|
|
|
|
CONSTITUTION ARTICLE I NAME,
AFFILIATION AND JURISDICTION This Organization shall be
known as INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, Local Union No. 34.
This Local has been issued a charter by the INTERNATIONAL UNION OF ELEVATOR
CONSTRUCTORS and is subject to the Constitution, By- Laws, Rules, Regulations
and Practices of the INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS. ARTICLE II OBJECTS The objects of this Union
shall be to encourage a higher standard of skill among its members, to
cultivate a feeling of friendship among the craft, to obtain and maintain a
fair standard of wages, to assist each other in securing employment, to
protect the jurisdiction of the craft, to engage in cultural, civic,
legislative, fraternal, educational, charitable, welfare, social and other
activities which further the interests, directly or indirectly, of this
organization and its membership, and to use all legal and appropriate means
for the accomplishment of the foregoing objects. ARTICLE
III MEETINGS
Section
1. The regular meeting of this Local shall be held on the Third Tuesday of
each month, at 5:30 P.M., at such place as shall have been selected by the
Local. No notice of regular meeting shall be required. Quarterly Union
Meetings shall be those Regular Union Meetings held in the months of March,
June, September and December. Section
2. At the direction of the Executive Board or upon written request of not less
than five (5) members, the President shall call a special meeting of the Local
upon reasonable written notice to the membership. The notice shall specify the
business to be brought before such meeting and only the business so specified
shall be considered at the meeting. Section
3. A quorum for the purpose of transacting business by the Local shall consist
of not less than fifteen (15) members present in person at any regular or
special meeting. No action of any meeting shall be invalid for lack of a
quorum unless the question of lack of a quorum was raised before such action
was taken. A regular meeting may transact any and all business coming before
it without prior notice except as otherwise specifically provided in these
By-Laws. All decisions of a Local meeting shall be a majority of members
voting, unless otherwise specifically provided by the By-Laws.
Section 4. The presiding officer, has the duty of properly conducting the meeting and may discipline members who obstruct or interfere with the orderly conduct of the meeting. No member shall attend a meeting under the influence of drugs or alcohol nor conduct himself while at the meeting in such a manner as to interfere with the proper and orderly conduct of the business of the Local. Members must comply with and obey all requests or orders by the presiding officer pertaining to the conduct of the meeting and at no time use vulgar or profane language or make any slanderous statements or accusations toward any member or officer of the Local or of the International Union. Any member entering the meeting, who in the opinion of the chairperson, is in a state of intoxication or under the influence of drugs, shall be ejected . Any member who uses profane or unbecoming language during the meeting shall be admonished by the chair, and if the member shall again offend, the person shall be excluded from the room.
Section
5. Unless otherwise provided, either by the laws, practices, or by vote
adopted by this Local, Roberts Rules of Order shall be the guide and authority
for the method of conducting the affairs of the Local at its meetings.
Section 6. The order of business to be followed at a regular meeting shall be the following: 1.
Call the meeting to order. 2.
Warden takes charge of the doors. 3
. Roll call of officers. 4.
Initiation of New Members. 5
. Receipts and Expenses. 6.
Reading of minutes. 7.
Propositions for membership. 8.
Communications, bills and action thereon. 9.
Unfinished business. 10.
Appropriations. 11.
New business and Good of the Order. 12.
Report of Officers. 13.
Report of delegates and committees. 14.
Report of accidents, sickness or death. 15.
Nominations, election and installation of Officers. 16.
Suspension and Preclusion of members. 17.
Roll call of members. 18.
Adjournment. ARTICLE IV
OFFICERS
Section
1. The Officers of this Local consist of a President, Vice-President,
Recording Secretary, Financial Secretary, Treasurer, Business Representative,
three (3) Trustees, Warden, Correspondent to the Journal, and an Executive
Board that shall consist of the President of the Local, the Recording
Secretary of the Local, the Treasurer of the Local and six (6) additional
members. These officers shall be elected in accordance with the provisions of
Article XI. In order to hold any of the above offices, it is necessary to be a
member in "good standing" of this Local for at least two years.
Except for the office of correspondent to the Journal, no member shall hold
more than one (1) office concurrently. Section
2. Officers shall serve for a term of three (3) years. Beginning in 1998, and
every third year thereafter, nominations and elections shall be held for the
following offices: President, Warden, one (1) Trustee, and two (2) Executive
Board members. Beginning in 1999, and every third year thereafter, nominations
and elections shall be held for the following offices: Business
Representative, Treasurer, Vice-President, one (1) Trustee, and two (2)
Executive Board members. Beginning in 2000, and every third year thereafter,
nominations and elections shall be held for the following offices: Financial
Secretary, Recording Secretary, correspondent to the Journal, one (1) Trustee
and two (2) Executive Board members. Section
3. No member may hold office in violation of the provisions of the
Labor-Management Reporting and Disclosure Act of 1959 relating to Communist
membership and the commission of felonies. Section
4. All Officers of the Local must, as a condition of holding office, execute
all necessary forms required by law to be filed with any State or Federal
agency, either for or on behalf of the Local, or as an Officer or Employee
thereof. Section
5. No Officer or Member shall be empowered to contract any indebtedness unless
ordered by the Local.
ARTICLE V
DUTIES
OF OFFICERS
Section
1. President: It shall be the duty of the President to preside at all regular
meetings of the Local according to parliamentary rules. The President shall
examine and sign all official documents requiring a signature, exert a general
supervision over the interest of the Local and perform such duties as are
generally required of a presiding Officer. The President shall not be allowed
to vote on any questions unless the vote shall result in a tie; in such case,
that vote shall decide. The President shall not be allowed to make any motion
whatever. The President shall appoint all committees, unless directed
otherwise by the Local. The President shall impose impartially all fines and
penalties on Officers and Members to which they may become liable for
dereliction of duty, or for violation of any of the rules and regulations. The
President of the Local Union, by virtue of his/her election to the office of
President, shall constitute election as a delegate to the Central body and the
Building and Construction Trades Council. The President, by virtue of the
office, shall also be a member of the Executive Board. Section
2. Vice-President: It shall be the duty of the Vice- President to assist the
President in conducting the meetings of the Local. In the absence of the
President, the Vice -President shall in every respect, discharge the duties of
the President. Section
3. Recording Secretary: It shall be the duty of the Recording Secretary to
keep a correct account of all the proceedings of the Local, and submit his/her
accounts to the Trustees for examination quarterly, or whenever the Local may
direct. The Recording Secretary shall record the reports of all committees;
furnish the Financial Secretary with a list of all indebtedness declared by
the President against Members. The Recording Secretary shall conduct all
correspondence of the Local not otherwise provided for and shall be held
responsible for their safekeeping and prompt delivery to his/her successor in
office. The Recording Secretary shall draw all orders on the Treasurer passed
by the Local, and endorsed by the President and Trustees, attesting the same
by his/her signature. The Recording Secretary shall read all documents and
correspondence to the Local. The Recording Secretary shall have charge of the
seals of the Local and attach the same to all documents requiring
authentication. It shall also be required of
The Recording Secretary, at the expiration of his/her term of office,
or when called upon by the Local to deliver to his/her successor in office, or
the Board of Trustees, all property in his/her possession belonging to the
Local. The Recording Secretary, by virtue of the office, shall also be a
member of the Executive Board. Section
4. Business Representative: The Business Representative shall have charge of
the business affairs of the Local between meetings. The Business
Representative shall have the names and addresses of the Executive Board. In
case of any trouble arising between meetings, where assistance may be
required, the Business Representative may
call on the Executive Board to settle the matter. The Business Representative
shall make a report at each meeting of the number of members out of
employment and the names taken in regular order and checked off in regular
order as they go to work. The Business Representative shall state the
condition of the trade and any other matter that is of interest to the Local.
The Business Representative shall visit every job as often as possible. He/she
shall perform such other duties as the Local may direct, or the Constitution
and By-Laws may call for. The Business Representative of the Local Union by
virtue of his/her election to the office of Business Representative shall
constitute his/her election as a delegate to the Central Body and the Building
and Construction Trades Council and the International
Union Convention. The Business Representative's salary shall be
calculated as forty-five (45) hours worked per week at the Master Agreement
Mechanics wage rate. The Business Representative shall be entitled to four (4)
weeks of paid vacation per year and the same paid holidays as designated in
the Master Agreement.
Section
5. Financial Secretary: It shall be the duty of the Financial Secretary to
keep a correct account of each member's indebtedness and to receive all monies
due to the Local, giving a receipt for the same. The Financial Secretary shall
report to the Recording Secretary at each regular meeting the amount of
his/her receipts and from whom, and at the close of each meeting, shall turn
over all monies received to the Treasurer. The Treasurer's receipt shall be a
sufficient voucher for all monies received. The Financial Secretary
shall submit the books for examination quarterly or when the Local may
direct. The Financial Secretary shall
read at the second meeting in the quarter, the names of members who may be in
arrears for dues, fines or other property and shall furnish the Recording
Secretary with a list of such delinquents. At the last meeting of each
quarter, he/she shall present a balance sheet showing each members account.
The Financial Secretary shall issue no cards until members are fully paid up.
At the expiration of his/her term of office, shall deliver to his/her
successor in office or to the Board of Trustees, all property of the Local in
his/her possession.
Section 6. Treasurer: It shall be the duty of The Treasurer to receive all money due the Local from the Financial Secretary giving his/her receipt for the same. The Treasurer shall pay all orders for bills which have been legally contracted and passed for payment by the Local, endorsed by the President, Recording Secretary and Trustees and keep a correct account of the receipts and disbursements. The Treasurer shall report at the quarterly meeting to the Local, the amount of disbursements and funds on hand. The Treasurer shall submit his/her accounts to the Trustees for examination quarterly or when the local may direct. When duly called upon he/she shall deliver all books and papers to the Local, or to his/her successor in office. All monies exceeding twenty thousand dollars ($20,000.00) shall be invested by the Treasurer in savings accounts, in the name of the Local Union, in Government Bonds, or other legal investments as authorized by the Local Union. The Treasurer, by virtue of the Office, shall also be a member of the Executive Board. Section
7. Warden: The Warden shall examine all persons present at the meeting and
report to the President all those without a paid up card. The Warden shall
obtain the names of all candidates awaiting initiation and report the same to
the President. The Warden shall have charge of the door at all meetings and
see that no one but members or authorized guests shall enter. The Warden shall
be furnished with an assistant when necessary.
Section 8. Trustees: The Trustees shall have supervision of all funds and property (except as herein provided). It shall be their duty to see that The Treasurer deposits all money in such banks as the Local may direct. The Trustees shall meet at 5:30 p.m. on the 2nd Tuesday of the month prior to the regularly scheduled quarterly union meeting, and at 5:30 p.m. on the 3rd Tuesday of each month or immediately following the membership meeting, at such place as shall have been selected by the local. The Trustees shall audit the books and accounts of the Treasurer, Recording Secretary, Financial Secretary and Business Representative. A Trustee’s report shall be given at each quarterly membership meeting.
Section 9. Correspondent The Local shall elect a Correspondent to the Official Journal. The Correspondent’s duty shall be to correspond once a month, with the Assistant to the General President on such matters that are submitted to him/her by members of the Local, and other matters as he/she may deem of interest to the general membership.
Section 10. The Recording Secretary, Financial Secretary and Treasurer shall be compensated at Twelve (12) hours each at the master Agreement Mechanic wage rate every quarter for their duties.
Section 11. The President shall be compensated at Six (6) hours at the Master Agreement Mechanic wage rate every quarter for his/her duties.
ARTICLE
VI EXECUTIVE
BOARD Section
1. The Executive Board shall consist of the President of the Local, the
Recording Secretary of the Local, the Treasurer of the Local and six (6) other
members of the Local; five (5) members shall constitute a quorum.
They shall elect their own Chairperson and Secretary from among their
own members. The Secretary shall
call all Special Meetings of the Board only when requested by either the
President, Business Representative or Chairperson of the Executive Board.
The regular meeting of the Executive board shall be held on the third
Tuesday of each month at 5:30 P.M. or immediately following the membership
meeting, at such place as shall have been selected by the Local.
No notice of regular meetings shall be required.
Section
2. The Executive Board shall
decide all grievances and appeals submitted to them in due form and their
decisions shall be binding until accepted by a majority vote of the members
present at the next quarterly union meeting.
The report and recommendations of the Board may be voted upon
separately if the Local so desires. Section
3. If at any time, the Executive Board shall determine a new law necessary to
govern the Local, it may submit an amendment to the constitution together with
its recommendation for adoption in accordance with the procedures of Article
XX. Section
4. No agreement shall be valid
between this Local and an outside organization, unless such agreement shall
have been submitted to and have received the endorsement of the Executive
Board and voted on by the Local. The
term “Agreement” as used in this Section does not include Collective
Bargaining Agreement. Section
5. All members present at
Executive board meetings must vote on every motion submitted; this must be a
recorded vote. Section
6. In the event of a strike or lockout the Executive Board shall constitute
the strike committee. The
Business Representative shall be the chairperson of this committee. Section
7. The Executive Board shall appoint a committee to negotiate all local
expense agreements. The committee shall consist of the Business Representative
and two (2) other members.
Section 8. The Executive Board along with the Business Representative shall constitute the Building Committee. The Business Representative shall be the chairperson of the Building Committee.
ARTICLE
VII COMMITTEES Section
1. All committees shall perform the duties assigned to them within the time
specified and shall give a report to the membership. No member shall be
excused from serving on a committee when called upon, unless excused by the
President, or he/she is already a member of some other committee. Section
2. Committees holding monies, the property of the Local, either as balance or
appropriation shall at the next regular meeting deliver the same into the
hands of the Financial Secretary, with all vouchers and accounts. In no case
shall a committee be discharged until all bills are paid. Section
3. The first person named on a committee shall act as Chairperson. Section
4. Any committee member who is absent for three (3) consecutive meetings shall
stand suspended from said committee. ARTICLE
VIII DELEGATES Section
1. All delegates to the Central Body, Labor Convention, and Building
Construction Trade Council shall be elected at the regular election in
accordance with Article XI, except as provided for in Article V Section
2. In addition to the Business Representative who, if a full time weekly
salaried Officer, is a delegate to the International Convention, by virtue of
election to Office, other delegates to the International Convention shall be
elected by the Local Union in accordance with the provisions of Article XI.
For the secret ballot election of such delegates, there must be written
notice of nomination and election meetings. ARTICLE IX SALARIES
AND REIMBURSEMENTS OF OFFICERS, COMMITTEES AND REPRESENTATIVES Section
1. The salaries of Officers shall be fixed by vote of the Local and no Officer
shall receive his/her salary unless a written report is furnished and said
report be audited and approved by the Local. Section
2. Officers and members performing Union Business shall be reimbursed for
carfare and expenses incurred and if compelled to lose regular time for said
duty, shall receive pay for the same from the Local. No committee, representative, officer or other member of the
Local shall receive more than his/her regular wages and then only upon a
written itemized report. ARTICLE
X VACANCIES
IN OFFICE Section
1. Temporary Vacancies in any office shall be filled at each meeting by
appointment by the President. Section
2. Permanent Vacancies caused by resignation, death, dismissal, removal from
office, or loss of membership, shall be filled by the Executive Board
appointing a successor to fill the unexpired term. The Executive Board shall
have the option to call for a special election to fill permanent vacancies of
offices Section
3. In the absence of the
President and Vice-President, the Recording Secretary shall call the Meeting
to Order and the Local shall elect a President Pro Tem. Section
4. If any Officer shall fail to discharge the duties of his/her office for
three (3) consecutive meetings, without satisfactory excuse, the President
shall declare his/her office vacant and the vacancy shall be filled as herein
provided. ARTICLE
XI NOMINATIONS,
ELECTION AND INSTALLATION
OF OFFICERS Section
1. The members shall be notified
of nomination and election of officers. At
least fifteen (15) days prior to the nomination meeting, the Recording
Secretary shall mail a Notice of Nomination and Election to the last known
address of all members in good standing, setting forth (1) the date, time and
place of the nomination meeting, (2) the offices to be filled, (3) the date,
time and place of the election, (4) the procedure for obtaining an absentee
ballot, (5) the date, time and place of a run-off election in the event a run
off election becomes necessary. Section
2. No member shall be
eligible for nomination who has not been a member in good standing for the two
(2) years previous the nominations, or who is not present at the nomination
meeting unless the sanction of the absent nominee has been given in writing
and signed by the nominee. Section
3. The election of Officers shall
be held at the December Quarterly Union Meeting or at another regular or
special meeting, held at least twenty-five (25) days after the nomination
meeting. Delegates to the International Convention and the Central Bodies
shall be elected under the provisions of this Article.
All members in good standing shall have the right to nominate and vote
in the election of Officers, Delegates to the International Convention and
Delegates to the Central Bodies. Section
4. The election of all Officers
shall be by the secret ballot system and the candidate for an office receiving
the greater number of votes shall be declared elected. Each member in good standing shall be entitled to one (1)
vote. There shall be no voting by
proxy nor shall there be write-in voting. Section
5. Upon completion of
nominations, the President shall appoint an Election Committee to conduct the
election composed of one (1) Judge and two (2) Tellers.
The Election Committee shall be provided with a list of all members in
good standing and it shall be the duty of the Election Committee to safeguard
the secrecy and honesty of the election, prepare, distribute and count the
ballots and announce the
results of the election with a signed Ballot Tally Certification statement.
After the ballots have been counted, the Judge shall enclose the
ballots in a sealed package and said package along with other records
pertaining to the election shall be delivered to the Recording Secretary or
other responsible Officer, who shall preserve them intact for a period of one
(1) year. Any candidates may have
an observer to the mailing of the Absentee Ballot Packets, at the polls, and
at the counting of the ballots. Section
6. Any member seeking to vote an
absentee ballot must make the request, in writing, to the Recording Secretary
and that written request will become a part of the election record.
The request for an absentee ballot must include (1) the member’s
name, (2) the request must be signed by the member, and (3) the address to
which the member desires the Absentee Ballot Packet be sent.
The written request must be received by the Recording Secretary at
least twenty-one (21) days prior to the date of the election.
No later than fourteen (14) days prior to the election, the Election
Committee shall send an Absentee Ballot Packet via first class US mail to
those members in good standing that made valid requests for an absentee
ballot. Each Absentee Ballot
Packet shall contain one (1) ballot, one (1) plain envelope, one (1)
pre-addressed envelope with first class US postage and one (1) set of
instructions for completing and returning the marked ballot. Section
7. When a member in good
standing, other than a member that properly requested and was sent an Absentee
Ballot Packet, desires to vote in person he/she shall receive a ballot at the
time and place indicated on the Notice of Nomination and Election.
Each member seeking to vote must present to the Election Committee
their dues card or other valid identification.
Each member in good standing shall sign for and receive one (1) ballot.
The member shall mark his/her ballot and then deposit the marked ballot
in the Ballot Box. Under no
circumstances shall a member leave the designated voting area after receiving
his/her ballot until he/she deposits the ballot in the Ballot Box.
After the election but prior to the counting of the ballots, all of the
sealed plain envelopes shall be removed from the Absentee Ballot pre-addressed
mailing envelopes. After removing
all of the sealed plain envelopes, the ballot shall be removed from each
sealed plain envelope and deposited into the Ballot Box.
The Election committee shall then count the ballots, prepare and sign a
Ballot Tally Certification and immediately announce the election results to
the membership. Absentee ballots
not received prior to the
designated time the election polls close, will not be counted.
Section
8. In cases of an election
complaint, the complaining member or candidate shall submit his/her complaint
in writing to the Recording Secretary within seventy-two (72) hours after the
election results have been announced and such complaint shall be heard and
determined promptly by the Local Executive Board.
A new election may be ordered only if it is determined that the matter
complained might reasonably have changed the result of the election. Section
9. The Installation of Officers
shall take place on the first meeting night following the Election.
In case an Officer does not appear for installation within three (3)
meetings after the Election, the Office shall be declared vacant. ARTICLE
XII PROPERTY Section
1. All Officers, at the
expiration of their term in office or when removed or when their office is
declared vacant, shall deliver to their successors, all books, papers, money
or other property in their possession and they shall not be relieved from
their obligations until this law is complied with.
Section
2. The funds or property of this
Local shall be used only for such purposes as are specified in the
Constitution and By-laws and as may be required to transact and properly
conduct it’s business, such as payment of salaries, purchasing of
stationery, books, cards, printing, payment of rent, or any other legally
authorized bill against the Local. Section 3. The funds of the Local Union can only be expended after a vote of the membership authorizing the expenditure, except as provided for in Article XII Section 8. After the membership has authorized the expenditure, an order must be drawn on the Treasurer, signed by the President or Recording Secretary, and two (20 Trustees.
Section
4. In voting on the expenditure
of Union funds, the Local is prohibited from, (1) directly or indirectly
making loans, donations, or gifts to Union Members or Officers, and (2)
directly or indirectly dividing any portion of the Union funds among the
membership; however, the Local Union is not prohibited from expending Union
funds to pay salaries and other legitimate expenses of Local Union members. (A)
Any expense(s) authorized to be reimbursed by the Local shall be paid by the
Recording Secretary and Treasurer, after a receipt, if applicable, along with
other information regarding date, nature and description of said expense(s)
has been submitted to the Recording Secretary and verified by the Trustees.
Only expense(s) submitted within ninety (90) calendar days of its
occurrence will be reimbursed. Section
5. No funds or property of this
Local shall be loaned, given or expended to promote, support, endorse, assist
or oppose, directly or indirectly, the candidacy of a member seeking or
retaining office in the International Union or any of its Local Unions, Joint
Boards or Subordinate Organizations. Section
6. No funds or property of this
Local shall be given away or expended to assist any seceding, dual, or
antagonistic organization, or any Local Union, Joint Board or Subordinate
Organization which is violating the Constitution of the International. The funds and property of this Local shall be used only to
effectuate the purpose and objects of the Local under and subject to the
provisions of the International Constitution. Section
7. Local Union funds derived from
any source shall be held in the home of the Local Union and shall not be
transferred or conveyed to any other person, body, committee or organization,
whether incorporated or unincorporated, except that Local Unions may establish
legal declarations of trust and appoint trustees to hold title to Real Estate
for the benefit of the Local Union.
Section 8. The Local Union shall have a Building Fund for the exclusive purpose of maintenance, repairs and upgrades and other expenses incurred as a result of all Real property owned by Local #34. The Building Fund shall be funded by any membership assessments directed to the Building Fund, and all rents, fees and other income derived from use of the real property owned by Local #34. The Building Committee shall have the authority to order expenditures from the Building Fund. After the Building Committee has authorized the expenditure, an order must by drawn on the Treasurer, signed by the President or Recording Secretary, and two (2) Trustees. The monies directed to the Building Fund may be commingled with the General Fund.
Section 9. A “Local 34 Political Fund” shall be funded by membership assessments. The membership shall have the authority to order expenditures from the Political Fund. After the membership has authorized the expenditure, an order must by drawn on the Treasurer, signed by the President or Recording Secretary, and two (2) Trustees. The Local 34 Political Fund shall only be used for political contributions in compliance with Indiana State Law.
ARTICLE
XIII DUES Section
1. The Initiation Fee for
membership in this Local shall be in accordance with the International
Constitution and By-Laws, payable in full on application.
Section 2. All members and probationary helpers shall pay monthly dues. Amount of member dues is to be Per Capita Tax, Local Per Capita Tax, Political Fund, Building Assessment, Convention Assessment, Journal Fee, Defense Fund plus three (3) times the hourly rate. This assessment will be adjusted each year, when the wage rate is established under article V of the Master Agreement. When thrice the hourly rate is below Fifty Cents ($.50) on the last dollar, it will be raised Fifty Cents ($.50). If thrice the hourly rate is over Fifty Cents ($.50), it will be raised to the next dollar. Member quarterly working card will be paid for in full, for all dues and assessments. Dues and assessments for quarterly working cards will be paid for only by the members personal check, money order or on line via Local 34’s web site. No second or third party checks will be accepted for dues and assessments, unless approved by the Financial Secretary. All dues and assessments; either mailed in or deposited in the Local 34 drop box, must be accompanied by a self-addressed stamped envelope. Members not having their dues paid by the first of the month following the Quarterly Union Meeting will be assessed Twenty-Five Dollars ($25.00). An additional twenty five dollars ($25.00) will be assessed and compounded for each consecutive late payment of dues and assessments. Late payment fees will not exceed one hundred dollars ($100.00) per quarter. Upon request, late payment fees can be appealed to the Executive Board. Should any check be returned to the Treasurer for insufficient funds or closed accounts, the member will be assessed Twenty-Five Dollars ($25.00).
Each member shall also be assessed each quarter for the purpose of a Defense
Fund. This fund shall be kept under a separate account from all other
money of the I.U.E.C. Local 34 and held in reserve for strikes, lockouts, or
pickets. All interest accruing to the Defense Fund shall be left on
deposit with the principle, and shall be considered as part of said fund.
Investments shall be limited to Treasury Bills, Certificates of Deposit and
Savings Accounts. A committee shall be created and called the "Defense
Fund Management Committee" and shall be made up of the Business Agent and
three (3) persons elected from the Executive Board. The Defense Fund
Management Committee shall administer all picket scheduling, payments and
record keeping. All monies shall be paid by check from the
separate Defense Fund account, and shall be recorded for future reference.
All incidental cost to operate the Defense Fund shall be paid out of the
Defense Fund by check and recorded. Proceeds of the fund shall be
accounted for in accordance with generally accepted accounting principles.
The Trustees shall make a annual report made to the Local within 90 days after
the close of the calendar year. In the first year of the contract each
member will be assessed five ($5.00) per quarter. In the second year of
the contract each member will be assessed ten ($10.00) per quarter. In
the third year of the contract each member will be assessed fifteen ($15.00)
per quarter. In the fourth year of the contract each member will be
assessed twenty ($20.00) per quarter. In the fifth year of the contract
each member will be assessed twenty-five ($25.00) per quarter. At the
beginning of the next contract this cycle will begin again starting at the
five ($5.00) per quarter level, unless a new committee is formed to re-examine
the level of assessments.
Section
3. Brothers and Sisters in
attendance of meeting can only pay one Brother’s/Sister’s dues, other than
his/her own, unless he/she returns to the end of the dues line. Section
4. After a resolution has been
introduced at a Quarterly Union Meeting of the Local to increase or change the
rate of dues, initiation fee or assessments, or to levy any additional
assessment, the resolution shall be held over at least one meeting for
consideration. The Recording
Secretary shall mail specific written notice to each member at his/her last
known home address at least fifteen (15) days prior to the next Regular
Meeting at which the membership will consider the question of whether or not
such dues or assessments shall be levied.
The notice shall indicate the proposed increase or changed assessment
to be voted on. A majority vote
by secret ballot of the members in good standing present and voting at such
meeting shall decide the issue. Section
5. Any member in the industry,
not deriving their full income from working with tools, shall pay dues in
accordance with Section 2 of this Article, except for State or City
Inspectors, who shall pay Per Capita Tax and Death Assessments. Section
6. Whenever a motion is made and
accepted at a Regular Meeting for expenditures of Union funds for a party,
picnic, golf outing or similar event, it shall be held on the table and voted
on at the next Quarterly Union Meeting. A
similar motion made at a Quarterly Union Meeting may be acted on without any
delay. Section
7. (A)
Any member who has been laid off, due to lack of work for longer than
thirty (30) days can appear before the Executive Board and ask the Executive
Board to remit his/her hourly rate assessments for a period not to exceed six
(6) months. (B)
Any member who is laid off due to lack of work, who returns to work and
works forty (40) hours or less in a thirty (30) day period, shall not have to
pay hourly rate assessments for one month.
Members will appear at the Executive Board Meeting to have the Executive Board
remit his/her hourly rate assessment. All
remittance of the hourly rate assessments will be adjusted quarterly. The Secretary of the Executive Board will notify the
Financial Secretary prior to the Quarterly Meeting of all actions taken of the
Executive Board pertaining to Section 7 of Article XIII.
ARTICLE
XIV BENEFITS Section
1. All members, except honorary
members, shall pay Death Assessments. Section
2. Attendance at funerals of a
Brother/sister is voluntary. Flowers
are to be sent only to the immediate family, which would include the spouse
and children, who had resided with the deceased member. Section
3. At the discretion of the
Local, any member in good standing who is sick for thirty (30) or more may
have his/her hourly rate assessment remitted.
Remittance shall be for one (1) month for each thirty (30) days off
sick.This remittance is to be limited to six (6) months period and then may be
renewed at the discretion of the Local. Section
4. Death assessments of Ten
Dollars ($10.00) are to be paid one (1) assessment in advance.
A Death Benefit shall be paid to the beneficiary of a deceased member
in good standing or deceased Honorary Member.
The amount of the Death Benefit shall be Ten Dollars ($10.00)
multiplied by the current number of members, excluding Honorary Members.
The beneficiary shall be the same as the beneficiary designated by the
member or honorary member with the National Elevator Industry Benefit Plans.
ARTICLE XV JOINT APPRENTICESHIP AND TRAINING COMMITTEE
Section 2.
Should a member
desire to change his/her class from a mechanic to helper, he/she must appear
before the Executive Board and give his/her reasons for asking for such a
change. Should the request be
granted by the Executive Board, the member must wait a period of one (1) year’s
time before he/she can again be advanced to the mechanic class.
Section 3.
Should a mechanic
reduce his/her class to the rank of helper without sanction of the Executive
Board, he/she may be disciplined after notice, charges, and a hearing in
accordance with Article XVIII.
ARTICLE XVI QUALIFICATION FOR MEMBERSHIP
Section 1.
Every applicant for membership must be of good moral character and be
eighteen (18) years of age or over, plus a High School Education or
equivalent. He/she shall not be a
member of the Communist Party or any subversive movement or party, which
believes in or teaches the overthrow of the United States government by force
or by illegal or unconstitutional methods.
Section 2. Procedure on
Applications: Every qualified
applicant for membership shall complete an application form and file it with
the Recording Secretary. Applications
shall be referred to the Executive Board and submitted to the International
Secretary-Treasurer for investigation. All applications shall be countersigned
by two (2) fellow employees who have worked at least one (1) month with the
applicant. The two (2) signers of
the request shall appear before the Executive Board with the applicant when
called to appear. The Executive Board considering all applications shall
consider the report of the International Secretary-Treasurer, investigate the
character and qualifications of the applicant, and report at the regular
meeting. After the acceptance for
membership of an application upon the favorable report of the Executive board,
the applicant shall be notified by mail to appear for initiation.
Section 3. Initiation:
After the candidate has been notified to appear for initiation, should
he/she fail to present themselves within thirty (30) days after being
notified, the time may be extended for good cause by a vote of the majority of
the Executive Board present at the next Executive Board meeting at which the
extension of time is asked for. When
presenting their application, he/she shall pay an initiation fee of Four
Hundred Forty Dollars ($440.00). Upon
payment of the initiation fee, each applicant for admission to membership
shall take the Oath of Obligation prescribed in the International
Constitution. After initiation,
he/she must secure the quarterly working card from the Financial Secretary and
shall be presented with a copy of the Local Constitution and By-laws,a copy of
the Master Agreement, Labor Management Reporting and Disclosure Act of 1959,
Local Expense Agreement, and International Constitution and By-laws.
Section 4. Any member shall lose
their good standing in the Local Union by (1) suspension or expulsion from
membership after trial proceedings pursuant to Article XVIII or by (2)
suspension or expulsion for non-payment of dues. Quarterly dues are payable in advance on or before the first
day of the first month of each quarter. A
member owing over three (3) months dues shall automatically be suspended from
membership without notice of any kind. A
suspended member is denied all rights and privileges of membership including
voice or vote in the Local Union.
Section 5. A suspended member
becomes in good standing and their suspension is lifted by the payment of all
back dues through the current month together with a Ten Dollar ($10.00)
reinstatement fee. A suspended
member must pay his/her back dues through the current month before his/her Ten
Dollar ($10.00) reinstatement fee can be paid.
Upon payment of back dues through current month and the Ten Dollar
($10.00) reinstatement fee, the member shall be in good standing and entitled
to attend Local Union Meetings with voice and vote.
Section 6. A suspended member,
upon becoming five (5) months in arrears, shall be so notified by the
Recording Secretary by registered mail at the member’s expense.
Section 7. Any members in
arrears in dues or assessments for a period of six (6) months or more shall
stand expelled and must pay six (6) month’s back dues and
all monies that he/she legally owes to the expelling Local at the time of
his/her expulsion and a new initiation fee to the Local Union in which he/she desires to be initiated.
Section 8. Transfer and
withdrawal cards shall be issued in accordance with the provisions of the
International Constitution or any amendments thereto.
All requests for withdrawal or transfer cards are to be in writing.
Section 9. Applicants for
membership are to sign the Oath of Obligation before acceptance for
membership.
ARTICLE XVII DUTIES OF MEMBERS Section 1. All members of this
Local Union shall have the duty to (1) keep Financial and Recording
Secretaries properly notified of their place of residence and all changes, (2)
when they go out of the primary jurisdiction for a period longer than one (1)
day to work, notify the Business Representative of their whereabouts, (3)
construction and modernization mechanics, upon starting a new job,
shall report the location and job description to the Business Representative, (4)
carry the working card while at work and show such card when called upon.
For failure to fulfill these duties, members may be disciplined in
accordance with Article XVIII.
Section 2. Any member or officer
of the Local Union may, after notice, charges and hearing, be disciplined by
the Local Union in accordance with Article XVIII for commission of any of the
following offenses:
1.
Failure or refusal to adhere to or comply with the provision of the
Constitution, By-Laws and policies of the International Union. 2.
Failure or refusal to adhere to provisions of the Constitution and
By-Laws of a Local Union.
3.
Failure or refusal to adhere to or comply with the decisions and orders
of the Officers of the International Union.
4.
Failure or refusal to abide by the provisions of the Master Agreement
or the provisions of any Local Union Agreement, such as a Local Union
Transportation Agreement.
5.
Failure or refusal to support the jurisdictional claims of the
International Union and/or of Local Unions.
6.
Failure or refusal to abide by an oath taken at the time an individual
becomes a member of the International Union or a Local Union.
7.
Failure or refusal to adhere to or comply with the obligations
automatically imposed upon a member when he/she becomes a member of the
International Union and of a Local Union.
8.
Misappropriation or embezzlement of funds or property belonging to the
International Union and/or to a Local Union.
9.
Gross disloyalty or engaging in conduct unbecoming to a member of the
International Union and of any Local Union.
10.
Slander or liable of any Officers or Members.
11.
Physical abuse of Officers or Members in or near the meeting hall
and/or workplace.
12.
Fostering succession or withdrawal of a Local Union from the
International Union.
13.
Any activity, whether by word or deed, which brings or tends to bring
the International Union and/or Local Union into disrepute with any bodies with
which the International Union and/or Local Unions are affiliated or which may
bring or tend to bring the International Union and/or Local Unions into
disrepute with the public or into conflict with the law.
14.
Employment contrary to or in violations of the terms and conditions of
the Master Agreement or of any Local Union Agreement, such as a Local Union
Transportation Agreement.
15.
The divulging of any of the secrets of the International Union and/or
Local Union.
16.
The engaging in conduct, which unduly impedes the work of any Officer
of the International Union and/or Local Unions.
Section 3. No member’s car, truck, trailer or vehicle, shall be loaned or leased to the company.
Section 4. No member shall furnish, loan |
