MERGER AGREEMENT -BETWEEN- THE CANADIAN FLIGHT ATTENDANTS' UNION by WoodyWoodcock

VIEWS: 98 PAGES: 8

									             MERGER AGREEMENT

                   -BETWEEN-

    THE CANADIAN FLIGHT ATTENDANTS’ UNION
SYNDICAT DES AGENTES ET AGENTS DE BORD DU CANADA
          (HEREINAFTER CFAU-SAABC)

                     -AND-

  THE NATIONAL AUTOMOBILE, AEROSPACE,
 TRANSPORTATION AND GENERAL WORKERS
           UNION OF CANANDA
             (CAW-CANADA)
       WHEREAS the objectives of CFAU-SAABC and the CAW-Canada are, to achieve
better working conditions and living conditions for their membership;

      AND WHEREAS it is in the best interests of the CAW-Canada and CFAU-SAABC
to combine their efforts to facilitate the achievement of their common goals;

      AND WHEREAS the CAW-Canada recognizes that Flight Attendants,
represented by CFAU-SAABC, by virtue of the nature of the work they do and the
geographic dispersion of their work units have particular organizational needs which
may differ from other members of the CAW-Canada;

     AND WHEREAS the CAW-Canada wishes to represent the members of CFAU-
SAABC;

      THEREFORE BE IT RESOLVED that a merger of CFAU-SAABC and the CAW-
Canada be approved under the following terms and conditions and that the CAW-
Canada agrees to allow the CAW-Canada Local ____ as established and defined below,
to adopt reasonable by-laws which will best accommodate its particular organizational
need and be governed by the Constitution of the CAW.

MERGER AND MEMBERSHIP

1.    CFAU-SAABC and the CAW-Canada agree to the merger of CFAU-SAABC with the
      CAW-Canada pursuant to the terms of this merger agreement upon ratification,
      which would take place no later than October 1, 2009. To the extent of any
      conflict between the agreement and the CAW-Canada Constitution, the
      agreement shall govern.

      The date by which both the CAW-Canada and the CFAU-SAABC ratify this merger
      agreement according to the terms of this agreement and their respective
      constitutions shall be the “effective date” of merger, and that date shall be no
      later than October 1, 2009.

2.    The CAW-Canada shall forthwith, and as of the effective date become merged
      with and the successor to CFAU-SAABC, and shall acquire the rights, privileges
      and duties of CFAU-SAABC, to which it has succeeded.

3.    All members of the CFAU-SAABC shall, in addition, become members of the
      CAW-Canada on the effective date, and shall be entitled to all rights, privileges
      and benefits afforded by the CAW-Canada Constitution, with respect to
      membership, without payment of any initiation or membership fee. In addition,
      as well, all members of the CFAU-SAABC shall, on the effective date, become
      members of CAW-Canada Local _______, and likewise, shall be entitled to all




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     rights, privileges and benefits of membership in the said Local Union afforded by
     the said Local Union’s by-laws, without payment of any initiation or membership
     fee.

CHARTER TO CAW-CANADA LOCAL _______

4.   Forthwith upon the effective date, the CAW-Canada shall issue a CAW-Canada
     Amalgamated Charter to a Local Union in the name of, CAW-Canada Local Union
     ______ (herein referred to as the CAW-Canada Local ______, or Local Union
     ______). The ownership of all of the property, assets, and other entitlements of
     CFAU-SAABC, shall, as of the effective date be transferred to and vested in and
     shall remain the property of and be administered by CAW-Canada Local Union
     ______. Likewise, any liabilities of the CFAU-SAABC as of the effective date shall
     be transferred and assumed by CAW-Canada Local ______, and shall be the
     responsibility of the Local Union ______. All officers of CFAU-SAABC shall remain
     in office in CAW-Canada Local ______ and their successors shall be elected or
     appointed in conformity with the CAW Constitution.

5.   Should Local Union ______ amalgamate with another Local Union of the CAW-
     Canada in the future, it is acknowledged that the bargaining unit configuration
     currently applicable to the members of the CFAU-SAABC, will be respected,
     unless otherwise agreed to by the bargaining committee responsible for the said
     membership. In this event, it is acknowledged that in any merged Local Union,
     the said former membership of CFAU-SAABC (i.e. Flight Attendants) shall conduct
     a separate ratification vote for the purposes of ratifying a collective agreement
     with respect to their terms and conditions of employment, in their applicable
     bargaining unit.

BARGAINING RIGHTS

6.   Any and all bargaining rights of the CFAU-SAABC how so ever acquired shall be,
     upon the effective date, automatically transferred to CAW-Canada as a result of
     this merger, together with all related rights, privileges and benefits under any
     applicable statute, law, or agreement. In the event that any duly qualified lawful
     authority shall declare that any such bargaining rights have not been transferred
     to CAW-Canada, such bargaining rights shall continue to be held by CFAU-SAABC
     for the purpose of protecting and preserving the bargaining rights affected by
     this merger agreement and for the transferral of same to the CAW-Canada, with
     the intent that such bargaining rights do not lapse or become extinguished or
     transferred to any other entity other than the CAW-Canada. CFAU-SAABC, if and
     as required, shall remain in existence for these purposes only, and shall continue
     to administer these bargaining right in accordance with its Constitution to the
     extent required to achieve the purposes set out above. The elected Collective
     Bargaining Committee (CBC) may include members from the CAW-Canada


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      National Office. The representatives from CAW-Canada National Office shall
      have a voice but have no vote on any decisions made by the CBC.

7.    It is agreed that CAW-Canada shall forthwith, upon the effective date of merger,
      delegate to CAW-Canada Local Union ______ the administration of the
      bargaining rights, privileges and duties acquired by the CAW-Canada as a result
      of this merger agreement.

BY LAWS

8.    The by-laws of the CFAU-SAABC in effect as of the effective date of the merger
      shall be the by-laws of CAW-Canada Local _____. In the interests of a
      reasonable transition process, the by laws of CAW-Canada Local _____ will be
      given up to 24 months to conform to the CAW-Canada Constitution and Policies.
      Should a conflict exist between the Local Union by-laws and the CAW-Canada
      Constitution, the latter shall prevail, except where the governing body of the
      CAW-Canada National Union, the NEB consents to an exception. The
      Constitution of the CAW-Canada shall govern the affairs of the CAW-Canada
      Local _____, and the right, responsibilities and obligations of the membership
      and leadership of the said Local Union.

DUES AND PER CAPITA

9.    Union dues shall be equivalent to one point five percent (1.5%) of gross income
      excluding overtime.

10.   CAW-Canada Local _______ will remit 54% of the dues deducted monthly to the
      National Secretary Treasurer of CAW-Canada, in line with the CAW Constitution.

SERVICE AND ASSISTANCE

11.   The CAW-Canada agrees that it will pay the cost of the first round of collective
      bargaining following the ratification of this merger agreement.

12.   The CAW-Canada agrees that it will provide all reasonable assistance to CAW-
      Canada Local _____ to enable it to protect and expand its membership.

13.   Should CAW-Canada Local _____ membership level fall to such a degree that the
      Local is not able to provide adequate services to the membership, Local Union
      _____ will consider a merger with another CAW-Canada Local.

14.   CAW-Canada Local _____ shall have immediate access to all services provided by
      CAW-Canada to its membership including support from the CAW-Canada National
      Office, with department staff available for education, health and safety, research,


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      pensions, benefits, women’s department, skilled trades, transportation,
      organizing and communications. In addition the Local’s membership shall have
      immediate access to the CAW Strike Fund on terms which are identical to those
      to all CAW-Canada members.

AFFILIATION

15.   The Local Union shall have the option to affiliate with Labour Councils and
      Federations of Labour as permitted by the provisions of the CAW Constitution.

LEAVES OF ABSENCE

16.   The CAW-Canada and CAW-Canada Local Union _____ will each employ their
      best efforts to maintain and protect the leaves of absences received by members
      from their employer when the member becomes an employee of the CAW-
      Canada, or CAW-Canada Local _____.

RATIFICATION

17.   This merger agreement shall be ratified by a general vote of the membership of
      CFAU-SAABC by referendum. Following a successful majority vote, the by-laws
      of CAW-Canada Local Union _____ shall be ratified by the delegates attending a
      founding or special convention of the Local Union to be held on or before
      (DATE).

ARBITRATION

18.   In the event of any dispute or controversy arising out of or under this merger
      agreement, such dispute or controversy will be submitted to arbitration;
      specifically, to an arbitrator mutually agreed to both parties. A decision of such
      an arbitrator with respect to the matter under dispute or controversy shall be
      final and binding on both parties. The arbitrator’s power shall be limited to the
      application and interpretation of this agreement and he/she shall have no power
      or authority to alter, amend, rescind, or modify any of the provisions hereof.
      The arbitration process may be invoked solely by the President of the CAW-
      Canada, or by the President of CFAU-SAABC, CAW-Canada Local Union _____.
      In the event that the parties are unable to reach an agreement on a selection of
      a single arbitrator to arbitrate their differences, either party may apply to the
      Federal Minister of Labour in a like manner to an application under the provisions
      of the Canada Labour Code. It is agreed that the arbitrator will have full
      jurisdiction to arbitrate any dispute concerning the application, interpretation or
      alleged breach of this merger agreement, and shall be empowered to award an
      appropriate remedy, notwithstanding that the matter under dispute may




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      otherwise ordinarily fall within the jurisdiction of the Canada Industrial Relations
      Board.

ADDITIONAL OR SUPPLEMTARY AGREEMENTS

19.   The CAW-Canada and CFAU-SAABC, CAW-Canada Local _____, or CFAU-SAABC,
      where applicable, shall have the authority to enter into any additional or
      supplementary agreements that may be necessary in order to fulfil the objectives
      of this agreement.

INVALIDATION

20.   Should any part of this agreement or any provision herein be rendered or
      declared invalid by a Tribunal or a Court of competent jurisdiction, such
      invalidation shall not nullify the remaining parts or provisions of this agreement.

BILINGUAL SERVICES

21.   The CAW-Canada agrees to provide the members of CFAU-SAABC with services
      and literature in both official languages, as required for the normal conduct of
      business.

OFFICIAL TEXT

22.   Both English and French texts of this Agreement are official. In the event of a
      discrepancy between the texts, the language of negotiations shall prevail.

CONSTITUTIONAL EXISTENCE

23.   It is understood that CFAU-SAABC retains its present Constitutional existence
      until all aspects of the merger process are completed.

TERMINATION

24.   It is recognized that despite the best efforts of both the Local Union and CAW-
      Canada a good faith judgement may be made that the continued merger of
      CFAU-SAABC and CAW-Canada is not in the best interests of the former CFAU-
      SAABC membership. Therefore, by notice issued by the President of the Local
      Union to the President of the CAW-Canada and subject to the provisions below,
      the Local Union may terminate the Merger Agreement.

25.   Before action is taken pursuant to paragraph 24 above, the President of the
      Local Union shall notify the President of CAW-Canada and offer to meet to




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      resolve any differences. The parties shall meet and try to resolve any
      outstanding differences in good faith.

26.   Before any notice to terminate may be given, a referendum vote of the Local
      Union membership shall be taken regarding the approval or rejection of the
      termination of this Merger Agreement. The members’ decision taken in a fair
      and democratic vote shall govern. A simple majority of the valid votes received
      will constitute a majority.

27.   In the event that this Merger Agreement is so terminated, all collective
      bargaining rights referred to in this agreement or acquired by law by the Local
      Union after the effective date shall be automatically transferred from CAW-
      Canada to the Local Union, however it is then constituted and named.

28.   Local assets remain the property of the CFAU-SAABC upon termination of the
      merger agreement.




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Dated at this __________ day of ____________________, 2009.

FOR CAW-CANADA                                FOR CFAU-SAABC


_______________________________               ________________________________
Ken Lewenza, National President



_______________________________               ________________________________
Peter Kennedy, National Secretary-Treasurer



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                                                                          JO/PKbmkcope343
                                                                 Final – September 15, 2009




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