Constitution

• Article I: Name

  1.1          The organization shall be known as Elementary Teachers' Federation of Ontario (ETFO) and shall be referred to in this Constitution as the "Federation”.

  1.2          The organization shall be known as Fédération des enseignantes et des enseignants de l’élémentaire de l’Ontario (FEEO).

• Article II: Affiliation

  2.1              The Federation is an affiliated body of the Ontario Teachers' Federation.

• Article III: Objects

  The objects of the Federation shall be:

  3.1              to regulate relations between employees and employer, including but not limited to securing and maintaining, through collective bargaining, the best possible terms and conditions of employment;

  3.2              to advance the cause of education and the status of teachers and educational workers;

  3.3              to promote a high standard of professional ethics and a high standard of professional competence;

  3.4              to foster a climate of social justice in Ontario and continue a leadership role in such areas as anti-poverty, non-violence, and equity;

  3.5              to promote and protect the interests of all members of the Federation and the students in their care;

  3.6              to promote and defend the health and safety of members in the workplace; and,

  3.7              to co-operate with other organizations in Ontario, Canada, and elsewhere, having the same or like objects.

• Article IV: Membership

  SECTION 1   ACTIVE MEMBERSHIP

  4.1.1           Members in bargaining units for which the Federation is the bargaining agent under the Education Act, including members on board-approved leaves of absence, shall be active members of the Federation.

  4.1.2           All employees in bargaining units for which the Federation holds bargaining rights under any other Act, including the Labour Relations Act, or for which the Federation is seeking to hold bargaining rights, shall be eligible for active membership, and shall be admitted as active members subject to the provisions of the Constitution, Bylaws, and Directives of the Federation.

   

  SECTION 2   ASSOCIATE MEMBERSHIP

  4.2.1           Associate membership of the local shall include members whose application has been approved by the local, approved by the Executive, and who have paid the annual fee in accordance with the Bylaws.

  4.2.2           Associate membership of the provincial Federation shall include members whose application has been approved by the Executive and who have paid the annual fee in accordance with the Bylaws.

  4.2.3           Associate Membership may include:

  4.2.3.1        members of other affiliates of OTF;

  4.2.3.2        teachers or Native language instructors employed in private schools, provincial schools, federal government schools, First Nation or Council schools;

  4.2.3.3        employees of the Federation or locals;

  4.2.3.4        teachers employed at a college or university;

  4.2.3.5        former members or persons engaged in a professional capacity related to education;

  4.2.3.6        former members in good standing who are currently not employed by a school board;

  4.2.3.7        former members in good standing who have been declared redundant and are not employed by a school board (this membership shall only be held for two (2) years);

  4.2.3.8        former members who were on LTD and whose contract with an employer has been terminated (this membership shall only be held for two (2) years);

  4.2.3.9      exchange teachers employed as an elementary teacher by a public school board;

  4.2.3.10      retired members who were members of the Federation or its predecessors; and

  4.2.3.11      students attending a teacher education institution in Ontario.

   

  SECTION 3   HONORARY LIFE MEMBERSHIP

  4.3.1           Honorary life membership may be granted to retired members and staff of the Federation or its predecessors who have given outstanding service to the Federation.

  4.3.2           Honorary life membership shall be granted in accordance with established procedures.

  4.3.3           Honorary life members who have been granted an honorary life membership by FWTAO or OPSTF will have that membership continued in the Federation.

• 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: Disciplinary Procedures.

  5.1.2           The rights of an active member shall be:

  5.1.2.1        to attend, participate, and vote at meetings of the local;

  5.1.2.2        to attend meetings of the Representative Council and the Annual Meeting;

  5.1.2.3        to lodge a complaint against another member, through the Federation, in accordance with Article VII: Disciplinary Procedures;

  5.1.2.4        to request Federation support, through the grievance arbitration process;

  5.1.2.5        to request Federation support for employment-related matters including:

  5.1.2.5.1     termination or resignation of employment;

  5.1.2.5.2     protection from being slandered, libeled, or harassed in any form; and

  5.1.2.5.3     protection from fraudulent or malicious allegations or charges;

  5.1.2.6        to request Federation support in any problem directly related to professional duties;

  5.1.2.7        to request Federation support in an investigatory or disciplinary procedure undertaken by the College of Teachers;

  5.1.2.8        to request Federation support for employment-related matters which are alleged to have occurred when the individual was a member of the Federation or its predecessors; and

  5.1.2.9        to approve, after duly-called information meetings, the commencement and conclusion of any provincial job action by an all-member vote.

  5.1.3           An active member who accepts a position as a temporary or acting principal/vice-principal which involves any responsibility for the evaluation and/or disciplining of other members, shall have the rights, privileges, and responsibilities of membership suspended for the duration of the appointment.

  5.1.4           An active member who accepts a position as a temporary or acting principal/vice-principal may not also be the workplace steward for the duration of the appointment.

   

  SECTION 2   RIGHTS AND PRIVILEGES OF ASSOCIATE MEMBERSHIP

  5.2.1           The rights of an associate member shall be:

  5.2.1.1        to attend Federation functions, by invitation, in a non-voting capacity;

  5.2.1.2        to receive Federation publications;

  5.2.1.3        to request that the Federation recommend that voluntary membership be granted in OTF; and

  5.2.1.4        to serve, by invitation, on Federation task forces, committees, and work groups.

   

  SECTION 3   RIGHTS AND PRIVILEGES OF HONORARY LIFE MEMBERSHIP

  5.3.1           The rights of an honorary life member shall be:

  5.3.1.1        to attend Federation functions in a non-voting capacity;

  5.3.1.2        to receive Federation publications;

  5.3.1.3        to serve, by invitation, on Federation task forces, committees, and work groups; and

  5.3.1.4        to attend the annual dinner as a guest of the Federation.

• Article VI: Code of Professional Conduct

  6.1              A member shall:

  6.1.1           recognize the Federation as the official voice of all the active members of the Federation;

  6.1.2           adhere to the Constitution, Bylaws, and Directives of the Federation;

  6.1.3           support collective bargaining initiatives, including a strike authorized by the Executive;

  6.1.4           refrain from undertaking or supporting actions which undermine established bargaining procedures;

  6.1.5           honour the terms of the collective agreement;

  6.1.6           strive to eliminate all forms of harassment between individuals in the educational system;

  6.1.7           endeavour to ensure equity and inclusiveness in the workplace; and

  6.1.8           strive to achieve and maintain a high degree of professionalism and to uphold the honour, dignity, and ethical standards of the teaching profession.

  6.2              A member who is representing ETFO on the local executive and/or the Executive shall, in addition to 6.1:

  6.2.1     strive to achieve and maintain a high degree of professionalism and to uphold the honour, dignity, and ethical standards of the Elementary Teachers’ Federation of Ontario.

• Article VII: Disciplinary Procedures

  7.1              A complaint alleging violation of the Code of Professional Conduct shall be submitted by a member, in writing, to the General Secretary of the Federation within 60 calendar days of the date of violation or within 60 calendar days of when a member ought reasonably to have become aware of the violation.

  7.2              The complaint shall state the facts and shall indicate that a copy has been provided to the member about whom the complaint has been lodged.

  7.3              The General Secretary, or designate, shall investigate the complaint and report with recommendations for further action to the Professional Relations and Discipline Committee.

  7.3.1           Should the General Secretary, or designate, after investigation, deem that a complaint against a member is vexatious, frivolous, or an abuse of process, the full-time released officers of the Federation will be informed of the complaint, the course of the investigation, and the rationale for dismissal.

  7.4              The Professional Relations and Discipline Committee shall consider complaints referred to the committee by the General Secretary and report with recommendations to the Executive.

  7.5              The Executive shall determine the discipline to be enacted.

  7.6              The principles of natural justice shall be followed in the disciplinary proceedings.

  7.7              Members deemed to be in non-support during a job action may be subject to disciplinary procedures that include the possibility of a monetary fine of up to $500 per day.

  7.8              Members found to be in violation of Article VI, Code of Professional Conduct, shall be subject to a range of sanctions that may include, but is not limited to, publication of name in a Federation publication, suspension of the right to hold office in the Federation, and suspension of Federation services except those required by law.

• Article VIII: Fees

  8.1              Fees shall be determined at the Annual Meeting of the Federation.

  8.2              Notice of a proposed amendment to the fee shall be published to the general membership by May 1, prior to the Annual Meeting at which the amendment will be presented.

• Article IX: Annual Meeting

  9.1              The Annual Meeting shall be held in August of each year.

  9.2              All active members in good standing in the Federation may attend the Annual Meeting.

  9.3              Accredited delegates to the Annual Meeting shall be determined in accordance with Bylaw IV: Delegates.

  9.4              A majority of the registered delegates to the Annual Meeting shall constitute a quorum.

  9.5              The duties of the Annual Meeting shall be:

  9.5.1           to ratify the priorities of the Federation;

  9.5.2           to elect the Executive;

  9.5.3           to determine all membership fees;

  9.5.4           to approve the annual budget;

  9.5.5           to receive the financial statement as certified by the auditor;

  9.5.6           to appoint the auditor;

  9.5.7           to create special committees;

  9.5.8           to amend the Constitution and Bylaws of the Federation;

  9.5.9           to approve, by a two-thirds (2/3) majority vote, Directives of the Federation;

  9.5.10         to determine the disposition of funds in the Building Fund; and

  9.5.11         to transact other business as determined by the approved agenda.

  9.6              Resolutions to the Annual Meeting may be received from:

  9.6.1           a local which has passed the motion at a general meeting;

  9.6.2           the Executive;

  9.6.3           the Representative Council which has passed the motion at a Council Meeting; and

  9.6.4           a standing committee or special committee of the Annual Meeting.

  9.7              Resolutions must be received in the provincial office by March 1.

  9.8              New business motions will be accepted at the Annual Meeting until the conclusion of the third (3rd) day of the Annual Meeting under the following conditions:

  9.8.1           new business motions to amend the Constitution and Bylaws are not acceptable;

  9.8.2           new business motions must be filed on the appropriate form signed by five (5) accredited delegates representing at least three (3) locals;

   

  9.8.3           time will be scheduled at the end of each day of the Annual Meeting to consider new business motions; and

  9.8.4           new business motions must be printed and distributed to delegates prior to being considered.

  9.9              Resolutions to the Annual Meeting shall be moved and seconded by an accredited delegate prior to debate.

  9.10            Notwithstanding, the chairperson of a standing committee who is not an accredited delegate may move at the Annual Meeting a resolution, which has been received from the standing committee.

  9.11            If a legal opinion related to a resolution to the Annual Meeting has been received by the provincial office, such opinion shall be given to the local that proposed the resolution no later than five (5) business days after the provincial office has received the legal opinion and shall be distributed to delegates attending the Annual Meeting.

  9.12            The Annual Meeting agenda shall include a period of up to thirty (30) minutes for questions and answers on budget and finances to occur immediately after the initial presentation of the budget by the first vice-president.

  9.13            The Annual Meeting agenda shall include a period of up to thirty (30) minutes for questions and answers on the report of the General Secretary to occur immediately after the report of the General Secretary.

• Article X: Provincial Organization

  SECTION 1   EXECUTIVE

  10.1.1         The Executive shall consist of 14 members and shall include:

  10.1.1.1      president;

  10.1.1.2      first vice-president;

  10.1.1.3      two (2) vice-presidents, one (1) of the positions shall be open to women only;

  10.1.1.4      the Federation representative to the Ontario Teachers’ Federation (OTF Table Officer); and

  10.1.1.5      executive members, as necessary to complete the Executive, four (4) of the positions shall be open to women only.

  10.1.2.        The full-time released officers of the Federation shall be the president, the first vice-president and the two (2) vice-presidents.

  10.1.3         The term of office for the president, first vice-president, vice-president, vice-president (female), and the Executive shall be two (2) years.

   

  SECTION 2   REPRESENTATIVE COUNCIL

  10.2.1         The Representative Council is composed of:

  10.2.1.1      the president of each local in a voting capacity;

  10.2.1.2      additional representatives in a voting capacity in accordance with the following schedule:

  10.2.1.2.1    locals over 1000 FTE members - one (1) additional representative;

  10.2.1.2.2    locals over 3000 FTE members - two (2) additional representatives;
  10.2.1.2.3    locals over 5000 FTE members - three (3) additional representatives;

  10.2.1.3      the members of the Executive in a voting capacity; and

  10.2.1.4      the General Secretary in a non-voting capacity.

  10.2.2         The Representative Council shall meet at least three (3) times a year.

  10.2.3         Additional meetings of the Representative Council may be called by the Executive or upon the written request of twenty (20) members of the Representative Council.

  10.2.4         A majority of the members of the Representative Council shall constitute a quorum.

  10.2.5         If a president of a local is unable to attend a meeting of the Representative Council, the local may designate a member of the local to attend the Representative Council as a voting member.

  10.2.6         If a president of a local is a member of the Executive, the local may designate a member of the local to attend the Representative Council as a voting member.

  10.2.7         The Representative Council shall be responsible for:

  10.2.7.1      reviewing the proposed annual budget for report to the Executive;

  10.2.7.2      reviewing election campaign procedures to elect the Executive;

  10.2.7.3      approving collective bargaining goals;

  10.2.7.4      recommending policy to the Executive or to the Annual Meeting;

  10.2.7.5      recommending action motions to the Executive;

  10.2.7.6      electing five (5) Council members to the Selection Committee for Standing Committees;

  10.2.7.7      electing five (5) Council members to the Budget Committee;

  10.2.7.8      electing five (5) Council members to the Council Steering Committee; and

  10.2.7.9      electing a member to the Executive when a vacancy exists immediately following the Executive elections at the Annual Meeting.

  10.2.8         The Representative Council may meet in session of the whole Council or may subdivide to better meet the needs of specific groups.

  10.2.9         Each member of the Representative Council as set out in 10.2.1 shall have one (1) vote on issues before the Representative Council except as specified for in 10.2.10 below.

  10.2.10       A member of the Representative Council, on any vote may call for a double majority vote. The double majority is determined first by a vote of the locals with one (1) vote for each local and Executive member, and second by a vote by each local and Executive member in accordance with the number of votes that the local or Executive member had at the previous Annual Meeting.

  10.2.11       For a double majority vote, the President or designate shall cast all votes.

  10.2.12       The Steering Committee shall be responsible for:

  10.2.12.1     developing the agenda for each meeting;

  10.2.12.2     developing the budget request for the Representative Council;

  10.2.12.3     recommending the time and place for future meetings of the Representative Council;

  10.2.12.4     assessing, on a regular basis, the needs and expectations of the Representative Council; and

  10.2.12.5     naming individuals to act as chairperson of the business session(s) of the meetings of the Representative Council.

  10.2.13       The President and First Vice-President shall be members of the Steering Committee.

  10.2.14       The President shall be the chairperson of the Steering Committee.

  10.2.15       The Chairperson of the business session(s) of the Representative Council shall not be a member of the Council.

  10.2.16       There shall be a pre-council meeting for occasional teacher, PSP, and ESP local presidents at each Representative Council; the pre-council shall be fully funded by ETFO.

  10.2.17       There shall be a fully-funded pre-council meeting for teacher local presidents and additional teacher local representatives at each Representative Council chaired by a local president as determined by the members of the pre-council.

   

  SECTION 3   COMMITTEES

  10.3.1         There shall be the following Standing Committees:

  10.3.1.1      Aboriginal Education;

  10.3.1.2      Annual Meeting;

  10.3.1.3      Anti-Racist Education;

  10.3.1.4      Arts;

  10.3.1.5      Awards;

  10.3.1.6      Collective Bargaining;

  10.3.1.7      Disability Issues;

  10.3.1.8      Early Years;

  10.3.1.9      Education Support Personnel;

  10.3.1.10      Environmental;

  10.3.1.11      French as a Second Language;

  10.3.1.12     Gender Issues;

  10.3.1.13     Human Rights;

  10.3.1.14     Intermediate Division;

  10.3.1.15     International Assistance;

  10.3.1.16     Lesbian, Gay, Bisexual, and Transgender Members;

  10.3.1.17     Men's Focus;

  10.3.1.18     New Members;

  10.3.1.19     Occasional Teacher;

  10.3.1.20     Occupational Health and Safety;

  10.3.1.21     Pension;

  10.3.1.22     Political Action;

  10.3.1.23     Professional Development/Curriculum;

  10.3.1.24     Professional Relations and Discipline;

  10.3.1.25     Special Education;

  10.3.1.26     Status of Women; and

  10.3.1.27     Teacher Education/Faculty Liaison.

   

  SECTION 4   PROGRAMS FOR WOMEN

  10.4.1         There shall be guaranteed programs for women.

  10.4.2         The Federation shall allocate 6% of the annual budget to programs for women only.

  10.4.3         The budget for the programs for women shall be approved as part of the regular Federation budget process.

  10.4.4         The programs for women will provide direct services to women members.

  10.4.5         The programs for women will provide funds for partnerships with other organizations.

  10.4.6         The programs for women will include funding for organizations which advance the status of women and women’s issues.

  10.4.7         The General Secretary, in consultation with the Executive, shall ensure the allocation of staff solely responsible for programs for women.

• Article XI: Local Organizations

  SECTION 1   STRUCTURE

  11.1.1         A local is a certified group of members organized under the Ontario or Canada Labour Relations Act.

  11.1.2         A consolidated local is a local formed by the consolidation of two (2) or more bargaining units organized under the Ontario or Canada Labour Relations Act.

  11.1.3         A joint local is a local formed to represent members of two (2) or more collective agreements for which the Federation has bargaining rights.

  11.1.4         The boundary of each local shall be co-terminous with the district school board or employer.

  11.1.5         Notwithstanding 11.1.4 above, the Executive, in consultation with the locals, shall approve joint locals for members employed by isolate district school boards.

  11.1.6         Notwithstanding 11.1.4 above, where the number of members of a local declines below twenty-five (25) members, the Executive, after consultation with the local, may establish a joint local or a consolidated local.

  11.1.7         Notwithstanding 11.1.4 above, where two (2) or more locals so request, the Executive, after consultation with the locals and the members involved, may establish a consolidated local.

  SECTION 2   GOVERNANCE

  11.2.1         Each local shall determine its constitution with due regard to the Constitution of the Federation.

  11.2.2         The local constitution shall ensure leadership positions for women on the executive.

  11.2.3         Each local shall define within its constitution and bylaws the procedures governing executive elections.

  11.2.4         The executive of the local should include the following positions:

  11.2.4.1      president;

  11.2.4.2      vice-president(s);

  11.2.4.3      secretary;

  11.2.4.4      treasurer or secretary/treasurer; and

  11.2.4.5      other positions as the local determines.

  11.2.5         Each local shall appoint a representative as a non-voting member of the executive of other Federation locals whose members are employed by the same school board or employer.

  11.2.6         Each local constitution shall outline the procedures to be followed to fill a vacancy on the executive.

  11.2.7                  Each local shall endeavour to foster equity in the selection of delegates to the Annual Meeting.

  11.2.8         Each local shall endeavour to include teachers with less than five (5) years of teaching experience in their delegation to the Annual Meeting.

  11.2.9         Each local shall define within its constitution and bylaws the procedures governing consideration of nominations to the Executive.

   

  11.2.10       Each local should have a Human Rights Committee.

   

  11.2.11       Each local should have a Status of Women Committee.

   

  11.2.12       Each local shall endeavour to have an Environmental Committee.

   

  11.2.13       The executive of the local shall be responsible for administering the affairs of the local between annual meetings of the local in accordance with the provisions of the local constitution and bylaws.

   

  11.2.14       The president of the local shall administer the affairs of the local between meetings of the local executive in accordance with the local constitution and bylaws and the direction of the local executive.

  .

  SECTION 3   ANNUAL MEETING

  11.3.1         The local shall hold an annual meeting.

  11.3.2         The annual meeting shall:

  11.3.2.1      receive the annual reports of the officers and committees of the local;

  11.3.2.2      elect the officers for the next year;

  11.3.2.3      approve the budget for the next year;

  11.3.2.4      determine the signing officers; and

  11.3.2.5      receive the financial statements as certified by the auditors.

   

  SECTION 4   ANNUAL REPORT

  11.4.1         The local shall forward to the provincial office of the Federation by June 1 of each year the annual report of the local.

   

  SECTION 5   FINANCIAL REPORT

  11.5.1         The fiscal year of the local shall be the period from July 1 of one calendar year to June 30 of the succeeding calendar year.

  11.5.2         The local shall forward to the provincial office of the Federation by September 30 of each year the annual audited financial statement that shall be formatted in a style approved by the Executive.

  11.5.3         Where the membership of the local or joint local is less than 200 full-time equivalent members, the annual audited financial statement shall be prepared by members of the local who are not on the local executive, or by a chartered accountant or accounting firm.

  11.5.4         Where the membership of the local is 200 full-time equivalent members or more the annual audited financial statement shall be prepared by a chartered accountant or accounting firm.

  11.5.5         The audited financial statement shall be filed with the provincial office as a condition of receiving the fee rebate in the subsequent year.

  11.5.6         The local shall retain the financial records of the local for a period of six (6) years plus the current year.

• Article XII: Fiscal Year

  12.1            The fiscal year of the Federation shall be the period from July 1 of one calendar year to June 30 of the succeeding calendar year.

• Article XIII: Amendments to the Constitution and Bylaws

  13.1            The Constitution and Bylaws shall be amended if 60% of the registered delegates to the Annual Meeting vote in favour of the proposed amendment, provided that a notice of motion has been communicated to the general membership by May 1, prior to the Annual Meeting at which the amendment will be presented.

• Article XIV: Parliamentary Procedure

  14.1            The official authority for conducting all Federation meetings shall be Robert’s Rules of Order, current edition.