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RSM 1990, c. 1
The A.C.T.W.U. Local 459 and Garment Manufacturers Health, Welfare and Pension Fund, Inc. Incorporation Act
|Table of Contents||Bilingual (PDF)|
WHEREAS the Garment Manufacturers Association of Western Canada (hereinafter referred to as "the association") was composed of 25 constituent members who were manufacturers of wearing apparel;
AND WHEREAS Amalgamated Clothing Workers of America Local 459 (now known as Amalgamated Clothing and Textile Workers Union Local 459, and hereinafter referred to as "the union") represented the factory employees in the factories of 24 of the said manufacturers;
AND WHEREAS it was agreed by the association, representing and acting on behalf of the said 24 manufacturers (hereinafter referred to as "the employers") and the union, representing and acting on behalf of the factory employees of the said employers (hereinafter referred to as "the employees"), that a fund be established to which the employers and the employees would contribute equally, such fund to be used for the purpose of helping employees or their dependants during the illness, or upon the death, of such employees;
AND WHEREAS certain persons by their petition, prayed that the said fund should be incorporated;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate The Garment Manufacturers and Employees Fund, assented to April 26, 1947;
AND WHEREAS the first board of directors was composed of Arthur Norman Emery, Manufacturer; Julius Berkowitz, Manufacturer; Joseph Freed, Manufacturer; William S. Pitch, Manufacturer, all appointed by the Executive Committee of the association, and Leo Fridell, Manager; Harry Alexander, Cutter; Rachael Thompson, Machine Operator; Rebecca Rosenheck, Machine Operator, all appointed by the Executive Committee of the union;
AND WHEREAS the Act was subsequently amended and the name of the fund changed to A.C.T.W.U. Local 459 and Garment Manufacturers Health, Welfare and Pension Fund, Inc. to which the employers alone would contribute, such fund to be used for the purposes of paying a monthly pension benefit to retired employees, and for the purpose of helping employees or their dependants during the illness, or upon the death, of such employees;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 A.C.T.W.U. Local 459 and Garment Manufacturers Health, Welfare and Pension Fund, Inc. is continued as a corporation, and is hereinafter referred to as "the fund".
2(1) The affairs of the fund shall be managed by a board of directors, (hereinafter referred to as "the board"), which shall be composed of four persons appointed by the Executive Committee of the association, and four persons appointed by the Executive Committee of the union.
2(2) Each director shall continue to act as such until he shall have been replaced with a successor by the particular body which appointed him as indicated in subsection (1).
2(3) The secretary of the body appointing a successor shall certify in writing to the secretary of the board that such successor has been duly appointed at a meeting called for that purpose and shall give the full name of such successor and his address and the name of the director who is being replaced.
2(4) A director who has been absent for three consecutive meetings, without permission of the board, shall be replaced by a successor appointed in the manner provided in subsection (2).
2(5) Each director shall have the right to nominate another director as an alternate to act in his place when absent; and such alternate director shall have the right to vote for the absent one in addition to casting his own vote.
2(6) Decisions of the board shall be arrived at by a majority vote, and the chairman shall have no additional or casting vote, but in case of a tie, the matter shall be referred to the Chief Justice of the Court of Queen's Bench or a judge of that court appointed by him for that purpose, whose decision shall be final.
3(1) The board shall, at a meeting held during the month of January in each year, elect from among its members a chairman, a vice-chairman, a secretary and a treasurer.
3(2) The board may from time to time appoint, engage, and pay out of the fund, such clerical, bookkeeping, auditing, and legal, help as it may from time to time require.
3(3) All cheques and orders for the payment of money shall be signed by the chairman, (or in his absence by the vice-chairman) and by the treasurer; and all other documents by the chairman (or in his absence by the vice-chairman) and by the secretary.
3(4) All acts shall be done, and all business shall be transacted in the name of A.C.T.W.U. Local 459 and Garment Manufacturers Health, Welfare and Pension Fund, Inc.
4(1) In addition to all powers hereby conferred, or incidental to the administration of the fund, the board may,
(a) pass such by-laws and resolutions, and make such regulations in connection with the collection and administration of the fund, as it may deem advisable and as are not inconsistent with the provisions of this Act;
(b) determine what employees, or which of their dependants, shall be beneficiaries of the fund, and to what extent and for what length of time;
(c) invest all or any of the money at any time held by the fund in securities in which trustees are permitted to invest trust funds under the laws of the province.
4(2) The decision of the board on all claims to benefits shall be absolutely final.
5(1) The employers alone shall make contributions to the fund in such amounts as may be agreed from time to time by the union and the association.
5(2) The fund shall be used only for the purpose of:
(a) paying the expenses incurred in connection with the incorporation and organization of the fund;
(b) paying all other necessary expenses incurred by the board from time to time;
(c) paying to employees or their dependants upon the death of such employees, or during their illness or part of their illness, such sum or sums as the board, in its absolute discretion, shall or may from time to time determine; and
(d) paying to retired employees such monthly sum or sums as the board, in its absolute discretion, may from time to time determine.
6 The head office of the fund shall be at the City of Winnipeg in the Province of Manitoba.
7 The fund shall not be deemed an insurer within the meaning of The Insurance Act.
NOTE: This Act replaces S.M. 1947, c. 99.