Local
5286, UAW
Freightliner
PMP, Gastonia, NC
By-Laws
DB:rp/opeiu494aflcio
Updated: 1/08/2005
ARTICLE I
Name
This organization shall be known as International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Local 5286.
ARTICLE II
The Constitution of this organization shall be the Constitution of the International Union, UAW, and these By-Laws shall be in all respects subordinate to said Constitution and all applications and interpretations thereof.
ARTICLE III
Object
To improve working conditions and to establish a wage in accordance with need and desires of its memberships. To unite in one organization regardless of religion, race, creed, color, sex, or nationality, and to educate our membership in the history of the American labor movement and to develop and maintain an intelligent and dignified membership.
ARTICLE IV
Fiscal Year
The fiscal year of this Local Union shall begin on January 1 and end on December 31.
Membership
Section 1. This Local Union shall be composed of workers
of Freightliner Corporation, Gastonia PMP eligible for membership in the
International Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (UAW) over whom the Local Union has jurisdiction.
Section 2. Each member in good standing of this Local
Union has the right to nominate and vote, express opinions on all subjects
before the Local Union, to attend all membership meetings and express views,
arguments and opinions on all matters and
business, including
candidates for offices,
properly before the meeting; to meet and assemble freely with other members and
generally, to participate on the activities of the Local Union in a responsible
manner consistent with good conscience in order to present and discuss factually
and honestly the issues and personalities upon which the membership must base
its decisions. These rights shall at all times be subject to the rules of
procedure governing meetings and other uniform rules and regulations contained
in the Constitution, By-Laws and other official rules of the Local Union. A
member in exercising the foregoing rights and privileges shall not take any
irresponsible action which would tend to jeopardize or destroy, or be
detrimental to, either the Local or International Union as organizations, or
their free democratic heritage, or which would interfere with the performance by
this Local Union or the International Union of its legal or contractual
obligations as a collective bargaining agent, or interfere with the
legal or contractual obligations of this Local Union as an
affiliate of the International Union. Violation, or abuse of these rights and
privileges of membership, or engaging in conduct prohibited by this section,
shall be considered conduct unbecoming a union member.
Section 3. The membership shall strive to obtain the
objectives set forth in the International Constitution and additional objective
as established as the policy of the International Union; to maintain free
relations with other organizations; to do all in its power to strengthen and
promote the labor movement; to cooperate with Regional Board Members, The
International Representatives and help promote organizational activities.
ARTICLE VI
Membership Meetings
Section 1. Regular membership meetings shall be held at
least once each month. This meeting shall be held on the fourth Saturday
of each month at 10:00 A.M. - at a location to be announced at least seven (7)
days prior to scheduled regular membership meetings. However, where it is deemed to be in the best interest of the
membership, the President, with the approval of the Executive Board may either
advance the meeting or delay it, but in no case for longer than a week or sooner
than a week. All membership meetings will be adjourned after one and one half (1
1/2) hours unless extended by action of the membership. In the event of
mandatory overtime being scheduled for Saturday, the monthly meeting may be
moved to Sunday at 2:00P.M.
Section 2. "Special Membership meetings may be
called when deemed necessary by the President or the Local Union Executive
Board. No other business shall be transacted at such meeting except that stated
in the notice. If membership meeting is called where there will be a vote, there
will be on the posting a second date, no less than seven (7) days from original
date posted, for make up date of meeting in the event that there should be bad
weather and travel advisories giving in local area {25 mile radius from union
hall}, this second date would apply to said membership meeting."
Section 3. A
Special Membership meeting may be requested by a member of the Local Union. The
request shall be made in writing to the Executive Board, signed by at least one
hundred (100) members of the Local Union in good standing. Such request must
clearly state the purpose for such meeting. And no other business shall be
discussed at such meeting, if called by the Executive Board. The Executive Board
shall have sole power to decide the advisability of holding the meeting. Should
the Board sanction such meeting, the Recording Secretary shall post a notice of
said meeting at least forty-eight (48) hours before the meeting shall be held.
Section 4. In the event it is necessary to call an
emergency membership meeting to protect or further the interest and welfare of
the Local, written notice will be posted as far in advance of the meeting as
possible. Also, members of the committee and the officers of the Local shall
give verbal notification to as many members as they can contact.
Section 5. Any member who attends a meeting in an
intoxicated condition and/or creates a disturbance, or becomes unruly shall lose
voice and his right to vote at said meeting. Where necessary to maintain order,
the member may be evicted from the meeting by order of the Chairman subject to
the challenge of the membership. Flagrant
or persistent violation of this section by any member shall be conduct
unbecoming a union member.
Section 6.
All questions of parliamentary nature shall be decided by Robert's Rules of
Order.
ARTICLE VII
Powers of Administration
Section 1. The membership is the highest authority of
this Local Union and shall be empowered to take or direct any action not
inconsistent with the Constitution or By-Laws.
Section 2. Between Membership meetings, the Executive
Board shall be the highest authority of the Local Union and shall be empowered
to act on behalf of the membership to the extent urgent business requires prompt
and decisive action, subject to subsequent membership approval, but the
Executive Board may not take action affecting the vital interest of the Local
Union without prior membership approval.
Section 3.
Between meetings of the Executive Board, the President shall exercise general
administrative authority and, shall be empowered to act on behalf of, and take
action permitted, to the Executive Board subject to subsequent approval of the
Executive Board.
ARTICLE VIII
Local Union Officers
Section 1. The Local Union shall have the following
Executive Officers: President, Vice-President, Recording Secretary, Financial
Secretary-Treasurer, Three Trustees, Sergeant-at- Arms, and Guide.
Section 2.
The election of Local Union Officers shall take place in May or June as provided
in Article 38, Section 2, of the Constitution. The
election for Shop Chairperson and Committeepersons shall be held in conjunction
with the Executive Board elections.
Section 3. Terms of office shall be in accordance with
Article 38 and Article 45 of the International Union Constitution.
Section 4. No member shall be eligible for election as
an Executive Officer of the Local Union until he has been a member in continuous
good standing in the Local Union for one (1) year immediately prior to the
nomination.
Section 5. Financial Officers (including the President)
of the Local Union shall be bonded by such methods and agencies, and in such
amounts as the International Executive Board may determine, but in no case shall
the bond be for less than the amount required by law.
Section 6.
All vacancies in Local Union offices, except office of the President, shall be
promptly filled by election, provided that the President may make a temporary
appointment for the period pending the holding of the election, which in no case
shall be longer than sixty (60) days. In the case of a vacancy in the office of
President, the Vice President shall fill the vacancy for the unexpired term. In
the event a special election is held for the purpose of filling a vacancy the
procedure as outlined in Article 38, Section 2, of the Constitution shall be
followed.
ARTICLE IX
Duties of Officers
The duties of the Local Union officers shall be as provided for
in Article 40 of the Constitution of the International Union, provided, that the
Recording Secretary shall maintain a binder in the office of the Local Union,
containing a true copy of the minutes
of the previous meetings and this binder shall be available to
the inspection of any member of the Local Union at his or her request.
ARTICLE X
Executive Board
Section 1. The
Executive Board shall be composed of the officers as provided for in Article 38
Section 1, and article 55, Section 1 (b) of the Constitution of the
International Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (UAW) and article 8, Section 1 of these By-Laws.
Section 2. A regular meeting of the Executive Board
shall be held the Tuesday prior to the scheduled
regular membership meetings.
Section 3. Special meetings of the Executive Board may be
called by the President or by the request of a majority of the Board to the
President. However, notice of the special meeting and the purpose thereof shall
be given to the members of the Board at least twenty-four (24) hours thereto.
Section 4. In the event it is necessary to call an
emergency meeting of the Board to protect or further the interest and welfare of
the Local, the President shall be empowered to call such
meeting.
Section 5.
The Executive Board in conformity with Article 7, Section 2 of these By-Laws
shall be empowered to direct payment of all ordinary bills and expenses of the
Local Union.
Section 6. The Executive Board shall not authorize any
single expenditure in an excess of five hundred
dollars ($500.00), provided, however,
that this limitation shall not apply to the expenses of a delegate, or
delegates, elected by the Board to represent the Local at any meeting where such
delegate or delegates would serve to protect or further the interest and welfare
of the Local Union. Provided further, that any action taken under the provisions
of this section is subject to subsequent membership approval.
Section 7. A simple majority (five members present) of the Local Union Executive Board shall
constitute a quorum.
Section 8. Minutes will be taken of all Executive Board
Meetings by the Recording Secretary and shall be available to the membership by
appointment at the Local Union Office.
Section 9. All decisions and recommendations of the
Executive Board shall be referred to the next regular membership meeting.
Section 10. The Executive Board shall appoint at least
one of its members to each of the standing committees in a liaison or advisory
capacity, except however, the Plant Bargaining Committees, Election Committee,
or any trial committee.
ARTICLE XI
Committeepersons
and Bargaining Committee
Section 1. The nomination and election of committeemen
and alternate committeemen shall be held at the same time and place as for the
Executive Officers.
Section 2. The offices of Committeepersons and
Alternate Committeepersons shall be elected individually for each District on
separate ballots.
Section 3.
The number of committeemen and alternate committeemen, the Local may have
as provided for in the Agreement between the Company and the Union shall be
increased or decreased in accordance with the above section of the By-Laws.
Section 4.
(a)Any vacancy for the position of committeeman or
alternate committeeman shall be filled by a Special Election.
(b)For each Committeeperson office, a First and Second Alternate
Committeeperson shall be elected with the understanding that should a vacancy
occur in any Alternate Committeeperson
position between regular elections that no election shall be required to fill
the vacancy. The Shop Chairperson shall have the authority to appoint an
Alternate Committeeperson in the event of a vacancy or a temporary basis due to
the unavailability of the Committeeperson or Alternate for the respective
district.
(c) No member shall be permitted to run for the office of
Committeeperson and Alternate Committeeperson. Nor shall any member be permitted
to run for more than one alternate Committeeperson office.
Section 5. A Committeeman may be recalled in compliance
with Article 45, Section 3 of the Constitution provided, however, that a vote on
the question of re-call of a Committeeman shall be initiated in the following
manner: "A vote on the question of re-calling a Committeeperson may be
initiated by a petition setting forth the reasons why the re- call is sought,
and signed by at least 25 percent of the current members working under the
jurisdiction of the Committeeman. Upon the filing of such a petition with the
Local Union, a special meeting for recall shall be held, of which due
notification shall be given. A two-thirds vote of the members present at such
special meeting shall be required to re-call. The quorum for such a recall
meeting shall be 25 percent of the members working under the jurisdiction of the
Committeeperson."
Section
6. All committeepersons stand nominated for the position of Local 5286
bargaining committee. One committeeperson from each shift shall be elected. All
members will be able to vote for one committeeperson from each shift. President,
Shop Chairperson, the three-committee persons elected and as needed the Benefits
representative the Health & Safety representative and or a Skilled Trades
representative
shall comprise the Local 5286 bargaining committee.
Committees
Section 1. The standing committees of the Local Union
shall be as follows: Constitution and By-Laws, Union Label, Education,
Conservation/Recreation, Community Services, Consumer Affairs, Civil Rights,
Veteran's, Citizenship and Legislative, Women’s' Committee, and Retired
Members and such other committees as may be deemed necessary by the Local.
Section 2. The members of the Committees shall be
appointed by the President of the Local, and each committee shall elect their
Chairperson subject to the approval of the membership at the first meeting of
the membership following the appointment.
Section 3. These Committees shall perform all duties
assigned to them by the Constitution and By-Laws and such additional duties as
they may be directed to perform from time to time by the Executive Board or the
membership. Failure to perform assigned duties shall subject a member or members
to removal from a Committee by the Executive Board subject to approval by the
membership at the first membership meeting held after the removal of a member or
members from a Committee.
Section 4. There shall be a Skilled Trades Committee from
the Skilled Trades Classification. The Chairman of this committee shall be
elected by a majority of those employees within the Skilled Trades
Classification. The Bargaining Committee Chairperson shall insure that the
Chairperson is included in any contractual or supplemental bargaining affecting
the Skilled Trades Classification.
ARTICLE XIII
Finances
Section 1.
The Initiation Fee for membership in Local 5286 shall be twenty dollars
($20.00).
Section 2. The Reinstatement Fee for reinstatement in
Local 5286 shall be twenty dollars ($20.00).
Section 3.
The dues of the Local shall be the minimum monthly dues established by the
International Constitution, except the Local may establish dues in excess of
those adopted pursuant to Article 47, Section 1.
Section 4. Any member who has not worked forty (40)
hours by reason of not having been scheduled to work forty (40) hours, or
received remuneration in lieu of work equivalent to forty (40) hours pay, within
any calendar month, shall be entitled to exemption of payment of regular monthly
dues.
Section 5. The issuance of "Out of Work"
receipts shall be as set forth in Article 16, Section 17, 18, and 19 of the
Constitution.
Section 6.
A. The local will pay the difference between the current hourly
rate of the Shop Chairperson and
fifteen (15) cents an hour higher than the highest rate of any member of the
local in the plant, for fifty (50) hours. This sum being expressly paid him for
the expenses of his office as Shop
Chairperson. The Shop Chairperson
shall receive fifty (50) hours per week at the straight time rate of his regular
classification, paid by the company. The acting Shop Chairperson shall receive the expense money when he is serving
in all absences of the Shop Chairperson.
B. The President and Financial
Secretary-Treasurer each shall receive monthly from Local 5286 during their
term of office four-hundred ($400.00) dollars. These sums being expressly paid to
these officers for their expenses
of the offices of President and Financial Secretary-Treasurer. Any changes
in compensation for officer would require a bylaw change. Any changes will be
through recommendations of the Executive Board to the membership each term after
the general elections.
Section 7.
A. Any member of the local union who is required to be away from
home to attend to local union business shall be paid an amount in accordance
with current applicable International Union, UAW standards per day to cover the
members’ meals, taxi (excluding transportation to and from airport to hotel)
personal calls, travel insurance and other incidental expenses.
B. A bill for the hotel single room occupancy rate or 1/2 of a
double room rate if shared with another member (which shall be turned in upon
return) and registration fees, if any specified in the meeting call shall be
paid in full by the local union. Future expenses shall conform with the
International Union Constitution.
C. However, this section shall not apply where the local union
takes care of the transportation, meals and room on a flat basis such as Summer
School, Black Lake, etc. In this instance a fifteen dollar ($15.00) daily
expense allowance will apply to Paragraph A.
Section 8. An officer, Delegate or member required to
travel, shall be entitled to transportation, in accordance with UAW
Administrative Letters dated August 28, 1974 and August 20, 1975 as set forth by
the International Union, except that the Local shall have the right where it is
expedient, and no hardship on the member involved to provide transportation. In
this event the Local Union will take care of the transportation expenses and
there will be no refund for expenses to anyone, except to the owner of the
vehicle used for transportation.
Section 9. Any member of the local union that may use
their car for the purpose of transportation while on union business shall be
paid in accordance with UAW International standards per mile for all miles to
and from their destination except that gas money for local union business be
authorized for taking members home for sickness, emergency, attending funerals
and other union business authorized by the President of Local 5286, UAW.
Section 10. The Local Union shall pay a member lost time
only when that member is performing necessary duties for and on behalf of the
Local Union during a time for which he would otherwise be compensated by the
employer. The amount of lost time shall never exceed the amount which the member
would otherwise have received from the Company for the same period of time which
he is being compensated by the Local Union, except as provided for in Section 6
of this article. It is further understood that delegates to Summer School and
Black Lake will be compensated for no more than 40 hours lost time. Lost
time shall be paid only for straight time hours. There shall be no compensation
for any eligible overtime hours.
Section 11. All requests for charitable contributions
from UAW Local 5286 will be processed in the following manner:
(1) The requesting party will submit the request in writing,
stating the reason and amount of the request to the President of UAW Local 5286.
(2) The President with E-Board approval will assign the request
to the appropriate Standing Committee Chairperson for action.
(3) The Standing Committee Chair assigned will report their
recommendations for raising the requested funds to the membership for approval
at the next membership meeting following their assignment.
Attendance Rules
Section 1. Attendance at Local Union meetings is not a
requirement for nomination to any office or committee in the Local Union.
However, once a member is elected to office or a committee he shall be subject
to the provisions of this Article.
Section 2. All Executive officers must attend two out of
three membership meetings and two out of three Executive Board meetings; unless
properly excused in order to continue to hold the prospective office.
Section 3. All members of the Bargaining Committee and
members of the Election Committee must attend two out of three membership
meetings unless properly excused in order to continue to hold the respective
position.
Section 4. Any of the following shall be considered good
and sufficient reasons for absence from a meeting as specified in Sections 2 and
3 above: Personal Illness, Serious Family Illness, Death In Immediate Family, or
urgent personal Reason, Circumstances Beyond Members control, or where
attendance at a specific meeting would cause a member very substantial
inconvenience. Any other reason, or
reasons shall
be submitted
to the Attendance Committee for their consideration and decision
as to
whether the
reason justifies
an excused absence.
Section 5. The Executive Board shall act as an
Attendance Committee and shall act on the excuses of any officer or member of
the Bargaining Committee and the Election Committee.
Section 6. All decisions of the Attendance Committee
along with the reason for the decision shall be submitted to the membership for
approval before becoming effective.
Section
7. Failure
to comply with the above attendance rules shall result in automatic removal from
their respective office or position, and they shall not be permitted to run for
any elective office for the balance of the term of office from which they were
removed, except as a delegate to the international Constitutional Convention.
ARTICLE XV
Delegates
Section 1. Delegates to Conventions of the International
Union shall be elected in conformity with the provisions of Article 8 of the
International Constitution.
Section 2. Delegates to any other Convention or Council
or any meeting where the Local Union may desire representation, shall be elected
or selected in accordance with the By-Laws of the organization to which the
member or members may be elected or selected as delegates.
Section 3. Delegates appointed by the Executive Board to
attend any Union activity will not exceed the number called for in the call.
ARTICLE XVI
Order of Business
Refer
to the International Constitution for the order of business for Local Union
membership meetings.
ARTICLE XVII
Quorum
Section 1. A
quorum for this Local Union shall be on the following basis: any number of
members present, in good standing in attendance at a meeting shall constitute a
quorum.
ARTICLE XVIII
Leases and Long Term Agreements
Section 1. No agent or official of the Local Union is
authorized to execute a real estate lease, deed, service or maintenance contract
or other long-term agreement unless the proposed agreement has been reviewed by
an outside expert or attorney and approved by the Local Union Executive Board.
ARTICLE XIX
Elections and Election Committee
Section 1. No member shall be eligible for election as
an Executive Officer of the Local Union until he has been a member in continuous
good standing in the Local Union for one (1) year immediately prior to the
nomination.
Section 2. No member shall be eligible for election as a
member of the Bargaining Committee or Election Committee of the Local Union
until he has been a member in continuous good standing in the Local Union for
one (1) year immediately prior to the nomination.
Section 3. No member shall be appointed to any of the
committees provided for in Article 12, Section 1 of these By-Laws until he has
been a member in continuous good standing in the Local Union for one (1) year
immediately prior to the appointment. (a)Except in the case of a new hire, the
one year rule may be waived provided the new hire joins the Union on or before
completion of the forty-five (45) day probationary period and becomes a member
in good standing.
Section 4.
Any member in good standing may nominate any eligible member for office.
Nominations shall be made at a General Membership meeting of the Local and shall
be made from the floor. The membership shall be duly notified at least seven (7)
days in advance of the time and place of nomination. At least seven (7) days
shall elapse between the time of nominations and the date the election shall
take place.
Section 5. A notice containing both the time and place
of elections and the time and place of any possible run-off election shall be
given at least fifteen (15) days in advance of the election. This notice shall
be mailed to every member in good standing.
Section 6. Nominees shall have three (3) days from the
date of nomination in which to notify the Election Committee of their acceptance
of the nomination. Failing to comply with this provision they (the Nominees)
shall not be considered as a candidate for office. After the deadline on
accepting nominations has expired, no election of so-called "sticker"
or "write-in" candidates shall be considered legal.
Section 7. No
member shall be permitted to run for more than one executive office.
Section 8.
All Local Union elections shall be by secret ballot.
Section 9. Every member in good standing shall be
entitled to vote at all Union elections.
Section 10. Any eligible candidate in any election shall
have the right to submit his commonly-known name to the Election Committee in
writing as he desires it to appear on the ballot; and it shall so appear.
Section 11. An Election Committee of not less than five
(5) and not more than twelve (12) members shall be elected at a regular
membership meeting prior to nominations. However, the membership, may, where it
is to the best interest of the Local Union, reduce the number of members of the
Election Committee by a two-thirds majority vote of the members present at the
meeting for the election of the Election Committee. This Election Committee
shall conduct all elections held by the Local Union.
Section 12. The Election Committee shall have complete
charge of the elections. It shall be responsible only to the Local Union. They
shall be governed by the International Constitution, the Local By-Laws, and the
Instructions by the General Membership meeting prior to the elections.
Section 13. No candidate in election shall be a member of
the Election Committee having supervision over such election.
Section 14. The nominee for executive office, receiving
the majority of votes cast for the office (more than fifty (50) percent) shall
be declared elected.
Section 15. When none of the candidates receives more
than fifty (50) percent of the votes cast, there shall be a run-off election
between the two candidates who receive the highest number of votes for the
respective offices. Whenever there are unopposed candidates for the Local Union
executive offices, such candidates shall be considered elected without the
necessity of an election.
Section 16. The Election Committee shall be in charge of
all ballots. Any ballot which clearly indicates the intention of the voter shall
be considered valid; provided, however, that where the ballot bears an
identification mark, the ballot shall be void. Where a member has voted for more
candidates than are permitted for the office or if for any reason the member's
vote for a particular office is declared invalid, the member's vote for that
office shall not be counted. However, this shall not affect the validity of the
remainder of the ballot.
Section 17. Article 38, Section 10 (c), of the
International Constitution does not permit the use of absentee balloting in a
Local Union (only under certain conditions). See Section 10 (b) of the
Constitution.
Section 18. No member shall be permitted to help another
member in marking his ballot. If a member shall need any help in marking his
ballot, he shall request such help from a member of the Election Committee
designated for this purpose. However, the member of the Election Committee shall
at no time mark
a member's
ballot for
him, he
(the member of the Election Committee) shall answer any question put to
him only and shall at no time try to exert any influence on any member who may
require aid in marking his ballot.
Section 19. Each candidate shall have the right to have
one challenger present when the votes are cast and when they are tabulated,
provided that such challenger shall be a member of the Local Union.
Section 20. Any voter spoiling his ballot shall return it
to the Election Committee and be issued a new ballot.
Section 21. No one, except the Election Committee or
those acting under its direction and those voting or who are waiting to vote,
and the duly qualified challenger, shall be allowed in the place designated as a
voting place for the election.
Section 22. Voters who have cast their ballots shall not
be allowed to loiter in the voting place.
Section 23. Any voters in the line at the polls at the
time of closing will be permitted to vote.
Section 24. Campaigning, Posters, and election
literature, etc., shall not be allowed within the area where the voting is
taking place.
Section 25.
Any candidate shall have a right to petition for a recount. Petitions must be
filed with the Election Committee in writing within two (2) days after the
results of the election are posted. The petition must set forth briefly the
reasons for seeking a recount.
Section 26. Copies of election regulations shall be
placed in a prominent position in each election place and members of the
Election Committee shall make themselves acquainted with the same.
Section 27. Any member of the Election Committee, or any
member of the Local Union violating any of the election rules, shall be reported
to the next general membership meeting.
Section 28. Any member convicted of misrepresenting
returns, altering, mutilating, or destroying deposited ballots, voting
fraudulently or of intimidating others by threats or otherwise interfering with
a member in the exercise of his right to cast his ballot in Local Union
elections and strike balloting, shall be punished in accordance with the Trial
Procedure outlined in the Constitution.
The member so convicted shall be disqualified for either elective or
appointive office within the jurisdiction of the International Union for a
period of not less than two (2) years or more than five (5) years.
Section 29. Following each election, the Election
Committee shall report in writing the canvass of the results of the election to
the membership's next membership meeting. No protest to an election shall be
considered unless raised within seven (7) days of the closing of the polls or at
the next membership meeting, whichever is later.
Section 30. In the event the membership, either in acting
upon a protestant or in ratification of an Election Committee recommendation,
should order a new election, no such election shall be held until the matter has
been submitted to, and an order thereon received from, the International
President. In such an event, the Local Union shall submit a complete report of
the circumstances which influenced the membership to order a new election, as
well as the official minutes of the pertinent membership meeting, to the
International President. Any member of the Local Union shall have the right to
submit a written statement to the International President. The International
President, acting as expeditiously as possible, may either make his order upon
the information available to him, or, if he feels the facts sufficiently
contradictory to warrant
the step, submit the matter to an Appeals Committee constituted
pursuant to Article 33, Section 3 of the Constitution, for investigation. In
that event he shall make his order pursuant to the recommendations of said
Appeals Committee. During this interim period, the Local Union offices shall be
temporarily occupied by those candidates who would have been elected if the
election had not been challenged. If
the International President approves membership action ordering a new election,
the election shall be held as soon as possible and the officers elected at that
second election shall hold office during the pendency of any higher appeal, and
until otherwise directed by a superior appellate body. Any appeal from the
International President's order shall be taken in the usual way pursuant to
Article 33 of the Constitution provided, however, that if the President's order
is based upon an Appeal Committee recommendation, the appeal shall omit the step
provided for in Article 33 Section 3d of the Constitution, and the appeal shall
commence with review of, and action on, the Appeal Committee recommendations
pursuant to Section 3d of Article 33 of the Constitution. Any appeal from a
decision of the membership refusing to order a new election shall be taken in
the usual manner pursuant to Article 33 of the Constitution,
and the
members elected
as the result of the
election being appealed from shall hold office during the pendency of the
appeal, and until otherwise directed by a superior appellate body. All ballots
and other pertinent records in any election shall be preserved for a period of
one (1) year, and may then be destroyed by the Local Union unless an appeal is
pending, in which event they must be preserved until the appeal has been decided
and the decision is final.
Section 31.
On nomination day the Candidate's name for each office shall be placed in a hat
and drawn out one at a time. The names shall appear on the ballot in the order
in which they were drawn.
ARTICLE XX
Trial of Members
Section 1. A charge by a member or members in good
standing that a member or members have violated the provisions of the
Constitution and By-Laws or engaged in conduct unbecoming a member of the Union
must be specifically set forth in writing and signed by the member or members
making the charges. The charges must state the exact nature of the alleged
offense or offenses and, if possible, the period of time during which the
offense or offenses allegedly took place. Two (2) or more members may be jointly
charged with having participated in the same act or acts charged as an offense
or with having acted jointly in commission of such an offense and may be jointly
tried.
Section 2. Any proper charge brought against a member or
members shall be heard by a Trial Committee in conformity with Article 31 of the
Constitution.
ARTICLE XXI
Appeals
Section 1. Any member dissatisfied with the action or
decision of the Local Union or any representative thereof, other than the action
or decision of the membership of the Local Union, shall take his appeal or
complaint to the Local Union Recording Secretary within sixty (60) days as
permitted by Article 33 Section 2 of the Constitution.
Section 2. The
Executive Board shall refer the matter to the Bargaining Committee if it
involves collective bargaining. Otherwise,
the Executive Board shall consider the matter itself. Whichever of these bodies
the matter is referred to shall consult with the grievant, permit him full
opportunity to be heard, and shall reach a decision. Within thirty (30) days of
receiving a notice of such a decision, the grievant, if wishing to appeal
further, shall submit his appeal to the Recording Secretary in writing for
consideration by the earliest possible membership meeting.
Section 3. All
appeals shall be disposed of in conformity with the provisions of Article 33 of
the Constitution.
ARTICLE XXII
Strikes and Strike Committee
Section 1. Any strike on any matter shall be called
and/or terminated in strict conformity with Article 50 of the Constitution of
the International Union.
Section 2. A Strike Committee shall be established. It
shall consist of the duly elected Executive Officers, the Plant Bargaining
Committee and such other members as may be designated by the membership.
Section 3. Strike relief shall be provided in accordance
with the policy as established by the International Union.
Section 1. On motion, the regular order of business may
be suspended by two-thirds vote of the members at any time to dispose of urgent
business.
Section 2. Any conversation by whispering or otherwise,
which is calculated to disturb the transaction of business, shall be deemed a
violation of order.
Section 3. Every member shall be guaranteed the right of
free discussion of the principles set forth in the platform and preamble of the
Constitution.
Section 4. A motion to be entertained by the presiding
officer must be seconded and the mover as well as the seconder must rise, be
recognized by the chair and their names recorded.
Section 5. In presenting a motion a brief statement of
its object may be made but no discussion of its merits shall be admitted until
the question is stated by the chair.
Section 6. Any member having made a motion can withdraw
it by consent of his second but a motion debated cannot be withdrawn except by a
majority consent.
Section 7. A motion to amend an amendment shall be in
order, but no motion to amend an amendment to an amendment shall be permitted.
Section 8. When a member wishes the floor, he shall rise
and respectfully address the chair and if recognized by the chair, he shall be
entitled to the floor.
Section 9. If two or more members rise to speak at the
same time, the chair shall decide which is entitled to the floor.
Section 10. Each member when speaking shall confine
himself to the question under debate, and avoid all personal, indecorous or
sarcastic language.
Section 11. If a member while speaking is called to
order, he shall take his seat until the point of order is decided, when, if
decided in order, he may proceed.
Section 12. If any member shall feel himself personally
aggrieved by a decision of the chair, he may appeal to the body from the
decision of the chair, the Vice-President shall then act as chairman; said
appeal shall then be stated by the chairman to the membership in these words;
"Shall the decision of the chair be sustained as the decision of this
Union." Prior to the chairman putting the question, the member shall have
the right to state the grounds of the appeal and the chairman shall give the
reason for his decision. Thereupon the members will proceed to vote on the
appeal without further debate, and it shall require a majority vote to sustain
such an appeal.
Section 13. No member shall speak more than once on the
same subject until all members desiring the floor shall have spoken, nor more
than twice without the unanimous consent of the membership. No member shall
speak more than five (5) minutes at any time without the consent of the
membership by a two-thirds (2/3) vote of the members.
Section 14. The presiding officer shall not speak on any
subject unless he retires from the chair, except on points of order, and in case
of a tie he shall have the deciding vote.
Section 15. When a question is before the meeting no
motion shall be in order except: 1. To lay on the table:
2. For the previous question:
3. To postpone to a given time:
4. To refer or commit:
5. To amend, and these motions shall have precedence in the order
herein arranged.
{The first two of these motions are not debatable.}
Section 16. If a question has been amended, the question
on the amendment shall be put first as follows:
1.
Amendment;
2.
The original proposition.
Section 17. When a question is postponed indefinitely, it
shall not come up again at the same meeting except by a two-thirds vote.
Section 18. After a question has been stated by the
chair, it shall be put before the meeting for discussion. Before putting the
question to vote, the presiding officer shall ask: Are you ready for the
question? If no member rises to speak, the presiding officer shall then put the
question in this form. All in favor of this motion say "AYE" and after
the affirmative vote is expressed; those of the contrary opinion say
"NO". After the vote is taken he shall announce the result in this
manner. The motion is carried (or lost) and it is so ordered.
Section 19. Before the presiding officer declares the
vote on a question any member may ask for a division of the house, then the
chair is duty bound to comply with the request and a standing vote shall be
taken, and the Recording Secretary shall make a count of the house.
Section 20. A member being ordered to take his seat three
times by the chair without heeding shall be barred from participating in any
further business at that session.
Section 21. Any member who is in the meeting in an
intoxicated state shall be governed by Article 6, Section 5 of these By-Laws.
Section 22. No member shall leave the meeting permanently
without first obtaining the permission of the chair. If this is not convenient,
he shall obtain permission from the Vice- President.
Section 23. All questions, unless otherwise provided,
shall be decided as a majority vote may direct.
Section 24. All questions of a parliamentary nature not
provided for in these rules shall be decided by Robert's Rules of Order revised.
ARTICLE XXIV
General
Section 1.
All Local Union officers, Committees and other members handling funds and/or
other property of the Local Union shall, at the completion of their duties, turn
over all papers, documents, funds and/or other union property to the proper
constituted Local Union officers.
Section 2. Wherever in these By-Laws a pronoun is used
it refers equally, where the reference is, applicable to both men and women in
the singular and in the plural.
Section 3. These By-Laws, upon adoption by the
membership and approved by the Executive Board of the International Union, shall
be printed in booklet form and copies of same made available to the membership.
ARTICLE XXV
By-Laws, Changes and Amendments
Section 1. These By-Laws may be amended by presenting a
motion in writing setting forth the amendments sought to a membership meeting.
The motion shall be read to that meeting and referred to the Constitution and
By-Laws Committee which will report to the succeeding membership meeting, the
notice of which must contain a notice of the particular By-Law amendments that
will be considered. If approved by two-thirds (2/3) of the membership vote
thereon at this succeeding meeting, the amendment shall be considered adopted by
the membership. Notwithstanding the foregoing, these By-Laws may be amended by
unanimous action of the membership present at the first meeting where they are
presented without the necessity of being referred back to a subsequent
membership meeting if the notice of such first membership meeting clearly sets
forth the proposed amendment or amendments which will be considered and further
sets forth that the amendment or amendments as advertised may be adopted without
any further action by unanimous vote of the members present and voting at said
meeting.
Section 2. Two copies of these By-Laws or any additions,
alterations or revisions shall be submitted to the Regional Director for
submission to the International Executive Board for approval.