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Resolution B5 (Provincial Executive)

BE IT RESOLVED that Bylaw I (page 10) be deleted and the following substituted therefore:

I.    OBJECTIVES and DEFINITIONS
DEFINITIONS
In the Bylaws and policies of the Society, the following shall be defined as follows:
“Active Member in good standing” shall mean every person who holds a legal certificate of qualification, or a limited teaching permit to teach in Manitoba, who is employed as a teacher in a public school and who has paid such fees, if any, required pursuant to the bylaws or policies of the Society, and who has not terminated his or her membership in accordance with the Constitution, and includes a teacher who is in receipt of a pension pursuant to The Teachers Pension Act but has not retired from employment with a division.
“Associate Member in good standing” shall mean every person who holds a legal certificate of qualification, or a limited teaching permit, to teach in Manitoba, and who is
(i)   a teacher who is teaching in a school operated by a First Nation where the Society or a local association is the bargaining agent for the teachers in a school  that  has been  designated by the Provincial Executive and for greater certainty, includes associate members who belong to a remote local association which was subject to a collective agreement on or before September 1, 1995 and who are still subject to a collective agreement, which teachers shall have the same rights, privileges and benefits and be subject to the same liabilities, restrictions and membership fees as active members; or who is:
(ii)  a teacher not employed as a teacher, including retired teachers who are collecting a pension pursuant to the Teachers’ Pension Act, but are no longer employed as teachers;
(iii) a teacher teaching in a private school where the Society or a local association is the bargaining agent for the teachers in a school that  has been designated by the Provincial Executive; or
(iv) an instructor in a school or educational institution that is not a public school, university or community college where the Society or a local association is the bargaining agent for the teachers in such a school or educational institution that  has been designated by the Provincial Executive,
and who applies for Associate Membership, who pays any fees which may be required, and who has not terminated his/her membership in accordance with the Constitution.
“Honorary Member” shall mean any person who is appointed by Provincial Council as an Honorary Member in recognition of an outstanding contribution to public education in Manitoba or outstanding service to the Society, as may be outlined in the Society’s bylaws from time to time.

“Life Member” shall mean any person who is nominated by the Provincial Executive and elected by the Provincial Council as a Life Member in recognition of service, as may be outlined in the Society’s bylaws from time to time.
“Member” shall mean collectively, an active, associate or student member in good standing, a Life Member or an Honorary Member.

“Policy” shall mean a Policy of the Manitoba Teachers’ Society approved at the annual general meeting of Provincial Council.
“Provincial Council” shall mean the Provincial Council of the Manitoba Teachers’ Society.
“Provincial Executive” shall mean the Provincial Executive of the Manitoba Teachers’ Society.
“Society” shall mean the Manitoba Teachers’ Society.
“Student Member in good standing” shall mean a student enrolled in a course of studies that is recognized by the department of education as leading to qualification as a teacher, and who applies for Student Membership annually, and who meets any further requirements as may be outlined in the Society’s bylaws from time to time.

Resolution B6 (Provincial Executive)
BE IT RESOLVED that Bylaw II (2) and (4) (page 11) be amended as follows:
II.   PROVINCIAL COUNCIL
(2) Locals shall select representatives to Provincial Council in accordance with the Society’s Constitution. For greater certainty, every Local shall, from its members, select one representative for each fifty (50) members of the Local who pay the equivalent of the dues of an active member in good standing employed full-time; but where the membership of the Local divided by the number fifty (50) who pay the equivalent of the dues of an active member in good standing employed full-time, leaves a remainder of twenty-six (26) or more, the Local is entitled to, and shall select an additional representative to the Provincial Council, but no Local shall have fewer than two representatives on Provincial Council.
(4)  Teachers who are in receipt of a pension pursuant to The Teachers’ Pensions Act but who have never retired from their employment with a Division shall be eligible to be representatives to Provincial Council.

Resolution B7 (Provincial Executive)

BE IT RESOLVED that Bylaw III B. (page 11) be deleted and the following substituted therefor:
III. NOMINATIONS AND ELECTIONS
B.   Nomination and Election of the President
      The President of the Manitoba Teachers’ Society shall be elected in accordance with this Bylaw:

1.   Voting Constituency and Term of Office
(a)     Only active members in good standing or associate members in good standing who are employed by First Nation schools previously designated by Provincial Council shall be entitled to:
         (i)   run for office;
         (ii)  nominate other such active or associate members in good standing; and
         (iii) vote for president and  vice-president.
   (b)  Notwithstanding B.1. (a), in the case of active or associate members in good standing who are substitute teachers, only such teachers who have worked as substitute teachers for at least the equivalent of 40 full days during the current school year, shall be entitled to run for office, nominate other active and associate members in good standing  and vote for president unless that teacher previously retired from a school division and is in receipt of a pension pursuant to the Teachers’ Pension Act in which case that teacher shall not be entitled to run for office, nominate other members to run for office or vote in the election for president.  For greater certainty, a teacher who is in receipt of a pension pursuant to The Teachers’ Pension Act, but who has never retired shall be entitled to run for office, nominate other active or associate members in good standing and vote for president.
   (c)  The president shall be elected for a two-year term and shall be  eligible for re-election for one additional term.  Where a President does not seek re-election or is not re-elected, the president shall serve one additional year as past president.
2.      Nominations
      (a)  The Chief Returning Officer shall cause a notice to be sent to all local associations and schools not later than one hundred and twenty (120) calendar days prior to the day fixed for the election, which notice shall set out the date of the election, call for nominations and establish the date and time nominations must be received in writing by the Chief Returning Officer.
      (b)  Subject to section 1(a) and (b), an active or associate member in good standing may be nominated for president as long as that member’s nomination is supported by the signatures of at least twenty-five (25) active or associate members in good standing.  Each member nominated who wishes to accept the nomination must do so in writing.
      (c)  All nominations and acceptances must be received by the Chief Returning Officer no later than sixty (60) calendar days prior to the date of election.  Upon receipt of the proper documentation the Chief Returning Officer shall send an acknowledgement of receipt to the member nominated.
3.   Chief Returning Officer
      The Chief Returning Officer shall:
      (a)  conduct the election in accordance with the Bylaws and policies of the Society;
      (b)  appoint deputy returning officers and other officials as required;
      (c)  provide ballots to members in good standing in accordance with Bylaw III. 4;
      (d)  subject to the appeal process, interpret and apply this Bylaw;
      (e)  recount ballots if a tie occurs and if votes are still tied following the recount, immediately call a run-off election pursuant to Article B.7;
      (f)   declare elected the candidate receiving the largest number of votes;
      (g)  report the election results to the Annual General Meeting of Provincial Council in the year in which an election is held.  The report of the Chief Returning Officer may also include matters relating to the application and operation of this Bylaw and related policies of the Society.

4.   Specific Election Procedures
      (a)  Thirty (30) days prior to the day fixed for the election the Chief Returning Officer shall mail the appropriate ballots to all members who are entitled to vote.
      (b)  Notwithstanding section 4. (a), if the Chief Returning Officer decides that it would facilitate member’s participation in the election, he/she will mail the appropriate ballots to each school representative as a package for distribution to every member who is entitled to vote and in that event the Chief Returning Officer shall establish a date for members to redeliver their ballots to the school representative for return to a designated box number in accordance with this bylaw.
      (c)  Ballots shall be used for the election of president and the Chief Returning Officer shall arrange for the names of each candidate to be printed on the ballot in alphabetical order.
      (d)  Any member who is eligible to vote who does not receive a ballot may, not less than twenty-one (21) days prior to the day fixed for the election apply to the Chief Returning Officer for a ballot.  The Chief Returning Officer shall issue such a ballot upon receipt of an affidavit from the eligible member attesting to non-receipt by regular mail or through a school representative. 
      (e)  The Chief Returning Officer shall develop a security device or system, for the election in an effort to  ensure that any returned ballot was a ballot that was originally provided by the Chief Returning Officer, provided that there shall be no marking or other evidence on the ballot which may in any way impair the secrecy of the vote.
      (f)   To be counted in the election, ballots shall be returned by members or school representatives to a designated box number in Winnipeg by not later than 9 am on the date fixed for the election.
      (g)  The Chief Returning Officer shall not remove the ballots from the box earlier than 9:30 am on  the morning of the date fixed for the election.
      (h)  The Chief Returning Officer shall appoint a committee comprised of at least five (5) persons who shall be appointed as Deputy Returning Officers to count the ballots on election day in the presence of any scrutineers appointed by the candidates.
      (i)   The results of the election shall be announced by the Chief Returning Officer as soon as reasonably practicable after the ballots are counted and recorded.
      (j) After the ballots are counted, they shall be placed in a sealed container by the Chief Returning Officer in the presence of the members of the committee.  They shall be retained until all appeal periods have expired or any appeal has been dealt with in accordance with this bylaw, following which they shall be destroyed.  
5.   Appeals
      (a)  Any candidate who has reasonable grounds for believing that any irregularity has affected the outcome of the election may file an appeal with the Chief Returning Officer within fourteen (14) calendar days of the election.  The appeal shall set out the grounds of the appeal and the particulars thereof.
      (b)  Upon receipt of an appeal alleging an irregularity which affected the outcome of the election, the Chief Returning Officer shall:
            (i)   immediately send a copy of the appeal to all other candidates;
            (ii)  conduct an investigation to determine whether in the opinion of the Chief Returning Officer:
                  a.   an irregularity has occurred, and
                  b.   such irregularity affected the outcome of the election.
            (iii) if the grounds of the appeal are established, order a by-election to be held in accordance with the by-election procedures set out in Article B.6 of this Bylaw;
            (iv) if the grounds of the appeal are not established, dismiss the appeal and confirm the election results; and
            (v)  notify all candidates of the outcome of the appeal.
      (c)  Should the appellant disagree with the decision of the Chief Returning Officer under Article B.5(b) of this Bylaw, an appeal may be made to the Annual General Meeting of Provincial Council immediately following the election by filing a Notice of Appeal in the form set out as follows with the Chief Returning Officer prior to the first sitting of the meeting.

      (d)  The appeal shall be dealt with by Provincial Council following receipt of the report of the Chief Returning Officer.  The decision of Provincial Council shall be final and binding on all candidates.
      (e)  The appellant and affected candidates or their representatives shall be entitled to make representations regarding the appeal to Provincial Council.
      (f)   Where the margin between the elected candidate and the defeated candidate is not more than five percent (5%) of the total ballots cast, any defeated candidate may request a recount by the Chief Returning Officer within fourteen (14) calendar days of the election.
      (g)  Upon receipt of a request for a recount, under Article B.5(f) of this Bylaw the Chief Returning Officer shall:
            (i)   appoint a committee consisting of not fewer than three (3) members in good standing to conduct a recount of the ballots prior to the next Provincial Council meeting; and
            (ii)  notify the appellant and all affected candidates of the time, place and reason for the recount.
      (h)  The appellant and candidates who may be affected by the appeal and their agents are entitled to be present when the committee conducts the recount.  When conducting the recount the committee shall:
            (i)   examine all ballots cast to determine whether they should be accepted or rejected;
            (ii)  recount the ballots; and
            (iii) declare the winner on the basis of the recount unless in the opinion of the committee, an irregularity occurred which affected the outcome of the election, in which case the committee shall call a by-election in accordance with Article B.6 of this Bylaw.
      (i)   All decisions of the committee regarding the matters set out in Article B.5 of this Bylaw shall be determined by majority vote and are final and binding on the appellant and all candidates affected by the appeal.
6.   By-elections
      (a)  Should the office of president become vacant, the vice-president shall assume the office of president.  If the vice-president is unable or unwilling to assume the presidency, the Chief Returning Officer shall:
            (i)   call a by-election if the vacancy occurs within the first fifteen (15) months of the term, and request the Provincial Executive to appoint a member of the Provincial Executive as acting president until the by-election is held; or
            (ii)  if the vacancy occurs after the first fifteen (15) months of the term, request the Provincial Executive to appoint a member of the Provincial Executive as acting president for the remainder of the term.
      (b)  By-elections shall be conducted by the Chief Returning Officer in accordance with Article B.3 of this Bylaw and the following procedures:
            (i)   the Chief Returning Officer shall set the date for the by-election which date shall be held within ninety (90) calendar days of the vacancy;
            (ii)  notices containing the information set out in Article B.2(a) of this Bylaw shall be sent to local associations and schools at least forty-two (42) calendar days prior to the date of the by-election; and
            (iii) nominations shall be conducted in accordance with Articles B.2(b) and (c) of this Bylaw, except that nominations and acceptances must be received not later than twenty-one (21) calendar days prior to the date of the by-election.
      (c)  A by-election candidate may file an appeal in accordance with Article B.5 of this Bylaw.
7.   Run-off Elections
      (a)  Candidates tied for first place in an election or by-election shall be the only candidates in a run-off election.
      (b)  Run-off elections shall be conducted by the Chief Returning Officer in accordance with Article B.3 of this Bylaw and the following procedures:
            (i)   the Chief Returning Officer shall set the date for the run-off election, which date shall be held within thirty (30) calendar days of the election or by-election which resulted in the tie; and
            (ii)  notice of the run-off election, together with the names of the candidates shall be sent to local associations at least twenty (20) calendar days prior to the date of the run-off election.
            (c)  A run-off election candidate may file an appeal in accordance with Article B.5 of this Bylaw.
NOTE: Bylaw III.C. Election of Vice President and Provincial Executive at the AGM remains the same.

Resolution B8 (Provincial Executive)

BE IT RESOLVED that Bylaw X (page 17) be deleted and the following substituted therefor:
X.  MEMBERSHIP
(1)  Members shall have the rights, privileges and benefits, and be subject to the liabilities and restrictions set out in the bylaws and policies of the Society.

X.1      MEMBER RIGHTS, RESPONSIBILITIES AND ACCESS TO SOCIETY SERVICES
(1)  The Code of Professional Practice shall apply to all active, associate and student members in good standing.
(2)  Subject to Bylaws II. (4), III.B.1 (a) and (b) and this bylaw, all active and  associate members in good standing shall be entitled to:
      (i)   nominate other active or associate members in good standing  to run for, or themselves run for, Provincial Executive;
      (ii)  be a representative to the annual general meeting of Provincial Council;

1. coverage under the Society’s liability insurance policy while carrying out any school related activities during their employment within  the Manitoba public school system;
2. all services, including legal services, normally provided in accordance with the Society’s policies, as may be amended from time to time.

(3)  All other active or associate members in good standing, including those who have previously retired from a school division and who are in receipt of a pension pursuant to The Teachers’ Pension Act  shall only be entitled to:
(i)   be members of any Special Area Group;
(ii)  a copy of the Society’s annual Handbook and other publications, such as the Manitoba Teacher, as determined by the Provincial Executive; and
      (iii) coverage by the Society’s liability insurance policy while carrying out any school related activities during their employment within  the Manitoba public school system.
      (iv) legal services normally provided to members in accordance with any obligation the Society or its locals may have to represent the member in relation to the administration of any applicable collective agreement.
(4)  All student members in good standing shall be entitled to:
      (i)   be members of any Special Area Group;
      (ii)  a copy of the Society’s annual Handbook and other publications, such as the Manitoba Teacher, as determined by the Provincial Executive; and
      (iii) coverage by the Society’s liability insurance policy while carrying out any school related activities during their school practicum within Manitoba.
(5)  All life members and honourary members shall receive publications or other information, as determined by the Provincial Executive.
X.2 MEMBERSHIP YEAR AND FEES
(1)  The membership year shall be from the first day of July to the thirtieth day of June next ensuing.
(2)  For all members, except life members, honorary members, associate members in good standing who have retired from a school division and are in receipt of a pension pursuant to The Teachers’ Pension Act and student members in good standing, it shall be a condition of membership in The Manitoba Teachers' Society and in a division association and local association of The Manitoba Teachers' Society that every person who is a member pay all premiums of insurance in respect of any scheme or program of insurance that The Manitoba Teachers' Society undertakes and operates as an insurer, including any scheme or program of insurance wherein The Manitoba Teachers' Society enters into a contract with an insurer to insure all or part of its liability under the scheme or program of insurance.
(3)  Any insurance premium payable by a member shall be part of the annual membership fee to The Manitoba Teachers' Society.
(4)  The scale of membership fees, including any insurance premiums where applicable, for active, associate and student members in good standing of The Manitoba Teachers' Society shall be set annually by resolution of the annual meeting of the Provincial Council, and in addition, for administrators the annual fee approved at the annual general meeting of the Council of School Leaders (COSL).
(5)  No division association or local association of The Manitoba Teachers' Society shall adopt any bylaw or pass any resolution, or amend its constitution in order to permit the division association or local association, or any member thereof, to withdraw from and/or opt out of any scheme or program of insurance undertaken or operated by The Manitoba Teachers' Society, including any scheme or program of insurance wherein The Manitoba Teachers' Society enters into a contract with an insurer to insure all or part of its liability under the scheme or program of insurance.
(6)  Notwithstanding sections (2) and (5), those members of The Manitoba Teachers' Society who remain eligible for a disability allowance under Section 19 or 20 of The Manitoba Teachers' Pensions Act of Manitoba, and those members who elected not to accept coverage during an open enrolment period or who declined coverage after December 31, 1980 shall not be covered under any scheme or program for long term disability and shall not be required to pay premiums for any scheme or program for long term disability which The Manitoba Teachers' Society undertakes and operates as an insurer to insure all or part of its liability under the scheme or program.
(7)  Notwithstanding Sections (2) and (5), the Provincial Executive of The Manitoba Teachers' Society may, in writing, permit any division association or local association, or any active member of The Manitoba Teachers' Society to withdraw from and/or opt out of any scheme or program of long term disability insurance undertaken or operated by The Manitoba Teachers' Society as an insurer, or wherein The Manitoba Teachers' Society enters into a contract with an insurer to insure all or part of its liability under the scheme or program.
(8)  Notwithstanding Sections (2) and (5) above, any person who is a member shall be subject to all the terms and conditions of any plan document or policy of insurance governing any scheme or program of insurance that The Manitoba Teachers' Society undertakes and operates as an insurer, including any scheme or program of insurance wherein The Manitoba Teachers' Society enters into a contract with an insurer to insure all or part of its liability under the scheme or program of insurance.  Such terms and conditions shall include, but shall not be limited to, issues of eligibility for coverage, late entry into the scheme or program of insurance and other plan document or policy provisions that may restrict or otherwise limit available coverage.