CONSTITUTION

GOVERNING THE

CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS

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ARTICLE I

NAME

This organization shall be known as the Canadian Council of Railway Operating Unions, hereafter called the "Council", and will have its headquarters in Ottawa, Ontario, Canada, or such other location as mutually agreed to by the constituent-unions.

ARTICLE II

PURPOSE

The purposes of the Council shall include:

(a) to act as the sole and exclusive bargaining agent on behalf of the constituent unions wherever the Council is certified to do so;

(b) to perform all the functions of a council of unions as provided in the Canada Labour Code;

(c) to promote cooperation among the constituent unions in collective bargaining.

ARTICLE III

MEMBERSHIP

(a) The membership of the Council shall consist of the following constituent unions:

(i) United Transportation Union/United transportation Union-Canada; and

(ii) International Brotherhood of Locomotive Engineers.

(b) Each constituent union undertakes to file a copy of a resolution adopted in accordance with its own constitution whereby it vests in the Council exclusive authority to seek certification, engage in collective bargaining, conclude a collective agreement and administer such collective agreement.

ARTICLE IV

EXECUTIVE BOARD/OFFICERS

(a) The Executive Board of the Council shall consist of six(6) persons, being three (3) persons from the International Brotherhood of Locomotive Engineers, who shall be the Canadian Director, the Canadian Vice-president and the Chairman of the General Chairmen"s Association; and three persons from the United transportation Union/United Transportation Union Canada, who shall be the National President, the National Vice-president and the Chairman of the General Chairmen's Association.

(b) The Executive Board shall be responsible for the administration and operation of the Council and, from amongst the Executive Board, there shall be elected four(4) officers of the Executive Board, namely, a Chairperson, Vice-Chairperson, Secretary and a Treasurer of the Council.

Two of the officers shall be elected from each constituent union with the Chairperson alternating from each constituent union every two years.

(c) The CHAIRPERSON shall function as the Chief Executive officer of the Council. He shall exercise supervision over the affairs of the Council, sign all official documents and preside at regular and special meetings of the Executive Board.

(d) The VICE-CHAIRPERSON shall aid the Chairperson in his duties as Chief Executive officer of the Council and act on his behalf when requested to do so in the absence of the Chairperson.

(e) The SECRETARY shall record correctly all proceedings, of the Council in a book provided for that purpose; conduct all correspondence connected with the business of the Council; summon all meetings when so directed by the Chairperson; and generally be responsible for all functions of a secretarial nature that may arise, and perform such other duties that may be requested by the Executive Board.

(f) The TREASURER shall receive and record all monies paid to the Council and report at each meeting of the Council the source of all money received and the expenditures of the Council; deposit all monies in the name and to the credit of the Council in such bank accounts as authorized by the Council, sign all cheques in conjunction with the Chairperson, as authorized by the Council and have the books audited as directed by the Executive Board of the council.

(g) The initial term of office of the Officers will be from election until- December 31, 1992 and thereafter shall be for a two year period commencing January 1, so long as such person remains an appointee of a constituent union to the Executive Board.

(h) In the event of a vacancy in any office, the Executive Board shall elect a person from amongst the Executive Board and from the same constituent union as that of the person in the office prior to the vacancy, to fill the vacancy for the unexpired portion. of the Officer.'s term of office.

(i) The Executive Board shall make a complete report on the financial and other activities of the Council and shall supply such report to each of the constituent unions annually.

(j) The Executive Board shall meet at least semi-annually in order to conduct the business of the Council, such meetings to be called by the Chairperson. Upon written notice of not less than ten (10) days, any four (4) Executive Board members can call a special meeting of the Executive Board.

(k) A quorum shall consist of a majority of the members of the Executive Board.

(1) At each meeting of the Executive Board, each of the constituent unions shall be entitled to cast a total of three (3) votes. If less than three (3) persons from a constituent union are present, each person from such constituent union so present shall have a portion of the three (3) votes that are entitled to be cast. The Chairperson shall not have a deciding vote. If any motion is not carried or defeated and a deadlock ensues, the Executive Board will meet again within ten (10) days to attempt to resolve the matter.

ARTICLE V

BARGAINING

(a) The members of every Bargaining Committee of the Council shall be the members of the Executive Board who are national officers of the protective departments of the constituent unions or their delegates - not more than two members for each constituent union.

(b) In addition to those members specified in (a) above, each constituent union shall be entitled to appoint only their respective General Chairman to any Bargaining committee.

(c) No later than six (6) months in advance of main table negotiations, where practicable, the Bargaining Committee shall solicit proposed demands from the constituent unions for inclusion in the notice to bargain. A common notice shall be drafted by the Bargaining Committee, which notice need not be restricted to the demands proposed by the constituent unions.

(d) The Bargaining Committee shall meet at sufficient time prior to the expiry date of the applicable collective agreement in order to develop and agree upon proposals for amendments, additions, etc. to the collective agreement.

(e) The Bargaining Committee shall commence bargaining at least two (2) months prior to the expiry date of the applicable collective agreement.

(f) The Bargaining Committee shall adopt such other rules and procedures as it deems necessary in order to carry out its responsibility provided these do not conflict with this Constitution or the Constitution of any constituent union.

(g) The Bargaining Committee shall not agree to any proposal made by a railway, or submit any proposal to a railway, which would result in adverse changes to agreements affecting members of the constituent union or unions except with the written agreement of the affected constituent union or unions.

(h) The Bargaining committee shall meet with the appropriate railway and bargain with such railway in order to attempt to conclude a collective agreement.

ARTICLE VI

RATIFICATION

A collective agreement will only be entered into by the Executive Board with the railway(s) after it has been ratified by each of the constituent unions pursuant to their respective constitution and bylaws.

ARTICLE VII

STRIKES

(a) No strike or equivalent action may be called by the Council unless and until such strike has been authorized by the Executive Board and each constituent union has obtained a strike mandate in accordance with the provisions of their respective constitution and by-lays.

(b) The Executive Board shall vote on whether to authorize the Council to undertake strike action. Such vote, if necessary, may be taken without the need for a special meeting.

(c) The executive Board shall have the authority to settle or terminate any strike at any time.

ARTICLE VIII

EXECUTION OF COLLECTIVE AGREEMENTS

The Bargaining Committee shall have exclusive authority, subject to the provisions of this Constitution, to negotiate, reach and conclude collective agreements on behalf of the Council.
A collective agreement shall be executed by the Executive Board and the General Chairman of the respective properties and shall bind the Council, all constituent unions in the Council, and all employees in the bargaining unit affected.

ARTICLE IX

ADMINISTRATION OF THE COLLECTIVE AGREEMENTS

(a) The Council shall have the ultimate responsibility for, and authority over, all grievances and disputes relating to any collective agreement, subject, however, to the following :

(i) Each constituent union shall be responsible for the handling, processing and expenses of any grievance that affects the members of only one constituent union. Employee grievances will be processed by the designated local representatives and/or General Chairman of the constituent union in accordance with the collective agreement and the internal procedures of that union.

(ii) Grievances that affect members of both constituent unions shall be referred to the Executive Board and the Executive Board can decide to participate in and/or contribute to the cost of the arbitration of the grievance.

(b) Subject to the provisions of this Constitution, all other matters of contract administration and dealings with the employer shall be handled by the authorized representative of each constituent union in accordance with the provisions of the collective agreement and the constitution of that union.

(c) The constituent unions agree that in any allegation or proceedings of unfair representation or other legal proceedings against the Council which arise due to the negligence or wrong doing of a constituent union or its officers or representatives and not by reason of the negligence or wrong doing of the Council, that constituent union concerned will be responsible for the payment of all related costs, penalties and liabilities.

ARTICLE X

FINANCES

(a) The Executive Board shall establish and administer a special fund, known as the "Council Fund" for the purpose of paying the office operating expenses of the Executive Board and/or the Bargaining Committee(s) in administering their responsibilities under this Constitution.

(b) Each constituent union shall share equally in the expenses referred to in paragraph (a) above consistent with each constituent union's policy.

(c) Each constituent union shall pay the salary and disbursements of its members on the Executive Board and the Bargaining Committee(s) in accordance with the constitution of each respective union.

ARTICLE XI

MISCELLANEOUS

(a) The Executive Board shall have the authority to adopt-such rules, procedures and/or bylaws as may be necessary in order to fulfil the obligations Provided herein or provided by the Canada Labour Code except that no such rules, procedures or bylaws shall be inconsistent with or contrary to this Constitution.

(b) For the purposes of its responsibilities as a Council as certified under the provisions of the Canada Labour Code, this Constitution and any rules, procedures and/or bylaws shall prevail over the constitutions ' rules, procedures and/or bylaws of any of the constituent unions.

(c) Subject to the provisions of the Canada Labour Code, the Council shall not be responsible for the actions or activities of any constituent union and/or its members or officers unless such actions or activities have been authorized by the Executive Board of the Council.

ARTICLE XII

AMENDING THE CONSTITUTION

(a) The Constitution may only be amended by a unanimous vote of the Executive Board of the Council.

(b) Any provision herein that is in conflict with the Canada Labour Code shall be deemed to be invalid but such invalidity shall not otherwise affect this Constitution and where such conflict occurs or where adequate provision has not been made for some matter, the Executive Board shall immediately meet in order to correct same and such corrections shall be deemed to be amendments to this Constitution effective as of the original date of this Constitution.

Dated at Ottawa, Ontario, this - day of February 1992.

RESOLVED, that United Transportation Union/United Transportation Union - Canada hereby applies to be a constituent union of the Canadian Council of Railway Operating Unions, and

BE IT FURTHER RESOLVED, that United Transportation Union/united Transportation Union - Canada hereby vests in the council full authority to act on its behalf with regards to all matters pertaining to certification and collective bargaining with (name of railway) said Council acting in the capacity of a council of trade unions within the meaning of the Canada Labour Code, on behalf of its constituent unions.

BE IT FURTHER RESOLVED ' that in the event the aforesaid Council is not certified or that any certification is revoked the bargaining rights subject to this resolution shall immediately revert to the United Transportation Union/United Transportation Union - Canada.

RESOLVED, that the International Brotherhood of Locomotive Engineers hereby applies to be a constituent union of the Canadian Council of Railway Operating Unions, and

BE IT FURTHER RESOLVED, that the International Brotherhood of Locomotive Engineers hereby vests in the Council full authority to act on its behalf with regards to all matters pertaining to certification and collective bargaining with (name of railway) said Council acting in the capacity of a council of trade unions within the meaning of the Canada Labour Code, on behalf of its constituent unions.

BE IT FURTHER RESOLVED, that in the event the aforesaid Council is not certified or that any certification is revoked the bargaining rights subject to this resolution shall immediately revert to the International Brotherhood of Locomotive Engineers.