BY-LAW 12 - DISCIPLINE

Section 1

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 13, Section 3. 

Section 2

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 is found that they have contravened any provision of these By-Laws or the Constitution or for cause listed in By‑Law 13, Section 3.

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‑essential services 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.

Section 4

  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 authorized 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.