Question 8
You asked: My question is in regard to passing a motion at the next general meeting touching the core issue and hardest points of disagreement or discontent by some members at this time regarding the strike vote delivery method. I intend to propose a motion regarding allowing members access to ratification package in electronic pdf form and allowing not less than 48 hours for members to revise package and make informed decision before voting. As well, I proposed to pass a motion that allows through a secure and confidential voting system consistent with Unifor constitutional requirements, for an efficient hybrid voting system using online software such as “simply voting” with the option of in person voting or electronically voting made available for the upcoming ratification vote and any future ratification and strike vote.
The reason for this motion:
1. Members should have adequate time to review agreements.
2. Members should have reasonable access to voting.
3. The constitution already recognizes secure confidential alternative voting systems.
4. Shift workers and distance dispersed members face participation barriers.
5. Higher participation strengthens union legitimacy and support.
Is there anything in this motion that perhaps lacks proper information, violates union constitution or disregards any by-laws???
Let’s get into it.
Let me start off by saying that this far exceeds the “in one sentence” parameter. Naturally, you are raising an extremely complex question that I will agree to answer on this occasion but for anybody reading this blog and thinking that this will be an ongoing request that I will accommodate, please think again.
However, I have determined that it can be very educational to walk through the steps of how I am going to answer this. It is something we should do together in a workshop but, alas, this forum is NOT a workshop. Let us begin.
[1] The starting place is to check with the Unifor Constitution regarding ALL language about (a) strikes (b) voting (c) bargaining (d) electronic technology for communication or meetings
[2] The next step is to do the same with the Local 111 Bylaws. ALL references to (a) strikes (b) voting procedures (c) motions at meetings (d) notice of motions for general meetings (e) bargaining (f) use of electronic technology for meetings and voting.
That will be our starting point, and I am sure that tangents will arise that we will follow to their necessary conclusions as well.
UNIFOR CONSTITUTION ARTICLES
I am beginning at the beginning and reading EVERY line in the Constitution. Something that every member should do at least once, preferably early in their career but better late than never. It is much easier when there is a specific purpose as we have here.
I am going to copy and paste articles directly from the constitution text with the appropriate citations. There will be a LOT of them and, after the entire Constitution is complete, I will categorize and make comments about what I think may be of value in some way or another.
It is important for the reader to note that not only do you want to make a legal motion, but you also want to make a compelling argument to have it pass as well.
ARTICLE 2: STATEMENT OF PRINCIPLES
Democratic
Unifor is a voluntary organization that belongs to its members. It is controlled by members and driven by members. Its role is to serve their collective interests in the workplace and in our communities. The life of Unifor is shaped by the essential ingredient of democratic participation. Democratic values are the foundation of all that we do. Our commitment to the principles and practices of democratic unionism define who we are and are reflected in our rules, structures and processes. (italics added)
Note that whenever YOU put the emphasis on a portion of what you are quoting/copying, it is very important to let the reader know that the emphasis is from you and not the original author. Credibility. Integrity. Never lose it.
Open and Inclusive
An engaged membership is critical to Unifor’s success. Engagement happens when ideas are welcome, involvement is encouraged and when the union actively develops the skills and understanding of its members….
Again, the 3 dot extension means the original text continues on but we are not relying on it. This allows the reader to appreciate the context of the quote.
You will also note that when I am doing research, I use multiple colours. I find this helps me compartmentalize topics and more rapidly find what I am looking for, especially in longer projects.
Accountable and Transparent
6. Unifor is committed to good governance, fair representation and clear rules and practices. …And the practice of transparency will be evident in our procedures…our decision making will be clear and relevant. (Italics and emphasis added)
Dynamic
8. We are building an organization that is innovative, always reviewing, evolving and improving. For Unifor, change is a constant. We are committed to learn from our efforts, modify our practices, and adopt new ways of conducting our activities. (Italics and emphasis added)
Union Renewal and Generational Change
12. The strength and dynamism of Unifor, at all levels, is based on union renewal. How the structures and practices of the union evolve over time; how the union is open to and receives new ideas,…(emphasis added)
ARTICLE 4: CODE OF ETHICS AND DEMOCRATIC PRACTICES
Democratic Practices
…
2. Democratic practices require the regular convening of meetings and bodies where members can participate freely and openly. All decisions affecting the welfare of members, their collective agreements and other terms and conditions of Unifor Constitution 2025 employment should be made through the bodies set out in the constitution in a manner allowing the fullest possible participation of members.
… (Italics and emphases added)
ARTICLE 5: MEMBERSHIP
…
An informed and active membership is the foundation of a democratic and dynamic trade union.
…
So far we have cited multiple Articles in the Constitution that are of the “philosophical” perspective. Many of the highlighted areas should find their way into a “background argument”. My objective is to provide tools to empower members to make real change. Nobody said it would be easy. Let me continue now to what will be the more “meat and potatoes” aspect of our research.
Unifor Constitution
ARTICLE 15: LOCAL UNIONS
11. The Local Union shall call a special recall meeting with a minimum of 7 days notice with the sole purpose of addressing the specific complaints identified in the petition. A quorum for a recall meeting shall be 50% of the members represented by the Executive Board member. A two thirds majority vote of those present shall be required to recall an elected Executive Board member. The vote shall be conducted by secret ballot or other secure and confidential voting system…(emphases added)
This gives clear authority to use an alternative to “secret ballot” voting.
8. Each Local Union shall establish its own set of rules to govern all of its elections. The rules must be consistent with the rules outlined in the Policy Regarding Local Union Elections, made by the National Union, and the following provisions:
(a) Votes shall be conducted by secret ballot or another secure and confidential voting system.
Again reinforcing the ability to use an alternative to secret ballot.
ARTICLE 17:
COLLECTIVE BARGAINING
ARTICLE 17: COLLECTIVE BARGAINING A: BARGAINING AUTHORITY AND RATIFICATION
1. All collective bargaining shall be supervised and coordinated by the President. The Secretary Treasurer, Québec Director, Regional Directors, Assistants to the National Officers, Department Directors and a National Representative shall act as assigned by the President to assist Bargaining Committees and ensure that the bargaining policies and strategies adopted by the National Union are implemented.
2. Collective bargaining shall be conducted with the participation of a bargaining committee elected by the Local Union or bargaining unit. Local Unions and bargaining committees shall be kept informed of all bargaining.
3. The process for election of local bargaining committees shall be fair and representative.
4. If an election of a Local Union bargaining committee is not practical, the President may approve the appointment of a committee.
Ratification
11. Any contract entered into through collective bargaining or otherwise concerning terms and conditions of employment shall be ratified by a secret ballot vote of members at a meeting called to ratify the agreement, or by another established process, or special process approved by the President, unless otherwise established or required by law. (emphases added)
12. Ratification shall be by a majority of those voting.
B: STRIKE AUTHORIZATION
1. Strike action by a Local Union or Bargaining Unit or by a group of Local Unions and Bargaining Units must have prior strike authorization by the President.
2. Strike authorization by the President shall require a legal strike vote within the appropriate jurisdiction conducted by secret ballot or another secure, confidential voting system.(emphases added)
Those are all of the relevant sections of the Constitution and it is abundantly clear that alternative voting is sanctioned.
LOCAL 111 BYLAWS
Article 4
OBJECTIVES
4.01 To provide a democratic form of government within Local 111 based on the principal of the rank-and-file members being the highest body, subject to the provision of the Unifor National Constitution and these Bylaws. …
7.13 At a General Membership Meeting twenty-five (25) members present shall constitute a quorum. The Chair must allow a fifteen (15) minute grace period to achieve a quorum. If a quorum is not achieved, then an information meeting will be held. The Recording Secretary is required to make a record of the proceedings.
7.14 Posting Notices of Motion
(a) A written submission must be delivered to the Union Office before the posting deadline for the General Membership Meeting (E-mails and faxes are okay)
(b) The name(s), seniority number(s) and the signature(s) of the mover(s) must appear on the submission.
(c) All submissions are subject to modifications for brevity and clarity, and subject to the mover’s approval, not changing the intent of the motion.
(d) Motions must be posted with the name(s) of the member(s) submitting the notice at all Properties for at least fourteen (14) days prior to the following General Membership Meeting.
7.15 If a Notice of Motion(s) is present at two (2) consecutive monthly General Membership Meetings where no quorum is achieved then for continuity purposes the Executive Board shall decide the issue(s).
The only exceptions being June and November, where if no quorum is achieved the Executive Board shall decide the issue(s) at its next meeting.
7.16 Any motions dealt with under Article 7.15 of these Bylaws must be reported at the next General Membership Meeting.
7.44 Members may first speak on a question and, without exception, must wait until all first speakers have concluded, then they may speak again – except the mover who may respond.
7.45 A majority vote shall decide all questions.
7.46 No amendment to a motion under consideration shall be admitted without the permission of the member who has the claim of legal right to said motion.
7.47 The vote shall be expressed by a show of hands, affirmative and/or negative as taken by the Sergeant-at-Arms/Guide.
Article 14 BARGAINING COMMITTEE
14.01
(a) The Bargaining Committee shall consist of four (4) elected members from Local 111 at large. …
The President, by virtue of office, is an ex officio member of this committee.
(b) All Standing Committees shall be consulted by the Bargaining Committee before and during the bargaining process as required.
14.04 A Membership Survey for Bargaining shall be ready for the year two (2) spring sign up.
The results of said survey shall be posted after Bargaining is concluded.
Article 15 ELECTION COMMITTEE
15.01
a) The Election Committee shall consist of three (3) members in good standing. They shall be elected for a term of three (3) years.
b) The Committee shall supervise all elections and votes held during its term except for their own election.
d) The Election Committee shall follow the Unifor Local 111 Elections Policies and Procedures Guidelines as adopted by the Membership at the General Meeting with two thirds (2/3) votes of Members present and voting.
We have now completed our analysis of both the Uniform Constitution and Unifor Local 111 Bylaws. They are the two authorities that govern how you must present your motion and if you motion is “legal”. That is to say, does your motion “violate” any article in either the Constitution or the Bylaws?
In your initial “question”, there were 2 motions and 3 philosophical statements.
To proceed you will have to clarify and be very specific about what your motions should be.
I WILL MAKE A NECESSARY STATEMENT HERE….THIS SITE IS EDUCATIONAL AND A RESOURCE. THERE IS A DIFFERENCE BETWEEN ADVOCACY AND EDUCATION. I CANNOT MAKE YOUR MOTIONS FOR YOU, I CAN ONLY TELL YOU WHAT YOU MUST DO TO MAKE SURE THEY ARE NOT “OUT OF ORDER” AND HOW YOU MUST FOLLOW UP WITH THE VARIOUS STAGES OF PRESENTING A MOTION AT A GENERAL MEMBERSHIP MEETING.
Having said that, I have determined that there are two distinctly different motions you actually want to make.
MOTION 1
You want a motion that states that the membership has time to review and analyze whatever subject matter is being presented for a vote. If it is a strike vote you want the membership to know what the critical issues are, etc in advance of a strike vote. If it is a ratification vote of a tentative agreement, you want the membership to know ALL of the changes made and the significance of each change. This knowledge has to be provided in advance of the actual vote in a manner that is [1] factually accurate and [2] timely in that it gives the membership sufficient time to analyze and discuss before coming to an “informed decision”. This principle should apply for ALL votes. The absolute minimum time to analyse and discuss would be 48 hours but MOST Unions that conduct an “open” approach to voting allow up to 5 days of information in hand before the vote date.
MOTION 2
The second motion you want to make is with respect to “virtual voting” or “online voting” so that members who cannot vote in person for ANY reason are not disenfranchised. The wording should be quite restrictive in that it should NOT allow for ONLY “secret ballot” in person voting. Your intent is for inclusion and that can allow for BOTH in person AND online voting.
MOTION 3
Although you have not referred to this motion in your question, it is imperative that you also include voting “over a period of time”. This may be multiple meetings, virtual or otherwise, but, regardless if there are meetings, there must be “multiple days” over which the membership can vote – either in person or virtually.
The third motion completes your thought process for membership inclusion.
Finally, I would like to prepare you for your debate in the membership meetings.
Although the Bylaws make it clear that it is the “Election Committee” that “supervises” the voting process, they are NOT the deciding body. It is clear in the Bylaws that the membership at General Meetings is the ultimate director of policy. The Election Committee only APPLIES the policies that the membership has directed them to follow.
This has been a very lengthy post. I feel that it should give you and several other members the tools to present motions for changes you would like to see. I hope so. Thank you for your question.
In closing I will say that I am an educator and not an advocate. You are all going to have to learn to fight for yourselves. I will help as much as I can.
Thank you for your question.