TEAMSTERS LOCAL 177
Teamsters Local 177
282 Hillside Avenue
Hillside, New Jersey 07205
Amended October 25, 2010
Department Store & Wholesale Drivers, Warehousemen & Helpers
LOCAL UNION No. 177
Where used in these By-Laws, words in the masculine also shall be read and construed as in the feminine in all cases where such construction would apply.
We, the members of Local No. 177, realizing the necessity of joining together for the purpose of obtaining a better understanding of unionism, hereby unite through this Organization for the attainment of better representation of Local No. 177.
This Local Union shall be known as the Department Store and Wholesale Drivers, Warehousemen and Helpers, Local Union No. 177, affiliated with the International Brotherhood of Teamsters.
The geographical jurisdiction of this Local Union shall be Northern New Jersey including the county of Monmouth and all counties north of Monmouth County.
The principal office of this Union shall be maintained in the Town of Hillside, County of Union, and State of New Jersey. The Executive Board may change the location of the principal office and establish and maintain other offices at other locations, in the event of any change in the location of the principal office or any additional offices that shall be maintained, the Executive Board shall notify the membership at the next General Membership meeting.
(A) Positive constructive action is essential; little is accomplished by complaining and criticizing. It shall be the objective of Local 177 to show a personal responsibility and individual initiative in raising the standards of all phases of unionism, and in pursuit thereof,
1. To unite into the Local Union all workers eligible for membership, regardless of religion, race, creed, color, national origin, age, physical disability, sex, or sexual orientation.
2. To engage in organizing workers and to provide the benefit of unionism to all workers and to protect and preserve the benefits obtained for members of this organization;
3. To secure improved wages, hours, working conditions and other economic advantages through organization, negotiations, and collective bargaining through legal and economic and other lawful methods.
4. To safeguard, advance, and promote the principle of free collective bargaining, the rights of workers, farmers, and consumers and the security and welfare of all the people.
5. To engage in cultural, civic, legislative, fraternal, educational, charitable, welfare, social and other activities which further the interest of this Organization and its membership, directly or indirectly.
6. To provide moral assistance to other labor organization or other bodies having purpose and other objectives in whole or part similar or related to those of this Organization.
7. It shall be our further object and purpose to encourage and assist our members in the acquisition of additional knowledge and information so that they may be better able to evaluate and pass judgment upon the matters and things which influence their lives and the affairs of this Union, to encourage them to participate actively in the affairs of government and of their community; to encourage them to participate actively in the affairs of this Union, to instill the knowledge that freedom and democracy cannot exist within the organization unless majority rules; to require that every member recognize his responsibility to this organization as an institution and to require that our members refrain from conduct that would interfere with the performance of our legal or contractual obligations.
8. We shall remind our membership that every negotiated benefit enjoyed has been acquired by our Union through the efforts and sacrifices of a dedicated Executive Board and membership.
(B) It is recognized that the problems with which this labor organization is accustomed to deal are not limited to unionism or to organization and collective bargaining alone, but encompass a broad spectrum of economic and social objectives as set forth above and as the Union may determine from time to time. We therefore determine and assert that the participation of this labor organization, individually and with other organizations, in the pursuit and attainment of the objectives set forth herein is for the benefit of the organization and its members.
ELIGIBILITY FOR MEMBERSHIP
Eligibility to membership in this Local Union shall be as set forth in the International Constitution, and applicants for membership shall comply with and be subject to the requirements imposed by these bylaws and the International Constitution.
The officers of this Local Union shall be the President, Vice President, Secretary-Treasurer, Recording Secretary and three (3) Trustees. These officers shall constitute the Executive Board of the Union. The term of office of all officers shall commence on the first of January in the year following the election.
DUTIES OF THE PRINCIPAL EXECUTIVE OFFICER
(A) The Secretary-Treasurer shall be the principal executive officer of this organization. He shall in general, supervise, conduct and control all of the business and affairs of the Local Union, its officers and employees. He shall have charge and supervision of all the officers and employees of the Local Union including elected Business Agents. He shall have the power to appoint, suspend or discharge all appointive organizers, appointive business agents, assistant business agents and employees. The principal executive officer shall also have charge of all labor controversies involving the Local Union.
(B) The principal officer, subject to the provisions of Article XXIII, Section 3, of the International Constitution, together with the President shall sign all official documents, deeds, mortgages, bonds, contracts, or other instruments, all checks on bank accounts, and perform such other duties as the International Constitution, these By-Laws or law may require of him.
(C) The principal officer in conjunction with the President shall have the authority to disburse or order the disbursement of all monies necessary to pay the bills, obligations and indebtedness of the Local Union, which have been properly incurred as provided herein. He shall have the authority to pay current operating expenses of the Local Union, including rents, utilities and maintenance of the Union hall, and salaries and expenses of officers and employees.
(D) The principal officer shall have authority to interpret these By-Laws and to decide all questions of law there under, between meetings of the Local Union Executive Board.
(E) The principal officer shall preside at meetings of the Local Union Executive Board, shall enforce the International Constitution, these By-Laws and the rules of order adopted by this Union and shall ensure that all officers perform their respective duties. He shall also have the right to serve on all committees by virtue of his office.
(F) In the event that the Secretary-Treasurer should become incapacitated in any way and is unable to complete his term of office, the President shall then become principal officer for the remainder of the Secretary-Treasurer’s term of office, or until the Secretary-Treasurer resumes his duties. The designee shall be presented to the membership at the next general membership meeting.
DUTIES OF THE PRESIDENT
(A) It shall be the duty of the President to preside at membership meetings of this Local Union and to preserve order therein. He shall appoint all committees and shall also have the right to serve on all committees by virtue of his office, and in general, shall perform all duties incident to the office of President, and such other duties as may be assigned by the Local Union Executive Board, principal executive officer, or membership from time to time.
(B) The President shall decide all questions of order, subject to an appeal to the membership if a valid objection has been taken by and interested member, which appeal shall be determined by a majority vote of the members present and voting. The President shall cast the deciding vote when a tie occurs on any question, shall announce the results of all votes and enforce all fines and penalties, and shall have the power to call special meetings as provided in Section 19B.
DUTIES OF THE VICE PRESIDENT
It shall be the duty of the Vice President to preside at Local Union meetings in the absence of the President. He shall perform such other duties and render such assistance as may be directed by the principal officer or president.
DUTIES OF THE SECRETARY-TREASURER
(A) The Secretary-Treasurer shall perform all duties imposed upon the Local Union Secretary-Treasurer by the International Constitution and these By-Laws, and in general perform all duties incident to the office, and such other duties as from time to time may be assigned to him by the Local Union Executive Board, principal officer, or the members by resolution. He shall see that all notices and reports shall be given in accordance with the provisions of the International Constitution and these By-laws or as required by law. He shall make reports at general membership meetings giving the financial standing including the assets and liabilities of the Local Union, and shall keep itemized records showing the source of all monies received and spent, and shall keep records, vouchers, work sheets, books and accounts and all resolutions to verify such report.
(B) The Secretary-Treasurer upon request of any member shall make available for inspection a copy of the last annual report. He shall also make available for inspection by any member or members at the Local Union’s principal office during regular business hours any prior annual report and any other documents which is subject by statute to such inspection, provided, however, if copying is desired by any member, the matter shall be submitted to the membership at the next scheduled general membership meeting. Membership lists may not be copied.
(C) The Secretary-Treasurer shall have custody of the Local Union’s seal and the records of the proceedings of all meetings the Local Union and the Local Union Executive Board, as prepared by the Recording Secretary, or such person as is authorized to take such proceedings; and shall keep important documents, papers, correspondence, as well as files on contracts and agreements with employers. Upon the request of any person in writing or made in person to the Secretary-Treasurer during regular hours at the principal office, he shall provide one (1) copy of the collective bargaining agreement made by the Local Union with the employer of such person, if the person making such request establishes that he is an employee directly affected by such an agreement. The Secretary-Treasurer may require a receipt form such person. He shall also maintain at the principal office of the Local Union copies of agreements made or received by the organization where another labor organization subordinate to the International Brotherhood of teamsters has negotiated such a contract, and the employees represented by the Local Union are directly affected by such agreement, which agreements shall be available for inspection by any member or by any employee who establishes that his rights are affected by such agreement, during the regular hours maintained at the principal office of the Local Union.
(D) The Secretary-Treasurer shall keep a correct account of all monies paid to and paid out by the Local Union and shall provide receipts for any dues, initiation fees, or other fees’, assessments or fines or other monies received. The Secretary-Treasurer will not make any payments from the Local Union’s funds until receiving bills or receipts evidencing the goods or services paid for. The Local Union Secretary-Treasurer shall enter all receipts in the name of the Local Union and shall deposit all monies in accordance with Article X, Section 9 of the International Constitution. When disbursements are made by check, the check shall bear the signatures of at least two elective officers.
(E) The Secretary-Treasurer must report the names and addresses of all new members coming into the Local Union to the General Secretary-Treasurer and shall send to the General Secretary-Treasurer a revised list of the names and addresses of all members in good standing in the Local Union on a current basis. Membership lists shall not be open to inspection by any member except as and to the extent that is required by law.
(F) Whenever a Secretary-Treasurer’s term of office expires or is otherwise terminated, he must see that his successor is properly bonded and a copy of the bond sent to the office of the General Secretary-Treasurer before he transfers to his successor in office the funds, papers, documents, records, vouchers, worksheets, books, money and other property of the organization. Until the successor furnishes a proper bond the incumbent Secretary-Treasurer shall continue to perform the duties of such office and maintain his position. All such records, vouchers, worksheets, receipt books, reports, and documents shall be preserved and retained at the Local Union’s principal office for a period of at least six years.
(G) The Secretary-Treasurer shall provide each new member with a free copy of the International Constitution, upon request. The Secretary-Treasurer shall provide any member with a copy of the International Constitution and of these Bylaws.
DUTIES OF RECORDING SECRETARY
It shall be the function of the Recording Secretary to attend General Membership meetings of the Local Union and the Local Union Executive Board and to keep minutes of the proceedings. He shall keep a record of the names of the members comprising each committee and handle all correspondence of the Local Union assigned by the principal officer or authorized by membership resolution. In his absence, the President shall appoint a member to act as Recording Secretary pro tempere who shall have the duties set forth above. The President shall appoint a member or members to keep minutes of meetings which are held by division or craft. The minutes of every meeting of the Local Union Executive Board and the Local Union shall be read and approved at the next following meeting of the members involved. Minutes of division or craft meetings shall be read and approved at the next following meeting of the division or craft involved.
DUTIES OF TRUSTEES
It shall be the duty of the Trustees to conduct or have conducted a monthly examination of the books of the Local Union and the results thereof shall be reported at the next regular membership meeting. They shall sign the books of the Secretary-Treasurer if they found them correct and the bank balances verified. In the event that a Trustee declines to sign the books, the Trustee must state, in writing, to the Local Union Secretary-Treasurer his reasons for declining to do so and shall also advise the General Secretary-Treasurer of those reasons. A Trustee’s disagreement with an expenditure properly authorized by the Executive Board or membership shall not be a valid basis for refusing to sign the books. The Trustees’ report shall be sent to the General Secretary-Treasurer as required by the International Constitution. They shall receive and review the original surety bond covering each officer, employee, and representative of the Local Union required to be bonded, and retain it at the Local Union’s principal office. They shall have the duty to see that such bonds are current and enforceable. In the event of the unavailability of a Trustee, the remaining Trustees or Trustee shall perform the above functions. In performing their functions the Trustees may avail themselves of the services of the Certified Public Accountants retained by the Local Union Executive Board.
A. BUSINESS AGENTS
The office of Business Agent shall be an elective position. Business Agents shall organize, service, and negotiate in such establishments as they may be directed from time to time by the Executive Board. The Business Agents shall operate under the supervision of the principal officer.
B. SHOP STEWARDS
(1). Shop Stewards shall be elected by members in the unit represented by such steward. The Executive Board shall determine the unit to be represented by such steward. The term of steward shall be one (1) year.
(2). Shop Steward election notices must be posted one calendar week prior to the election at the job site of the designated unit.
(3). The Shop Steward shall process all complaints. Any complaint that develops into a grievance shall be reduced to writing utilizing the Local Union’s grievance form and shall be filed at the office of the Local Union.
(4). The Shop Steward will designate an alternate steward to have complete coverage at all times. The Shop Steward shall perform such other duties as the Executive Board may direct.
(5). The Executive Board shall be empowered to remove any Steward for incompetency or dishonesty. The Executive Board may remove such steward pending a trial upon charges. Such trial must take place within thirty (30) calendar days after the removal of the Steward. In the event that the Steward is removed permanently, the Executive Board shall conduct an election within ten (10) calendar days to replace him. The removed Steward shall be ineligible for re-election by the designated unit.
(6). The Executive Board shall be empowered to appoint the designated Alternate Steward, pending the Steward’s trial. In the event the Steward is removed, disabled or dies, resigns, or retires, there shall be an election within thirty (30) days to fill out the existing term.
(7). When a unit believes that their Steward is incompetent or dishonest they may call for a Steward election during the existing term. To implement and election the designated unit must file a petition containing the signature of fifty per cent (50%) plus one (1) of the existing unit. An election shall take place within thirty (30) calendar days after the Union receives the petition.
(8). There shall be a minimum of three (3) Shop Steward meetings per year to exchange ideas between the Executive Board members and the Shop Stewards for the welfare of the Local Union and its Rank and File.
C. WARDENS AND CONDUCTORS
Wardens and Conductors shall be appointed by the Executive Board. They shall admit only those entitled to be in attendance. They shall not allow any member under the influence of alcohol or drugs to enter the meeting place and shall assist the Chair in maintaining order.
POWER AND DUTIES OF LOCAL UNION EXECUTIVE
A. Except as may be otherwise provided in these By-Laws, the Local Union Executive Board is authorized and empowered to conduct and manage the affairs of this organization, and to manage, invest, expend, contribute, use, borrow, lend and acquire Local Union funds and property in the pursuit of accomplishment of the objectives set forth in the Constitution of the International Union and these By-Laws and resolutions adopted in furtherance thereof. However, the Local Union Executive Board shall not have the authority to bind the Local Union for personal services to be rendered to the Local Union or its Executive Board, such as, but not limited to, legal, accounting, consulting, public relations and editorial services, by contract, agreement or otherwise, beyond the expiration of the term of the Executive Board in office at the time such action is taken. This shall not prevent the Local Union Executive Board from entering into a bona fide collective bargaining agreement with another Union covering Local Union employees; provided, however, that if the Local Union employees form a union following the Local Union officer election, or a new collective bargaining agreement covering such employees is negotiated after the Local Union officer election, the newly organized unit shall not be voluntarily recognized, or the new collective bargaining agreement shall not be entered into on behalf of the Local Union, until such action is approved by the officers-elect.
The Local Union Executive Board, in addition to such other general powers conferred by these By-Laws is hereby empowered to:
(1). Make and change rules and regulation not inconsistent with these By-Laws or the International Constitution for the management and conduct of the affairs of this Local Union;
(2). Provide the salaries of the officers and business agents and provide the allowances, direct and indirect disbursements, expenses and reimbursements of expenses for officers and business agents. The Local Union Executive Board may establish a dues check-off procedure for Local Union officers and employees belonging to this Local Union;
(3). Provide for the employment of clerical employees, attorneys, accountants, and such other special or expert services as may be required for the organization and secure and audit of the books of this organization by a certified public accountant at least once a year;
(4). On behalf of the Local Union, its officers, employees or members, initiate, defend, compromise, settle, arbitrate or release or pay the expenses and costs of any legal proceedings or actions of any nature subject to the provisions of Article IX, Section 9 (c) of the International Constitution, if, in its judgment, it shall be necessary or desirable to protect, preserve, or advance the interests of the organization;
(5). Fill all vacancies in office which occur during the term of such office for the entire remainder of the unexpired term, in the manner provided in Article XXII, Section 9 of the International Constitution;
(6). Transact all business and manage and direct the affairs of the Local Union between membership meetings except as may otherwise be herein provided; delegate when necessary any of the above powers to any officer for specific and temporary purpose and on condition that the action of such officer or agent be ratified by the Local Union Executive Board; the Local Union Executive Board shall designate other officers for the President or Secretary-Treasurer for the purpose of signing checks to pay bills or to exercise any other functions of their offices in the event that either shall refuse to act or shall become ill or otherwise incapacitated;
(7). Lease, purchase or otherwise acquire in any lawful manner for and on behalf of the organization, any and all real estate or other property, rights and privileges, whatsoever deems necessary for the prosecution of its affairs, and which the organization is authorized to acquire, at such price or consideration and generally on such terms and conditions as it thinks fit, any at its discretion pay thereof either wholly or partly in money. Specific authorization at a membership meeting shall be required for such expenditures;
(8). Sell dispose of any real or personal estate, property, rights or privileges belonging to the organization whenever in its opinion the Local Union’s interests would thereby be promoted, subject to approval at a membership meeting;
(9). Create, issue and make deeds, mortgages, trust agreements, contracts, and negotiable instruments secured by mortgage or otherwise as provided by resolution of the membership, and do every other act or thing necessary to effectuate the same;
(10). Create trusts, the primary purpose of which is to provide benefits for the members or their beneficiaries, and terminate and effectuate the same, al subject to approval by the membership;
(11). Appoint trustees of Health and Welfare, Death Fund, or Pension Trust Funds negotiated directly by the Local Union;
(12). Determine the membership which shall vote on agreements and strikes, and the composition of other membership meetings, and adopt rules and regulations concerning the conduct thereof not inconsistent with the International Constitution or these By-Laws;
(13). Determine the manner in which referendums shall be held, subject to review and modification by the General President, as permitted by Article VI, Section 1(h) of the International Constitution;
(14). Affiliate this Local Union with Joint Council No. 73 and the Eastern Conference of Teamsters, and, in addition to those, such other subordinate bodies of the International Brotherhood of Teamsters as it shall be required to do and maintain such affiliations in good standing at all times.
(15). Enter into jurisdictional settlements and comply with jurisdictional awards in behalf of the Local Union, in accordance with the policies and directives of the International Union;
(16). Do all acts not expressly authorized herein which are necessary or proper in implementation of the above duties for the protection of the property of the Local and for the benefit of the organization and members.
B. The Local Union Executive Board shall have the duty to investigate any alleged breach of fiduciary duty when circumstances so warrant and to take appropriate action if the investigation so merits.
C. The Local Union Executive Board shall hold meetings at such time and place as shall be determined by the President, upon notice to all Board members. The meetings of the Local Union Executive Board shall be no less frequent than meetings of the Local Union.
D. A majority of the Local Union Executive Board shall constitute a quorum for the transaction of business at any meeting of the Board. The action of a majority of the Local Union Executive Board present at a meeting at which a quorum is present shall be the action of the board.
E. By action of the Local Union Executive Board, members of the Board who are not full time paid officers or employees of the organization may be paid their expenses, including wages lost, if any, for attendance at each meeting of the Board. However, officers who are full time employees of the Local Union shall not receive additional payments for attendance at Executive Board or membership meetings.
F. As to all matters requiring action by the Local Union Executive Board, and when the Executive Board is not in formal session, the Executive Board may act by telegram, facsimile letter or telephone. When action by the Local Union Executive Board is required, the principal executive officer may obtain same by telegraphing, writing or telephoning to the members of the Executive Board and such members may take action on the matter brought to their attention in the same manner. Such action so taken by the majority of the members of the Local Union Executive Board shall constitute action of the Board as though the Board were in formal session.
G. The Executive Board shall notify members when they are in arrears in dues. When such members do not comply, the Executive Board shall direct the action necessary to collect the delinquent dues.
OFFICERS – GENERALLY
A. All officers of this Local Union when installed shall be required to take the following oath of office:
I, _________________________, do sincerely promise, upon my honor as a trade unionist and a Teamster, that I will faithfully use all of my energies and abilities to perform the duties of my office, for the ensuing term, as prescribed by the Constitution and By-Laws of this Union. As an officer of this great Union, I will, at all times, act solely in the interests of our members, devote the resources of our Union to furthering their needs and goals, work to maintain a Union that is free of corruption, to preserve and strengthen democratic principles in our Union, and to protect the members’ interests in all dealings with employers. I will never forget that it is the members who put me here, and it is the members whom I will serve. I further promise that I will faithfully comply with and enforce the Constitution and laws of the International Union and By-Laws of this Union, that I will, at all times, by example, promote harmony and preserve the dignity of this Union. I also promise that at the close of my official term, I will promptly deliver any money or property of this Union in my possession to my successor in office.
B. All officers are required to carry out their respective duties. In the event an officer declines to perform his duties as prescribed by the International Constitution, these By-Laws or by law, he shall be subject to charges filed in accordance with Article XIX of the International Constitution and Section 21 of these By-Laws. In appropriate situations in which misconduct or failure to perform duties assigned by these BY-Laws jeopardizes the interests of the Local Union, an officer may be subject to summary removal from office, in accordance with Article XIX, Section 1(f) of the International Constitution.
C. The right to assume office or hold office or position in the Local Union, as distinguished from accrued or vested benefits, shall never be deemed a property right, but shall be a personal privilege and honor only. Any action taken by an officer in good faith and within the scope of his authority and power under these By-Laws shall not be the basis for an action for personal liability against such officer.
D. All officers of the Local Union must, as a condition of holding office, execute all necessary forms required by law to be filed with any federal or state agency either for and in behalf of the Local Union or as an officer or employee thereof.
E. All officers in the performance of their duties shall adhere to the terms of these By-Laws and the International Constitution.
F. The officers, business agents, stewards and other representatives of this Local Union occupy position of trust in relation to the Local Union and its members as a group and are, therefore, accountable to the membership with respect to the performance of their duties in handling funds and property of the Local Union. The failure or refusal by an officer, business agent, steward or other representative of this Local Union, upon demand of the Local Union Executive Board or any individual member for good cause, to render a proper and adequate accounting or explanation respecting the performance of his duties in handling funds and property of the Local Union shall constitute a ground for charges under Article XIX of the International Constitution on which trial shall be had under the provisions set forth in Section 20 hereof.
G. The elected Officers and Business Agents of this Local Union shall be delegates to other subordinate bodies and Conventions thereof, by virtue of their office or elected position. The Principal Executive Officer shall have first priority. After the Principal Officer, the remaining delegates shall be selected from the salaried elected officers and elected Business Agents (if any) in the following priority: President, Secretary-Treasurer, Vice President, Recording Secretary, Trustee in order of number of votes received in the most recent election elected Business Agents in order of number of votes received in the most recent election.
EXPENSE AND AUTOMOBILE ALLOWANCES
When a representative of the organization is engaged in activities in the interest of or for the benefit of the organization and its members within the scope of his authority, the labor organization shall pay the expenses incurred therein, with the approval of the Executive Board.
B. Automobile Allowance
The Local Union must provide its full time officers or representatives with automobiles. In such instance where the Local Union provides an automobile, title to the automobile shall remain at all times in the name of the Local Union. It is recognized that such officers are required to be on instant call at all times. Accordingly, for the convenience of the Union as partial compensation for such additional responsibilities, such officers shall be permitted use of such automobiles on a round-the-clock, continuous base. Upon authorization of the Local Union Executive Board, the principal officer is empowered to sell exchange or lease automobiles or arrange financing therefore in behalf of the Local Union.
The Local Union Executive Board may from time to time provide the terms and conditions of employment for officers, employees and representatives of this organization including, but not limited to, such fringe benefits as vacation with pay, holidays, sick leave, time off for personal leave, and, in connection therewith, any disability or sickness, health and welfare and retirement from time to time provide changes therein, as well as additional compensations and allowances. Vacation time and pay will not be accumulated from year to year.
NOMINATIONS AND ELECTIONS OF OFFICERS
A. Time of Nominations and Elections
Meetings as hereinafter established for nominations of officers shall be held in September subject to the provisions of the International Constitution. Elections shall be held not less than thirty days after nominations have been closed. The Local Union Executive Board shall set the time and place of nominations and elections and such time and place and other relevant arrangements shall be convenient to the greatest possible attendance by all the members.
The term of office of Local Union officers and elected Business Agents shall not be for a lesser period than three (3) years, except where necessary to bring the terms of office of all officers in concurrence or in order to provide for a schedule of nominations and elections in accordance with Article XXII, Section 4(a) of the International Constitution.
B. Notice of Rules, Nominations, Meeting and Election
At least twenty (20) days prior to the date of the nomination meeting, specific notice of the date, time and place of the nomination meeting and the offices to be filled shall be mailed to the membership (except that notice of nominations and election may be combined); each member shall be advised in such notice that the election rules are set forth in the By-Laws and International Constitution which are available upon request.
C. Eligibility of Members
C. (1). Every member whose dues are paid up through the month which is prior to the month in which the nominations or election is held and working within the jurisdiction of this Local Union shall have the right to nominate, vote for, or otherwise support the candidates of his choice. No member whose dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to nominate, or vote for, a candidate for office in the Local Union, by reason for a delay or default in the payment of dues by the employer to the Local Union. However, a member on check-off shall be under a duty to pay his dues directly to the Local Union during any calendar month in which he does not have sufficient earnings, which are subject to the check-off authorization, from which his employer could make the dues deduction.
C. (2). To be eligible for election any office in this Local Union, a member must be in continuous good standing in this Local Union and actively employed at the craft within the jurisdiction of this Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said office and must be eligible to hold the office if elected. “Continuous good standing” means compliance with the provisions of Article X, Section 5 of the International Constitution requiring payment of dues on or before the last business day of the current month together with no interruptions in active membership in this Local Union because of suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Provided however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c) such period of withdrawal shall not be considered a break in continuous good standing in the Local Union. Payment of dues after their due date shall not restore good standing status for such month or months in computing the continuous twenty-four (24) months good standing status required by this Section as a condition of eligibility for office. No member shall lose his good standing status for any month in which his dues have been withheld by his employer for payment to the Local Union pursuant to hi voluntary authorization provided for in a collective bargaining agreement by reason of delay or default in the payment of such dues by the employer to the Local Union.
However, a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from work performed during the month from which the dues could have been deducted, or has earnings from which the employer normally makes a dues deduction pursuant to the contract or established practice, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
C.(3). Failure of a Local Union to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft within the jurisdiction of the Local Union during the required twenty-four (24) period to his nomination if a challenge is made based on evidence to the contrary, in which event a determination shall be made on the facts presented. Periods of unemployment during the twenty-four month period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the craft, and not working outside the craft during such period of unemployment.
Members in a reserve component of the military or National Guard who are called to active service lasting more than thirty (30) days but not more than twenty-four (24) consecutive months, may have their eligibility determined in accordance with Article II, Section 4(a)(4) of the International Constitution.
D. Nomination Procedures
D. (1). Nominations shall be held in accordance with provisions of Section 17 A. above at a general or special membership meeting or meetings of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold separate meetings. If nominations are held at separate division, craft or place of employment meetings, the members may nominate candidates from their own or any other division, craft or place of employment for election to Union office. Nominations and the conduct of the election and related questions shall be the first order of business as the nomination meeting and complete minutes shall be kept of that business. Nothing in this provision shall prohibit the holding of a special meeting, at which meeting nominations and the conduct of elections shall be the sole order of business. Nominations shall be taken at the scheduled time and date even if there is no quorum present as required by these Bylaws.
D. (2). Nominations shall be made at the meeting by a member in good standing other than the nominee by motion seconded by a member in good standing other than the nominee. Nominations may also be submitted by mail petition specifying the name and signature of the nominator and seconder, the position sought, and the signature of the nominee. Candidates are advised to verify the good standing status of their nominator and seconder prior to the nomination meeting.
D. (3). Every member eligible to nominate candidates shall be entitled to nominate or second the nomination of one (1) candidate, but only (1), for each office open. Prospective candidates may not nominate themselves nor second their own nomination.
D. (4). Nominations shall not be closed until a call for further nominations has been made three (3) times by the Chair without further nomination being made.
D. (5). If an election committee is used, after nomination each candidate for the office of President, Secretary-Treasurer and Recording Secretary may designate one (1) member for service thereon who shall thereupon be appointed by the President.
D. (6). In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the nomination meeting, effective as of the conclusion of the term of the previous incumbent.
D. (7). A member otherwise eligible to run for office shall become a bonafide candidate only upon his nomination for office and acceptance of the nomination. To be eligible to nominate and otherwise participate in the nomination meeting, a member must have his dues paid through the month prior to the month in which the nomination meeting is held. Candidates must accept nomination at the time made either in person or, if absent, in writing, and may accept nomination for only one office. A member may also run for and be elected as a Business Agent or Assistant Business Agent, as provided in Article XXII, Section 8 of the International Constitution, and may hold the office and the position if elected to both. After a candidate has accepted the nomination, he may not, under any circumstances, revoke his acceptance after the ballots are printed, except where as a result of the revocation the remaining candidate is unopposed.
D. (8). If any nominee should die before the election, his name shall nevertheless appear on the ballot. In the event such name shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office as provided in Section 14(A)(6) of these bylaws.
D. (9) If there is only one (1) nominee for an office and he is finally ruled ineligible after the nomination meeting, then the office shall be filled by appointment by the newly elected Local Union Executive Board.
E. (1). After the nominations meeting, but not less than twenty (20) days prior to the election specific notice of the date, time and place of the election and of the offices to be filled shall be mailed to each member at his last known home address, if no notice has previously been sent.
The election shall be held at such place or places and at such time, not earlier than thirty (30) days after the nomination meeting, as may be designated by the Local Union Executive Board. The election shall be by secret ballot through the use of voting machines to be located at a place or places designated by the Local Union Executive Board; balloting shall be open for a period no less than six (6) hours during the period between the hours of 9:00 a.m. and 5:00 p.m.; and it shall be the duty of the Local Union Executive Board to provide safeguards for the honest and fair conduct of such election.
E. (2). Voting shall be conducted by secret ballot among the members in good standing. There shall be no proxy voting. Each such member shall be entitled to one vote. The Local Union Executive Board shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the International Constitution and the Local Union By-Laws, including the authority to use mail referendum balloting or absentee balloting without membership approval. The General President shall also have the authority to direct the use of mail referendum balloting or absentee balloting without membership approval, and action for the Local Union Executive Board to the contrary notwithstanding.
E. (3). Each candidate, at his own expense, shall have the right to have an observer other than himself at each polling place and at the counting of the ballots who must be a member of the Local Union in good standing. Observers may challenge the eligibility of voters, and all challenged ballots shall be sealed in a blank envelope which in turn shall be sealed in an envelope with the name of the voter thereon. If votes are challenged, such challenge shall be made in writing at the time of the election with specific reasons given for such challenge. Challenges shall be investigated to determine their validity, if the challenged ballots are sufficient in number to affect the result of the election. The blank envelope containing the ballot shall not be opened until all challenges have been ruled upon. Upon request of any candidate, deemed reasonable by the election committee, voting machines shall be checked for proper operation. Candidates shall have the right to be present at the counting of the ballots.
E. (4). To be eligible to vote in the election a member must have his dues paid through the month prior to the month in which the election is held and must still be an active member on the day of the election. The candidate for each office who receives a plurality of the votes cast for the office shall be elected there except in the case of Trustees in which case the three (3) candidates receiving the highest number of votes shall be elected. In the event of a tie vote, the candidates shall resolve such tie by lot except in the case of a tie for the office of principal officer of the Local Union, in which case there shall be a reelection between only the candidates who have tied for the highest number of votes and only for that principal office.
E. (5). No officer may run for another office in this Local Union, the term of which covers part of his current term, unless he resigns from his current office, effective upon the certification of the results of the election. He shall announce his intention to resign not later than fifteen (15) days prior to the nomination meeting and will not be eligible for appointment to the vacancy created by his resignation. No officer may hold another office in any Local Union (other than a trusteed Local Union) during his term of office except by authorization of the General President and the Local Unions involved.
E. (6). There shall be no write-in candidates and any ballot containing a write-in candidate shall be void insofar as the vote for that office is concerned and such ballot for that office shall not be considered as having been cast in determining the vote for that office.
E. (7). During the period between the date of election and the end of the term of office no extraordinary expenditures of Local Union funds shall be made, and no action shall be taken that commits the Local Union to make such extraordinary expenditures in the future, without the approval of the officers-elect and the membership. An expenditure shall be considered extraordinary if it falls within the definition set forth in Article XXII, Section 4(e) of the International Constitution. In the event the election results in a new complement of officers, the outgoing officers must comply with the restrictions in Article XXII, Section 2(b) of the International Constitution regarding entering into contracts for personal services.
F. Duties of Secretary-Treasurer in Connection with Nominations and Election
F. (1). The Secretary-Treasurer shall at least twenty (20) days prior to the holding of the nominations give notice, as above provided, to the membership of the time, place and date and the offices for which nominations will be in order in connection with the election. Such notice shall be given in the manner determined by the Local Union Executive Board, consistent with these rules.
F. (2). The Secretary-Treasurer shall review the eligibility to hold office of any member at such members request and shall make a report on the eligibility of the member within five (5) days thereafter to any interested member. After the nomination meeting, the Secretary-Treasurer shall review the eligibility of all candidates, their nominators and seconders and certify their eligibility to run for office. The Secretary-Treasurer shall immediately notify all nominees of their eligibility status and shall specifically notify and disqualified nominee of the reason for said disqualification.
F. (3). Unless a joint nomination-election notice was sent, the Secretary-Treasurer shall give written notice to the membership of the Local, at least twenty (20) days prior to any election date, of the time, place, date, hours, and number of offices upon which voting shall be held, by mailing such notice to the member’s last known home address.
F. (4). Upon reasonable request of any declared and eligible candidate for office, the Secretary-Treasurer shall arrange for the distribution of any campaign literature by mail, or otherwise, provided that such candidate pays the reasonable estimated cost involved in advance. The Secretary-Treasurer shall not delay the distribution of any candidate’s mailing. Any reduced rate mailing permit available to any candidate shall be made available to all candidates on an equal basis. The Secretary-Treasurer may require that all campaign literature shall be presented to him at the principal office of the Local Union no later than a reasonable number of days prior to the election and all candidates shall be given reasonable notice of that cutoff date. The Secretary-Treasurer may, where in his judgment it appears necessary to provide for a consolidation of such distribution in which case the cost of such distribution shall be assessed upon the candidates involved on a pro rata basis.
F. (5). The Secretary-Treasurer to the extent required by law shall upon reasonable notice make available for inspection by any bonafide candidate the membership list of the Local Union covered by union security agreements once within thirty (30) days prior to the election date. No candidates shall be permitted by the Secretary-Treasurer to copy any names or addresses of employees shown on such list and such inspection must be made in the presence of the Secretary-Treasurer or his designee.
F. (6). The Secretary-Treasurer shall retain a copy of the notices of nominations and of the election, a copy of the ballot, the official tally sheet submitted by the tellers, all ballots, ballot return envelopes and such other records including election rules as shall relate to the conduction of the election. All copies and records shall be retained for one (1) year.
F. (7). It shall be the responsibility of each member to keep his dues and current address up to date.
G. Nomination and Election Protests
G. (1). Any member who desires to challenge a ruling on eligibility to run for office shall appeal, in writing, within forty-eight (48) hours after receipt of the ruling to the General President or his designee. The decision of the General President shall be appealable to the General Executive Board pursuant to the provision of Article VI, Section 2 of the International Constitution. In the event there shall be any protest or charges made concerning an election by any member prior to the holding of the election, such protest or charge shall be made in writing by such member within forty-eight (48) hours of his knowledge of the event complained of and shall specify the exact nature and specifications of the protest. Such protest or charges shall be made to the Local Union Secretary-Treasurer who shall refer the protest or charges to the Local Union Executive Board for disposition. The decision of the Local Union Executive Board shall be appealable to the General President, pursuant to the provisions of Article VI, Section 2 of the International Constitution.
G. (2). In the event there shall be any protest or charge by any member concerning the conduct of the election after the election has been held, such protest or charge shall be made in writing by such member within seventy-two (72) hours setting forth the exact nature and specifications of the protest and his claim as to how it has affected the outcome of the election. Such protest or charge shall be made to the Secretary-Treasurer of the Joint Council or State Conference, if there is no Joint Council, with which the Local Union is affiliated and the protest or charge shall be referred to the Joint Council Executive Board for disposition. The decision of the Joint Council Executive Board shall be appealable to the General Executive Board for final decision, which is not appealable to the Convention, in accordance with the provisions of Article XIX of the International Constitution to the extent that such provisions may be applied to an election protest or charge.
DUES, INITIATION FEES, ASSESSMENTS, ETC.
The minimum monthly dues of this organization shall be calculated on the basis of the formula set forth in Article X, Section 3(d) of the International Constitution. In no event shall monthly dues be less than the minimum established in the International Constitution.
B. Initiations Fees
Initiation fees for membership in this organization shall be $300.00. However, such initiation fee may be waived or reduced in connection with the organization of unorganized employees at the discretion of the Local Union Executive Board.
C. Re-initiation Fees
The reinitiating fees shall be equal to the prevailing initiation fee.
Any member, who shall be three (3) months in arrears in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the third month and shall not be entitled to any rights or privilege of membership. Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of suspension. Upon payment of the delinquent dues and re-initiation fee, the member shall be restored to good standing status. However, payment of dues shall not restore good standing status if fines and other charges due are not paid. The Local Union Executive Board shall have the power to waive, or reduce, on a non-discriminatory basis, the payment of delinquent dues, assessments and/or reinitiation fees
General or special assessments and levies may be made from time to time in the manner provided hereinafter.
F. Death Fund Assessment
Members, in addition to their initiation fee shall pay a death fund assessment of ten ($10.00) dollars.
G. Increasing dues, etc.
Any increase in the rate of dues, initiation fees, death fund assessment or levying of any general or special assessment by the Local Union shall be made at a general or special membership meeting in accordance with the following procedures:
G. (1). Reasonable notice shall be given of the meeting at which the membership will consider the question of whether or not such dues, initiation, re-initiation, death fund assessment, general or special assessment shall be increased or levied. The notice shall indicate that a proposed increase or assessment is to be voted on.
G. (2). At the meeting called as provided in this Section, voting shall be by secret ballot of the members in good standing.
G. (3). A majority vote by secret ballot of the members in good standing voting at such meeting shall decide the issue.
G. (4). This provision supersedes Section 29 (Amendments) with respect to changing the dues and fees set forth in these By-Laws.
G. (5). Nothing contained in Section 18 G. of these By-Laws shall be construed to apply to action by the International Union or to limit the right of the International Union to raise the dues of the membership, and the international Union shall not be subject to these provisions. The International Union shall in no way be subject to the provisions of Section 18 G. of these By-laws.
Membership meetings shall be general or special.
A. General Membership Meetings
A. (1). Four General Membership meetings shall be held yearly in the months of January, May, September and November. This Local Union will hold regular craft meetings in accordance with Article XIV, Section 2(b) of the International Constitution.
A.(2). The presiding Chairman can detail members or other persons to remove persons who have been ordered removed, or to prevent attendance of members who are “under the influence” or disorderly without calling upon the police.
A. (3). Members in attendance at membership meetings shall have the right to express their views, arguments or opinions upon any business properly before the meeting subject to these By-Laws and the rules and regulations adopted by the Local Union Executive Board pertaining to the conduct of meetings, but no member in exercising such rights shall evade or avoid his responsibility to the organization as an institution or engage in or instigate any conduct which would interfere with the Local Union’s performance of its legal or contractual obligations.
A. (4). The Local Union Executive Board is authorized to permit membership meetings to be held on a division, craft, and place of employment or other similar bases as it shall consider appropriate considering the special needs of the organization so as to permit the membership to attend meetings and to express their views and otherwise exercise their rights as members. There shall be no limitation on the right of any member to be heard at any such separate meeting provided herein on all matters which apply to the general membership, but such member shall be permitted to vote at such separate division, craft or place of employment meeting to which he has been assigned. Membership meetings permitted under this subsection shall be subject to all of the requirements of subsections (a) (1), (2) and (3) above.
A. (5). When the Local Union Executive Board authorizes such meeting by division, craft, or place of employment, each such meeting shall be conducted by the officers of the Local Union or by their designees and under the same procedures and rules as a general membership meeting, excepting only special meetings for limited purposes such as voting on contracts or strikes, handling of grievances, etc.
A. (6). On all matters which apply to the general membership, the votes of the meeting of each particular division, craft, or place of employment shall be totaled to determine the action of the Local Union in such matter.
B. Special Meetings
The President may, on his own motion, call a special meeting, Reasonable notice of the date, time, and place of any special meeting, and of the questions to be presented, shall be given the membership.
The quorum of a general or special membership meeting shall be fifteen (15). The Local Union Executive Board shall establish the number constituting the quorum for division, craft or place of employment meetings.
When a referendum is authorized by the Local Union Executive Board, reasonable notice shall be given by the Secretary-Treasurer of time, date, place, and question upon which the referendum is to be held. In a referendum, only members affected shall be permitted to vote concerning matters not affecting the entire membership. The Local Union Executive Board shall, at least ten (10) days in advance of the referendum, adopt rules and regulations for the conduct of the referendum.
E. Subject to the provisions of Article VI, Section 1(h) of the International Constitution, every member eligible to vote in any election under Section 17(c)(1) shall be eligible to vote on any question before the membership meeting or in a referendum.
F. If it should appear to the presiding Chairman that any member is so conducting himself to constitute a threat to the orderly conduct of the business of the meeting, he may order him ejected.
At any time when in the judgment of the presiding Chairman of the meeting it appears that the meeting has become so disorderly as to prevent proper deliberation on the matters which might properly come before the meeting the presiding Chairman shall have the right to adjourn such meeting forthwith, upon his own motion, and without second, and even though there may be other motions upon the floor. There shall be no appeal form such action since it is taken as a result of conditions which would prevent orderly consideration of the appeal by the meeting.
If such action is taken by the presiding Chairman, the time and place for a subsequent meeting, to be held within thirty (30) days shall be determined by the Executive Board.
The rights of members to attend meetings, to remain in such meeting or to participate in matters which come before such meetings are subject to the above powers and duties of the presiding Chairman and of the Local Union Executive Board.
A. An applicant shall be considered a member when he shall meet all the following requirements for membership;
A. (1). He shall have executed a written application for membership on form provided by the Secretary-Treasurer.
A. (2). He shall have signed a dues checkoff authorization permitting the initiation fee to be withheld from earnings. If no dues checkoff authorization is signed, membership shall date from the first month for which dues are paid, once full payment of the initiation fee is completed or he shall have tendered the initiation fees, death fund assessment, and one month’s dues by cash.
A. (3). The Local Union shall have accepted his application and dues.
A. (4). All new members presenting themselves for initiation shall receive upon request a free copy of the International Constitution and local Union By-Laws form the Local Union. However, any alleged failure to receive such copy shall not excuse a member from violation of any duty or obligation imposed upon him by his oath of office, initiation or membership.
A. (5). The first money received from an applicant for membership must be applied to the payment of dues for the month in which the applicant is first obligated to pay dues. If this Local Union permits an applicant to pay an initiation fee on a deferred basis the installment payments must be allocated to first satisfy the member’s dues obligation. Membership for new members shall date from the first month for which dues are paid once full payment of the initiation fee is completed.
B. Good Standing
B. (1). A member shall lose his good standing membership in this organization by acceptance of a withdrawal card, by suspension or expulsion from membership after appropriate proceedings consistent with the By-Laws or the Constitution, or by nonpayment of dues on or before the last business day of the current month. Members whose dues have been withheld by their employer pursuant to a voluntary check-off agreement shall not be declared in bad standing merely because the employer fails to remit check-off dues to the Local Union on or before the last day of the month.
Payment of dues to an officer or steward authorized by this Local Union to collect such dues shall be deemed payment to the Local Union.
B. (2). Any member in a suspended status because of his failure to pay his dues or other obligations as required by the International Constitution and these By-Laws, and not suspended or expelled from membership pursuant to disciplinary action, may reinstate his good standing for the purpose of attending Local Union meetings and voting at elections by the payment of all delinquent dues and other financial obligations prior to such meeting and election.
C. Issuance of Transfer and Withdrawal Cards
C. (1). The issuance of transfer cards must be handled in strict compliance with Article XVIII, Sections 1 and 2 of the International Constitution. The acceptance of transfer cards must be in accordance with the provisions of Article XVIII, Sections 3 and 4. The jurisdiction to issue honorable withdrawal cards must be handled in strict compliance with Article XVIII, Sections 6 and 7 of the International Constitution.
C. (2). When the Local Union is required to give to a member an honorable withdrawal card under the terms of the International Constitution and these By-Laws it may provide for the continuance of Local Union benefits to such inactive member under conditions which it may set forth, but such inactive member shall not be permitted to hold office or vote, and shall have only such right to participate in the meetings and the affairs of the Local Union as shall be uniformly permitted by the Local Union Executive Board
C. (3). A withdrawal card shall be issued to any member of this Local Union, including a Local Union officer,
who has retired, except that a member, who continues to work at the craft, including employment with the International Union or any affiliate, shall be required to retain active membership.
C. (4). All members on withdrawal from this Local Union shall be permitted to attend meetings but shall not participate, vote, or hold office.
C. (5). Withdrawal cards may be issued at the request of members to cover periods of disability as determined by the principal officer. It shall be understood however, that continuity of service for the twenty four (24) month period of eligibility to nominate or run for office shall be broken. Upon his return to work, said member shall surrender his withdrawal card at the Union office.
D. Upon the approval of these Bylaws by the General President, supervisory employees and such other classifications as the Local Union Executive Board may lawfully determine, shall take no part on committees selected to negotiate wages and working conditions with employers, and shall not be permitted to vote on any such agreement or on any vote to strike or take other action with respect to the agreement to which they may be subject or parties. Supervisory employees shall not be permitted to hold office unless permitted by federal, state, local or provincial law.
E. Responsibility of Members to the Local Union
E. (1). Every member by virtue of his membership in this Local Union is obligated to abide by these By-Laws and the International Constitution with respect to his rights, duties, privileges and immunities conferred by them. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of fellow members.
E. (2). Every member by virtue of his membership in this Local Union authorizes this Local Union to act as his exclusive bargaining representative with full and exclusive power to execute agreements with his employer governing terms and conditions of employment and to act for him and have final authority in presenting, processing and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement or out of his employment with such employer, in such manner as the Local Union or its officers deem to be in the best interested of the Local Union, all subject to Article XII and other applicable provisions of the International Constitution relating to such matters. The Local Union and its officers, business representatives and agents may decline to process any grievance, complaint or dispute if in their reasonable judgment such grievance, complaint or dispute lacks merit. The provisions of Article XII, Section 2, relating to area, multi-area, national company wide or industry wide contracts, shall supersede any provision of this Section.
E. (3). No member shall interfere with the elected officers or business agents of this organization in the performance of their duties, and each member shall, when requested, render such assistance and support in the performance of such duties as may be required by them. Each member and officer shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the performance of this Local Union of its legal or contractual obligations.
E. (4). No member shall engage in dual unionism or espouse dual unionism or disaffiliation, nor shall any member slander or libel the Local Union, its members or its officers, or be a party to any activity to secure the disestablishment of the Local Union as the collective bargaining agent for any employee.
E. (5). No member shall be permitted at any Union meeting or assembly to engage in any of the conduct hereinbefore described.
E. (6). Every member shall follow the rules of order at all meetings of the Local Union.
E. (7). Membership in this Local Union shall not vest any member thereof with the right, title or interest in or to the funds, property or other assets belonging to the Local Union now or hereafter and no member shall have a property right to membership in this organization.
E. (8). No Member seeking to resign from membership in any Local Union may do so except by submitting such resignation in writing to the Secretary-Treasurer of the Local Union. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Local Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Local Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.
F. Rights of Members
No provision of these By-Laws, rule of parliamentary procedure or action by the Local Union or its officers shall be administered in such a way as to deprive individual members of their rights under applicable law and the following membership rights:
F. (1). The right to nominate candidates or vote in elections or referendums of the Union;
F. (2). The right to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings;
F. (3). The right to meet and assemble freely with other members and to express any views, arguments, or opinions, upon any business properly before the meeting, subject to the organization’s established and reasonable rules;
F. (4). The right to information concerning the conduct of Local Union business;
F. (5). The right to institute an action in any court or in a proceeding before any administrative agency, irrespective of whether the Local Union or its officers are defendants in the action, or to appear as a witness in a judicial, administrative or legislative proceedings, or to petition any legislator, subject to the exhaustion of intra-union remedies as required by the International Constitution and applicable law.
For the purpose of Section 20(F) only, the term “meeting” includes any public meeting to which members of the Local Union are invited. All the rights of members set forth in Section 20(F) shall be subject to reasonable application and subject to the right of the Local Union to impose reasonable limitations upon the exercise of these rights by the members.
CHARGES AND TRIALS
A. Each member of this Local Union shall have the right to fair treatment in the application of union rules and law in accordance with the International Constitution and these By-Laws. In applying these rules and procedures relating to union discipline, the essential requirements of due process of law (notice, hearing, and judgment based upon the evidence) shall be observed, without, however, requiring the technical formality followed in court of law. Recognizing that these requirements of fairness and due process of law will be administered by groups of laboring men and women, this Local Union adopts the following procedures which supplement the requirements of Article XIX of the International Constitution. The following procedural guides are designed to attain justice both to the individual member and this organization, and instances where deviations from such procedures are not such as to substantially affect the member’s substantive right, these procedures are not to constitute technically precise requirement of strict pleading of courts of law.
B. Trials and Appeals
B. (1). Trial. Every member charged with a violation of these By-Laws or the International Constitution shall be accorded a full and fair hearing as required by law. No member of the Local Union Executive Board involved in the subject matter of the charge, shall sit on the trial board. The decision on disqualification under this provision, if raised by an interested party, shall be made in the first instance by majority vote of the Local Union Executive Board, whose decision shall be appealable as part of the case, in accordance with the appeal procedure of the International Constitution and these By-Laws. The officer alleged to be involved shall not vote on whether he is qualified to remain on the hearing panel. If the member charged or preferring the charges is a member of the Local Executive Board, or if a member of the Local Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint a uninvolved member as a substitutive. If either the President or Secretary-Treasurer of the Local Union is charged or has preferred the charges, or is unable to attend the hearing for any reason, the other officer shall appoint the substitute. If both the President and Secretary-Treasurer of the Local are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Local Union Executive Board shall appoint the substitutes. Charges by , against or involving a majority of the members of a Local Union Executive Board shall be filed with the Secretary-Treasurer of the Joint Council for trial by the Joint Council Executive Board. In no event shall any involved officer or member serve on a hearing panel, participate in the selection of a substitute member of a hearing panel, or participate in the decision making process of the trial body.
Whenever the words “Joint Council” appear in other sections of these Bylaws, they shall mean Joint Council or State or Multi-State Joint Council and include State or Multi-State Conferences in all matters relating to disputes and appeals where there is no chartered Joint Council.
C. (1). Charges. Charges shall be in writing and signed by those filing same and must be filed in duplicate with the Local Union Secretary-Treasurer of the body which is to hear the charges, who shall serve the charges and notice of the hearing upon the accused either in person or by mail at least ten (10) days prior to the hearing. No hearing on any charge shall be held less than ten (10) days from the date on which notice of the hearing has been served on the parties unless all parties agree to waive this requirement. In scheduling the time and place of the hearing, due consideration shall be given to the convenience of the accused and witnesses necessary in the case. The charges must set forth the provisions of the International Constitution or these By-Laws allegedly violated and the acts which allegedly constitute such violation in sufficient detail to inform the accused of the offense charged, including, where possible, dates and places. The charging party must include in the charges all alleged offenses of which he has knowledge or in the exercise of due diligence should have knowledge, as of the time of the filing of the charges. He may not subsequently file additional charges based upon facts of which he had knowledge or in the exercise of due diligence should have had knowledge as of the time of the filing of the charges. Any charge based upon alleged misconduct which occurred more than five years, before the discovery of the conduct giving rise to the charge is barred and shall be rejected by the Secretary-Treasurer except charges based upon the non-payment of dues, assessments and other financial obligations. No member or officer shall be required to stand trial on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded. Nor shall a member or officer be required to stand trial on charges that are substantially the same or arise under the officer provided that a decision was rendered on those prior charges. Charges may be preferred against a suspended member or an ex-member who has been issued a withdrawal card.
C. (3). In the event of non-compliance with the decision handed down by a trial or appellate body, the member, elected business agent, officer or Local Union shall stand suspended from rights and privileges under the International Constitution until the provision of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carries with it an order of expulsion, the order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal.
C. (4). Rights of the Accused. Throughout the proceedings there shall be a presumption of innocence in favor of the accused. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the panel must vote to find the charged party guilty. The accused shall have the right to present his own evidence, rebut testimony against him, present witnesses favorable to him and cross examine adverse witnesses. The charging party, the accused and the Local Union Executive Board may select only a member in good standing of the Local Union to represent them at a hearing conducted before any trial or appellate body. Witnesses need not be members. The hearings shall be open to other members, subject to the discretion of the Local Union Executive Board maintaining order and in excluding witnesses except when testifying.
C. (5). Action by the Local Union Executive Board. The Local Union Executive Board shall have the authority to determine the manner of reporting the hearings and shall have authority to exclude any method not authorized by it. Any request by a party that a verbatim record be made must be received by the Executive Board not later than five (5) business days prior to the scheduled commencement of the hearing and shall be honored. If the Local Union Executive board decides to have a transcript or recording of the hearing made, the Local Union Executive Board shall furnish a copy available to the parties for copying or consultation without cost.
Within a reasonable time after completion of the hearing, the Local Union Executive Board shall decide the case. The decision of the Local Union Executive Board shall be in writing and contain the charges, its own factual findings and decision, and a notice to the parties informing them of the proper body to which they may appeal, and the time within which the appeal must be filed. A copy of the decision of the Local Union Executive Board must be forwarded to the parties without delay. A copy of all documents in the proceedings shall be kept available at the Local Union’s principal office until final disposition is made of these charges.
C.(6). Appeals. Appeals shall be taken pursuant to the provisions of Article XIX of the International Constitution.
A. Every officer, agent, employee or other representative of this Local Union or shop steward who handles funds or other property of this organization shall be bonded in accordance with the requirements of the International Constitution and applicable statute. The amount of bond required of each person shall be ascertained by the Local Union Executive Board, and the premium charges shall be paid out of the general funds of the Local Union.
B. If the Local Union Executive Board, in its sole judgment, believes that it would be to the advantage of this organization to join with the International and/or any or all of its subordinate bodies or affiliated Local Unions in obtaining a bond or bonds covering persons in this Local Union and such other organizations under a bond or bonds issues to said International Union or other subordinate body, then, in such event the Local Union Executive Board is authorized and empowered to enter into such arrangements and pay from the general funds of this Local Union the cost for bonding these person in this Local Union, but such surety coverage shall conform to the requirements set forth in Section 22(A).
(C) Should the bond of any person required to be bonded be canceled after surety coverage has been afforded, then such person shall be allowed thirty (30) days within which to arrange either for reinstatement of his coverage or the substitution of another bond meeting the requirements of Section 22(A) to take the place of the canceled bond. However, during the period such person or a new officer is not covered by surety bond, the Local Union Executive Board shall make whatever arrangements shall be necessary to relieve such person of the handling of any money or property of the Local Union.
(D) If an employee or officer referred to in Section 22(C) cannot within thirty (30) days provide the surety bond required in conformity with the provisions of Section 22(A), the Local Union Executive Board shall be authorized and empowered to permit him to remain in his office or position under such arrangements as it may consider reasonable, but shall not require or permit him to handle any of the money or control any of the property of the Local Union.
Rules of Order
Rule 1. The regular order of business may be suspended by a vote of the meeting at any time.
Rule 2. The Chairman of the meeting shall enforce these rules and regulation and may direct that members be removed from the meeting for violation of these rules.
Rule 3. Any activity which has the effect of disturbing a member while speaking or disturb the conduct of the meeting or hinder the transaction of business shall be deemed a violation of order.
Rule 4. Attending meetings under the influence of alcohol or drugs is basis for removal.
Rule 5. The meeting may determine what portions of its business shall be secret.
Rule 6. When a member wished the floor, he shall rise and respectfully address the Chair, and if recognized by the Chair he shall state his name.
Rule 7. If two or more members rise to speak, the Chair shall decide which is entitled to the floor.
Rule 8. Every member, while speaking, shall adhere to the question under debate and avoid all invective and indecorous language, but all members shall have the right to express their views, arguments and opinions upon candidates and upon any business properly before the meeting.
Rule 9. No member shall interrupt another member while speaking except for a point of order, and he shall definitely state the point, and the Chair shall decide the same without debate.
Rule 10. Any member, while speaking, being called to order by another, at the request of the Chair, shall cease speaking and be seated until the question of order is determined.
Rule 11. If any member shall feel himself aggrieved by a decision of the Chair, he may appeal from the decision of the Chair to the meeting without debate.
Rule 12. When an appeal is made from the decision of the Chair, said appeal shall be stated by the Chairman to the meeting in these words: “Shall the decision of the Chair be sustained as the decision of this meeting?” The member taking the appeal will have the right to state the grounds of appeal, and the Chair will give his reasons for the decision. Thereupon, the members will proceed to vote on the appeal without further debate, and it shall require a majority vote to overrule the Chair.
Rule 13. No member shall speak more than once on the same question until all members wishing to speak have had an opportunity to do so, no more than five (5) minutes at one time.
Rule 14. In presenting a motion, a brief statement of its object may be mad, but no discussion of its merits shall be admitted until the question is stated by the Chair.
Rule 15. Any member may call for a division of a question when the subject or sense admits thereof.
Rule 16. All votes other than amendments to these By-Laws or rules or Order may be reconsidered at the same or next succeeding meeting upon a motion made and seconded by two (2) members who voted in the majority, provided a majority of the membership present and voting agrees thereto; but after a motion to reconsider has once been lost, it shall not be removed without debate.
Rule 17. The following motions shall have precedence in the following order: first, to adjourn; second, to close debate; third, to take up the previous question; fourth, to lay on the table; fifth, to postpone indefinitely; sixth, to postpone to a definite time; seventh, to refer; eighth, to amend. The first four shall be decided without debate.
Rule 18. When a question is postponed indefinitely, it shall not come up again, except upon a majority vote of the members present and voting.
Rule 19. The motion to close debate may be made by two (2) members, and shall be put in this form: “Shall the debate now close?” if adapted, the President shall proceed to take up the question before the membership, according to priority, without further debate.
Rule 20. The call for the previous question on the original motion may be made by six (6) members and shall be put in this form: “Shall the main question be now put?’ if adopted, the effect shall be to take up the question on the original motion to the exclusion of all debate and all amendments which have not been adopted.
Rule 21. If proper motion to amend has been made, the question on the amendment shall be put first; if more than one amendment has been offered, the question shall then be put as follows: first, amendment to the amendment; second amendment; third, original proposition.
Rule 22. A motion to adjourn shall always be in order except; first, when a member has the floor; second, when members are voting; third, when a motion is pending.
Rule 23. A motion to adjourn having been put and lost shall not be in order again, provided there is further business before the Local Union, until fifteen (15) minutes have elapsed.
Rule 24. The Chair shall state every question coming before the Local Union before permitting the opening of debate thereon. Immediately before putting it to a vote he shall ask: “Is the Local Union ready for the question?” Should no member rise to speak on the question, or if a majority shall vote to close discussion, the Chair shall close the question and no member shall be permitted to speak further upon it.
Rule 25. When the presided Chairman has commenced taking the vote, no further debate or remarks shall be allowed, unless a mistake has been made, in which case the mistake shall be rectified and the presiding Chairman shall recommence taking the vote.
Rule 26. One (1) tap of the gavel shall call to order; two (2) taps to be seated; three (3) taps to rise.
Rule 27. Any question on procedure in debate, not provided for herein, shall be governed by Robert’s Rules of Order, Revised.
Rule 28. All rulings of the presiding officer or procedure which are not challenged during the meeting become final and unappealable upon adjournment of the meeting.
The Standing Committees of this Local Union may include Committees on By-Laws, Finance and Organization, Application, Unemployment, Grievance and Benefits, and such committees shall perform such duties and functions as shall be assigned to them from time to time by the Local Union Executive Board.
The Local Union acknowledges that the Constitution of the International Brotherhood of Teamsters supersedes any provisions of these Bylaws herewith or hereinafter adopted which may be inconsistent with such constitution. The Local Union incorporates herein the provisions of the International Constitution, as they may have interpreted, modified, or amended form time to time, which are applicable to Local Union matters and affairs, and shall perform all the duties imposed upon a Local Union by such Constitution.
These By-Laws are subject to the Constitution and By-Laws of the International Brotherhood of Teamsters and applicable Conference and Joint Council By-Laws.
Neither this Local Union, nor any of its officers, business agents or employees, has the power to make any contract or agreement or to incur any liability which shall be binding upon the International Union or any of its affiliates other than this Local Union unless the written consent of the governing body or executive officer thereof has first been obtained authorizing such action. Neither this Local Union nor any of its officers, representative or employees has been authorized or empowered to act as an agent of the International Union or any of its affiliated bodies and shall not be deemed an agent for any such body unless expressly authorized in writing by the governing body of such body to act in this capacity. No agreement or contract shall be binding upon this Local Union unless executed and delivered by its duly authorized officers, and a contract or agreement for personal services shall not be binding beyond the expiration of the term of the Executive Board at the time such contract or agreement is made. This shall not prevent a Local Union Executive Board from entering into a bona fide collective bargaining agreement with another union covering Local Union employees, subject to the requirements of Article XXII, Section 2(b) of the International Constitution.
LOCAL UNION PROPERTY
No property of the Local Union, and no property in the possession, custody or control of this Local Union or any of its officers representatives or employees and no property held in trust by any trustee for and in behalf of this Local Union, express or implied, which was created or established by this Local Union, and whose purpose is to provide benefits for the Local Union itself, or the members of the Local Union or their beneficiaries, shall be given, contributed, donated or appropriated, either directly or indirectly, to aid or assist or be expended in behalf of any seceding, dual or antagonistic labor organization or group, nor to any Local Union which is acting in violation of the Constitution of the International.
NEGOTIATIONS, RATIFICATION OF AGREEMENTS,
STRIKES AND LOCKOUTS
A. Whenever a collective bargaining agreement is about to be negotiated, modified or extended at the request of this Local Union, the principal officer shall determine and authorize the bargaining demands to be made. The Local Union Executive Board shall determine whether such meeting shall be limited to the members in a particular division, craft or place of employment. Where this Local Union is a participant in an area-wide or conference wide agreement, it is understood that the bargaining demands of this Local Union may be accepted, modified or rejected by the overall negotiation committee in accordance with such rules and procedures as may be adopted by the area-wide, conference-wide or national bargaining group.
B. The Secretary-Treasurer shall submit to Joint Council two (2) copies of all proposed collective bargaining agreements with a company in an industry in which there is an area standard established by pre-existing agreements or amendments thereto, or where otherwise directed to do so by the Joint Council, for approval before submitted to the State Conference for its approval. In those cases where the proposed agreement is for operations which are already subject to an area-wide agreement, or a prospective area-wide agreement is already planned, the proposed agreement shall be submitted to the Director of the appropriate Trade Conference or Division for approval before submission to the employer.
C. Ratification of agreements or amendments shall be subject to vote in the same manner as provided for in connection with bargaining demands as set forth in Section 27 A. or in the case of area-wide, conference-wide, or national agreements in accordance with the Constitution and rules adopted by such bargaining group, except that where the General Executive Board has directed the Local Union to refrain from executing such agreement, no proposed agreement shall be considered ratified by any vote until and unless it is specifically approved by the General Executive Board. Where the final contract proposal has been reduced to writing at the time it is to be submitted for vote, copies of the written proposal shall be made available to the affected membership. True copies of final agreements arrived at by the Local Union shall be filed by the Secretary-Treasurer with the Economic and Contracts Department of the International Union and of the area conference within sixty (60) days after execution, together with a list of the names and locations of employers and number of employees covered by such agreements. The Secretary-Treasurer shall, as of January first of each year, submit to the Economic and Contracts Departments of the International Union a list of agreements in effect, showing the name of the employer or employers, parties thereto, location or locations, and the expiration date.
D. If a settlement cannot be reached in connection with the negotiation or modification of a collective bargaining agreement between the members of this Local Union and an employer after the officers have used reasonable means of achieving a settlement through the process of collective bargaining, the matter shall be subject to the strike procedure, conditions and qualifications set forth in the Constitution. The Local Union Executive Board may, in its discretion, provide that the strike vote be limited to the members employed in a particular division, craft, or place of employment. In cases where area-wide, conference-wide, or national agreements are involved, it is understood that the specified majorities of the members covered by such agreements must vote to strike as set forth in Article XII, Section 1 or 2 of the Constitution, and in such event, such strike vote shall apply to this Local Union, irrespective of the individual vote of this Local Union on that question.
E. Strike votes shall not be required in any case where a collective bargaining agreement then in existence authorizes such strike for the purpose of enforcing the terms of such agreement. Nor shall a strike vote be required for a strike in support of demands that an employer agrees to the terms and conditions of an agreement already negotiated and approved on a state, multi-state, multi-area or national, company-wide or area basis. In such case the Local Union Executive Board, subject to the approval of the General President, may call the strike in support of its position, and may also, with the approval of the General President, terminate such strike without vote.
F. Prior to a strike, and in the case of picketing, lawsuit or other serious difficulty, the Secretary-Treasurer shall immediately notify the Joint Council of which it is a member of any contemplated action as required by the Constitution.
G. Out-of-work benefits shall be payable to members only as provided by and in accordance with the Constitution. The Secretary- Treasurer shall be responsible for securing of such benefits where the Local Union is eligible to receive them, executing all documents required by the International and returning all monies to the International Union remaining unused by the Local Union at the close of the strike or lockout.
H. Strikes which are not terminated by the conclusion of a collective bargaining agreement or by arbitration or otherwise may be terminated in such manner as the Local Union Executive Board shall determine appropriate.
A. The provisions of these By-Laws relating to the payment of dues, assessments, fines or penalties, etc., shall not be construed as incorporating into any Union security contract those requirements for good standing membership which may be in violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. However, all such financial obligations imposed by or under the International Constitution and these Local Union by-laws (and in conformity therewith) shall be legal obligations of the members upon whom imposed and enforceable in a court of law. The General Executive Board of the International Union is authorized to adopt any plan or arrangement relating to such requirements and obligations which may be imposed by applicable law.
B. If any provision of these By-Laws shall be declared invalid or inoperative, by any competent authority of the executive, judicial, or administrative branch of federal or state government, the Local Union Executive Board shall have the authority to suspend the operation of such provisions during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision. If any section or subsection of these By-Laws should be held invalid by operation or law or by any tribunal of competent jurisdiction, the remainder of these By-Laws or the application of such section or subsection to persons or circumstances other than those to which it has been held invalid, shall not be affected thereby.
amendements to the By-Laws shall be submitted in writing at a regular meeting of the Local Union only in January of each year upon initiation either by petition of seven (7) members in good standing, or by resolution of the Local Union Executive Board. Under no circumstances may these By-Laws be amended during a term of office to affect or modify the powers and duties of the incumbent officer or elected business agent. Such amendments may be made effective only as of the beginning of the next term of office.
B. The proposed amendments shall then be read at two (2) consecutive regular meetings of the membership or a two (2) consecutive division, craft or place of employment or similar meetings (if the Local Union Executive Board has determined that membership meetings be conducted on such basis), and voted upon at the third meeting or meetings. A majority vote of the members in good standing voting at such meeting shall be required for passage.
C. Amendments to these By-Laws are subject to the approval of the General President, as provided in Article VI, Section 4, of the International Constitution and shall not be effective until such approval has been given.
D. Nothing contained in Section 29 of these Bylaws shall preclude the Local Union Executive Board in the exercise of its discretion, from directing that a membership vote be conducted by mail referendum after appropriate notice and with safeguards to ensure the integrity of the balloting.
Fellow worker, you will now take an obligation that will bind you the International Brotherhood of Teamsters and this Local Union, and that will in no way conflict with your religious belief or your duties as a citizen:
I, ___________________________, pledge my honor to faithfully observe the Constitution and the laws of the International Brotherhood of Teamsters and the Bylaws and laws of this Local Union.
I pledge that I will comply with all the rules and regulations for the government of the International Union and this Local Union.
I will faithfully perform all the duties assigned to me to the best of my ability and skill.
I will conduct myself at all times in a manner as not to bring reproach upon my Union.
I shall take an affirmative part in the business and activities of the Union and accept and discharge my responsibilities during any authorized strike or lockout.
I pledge not to divulge to non-members the private business of this Union, unless authorized to reveal the same.
I will never knowingly harm a fellow member.
I will never discriminate against a fellow worker on account of race, color, religion, sex, age, physical disability, or national origin, or sexual orientation.
I will refrain from any conduct that would interfere with the Union’s performance of its legal or contractual obligations.
I will at all times bear true and faithful allegiance to the International Brotherhood of Teamsters and this Local Union.
All members will be covered by a Death Fund. The amount of the benefit shall be determined by the Local Union Executive Board.
The fiscal year of this organization shall commence on the first day of January.
Date last revised: ______________________
Page Last Updated: Sep 29, 2012 (06:23:56)