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By-Laws

By-Laws


   

Text in Bold is the Additions In Articles IV, V, VI, VII, X

 

 

BY-LAWS

 

For

 

AMALGAMATED

 

LOCAL UNION 550

 

 

 

 

 

United Steel Workers

Five Gateway Center

Pittsburgh, PA 15222

 

Proposed:

October 13, 2009

 

Vote On:

December 8, 2009

 

 

 

 

 

 

 

 

Table of Contents

 

                                                                                        Page

 

Officer’s Letter                                                                    4

BY-LAWS FOR AMALGAMATED

LOCAL UNIONS                                                                6

Article I – Name                                                                   6

Article II- Objects                                                                6

Article III – Eligibility                                                        7

Article IV –Election of Officers

And Unit Positions                                                             7

Article V-Duties of Officers

And Unit Positions                                                              11

Article VI – Compensation for Services                          15

Article VII – Meetings                                                        17

Article VIII – Membership                                                17

Article IX – Discipline                                                        18

Article X – Trials of Members and

Local Union Officers                                                          19

Article XI – Notification to Employers

Regarding Status of Members                                          22

 

 

 

 

 

 

 

 

 

 

 

                                                                                                PAGE

 

Article XII- Finances                                                 23

Article XIII- Delegates to International

Convention                                                                           24

Article XIV – Workers’ Compensation

Committee, Safety & Health Committee,

Civil Rights Committee, Women’s

Committee & Organizing Committee                    25

Article XV – Transfer Certificates                                   26

Article XVI – Strikes                                                 26

Article XVII- Order of Business for Local

Union Meetings                                                                   27

Article XVIII – Effective Date                                           27

Article XIX – Additions and Amendments

To Additions                                                                        27

Appendix

Resolution by International

Executive Board                                                                  28

 

  

 

 

 

 

 

 

 

To Amalgamated Local Union Officers

And Members, United Steelworkers:

 

The International Executive Board has recognized the challenges that seriously threaten our future.  Our Union is committed to creating more powerful and effective Local Unions with sufficient resources to successfully represent our members in existing

bargaining units.

 

In order to assure conformity with the International Constitution, the policies of the International Union and the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) it is imperative that Local Union By-Laws and amendments to such By-Laws be approved by the International Union.

 

In order to make it easier for Local Unions to comply with these various requirements and expedite the process of approval, the International Union has developed

standard By-Laws for Local Unions that have been approved and adopted by the International Board.

 

However, it has been recognized by the International Executive Board that the standard By-Laws for Local Unions are not appropriate in their Entirety for Amalgamated Local Unions.  At the 1970 Constitutional Convention, Article VII, Section 5 of the International Constitution was amended empowering the International Executive Board to issue rules and special By-Laws governing Amalgamated Local Unions.                               

 

Therefore, pursuant to Section 5 of Article VII of the International Constitution these separate By-Laws have been developed especially for Amalgamated Local Unions.  For the purposes of the adoption by Amalgamated Local Unions of these By-Laws, an “Amalgamated Local Union” is defined as a Local Union whose members are employed by the same or Different employers in more than one bargaining unit within a single District of the International Union, or with the approval of the International Executive Board, in more than one District.  Each such bargaining unit is hereinafter referred to as a “Unit”.

 

The starting point in administering the By-Laws of any Amalgamated Local Union is the International Constitution which provides in Article I that it shall also be the Constitution of each Local Union.

 

These standard By-Laws include the basic requirements of the International Constitution with respect to the operation of Amalgamated Local Unions.  They also include provisions which meet the requirements of the 1959 Landrum-Griffin Act.

 

The provisions set forth in these standard By-Laws are those which have uniform application to and can be uniformly worded for all Amalgamated Local Unions.

                                                                      

Where an Amalgamated Local Union does not have separate By-Laws, Article VII, Section 5, of the International Constitution provides that these standard

By-Laws shall be the By-Laws of such Amalgamated Local Union.  For those Amalgamated Local Unions which have separate By-Laws, the standard By-Laws

in the booklet must be and are deemed to be incorporated in the By-Laws of such Amalgamated Local Unions. Due to agreements that were made during various

Mergers with other Unions some of the provisions contained in these By-Laws may not apply to Local Unions who came to the USW by way of a merger.

 

Where necessary, Amalgamated Local Unions may supplement these standard By-Laws by addition of new Subsections, new Sections of new Articles consistent with the International Constitution, International Union Manuals and policies these

standard By-Laws or applicable law.  However any provisions in an Amalgamated Local Union’s By-Laws inconsistent with these standard By-Laws or the Local

Union Elections Manual adopted by the International Union, even though previously approved by the International Union, are hereby suspended and may not be enforced.

 

AMALAGATED LOCAL UNIONS SHOULD SENT TO THE INTERNATIONAL UNION FOR APPROVAL ONLY THOSE SUBSECTIONS, SECTIONS OR ARTICLES OF THEIR BY-LAWS WHICH ARE ADDITIONALTO THE

STANDARD BY-LAWS AND HAVE NOT BEEN PREVIOUSLY APPROVED BY THE INTERNATIONAL UNION.  FOR EXAMPLE:  AMALGAMATED LOCAL UNIONS MAY WISH TO ASSIGN DUTIES TO OFFICERS BEYOND THOSE SET FORTH UNDER ARTICLE V OF  THE STANDARD BY-LAWS, IN SUCH A

CASE, ONLY THE SUBSECTION SETTING FORTH THE ADDITIONAL DUTIES SHOULD BE SENT TO THE INTERNATIONAL UNION FOR APPROVAL:  THE REMAINDER OF ARTICLE V SHOULD BE AS SET

FORTH IN THE STANDARD BY-LAWS AND, THEREFORE WOULD NOT REQUIRE FURTHER REVIEW OR APPROVAL.

 

Through this procedure, and with your cooperation in carrying it out, we anticipate that it will be possible to give early review to additional portions of Amalgamated Local Union By-Laws that will require approval by the International Union.

 

In the event that any clause or provision of these By-Laws is declared unlawful or  unenforceable by the United States or Canadian Court, such clause or provision shall in the jurisdiction in which it is unlawful or unenforceable, be considered severable from all other clauses and provisions of these By-Laws, subject to International Executive Board action.

 

 

 

 

 

                                                                                           BY-LAWS FOR AMALGAMATED

LOCAL UNIONS

 

ARTICLE I

Name

 

This Organization shall be known as United Steel, Paper and Forestry, Rubber, Manufacturing Energy, Allied Industrial and Service Workers International

Union (to be known in short as the “United Steelworkers” and by the acronym “USW”),

Amalgamated Local Union 550 (hereinafter also referred to as “this Amalgamated Local Union”, or “the Amalgamated Local Union.”

 

 

 

ARTICLE II

     Objects

 

 

First, to unite in this Local Union all working men and working women who are members of the United Steelworkers (hereinafter referred to as the “International Union”) and who are within the jurisdiction of the Local Union.

 

Second:  To establish through collective bargaining adequate wage standards, shorter hours of work and improvements in the condition of employment for workers in industry.

                   

Third:  To engage in educational, legislative, political, civic, social, welfare, community and other activities; to advance and safeguard the economic security

and social welfare of workers in industry, the International Union, its Local Union and the labor movements of the United States, Canada, and the world to seek to eliminate all forms of discrimination, to protect and extend our democratic institutions and civil rights and liberties or democracy and social and economic justice in the United States, Canada and the world community.

 

Fourth:  To encourage the organization and affiliation of unorganized workers, who, subject to the provisions of Article VI, Section I, of the International Constitution, may be placed within the jurisdiction of this Local Union.

 

Fifth:  To take all steps and actions consistent with the Constitution and policies of the International Union, and these By-Laws, to implement and carry out the objects, rights, activities, and responsibilities of this organization and the International Union.

 

(1) Insert here the number of the Local.

(2) The term “Local Union” shall be interpreted to mean Amalgamated Local Union “for the purpose of these By-Laws

 

 

 

ARTICLE III

Eligibility

 

 

Section 1:  All members in good standing of the International Union who are within the jurisdiction of this Local Union shall by virtue of such membership in the                                   

International Union, constitute the membership of this Local Union.

 

Section 2:  Persons having supervisory power shall be eligible for membership subject to the terms established by the International Executive Board.

 

Section 3:  No person shall be eligible for membership or for nomination or election or appointment to, or to hold any office or position, or to serve on any Committee in the International Union, or in this Local Union, or to serve as a delegate, who is a consistent supporter of, or who actively participates in, the activities of any hate-based-racist, terrorist, or other organization which advocates violence to affect government policy or to oppose the democratic principles to which the United States and Canada and our Union are dedicated.

 

This eligibility requirement shall be in addition to Any other eligibility requirement imposed by any other Article or Section of the International Constitution or

or of these By-Laws.                             

 

 

ARTICLE IV

ELECTION OF OFFICERS AND UNIT POSITIONS

 

Section 1(a). The Officers of this Amalgamated Local Union shall be:  President, Vice President, Financial-Corresponding Secretary, Recording Secretary, Sergeant-at-Arms, and three (3) Trustees.

 

Note:  Prior to the promulgation of these By-Laws some Amalgamated Local Unions have had representatives either elected or appointed, in addition to the Officers specified in Article IV, Section 1.  Such representatives have been referred to, for example, as Business Agent, Business Representative, Chief Grievance Committee Person, Local Union Representative or other title approved by the Local Union, District Director, and International President. This representative shall be referred to in these By-Laws as the Local Union Representative.(5)  It is the Policy of the International Executive Board that the appointed position of Local Union Representative should be limited to those circumstances that clearly and demonstrably warrant the continuation or creation

of such positions.  However, those Amalgamated Local Unions that have had such representatives may continue those positions, subject to the approval of their District

Director, and of the International President; and Amalgamated Local Unions that have

not had such representatives may create such positions subject to the approval of their District Director and of the International President.  All newly created Local Union

Representative positions shall be appointed by a majority of the Local Union Officers, subject to the approval of their District Director and of the International President.  In those cases where the Local Union Representative is appointed, the following provision shall be added to Section 1 (a) of this Article:  “In addition to these eleven Officers, there

shall also be (a) position (s) in this Amalgamated Local Union known as the Local Union Representative.  The Local Union Representative shall be an employee of

the Amalgamated Local Union and all appointments shall be reviewed on an annual basis.  The Local Union Representative shall not by virtue of that position be an Officer and shall not be responsible for setting policy for the Local Union in the capacity of Local Union Representative.  However, a duly elected Officer of the Local Union may serve as the Local Union Representative.  It shall be the duty of the Local Union Representative to assist the Staff Representative and other representatives of the International Union in the handling of grievances and the preparation of arbitration cases; to assist in the negotiation of collective bargaining agreements; to engage in organizing activity in accordance with these By-Laws; and to perform such other duties as the District Director may assign, and where consistent with these By-Laws, the Constitution, the policies of the International Union, or any assignments by the District Director, such other duties as the Local Union may assign these duties to the Local Union President.

 

 

(5) A November 17, 2002 resolution adopted by the International Executive Board sets out those circumstances under which Local Union Representatives may continue to be elected.

                                              

Section 1(b) In addition to the Local Union Officers identified in Section 1 (a) of this Article, there shall be the following Unit positions:  

                USEC: Division I - Operations Committeeman (1)

                        Division II – Maintenance Committeeman (1)

                        Division III – Lower Craft Committeeman (1)

                        Environment, Safety & Health Representative (1)

                        Benefits Representative (1)

 

            REMEDIATION:  Division I – Operator / Skilled Craft Committeeman (1)

                                           Division II – Radiological Technicians Committeeman (1)

                                           Environment, Safety & Health Representative (1)

 

            INFRASTRUCTURE:  General Committeeman (1)

                                                   Environment, Safety & Health Representative (1)

 

            DUF6 Conversion:  General Committeeman (1)

                                             Environment, Safety & Health Representative (1)

 

Section 1. The Unit Environment, Safety & Health Representatives and the Unit Benefits Representatives shall not be considered Unit Officers, but shall be considered Staff Positions in support of the Local Union.

 

 

Section 2:  No member shall at the same time be a candidate for or hold more one of the offices names in Section 1 (a) of this Article. (3)

 

Section 3 (a):  Local Union Officers and Unit Officials shall continue to be elected for a term of two (2) years consistent with the provisions contained in the USWA/PACE Merger Agreement.  Until the merger transition period has expired, Local Union Officers and Unit Officials shall continue to be nominated at the  November Local Union membership meeting and subsequently elected at the December Local Union Membership meeting.  Unless they decline from the floor, no nominee shall be placed on the ballot unless he signified his acceptance of the nomination, by written notification, submitted to the Election Committee prior to midnight of the (3rd) third Tuesday in November.  Failure to signify acceptance by completing the acceptance notification form shall result in automatic rejection of the nomination.  Only votes for candidates duly nominated and properly on the ballot shall be counted.  There shall be no proxy, write-in, or sticker voting.

 

Section 3(b):  At the conclusion of the Merger Agreement transition period, the following terms of office and election dates will become controlling:  Local Union Officers and Officials shall be elected for a term of three (3) years at the last meeting in April, 2012 or on such day and/or at such other hours in April 2012 as the Membership shall determine and which will enable all members who so desire to vote.  Elections shall be by a plurality vote of the members in good standing participating in a secret ballot vote.  Those elected in April, 2012, shall be installed at the first regular Membership meeting in May, 2012 and shall serve until their successors are elected and qualified, at which time all money, official records, and documents and all property belonging to the Local Union shall be turned over to such successors.

 

Section 3(c):  To provide for a seamless transition from two (2) year election cycle to a three (3) year election cycle, the following language is provided:  The term that would have ended in January of 2012 under the previous two year election cycle will be extended until May 2012.  At such time, the requirements contained in Section 3 (b) above will become controlling, and the provisions in this section will be considered null and void.

 

Section 3(d):  Persons occupying Unit positions shall be elected by a plurality vote of the members in their respective Units, who are in good standing, participating in a secret ballot.  In any case in which only one eligible member has been nominated for a Local Union office or Unit position, and that member has indicated acceptance of the nomination with the time limits and in the manner prescribed by the approved By-Laws, or rules of the International Union and Local Union, no election need to be held for that office or Unit position, and the member who has been so nominated shall be deemed elected.  An officer or Unit official who retires from an enterprise serviced by the Local Union shall not be permitted to continue in office.

 

Section 4:  The date of the Local Union elections for Local Union Officers and Unit positions must be advertised among members at least fifteen (15) days previous to the date of the election by mailing notices of the date, place and hours of the election to each member in good standing at the members last known home address.  The notice must also specify the Local Union offices and Unit positions to be filed.(8)   Nominations

for Local Union Offices shall be made at the immediately preceding Local Union meeting.  However, when an Amalgamated Local Union holds two meetings in each month, nominations may be made at the last meeting in the month preceding the month in which the election is held.  Nominations for the Unit positions named in Section 1 (b) of this Article shall be made at the immediately preceding meeting of each Unit unless some other date, time and place is selected by the Local Union Officers in consultation with the Unit officials.  Notice of the nominations meeting for Unit offices shall be given to the membership at least one (1) week in advance of the meeting.

 

Section 5:  No member shall be eligible for election as a Local Union Officer in any regular election or election to fill a vacancy unless:

(a)  The member shall have been in continuous good standing for a period of twenty-four (24) months immediately preceding the month in which the election is held (9) ; and

 

(b) The member is employed in an enterprise, public or private, or other place within the jurisdiction of the Local Union; and:

 

(c)  (Exempt from meeting requirements provided per Merger Agreement):  The member shall have attended at least one-third (⅓) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the election is to be held.

 

Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the

United States or Canada, sickness which confines, death in the immediate family or jury duty, shall not be counted as meetings held in determining such member’s eligibility under this Section, provided that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union Elections Manual.(10)  

 

Section 6:  No member shall be eligible for election to a Unit position in any regular election or election to fill a vacancy unless:

 

 (b) The member is employed in an enterprise, public or private, or other place within the jurisdiction of the Local Union; and:

 

(c) (Exempt from meeting requirements per Merger Agreement):  The member shall have attended at least one-third (⅓) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the election is to be held.

 

Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family or jury duty, shall not be counted as meetings held in determining such members eligibility under this Section, provided that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union

Elections Manual.(10)

 

Section 7:  Unless provided for under the USWA/PACE Merger Agreement, Local Union and Unit elections shall be conducted in accordance with the provisions of the Local Union Elections Manual adopted by the International Union.

 

 

                      

                                                             ARTICLE V

                           DUTIES OF OFFICERS AND UNIT POSITION

 

Section 1 Duties of the President:

 

(a) The President shall preside at all meetings of the Local Union and preserve order and shall decide all questions of order, subject to an appeal to the Local Union.  The President shall have the right to vote at all elections of Officers, and when the members are equally divided on other questions, shall have the deciding vote.

 

(b) The President shall call special meetings by request of ten members in good standing of the Local Union.  This request shall be in writing, shall state clearly the purpose of the meeting and shall be signed by those making such request.  Notice of all special meetings must be given to the members of the Local Union by bulletin board posting or other reasonable Means.  The business of the special meeting shall be

confined to the subject for which that meeting was called, and the meeting shall be conducted in accordance with the same procedures as govern regular meetings.  The above provision concerning the holding of a special meeting does not require the Chair at such meetings to entertain a motion to vote on a matter which was acted upon after notice at a previous meeting.

In the absence of a provision of the International Constitution or the Amalgamated Local Union By-Laws specifying the method of voting at such meeting the membership in attendance at such meeting shall determine the method of voting.

 

 (c) The President shall enforce the provisions of the International Constitution and of these By-Laws and the policies and Manuals of the International Union, and shall appoint all committees not otherwise provided for and be ex-officio members of all committees and standing delegate at all conventions.  The President shall perform such other duties as the Local Union may assign.

 

(d) (1)  In the event that a vacancy occurs in the office of Vice-President, Recording Secretary, Financial Corresponding-Secretary, Sergeant of Arms, or Trustee at any time during the term of office, the remaining Local Union Officers shall, by majority vote, select a successor to serve for the remainder of that term.

 

(d) (2)  The Local Union Officers may, at their discretion, hold an election to seek the guidance of the membership before selecting a successor to fill a vacancy in any of the offices described in d (1).  When this option is used, the President shall appoint a member of the Local Union to fill the vacancy until such election can be completed and a successor appointed to fill the vacancy.  The President shall call for a special election as promptly as possible but such election shall not be held later than two (2) months following the occurrence of the vacancy.  The date of the special election shall be advertised among the members at least one (1) week prior to that date.  Nominations shall be made at the immediately preceding meeting, the date of which shall also be advertised in advance among the members at least (1) one week prior to that date.

 

(d)(3)  Wherever a Local Union Officer (except President) because of receipt of an extended vacation benefit or otherwise, will be unable to serve during an extended temporary period, a temporary replacement will be designated as provided in sub-paragraph (d)(5) of this section.  The temporary replacement shall carry out all of the duties of the office or post during such temporary period.

 

(d)(4)  When the temporary vacancy is in the office of the Local Union President, the Vice-President shall assume the duties of the President including the authority to be one of the signatures to checks and shall be known as “Temporary Acting President”.

When the temporary period has ended, the “Temporary Acting President” shall revert to the position of Vice-President.

 

(d)(5)  When the temporary vacancy is in a Local Union Office (other than President) the Local Union Officers shall, by majority vote, select a “Temporary Acting” replacement.  Temporary Acting Financial Corresponding-Secretary shall be authorized during the temporary period of their service to be signatories to checks.  A replacement shall serve only until the temporary period is ended.

 

(d)(6)  In the event of a vacancy among the officers none of the remaining Officers either alone or acting together may perform the functions of the vacant office but rather the vacancy must be filled in accordance with the provision set forth above.

 

 (d)(7)  In the event a vacancy (other than a temporary vacancy) occurs at any time in a Unit position, the remaining Union officials (not including Committeemen) together with the Local Union Officers, shall by majority vote, select a successor to serve the remainder of the term, provided however, that the member so selected shall be from among the members within the Unit in which the vacancy occurs.

 

(d)(8)  Where a temporary vacancy occurs in a Unit position, a “Temporary Acting” replacement shall be selected by majority vote by the Local Union Officers.

 

Section 2:  Duties of Vice President:  The Vice President shall assist the President in the discharge of the President’s duties and during the President’s absence shall perform the duties of the President.  The Vice President shall be ex officio member to all committees and standing delegate to all conventions.  The Vice President shall be a signatory to the Local’s checks.  In the event that a vacancy occurs in the office of President, the Vice President shall act as President for the unexpired term.

 

Section 3:  Duties of Recording Secretary:

(a)  The Recording Secretary shall record the proceedings of the Local Union in a book kept for that purpose, read all papers and perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the

International Union, and the Local Union. The Recording Secretary shall also have custody of the Local Union Seal, and shall be responsible for any misuse of same.

 

            (b)  The Recording Secretary shall read to the local Union communications which require attention.

 

            Section 4. Duties of Financial Corresponding-Secretary.

(a)               The Financial Corresponding Secretary shall receive all money due the Local Union and shall deposit all money belonging to the Local Union in a bank designated by it.  The Financial Corresponding Secretary shall keep accurately the accounts of the Local Union with its members, and shall at all times have the books open for examination by the Trustees, and perform such other duties as required by the International Constitution, these By-Laws, the various Manuals and policies of the International Union, and the Local Union.  The Financial Corresponding Secretary shall make out the various reports required by the International Secretary-Treasurer and forward such reports to the International Secretary Treasurer in accordance with instructions. 

(b)   The Financial Corresponding Secretary shall make a detailed financial report at least once each month at the Local Union Meeting covering the receipts and expenditures of all funds of the Local Union.  If the expenses of the Local Union exceed its current income or impair its reserves, the Financial Corresponding Secretary is obliged to call this fact to the attention of the Membership.

(c)    The Financial Corresponding Secretary books shall be subject at all times to audit by the International Secretary-Treasurer of the USW.

(d)   All money paid out by the Local Union from its treasury must be approved by the Members at the Local Union general Membership Meeting(s).  Under no circumstances shall Officers or members pay bills without authorization by the Local Union General Membership meeting, nor shall the members authorize payment of any bill or incur any obligation for which funds are unavailable, nor shall the Members authorize the payment of or incur a debt for any activity not in accordance with the Constitution and policies of the International Union and these By-Laws.  Bills charged to the Local Union shall be submitted to the Recording Secretary, who in turn shall submit them to the Local Union meeting for approval.

(e)    Recurring Standard bills (fixed salaries which have been previously authorized, taxes-local, state, and federal, rent, light, heat, ect) may be paid by the Financial Secretary-Treasurer on a single yearly authorization by the Local Union to pay such bills.

Under no circumstances shall any of the dues collected by the Local Union be spent before being sent to the International Secretary-Treasurer

 

Section 5:  Duties of the Sergeant of Arms: 

It shall be the duty of the Sergeant of Arms to see that all present are entitled to remain and to take charge of the door and see that no one enters who is not entitled to do so.

 

Section 6:  Duties of Trustees:  It shall be the duty of the Trustees to have charge of the hall and all property of the Local Union, subject to the direction of the Local Union.  They shall audit the books and financial records of the Local Union every three months and give a report of such audit at the next regular Local Union meeting(s).(11)   They shall perform such other duties as the Local Union may require.

 

Section 7:  Duties of Unit Positions: 

 

(a)    Unit Committeeman/Woman

 It shall be the duty of the Unit Committeeman to process complaints and grievances, within their respective Units and in accordance with the appropriate collective bargaining agreement and, consistent with these By-Laws and the Manual, policies and Constitution of the International Union to perform such other duties as the Unit or the Local Union may assign.

(b)    Environment, Safety & Health Representative

The ES&H representative represents the Local on incident investigation and issues regarding the environment, safety, and health.

 

Section 8: The Local Union shall enforce the International Constitution, the various International Manuals, and policies and these By-Laws, as affecting its membership. The Funds and property of the Local Union shall be managed, invested, expended or otherwise used to implement and carry out the objects, rights, activities and

responsibilities of the Local Union or the International Union and to administer the affairs of the Local Union in accordance with the Constitution, Manuals, and policies of the International Union and these By-Laws.

 

Section 9: It shall be the duty of the President, Financial Corresponding-Secretary and Vice President to insure that the funds and property of the Local Union are preserved, managed, invested and expended in accordance with the International Constitution, Manuals and policies and these By-Laws.

 

Section 10:  Contract negotiations will be conducted by the Local Union President, Vice President, and the unit Committeemen / women whose contract is being negotiated.

 

                            

ARTICLE VI

                                       COMPENSATION FOR SERVICE

 

Section 1: Beginning January 1, 2010, Allowances for Officers and Officials of this Local Union shall be as follows.

 

A.  President:                                                                         $500

B.  Vice President:                                                                 $350

C.  Financial Corresponding-Secretary:                             $350

D.  Committeeman:*

            USEC Lower Craft:                                                 $250

            USEC Maintenance:                                                 $250

            USEC Operations:                                                    $250

 

            Environment Remediation Committeeman (2)       $250

            Infrastructure Committeeman (1)                           $250

            DUF6 Committeeman (1)                                         $250

E.  Other officers and officials:

            Recording Secretary:                                                $70

            Sergeant of Arms:                                                     $70

            Trustees (3):                                                               $70

            ES&H                                                                         $70

            Benefits Reps:                                                            $70

 

F.    No allowance or reimbursement of lost time shall be issued without the proper voucher/form filled out with all necessary information needed for accounting and tax purposes.

 

G.  Unless they are excused, Officers and Officials are required to attend the Executive Board meeting and regular Membership meeting.  Officers of the Local Union shall attend all membership meetings if applicable.  They must be available to the membership and perform the duties of their position before their allowance is awarded.  Compensation shall not be paid in advance unless approved by the membership.

 

H.  Excused absence shall be defined as:  Sickness that confines, normal working hours, forced overtime, service in the armed forces, death in the immediate family, vacation, employer sponsored event, and other Union activities.

 

I.  No officer or official will receive more than one allowance listed above.

 

J.  Article V section 4e does not apply to allowances listed above.

 

Section 2.  All tax requirements in connection with the above payments shall be complied with.

 

Section 3.  Pursuant to voluntary authorization of dues deductions, the Financial Corresponding-Secretary shall be responsible for establishing a procedure to deduct from the Union pay of the Local Union Officers, Unit Officials, and/or representatives monthly dues which are not deducted by the company in any given month.

 

Section 4.  Local Union Assistant:  The Local Union Assistant shall be responsible for administrative duties including, answering the phone, data entry, accounting, mail, housekeeping of the office, and other duties requested by the Local President.  The Local Union Assistant will be subject to a probationary period, paid holiday’s, and vacation as dictated by the USEC contract.  His/Her salary will be the pay of USEC’s group 01 minus one (1) dollar per hour for (12) months, after which, the Local shall deposit said one (1) dollar per hour into an IRA in his/her name.  Hours of work shall be dictated by the Local President and shall be no less than (20) hours per week and no more than (35) hours per week without membership approval.

 

Section 5.  The Local Union shall reimburse members’ lost time for attending training sponsored by the International Union. 

 

Section 6.  Expenses incurred for official Local Union business travel shall be reasonable and will include transportation, hotel room, lost time, mileage, and a Meals and Incidental Expense allowance, if applicable.

a)      Travel expenses, for Local Union officers and officials, that qualify for reimbursement shall be; any travel that requires overnight stay, travel outside of the Purchase Area in Kentucky plus Massac County in Illinois, any pre-approved by the Membership.

b)      M&IE will be paid based on the GSA website according to location of travel.

c)      Lost time will be based on normal scheduled work hours, not paid by employer, times the applicable hourly rate.

d)       Mileage will be paid based on the IRS standard mileage rate.

 

Section 7.  Expenses incurred for official Local business travel to Washington, D.C. in support of Plant site legislative activities do not have to be pre-approved by the Membership but expenses shall be reasonable and are subject to review by the Membership.

 

Section 8.  The Local Union shall have an Executive Board consisting of the Local Union President, Vice President, Financial Secretary-Treasurer, Recording Secretary, Trustees, all unit Committeemen/women, and ES&H Representatives.

(a)                            The Local Union President shall serve as Chairman of the Executive Board.

(b)                            The Local Union Recording Secretary shall serve as Secretary of the Executive Board and be responsible for the official minutes.

(c)                             The official minutes of the Executive Board shall be open to the Membership at request.

(d)                            The Executive Board will meet once each month to discuss the welfare of the Local and make recommendations of motions or changes in policy of the Local.

(e)                             The Executive Board shall exercise general supervision over the Local’s business and affairs and shall present a report of its activities to each meeting of the Local for its approval.

(f)                             It shall be the duty of the Executive Board to cause the provisions of the International Constitution, and the By-Laws, rules, and regulations of this Local to be faithfully executed; and to preserve, promote, and safeguard the best interests and general welfare of this Local and its Members.

(g)                            Special meetings of the Executive Board may be called anytime by the President or by a majority of its members with no less than a 24 hour verbal or written notice to its members of the time and place of the meeting and of the business to be transacted at the meeting.

(h)                            A majority of the members of the Executive Board shall constitute a quorum for the transaction of business.

(i)                              The Executive Board shall have authority to act for the membership between meetings on emergency action that cannot wait until the next regular meeting.

 

 

 

*Committeeman’s compensation will be reduced to $150 if the representative group is less than 15 members.

 

 

 

                                                         ARTICLE VII

                                                           MEETINGS

 

Section 1: The Local Union shall hold a general membership meeting at least once a month, except that a Local Union may, with the approval of the membership, and the District Director, hold meetings, less often, but in no event less than quarterly.

 

Section 2:  The regular Membership meeting(s) shall be the second Tuesday of each month.

 

Section 3:  Each unit of this Amalgamated Local Union may hold regularly scheduled membership meetings.

 

Section 4: Any officer of this Local Union and any Officer or authorized representative of the International Union may attend to report to any Unit meeting.

 

Section 5:  The rules of order not specifically covered by the By-Laws or the International Constitution shall be in accordance with Robert’s Rules of Orders.

 

 

 

          ARTICLE VIII

                                                         MEMBERSHIP

 

 

Section 1:  No applicant for membership shall be regarded as being a member in good standing until the full amount of initiation fee has been paid.(14)

 

Section 2:  A member shall pay dues promptly commencing with the month during which the member shall have been admitted, and shall continue to pay all

dues, assessments and fines or other obligations promptly when due in order to be and remain in good standing.(14)

 

Section 3:  A member who has not lost good standing under other provisions of the International Constitution shall be in good standing if not more than three (3) months in arrears in any constitutional obligations except in respect to assessments on which the

member shall be more than one (1) month in arrears.

 

Section 4.  Members who lose good standing shall Stand automatically expelled and devoid of all membership rights.(15)

 

Section 5.  Any member who retains employee status in a bargaining unit represented by the International Union, but who because of lay-off has not, for twenty-

four (24) continuous months, performed at least (5) days’ work in any month in such bargaining unit shall be deemed not in good standing (but not expelled) and devoid of all membership rights until such time as the member is recalled or obtains employment in a bargaining unit represented by the International Union and resumes payment of current dues, at which time the member shall automatically be restored to good standing.  No Local Union Officer shall lose good standing under this Section for the remainder of the

term in office.

 

Section 6.  A member not in good standing shall not be permitted to vote, nominate for office, hold office, or be a candidate for office.

 

Section 7.  A member whose membership is terminated shall have no right or interest in any property of the Local Union or of the International Union, including

any dues, assessments or other financial obligations paid by such member in advance of the effective date of such termination.

 

                  

                                                            ARTICLE IX

                                                            DISCIPLINE

Section 1:  Any member may be penalized for committing any one or more of the following offenses: 

(a) violation of any of the provisions of the International Constitution or of these By-Laws, any collective bargaining agreement or rule of the Local Union; (b) obtaining membership through fraudulent means or by misrepresentation; (c) instituting or urging or advocating that a member of any Local Union institute action outside the Union against the International Union, Local Union, or any of their Officers without first exhausting all remedies through the forms of appeal of the International Union; (d) advocating or attempting to bring about the withdrawal from the International Union of any Local Union or any member or group of members; (e) publishing or circulating

among the membership false reports or misrepresentations;(16)  (f) working in the interest of or accepting membership in any organization dual to the International Union;

 

 (g) slandering or willfully wronging a member of the International Union 16)  (h) using abusive language or disturbing the peace or harmony of any meeting in or around any office or meeting place of the International Union; (i) fraudulently receiving any

money due the organization or misappropriating the monies of the organization; (j) using the name of the Local Union or the International Union for soliciting funds, advertising, etc., of any kind, without the consent of the appropriate body or Officer of the

International Union: (k) furnishing a complete or partial list of the membership of the International Union or any of the Local Union to any person or persons other than those whose official position entitles them to have such a list: (l) deliberately interfering with any official of the International Union in the discharge of that officials duties: (m) deliberately engaging in conduct in violation of the responsibility of members toward the

organization as an institution and (n) deliberately interfering with the performance of the organizations legal or contractual obligations.

 

Section 2:  It is an offense under the constitution to harass a member at a Union or workplace- related location of activity on the basis of race, creed, color, sex, sexual orientation, age, disability, nationality or other legally protected status.

 

Section 3:  Any member convicted of any one or more of the above offenses may be denied the right to be a candidate for or hold office or position in the Union, declared a member not in good standing, fined, or otherwise appropriately disciplined.

 

Section 4:  If any officer of the Local Union, Unit official or delegate to an International Convention is convicted of any one or more of the aforementioned

offenses, such person may be penalized as herein before described, and removed from office or position.

 

                       

           ARTICLE X

                                        TRIALS OF MEMBERS & LOCAL

                                                   UNION OFFICERS (17)

 

Section 1:  Any charges against a member or Officer of the Local Union must be made in writing, signed by the member making the charges, and must be submitted

to the Local Union.  Upon submission of the charges, the Recording Secretary shall send a copy by certified or registered mail to the accused member at the member’s last known address. The charges shall be sufficiently specific so as to enable the accused to prepare a defense.  This means that the charges should indicate both the provision(s) of the Constitution or the Union’s rules allegedly violated and also a brief statement of the facts (names, dates, places) constituting that violation.  If there is more than one charging party, they must designate a person to be responsible for receiving and filing documents related to the charges.  Where the charges fail to designate such person, then the first charging member named in the charge shall be considered the representative of the others.

 

Section 2:  Charges must be submitted within sixty (60) days of the time the complainant becomes aware of the alleged charges.

 

Section 3:  A separate Trial Committee composed of __5__(18) members shall be appointed subject to the approval of the Local Union membership  for each individual trial, and shall be given the responsibility of conducting

such trials provided that in the case of multiple related charges the same Trial Committee may be appointed to try all charges and may consolidate them into one hearing.  Neither the accuser nor the accused shall be eligible for membership on the Trial Committee.(20)  No one shall be eligible to serve as a member of the Trial Committee who is a witness to the facts alleged to constitute a violation or who has personal interest in the outcome of the Trial. The Local Union action approving the appointment of the Trial Committee shall take place at the first meeting after the Local Union receives the charges unless the charges are received by the Local Union within five (5)days before the meeting, in which event the Local Union action shall take place at the meeting following the first meeting after the Local Union receives the charges.

 

Section 4:  Immediately after the Trial Committee has been selected by the Local Union, pursuant to Section 3 of this Article, the Recording Secretary of the Local Union shall send by certified mail or registered mail to the accused member at the members last

known address, written notice of the time and place when the hearing will be held before the Trial Committee, a copy of such written notification of time and place shall also be sent to the member preferring the charges and the accused member shall appear

before the Trial Committee on said charges.  A copy of the charges and notice of hearing shall also be sent to the International Secretary-Treasurer of the International Union by the Recording Secretary.

 

Section 5:  The hearing shall be held no sooner than two (2) weeks and no later than four (4) weeks from the date of the mailing of the notice and the charges to

the accused member.

 

Section 6:  Every effort shall be made to schedule the Trial so that it does not conflict with the working schedules of the parties. The hearing shall be conducted

by the Trial Committee in an orderly manner and shall assure the full presentation to the Committee of all of the facts.  The accused shall be entitled to be present at all times during the hearing, investigation or argument of the case and shall be entitled to question

all witnesses appearing in the matter so long as the questioning does not become insulting, unduly, argumentative or repetitious.  In the event that the accused fails to appear at the hearing at the time and place provided in the notice and presents no reasonable excuse for absence, the hearing shall proceed with the same force and effect as if the accused were present.

 

Section 7:  At any time during the processing of charges alleging a serious violation by a Local Union Official of Section 2 of Article IX, the International

President may, upon written request (sent by certified mail, overnight courier or other means providing proof of receipt) and where supported by preliminary investigation conducted on behalf of the International President, summarily remove such Local Union Official from office during all or a portion of the time necessary to process the charge.                          

 

Section 8:  The Trial Committee shall record minutes of its meetings and proceedings and these minutes, together with any documents submitted, shall constitute the official record of the Trial Committee.

 

Section 9: A member placed on trial shall be permitted representation by a representative of the members own choice, who shall be a member of the

International Union: such representative, however, shall be required to abide by the trial procedure as established by the Trial Committee and as provided in these By-Laws.  The same procedure shall be available to the person filing the charges.

 

Section 10:  The Trial Committee, upon completion of the hearing upon the evidence and argument, shall go into closed session to determine the verdict and

penalty.  The Trial Committee shall prepare a report in writing, stating the facts briefly as it found them, and its conclusions and recommendations.  A majority vote of the members of the Trial Committee shall be required to find the accused guilty.

 

Section 11:  In case the accused is found guilty, the Trial Committee may recommend that the accused by reprimanded; assessed a fine; assessed a fine with

automatic suspension and removal from office or position or expulsion in the event of the failure of the accused to pay the fine within a specified time; suspended or removed from office or position in the Local Union, or suspended or expelled from membership in International Union; or otherwise appropriately disciplined.

 

            Section 12: The Trial Committee shall submit its written report within two (2) weeks following the completion of the hearing. At the same time a copy of the report shall be mailed to the International Secretary-Treasurer of the International Union and to the accused and the accuser by the Trial Committee.

 

            Section 13:  The Local Union officers may convene a special meeting of the membership to consider the report of the Trial Committee. In such event the notice of the membership meeting shall inform the members that the report of the Trial Committee will be presented at such meeting. Notice of such special meeting must also be given to the accused member(s) and accuser(s).

 

            Section 14: In the event the report of the Trial Committee is to be presented to the next regular membership meeting of the Local union, the membership must be advised by special notice that the report of the Trial Committee will be considered at such regular meeting.

 

            Section 15:  The meeting at which the report of the Trial Committee shall be considered shall not be held earlier than one week or later than four weeks following the submission of the report of the Trial Committee to the Local Union.

 

 

            Section 16:  At the meeting of the Local Union, the Trial Committee shall present its written report. The report of the Trial Committee shall become effective only upon approval by a majority vote of members present at the Local Union meeting. The Local Union meeting may approve or reject the report of the Trial Committee, modify the report in any respect, or order a new trial.

 

            Section 17:  The accused member shall be afforded full opportunity to present to the Local union meeting the accused member’s position on all matters bearing upon the trial and the report of the Trial Committee.

 

            Section 18:  A report of the local union’s decision shall be forwarded immediately to the international Secretary-Treasurer of the International Union by the Recording Secretary.

 

            Section 19:  A copy of the decision of the Local Union shall be forwarded by the Recording Secretary using certified or registered mail to the accused member and to the person who originally filed the charges. The accused or the accuser may appeal from the decision of the local Union to the International Executive Board and thereafter to the next regular International Convention, provided that such person files notice of the appeal with the International Secretary-Treasurer within thirty days after the mailing of the notice of the decision of the Local Union or to the International Executive Board from which the appeal is taken. On appeals, the International Executive Board or such body as it designates – either itself or through a Commission or other mechanism – affords all parties the opportunity to present all arguments and facts whether or not presented in the proceedings at the Local Union level. Decisions on such appeals are based on the evidence presented in the appeal. The International Executive Board shall not, in making its decision, be limited to the arguments or testimony presented at the earlier stages in the proceedings and shall be permitted to cure by its appeal proceedings procedural defects which may have occurred at earlier stages in the proceedings.

 

            Section 20:  The decisions of the Local Union and of the International Executive Board shall be given full force and effect unless a stay of thereof is obtained from the International Executive Board.

 

            Section 21:  It shall be the duty of a member to exhaust all internal remedies and appeals provided under the Constitution and policies of the International Union and these By-Laws.

 

 

                                                         ARTICLE XI

                          NOTIFICATION TO EMPLOYERS REGARDING

                                             STATUS OF MEMBERS

                                                                  

Section 1:  Whenever a member has lost good standing by virtue of having become in arrears in the payment of dues or initiation fees, and the Local Union desires to have such person discharged from employment in accordance with the provisions of the outstanding collective bargaining agreement with the employer, the Local Union shall communicate with the International Secretary-Treasurer, setting forth the facts.

 

Section 2:  The International Secretary-Treasurer will determine whether the employer should be notified that in accordance with the provisions of the contract the particular person must be discharged.  The Local Union shall refrain from communicating with the Employer until advised by the International Secretary-Treasurer as to the procedure to be followed on requesting the discharge.

 

                                  

                                                        ARTICLE XII

                                                          FINANCES

 

Section1:  Except for newly organized units, where initiation fees are waived pursuant to Article XIV, Section 2, of the International Constitution, the initiation fees shall be ten dollars ($10.00).(22)

 

Section 2:  Monthly dues for a member shall be an amount equal to 1.3% of said members’ total earnings during the month provided that monthly dues shall not be less than five dollars ($5.00) and provided further that monthly dues shall not be more than 2.5 times the member’s average hourly earnings. For lump sum payments, dues shall be calculated separately by applying the 1.3% to such payments.  The International Executive Board shall issue appropriate interpretive rulings.(23) Section 3:  The full amount of all dues and initiation fees and assessments collected by the Local Union

shall be deposited by the appropriate Officers of the Local Union in a bank account designated as a trust fund held for the International Union.  The Officers of the Local Union shall forward to the International fees and assessments collected by the Local Union.

 

Section 4:  Compulsory assessments may not be imposed by the Local Union unless approval has first been secured from the International Union and unless

agreed to by a two-thirds (2/3) majority vote of the membership of the Local Union, voting by secret ballot after prior notice to the membership.  At no time shall the

Local Union assessments exceed two dollars ($2.00) per member in one year. In addition, a Local Union which has removed the cap of 2.5 times the member’s average hourly earnings referred to in Section 2 of this Article may, with the approval of the International Secretary-Treasurer establish a supplemental local strike and defense fund to be financed by an increase in dues adopted by the Local Union, by secret ballot vote, which increase shall not exceed $3.50 per member per month.  Distribution from the local supplemental strike and defense fund shall be in accordance with the rules of the International Strike and Defense Fund and such additional rules as may be established by the International Secretary-Treasurer.

 

 

 

Section 5:  An individual member shall be entitled to exoneration from the payment of dues for any month for which the member has not become entitled to five (5) days” pay or its equivalent in wages and benefits in lieu of wages.  The International Executive Board shall adopt rules and regulations governing the implementation, application, and administration of this Section.

 

Section 6: In all cases, other than the one provided in Section 5 of this Article, where the Local Union desires exoneration from the payment of dues or initiation fees for certain of its members, the request for exoneration must be signed by the Local Union President, The Local Union Financial Secretary, and the Local Union Recording

Secretary, and approved by the District Director and the International Secretary-Treasurer.

 

Section 7:  When exoneration is granted, the request on the required report must be renewed each month.

 

Section 8:  The Local Union President, Financial Secretary, and Treasurer shall be bonded in amounts to be determined by the International Executive Board. Such bonds shall be obtained by the International Secretary-Treasurer.  Clerks employed by the Local

Union and handling finances in any way must be bonded by the Local Union through arrangement with the International Secretary-Treasurer.

 

Section 9: Effective January 1, 1999, an Organizing Fund has been created that will be funded and administrated as outlined in Article XIV, Section of the International Constitution.

 

                                                        ARTICLE XIII

                                  DELEGATES TO INTERNATIONAL

                                                       CONVENTION

 

Section 1: No member shall be eligible to be a delegate to an International Convention unless the member (a) is employed in an enterprise, public or private, or any other place within the jurisdiction of the International Union, or is one of the staff representatives of the International Union. (b) Shall have been in continuous good standing for a period of twenty-four (24) months, immediately preceding

the International Convention,(24)  and (c) has attended at least one-third (1/3) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the delegate election is to be held.

Meetings which a member was prevented from attending because of each member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such a member’s eligibility under this Section; provided that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union Elections Manual (25)

 

Section 2: Delegates to the International Convention must be elected at an official meeting of the Local Union or by referendum ballot election, after the Call for the International Convention is received and has been read to the Local Union.  The Recording Secretary shall issue a Notice, signed by both the Recording Secretary and the Local Union President, at least one week prior to such a meeting or election, stating that delegates are to be elected on a certain day.

 

Section 3. The Local Union may choose to have the Local Union President, if nominated at the official meeting, elected separately as a delegate by acclamation.  In such event, the President shall be a delegate, if approved by a majority of the members voting.  Otherwise, the delegates to be selected among the nominees must receive a plurality vote of the members voting.

 

                            

                                                           ARTICLE XIV

                              WORKERS COMPENSAION COMMITTEE

                                 SAFETY AND HEALTH COMMITTEE

                                        CIVIL RIGHTS COMMITTEE

                                             WOMENS COMMITTEE

                                   AND ORGANIZING COMMITTEE

 

Section 1: A Workers’ Compensation Committee and a Safety and Health Committee, under the direction of the International Union or its designated representative

shall be established in the Local Union.

 

Section 2: A Civil Rights Committee, (which may also be known as a Human Rights Committee), under the direction of the International Union, or its designated

representative, shall be established in the Local Union to implement our Union’s commitment to the protection and extension of civil and human rights and liberties. With respect to an Amalgamated Local Union, the Local Union President shall for each Unit, either appoint a Unit Representative to the Committee or cooperate with the Unit Chair to establish a Unit based Committee.

                          

Section 3:  To further our commitment to encourage activism, leadership development and greater understanding of gender issues in our Local Union with

female membership, a Women’s Committee, under the direction of the International Union or its designated representative, shall be established by such Local Unions.

 

Section 4:  An Organizing Committee under the direction of the International Union or its designated representatives shall be established in the Local Union to assist in

     

organizing unorganized workers in the geographic area in which the Local Union is situated.(26) In order to encourage the organization and affiliation of unorganized workers who may be placed within the jurisdiction of this Amalgamated Local Union, this

Amalgamated Local Union may engage in organizing activity upon the express authorization of the Director of the District in which this Local Union is situated and subject to such terms and conditions as the District Director and the International President may impost.

 

( Note:  The Local Union may amend its By-Laws by adding the following language:

“Subject to the approval of the District Director and The International President, a majority of the Local Union Officers may approve a person to a position in the Local Union known as Organizing Representative.  The Organizing Representatives shall be an employee of the Amalgamated Local Union and shall be responsible for organizing new Units into the Amalgamated Local Union in accordance with these By-Laws ; and to perform such other duties as the District Director may assign, and where consistent with these By-Laws, the Constitution , the policies of the International Union, or any assignments by the District Director, such other duties as the Local Union may assign.  The Organizing Representative shall not by virtue of that position be an Officer and shall not be responsible for setting policy for the Local Union in the capacity of Organizing Representative.  However, a duly elected Officer of the Local Union may serve as the Organizing Representative.”)

 

 

                                                          ARTICLE XV

                                         TRANSFER OF CERTIFICATES

Section 1:  The Local Union may issue to a member in good standing a “transfer request” transferring membership to another Local Union.  All transfer request forms must be obtained form the International Secretary-Treasurer by the Local Union Financial Secretary.

 

Section 2:  All members must immediately transfer to the Local Union having jurisdiction over the enterprise, public or private, at which they are employed.                                     

 

Section 3:  Transfer requests issued in violation of this Article shall be invalid.

 

                                

                     ARTICLE XVI

                                                             STRIKES

 

No strike shall be called without the approval of the International President.

 

                                                       

                       

                                                                   

 

 

 

                                                      ARTICLE XVII

                                 ORDER OF BUSINESS FOR LOCAL

                                               UNION MEETINGS

 

1.         Call meeting or order.

2.         Roll call of Officers – by Recording Secretary

3.         Reading of the minutes of the previous meeting (27)

4.         Reading of Communications

5.         Report of Officers

6.         Report of Organizer or International  Representative.

7.         Initiation of New Members

8.         Report of Special Committees.

9.         Reports of Standing (or Permanent) Committees.

10.       Unfinished Business (29)

11.        New Business (30)

12.       Good and Welfare (31)

            13.       Adjournment

 

 

                                                        ARTICLE XVIII

                                                     EFFECTIVE DATE

 

            Section 1:  The provisions of these By-Laws which conform, as required, with the provisions of the standard By-Laws approved by the International Union are automatically in full force and effect.  Any additions or amendments to additions to such standard By-Laws shall be in full force and effect after their adoption by vote at a regular meeting of the Local Union in accordance with the form and procedure provided for in Article XIX, and approved by the International Union.

 

            Section 2:  Notwithstanding anything to the contrary herein, these By-Laws and any additions or amendments to additions thereto shall be subject to, and shall not in any way be construed to supersede any of the provisions of the International  Constitution or

the Manuals and policies of the International Union.           

                                                        

                                                        ARTICLE XIX

                                    ADDITIONS AND AMENDMENTS

                                                        TO ADDITIONS

Additions and Amendments to additions may be made in the following manner:

 

            1.  Any addition or any amendment to an addition to the standard By-Laws approved by the International Union must be in the form of either a new Subsection under the proper Section, a new Section under the proper Article, or a new Article.

 

            2.  All additions and amendments to additions to the standard By-Laws must not conflict with such standard By-Laws and must be submitted to the International Union for approval.  Such additions shall become effective only after approval by the International Union.

 

            3.  Proposed additions or amendments to additions must be submitted in writing and read at two (2) consecutive Local Union meetings, and passed by a two thirds (2/3) majority vote of the membership present at the next regular meeting.  The subject matter of such additions or amendments to additions must be advertised to the membership through bulletin board or other medium prior to the meeting of which the vote thereon is to be taken.  Such additions or amendments to additions shall become effective only after approval by the International Union.

 

 

                                                            APPENDIX

                                    RESULUTION BY INTERNATIONAL

                                              EXECUTIVE BOARD

 

In order to further organizing activities in Canada, the following language is added to the By-Laws for Local Unions and shall be considered a part of the By-Laws of all Local Unions in Canada where provincial or federal law requires the Local Union to be the applicant for certification.

 

            Organizing Committee – In order to facilitate the recruiting and unionizing of workers in the Canadian provinces and in the federal jurisdiction, each Local Union, where provincial or federal law or the practice of any provincial labour board or court of the federal labour board requires the Local Union to be the applicant for certification, shall have an organizing committee consisting of the President, the Vice President, and a Staff Representative assigned to organizing.  This committee may authorize the filing of an application for certification with the applicable labour board or court on behalf of the Local Union may appoint the persons who are authorized to file and sign the application on behalf of the Local Union and may take any steps deemed appropriate to insure that the certification proceedings are successfully completed.  If necessary, the organizing committee may hold a meeting by conference call.

 

                                                                                         

 

 

 

 

 

 

 

                                                  

 Notes:

 

(3) As an alternative to the Officers set forth in Article IV, Section I Amalgamated Local Unions with a membership of one hundred (100) or less may adopt a By-Law provision providing only for the offices of President, Vice President, Recording Secretary, Financial Secretary, and

Treasurer, and the By-Laws shall provide how the duties of the offices of Guide, Guard and Trustees are to be allocated among these five (5) offices. In the alternative, an Amalgamated Local Union which has a membership of one hundred (100) or less may adopt a By-Laws provision which in addition to providing for the five (5) offices mentioned above, combines

the office of Guide and/or Guard with the office of Trustee. (4) While the International Constitution makes no provision for a Local Union Executive Board, an Amalgamated Local Union may establish an Executive Board, so long as such Executive Board is provided for in its

By-Laws.  The members of such an Executive Board must be persons elected to office or positions in the Local Union or Unit in accordance with the provision of the Local Union Election Manual.

 

(6) As explained on page 54 of the Local Union Elections Manual, Amalgamated Local Unions do not have a position of Local Union Grievance Committee Member.  Instead there are Unit Grievers. Notwithstanding the provisions of Article IV, Section 1(b), Amalgamated Local unions which have different practices with respect to Unit positions may continue such practices unless disapproved by the International Secretary-Treasurer, Amalgamated Local Unions, which in the future wish to deviate from the Unit Positions set forth in Article IV Section 1(b) may do so if approval is obtained from the International Secretary-Treasurer. (7) Amalgamated Local Unions may adopt a By-Law provision which makes the person elected President of the Local Union automatically by virtue of that office the Unit President of his/her Unit with person elected Unit

President of that Unit automatically considered the Unit Vice President with duties similar for the Unit to the duties of the Vice President of the Local. Amalgamated Local Unions may adopt a By-Law provision that allows Individual Units to combine the position of Unit President with the position Of Unit Griever.

 

(3) As an alternative to the 11 Officers set forth in Article IV, Section I Amalgamated Local Unions with a membership of one hundred (100) or less may adopt a By-Law provision providing only for the offices of President, Vice President, Recording Secretary, Financial Secretary, and

Treasurer, and the By-Laws shall provide how the duties of the offices of Guide, Guard and Trustees are to be allocated among these five (5) offices. In the alternative, an Amalgamated Local Union which has a membership of one hundred (100) or less may adopt a By-Laws provision which in addition to providing for the five (5) offices mentioned above, combines

the office of Guide and/or Guard with the office of Trustee. (4) While the International Constitution makes no provision for a Local Union Executive Board, an Amalgamated Local Union may establish an Executive Board, so long as such Executive Board is provided for in its

By-Laws.  The members of such an Executive Board must be persons elected to office or positions in the Local Union or Unit in accordance with the provision of the Local Union Election Manual.

 

(6) As explained on page 54 of the Local Union Elections Manual, Amalgamated Local Unions do not have a position of Local Union Grievance Committee Member.  Instead there are Unit Grievers. Notwithstanding the provisions of Article IV, Section 1(b), Amalgamated Local unions which have different practices with respect to Unit positions may continue such practices unless disapproved by the International Secretary-Treasurer, Amalgamated Local Unions, which in the future wish to deviate from the Unit Positions set forth in Article IV Section 1(b) may do so if approval is obtained from the International Secretary-Treasurer. (7) Amalgamated Local Unions may adopt a By-Law provision which makes the person elected President of the Local Union automatically by virtue of that office the Unit President of his/her Unit with person elected Unit

President of that Unit automatically considered the Unit Vice President with duties similar for the Unit to the duties of the Vice President of the Local. Amalgamated Local Unions may adopt a By-Law provision that allows Individual Units to combine the position of Unit President with the position of Unit Griever.

 

(8) The requirement of a 15-day mail notice of the election need not be applied in Canada provided other suitable notice of the election is given to the membership at least one week previous to the date of the election.

 

(9)  If the member’s Local Union or Unit has been in existence for a lesser period prior to the election, the member must have been in continuous good standing from the time the member joined such Local Union or Unit.

 

(10)  Because of the difficulty many months after the fact of verifying the validity of a claim that an individual missed a meeting because of “sickness which confines” the Local Union may wish to adopt the following additional provision: “Any member who claims inability to attend a Local Union meeting because of a sickness which confines must notify the Recording Secretary of the Local Union within one month of such meeting, other-

wise, the meeting will be counted as a meeting held in determining such member’s eligibility under this section.”

 

11)  The Trustees should give special attention when checking disbursements recorded by the Financial Secretary and Treasurer that proper authorizations or such payments have been entered by the Recording Secretary in the Minutes of the Local Union.               

                            

(12)  Insert in this section the amount of salaries and expenses.  Each Local Union is permitted to reimburse for expenses in accordance with its approved By-Laws but in no event in excess of the standards utilized by the International Union for reimbursement of its employees. Any Amalgamated Local Union By-Laws which has been approved by the

International Union but which reimburses in amounts in excess of those allowed by the International for its employees will be permitted to continue provided that such payments are lawful and provided further that no changes increasing such amounts will be approved while the By-Laws are in excess of the International reimbursement policy.                     

 

(13)  Insert in this Section the time of the regular monthly meeting (or meetings) of the Local Union and Unit (s).

                       

        

(14)  Please not e the provision in the Local Union Elections Manual which specifies that a recently hired employee who has signed and delivered to the company and/or local union a dues check-off and membership application card is considered to have satisfied the dues payment requirement for membership, even though the member’s first dues payment has not yet been deducted by the Company.                     

 

(15) Automatic expulsion for loss of good standing must be construed as being confined to situations wherein members have not paid their dues fixed in accordance with the International Constitution and all their assessments or other financial obligations which have been imposed by the International Union.  Failure to meet financial obligations which have not been imposed by the International Union may not result in automatic expulsion but must be treated on the same basis as a commission of any other type of an offense by a member of the Union as provided in Articles, XII, and XIII of the International Constitution and Articles IX and X of these By-Laws.

                                              

(16)  A resolution of the International Executive Board adopted on February

11, 1976, in accordance with applicable law restricts enforcement of this provision in the United States.

                              

(17) An August 11,1999 resolution of the International Executive Board prohibits the processing of charges instituted as a means of retaliating against a member for asserting rights under Civil Rights legislation in the United States and Human Rights legislation in Canada, regardless of whether such rights are asserted using the Union’s internal procedures, contractual provisions or external statutory procedures.

               

(18)  The number of members of the Trial Committee should be 3 or 5. (19)  Insert here “elected” or “appointed” subject to approval of the Local Union membership “depending on which method the Local Union prefers for designating the Trial Committee. (20) If the Local Union decides to have members of the Trial Committee appointed , the following  sentence should be added to this Section: “If the accused member or the accuser is an Officer of the Local Union, such person shall not participate in the designation of the membership of the Trial Committee.”

 

(21) Insert here “electing” or “approving the appointment of “depending on which method the Local Union prefers for designating the Trial Committee.  In the event the Local Union uses the “appointment subject to approval” method and the appointments of the Trial Committee are not approved, the Local Union members at the meeting shall approve alternate appointments or elect the Trial Committee.     

                         

(22) Local Unions which had a higher level of initiation fees at the time of the adoption of the International Constitution should insert the appropriate figures in this Section.                                                          

 

(23) Local Unions whose dues at the time of the adoption of the International constitution exceeded the amount provided for in Article XIV, Section 3 of the International Constitution, may maintain such differential.  In such cases, the dues shall be computed by adding such differential to the amount required by the applicable provisions of Article XIV of the International Constitution.  The amount of this differential should be listed in this Section.

 

 

 

(24) If the Local Union or Unit has been in existence for less than 24 months

prior to the International Convention, the member must have been in continuous good standing from the time that the member joined the Local Union.                                

 

(25) Because of the difficulty many months after the fact of verifying the validity of a claim that an individual missed a meeting because of “sickness which confines”, the Local Union may wish to adopt the following additional provision: “Any member who claims inability to attend a Local Union meeting because of a “sickness which confines”, must notify the Recording Secretary of the Local Union within one month of each meeting, otherwise

the meeting will be counted as a meeting held in determining such members eligibility under this section”.                           

 

(26) Broad participation by members from all segments of the Local Union should be sought for the committees established pursuant to Article XIV The Resolutions on Organizing Committees in Canada on Page 55 of these By-Laws shall continue in effect where applicable.

 

(27) After the minutes have been read by the Recording Secretary, a motion must be made and seconded that the minutes be “approved” (or adopted) as read.  Such a motion means that in the opinion of the members, the Secretary has recorded the minutes of the previous meeting correctly. Should the reading reveal any errors or omissions, a member may move

to correct the minutes.  If this motion is “carried, another motion should follow that the minutes  “as corrected” now be approved.  It is very important that brief, comprehensive minutes of each meeting be kept by the Recording Secretary.  These minutes are the official record of the business transacted by the Local Union meeting .  A regular book is provided by the International Union for this purpose and should always be  kept up to date.

 

(28) The Recording Secretary reads the letters which require attention.  Those that do not require much discussion may be dealt with immediately; others may be laid over to “New Business” or referred to a standing committee If o action is required or desired the communications may be read And upon a motion, filed.                         

           

(29) These matters are those remaining over from previous meetings.  They are usually recorded in the minutes of the previous meeting.  The Recording Secretary should inform the President of any unfinished business so it may be included in the order of business in this Section.

 

(30) These are matters which have been laid aside earlier in the meeting or which have come up since the last meeting.

 

(31) All miscellaneous matters for the good of the Union which should be brought to the attention of the meeting should come to the floor at this time.  These matters usually do not require any action by the meeting. They are simply matters of information and education.