MANITOBA ASSOCIATION OF GOVERNMENT ENGINEERS

CONSTITUTION

PREAMBLE

These Articles, in general, pertain to matters of Group organization not covered specifically by the By- Laws and Regulations of The Professional Institute of the Public Service of Canada and are made pursuant to those By-Laws.

DEFINITIONS

"Institute” and/or “PIPSC" means “The Professional Institute of the Public Service of Canada".

"Members" means those who meet the requirements of Article 3 Membership.

"Employer" shall be as defined in the Group's collective agreement.

“Group” and/or “MAGE” means “The Manitoba Association of Government Engineers”.

“President” means President of the Group unless otherwise specified.

“Vice-President” means Vice-President of the Group unless otherwise specified.

“Regular Member” shall be as described in the By-laws and Regulations of the Institute.

“Retired Member” shall be as described in the By-laws and Regulations of the Institute.

ARTICLE 1:  NAME

The name of this Group shall be “The Manitoba Association of Government Engineers” of The Professional Institute of the Public Service of Canada.  The abbreviated name of the Group shall be “MAGE”.

ARTICLE 2:  OBJECTIVES

The objectives of the Group shall be to: further the professional interests of its members; protect the status and standards of their profession; formulate and express the views of the members on matters affecting them; and ensure that the interests of the Group are represented in all proceedings of the employer and of the Institute that may affect the Group. 

The Group Executive shall speak for the Group in dealing with the Institute.  This in no way infringes on the right of an individual to approach the Institute on his own behalf.

ARTICLE 3:  MEMBERSHIP

3.1 Any member who belongs to the Group and who is a Regular member of the Institute shall also be a Regular member of the Group.

3.2 Any Regular member of the Group who becomes a Retired member of the Institute shall also become a Retired member of the Group.

ARTICLE 4:  RIGHTS OF MEMBERS

4.1 Only Regular members of the Group shall be eligible to vote on matters related to collective negotiations, including the method of dispute resolution and the ratification of proposed collective agreements.

4.2 Only Regular members of the Group shall be: eligible to nominate members for positions on the Group Executive; propose amendments to the Constitution and By-Laws of the Group; participate on the negotiations committee; and vote in Group affairs.

4.3 All members shall be eligible to attend and speak at Annual General Meetings and Special General Meetings of the Group.

ARTICLE 5:  FINANCES

5.1 The fiscal year of the Group shall be the calendar year.

5.2 The Group Executive shall expend such monies as it considers necessary to conduct business of the Group.

5.3 Group funds will be maintained in an account assigned by the Institute. 

5.4 Signing officers are elected or appointed by the Constituent Body Executive with the decision being recorded in the appropriate minutes.  There should be a minimum of three signing officers.

5.4.1 Signatures: All cheques shall have the signature of two signing officers.  A signatory cannot also be the payee.

5.4.2 Records: A written account shall be kept of all expenditures.

5.5 As required, auditing and verification procedures shall be carried out by members of the Institute who are not responsible for the administration of Group funds.

ARTICLE 6: GROUP EXECUTIVE

6.1 Composition: The Group Executive shall be elected by and from the Group Members.  The Group Executive shall be composed of Executive Officers and Members-at-Large up to the maximum permitted by Institute By-Laws.

6.1.1 Executive Officers shall comprise a President, a Vice-President, a Secretary and a Treasurer. 

6.2 Each member of the Group Executive shall be elected for a term of two (2) years.  At each Annual General Meeting, elections for positions on the Executive shall be conducted as flows: during odd numbered years the President, Secretary and one Member at Large shall be elected; during even number years, the Vice President, Treasurer and two Members at Large shall be elected. 

6.2.1 Meetings The Group Executive shall meet as frequently as is required, but at least twice a year.

6.2.2 Quorum A quorum shall consist of a majority of the members of the Group Executive.

6.2.3 Voting Decisions shall be by majority vote.

6.3 Vacancies

6.3.1 If the position of the President becomes vacant for any reason, the Vice-President shall become President until the next election.

6.3.2 If a position, other than that of the President, becomes vacant for any reason, the remaining officers of the Executive may, at their next meeting, act to fill the vacancy until the end of the original term of office.

6.3.3 Any officer who is absent from two (2) consecutive meetings of the Executive without valid reason shall be considered to have resigned from the Executive.

6.4 Duties

6.4.1 The President shall call, and whenever possible preside at, all meetings of the Group and of the Group Executive.

6.4.2 The Vice-President shall assist the President in the performance of his duties, and in the absence of the President, perform the duties of that position.

6.4.3 The Secretary shall be responsible for sending notices of all meetings of the Group and of the Group Executive. The Secretary shall record minutes of meetings, including attendance, maintain records and correspondence of the Group and of the Group Executive, and shall ensure that a copy of minutes are filed with the Institute.

6.4.4 The Treasurer shall maintain the financial records of the Group as required by Institute policy, prepare a financial report for each Annual General Meeting of the Group, submit a detailed financial statement to the Institute as required, and prepare the request for the annual allowance of the Group.  Copies of the financial report shall be available to all Group members.

6.4.5 Members-at-Large shall perform such duties as may be assigned by the Executive.

6.4.6 The Executive may establish committees as necessary, with terms of reference and membership to be decided by the Executive.  Committees shall be dissolved by a simple majority vote of the Executive.

ARTICLE 7:  ELECTIONS

7.1 Elections to the Executive for those positions vacated by the completion of the term of office shall take place at the Annual General Meeting by those attending.  If there is only one (1) nominee for a position, election shall be by acclamation.

7.2 Elections Committee:  The Executive shall appoint an Elections Committee to receive nominations for positions on the Group Executive and to conduct the elections.  Any member of the Elections Committee who becomes a candidate in the election shall resign from the Elections Committee.

7.3 Nominations: A notice calling for nominations for election to the Group Executive shall be distributed four (4) weeks in advance of the Annual General Meeting.

7.4 All nominations shall be in writing. Those nominated must indicate a willingness to serve if elected either by being present at the elections, by written consent or by electronic transmission.  Additional nominations from the floor will be accepted at the Annual General Meeting, if the candidate can prove to the elections committee that they are eligible (Regular member or retired member in good standing with PIPSC).

7.5 In the event that insufficient nominations are received to fill the vacancies, the Group Executive shall attempt to obtain the names of additional persons willing and eligible to fill the remaining vacancies.  If none are forthcoming, the Executive may appoint someone to that position.

7.6 The Elections Committee shall satisfy itself that the candidates for election are eligible and willing to serve.

7.7 The elections committee shall serve as returning officers and shall establish procedures for the efficient conduct of an election, distribution of ballots for secret vote for all positions, the counting and tabulating of ballots, and all matters directly related thereto. 

7.8 The candidate receiving the highest number of votes for a position shall be declared elected.

7.9 The results of the election shall be announced at the Annual General Meeting and subsequently distributed.

7.10 The newly elected Executive shall take office immediately following the completion of the Annual General Meeting unless otherwise provided for in the Constitution.

ARTICLE 8:  MEETINGS

8.1 Annual General Meeting

8.1.1 The Annual General Meeting of the Group is its governing body. All members are entitled to attend.

8.1.2 The Group Executive shall call an Annual General Meeting once each calendar year, within 120 days of the end of the fiscal year. Members shall be notified at least three (3) weeks prior to the date of the meeting.

8.1.3 Quorum: Fifty percent (50%) of the members in attendance at the beginning of the meeting shall constitute a quorum. When an Annual General Meeting is postponed for lack of quorum, the Secretary shall immediately send a notice to the members to that effect and advise them of the date and time of the next meeting.

8.1.4 The agenda shall include the following items:

Approval of the Agenda

Adoption of the Minutes of the previous Annual General Meeting

Roll Call (members of the Group Executive)

Business Arising from the Minutes

Report of the President

Annual Financial Report

Approval of Budget

Elections for the Group Executive

New Business, including Proposed Constitution and/or By-Law Amendments.

8.1.5 All Regular Members present at the Annual General Meeting are eligible to vote.  Voting shall normally be by a show of hands unless provided for otherwise in the Constitution and each Member shall have one (1) vote.  Decisions shall be by a simple majority vote.

8.1.6 Each year, following the Annual General Meeting, the Group Executive shall submit a copy of the draft AGM minutes, the annual financial report and the results of the election for the new Group Executive to the Office of the Executive Secretary of the Institute within thirty (30) days of the Annual General Meeting.

8.2 Special General Meetings

8.2.1 A Special General Meeting of the Group shall be called by the Group Executive or at the written request of at least 10% of voting members of the Group.  This meeting shall be held within six (6) weeks of such call or request.  Only the matter(s) for which the Special General Meeting was called shall appear on the agenda.

8.2.2 The same requirements shall apply to the notice, quorum and voting at Special General Meetings as are established for the Annual General Meeting.

ARTICLE 9:  RULES OF PROCEDURE

At any meeting of the Group or Group Executive, or Committees thereof, matters of procedure, insofar as they are not specifically provided for, shall be governed by a majority vote of the members present and voting on the matter of procedure.  The Chair of such meeting shall first rule on any matter of procedure or order and shall, in the absence of any By-Law to the contrary, rely upon and be governed by the latest edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure or “Le code des procédures des assemblées délibérantes” available at the meeting.

ARTICLE 10:  CONSTITUTION AND ARTICLES

10.1 This Constitution and its Articles may be amended at a General Meeting (Annual or Special) of the Group.  Approval of proposed amendments requires a simple majority of those voting.

10.2 All proposals for amendments to these Articles shall be submitted, in writing, to the Group Executive.  Proposed amendments may be submitted by any Regular member of the Group.  The notice of the Group meeting at which the amendments will be considered, shall include:

  1. the article to be amended; and
  2. the new wording.

10.3 New, or amended, Constitutions shall be submitted to the Institute By-Laws and Policies Committee for review.

10.4 This Constitution, its Articles, and any amendments thereto shall take effect upon ratification by the Group membership and approval by the Institute of the same wording.

ARTICLE 11:  REGULATIONS

11.1 The Group Executive may make such Regulations, not inconsistent with these Articles, as it deems appropriate for the operation of the Group.

11.2 All proposed Regulations and amendments thereto shall be submitted to the Institute for review and approval.  They shall take effect on a date determined by the Group Executive, but not earlier than the date they were approved by the Institute.

11.3 Each such Regulation shall be presented to the next General Meeting (Annual or Special) of the Group, and may be rescinded or amended by such meeting.  These constitute changes to the Regulations and shall be subject to Article 11.2.

ARTICLE 12:  CONTEXT AND GENDER

In this Constitution, expressions in the masculine or feminine gender, in plural or in singular, may be substituted to give effect to the true meaning of the Constitution.

Article 13: Negotiating Team

13.1 The negotiating team is a committee which shall normally be chaired by the Group President.

13.2 The Chair nominates members of the Team from the Executive or Regular members.  The Chair will try to ensure equitable representation keeping in mind the regional and classification makeup of the Group.  The membership of the Team is subject to the approval of the Executive.

13.3 Notwithstanding 13.2, there will be no substitutes for Negotiating Team members.  Replacement of Negotiating Team members can be done with the approval of the Group Executive.

13.4 The Negotiating Team is responsible for bargaining the Group’s Collective Agreement with the Employer and presenting tentative agreements to the Group Executive.

Approved by the Board of Directors
October 29-30, 2010

Approved by the Board of Directors
December 7, 2018