April 23, 2025

Sisters and Brothers,

This coming September will be the time you will have the democratic right to participate in the nominations of your Division Officers including your Legislative Representative.

Over the past couple of years, there have been various times where a division legislative representative’s position became vacant and the divisions were uncertain how the position was filled because of the vacancy.

Presently, the bylaws state there are alternate legislative positions which are filled specifically to craft. These craft specific positions are also determined as 1st alternate legislative representative and 2nd alternate legislative representative based on total number of votes as elected during the division quadrennial elections.

TCRC Bylaws, Division Rules – Section 20 (c) states:

c) The Alternate Legislative Representative(s) shall be considered as Alternate(s) to the Legislative Representative for the purposes of Clause (a) above. Within a multi-craft Division, the Alternates shall be designated as 1st Alternate, 2nd Alternate, etc., according to the number of ballots cast for them within the election. In the event of a tie the ranking of the tied candidates will be determined by lot.

In some situations, Divisions did not determine who was 1st Alternate and 2nd Alternate etc. according to the number of ballots cast for them within the election which created the confusion for filling the vacancy of Legislative Representative as determined by TCRC Bylaws, Division Rules – Section 20 (c).

The National Executive Board discussed this issue in detail. It determined that in addition to the above confusion, the bylaws direction for filling a vacancy of the Legislative Representative was not consistent with the initial election of the Legislative Representative.

The Legislative Representative is a position is not craft specific which is nominated and voted for by all members of the division yet the alternate to the position is craft specific which is nominated and voted for by only members of the craft.

As stipulated by TCRC Bylaws, Division Rules – Section 20 (c), when there is a vacancy of the Legislative Representative, the 1st Alternate Legislative Representative automatically becomes the Legislative Representative without an election. Essentially, a specific craft has now mandated who the replacement Legislative Representative is going to be, a position that was initially elected by all members of the division.

The National Executive Board deemed it appropriate to correct this inconsistency in line with the Division quadrennial elections using its authority under the TCRC bylaws to make the following changes:

BYLAWS – SECTION 36   –   LAWS – HOW CHANGED

a) These Bylaws shall not be subject to alteration or amendment until the next session of the Rail Conference convention, except as provided in Section 4(a) and Section 2(b) – TCRC Bylaws.

BYLAWS – SECTION 2   –   OFFICERS AND MEMBERS OF THE RAIL CONFERENCE

a) i) The officers of each division shall consist of a president, vice president, secretary-treasurer and alternate, chaplain, three (3) trustees (auditing committee), delegate to the Rail Conference and first and second alternates, legislative representative who shall be the delegate to the legislative board and an alternate for each craft represented vice legislative representative(s) (minimum of (1)) and each local committee of adjustment will consist of three (3) members; the local chairman and local vice-chairmen (minimum of two (2)).

NOTE: The majority of the Rail Conference Executive Board is vested with the authority to establish additional Local Committees of Adjustment to represent members on a separate seniority district or employed in a separate craft represented by the TCRC. Such committee members must hold seniority rights in one of the crafts under the jurisdiction of the Local Committee.

ii) The local chairman of each local committee of adjustment shall be the delegate to their respective general committee of adjustment. The local chairman and vice local chairmen shall constitute the local committee of adjustment, and the vice local chairmen shall act under the direction of the local chairman. Vice local chairman positions are not alternates to the office of local chairman.

iii) The offices of president, vice president, secretary-treasurer, local chairman and legislative representative shall together constitute the executive board of the division. A majority of the executive board convened shall constitute quorum.

b) When there are members employed on more than one (1) seniority district belonging to the same division, the members on each seniority district may elect a local committee of two (2) members to act in conjunction with the local chairman on matters pertaining to the district they represent.

c) Divisions having members employed on different divisions of the same railway who are permitted to maintain more than one (1) local committee, such members will only be allowed to vote for the local committee that will adjust their local differences.

Division Rules – Section 20   –   VACANCIES – HOW FILLED

a) An officer of a division may at any time resign. Resignation shall be in writing and shall be read at a regular meeting of the division by the secretary-treasurer; and the resigning officer shall not be eligible for nomination, re-election or appointment to the office vacated until the next regular quadrennial election of division officers. Any office left vacant by resignation, death, or otherwise, special election shall be held by ballot. Notice of nomination will be posted ten (10) days prior to regular meeting, and ballots will be mailed at least fifteen (15) days prior to regular meeting. Ballot must specify the date to be returned to division secretary-treasurer. The president will fill the office vacated by appointment until such election; provided, special election need not be held if vacancy occurs within twelve (12) months of regular division election. Provided further, that no special election shall be necessary to fill an office that is protected by an alternate, or to fill the alternate office that is vacated. (Any officer or member who is under Rail Conference suspension shall not be eligible to be appointed or become a candidate for any division office while under suspension).

b) i) Temporary vacancies created by illness, incapacity, or unavailability in the office of local chairman shall be filled by appointment by the local chairman from members of the local committee of adjustment.

ii) Temporary vacancies created by illness, incapacity, or unavailability in the office of legislative representative shall be filled by appointment by the legislative representative from the vice legislative representative(s).

c) The Alternate Legislative Representative(s) shall be considered as Alternate(s) to the Legislative Representative for the purposes of Clause (a) above. Within a muti-craft Division, the Alternates shall be designated as 1st Alternate, 2nd Alternate, etc., according to the number of ballots cast for them within the election. In the event of a tie the ranking of the tied candidates will be determined by lot.

What does this mean. When the legislative representative position becomes vacant it will be filled by election, the same as when a local chair’s position becomes vacant.

The above changes will become effective the day of installation of officers January 2026. The nominations of the vice legislative representative will be conducted during quadrennial division election nominations in September.

In Solidarity,

Paul Boucher
President                                                           
Teamsters Canada Rail Conference