The UMFA Standing Rules consist of the following sections:
A. RULES AND PROCEDURES GOVERNING MEETINGS OF THE FACULTY ASSOCIATION
Appendix to Section A: Motions for specific purposes
B. GENERAL RULES AND PROCEDURES FOR ELECTIONS
Appendix to Section B: Procedures for transferrable ballot
The following "Rules and Procedures Governing Meetings of the Association" are based on a number of fundamental principles, including the following:
a) The right of the majority to decide.
b) The right of a minority to be heard, it being agreed that this right requires not only special protection but also practical limitations.
c) The right of absentees to be protected from significant deviation from agreed procedures and announced proceedings.
d) The right of interested parties to be informed.
Many years of practice in democratic institutions have demonstrated the usefulness of such rules and procedures in maintaining these principles and providing for efficiency of debate and decision.
It should always be remembered, however, that the rules are a means, not an end; and the Chairman, with the support of the members, should not permit them to be used to create a nuisance or unnecessarily delay proceedings.
Substantive motions should be handled with considerable formality, but whenever possible the Chairman should try to deal with procedures by general agreement.
Appendix A is part of these Rules and Procedures.
2. Definition of "publish"
Unless otherwise limited by the context, "publish", as used herein means:
2.1 Dispatch by mail or messenger in sufficient time to be received, in the normal course of events, not later than the time specified in the rule, by
a) all members of the relevant body, and
b) such other interested parties and news media as may be specified from time to time by the Board or Executive Council.
3. Meetings and Notices
3.1 General meetings
Rules and procedures governing general meetings of the Association are prescribed by the Constitution, Sections 3.2, 3.3, 3.3.1, and 3.3.2 and are not subject to suspension.
3.2 Meetings of the Board
3.2.1 Rules and procedures governing meetings of the Board are prescribed by the Constitution, Sections 4.5, 4.5.1, and 4.5.2, and are not subject to suspension.
3.2.2 Regular Meetings shall be held in accordance with schedules published by the Executive Council at the beginning of each term and the beginning of the summer session.
A Representative who is unable to attend a meeting may ask another constituent to act as his/her delegate for that meeting. The Executive Director must be notified of the name of the delegate before the meeting.
3.3 Meetings of the Executive Council
3.3.1 Regular Meetings shall be held in accordance with schedules published by the Executive Council at the beginning of each term and the beginning of the summer session.
3.3.2 Special Meetings of the Executive Council may be called by the President on his/her own motion or on petition of five or more members of the Executive Council, provided that notice thereof, including the agenda, shall be given not less than 24 hours in advance of such meetings.
3.3.3 Minutes of all meetings of the Executive Council shall be distributed to the members thereof as soon as possible after each meeting.
3.3.4 The Executive Council shall report to the Board at each regular meeting thereof.
3.3.5 Notices of Meetings
The published schedule shall be considered as formal notice of regular meetings.
3.4 Constituency Meetings
Board Representatives shall normally call a meeting of their constituency at least once a term.
4.1 General Meetings and Board Meetings
4.1.1 Meetings of the Board of Representatives
The agenda of each meeting of the Board shall be determined by the Executive Council and published at least five days in advance of each meeting, together, normally with all relevant documents.
4.1.2 Special General Meetings
The agenda of special general meetings shall be determined by the President and shall normally be discussed by the Board. The agenda shall normally be published with the notice of meeting together with relevant documents.
4.1.3 Matters of Urgency
Matters of business arising after the publication of the agenda of a given meeting may not be brought before that meeting unless in the opinion of the Chairman they are of sufficient urgency and importance to require one of the following special procedures
a) If time permits, a special notice of the matter shall be published.
b) If time does not permit a special notice, then, notwithstanding Rule 7, at any time before the meeting has reached the agenda item "Adoption of Minutes of the Previous Meeting(s):, the consent of a t least two-thirds of the members present and voting.
4.2 Executive Council Meetings
4.2.1 Regular Meetings
Copies of the agenda shall normally be published at least 24 hours before each regular meeting, together with all relevant documents.
4.2.2 Special Meetings
Agendas for special meetings shall be part of the notice thereof.
5.1 General Meetings
Rules and procedures governing openness of general meetings of the Association are prescribed by the Constitution, Sections 3.4.1 and 3.4.2 and are not subject to suspension.
5.2 Board Meetings
Rules and procedures governing openness of meetings of the Board are prescribed in the Constitution, Section 188.8.131.52 and 184.108.40.206 and are not subject to suspension.
5.3 Executive Council Meetings
The following rules shall apply:
5.3.1 Members of the Association shall have the right to attend Executive Council meetings and present their views.
5.3.2 Notwithstanding 5.3.1, on a two-thirds vote of Executive members present, the Executive Council may move into closed session to discuss specific items.
5.3.3 The Council has the right to permit and/or to invite non-members to attend any or all of its meetings and may delegate to its Chair such powers of permission and/or invitation.
6.1 General Meetings
Rules governing size of quorum for general meetings of the Association are prescribed in the Constitution, Section 3.5, and are not subject to suspension.
6.1.1 If a quorum is not present when twenty minutes have elapsed since the scheduled time of the meeting, the names of those present shall be recorded and the meeting of the Association stand adjourned until a time to be fixed by the Executive Council.
6.1.2 After a meeting of the Association has been properly called to order, the meeting shall be deemed to be properly constituted until such a time as a member of the Association other than the Chair calls attention to the loss of a quorum or until the meeting has adjourned.
6.2 Board Meetings
Rules governing size of quorum for meetings of the Board are prescribed in the Constitution, Section 4.5.3, and are not subject to suspension.
6.3 Executive Council
A quorum shall be a majority of the voting members thereof.
7. Order of Business of Board Meetings and General Meetings
The order of business at general meetings of the Association and at regular meetings of the Board shall normally be as follows and may be changed if authorized by the Executive Council in the publication of the agenda or by unanimous consent of those present at the time a change is proposed, provided that such change does not affect the rights of members who are not present.
7.1 Order of Business
(2) Business Arising from Minutes
(6) Report of the Executive Council/Board
(7) Report of Other Committees
(8) Additional Business Including Items of New Business
(a) Motions of which notice was given at a previous meeting and which were not dealt with under 7.1(2).
(b) Matters submitted to the Executive Council after the previous meeting but not in sufficient time to be included on the agenda.
(c) Notice of motions to be presented at a later meeting.
7.2 Consent Agenda
A consent agenda may be presented by the president at the beginning of a meeting. Items may be removed from the consent agenda on the request of any one member. Items not removed may be adopted by general consent without debate. Removed items may be taken up either immediately after the consent agenda or placed later on the agenda at the discretion of the board.
N.B. Section 10.1 provides that Standing Rules may be amended by the Board of Representatives.
8. Duration of Meetings and Debate at Board and General Meetings
8.1 After 2 ½ hours have elapsed the meeting shall be adjourned unless at least two-thirds of the members present and voting decide otherwise.
8.2 Duration of Debate
No more than forty-five minutes of any one meeting shall be devoted to discussion of any one agenda item unless at least two-thirds of the members present and voting adopt a resolution to extend the debate.
9. Introduction of Business Business may be put before the meeting by the Chair referring to an item on the agenda or calling upon a member for a report or motion.
9.1 A member who wishes to be recognized shall raise his/her hand or rise in his/her place, and, if necessary, call Mr./Madam Chair.
9.2 Except as set forth in 9.3, a member may not proceed to address the meeting until he/she has been recognized. (The naming of members is particularly important for the tape recording.)
9.3 In the following cases, members may speak without first being recognized by the Chair:
a) Questions of Order, Privilege or Appeal
b) Parliamentary Inquiries
c) Objection to Consideration of a Motion
d) Motion to Reconsider
e) Request for Count of Votes
10. Reports of Committees
10.1 Procedures for Handling Report
a) Unless otherwise specifically indicated in its terms of reference, each committee of the Board shall, in the first instance, submit its report to the Executive Council.
b) All reports shall be submitted in writing, and, at the will of either the committee concerned or the Executive Council, it may be supported by the presence of one or more members of the Committee.
c) Should the Executive Council not approve of some or all of the report, it shall seek informal approval of the reporting committee for making alterations, which if approved, shall be incorporated in the report.
d) If the informally proposed changes are not agreeable to the committee, then the Executive Council shall have the right to refer the report formally to the reporting committee for reconsideration.
e) This process of reconsideration may be repeated but at any time after one such reconsideration the reporting committee shall have the right to submit its report directly to the Board (at which time the Executive Council or members thereof have the right to propose amendments and/or recommittal).
f) Committee reports and recommendations shall be submitted to the Board by the Chair of the reporting committee (or his/her deputy) and shall not require seconding.
g) Oral Reports The reporting member of a committee may supplement a written report by an oral statement, provided that no substantive motions may be made at the meeting with respect to the oral portion. Procedural motions and notices of motions shall, however, be in order.
10.2 Form of Committee Reports to the Board
Normally reports shall be in the following form:
a) Preamble may include such items as the number and nature of meetings held and the terms of reference of the committee.
Reports of Ad Hoc Committees shall indicate their terms of reference.
b) Observations may include answers to questions, reports on procedures, statements about progress of business not yet ready for resolution, and where applicable, tests performed and analysis of data. Statistics and other supporting material, if any, may be provided in appendices.
c) Recommendations - specific motions for action
These may be accompanied by explanatory observations, but the motions should stand out prominently. It is most important that recommendations, if any, be stated as clearly, precisely and obviously as possible.
The reports must be signed by the Chair. In the case of ad hoc committees, the names of the other members should also appear at the end of the report.
11. Reports from Committees Not Established by UMFA
a) Reports from committees not established by UMFA shall be submitted to the Executive Council in the same way as are other reports.
b) The Executive Council shall decide on an ad hoc basis how each report should be presented the Board.
c) Whenever possible the Chair of the committee or his/her delegate shall present the report of his/her committee.
12.1 Normally, all motions presented to the Board and general meeting concerning substantive matters shall be published with the agenda.
12.2 The Chair may order that amendments to such motions be submitted in writing.
12.3.1 Recommendations of committee and other motion published with the agenda need not necessarily be "seconded" unless there is a reasonable doubt that no more than one member supports them.
12.3.2 All other motions require seconding except the following:
a) request for permission to withdraw a motion
b) points of order, privilege or parliamentary inquiry
c) objections to consideration
12.3.3 It is not necessary that a seconder be "recognized" either at the meeting or in the minutes.
12.4 Order of Precedence of Motions
When any one of the following motions is immediately pending, those listed above it are in order, and those below are out of order:
- Fixture of time of the next meeting To adjourn or recessQuestion of PrivilegePoint of Order or Parliamentary InquiryAppealSuspend RulesWithdraw (or Review) a MotionCall for Count of Vote or Motion to BallotObjection to ConsiderationPostpone to Certain DayReferAmendPostpone indefinitelyMain Motion (Reconsider and Rescind)
A motion may be amended by adding, deleting, or substituting specific words, phrases, or paragraphs, even to the extent of substituting an entirely different motion provided it relates to the subject matter of the original motion.
13.1 Motions may be amended without formal motion, provided that no member objects; otherwise a formal motion, duly seconded, is necessary.
13.2 Amending an Amendment
Motions to amend an amendment are allowed, but may not themselves be amended.
13.3 Successive Amendments
An amendment to a main motion must be disposed of before further discussion or voting is permitted on the main motion to which it relates. This also applies to amendments to amendments.
13.3.1 After amendments have been disposed of, the main motion may be further amended any number of times, so long as each successive amendment is different from those already considered.
13.4 Relationship of an Amendment to a Main Motion
If, after an amendment to a main motion or to a amendment has been passed, the main motion or amendment to which it relates is defeated, then all related amendments are likewise taken to have been defeated.
13.5 Motions which may not be amended:
- amend an amendment
- appeal a ruling by the chair
- close nominations
- close debate
- objection to consideration
- suspend the rules
- ask leave to withdraw a motion
- postpone indefinitely
13.6 Any proposed amendment which would merely have the effect of negating the motion - i.e. if the same effect could be achieved by defeating the motion - is out of order.
13.7 An amendment may not introduce an independent question, but an amendment can be hostile to, or even defeat, the spirit of the original motion and still be germane.
13.8 Amendment Proposing to Substitute Another Motion
When a motion is made to amend by substituting another motion, the procedure shall be as follows:
a) The original motion is opened for debate and amendment.
b) The proposed substitute motion is opened for debate and amendment.
c) When both motions have been perfected they are read, the original motion first.
d) The question is put whether the substitution should take place.
e) If the motion to substitute is adopted, there can be no further amendments but further debate is permissible. The question on the substitute motion is put.
f) If the motion to substitute is lost, debate continues on the original motion, as amended. There can be further amendments.
14. Stating the Question.
All motions must be stated clearly by the Chair or Secretary before debate thereon may commence.
15. Motion to Divide
15.1 Dividing the Question
A motion may be altered by dividing it into two or more specified parts. Such division is not in order unless each part, as divided, can stand by itself irrespective of the other part or parts.
If a motion to divide is adopted, each part of the main motion (or amendment) becomes a separate motion in itself.
15.2 Consideration by paragraph or seriatim
A report or long motion consisting of a series of resolutions, paragraphs, articles or section may be considered by opening the different parts to debate and amendment separately; without a division of the question.
16. Undebatable Motion
The following motions shall not be debated:
- consideration by paragraph
- limit, extend or close debate
- call for count of votes
- fix time of next meeting
- close nominations
- objection to consideration
- suspend the rules
- withdraw a motion
17.1 A motion to adjourn, once adopted, terminates a meeting. Such a motion may not interrupt a speaker or a vote, but does take precedence over other pending business. It may be reintroduced at any time, as long as other business has intervened.
17.2 Adjournment to a fixed time
This may be amended. Amendments to a motion are debatable.
A motion to recess may be amended, and the amendment may be debated. It does not terminate the meeting, and the business is resumed at the point where it was broken off before the recess.
18.1 Majority Votes
Except as stated in 18.2, a motion shall require the support of a majority of members present and voting.
18.2 Two-thirds Majority
Two-thirds support by those present and voting shall be required to pass the following motions:
- objection to consideration
- close debate
- suspend the rules
- limit debate
- extend length of time of debate
- rescind when proper notice has not been given
- close nominations
18.3 Unanimous Consent
On non-contentious issues, the Chair may dispense with taking a vote, provided no member object.
18.4 Method of Voting
Voting shall normally be by show of hands, or by standing as requested by the Chair. However, in elections or on motions to censure individuals, committees or groups, a secret ballot shall be used.
18.5 Other Methods of Voting
Motions to provide for other methods of voting require the consent of a majority of the members present and voting.
18.6 Chair and Tie Vote
As a member, the Chair has a right to one vote on all motions, such vote to be counted at the same time as all other votes. A tie vote shall be regarded as defeating the motion. If the Chair does not vote at the time the question is called, he/she may cast one vote to break a tie.
19. Informal Consideration of Business
19.1 Committee of the Whole
A motion to go into Committee of the Whole interrupts the business to which it is applied. Such a motion shall state clearly the business for consideration by the committee.
19.1.1 If the motion is passed, the Chair shall immediately call another member to the Chair and take his/her place as a member of the committee.
19.1.2 The only motions in order shall be the following:
- to amend
- to adopt
- to "rise and report" (as it cannot adjourn)
- to appeal a ruling from the Chair
19.1.3 At the end of deliberation by the Committee of the Whole, the Chair shall resume his seat and the Chair of the Committee of the Whole shall then report any conclusions, recommendations or summaries arrived at, for formal ratification by the meeting.
19.2 As if in Committee of the Whole
Similar to Committee of the Whole, except that the Chair shall not relinquish the Chair; at the end of the informal discussion he/she shall make certain that the conclusions are formally presented for disposition.
20. Records of Proceedings
20.1 Official Record
The official record of meetings shall be the Minutes taken by the secretary and approved at a subsequent meeting.
The secretary shall record in the Minutes only the votes and proceedings of meetings, a record of attendance, regrets, and, in the case of Board meetings, non-attendance, together with such other matters as may be directed by the Chair.
20.2.1 When a substantive motion or amendment thereto is ruled out of order, such motion should not be recorded in the Minutes unless so directed.
All minutes shall be circulated as soon as possible following the meetings.
Matters not dealt with in these rules shall be resolved in accordance with procedures set forth in the current edition of Robert's Rules of Order. Matters not provided for in this authority shall be resolved by reference to the procedures of Parliament.
22. Amendment of these Rules and Procedures
Except those established in the Constitution, rules and procedures governing meetings of UMFA may be amended by a majority vote of those present and voting at a duly constituted meeting of the Board, provided that notice of the proposed amendment has been given and that a quorum is present at the time the vote is taken.
23. Suspension of Rules
23.1 "Suspension" shall mean the temporary setting aside of a rule for a specifically declared purpose at a specific meeting.
23.2 Rules intended to protect the rights of members not present may not be suspended, even with the unanimous consent of those present.
23.3 Other rules except those in the Constitution may be suspended with the support of at least two-thirds of the members present and voting.
APPENDIX TO SECTION A - MOTIONS FOR SPECIFIC PURPOSES
The sections below list the most frequent motions according to their objects and describe the procedures followed in using them.
It should be noted that both a motion "To Table" and a motion for the "Previous Question" are not in order at meetings of UMFA.
1.To Prevent or Postpone Action
The following motions are designed to prevent or postpone action on a motion.
1.1 To Object to Consideration
If passed, the question to which it applies may not be raised again until the next meeting. It requires no second, cannot be debated or amended, and requires a two-thirds vote. It may be moved at any time (even interrupting a speaker) before the motion objected to is formally before the house for debate; i.e., before it has been "stated".
1.2 To Withdraw a Motion
Before a motion is formally open to debate, it may be withdrawn at will by its original mover. After that time, it may be withdrawn only with the consent of the meeting. If a member objects to withdrawal, then a formal motion to withdraw must be moved, seconded, and voted upon without debate. If withdrawn, the motion may not be made again until another meeting.
1.3 To Postpone to a Fixed Time
This interrupts consideration of the business to which it relates. It can be amended only by changing the time specified and is debatable only with respect to the propriety of the postponement. It requires a simple majority for passage.
1.4 To Postpone Indefinitely
This motion interrupts consideration of business; may not be amended, and is debatable only with respect to the propriety of the postponement. It requires a simple majority for passage.
1.5 To Commit or Recommit
If the motion is adopted, the subject under consideration is referred to committee or committees. When the committee named is the same as that which reported the original question to the meeting, the motion is to recommit. It may be debated and amended, and requires a simple majority.
2. Motions to Hasten or Expedite (all requiring 2/3 majority)
2.1 To Close Debate
If adopted, such a motion has the effect of causing an immediate vote on the question to which it applies. Unless otherwise specified, it applies to the principal motion and all related amendments. Such a motion may not be debated or amended. It requires a two- thirds majority for passage.
2.2 To Suspend a Rule
This motion applies to specific question under consideration, and the rules suspended are in force again as soon as the question under consideration is disposed of. The motion interrupts consideration of the business to which it applies. It cannot be debated or amended. It requires a two-thirds vote for passage.
2.3 Limit Debate
This motion has the effect of fixing a time at which debate on a subject shall be terminated. It is not debatable, but it can be amended as to time. The amendment may be debated. A motion to limit debate requires a two-thirds vote for passage.
3. To Change a Decision
3.1 To Reconsider a Question
A motion to reconsider a resolution may be made at the same or any subsequent meeting. This motion can be applied either to negative or positive action taken previously on a main motion or amendment. It must be moved and seconded by members who do not vote on the losing side in the first instance (i.e., who either voted affirmatively or abstained).
3.1.1 The mover may not interrupt a vote, but may interrupt another speaker. If made when it interrupts the discussion of other business, the motion to reconsider is held until the business interrupted is disposed of. It may be debated, but cannot be amended. It requires a simple majority.
3.1.2 If passed, it invalidates previous action on a question, that question becoming the next item of business. If rejected, a motion to reconsider cannot again be entertained.
3.2 To Rescind a Resolution
At any meeting after that at which a motion was adopted, a member may move to rescind it. If the motion to rescind is adopted, the previous action is cancelled. The motion to rescind is debatable and amendable. It requires a simple majority if notice has been given; if not, it requires support of either two-thirds of those present and voting, or a majority of the total membership, whichever is the greater number.
4. Motions to Maintain Rules
4.1 Point of Order
The Chair may interrupt any speaker on any business at any time to call a member to order, or to rule a motion out of order. Similarly, a member may interrupt a speaker or business by rising to the point of order which, when stated, is decided upon by the Chair immediately. There shall be no second, or debate, except that the Chair may, if he/she wishes, submit the question to the meeting and permit a brief debate thereon.
4.2 Appeal from Decision of the Chair
Such an appeal must be made immediately after the disputed ruling. It must be seconded. It can be debated, but not amended. It requires a majority vote. If there is a tie-vote, the challenge shall be considered defeated.
Parliamentary Questions and Matters of Privilege
Any member may interrupt a speaker or any business in order to request information regarding proper procedure or with respect to facts under discussion. The Chair immediately rules as to whether the question or request is a proper interruption and acts accordingly. There is the usual right of appeal from his/her ruling.
1. Nominations to Board
The Returning Officer shall mail a nomination form to all members in each constituency along with a list of members eligible for election giving at least 10 days' notice of vacancies to be filled.
All nominations for elections of Members to the Board of Representatives shall be in the following form:
We wish to nominate ___________________________ as representative for the Regular Constituency of __________________________________________________________ of the University of Manitoba Faculty Association.
Signed: _______________________________ Date: _____________________________
Signed: _______________________________ Date: _____________________________
I am willing to stand as UMFA Board Representative.
Signed: _______________________________ Date: _____________________________
2. Elections to Board
The Returning Officer shall mail the ballot to all members in each constituency allowing 10 calendar days for return to the Faculty Association office. The Returning Officer shall communicate the results to all members in each constituency.
Ballots for elections of Members to the Board of Representatives shall be in the following form:
Please complete the ballot below and return to the Faculty Association Office (specify address) NOT LATER THAN ______________________________ (date).
3. Election to Officers
3.1 Ballots for election of President and Vice-President of the Association shall be in the following form:
For election of ________________________________________________ (specify position) of the University of Manitoba Faculty Association.
DIRECTIONS: Please mark with an X the space after the name of the person whom you wish to vote for the office ______________________________ of UMFA. Please return in the self- addressed envelope provided NOT LATER THAN__________________________(date).
3.2 In cases where there are more than two candidates directions for completing the ballot shall be as follows:
DIRECTIONS: Please indicate your order of preference by assigning numbers from 1 to _____ in the box opposite the candidate's names.
NOTE: Failure to rank candidates in order of choice results in failure to fully exercise your franchise.
3.3 Determination of the winning candidate shall be by application of the formula outlined in the Appendix to this section of the Standing Rules.
APPENDIX TO SECTION B: PROCEDURES FOR TRANSFERRABLE BALLOT
1. Each voter lists all candidates in order of preference, from "most desirable" to "least desirable".
2. If there are k ballots and n positions to fill, the quota is q = k / n. This remains fixed throughout.
3. At each stage, every ballot is assigned w, 0 ≤ w ≤ 1, and each eligible candidate a score as follows:
4. At first, every ballot has weight w = 1.
5. An eligible candidate's score is calculated as the sum of the weights of those ballots on which he is first eligible choice.
6. If a candidate's scores is greater than q, he is declared elected, and the weights of those ballots on which he was first eligible choice are multiplied by s - q / s, to give new weights. Then step 5 is repeated with the remaining eligible candidates.
7. If no candidate is elected in step 6, let T be the set of candidates with the lowest score.
(a) If T has only one member, that candidate is declared ineligible and is omitted from all ballots. Then step 5 is repeated with the remaining eligible candidates.
(b) If T has more than one member, compute a temporary score by repeating step 5, but only for those candidates in T. Let T' be the set of those members of T having lowest temporary score. If T' = T, replace T by T' and repeat step 7 (a). If T' = T, choose randomly an x T, replace T by (x), and go to step 7 (a).
Example: Suppose there were 3 positions, 11 ballots and 5 candidates A, B, C, D, E. In Table 1, each column represents a ballot, below which are the various weights. Table 2 gives the scores.
Explanation: On the first scoring, weights are W1, scores are S1. C is declared elected with a surplus of 4-3 2/3 = 1/3, so weights become W2. Then scores S2 are computed with C out. D and E are tied, so temporary scores S3 are computed (e.g. D's temporary score is the sum of the weights of those ballots for which D is above E and E is eliminated. S4 then gives scores between A, B and D (weights are still W2). A and D are tied, and A is eliminated by temporary scores S5. Then scores S6 elect D, again with a surplus of 1/3 vote, so weights become W3. Finally S7 elects B.
Of course the last two scorings S6 and S7 are unnecessary, but are spelled out here to illustrate the algorithm.
1. University Administration, Board of Governors and Senate
The President shall normally be the spokesman of the Association and its committees in oral and written communications with the University except in the following circumstances:
• During confidential phases of negotiations for a Collective Agreement the Association Team, acting according to Rule G shall speak for the Association.
• As provided for in the Collective Agreement, the Executive Director shall communicate official notices to the University.
• Association Assessors and Representatives on University Committees shall speak for the Association as provided in Rule D.
2. The Media and Organizations External to the University
The President shall be the sole spokesperson for the Association and its committees in all communications with the media (including the University and student media). The President may delegate this authority only if he/she has previously approved any statement or correspondence. Any other office or committee making a statement must make it clear that the statement is personal and does not necessarily reflect the views of the Association or its committees.
1. The Association Assessors on Senate and the Board of Governors shall be appointed annually by the Executive Council of which they shall be non-voting members thereof unless the right to vote is given by the Board.
2. UMFA Representatives and other Assessors on University committees shall be appointed annually by the Board from the general membership as soon as possible after the Annual General Meeting.
3. UMFA Representatives/Assessors shall represent the official policy of UMFA. The President or Executive Council shall brief Representatives/Assessors from time to time whenever possible. The President or Executive Council may delegate the briefing of representatives on joint committees arising from collective bargaining to the Collective Agreement Committee.
4. When a question arises on which UMFA has no determined policy the Representative/Assessor shall feel free to express his or her own views, but shall always make it clear that the views are not Association policy. As soon as possible the Representative/Assessor shall initiate discussions with the UMFA President to determine a policy on the issue raised.
5. If a Representative/Assessor finds that he/she cannot represent Association policy he/she shall resign.
6. A Representative/Assessor may be recalled on a motion approved by two-thirds majority of members of the Board present and voting by secret ballot at a duly constituted meeting, provided that notice of such motion is published with the agenda.
7. When a Representative/Assessor is unable to attend a meeting of the committee on which he/she serves he/she shall inform the President who shall appoint an alternate.
1. Ex officio Members The President is a member ex officio of all UMFA committees and is advised of all meetings.
2. An ex officio member may, at his/her discretion, appoint a delegate to serve in his/her stead, provided that he/she shall submit to the Executive Director of UMFA and to the Chair of the committee, the name of his/her delegate and specify the term for which the delegate is to serve.
3. Election of Committee Chairs The Executive Council may appoint the Chair. If the Chair is not appointed the President shall ask a member of the committee to serve as Convener for the purpose of calling the first meeting to choose a Chair.
4. Terms of Office Unless otherwise stated in the committee's terms of reference, membership in all committees shall terminate on the date of the Annual General Meeting.
5. Openness of Committee Meetings Unless otherwise stated in the terms of reference of a given committee, the following rules shall apply:
5.1 Members of the Association shall have the right to attend committee meetings and present their views at such reasonable times, as, upon request, the committee may appoint.
5.2 Notwithstanding 5.1, on a two-thirds vote of committee members present, the committee may move into closed session to discuss specific items.
5.3 The committee has the right to permit and/or to invite non-members to attend any or all of its meetings and may delegate to its Chair such powers of permission and/or invitation.
6. Unless otherwise specified all committees are required to report to the Board at least once a year.
(Committee structure revised by Board of Representatives, May 1999 and May 2002)
Academic Freedom & Tenure Committee - Terms of Reference
i. To monitor university policies regarding academic freedom and tenure and working conditions generally.
ii. To advise Executive and Board on issues relating to tenure and promotion.
iii. To submit to Executive and Board proposals for the protection and improvement of academic freedom and tenure.
iv. To advise the Executive and Board on ways of protecting and improving working conditions.
v. To monitor the use of teaching assessments and performance evaluations and to make appropriate proposals to the Executive and Board.
vi. To monitor the development of university policies regarding research and to make appropriate proposals to the Executive and Board.
vii. To maintain a liaison with the CAUT.
Collective Agreement Committee - Terms of Reference
i. To solicit and receive from members of UMFA, UMFA committees and Bargaining Units affiliated to UMFA proposals regarding the evolution of the Collective Agreement.
ii. To recommend to the Board a set of priorities regarding the long-term objectives of UMFA bargaining.
iii. To recommend to the Board regarding matters to be bargained in the next round of negotiations.
iv. To advise the Executive Council and Board of Representatives on progress in collective bargaining and other matters related to collective bargaining.
Constitution, Rules and Procedures Committee - Terms of Reference
i. To consider and recommend, at the request of the Board or any committee thereof, on any matter concerning constitution, rules or procedures.
Membership Committee - Terms of Reference
i. To promote membership in the Association.
ii. To encourage the membership of part-time staff in the Association.
iii. To structure opportunities for members to volunteer for active service.
Nominations Committee - Terms of Reference
i. To nominate candidates to the offices of President and Vice-President and to other such positions as may be named by the Board or the Executive Council.
ii. To ensure that all constituencies have a representative on the Board of Representatives.
Staff Benefits Committee - Terms of Reference
i. To monitor the administration of Staff Benefits and to advise the Executive and the Board accordingly.
ii. To liaise with the University Staff Benefits committee.
iii. To advise the Executive and the Board on improvements to the pension plans, insurance and other benefits.
Equity and Diversity Committee - Terms of Reference
i. To advise the Executive and Board on policies that protect and enhance the rights of academic staff groups at risk of being marginalized. Those groups include, but are not limited to:
women academic staff,
racialized academic staff,
Indigenous academic staff,
academic staff with disabilities,
lesbian, gay, bi-sexual, transgendered, queer and 2-spirited academic staff
ii. To monitor the university's policies concerning the aforementioned groups and to advise the Executive and Board accordingly.
iii. To identify issues and best practices concerning the aforementioned groups, provide support and promote equity and diversity at the University of Manitoba.
Reserve Fund Committee- Terms of Reference
(Full terms of reference and Reserve Fund Committee membership are contained in the Reserve Fund Policy.)
i. To review and make recommendations to the Executive, Board and membership regarding the terms of reference of the Reserve Fund.
ii. To oversee the investments of the reserve Fund, and report on the investments to Executive, Board and membership.
iii. The Faculty Association Treasurer shall be the Chair of the Committee.
Communications Committee - Terms of Reference
i. To advise the Executive in internal and external communications.
ii. To promote effective communications through social media and other means.
iii. To facilitate Member education related to communications.
iv. To undertake other duties related to communications as assigned by the Executive or the Board of Representatives.
1. Board of Representatives
1.1 Acting on the advice of the Executive Council, the Board shall appoint the Negotiating Team and its Chair.
1.2 Acting on the advice of the Executive Council and Collective Bargaining and other Committees, the Board shall decide what matters shall be negotiated provided that the proposals are consonant with the policies of the
Association as determined from time to time by General Meetings.
NOTE: As provided in Section 2 of the Constitution, only Regular and Affiliate members of the Board may propose motions or vote on matters relating to collective bargaining.
2. Executive Council
Acting within such guidelines as may be established by the Board the Executive Council shall direct the Team.
3. Negotiating Team
3.1 Whenever possible the Team shall include: at least one member of the Executive Council, and at least one member of the previous Team. It may or may not include members of the affiliated units.
3.2 The Team shall prepare and submit to the Executive Council for approval the initial changes in wording for the Agreement.
3.3 The Chair of the Team shall keep the Executive council and Board informed about negotiations.
3.4 The spokesman of the Team may from time to time request the President to call a joint meeting of the Executive Council, representatives of the affiliated units, the Team and such other persons as may be appropriate.
4. General Meeting
4.1 With respect to collective bargaining decisions of a General Meeting shall take precedence over decisions by the Board, Executive or Team.
4.2 Any proposal to abrogate a collective agreement shall be taken to a General Meeting of regular members for decision.
NOTE: Affiliate units will take such a decision independently.
Approved April 1980
Reserve Fund Committee approved February 1991
Revised February 1999, May 1999
Revised May 2002
Revised May 2006
Revised May 2007
Revised May 2014
Revised April 2015
Revised October 2015
12. RESERVE FUND POLICY
1. The Association shall formally establish a Reserve Fund. This fund will not be shown in the budget, but will be held in a separate account having its own financial statement. It will be externally audited every year.
2. The goal of the Association is to maintain the Reserve Fund at twice the annual oper
ating budget, as passed at the Annual General Meeting. If this goal is not met, the Treasurer will budget for an annual operating surplus sufficient to achieve the goal within five (5) years.
3. The budget shall include a statement of the current amount in the Reserve Fund and the estimated investment income over the fiscal year. The budget will include a line for anticipated net transfers between the Reserve Fund and the Operating account.
4. Monies from the Reserve Fund may only be spent for the following purposes:
a. To provide benefits to members in the event of a strike or lockout, and to meet the daily expenses of the Association office in such an event. These expenditures must be authorized by the Board of Representatives;
b. To cover expenses of the Association directly related to bargaining and job action preparation that are not otherwise budgeted for in the operating budget of the Association. These expenditures must be authorized by the Board of Representatives; and
c. To provide money to meet major non-recurring expenditures [other than those in part (a) or (b) above] that cannot be financed through changes in the regular budget lines. Such expenditures must be authorized by the membership at a General Meeting.
5. Any change to the rules governing the Reserve Fund requires the approval by the Membership at a General Meeting, voted after at least one week’s written notice of motion.
6. The Executive (acting with the approval of the Board, and after seeking the advice of the Reserve Fund Committee), may authorize permanent transfers from the Reserve Fund to the Operating Account throughout the fiscal year provided the above goal (see 2. above) has been met. If, during the fiscal year, the Operating Account experiences cash flow deficits, the Executive may authorize temporary transfers from the Reserve Fund; i.e. the Reserve Fund will provide an interest-free overdraft for the Operating Account which must be rectified by the end of the fiscal year.
7. Reserve Fund Committee Membership and Responsibilities:
a. The Reserve Fund Committee shall be made up of the Treasurer and four to six Regular Members and may also include up to two Retired Members. The Regular Members will be approved by the Board of Representatives and will be appointed for a two-year term. The Retired Members will be appointed for a two-year term in a non-voting capacity by the Board of Representatives. The Regular Members will include the Past-Treasurer unless he/she is unable or unwilling to serve or is a Retired Member, and where possible should include an UMFA representative to the CAUT Defence Fund. Regular Members and Retired Members may be re-appointed at the end of their term. The Treasurer shall chair the Reserve Fund Committee and ensure that its membership is at full complement.
b. The Reserve Fund Committee shall manage the investments of the Reserve Fund according to the “prudent person” standard set out in the Federal Insurance Companies Act: The directors of an insurance holding company shall establish and the insurance holding company shall adhere to investment and lending policies, standards, and procedures that a reasonable and prudent person would apply to avoid undue risk of loss and obtain a reasonable return.
c. The Reserve Fund Committee will manage the Reserve Fund according to the Investment Guidelines shown in Appendix A, with a view to:
i. meeting liquidity requirements of the Reserve Fund;
ii. achieving stability by investing only in moderate to low risk investments;
iii. reducing unnecessary management and administration fees; and
iv. showing preference for Canadian and socially responsible investments.
d. The Reserve Fund Committee will review its investment management services every 5 to 7 years, effective May 2013. The process for review of investment advisors shall involve requesting proposals from select investment management firms.
e. The Reserve Fund Committee will prepare an annual report to the Treasurer for presentation to the Board and Annual Meeting; the report will detail the state and performance of investments (by category) of the fund at the end of the fiscal year (March 31) and the performance of the fund by category, over the previous year. The details of how the fund is invested will be made available to members on request. The report shall include a description of the steps being taken to meet the goal for the size of the Fund, and the steps being taken to rectify any discrepancies with the guidelines in Appendix A.
f. The Reserve Fund Committee will review the short-term and long-term investment strategies of the Fund from time to time, but not less than once each fiscal year. In particular, the Committee will monitor the market value of the investment portfolio and make adjustments as required by the “prudent person” standard outlined in Clause 7b.
8. The Reserve Fund Committee shall meet at least 3 times a year.
Established: AGM April 1986
Revised: AGM April 1993
AGM April 1995
AGM May 1998
AGM May 2003
AGM May 2013
AGM May 2014
Investment Guidelines attached as Appendix "A"
APPENDIX A - UMFA Reserve Fund: Investment Guidelines
A. Investment Philosophy
1. Investment of the portfolio must be managed so as not to expose the portfolio to undue risk of loss or impairment while maintaining the purchasing power of the capital.
2. The portfolio is to be constructed so as to maximize yields consistent with a conservative, low risk profile portfolio.
3. Within the policy guidelines described below, the investment manager (the “Manager”) may exercise full investment discretion. Professional standards of care and judgement shall be exercised in all investment decisions. The Manager will abide by the Code of Ethics and Standards of Professional Conduct of the Chartered Financial Analysts® Institute.
4. The Manager will not engage in short sales or in the purchase of securities on margin. In addition, the Manager may not purchase or sell derivatives, options or futures contracts.
5. All voting rights acquired through the ownership of securities will be the responsibility of the Manager. The Manager will exercise voting rights with the intent of fulfilling the investment policies and objectives of the Reserve Fund. The Manager is expected to act in good faith and to exercise the voting rights in a prudent manner that will maximize returns to the Reserve Fund and act against any proposal which will increase the risk level or reduce the investment value of the relevant security. The Manager will maintain a voting record which will be available for review upon request.
6. When making selections, the Manager will invest in companies which take a socially responsible approach in their business practises.
B. Investment Objectives
Protect the purchasing power of the capital by ensuring that growth exceeds inflation (as measured by The Canadian Consumer Price Index) plus 3%, calculated on a rolling five year average. This objective is to be achieved through the development and implementation of investment strategies within a conservative, low risk portfolio.
2. Revenue and liquidity
Reinvest the income on an ongoing basis. The Manager shall ensure, in consultation with the Reserve Fund Committee, that in the event of job action or potential job action the liquidity requirements of UMFA are met. The Reserve Fund Committee will advise the Manager of any actual or possible upcoming job action.
C. Portfolio Diversification and Asset Quality Standards
The fund shall be held in (1) Cash and Cash equivalents; (2) Fixed Income Securities; and (3) Equities; and adhere to the following guidelines:
1. Cash and Cash Equivalents:
1.1 Cash and cash equivalents are short term securities of less than one year term.
1.2 Cash and cash equivalents may be invested in:
a) Securities of or fully guaranteed by the Government of Canada;
b) Securities of or fully guaranteed by any province of Canada;
c) Term deposits, Guaranteed Investment Certificates, and Bankers Acceptance of Federal Schedule 1 chartered banks or provincial credit unions;
d) Pooled or mutual funds or exchange traded funds (ETFs) limited to those invested in the above categories.
1.3 All Cash Equivalents will be rated Investment Grade by a recognized rating agency.
2. Fixed Income Securities:
2.1 Fixed income securities may be invested in:
a) Securities of or fully guaranteed by the Government of Canada;
b) Securities of or fully guaranteed by any province or territory of Canada or municipal government in Canada;
c) Canadian corporations;
d) Pooled or mutual funds or exchange traded funds (ETFs) limited to those invested in the above categories.
2.2 Other than for securities defined in 2.1(a) and (b), the amount invested in any single issuer will be not more than 5% of the total portfolio at market value.
2.3 All debt securities will be Investment Grade rated by a recognized rating agency.
3.1 Securities may be invested in common or preferred shares, publicly traded on recognized stock exchanges upon which market prices are readily available.
3.2 At the time of purchase:
a) Not more than 7% of the total equities at market value shall be invested in the common stock or preferred shares of any single corporation.
b) Not more than 15% of the total equities at market value shall be invested in foreign equities.
3.3 No portion of the total portfolio will be invested in small capitalization stocks, currently defined as those with market capitalization (including closely held shares) of less than C$200 million.
3.4 Pooled or mutual funds or exchange traded funds (ETFs) limited to those invested in the above categories.
3.5 Except during periods of liquidation or accumulation, each equity investment should normally constitute at least 1% of the total equities.
The Manager will ensure an appropriate diversification within each asset class.
These guidelines must be approved by the Membership at a General Membership meeting but may, in emergent situations, be modified by the Board of Representatives subject to approval at the next General Meeting of the Membership. Such modification shall take effect at the time of Board of Representatives approval.
D. Asset Mix Policy and Range of Discretion
1. Subject to the statements of Investment Philosophy (section A), Investment Objectives (section B), Portfolio Diversification and Asset Quality Standards (section C), the Manager shall have the following range of investment discretion, based on market values:
Minimum Maximum Target
Cash and cash equivalents 0% 15% 0%
Fixed Income Securities 55% 70% 60%
Equities 30% 45% 40%
2. The Fund shall be managed with the goal of meeting the percentage requirements of this paragraph at fiscal year-end. In the event that the Fund has been depleted due to expenditures under the Reserve Fund Policy, the Fund shall be managed with the goal of meeting the percentage requirements of this paragraph no later than the end of the second fiscal year following such an expenditure.
1. Trade confirmations and monthly activity statements will be provided by the custodian.
2. The Manager will provide on a quarterly basis, a comprehensive investment summary outlining current portfolio positions, income generated by the portfolio, fees and expenses paid and investment performance (both before and after fees) compared to the relevant benchmarks.
3. The Manager will provide a quarterly newsletter highlighting significant economic and financial events, market performance and market outlook.
4. Annually, the Manager will provide a Compliance Report.
5. The Manager will make a formal presentation to the Reserve Fund Committee at least annually to review the portfolio’s performance and to update the investment strategy for the coming year.
F. Conflict of Interest
1. The Investment Managers and all members of the Reserve Fund Committee, both voting and non-voting, must disclose any direct or indirect association or material interest or involvement in aspects related to his or her role with regard to the Reserve Fund that would result in any potential, actual or perceived conflict of interest.
2. A conflict of interest arises when one of the parties in F)1) receives a direct or indirect benefit on account of any transaction made on behalf of the Reserve Fund or benefit from any actual or proposed contracts with the issuer of any securities which are or will be included in the portfolio. The best interest of the Reserve Fund is the primary consideration in resolving all such conflicts.
Investment and membership guidelines:
Adopted by Reserve Fund: February 27, 1998
Endorsed by Executive Council: April 20, 1998
Endorsed by Board of Representatives: April 21, 1998
Approved at AGM, May 19, 1998
Revised by Reserve Fund Committee, November 29, 2002
Endorsed by Executive Council, December 9, 2002
Endorsed by Board of Representatives, January 30, 2003
Approved at AGM, May 15, 2003
Revised by Reserve Fund Committee, August 29, 2012
Endorsed by Executive Council, October 18, 2012
Endorsed by Board of Representatives, October 25, 2012
Approved at AGM, May 13, 2013
Approved at AGM, May 15, 2014