Bylaws

• Bylaw I: Fees

  1.1          Each active member shall pay an annual fee of 1.36% of gross annual salary to be allocated as follows:

  1.1.1       1.250% to the General Fund and 0.110% to the Defense Fund.

  1.2          In any year, following a year in which the audited financial statement shows a Defense Fund balance of less than $150 million there shall be an additional fee of 0.2% of gross annual salary per active member to be allocated to the Defense Fund.

  1.3          There shall be an additional fee for each active member of 0.0354% of gross annual salary for a political action and public relations fund to promote public education.

  1.3.1       There shall be an additional fee for each active member of 0.0046% of gross annual salary for a humanitarian fund.

  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.

  
   

• Bylaw II: Duties of the Executive

  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 her/his 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 a Deputy General Secretary, who shall be an administrative officer;

  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 and the Deputy General Secretary;

  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; and

  2.4.25      to outline clearly the duties and responsibilities of the Deputy General Secretary.

   

• Bylaw III: Elections

  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, four (4) of whom shall be women.

  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 June 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 June 15 provided the nomination form is signed by at least five (5) active members in good standing and that there is evidence that the local president has been notified of the nomination.

  3.5          The list of nominees received by March 1 shall be forwarded to the membership in the Annual Meeting Booklet 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 ten (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.

   

• Bylaw IV: Delegates

  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 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.

• Bylaw V: Borrowing

  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.
  

• Bylaw VI: Procedure to Fill a Vacancy on the Executive

  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 immidiatly 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 immidiately 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 the vice-president with the greatest length of total service in the position of vice-president.

  6.4.3.1        Where the position is not accepted by the vice-president with the greatest length of total service in the position of vice-president, the vice-president with lesser total service shall fill the position of first vice-president. 

  6.4.3.2        Where the length of total service at the position of vice-president is equal, the position shall be filled by the vice-president with the greatest length of total service on the Executive.

  6.4.3.3        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 the Executive member with the greatest length of total service in the position of Executive member.

  6.5.2           A vacancy in the designated vice-president position shall be open to women candidates only.

  6.5.3           Where the length of total service at the position of Executive member is equal, the vacancy shall be filled by the Executive by the election of one of the Executive members with the greatest length of total service on the Executive.

  6.5.4           Where the position is not accepted by an Executive member with the greatest length of total service in the position of Executive member, the vacancy shall be filled by the Executive by the election of an Executive member in accordance with this Bylaw.

  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 a designated position shall be open to women candidates only.

  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 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 a designated position shall be open to women candidates only.

  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;

  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;

  6.8.4.8        the ballots will be destroyed by motion of the Executive immediately following the election.

• Bylaw VII: General

  7.1          The president or designate of each local shall be entitled, at local expense, to attend provincial Executive meetings as an observer.

• Bylaw VIII: Directives

  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 percent (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.

• Bylaw IX: Consolidated Locals

  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.