CONSTITUTION, BY-LAWS
and
SHIPPING RULES


LOCAL 400 (MARINE SECTION & GENERAL WORKERS)
April 21, 2026


ILWU 400 Constitution, By-Laws and Shipping Rules

Union Name

This organization shall be known as, International Longshore and Warehouse Union (Canada) Local 400, Marine Section and General Workers hereinafter known as the “Local.”

2.        Head Office

  • The head office of the Local shall be at unit 120-111 Victoria Drive, in Vancouver, British Columbia, Canada. V5L 4C4.

3.        Jurisdiction

  • The Local’s jurisdiction is all employment covered by certifications to which the Local is party and/or any other agreement that is supplemental to or becomes appended to any of those agreements.

4.        Objectives

  • The objectives of this Local are to:
    • unite and organize all eligible workers employed in the Local’s Industry:
      • the maritime industry including workers aboard ships, ferries, tankers, dredges, launches, water taxis, tugs, barges, oil response and other vessels as well as workers in related occupations ashore; and
      • the land-based and service industries of multi modal logistics, including, but not limited to freight forward services, warehouse, logistics services, road haulage, ocean side resources industries, environmental services and auto repair services, as well as all transport and general workers;
    • establish through collective bargaining, the best possible wages and working conditions for workers in the Local’s jurisdiction;
    • assist other unions whenever possible in the attainment of their demands and in their resistance to attacks on their wages and working conditions;
    • engage in political action to the fullest extent of our energy and resources, so that our economic and social gains may be protected, consolidated, and extended;
    • educate our Members as to our role and responsibilities working for unity within the labour movement locally, nationally, and internationally; we believe an injury to one is an injury to all;
    • strive within our Local and in all our collective agreements to eliminate any and all manifestations of discrimination as set out under applicable legislation, including but not limited to discrimination based on indigenous identity, race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, or disability;
    • fight all violations of democracy; to uphold the principle that all have an equal right to the opportunities, the security, and the leisure necessary to enjoy life.

5.         Definitions used in this Constitution

  • In this Constitution and the Rules, the definitions in the following sections apply unless the context requires a different meaning.
  • “Bargaining Unit” means a bargaining unit certified to be represented by the Local, and the Membership of that bargaining unit.
    • “Nomination Meeting” means a Nomination Meeting under section 12.3.
    • “Candidate” means a candidate for any elected position under this Constitution.
    • “Charge” means a charge made against a Member for breach of duty pursuant to this Constitution.
    • “Constitution” means this Constitution of the Local.
    • “day” means a calendar day.
    • “Delegate” means a delegate of the Local to another body elected or appointed pursuant to this Constitution.
    • “Executive Committee” means the executive committee of the Local as set out in section 9.1.
    • “Executive Committee Meeting” means a meeting of the Executive Committee.
    • “General Meeting” means a meeting of the Local’s Membership held pursuant to this Constitution.
    • “General Workers” means the Bargaining Units in land-based and service industries, and does not include Marine.
    • “Health and Safety Representative” means the Health and Safety Representatives under section 16.4.
    • “IBU” means the Inlandboatmen’s Union of the Pacific – Marine Division of the ILWU in the United States of America.
  • “Industry” means the industries in which the Local has organized in or seeks to organize in, as listed in section 4.1(a).
    • “Marine” or “Mariners” means the Bargaining Units in the marine Industry and does not include General Workers.
    • “Member” when used without the phrase “not in good standing” means a person under section 8.1. For clarity, they have full rights of Membership.
    • “Member not in good standing” means a Member under section 8.2. For clarity, they do not have any rights under this Constitution except the right to appeal a Trial decision.
    • “Notice” means written notice given or delivered by any, or any combination, of the following methods:
      • in person;
      • by pre-paid first-class mail to the mailing address shown in the Local’s records; or
      • by email or other means of electronic communication to an address, number, or other identifier for the recipient appropriate to the means of communication included in the records of the Local.
  • and if sent under (b) or (c) is deemed to have been given three days after it is sent.
    • “Office” means the position of an Officer.
    • “Officer” means a person elected or appointed to a position listed under section 9.1(a).
    • “Phone Chain” means the Local’s phone-calling chain system used for communicating with all Members except those who request not to be contacted through this system.
    • “Rules” means the Rules adopted pursuant to section 18.1 and not in conflict with this Constitution.
    • “Shipping Rules” means the Shipping Rules that govern dispatch, adopted pursuant to this Constitution.
    • “Shop Steward” means a Shop Steward elected or appointed under section 16.1.
    • “Trial” means the trial of a Member under section 14.
    • “Trial Board” means one or more persons designated under section 17.9 of this Constitution.
    • “WCB” means the Worker’s Compensation Board.
    • “Withdrawal” means a right to return to Membership under section 8.15.

6.        Interpretation of this Constitution

  • In this Constitution, unless the circumstances require otherwise:
    • words in the singular include the plural, and words in the plural include the singular, except the number “one” shall be singular only;
    • words signifying female or male include all genders;
    • “shall” is used as an obligation;
    • if a word or expression is defined, other grammatical forms of the same word or expression have corresponding meanings; and
    • headings are used only for convenience of reference and are not part of this Constitution and shall not be used as aids to interpretation of this Constitution.
    • ThePresident shall decide any dispute that arises as to meaning or application of this Constitution, subject to variance or reversal by the Membership.
    • As per article 4, section 4 of the ILWU Canada constitution, if this Constitution is inconsistent with the ILWU Canada constitution, or with the decisions adopted by the ILWU Canada Convention, or through any ILWU Canada referendum, the latter prevail over the Constitution to the extent of the inconsistency.

7.        General Meetings

  • The Executive Committee shall hold General Meetings for the Membership at least quarterly on the second Tuesday of March, June, September, and December. Additional General Meetings may be called by:
    • the Membership at a General Meeting; or
    • by request of the Executive Committee or at least five Members.
    • Quorum at a General Meeting shall be 21 Members.
    • The Local’s business and decision-making shall be conducted in accordance with motions passed by simple majority of Members present and voting at General Meetings and by Membership referendums.
    • The Executive Committee shall hold meetings for the Members of individual Bargaining Units:
      •  if called by a General Meeting or the Executive Committee; or
      •  at the request of five or more Members from the Bargaining Unit.

8.        Membership

Rights and Duties

  • Members have full rights under this Constitution. They must be duly admitted to Membership and on active work or available for such work. No one ceases to be a Member who, because of accident or sickness, not causing permanent disability, is temporarily excused from work and who continues to carry out their obligations to the Local.
    • Members not in good standing have no rights but all the obligations of Members under this Constitution and to the Local, except that a Member not in good standing retains the right to appeal a Trial decision.
    • Members are entitled to:
      • direct the Local through democratic participation and representation of their Bargaining Unit; and;
      • receive communication through channels that maximize their participation;
      • examine, criticize and improve the Local structure, to express ideas, and initiate policy and in general to contribute to the advancement of the Local;
      • attend bargaining sessions of the Bargaining Unit they are employed in;
      • when booked off a shift by the Local, receive compensation from the Local for what the Member would have earned had they worked the missed shift;
      • be represented on-the-job at each Bargaining Unit; and
      • initiate Phone Chain communications on issues they consider important, through General Meetings.
    • Members shall:
      • abide by the Constitution;
      • be inducted into the Local at the earliest opportunity;
      • attend at least one General Meeting a year and vote in all elections;
      • provide their current address, email and phone number to the Local;
      • promptly notify any change in the contact information or circumstances affecting their right to, or category of, Membership;
      • pay promptly all fines, assessment, and dues properly charged to them by the Local;
      • provide their paystubs at the request of the Executive Committee, for any of the following purposes specified at the time of the request,
        • calculate Membership dues.
        • negotiate Members’ terms of employment;
        • ensure employers are complying with collective agreement obligations; or
        • identify and advance grievances against employers;
      • report to the Local office during industrial disputes;
      • perform picket duty when lawfully requested to do so; and
      • work actively for the welfare of unionism, for the Local and the Membership, including but not limited to participation in the Phone Chain.
    • Members are deemed to know the Constitution and Rules of the Local.

Eligibility

  • In order to become a Member of the Local, a person must:
    • be employed by a company under agreement with the Local;
    • have completed 60 days with that company;
    • pay an initiation fee of 7.0 % of the basic monthly salary for the position they are dispatched for or employed in, as set out under the collective agreement for their bargaining unit; and
    • take the following Membership pledge:
  • “I, __[NAME]_, do solemnly promise to accept as my own the objectives of ILWU Local 400. I shall observe the Local’s Constitution and Rules and shall neither by word nor deed knowingly bring discredit on the Local or its Members”
  • but (a), (b), or (c) may be waived by the Executive Committee for organizing purposes.
    • A person taking a Membership pledge must do so at:
      • a General Meeting;
      • a meeting of their Bargaining Unit; or
      • an Executive Committee meeting only if authorized by the Executive Committee.

Induction

  • To be inducted into the Local, new Members must attend a new Member orientation.

Dues

  • Full dues are $170 per month, as of March 1, 2021.
    • Members shall pay dues as follows.
      • Members working and/or on lay-days for 150 hours or more at an employer in a calendar month shall pay full dues for their work at that employer.
      • Members not working, or working and/or on lay-days for less than 150 hours in a calendar month, or earning below $35 per hour, shall pay the greater of:
        • 2.5% of their gross wages per month, up to full dues; or
        • $25 per month.
      • Members on WCB maximum wage loss benefits or on weekly indemnity shall pay 50% of full dues.
      • Members on WCB Pension or Long Term Disability commencing March 1, 2016 or later shall pay $25 per month.
      • Members on WCB Pension or Long Term Disability commencing prior to March 1, 2016 shall pay $10 per month.
    • Any change in dues structure or assessment of the Local must be first approved by a majority of Members in a referendum ballot.
    • A Member who does not pay required dues by the end of each month, or within the 15 day grace period, shall not be in good standing until their dues are fully paid.
    • The Executive Committee may cancel the membership of Members whose dues are more than three months in arrears, subject to the Rules and any applicable Collective Agreement, and only if they provide advance notice to the Member by registered mail, email, and phone call.

Withdrawal

  • A Member who leaves the Local’s jurisdiction may suspend their Membership by applying to the Local for Withdrawal, provided they are not in arrears for any dues or assessments, and they meet any other conditions determined by the Local.
    • An individual on Withdrawal is entitled to be reinstated to Membership once they resume paying dues, are not in arrears or on trial pursuant to this Constitution, and meet any other conditions determined by the Local.

9.        Executive Committee

Positions on the Executive Committee

  • There shall be elected biennially in the month of June, an Executive Committee composed of the following positions, which are open to all Members unless otherwise specified:
    • Officers:
      • President;
      • Vice President (Marine): open to Mariners only;
      • Vice President (Health, Safety and Environment);
      • Vice President (General Workers): open to General Workers only;
      • Vice President (Northern Division); and
      • Secretary-Treasurer; and
    • Executive Committee Members:
      • 16 Executive Committee Members-at-Large; and
      • additional Executive Committee Members-at-Large: open to Members from specific Bargaining Units under section 9.2.
    • Each Bargaining Unit is entitled to a minimum of two Executive Committee Members from its Membership. A Bargaining Unit that does not have two Executive Committee Members-at-Large under 9.1(b)(i) may elect additional Executive Committee Members from its Membership, by referendum ballot, to ensure its minimum representation entitlement is met.

Duties of the Executive Committee

  • The Executive Committee shall:
    • review the work of Officers of the Local;
    • generally supervise the activities of the Local;
    • study ways and means for the improvement of meetings;
    • make recommendations to the Membership regarding any matter of policy and generally to take such action as will advance the interests of the ILWU as a whole, and the Membership of the Local in particular; and
    • actively participate in the Phone Chain when it is engaged;
    • The Executive Committee may:
      • decide and direct on all matters within the Executive Committee’s authority, unless and until varied or reversed by the Membership;
      • initiate Phone Chain communications;
      • authorize any former Member, such as a former President of the Local, to participate in meetings with a voice but no vote.

Executive Committee Meetings

  • The Executive Committee shall hold Executive Committee Meetings at least once every month.
    • A quorum at Executive Committee Meetings shall be five or more Executive Committee members.
    • Executive Committee members who miss three consecutive meetings without informing the Executive Committee may be removed at the discretion of the Executive Committee.
    • Members may attend Executive Committee meetings with voice but may only vote if they are on the Executive Committee.
    • If an employer proposes an amendment or letter of understanding to a Bargaining Unit’s collective agreement, to take effect during the term of the agreement:
      • the Executive Committee members from that Bargaining Unit shall decide, in the following order, whether to:
        • dismiss the proposal; or
        • send the proposal to the Bargaining Unit for negotiation; or
        • conduct a ratification vote from the Members of that Bargaining Unit; or
      • if there are no Executive Committee members from that Bargaining Unit, the Executive Committee shall establish a committee from that Bargaining Unit to make the decision and/or negotiate with the employer.

Signing Authority

  • The President, Secretary-Treasurer, Vice President (Marine), and Vice President (General Workers) shall have signing authority for the accounts of the Local.  All transactions must be approved in advance by the President or Secretary-Treasurer, and recorded with the Secretary-Treasurer.

10.     Officers

President

  1. The President shall:
    1. devote their entire time to their duties as a paid full time Officer;
    2. be the Executive head of the Local and chair of the Executive Committee;
    3. exercise general supervision over all the affairs of the Local;
    4. direct the work of other full-time employed Officers;
    5. preside at all Executive Committee Meetings, unless prevented by sickness or other bona fide reason;
    6. co-ordinate and administer the affairs of the Local in between meetings of the Executive Committee, as directed by the Executive Committee;
    7. sign all documents which the Executive Committee or the membership have directed to be signed;
    8. strictly enforce the Constitution, Rules, Working Agreements and general policy of the Local;
    9. present a written report to the Membership at the termination of their term of Office describing the:
      1. general state of the Local;
      2. dispositions of Membership and Executive Committee decisions; and
      3. recommendations for the future welfare of the Local;
    10. in the event of a tie vote where the Constitution does not otherwise specify how to break the tie, cast a deciding vote;
    11. sit as a spokesperson on Negotiating Committees with no vote unless there is a tie to break;
    12. see, personally, or through the supervision of others, that all grievances arising out of the working agreements are adjusted; and
    13. upon request of the Executive Committee, provide the Executive Committee with all correspondence, records, documents and property of the Local in their possession.
    14. The President’s decision on all matters within the President’s authority shall stand, unless and until varied or reversed by the Executive Committee or the Membership.

Secretary-Treasurer

  1. The Secretary-Treasurer shall:
    1. be the Secretary of the Executive Committee;
    2. work as scheduled by the Executive Committee and the President;
    3. have charge of and preserve all books, documents, records and effects of the Local and the Executive Committee;
    4. record all proceedings of Executive Committee and General Meetings;
    5. organize and schedule meetings for the Local, including but not limited to Executive Committee Meetings and General Meetings;
    6. keep a true accounting of all receipts, expenditures and funds of the Local and provide a written report of this work to the Membership for General Meetings;
    7. collect all dues, assessments, fines and other monies belonging to or owing to the local;
    8. deposit all monies belonging to the Local in a bank or credit union named by the Executive Committee and, on request of the Executive Committee provide an account of all monies to the Executive Committee; and
    9. arrange for the books and accounts to be audited before the Nomination Meeting, and file copies of all such audits with the Secretary-Treasurer of ILWU Canada.

Vice Presidents

  1. All Vice Presidents except the Vice President (Health, Safety and Environment) shall, for the Bargaining Units they represent:
    1. act as a representative, and, to that end, shall represent Members in negotiations and grievances and otherwise provide services as assigned by the President and instructed by the Membership; and
    2. participate in all Negotiating Committees.
    3. The work schedule of the Vice Presidents shall be assigned by the Executive Committee and the President.
    4. The Vice President (Marine) shall:
      1. devote their entire time to their duties as a paid full time Officer;
      2. oversee matters related to or affecting the Mariners;
      3. administer the dispatch system in accordance with the Rules;
      4. keep an accurate daily log of all activities and decisions affecting the Local; and
      5. shall administer and oversee dispatch.
    5. The Vice President (General Workers) shall oversee matters related to or affecting the General Workers.
    6. The Vice President (General Workers, Northern Division) shall oversee matters related to or affecting the Bargaining Units located north of the 52nd parallel in British Columbia.
    7. The Vice President (Health, Safety and Environment) shall:
      1. oversee matters related to Health and Safety for each Bargaining Unit;
      2. have charge of and preserve all documents in regard to each Bargaining Unit’s Health and Safety, JOSH & Policy committees; and
      3. represent Members in all Health and Safety related matters and otherwise provide services as assigned by the President and instructed by the Membership.
    8. Officer Compensation and Benefits
    9. Full time elected Officers are entitled to the following compensation and benefits:
      1. a base annual salary of $107,412 (rate effective October 1, 2025) plus 12% for unpaid overtime; base salary shall increase each October 1 by Statistics Canada’s average Consumer Price Index for Vancouver for the preceding 12 month period of July 1 to June 30 (Cost-of-Living Adjustment);
  • all employment insurance premiums paid by the Local;
    • 20 days of paid vacation per year;
    • a nine day fortnight with the 10th day as paid leave only and not paid out;
    • health and welfare benefits as set out in the Towboat Marine Industry Plan except:
      • Life Insurance and ADD are $110,000;
      • Weekly Indemnity and Long Term Disability are based on the wage calculation in (a) and (b); and
      • the pension plan contribution is based on the wage calculation in (a) and (b); and
    • allowances:
      • $500 vehicle allowance per month; and
      • either $54 per diem or $125 per overnight diem.
    • Officers who are not full time and are available for union business on occasion or at request of the Executive Committee or the President are entitled to be paid their daily rate of pay as per the collective agreement from the Officer’s Bargaining Unit.

11.     Secret Ballot Voting

  1. Voting shall be by secret ballot:
    1. for the election of all positions under this Constitution;
    2. for amending this Constitution or the Shipping Rules; and
    3. when requested by any Member.
    4. For all secret ballot votes under this Constitution, the default method shall be an online voting service selected by the Executive Committee, but any Member who requests a mail in ballot shall be provided one. The Executive Committee may direct that in person voting or a mail-in ballot be used instead of an online voting service.
    5. When selecting an online voting service, The Executive Committee shall give due consideration for security, accuracy, accessibility, privacy, and efficiency and compliance with the Labour Relations Code. The Executive Committee may give additional voting directions that the Executive Committee considers necessary to ensure validity.

12.     Elections

Voting Eligibility

  1. Only Members eligible for a position may vote in the election of that position, except that all Members may vote for Executive Committee Members-at-Large under section 9.1(b)(i).

Term

  1. The term for all positions under this Constitution is two years.

Nomination

  1. The Executive Committee shall hold a Nomination Meeting biennially in the month of June, for the purpose of nominating the Candidates for all elected positions under this Constitution.
    1. Candidates shall be nominated at the Nomination Meeting, at which they must verbally accept their nomination unless they have provided the Secretary-Treasurer with advance written notice of their willingness to stand.

Election Committee

  1. An Election Committee of at least three readily available Members shall be elected by and from the Members attending the Nomination Meeting. No Member accepting nomination for any Office shall be eligible to serve as a Member of the Election Committee.
    1. Immediately following their election, the Members of the Election Committee shall meet and appoint one of their Members as chair.
    2. The Election Committee shall, in consultation with the Secretary-Treasurer, prepare a list of all Members who are in good standing, not in arrears, and eligible to vote according to the records of the Local. Members in arrears who pay current dues prior to the ballot count deadline shall receive a ballot. Members may only vote on positions open to all Bargaining Units or positions that are designated specifically for their Bargaining Units.

Election Procedures

  1. The Election Committee shall:
    1. ensure the election statements of the Candidates:
      1. only contain the Candidate’s employer, position with employer, history in the industry, Local activity, and their own Local policy priorities;
      2. contain no false reports or misrepresentations; and
      3. do not exceed 200 words;
    2. ensure each Member only votes for positions for which they have a right to vote;
    3. schedule dates for the elections of all positions which there are Candidates;
    4. be responsible for all aspects of the election including the content and formatting of ballots and return envelopes if applicable;
    5. if the vote involves an online voting service, instruct those persons as follows:
      1. only electronic ballots collected during the designated voting time-period are to be counted;
      2. no information on the progress of the count shall be released to anyone prior to the close of balloting; and
      3. the final count, together with all the supporting evidence shall be turned over to the Election Committee as soon as possible after the close of balloting; and
      4. if requested by any Member eligible to vote, that the voting service manage the election fully and independently;
    6. if the vote involves mail in ballots:
      1. prescribe a ballot return address that is a post office box only available to the chair of the Election Committee, and another place of safe-keeping for the ballots, neither of which shall be opened by the chair unless accompanied by at least one other member of the Election Committee;
      2. set a closing date for returning ballots not less than 30 days and not more than 45 days from the posting of the ballot;
      3. immediately following the closing date of the ballot, or as soon thereafter as possible, take from the post office box and designated place of safekeeping all ballots deposited therein, and tabulate the votes cast for each Candidate; and
      4. tally the votes; and
    7. then tally the combination of online and paper ballot votes.
    8. The chair of the Election Committee shall:
      1. for each elected position, declare the Candidate receiving the highest number of votes elected immediately after the final tally is complete;
      2. make a full report of the results of the election to each Member by circular letter; if a vote involves mail in ballots, each Candidate may have a representative present when the ballots are counted, but their representative shall not interfere in any way with the work of the Election Committee;
      3. upon the request of any Candidate within three days of the election, disclose full details of the election and voting results to that Candidate, after which the Candidate has seven days to raise any concerns; and
      4. promptly respond to any concerns raised by a Candidate under (c).
    9. In the event of a tie vote, the winner shall be determined by secret ballot vote between only the tied Candidates at the next General Meeting.
    10. Those elected shall be installed into their positions as soon as possible after their election.

Vacancies & By-Elections

  1. If a vacancy occurs in any Officer position,
    1. a by-election by referendum ballot shall be held to fill the vacancy;
    2. the Executive Committee shall ensure the vacancy or resignation is submitted to the next General Meeting, at which the chair shall declare when nominations will take place, which shall be at the following General Meeting.
    3. By-elections will not be held after January 1st in the year of the Nomination Meetings.
    4. In the event of a vacancy in
  • the Office of President, the Secretary-Treasurer shall replace the President and the Executive Committee may appoint one of the Marine Executive Committee Members to replace the Secretary-Treasurer until an election is held; or
    • any other Office, the Executive Committee may appoint one of the Executive Committee Members to fill the vacancy until an election is held.
    • In the event there are 12 or less Executive Committee Members, a referendum ballot shall be held to bring up the total to 16 members.

ILWU Canada Elections

  1. For ILWU Canada elections, the Local shall administer its own voting in accordance with sections 11 and 12 of this Constitution, and then provide the results to ILWU Canada.

13.     Other Committees

Negotiating Committees

  1. Each Bargaining Unit shall elect a Negotiating Committee from its Membership each time a new collective agreement is to be negotiated for that Bargaining Unit. Only Members of a Bargaining Unit may vote for or be elected to that Bargaining Unit’s Negotiating Committee. If no Members of a Bargaining Unit are willing to be elected, the Officers may bargain on behalf of that Bargaining Unit.
    1. Negotiating Committees shall:
      1. represent their Bargaining Unit in bargaining the next collective agreement;
      2. keep the Membership informed as to the progress and issues of collective bargaining and negotiations;
      3. participate in the Phone Chain;
      4. after agreeing to a tentative collective agreement, ensure a ratification vote is completed within 45 days; and
      5. make decisions by majority vote.
    2. Only Members of a Bargaining Unit may participate in bargaining or ratification of that Bargaining Unit’s Collective Agreement.

Diversity & Equity Committee

  1.  The Executive Committee shall seek Diversity & Equity Committee nominees from Members who identify with equity-seeking groups, including but not limited to women and minority races, sexual orientations and genders. From the nominees, the Executive Committee shall appoint a Diversity & Equity Committee that represents equity-seeking groups.
  2. The Diversity & Equity Committee shall:
    1. appoint a chair from its members;
    2. identify, evaluate and report to Local meetings on issues and matters of equity for the Members; and
    3. encourage Local participation in equity-promoting conferences, and seminars dealing with trade union concerns.

Young Workers’ Committee

  1. A Young Workers’ Committee shall be elected from Members under the age of 35.
    1. The Young Workers’ Committee shall:
      1. be composed of three Members, or more if directed by the Executive Committee;
      2. appoint a chair from its members;
      3. identify, evaluate and report to Local meetings on issues and matters of particular concern to young workers and all Members; and
      4. encourage Local participation in young workers’ conferences and seminars dealing with trade union concerns.

Safety Committee

  1. A Safety Committee shall be elected from Members nominated to be Health and Safety Representatives of their Bargaining Units.
    1. The Safety Committee shall:
      1. be composed of one Member from each Bargaining Unit;
      2. be chaired by the Vice President (Safety, Health and Environment);
      3. identify, evaluate and report to Local meetings on issues of particular concern regarding safety to all Members;
      4. encourage Local participation in safety conferences and seminars dealing with safety concerns; and
      5. encourage participation in matters of Health and Safety from each Bargaining Unit.

14.     Association with the Inlandboatmen’s Union of the Pacific

Objective

  1. The Local intends to associate and cooperate with the IBU in recognition of their mutual interests.

IBU Participation in the Local

  1. The Local shall invite two IBU delegates per year to visit and attend an Executive Committee meeting report on the activities of the Local, with voice but no vote.

Joint Negotiations

  1. When approved by the Executive Committee, the IBU executive council, the executive committees of the IBU regions affected, and the applicable Negotiating Committees, those Negotiating Committees and the Executive Committee shall coordinate negotiations with the IBU in an effort to protect the welfare of affected members in bargaining.

Political Coordination

  1. The Local will seek to coordinate their political efforts with the IBU on international issues in a determined effort to protect their collective membership.

15.     Meeting Formats

  1. Any meeting under this Constitution may be held by videoconference, in person, or a hybrid of both. The default formats shall be as follows.
    1. General Meetings shall be by videoconference unless otherwise decided by the Membership.
    2. Nomination meetings shall be in person unless otherwise decided by the Membership.
    3. Executive Committee Meetings shall be by videoconference unless otherwise decided by the Executive Committee.

16.     Other Representatives of the Local

Shop Stewards

  1. Each Bargaining Unit shall elect at least one Shop Steward from its Membership. If only one Member accepts nomination, the Bargaining Unit shall appoint that Member as a Shop Steward.
    1. Shop Stewards shall serve the Members of their Bargaining Unit, which may include disseminating information, promoting solidarity, and being present when a Member requests and is entitled to the presence of a union representative as per their collective agreement.
    2. Shop Stewards have no authority to, on behalf the Local or their Bargaining Unit:
      1. negotiate or conduct labour relations with employers;
      2. advance or resolve grievances; or
      3. interpret collective agreements.

Health and Safety Representatives

  1. Each Bargaining Unit shall nominate and elect a Health and Safety Representative from its Membership, in accordance with occupational health and safety legislation. Each Bargaining Unit shall have one Health and Safety Representative, or more if required by law or directed by the Executive Committee.

17.     Discipline

Discipline restricted

  1. Every Member, before being disciplined by the Local, is entitled to a fair hearing including:
    1. prompt notification in writing of the Charge made against them; and
    2. an opportunity to be heard in their defense.
    3. The Local shall not impose any penalty on a Member except pursuant to the discipline procedures in this Constitution.
    4. The Local shall not impose any discipline except for a breach of duty under this Constitution or the Rules.

Breach of duty

  1. A Member may be disciplined for any breach of duty under this Constitution. Without limiting the generality of the foregoing, a breach of duty under this Constitution is committed by any Member who:
    1. violates any provision of the Constitution, Rules, or established procedures of the Local;
    2. commits acts which jeopardize, or are detrimental to, the welfare of the Local;
    3. obtains, or assists another person to obtain, Membership through fraudulent means or by misrepresentation;
    4. reveals, without proper authorization, information confidential to the Local to anyone not entitled to it;
    5. makes a Charge without reasonable grounds for believing the Charge to be true;
    6. crosses a picket line of the Local or any union or organization of workers when under no legal duty to do so;
    7. attends at work when under no legal duty to do so because a lawful work stoppage is then taking place, whether or not a picket line is established;
    8. works as a scab or replacement for an employee not at work due to a strike, lockout or other stoppage when under no legal duty to do so;
    9. fails to pay when due, the dues, fees, assessments, or fines levied by the Local or fails to authorize their payment by payroll deduction;
    10. commits a fraud in a Local election, or otherwise interferes with, or attempts to interfere with, the rights of a Member provided for in this Constitution;
    11. commences or advocates that a Member commence, a proceeding in a Court or tribunal against the Local, any Officer, or any Member, in any matter concerning the affairs of the Local, without first exhausting all remedies provided for in this Constitution;
    12. attempts to bring about the withdrawal from the Local of any Member, or group of Members, in any way other than through procedures set out in this Constitution;
    13. publishes or circulates, orally or otherwise, false reports or deliberate misrepresentations concerning the Local or any Member in respect to any matter connected with the affairs of the Local;
    14. works in the interest of any organization competing with the Local in a manner which is detrimental to the Local;
    15. unlawfully receives or misappropriates any property of the Local;
    16. removes or retains, without proper authorization, any monies, books, papers or other property belonging to or in the possession of the Local;
    17. obstructs the orderly process of a meeting of the Local including Executive Committee Meetings, or fails to keep order when directed to do so by the chairperson of any such meeting;
    18. attempts, by the use of coercion or intimidation of any kind, to cause a Member to refrain from carrying out their obligations, or exercising their rights under this Constitution;
    19. uses, without authority, the name of the Local for soliciting funds or advertising;
    20. wrongfully interferes with any Member, Officer, or any other authorized representative of the Local, in the discharge of their duties under this Constitution;
    21. destroys, mutilates, or erases without proper authorization any property of the Local including any books, records, bills, receipts or vouchers;
    22.  fails to perform, without reasonable justification, picketing or any other duty reasonably required of Members during lawful work stoppages by Members;
    23. works in the interests of, or accepts membership in, any organization competing with the Local to represent persons eligible for Membership in the Local;
    24. fails, without reasonable explanation, to fulfil their duties as an Officer;
    25. refuses to appear or fails to appear, without reasonable excuse, as a witness before a Trial Board, or to provide documents in their possession to a Trial Board which the Trial Board considers relevant to a matter before it.

Charges

  1. Any Member may Charge another Member for an offence under the preceding section.
    1. A Charge must contain a written description of the alleged breach of duty, including an estimated date and location of the breach, and the Charging Member’s signature.
    2. A Member must deliver the Charge to the Local within 30 days from the time the Charging Member first became aware of the alleged breach of duty.
    3. The Executive Committee shall give Notice to the Charged Member with a copy of the Charge, within 30 days of receipt of the Charge by a General Meeting, in person or by email or registered mail to the address shown in the Register of Members.

Trial Board

  1. After a Member is Charged, a General Meeting shall:
    1. appoint three Members to be a Trial Board; and
    2. give Notice of the three Members serving on the Trial Board to the Charged Member and the Charging Member.
    3. If the Charged Member is an Officer, they shall not participate in the appointment of Members to the Trial Board.
    4. If more than one Officer is being Charged, the Local shall elect the Trial Board at the next General Meeting.
    5. The Charging and Charged Members may challenge for reasonable cause the appointment by the Executive Committee of any Member to the Trial Board. The Charging or Charged Members shall submit any challenges to the President within three days of receiving Notice of the appointment of the Members to the Trial Board. If the President considers the challenge valid, they will disqualify the person challenged and select another member to sit on the Trial Board.
    6. If the President is unavailable, or has an interest in the Trial that the Executive Committee considers raises a reasonable apprehension of bias, the Executive Committee shall designate an Officer or Member to carry out the functions of the President under section 17.12.

Consolidation of Charges

  1. The Executive Committee may direct that any number of Charges be heard by the same Trial Board.
    1. If the Trial Board has been directed to hear more than one Charge it shall decide which, if any, of the Charges shall be heard at the same time.

Trial

  1. The Trial Board shall determine its procedures, which shall ensure a fair hearing with decisions to be made on the merits which shall not be invalidated by a technical irregularity or an error of procedure that does not result in a denial of natural justice, and not be inconsistent with this Constitution.
    1. The Trial Board shall serve the Charged Member and the Charging Member, in person or by email or registered mail to the address shown in the Register of Members, at least seven days before the Trial, with Notice of the time, date and place of the Trial.
    2. The Trial Board may grant adjournments of the Trial before commencement or during the Trial upon conditions it considers appropriate.
    3. The onus of proof is on the Charging Member.
    4. Both the Charged Member and the Charging Member have the right to call and examine witnesses, cross-examine witnesses called by a party opposite in interest, and make submissions at the Trial.
    5. The Trial Board may receive and accept such evidence or information on the promise of the witness to tell the truth, or on affidavit or otherwise as it considers proper whether or not the evidence would be admissible in a court.
    6. Both the Charged Member and the Charging Member may be represented by a Member as counsel. The Trial Board may retain a lawyer or other advisor to assist it in the conduct of its proceedings.
    7. The Trial Board shall have regard to the real substance of the Charge and is not bound by a strict legal interpretation of any issue.
    8. If the Charged Member or the Charging Member fails to appear at any stage of the Trial in person or through a representative without reasonable excuse, the Trial Board may proceed with the Trial and make a decision in their absence, or it may adjourn the Trial.
    9. The Trial Board may order Members to appear as witnesses, upon the request of either the Charged Member or the Charging Member, or on its own motion, and may order Members to produce documents in their possession or control to the Trial Board that it considers relevant to a matter before it.
    10. Following the completion of the evidence and submissions at the Trial, the Trial Board shall decide by majority whether the Charged Member is guilty or not guilty of the Charge.

Penalty

  1. If the Trial Board decides that the Charged Member is guilty, the Trial Board shall, after giving the Charged Member and the Charging Member an opportunity to make submissions regarding penalty, recommend a penalty which is in keeping with the nature and circumstances of the Charged Member’s breach of duty under this Constitution.
    1. Without restricting the generality of the foregoing, the Trial Board may recommend any one or more of the following penalties:
      1. suspension or termination of Membership;
      2. terms of continued Membership or return to Membership;
      3. a fine accompanied with the loss of good standing until that fine is paid, and the loss of Membership if that fine is not paid within 30 days; or
      4. any other penalty it considers appropriate in the circumstances.
    2. Any fine which a Member owes to the Local is a debt due, owing and payable to the Local by the Member within the time specified by the Local and is recoverable by any means available to the Local including a Court action.
    3. The Trial Board shall present its decision and recommendation at the next General Meeting.

Decision

  1. Upon receiving the report of the Trial Board, the General Meeting may take the following action:
    1. If the verdict is “not guilty”, the General Meeting may accept such verdict or refer the case back to the Trial Board for further consideration. If the case is referred back, the Trial Board shall re-hear the case, may receive such further evidence as may be submitted, and make a new decision.
    2. If the verdict is “guilty”, and a penalty is imposed, the General Meeting may accept the Trial Board’s recommendation, in which case the member or members found guilty shall suffer the penalty imposed.
    3. If the verdict is “guilty”, the General Meeting may, on due consideration, change the verdict to “not guilty” or may lessen, but not increase the penalty recommended by the Trial Board.
    4. If the verdict is “guilty”, the action taken by the General Meeting shall, subject to the Constitutions of the ILWU Canada and ILWU International, be the final disposition of the case.
    5. When considering any report of the Trial Board, the General Meeting shall, before reaching any final decision, give the Charged Member and Charging Member an opportunity to speak on their own behalf, either personally or by another Member.
    6. Any fine which a Member owes to the Local is a debt due, owing and payable to the Local by the Member within the time specified by the Local and is recoverable by any means available to the Local including a court action.

Power to suspend

  1. Notwithstanding the provisions of this Article, the Executive Committee may, pending disposition of the Charge, suspend from Membership any Charged Member and suspend from Office any Charged Officer, or impose terms of continuance in Membership or Office.
    1. If a suspension is imposed by the Executive Committee pursuant to the foregoing provision, the Trial Board shall make its decision within 60 days from the time the Charged Member was suspended unless the Charged Member agrees to a longer period.
    2. If the Charged Member is an Officer, they shall not participate in deciding whether or not they should be suspended, and they shall not be counted as part of the quorum for the Executive Committee Meeting making that decision.
    3. If more than one Officer is being Charged, the Executive Committee shall call a General Meeting to vote on whether to suspend the Charged Officers pending a disposition of the charges. The same time limits as set out in section 17.35 apply.

Trial record

  1. The Trial Board shall keep a trial record of all written submissions made to the Board, as well as any rulings it makes in the course of the Trial.
    1. Following the completion of the Trial, the Trial Board shall give the trial record to the Executive Committee which shall retain it with the records of the Local.

Appeals

  1. The Charged Member or the Charging Member, regardless of whether they remain Members or are Members not in good standing, may appeal the decision of the Trial Board to the ILWU Canada.

18.     Rules

  1. The Shipping Rules may only be amended under section 19.1, but only Bargaining Units that require dispatching from the Local may vote in the referendum ballot.
    1. Other Rules may be adopted or amended by a General Meeting as follows.  A Member must present a notice of motion of the proposed or amended rule at a General Meeting.  Within two weeks the Executive Committee shall provide Notice to the Members of the motion and instructions for voting. The motion shall be voted on at the next General Meeting. A referendum ballot is not required.
    2. Where there is a conflict between any Rule and this Constitution, the Constitution shall prevail.

19.     Amendments

  1. This Constitution may only be amended by a majority vote in a referendum ballot as follows. A Member must present a notice of motion of the proposed amendment at a General Meeting.  Within two weeks the Executive Committee shall provide Notice to the Members of the motion and instructions for voting. The motion shall be voted on at the next General Meeting. If the motion passes, a referendum ballot shall be conducted according to any applicable procedures under section 11 of this Constitution.

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ILWU 400 SHIPPING RULES

PREAMBLE

A.       The purpose of these rules is to provide a fair and orderly system of rotary shipping.

B.       Any member desiring to propose new Shipping Rules, or amendments to existing ones, shall give notice of such changes at a General Meeting and these changes will be dealt with at the June and December meetings.  If a change or amendment requires an immediate decision, the President and the Secretary-Treasurer are empowered to bring such changes to the next General Meeting.

REGISTRATION

1.       (a)      No member to register or compete for shipping while on company payroll or in bad standing with the Local and this to be strictly adhered to at all times.

          (b)      Members on indefinite layoff and whose laydays have run out are eligible to register on the Board.  Members with recall rights may exercise these rights only by terminating any other employment to which they had been dispatched.

          (c)      No one to be registered for a job unless dues are paid up to the date of registration.

          (d)      No member to remain on the Shipping Board unless their dues are paid up by the end of each month.  A fifteen (15) day period of grace is allowed.

          (e)      Any member who repeatedly fails to perform duties which are reasonably required of a job to which they were dispatched or anyone who repeatedly fails to show up at sailing times or to complete normal sailing schedules, and anyone who repeatedly abuses or threatens other members they are working with, either due to health problems, abuse of intoxicating substances, or incompetence shall not be re-registered for employment nor dispatched until such time that they demonstrate to the satisfaction of the Local Union that the problem has been corrected.

2.       (a)      No member shall register for any rating without showing proof of discharges for the particular rating they choose.

          (b)      Any job that is posted on the board and any member who wishes to change their registration must do so twenty-four (24) hours before the call is to be made.

3.       All registration shall be from 9:00 a.m. to 4:00 p.m. and members must come to the Hall to register if they live in the Greater Vancouver area.

4.       (a)      When a job is dispatched and the person on the top of the board, through their own actions is ineligible for hire, it shall be deemed that the person has not availed themselves        of the opportunity to bid for the job.

          (b)      Any member who has been on top of the shipping list for fifteen (15) regular dispatch days* and has had the opportunity during this time to compete for a job in their category and has not availed themselves of this opportunity, shall have their card removed from the shipping board and shall have to re-register to further compete for work.

          *         Fifteen regular dispatch days do not include weekends or holidays.

          (c)      Any member who is at the top of the board and who is not available for off calls shall not be penalized.

5.       All registration shall be made at a place in full view of the membership present in the Hall.

6.       Any member receiving medical care which prevents them registering shall have their card dated as of commencement of such care, and on doing so shall retain their place on the shipping list. Such members shall report to the dispatcher within three (3) days of discharge from doctor or hospital, with a letter from the doctor specifically stating dates under care.

DISPATCH

1.       All shipping done through the Union Hall shall be on a rotary basis, and this shall be the only system used.

          Members unable to attend the Dispatch Hall may compete for jobs by telephone.  The Dispatcher will record jobs on the dispatch tape when these are received.  To compete for jobs by telephone, members must record their willingness to compete for a job on the dispatch tape. This record will be played in the Hiring Hall at the time a job is dispatched.

2.       Any member doing volunteer work for the Union may leave their card with the dispatcher to compete for job opportunities.

3.       Assignment slips to be made out in duplicate, one for the Union files and one to be presented to the Officer-in-Charge.  On vessels where there is a Ship’s Delegate, the member dispatched will show their dispatch slip to the Ship’s Delegate.  Such slips to be stamped by the Union and contain the name of the ship, rating, registration number and date of assignment.

4.       (a)      Any member assigned to a ship must at all times immediately report to the ship at the time and place designated on the assignment slip and also carry out any other instructions pertaining to the assignment which the dispatcher may give.

          (b)      Members in receipt of a dispatch slip who request to be re-registered without following the dispatch instructions must show cause or re-register at the bottom of the dispatch board.

          (c)      The dispatcher will then contact the members who were present at the dispatch and issue a dispatch slip to the “top” member who had competed for the job.

5.       If an assigned member is rejected on reporting for the job the reasons for such rejection to be written on the assignment slip and the member to be required to report back immediately to the dispatcher.  In such cases the member to keep their place on the Shipping List.

6.       The dispatcher, at the conclusion of each dispatch, shall place the names and registration numbers of all persons shipped on a board conspicuously displayed in the Hall.

7.       The dispatcher shall retain the shipping cards of all persons shipped, and in the case of relief jobs, the cards will be posted in a relief file until completion of the job.

8.       Dispatch book to be available to all members.

9.       Shipping calls to be made at 10:00 a.m., 1:00 p.m. and 3:00 p.m.  Open calls to be made immediately when no member is available.

10.     In the event a Union member is not available for a job to be filled, the dispatcher shall use their discretion in selecting a competent person to fill the position.

11.     No member to be shipped in any capacity except that which they are registered for, or for which they show reliable qualifications.  There shall be no discrimination in any rating unless a special skill is required.  In the event of an emergency the dispatch is to be left to the dispatcher’s discretion.

12.     Upon being dispatched as either C/D.H. or D.H. a member will retain that position for a period of not less than 90 days before being transferred.  Subject to mutual agreement by both parties.

13.     Any immediate or emergency calls shall be posted on receipt of same, when possible thirty minutes shall be allowed before the job is called.

RELIEFS:

1.       While registered on the Shipping Board members may take three hundred and sixty (360) hours of relief work in total and still retain their place on the Board.  The number of hours worked on any relief job to be marked clearly on member’s registration card.  When the total of these hours exceed three hundred and sixty (360), the member must re-register on the bottom of the Board.  In cases where a member feels they have just cause to leave a job prior to the completion of the relief for medical or compassionate reasons, they must provide proof of same in order to retain their place on the Shipping Board.

2.       (a)      A member returning before their thirty (30) days employment is completed must have proof from the Ship’s Delegate that they were laid off.  In the event there is no delegate then the dispatcher must check with the company involved.  Any member shipped as a relief shall have their card removed from the Board and placed in a relief file.  If laid off within thirty (30) days, they must report to the dispatcher in order to retain their place on the Shipping Board.  In the event of more than one (1) relief sent to a job, the first person registered on the Board shall be the last person off the job.  Nothing in this clause shall be construed to deny any member their right to take accrued laydays as stated in the Union contract and in accordance with established routines governing all members on any given vessel.

          (b)      Once a relief is finished and laydays exhausted, the relief may register at the Hall per Section 4.  A relief constitutes a job involving the replacement of one or more regular crew members on their regularly scheduled work.  A relief becomes a permanent position when one of the persons relieved has terminated or another steady position has been created.

3.       Any member who does not complete their relief job when another relief is called, must re-register.

4.       Any member completing a relief job must report to the Hall within two (2) calendar days of the last day worked exclusive of weekends and statutory holidays to retain their place on the Shipping Board.  Members not complying with this rule will be registered at the bottom of the Shipping Board.

5.       Once a relief job is finished and the member involved has been paid off and has received their termination, they may register for another job, but in any case shall have no right to return to the job except through the facilities of the shipping rules.

6.       Any member wishing to take time off, other than for compassionate reasons (onus or proof shall rest with the member asking for relief) shall take off at least one (1) week.

7.       Any member who goes on sick leave or takes compassionate leave within thirty (30) days of being dispatched, their shipping card shall remain on the board provided they have not had the opportunity to return to the job.

DISCIPLINE AND APPEALS

1.       That any member misrepresenting themselves knowingly to the dispatcher for a job be stricken from the Shipping List and appear before the Trial Board for disciplinary action in accordance with the Constitution.

2.       Should evidence of collusion to contravene these rules exist, the party or parties concerned shall be brought on charge.

3.       (a)      The Trial Board will be drawn from three (3) Local members in good standing.  The accused member will be given two (2) weeks written notice of hearing.  The Trial Board shall make a recommendation which will first be voted on by the Executive Board whose recommendation shall be voted on at the next General Membership Meeting and that decision shall be final.

          (b)      Any member missing their ship or any member who, by malicious action aboard the ship, brings the Union into disrepute shall be automatically suspended for a period of thirty (30) days.  Any second offence by the same member shall result in ninety (90) days suspension.  Ship’s delegate or Union member shall send a full report and charges of misdemeanour within sixty (60) days.  Any further offence by the same member shall be referred to the Trial Board for stronger discipline.

4.       No member shall be shipped, registered, allowed in the Union Hall or attend Union meetings while obviously under the influence of intoxicating liquor or drugs.

          (i)       Any member who violates the above provision shall be asked to leave the Hall by either the President, Secretary-Treasurer, staff, or any member of the Local.  Failure to comply with this request will result in a minimum (30) day suspension from using the facilities of the Union Hall.

          (ii)      If a member is requested to leave a Union Meeting because they are obviously under the influence of intoxicating liquor, or drugs, and when the Chair requests such member to leave and is upheld by a vote of members present, should such member refuse to leave, their card shall be taken off the Shipping Board, and the member must re-register.

5.       Any member altering or using a counterfeit shipping card to cheat or mislead the rotary shipping system to be subject to charge.

6.       No member awaiting trial shall be placed on the Shipping List.  If found not guilty, then they shall be registered as of the date they first reported for registration.  In the event there are no members available for work and a job is called a member on charge may be shipped at the discretion of the dispatcher.  However, they must report to the Hall to face charges at completion of the voyage.

7.       Any member violating the rotary system of shipping shall be referred to a Trial Board.

8.       Any member who feels that they have been done an injustice on being refused registration because of bad standing in the Local, or is not satisfied with the fashion in which any particular dispatch was conducted, or who feel they have been abused or victimized by any or all of the aforementioned rules or regulations, shall have the right to appeal to a Grievance Committee. The Grievance Committee shall consist of three (3) readily available members whose decision must be ratified at the next membership meeting.  If the grievance is upheld and their position on the Shipping Board is in question, they shall be registered.  Appeal must be filed within seven (7) days of the alleged grievance.

9.       The retention of membership while attending school full time is a privilege granted by the Union. Anyone who while attending school crosses a legal picket line at that school or in any other way brings the Union into disrepute, shall be stricken from the membership rolls.

MISCELLANEOUS

1.       In the event a vessel is temporarily laid up, the crew member shall have the right to go back on the vessel provided they do not take another job in the industry or register on the Shipping Board.

2.       In the event a vessel changes ownership or registry, but its jobs are still to be shipped from the Union Hall, existing crew members to be given preference if they wish to remain with the vessel.

3.       (a)      Any member who has, or accepts, a job outside the jurisdiction of Local 400, shall be issued a withdrawal card upon accumulation of over ten (10) days work in a calendar month.

          (b)      Members accepting employment with a Non-Union Company in the Marine Industry may retain their membership up to six (6) months providing organizing has been designated.  After the six (6) month period has elapsed, the full time officers and the Executive Board will review the situation and may grant an extension.

4.       (a)      Any non-member who takes a pierhead jump must report to the Union Hall at the termination of the voyage and resign from the vessel.

          (b)      In cases where a member takes a pierhead jump or after-hours call to accommodate or protect the Union, they may be allowed to remain on the ship if they so desire and are able.

5.       Other Unions calling Local 400 for temporary jobs shall be construed as under the jurisdiction of Local 400.