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Constitution

Together with the APUO Bylaws, the Constitution sets out the fundamental rules governing the life and operation of the Association.

PREAMBLE

The Association recognises diversity, fosters respect and plays a key role in promoting members of equity-seeking groups in all sectors of university life.

TITLE I: DEFINITION AND PURPOSES OF THE ASSOCIATION

Article 1– Name

The name of the Association shall be the “Association of Professors of the University of Ottawa” (APUO), hereinafter referred to as the Association.

Article 2 – Object

The general object of the Association shall be to promote the interests and welfare of its members through collective bargaining and other appropriate means.

  • 2.1 The Association acts to preserve and develop the essential missions and values of university education, and in particular:
  1. to develop, create, and disseminate knowledge;
  2. to democratise access to knowledge;
  3. to contribute to the development of high academic and professional standards; and
  4. to promote free, public, and independent research.
  • 2.2 The Association has the following objectives:
  1. the defence of material, moral, economic, and professional interests of active and retired members, as well as cooperation between the various categories of academic staff from different disciplines in organising their common demands and combating external interference in their appointment, promotion, and tenure;
  2. the defence and improvement of the material and moral conditions of university education and scientific research, and the preservation of collegial governance at the University of Ottawa;
  3. the defence of bilingualism and biculturalism;
  4. the preservation of the autonomy and independence of university education and the respect for academic freedom;
  5. the defence of trade union rights and democratic freedoms; and
  6. the cooperation of academic staff with fellow university labour unions and students’ associations to secure improvement of working and learning conditions at the University of Ottawa.

Article 3– Languages

The official languages of the Association shall be French and English. Members may participate in its deliberations in either language. Any activity or dealings involving the Association may be conducted in either language.

Article 4 – Independence and Autonomy of the Association

The Association administers itself and decides on its actions with complete independence from the employer, governments, political parties, or other external organisations. The Association reserves the right to take the initiative in temporary collaborations, considering that its neutrality towards political parties does not imply indifference to threats to civil liberties or to progress that has been achieved or is yet to be achieved.

  • 4.1 Only the Association’s governing bodies are authorised to make decisions.

TITLE II: AFFILIATIONS

Article 5

The Association may join organisations, provided that their aims do not conflict with those set out in these statutes.

Article 6

The Association is affiliated with the following associations:

  1. The Canadian Association of University Teachers;
  2. The Ontario Confederation of University Faculty Associations;
  3. The CAUT Defence Fund;
  4. The National Union of the Canadian Association of University Teachers.

TITLE III: MEMBERSHIP

Article 7

Membership in the Association shall consist of regular members and retired members, who are defined as follows:

  1. Regular members are members of the APUO bargaining unit, as defined by the Collective Agreement, or otherwise by law, apart from members who withdraw according to the Collective Agreement.
  2. Retired members are individuals aged 55 or older, who were regular members of the Association before ceasing employment at the University of Ottawa immediately before retirement.
  • Article 7.1 Article 7(b) shall not apply to individuals who are re-employed by the University of Ottawa within the APUO bargaining unit after retirement. During such employment, these individuals shall be considered as regular members under 7(a) of the Constitution.

TITLE IV: GENERAL STRUCTURE AND ORGANISATION

Article 8 – General Assembly

The General Assembly is the Association’s highest authority. The General Assembly is composed of members of the Association. It meets twice every academic year: once during the Fall term and once during the Winter term, known respectively as the Fall General Assembly and the Winter General Assembly. They serve to review the Association’s activities, and to decide independently on the union’s position and course of action on various issues relating to its objectives.

  • 8.1 A General Assembly may only amend the Constitution of the Association by a two-thirds majority of the ordinary members present, subject to the provisions set out in Article 24 of the Constitution.
  • 8.2 The Board of Directors may propose one or more discussion points, with the aim of deepening and enriching the Association’s analyses and advocacy.

Article 9 – Extraordinary General Assembly

The Extraordinary General Assembly determines the Association’s position on important issues that have not been decided at the General Assembly but require a rapid response.

  • 9.1 It may be convened by decision of the Board of Directors or at the written request of 25 members.

Article 10 – Board of Directors

The Board of Directors manages and administers the Association between General Assemblies, and within the framework of the decisions taken at General Assemblies.

  • 10.1 The Board of Directors meets periodically and, in addition, as often as circumstances require to direct the activities of the Association within the framework of the decisions of the General Assembly.
  • 10.2 Between General Assemblies, the Board of Directors may decide to hold an Extraordinary General Assembly of the Association.
  • 10.3 The Board of Directors is consulted on all cases involving the organisation of significant action so that it can give its opinion and be able to organise the support and solidarity of the entire Association.
  • 10.4 To ensure the continuity of the Association’s studies and to coordinate specific activities, or whenever circumstances require, the Board of Directors shall establish special committees under the responsibility of the Board of Directors.
  • 10.5 The Board of Directors approves appointments by the Executive Committee to the Association’s committees.
  • 10.6 The Board of Directors shall be responsible for setting general policy and for approving collective bargaining positions.
  • 10.7 The Board of Directors appoints an auditor.
  • 10.8 The Board of Directors approves the accounts presented to it and appropriates the financial statements.

Article 11 – Executive Committee

The Executive Committee is responsible for organising the work of the Board of Directors and implementing the Board’s decisions. It is accountable to the Board of Directors. In the absence of an opinion from the Board of Directors, the Executive Committee is consulted for its opinion on all cases involving the organisation of significant action, so that it can give its opinion, and be able to organise the support and solidarity of the entire Association.

  • 11.1 To ensure the continuity of the Association’s studies and to coordinate its activities, or whenever circumstances so require, the standing committees shall be placed under the direction of the members of the Executive Committee.
  • 11.2 The Executive Committee is responsible for the entire collective bargaining process and all publications of the Association and their content.
  • 11.3 The Executive Committee finalises the accounts and approves the financial statements annually.

Article 12 – Presidency

The Presidency represents the Association in all civil matters and in all circumstances. It ensures that the decisions of the elected bodies are carried out and that the Association’s Constitution and Bylaws are respected.

  • 12.1 The Presidency may consist of one president or two co-presidents.

TITLE V : UNION DEMOCRACY AND DISCIPLINE

Article 13 – Freedom of Expression

Union democracy ensures that each member is guaranteed the right to freely defend their point of view within the Association on all matters concerning the life and development of the union organisation. As the Association brings together members of diverse opinions, none of its members shall be harassed for expressing their opinions outside the trade union organisation, on the sole and imperative condition that these opinions do not in any way undermine the equal dignity of all human beings.

Article 14 – Mandate

No member may claim a mandate from the Association unless it has been entrusted to them by its regular authorities. All members holding a mandate from the Association, or any delegation responsible for representing the Association, are required to comply with the mandate entrusted to them for this purpose and must report on it as soon as possible to the body that appointed them.

Article 15 – Sanctions

Any violation of these statutes or any serious misconduct that could harm the Association, and particularly any conflict of interest, as well as failure to comply with mandates or decisions made by a body, may be subject to sanctions ranging, depending on the gravity of the breach, from a reminder of ethics to expulsion from the decision-making body.

  • 15.1 Any member expelled pursuant to Article 15 of the Constitution may only be reinstated following a favourable decision by the General Assembly, confirmed by an analogous decision by the Board of Directors.

Article 16 – Disputes Commission

The Disputes Commission may be referred matters, either directly by a member or by the Board of Directors, informed of requests made by the Executive Committee or the President, by a group of members or by a member. The Disputes Commission investigates the matter using all necessary means. When it considers that the investigation is complete, it drafts its conclusions and reasons. The decisions of the Disputes Commission, which decides on the nature of their publication, are binding on the parties involved and on the Association as a whole.

Article 17 – Appeal against the decision of the Disputes Commission

An appeal may be lodged against a decision of the Disputes Commission within 15 days of its notification to the Board of Directors, which shall make a final determination. The appeal shall have a suspensive effect, unless the Disputes Commission decides otherwise.

TITLE VI: MEANS OF ACTION, INFORMATION, TREASURY

Article 18 – Means of action for members

Members retain their complete freedom of action within the framework of these statutes, the decisions of the General Assembly, the Collective Agreement, and applicable law. They may, without prior authorisation, decide on any collective action they deem useful; however, in all cases involving the organisation of a significant action, they shall inform the Board of Directors or, failing that, the Executive Committee.

Article 19 – Standing Committees

To ensure the continuity of the Association’s studies and to coordinate activities whenever circumstances require, the standing committees report to the Board of Directors and are placed under the direction of the members of the Executive Committee.

Article 20 – Communication tools

Members are kept informed on a regular basis through the Association’s bulletins. This newsletter is supplemented by other printed or electronic publications.

Article 21 – Dues

The Association’s financial resources come from membership fees, grants, donations, various bequests, the sale of products related to the Association’s activities, financial products, and all other legal sources of income.

  • 21.1 The Association’s membership fee is set in accordance with the Bylaws.

Article 22 – Treasury

The Treasurer shall prepare an annual budget for each activity and submit it to the Board of Directors for approval.

  • 22.1 The Treasurer reviews the use of the Association’s resources and records their observations and assessments in an annual report, which they present to the Winter General Assembly.
  • 22.2 The accounts are presented to the Board of Directors for approval and appropriation of the financial statements.
  • 22.3 The annual accounts and the auditor’s report are published in accordance with the regulations in force within the legal deadlines.

Article 23 – Audit of accounts

The accounts are made available to the auditor, who prepares a report.

  • 23.1 The audit report is presented to the Board of Directors.

TITLE VII: STATUTES AND ADMINISTRATION

Article 24 – Amendment to the Constitution

The Constitution may only be amended by a General Assembly, with a two-thirds majority of ordinary members present.

  • 24.1 Any proposed amendment must be submitted by the Board of Directors. In this case, it is then placed on the agenda of the General Assembly.
  • 24.2 The proposed amendment shall be communicated to members sufficiently in advance to allow them to study it, with the notice period not being less than one month in any event.

Article 25 – Bylaws

The administration of the Association is governed by Bylaws, established in accordance with the Constitution and amendable by the Board of Directors, by a three-quarters majority of its serving members. The proposed amendment shall be communicated to members sufficiently in advance to allow them to study it, with the notice period not being less than one month in any event.

Article 26 – Collective Agreement

The Executive Committee shall consider a newly negotiated Collective Agreement, or related memorandum of settlement, shall recommend for or against ratification, and shall submit the proposed Collective Agreement or memorandum of settlement and its recommendation to all regular members. Ratification by members shall be by a majority of the votes cast by regular members in a secret ballot.

  • 26.1 Changes in the Collective Agreement or letters of understanding negotiated during the period of the Collective Agreement, which influence general terms or conditions of employment or influence policy, shall be approved by the Executive Committee. Approved changes shall be communicated promptly to the Board of Directors.

Article 27 – Rules of Procedure

The Constitution and Bylaws shall take precedence over Robert’s Rules of Order unless they are silent, or do not address specific rules of procedures. In such cases, the latest edition of Robert’s Rules of Order shall apply.