Amended Final Draft – September 19, 2005
TENTATIVE MEMORANDUM OF UNDERSTANDING
RE: Merger of the PHSA Locals
This Memorandum of Understanding details the proposed terms of merger between the C&W, Sunny Hill and Cancer Control Locals which comprise of the following sites and employers:
BC Cancer Agency: Vancouver / Fraser Valley / Kelowna / Victoria
C&W: Deaf Children / C&W / Sunny Hill
Riverview / Forensics
These terms for the merged locals are subject to the HEU Constitution and By-Laws and approval of the affected memberships.
Representatives designated by the affected locals shall determine the structure and procedures for the proposed merged local, including recommendations on Local Executive and shop steward structures.
The transitional worksite committee that has been established will address specific concerns arising both in advance of a merger vote and following ratification of the proposal until a new local executive has been elected.
A comprehensive communications plan will be developed and conducted to advise members of each local of the proposed recommendations, and opportunities for review and debate provided.
There will be information meetings to discuss the merger “in principle” at local meetings for each merger local. One member from each local will be in attendance at these meetings.
A joint meeting and vote will be scheduled for the members of each merger local that has approved the merger in principle. At least seven days advance notice will be provided. Multiple meetings and locations will be arranged if necessary to ensure every member has access to participate.
The vote will be by secret ballot, with separate ballot boxes provided for each merger local membership, the question put to the membership will be: “Are you in favor of the proposed merger agreement?”
In order for the merger to take effect, each merging local must approve the proposal of the required two-thirds (2/3) majority of ballots cast by members present at that meeting.
The newly formed merged local will call a founding meeting (called by existing Chairpersons) and will extend an invitation to a member(s) of the Provincial Executive through HEU’s full time officers.
The elections for the local Executive of the merged local will be conducted at this founding meeting. Sufficient notice of elections consistent with the Constitution and By-Laws will be provided. All honorariums will also be voted on a this founding meeting.
After the first meeting the “Merged Local” executive will write the Provincial Executive to seek official recognition of the new local.
Process for Change to Merger Agreement:
If after the original approval of the Merger Agreement between C&W, BC Cancer, PHSA and Sunny Hill has been made between the parties and the Provincial Executive and changes are needed the following process is to be followed:
1) The local Executive would review the concerns of the Merger Agreement and make recommendations to the Local Membership meeting. Notification of the proposed amendment would be posted on the “Notice of Meeting”.
2) After the amendment has been reviewed, discussed and debated and approved, (providing 2/3 of the membership that are in attendance at the local meeting vote in favor) the amendment would be sent to the Merger Committee of the Provincial Executive.
3) Once the document has been approved by the Provincial Executive, the local would be notified and the changes be incorporated by the Local Executive and reported to the next Local meeting.
The new merged local shall be know as the “PHSA (Amalgamated) Local,” subject to the approval of the Provincial Executive.
The officers of the merged locals shall be as follows:
Vice-Chairpersons: C&W (includes C&W Deaf Children & Aurora
BC Cancer Agency (Includes Vancouver/Fraser
BC Caner Agency-Victoria Clinic (1)
Vice Chair Steward Co-Ordinator
Vice Chair – At Large
Assistant Secretary Treasurer
Conductor TOTAL EXECUTIVE: 14
The site reps may attend any executve meeting and will have voice but no vote. Each site will have the opportunity to elect their site rep. In the event no election takes place, the local executive may appoint a site rep
The Vice Chair Steward Co-Ordinator will be responsible for the appointments of the Chief Shop Stewards, one for each employer (C&W, BC Cancer Agency and PHSA) and ratified by the local executive. The Chief Shop Steward will recommend shop stewards for each employer on each site, which will then be subject to ratification by the Local
The PHSA merged locals will conduct membership meetings in accordance with the Constitution and By-Laws. Meetings will be conducted by video-conferencing, teleconferencing or any other means of communication needed to conduct the local meeting and local Executive will rotate between locations wherever possible.
Delegate entitlement for Education, Conferences and Conventions will be based on local entitlement as per the Constitution and By-Laws. Delegates will be nominated and voted on at a local meeting and elected by the local as a whole.
Will be based on the Collective Agreement and the Constitution and By-Laws.
Per Capita Dues and Rebates:
The Labour Council per capita assessment and the HEU local rebates shall be based on the total number of dues paying members in the merged PHSA Local.
Assets – Transitional Provision:
Each merging local shall retain all assets held effective the date of the signing of this Memorandum of Understanding, to be spent in accordance with HEU principles, under
the administration of the merged locals in consultation with the members of each merger local.
A financial accounting, reflecting the status of the effective day of the merger, shall be prepared and audited by the trustees of each merging local, and provided to the Amalgamated PHSA Local Trustees and copied to the Financial Secretary.
Assets – Ongoing:
Effective the date of this Memorandum, all assets will be held by the Amalgamated PHSA Local, whose Trustees will audit quarterly reports pursuant to the Constitution and By-Laws.
In addition to the routine expenses claimable from the Amalgamated PHSA Local, Executive members of the amalgamated local may claim reasonable expenses for actual costs incurred when traveling to attend meetings and events and visit worksites at merged locals other than their own. Such expenses must have been pre-established by an standing motions recommended to the membership by the executive and have been reviewed, discussed, debated and voted on by the local.
Local Agreements and By-Laws:
Effective the date of this Memorandum all local agreements will stand as is until the Local Executive bring forward standing motions to the next local meeting.
All existing honorariums will stay in effect until a new Amalgamated Executive is voted on and new honorariums are voted on. The honorariums are currently as follows:
SunnyHill BCCA C&W
Chair $30 $200 80
Vice Chairperson 20 75 80
Secretary-Treasurer 20 150 80
Assistant Secretary Treasurer 0 75 40
Active Shop Steward 0 0 40
I have confirmed that the Victoria Cancer Clinic which is a separate local does not have honorariums.
The terms of this agreement are subject to ratification by each Local and the Provincial Executive.
Chairperson Secretary – Treasurer
BC CANCER AGENCY LOCAL:
Chairperson Secretary – Treasurer
Chairperson Secretary – Treasurer
Signed _________________________________, 2005
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