B-5 BY-LAW 12 – STEWARDS
12.1. Definition A steward shall be an official representative of the Institute when appointed by the Institute. The employer shall be notified of the appointment by the Institute. Only a Regular member may be a Steward.
12.2 Duties and Responsibilities The duties and responsibilities of a Steward shall be as defined in the Regulations.
12.3 Term Stewards shall be appointed for a term as specified in the Regulations.
12.4 Methods of Selection The following methods shall be used to recommend appointments of Stewards by the President:
12. 4.1 By Election By virtue of being elected by members in his area of jurisdiction.
12.4.2 By Appointment The authority to appoint a Steward rests exclusively with the President.
12.4.2.1 Sub-Group, Branch and Regional Executives may recommend Stewards appointments to the appropriate Group Executive which, in turn, may recommend the appointment to the President.
12.4.3 Board of Directors By virtue of being a Regular Member who is member of the Board.
12.5 Re-Appointment of Stewardship The authority to renew a Steward’s terms rests exclusively with the President. Upon expiry of the term of Stewardship, a Steward may be re-appointed as follows:
12.5.1 By Re-Election Upon being re-elected by members in his area of jurisdiction.
12.5.2 By Renewal Subject to the recommendation of the appropriate Group Executive, by choosing to renew his term of office, unless the member loses an election for the position of Steward.
12.6 Termination of Stewardship A member shall cease to be a Steward for any of the following reasons:
12.6.1 If he ceases to be a Regular member of the Institute.
12.6.2 If he is no longer employed in the area of jurisdiction.
12.6.3 If notification of his resignation as a Steward is received at the Institute National Office.
12.6.4 If he is not reappointed following expiry of his Stewardship.
12.6.5 Where the member is a Steward only by virtue of serving on the Board, his Stewardship shall end when his term of office expires or when he ceases to be a Regular member.
12.6.6 If he loses an election for the position of Steward.
12.6.7 If a complaint from a member results in a recall vote which the Steward subsequently loses.
12.6.8 Allegations of misconduct, as set out in By Law 24, made against a steward shall be dealt with in accordance with the Dispute Resolution and Discipline Policy.
B-5 BY-LAW 12 – STEWARDS - Appendix A
Resolutions Sub-Committee Comments- The purpose of this By-Law amendment is to remove references Steward elections, based on the following:
i. The authority to appoint a Steward rests solely with the President pursuant to By-Law. 12.4.
ii. While an election is one mechanism to recommend a steward for appointment, pursuant to 12.4.1, no such election has ever taken place.
iii. This is likely because the Institute, for many years, has welcomed all members who wish to become stewards to apply in the normal manner so their applications may be considered by the President. Therefore, it has been unnecessary to hold elections for Stewards.
iv. A constituent body is free to nominate an individual to become a steward in accordance with By-Law 12.4.2.1. This ability obviates the need to hold an election, as the will of the Branch membership can be expressed through the recommendation. Likewise, given the wording at By-Law 12.4, a steward election is no more than a means to recommend the appointment of a steward; the authority to appoint the steward remains exclusively with the President.
v. The process for holding such an election is set out in Regulation 12.4.1. It calls for the Executive Committee to appoint an elections committee to administer the election and send a call for nominations in the “area of jurisdiction”. The term “area of jurisdiction” is not defined in the Institute’s By-Laws, Regulations or in the Steward Policy. In practice, we do not have areas of jurisdiction.
vi. The election process set out in the Regulation further requires the elections committee to provide all members in the area of jurisdiction with an opportunity to vote. It does not provide any information about how many stewards may potentially be elected as a result of this election.
vii. A significant amount of effort and potentially resources are involved in carrying out an election which will ultimately result in one or more individuals being recommended for appointment as stewards. The President will choose to accept or reject those recommendations. The Executive Committee should not be bound to engage time and resources in a process that will not achieve any palpable results.
viii. As such, unless the Institute wishes to restrict the number of applications for stewardships to be considered in the normal manner, the election process serves no useful purpose. Even when more individuals apply than the Institute feels is required, the President may keep that consideration in mind that as part of her decision-making process when determining whether or not to accept the recommendation.
Finally, it should be noted that the Board currently interprets By-Law 12.4.1 and Regulation 12.4.1 in the following manner:
The Executive Committee will not cause a stewards election to be held unless it has determined that it is necessary to limit the number of steward applications that are to be received in the normal manner set out at By-Law 12.4.2.1 and 12.4.2.2. In the event that such an election is called, the Executive Committee shall establish the area of jurisdiction having regard to all the circumstances and on a case-by-case basis.