The Constitution and By-Laws of the Canadian Association of Professional Employees contain provisions and guidelines on the submission of resolutions to the Elections and Resolutions Committee. The procedure and guidelines for properly submitting resolutions pertaining to CAPE’s policies, practices and collective bargaining are explained in the following paragraphs.
Resolutions may not propose changes to the Constitution and/or By-Laws. Proposed amendments to the Constitution must comply with By-Law #13. Proposed amendments to the By-Laws must comply with Article 17 of the CAPE Constitution.
Constructing a Resolution
Resolutions are not technically complicated, but according to the CAPE Constitution and By-Laws, they must meet the following criteria:
- must be submitted by two registered Regular or Pending members;
- must contain the names, home departments, bargaining units and telephone numbers (during regular working hours) of all members submitting the resolutions;
- must be signed by all members submitting the resolutions;
- must be no longer than one 8.5” x 11” page of text, using Arial 12 point font, or equivalent;
- must contain no reference to individuals or locals who are in support of the resolution;
- must be consistent with the CAPE Constitution and By-Laws;
- must be submitted to the CAPE National Office.
It is recommended that you identify the type of resolution being submitted – Policy, Practice, or Collective Bargaining. Generally, it is recommended that preamble to resolutions provide the membership with any needed background information regarding the resolutions. This may include why the resolution is being proposed, important background information, or the nature of the problem a resolution is intending to address. It should also provide a brief but persuasive argument as to why the members should vote in favour of your resolution.
Use the term “BE IT RESOLVED”. This part of the resolution should specifically identify the actions that you wish to accomplish. Click here to view a sample resolution.
Deadlines and Submission Process
Resolutions may be submitted at any time during the year - however, they must be submitted no later than September 23, 2016, before the Association’s Annual General Meeting (AGM) of November 16, 2016. Resolutions received after September 23, 2016 are brought forward to the following year’s Resolutions process.
General Resolutions are submitted to the CAPE National Office, which then submits them to the Elections and Resolutions Committee. The Elections and Resolutions Committee then determines whether the resolutions comply with the criteria outlined in the CAPE Constitution and By-Laws, including whether they are consistent with the Constitution and By-Laws. The Elections and Resolutions Committee then presents the resolutions to the CAPE membership. Members will be invited to vote on the proposed resolutions when notification is sent to the membership regarding the AGM. Members are invited to discuss proposed resolutions at the AGM.
Constitution and By-Laws Resolutions have no defined timelines (see above). Members will be called to vote on proposals for changes to amend the Constitution or By-Laws, as provided for in By-Law 13 and article 36 of the Constitution. This vote is initiated by the NEC.
Collective Bargaining Resolutions - Resolutions for collective bargaining as identified in Article 16.2 of the CAPE Constitution are essentially bargaining proposals. These resolutions are submitted to the CAPE National Office, which them submits them to the appropriate Collective Bargaining Committee (EC, TR or LoP). The Collective Bargaining Committee considers the resolutions when it refines and selects its collective bargaining proposals or issues to bring to the bargaining table, pursuant to By-Law 7.1.4 (ii). A resolution to address the bargaining structure constitutes a resolution to amend the Constitution.
The voting process
Votes on changes to CAPE policies and practices are submitted to all registered regular members. Members are invited to discuss proposed resolutions at the AGM.
The Elections and Resolutions Committee establishes a voting process and schedule that complies with CAPE By-Law 3, with the assistance of the CAPE National Office. As previously noted, members are provided with information relating to the resolutions as well as ballots at the time that notification is sent to the membership regarding the AGM. Voting is conducted electronically. CAPE By-Law 3.16 provides for accommodation for members for whom the electronic voting process proves a barrier to their participation in the voting process.
Resolutions regarding CAPE policies and practices, and proposals for changes to the CAPE By-Laws, must receive the support of at least 50% plus 1 of the votes cast in order to pass. Resolutions regarding the CAPE Constitution require a 2/3 majority of votes cast in order to pass.
August 23, 2016
Resolution (Policy) Subject: Pensions
the employer has increased the employee contribution rates to the pension plan and this benefit has always been considered as deferred wages for public service employees;
BE IT RESOLVED THAT
CAPE initiates a vigorous campaign to prevent further erosions to the public service pension plan and, to that end, work with other public service unions who share this goal.
Submitted by Pierre Dupont, Environment Canada, EC, 613-236-9181 and Andrew Longshore, PWGSC, TR, 613-236-9181
Pierre Dupont Andrew Longshore