The Executive Council shall have the authority by resolution passed by
a majority consisting of two-thirds (2/3) of those eligible to vote, to
recommend to the National Board of Directors of the PSAC, suspension of
membership in the PSAC for such period as may be deemed appropriate in
the particular circumstances, if it is found that they have contravened
any provision of these By-Laws or the Constitution or for cause listed
in By-Law 11, Section 3.
The Executive Council shall have the authority by resolution
passed by a majority consisting of two‑thirds (2/3) of those
eligible to vote, to remove from office and deny the right to hold any
office for a period not exceeding five (5) years, any member of a Local,
any officer of a Local or any officer of the Executive Council if it found
that they have contravened any provision of these By‑Laws or the
Constitution or for cause listed in By‑Law 11, section 3.
A member or an officer of the Local or officer of the Executive Council
is guilty of an offence against these By‑Laws who:
(1) violates any provision of the
Constitution, or these By-Laws;
(2) obtains membership or solicits
membership by misrepresentation;
(3) institutes, urges or advocates
that a member institute action in a court of law against the PSAC, UTE
or any of its constituent parts or any of its officers without first
exhausting all remedies through appeal within the PSAC or the UTE;
(4) other than through proper union
channels advocates or attempts to bring about the withdrawal from the
PSAC, UTE, or Locals of any member or group of members;
(5) wilfully publishes or circulates
among the members false reports or misrepresentations;
(6) works in the interests of a rival
organization against the PSAC, UTE or Locals;
(7) slanders, libels or wilfully wrongs
an officer or member of the PSAC, UTE or Locals;
(8) uses abusive language or disturbs
the peace of any meeting or around any office or meeting place of the
PSAC, UTE or Locals;
(9) fraudulently receives or misappropriates
any monies due to or received by the PSAC, UTE or Locals;
(10) uses the name of UTE for soliciting funds
or advertising without the consent of the Executive Council;
(11) furnishes without prior authority a list
of any information on the membership of the PSAC, UTE or Locals, to any
person or persons other than those whose official position in the PSAC
or UTE or Locals, would entitle them to have such information;
(12) deliberately interferes with an official
of the PSAC, UTE or Locals, in the discharge of duties;
(13) engages in any other conduct prejudicial
to the good order and discipline of the PSAC, UTE or Locals;
(14) if non‑designated employees cross the
picket line of their own bargaining group;
(15) sexually or personally harasses another member
or employee of UTE; or
(16) violates the Regulation regarding UTE delegates
to PSAC Convention.
(1) Any member in a legal strike
position, who either crosses the picket line or is paid by the employer
not to participate in strike action, or performs work for the employer,
unless required to do so by law, or who voluntarily performs struck work
shall be subject to a financial penalty.
(2) The procedure for handling financial
penalties shall be in accordance with the Constitution.
(3) Locals shall be authorised to
undertake all necessary steps in order to collect any financial penalties
imposed up to and including formal legal proceeding. Those financial
penalties collected shall be the property of the Local.
