Challenging the Constitutionality of CLC Disaffiliation

Several Unifor locals are appealing the National Executive Board’s (NEB) decision to disaffiliate from the CLC. You can join in this process to challenge the decision by following these steps:

  1. Any member can bring a written, signed, and dated request for Review of Decision to a general membership meeting of their local for a vote. A request for Review of Decision needs to be submitted within 30 days of the decision that’s  being challenged (in this case by February 16).The local will then consider the request at its next regular meeting. A sample request is available here.
  2. Within 30 days of a Request for Review being passed at a Local Union the member will need to inform the Office of the President — Committee on Constitutional Matters in writing of their request for a further review.  Review of Decision requests need to be sent to the Committee on Constitutional Matters in the President’s office.
  3. The Committee on Constitutional Matters then considers the request, renders a decision on it, and reports to the NEB. According to our Constitution, the committee “shall consider the request and determine that it is timely and admissible in all respects, investigate the issues and determine if a hearing is required, or if written submissions shall be received.”  
  4. Within 30 days of the Committee or the National Executive Board rendering a decision on the matter, if the decision does not overturn the CLC disaffiliation, a member can then inform the Office of the President in writing of their request for a further and final review by Unifor’s Public Review Board (PRB).
  5. The request will be forwarded to the PRB by the Committee of Constitutional Matters, which will render a decision within 120 days of receiving the full record. The PRB is Constitutionally empowered to uphold the decision, refer it back the the NEB with instructions, or substitute another decision for the NEB decision to disaffiliate. Under Article 18A, the PRB has the power to overturn NEB decisions, if it determines the NEB “acted unreasonably.”

The PRB rules are available here, which outline the review process, including evidence, motions, and the possibility of in-person hearings.

The Unifor National Constitution is available here.