
4.2.12 students attending a teacher education institution.
Section 3 Honorary Life Membership
4.3.1 Honorary life membership may be granted to retired members of the ETFO Niagara Teacher Local.
4.3.2 Honorary life membership shall be granted per established procedures.
ARTICLE V – RIGHTS AND PRIVILEGES OF MEMBERSHIP
Section 1 – Rights and Privileges of Active Membership
5.1.1 An active member shall have full rights, privileges, and responsibilities of membership in the Federation unless limited by disciplinary action taken in accordance with Article VII of the Federation Constitution.
5.1.2 The rights of active members shall be:
5.1.2.1 to hold office in the Local and in the Federation;
5.1.2.2 to attend General Meetings of the Local;
5.1.2.3 to attend Executive Meetings of the Local;
5.1.2.4 to participate and vote on the ratification of the collective bargaining preliminary submission;
5.1.2.5 to participate and vote on the ratification of the Collective Agreement;
5.1.2.6 to participate in the ratification of an all-membership vote on Local Assessments as per Article 3.03 of the Collective Agreement between ETFO Niagara and the District School Board of Niagara;
5.1.2.7 to participate and vote in any general membership votes;
5.1.2.8 to request Local support through the grievance process;
5.1.2.9 to request Local support in any problem directly related to professional duties; and
5.1.2.10 to participate in Local committees, or task forces as directed by the Executive.
Section 2 – Local Assessments
5.2.1 That in order to adopt, amend, or rescind any Local Assessment, as per Article 3.03 of the Collective Agreement between ETFO Niagara and the District School Board of Niagara, an all-membership vote shall be conducted either via an online vote or in-school vote.
5.2.2 Such an all-membership vote shall be initiated only by a general business motion approved at an ETFO Niagara General Meeting.
5.2.3 The ratification of such an all-membership vote shall be by a simple majority, which is defined as a majority in which the highest number of votes cast for any one candidate exceeds the second-highest number.
Section 3 – Rights and Privileges of Associate Membership
5.3.1 An associate member may:
5.3.1.1 attend, by invitation, Local functions in a non-voting capacity;
5.3.1.2 receive such Local communications, as the Local desires;
5.3.1.3 serve on Local committees and task forces, as the Local decides.
Section 4 Rights and Privileges of Honorary Life Membership
5.4.1 The rights of an honorary life member shall be:
5.4.1.1 to attend ETFO Niagara Teacher Local functions in a non-voting capacity;
5.4.1.2 to serve, by invitation, on ETFO Niagara Teacher Local committees.
ARTICLE VI – LOCAL ORGANIZATION
Section 1 – Local Executive
6.1.1 The Local Executive shall include the following positions:
6.1.1.1 President;
6.1.1.2 two Vice-Presidents;
6.1.1.3 Secretary;
6.1.1.4 Treasurer;
6.1.1.5 Health and Safety Chair;
6.1.1.6 Status of Women Chair – designated as a woman position;
6.1.1.7 Equity & Social Justice Chair;
6.1.1.8 Political Action Chair;
6.1.1.9 Public Relations Chair;
6.1.1.10 Professional Development Chair;
6.1.1.11 Social Chair;
6.1.1.12 New Members Committee Chair – must be held by a teacher within their first 5 years of teaching; and
6.1.1.13 Three (3) Executive Members at Large.
6.1.2 One Vice Presidency will be designated as a woman-only position.
6.1.3 The Executive of the Local shall be elected every two years, through electronic voting or in-school voting, to be completed prior to June 1st, as per Article IX, Section 3 –Election Procedures.
6.1.4 The term of office for the Executive shall be for two years.
6.1.5 The Executive shall take office on July 1st.
Section 2 – Committees
6.2.1 There shall be the following standing committees:
6.2.1.1 Collective Bargaining
6.2.1.2 Status of Women
6.2.1.3 Equity and Social Justice
6.2.1.4 Political Action
6.2.1.5 Public Relations
6.2.1.6 Professional Development
6.2.1.7 Social
6.2.1.8 Health and Safety
6.2.1.9 New Members
6.2.2 There shall be Pro tem committees, i.e. Resolutions, Budget, Elections, and Annual General Meeting, to facilitate the annual resolutions; Budget, Elections, and General Meetings of the Local.
6.2.3 Other ad hoc committees/task forces required to carry out the work of the Local may be established by the Executive or by a General Meeting as necessary.
Section 3 – Programs for Women
6.3.1 There shall be guaranteed programmes for women.
6.3.2 Funds shall be allocated for programmes for women.
6.3.3 The budget process for programmes for women shall be approved as part of the annual Local budget process.
6.3.4 The chair of the Status of Women committee shall be a guaranteed position for women.
ARTICLE VII – ORGANIZATIONAL DUTIES
The Local, its officers, and committees, shall carry out their duties and responsibilities in accordance with both the Local and ETFO policies, procedures, and resolutions passed at the Local General Meeting.
Section 1 – Duties of the Executive
The Executive shall:
7.1.1 uphold the constitution, bylaws, and policies of the Elementary Teachers’ Federation of Ontario;
7.1.2 execute the business of the Local in accordance with the constitution and the decisions of General Meetings of the Local;
7.1.3 be responsible for developing and maintaining the policies and operating procedures of the Local, to be outlined in the Executive Handbook.
7.1.4 hold at least six regular Executive Meetings;
7.1.5 hold an Executive Meeting at the call of the President;
7.1.6 receive a financial report at each Executive Meeting;
7.1.7 develop an investment policy;
7.1.8 employ staff to carry out the work of the Local, as needed;
7.1.9 appoint at least four signing officers of the Local;
7.1.10 forward to the provincial office by September 30th of each year the annual audited financial statement;
7.1.11 forward to the provincial office, each year, the Annual Report of the Local;
7.1.12 recommend members for all Local standing and Pro tem committees;
7.1.13 appoint members, and develop terms of reference for ad hoc committees;
7.1.14 appoint, when necessary, a successor to complete any unexpired term of an elected, or an appointed Local representative;
7.1.15 may declare the member’s position vacant in the event of the absence of the member for three meetings and fill the vacancy according to Article 7.1.14;
7.1.16 recommend to the Annual General Meeting the appointment of the auditors;
7.1.17 appoint a parliamentarian to chair the Annual General Meeting.
Section 2 – Duties of the Officers
7.2.1 The duties of the President shall be:
7.2.1.1 to be the spokesperson of the Federation;
7.2.1.2 to be the official representative of the Federation and its members;
7.2.1.3 to be one of the signing officers;
7.2.1.4 to be an ex-officio member of all committees;
7.2.1.5 to preside at meetings of the Executive and General Membership Meetings, except in an election year in which they are running;
7.2.1.6 to inform and advise members of the Local on issues;
7.2.1.7 serve as Chair of the Collective Bargaining Committee as per the ETFO Niagara CBC Terms of Reference 6.01b);
7.2.1.8 to call special meetings at the request of the majority of the Executive; and
7.2.1.9 to be responsible for the Annual Report of Local activities during their term in office.
7.2.2 The duties of the two Vice Presidents shall be determined by the Executive.
7.2.2.1 In the President’s absence, one Vice-President will assume the responsibilities of the President as assigned by the President and/or Executive.
7.2.2.2 The Executive shall assign one Vice-President responsibility for chairing the Budget Committee.
7.2.2.3 The Executive shall assign one Vice-President the responsibility of chairing the Resolutions Committee.
7.2.2.4 In the absence of the President, either of the Vice-Presidents may act as one of the signing officers.
7.2.2.5 Vice-Presidents will be responsible for additional duties as assigned by the President and/or the Executive.
7.2.2.6 Make a financial report to each Executive meeting;
7.2.2.7 Report on investments with each financial report;
7.2.2.8 Forward the Annual Audited Financial Statement of the Local to the provincial office of the Federation by September 30th;
7.2.2.9 Authorize the deposit of all monies received on behalf of the Local in a chartered bank, in the name of ETFO Niagara;
7.2.2.10 Supervise the payment of all accounts and expenses, incurred by the Local;
7.2.2.11 Carry out the directives of the Executive and/or members;
7.2.2.12 Present the results of the audited report to the membership;
7.2.2.13 If the position of president is vacated, one of the two vice presidents will assume the role of president for the duration of the term. If the vacancy occurs with more than a year left in the term (prior to July 1st of a non-election year), there will be a by-election as per Article 9.3.9;
7.2.2.14 to serve on the Collective Bargaining Committee and one Vice-President to serve as Chief Negotiator as per the ETFO Niagara CBC Terms of Reference 6.01b).
7.2.3 The duties of the Treasurer shall be:
7.2.3.1 to ensure that accurate and detailed financial records of the Local are based on the Local fiscal year, July 1st to June 30th;
7.2.3.2 to assist the Vice-President in charge of Finance in preparing materials for the annual audit;
7.2.3.3 to act as one of the signing officers; and
7.2.3.4 to serve on the Local Budget Committee.
7.2.4 The duties of the Secretary shall be:
7.2.4.1 to maintain accurate records of all meetings of the Local;
7.2.4.2 to record the minutes of all Executive and General Meetings; and
7.2.4.3 to prepare and circulate the minutes of all Executive and General Meetings.
Section 3 – Duties of Committees
7.3.1 Committees/task forces are responsible to the Local Executive, to be defined in the Executive Handbook.
ARTICLE VIII – MEETINGS
Section 1 – Executive Meetings
8.1.1 There shall be at least six (6) Executive meetings each year.
8.1.2 A quorum for Executive meetings shall be more than half of the Executive.
8.1.3 The official authority for conducting all Local meetings shall be the current edition of Robert’s Rules of Order.
Section 2 – General Meetings
8.2.1 There shall be at least three (3) General Meetings each year, at the call of the Executive.
8.2.2 A General Meeting shall:
8.2.2.1 appoint an auditor for the next year;
8.2.2.2 receive financial statements;
8.2.2.3 receive all resolutions for the Federation Annual General Meeting following the process set out in Article XI; and
8.2.2.4 conduct any other business of the Local.
8.2.3 A quorum for General Meetings shall be 50 of the voting members, provided the Executive has published the agenda and any notice(s) of motion for the general membership at least seven (7) days prior to the date of that meeting.
Section 3 – Local Annual General Meeting
8.3.1 An Annual General Meeting of the members of the Local shall be held before June 15th each year.
8.3.2 In addition to the business conducted at any General Meeting, the Annual General Meeting shall:
8.3.2.1 receive the annual reports of the officers and committees of the Local;
8.3.2.2 confirm the election of the officers for the next year;
8.3.2.3 approve the preliminary budget for the next year; and
8.3.2.4 receive all amendments to the constitution, following the process set out in Article XII.
8.3.3 At least sixty (60) days prior to the scheduled date of the Annual General Meeting, the Executive shall cause to be struck the Budget, Elections, and Annual General Meeting committees.
8.3.4 A quorum for a local Annual General Meeting shall be 50 of the voting members, provided the Executive has published the agenda and any notice(s) of motion for the general membership at least seven (7) days prior to the date of that meeting.
ARTICLE IX – ELECTIONS
Section 1 – Eligibility
9.1.1 An active member, in good standing, may be nominated to stand for elected office.
Section 2 – Nominations
9.2.1 Members shall be notified of the opening of request for nominations at least thirty (30) days prior to the commencement of electronic/in-school voting.
9.2.2 Nominations shall be electronically sent to all members of the Elections Committee. The deadline for receipt of nominations shall be at least fourteen (14) days prior to the commencement of electronic/in-school voting.
Section 3 – Electoral Procedures
9.3.1 The election of the Executive of the Local shall be through electronic or in-school voting by the Local Membership.
9.3.2 Candidates shall have the opportunity to address a General Meeting before the election and to distribute campaign materials according to the procedures established by the Elections Committee in the Executive Handbook.
9.3.3 The election shall be by secret ballot.
9.3.4 Each candidate may appoint one (1) scrutineer to observe the counting of the ballots for that candidate’s election.
9.3.5 The vote count (percentage) for all elected positions shall be released within two (2) days after the conclusion of electronic/in-school voting for each round of elections.
9.3.6 The successful candidate will be the one to obtain the greatest number of votes cast.
9.3.7 An unsuccessful candidate may seek another position on the Executive for which the member is eligible.
9.3.8 The ballots will be destroyed, by a motion of the General Meeting, immediately following the elections.
9.3.9 In the event that there is a vacancy on the Executive if the vacancy occurs with more than one year remaining in the term (prior to June 1st of a non-election year), there shall be a by-election. If the vacancy occurs during an election year, the vacancy will be filled by the Executive, for the duration of the term.
ARTICLE X – DELEGATES TO THE FEDERATION ANNUAL MEETING
10.1 An active member of ETFO Niagara Local may be nominated as a delegate to the Federation Annual Meeting.
10.2 Shall endeavour to ensure that of the allocated number of delegates to the Federation Annual Meeting, a minimum of 50% shall be individuals who identify as women and 10 % shall be individuals from equity-deserving groups.
10.3 The President, two Vice-Presidents, and Treasurer shall be delegates of the Local to the Federation Annual Meeting.
10.4 Delegates to fill the complement shall be elected through electronic/in-school voting by the Local Membership.
10.5 The Executive shall appoint alternate delegates as needed. The number of alternate delegates shall be determined by the Executive. Alternate delegates shall be runners-up from the Local Elections. If there are no runners-up, alternate delegates may be appointed by the Executive.
ARTICLE XI – RESOLUTIONS OF THE FEDERATION ANNUAL MEETING
11.1 Resolutions to the Federation Annual Meeting shall be passed at a Local General Meeting held prior to March 1st.
11.2 The Executive shall cause the Resolutions Committee to be struck at least sixty (60) days prior to March 1st.
11.3 The Vice-President in charge of resolutions shall:
11.3.1 appoint and convene a Resolutions Committee;
11.3.2 request resolutions submissions from the General Membership;
11.3.3 present submitted resolutions to the Executive;
11.3.4 publish for the members the resolutions received by the Committee at least seven (7) days prior to the General Meeting at which they will be debated;
11.3.5 present the submitted resolutions to the membership at the General Meeting, for purposes of voting, before March 1st; and
11.3.6 submit all the resolutions approved at the General Meeting to the Federation prior to the deadline.
ARTICLE XII – AMENDMENTS TO THE LOCAL CONSTITUTION
12.1 Proposed amendments to the Local Constitution must be submitted to the Executive at the regularly scheduled Executive meeting that precedes the Annual General Meeting.
12.2 The Executive shall publish all proposed amendments to the General Membership at least seven (7) days prior to the General Meeting at which they will be debated.
12.3 The Constitution shall be amended if two-thirds of the votes cast at the Annual General Meeting are cast in favour of the proposed amendment.
ARTICLE XIII – FINANCES
13.1 The Executive of the Local shall develop a financial policy.
13.2 All financial transactions shall be signed by two signing officers.
13.3 One Vice-President will chair the Budget Committee and present a budget at the Local Annual General Meeting.
13.4 The fiscal year for the Local shall be the period from July 1st of one calendar year, to June 30th of the succeeding calendar year.
