UTILITY WORKERS UNION OF AMERICA
BY LAWS OF LOCAL UTILITY WORKERS
604
ARTICLE 1
NAME AND AFFILIATION
Section 1.
This organization shall be known as Local # 604 of the Utility Workers Union of America, AFL-CIO (hereinafter known as the Local). This local shall be affiliated with the State AFL-CIO federation and the Local Central body.
ARTICLE II
OBJECTS
Section 1.
To unite in this Local, regardless of race, creed, color, sex, or national origin, all workers eligible for membership.
Section 2.
Through united action, to protect, maintain, and advance the common interests of the members, to create better working conditions, to promote higher standards of living, and to secure legislation favorable to the members.
Section 3.
To secure legislation safeguarding the economic security and social welfare of the workers in the industry, to organize the unorganized, to protect and extend our democratic institutions, civil rights, liberties and thus to perpetuate the cherished traditions of our democracy.
ARTICLE III
MEMBERSHIP
Section 1.
The membership of this Local shall be comprised of employees who are engaged in work in the territory over which this Local has been granted jurisdiction and who are eligible for membership under the Constitution of the Utility Workers of America, AFL-CIO.
Section 2.
All applicants for membership will be required to sign an application for membership card; pay any initiation fee or dues as established. Upon being received into the Local, membership shall be effective retroactive to the date the application was received by the Local. In order to facilitate the collection of dues, it shall be the policy of the Local to have all members subscribe to the practice of having their dues deducted from their paychecks. Initiation is $2.00 payable in the first 30 days of employment. The Local Union membership and the National Committee shall determine dues.
Section 3.
In order that the Local may be governed by the democratic rule of the members, it shall be the duty of each member to attend, if possible, all of the regular and special meetings of the Local.
Section 4.
The membership of the Local shall vote on the question of ratification of any contract or contract renewal in the following manner: When the Bargaining Committee has an offer they determine warrants reporting to the members, a meeting of the membership shall be called as soon as practicable for the purpose of explanation. Voting upon ratification of the offer shall be by secret ballot; it shall take a majority to accept and ratify a contract offer.
Section 5.
The Local shall not call a strike (if applicable by law) unless the members have been notified of the consideration of such strike action at a special or regular meeting and the members at such meeting by a majority vote, approves strike action.
No strike shall be called until the National Office is notified and the National President has given his sanction. The Local Officers, before requesting strike approval from the National President, are required to have membership approval of such strike action. Membership approval of strike authority may be taken prior to such negotiations. On being notified of a desire to strike, the National President or his representative shall immediately attempt to adjust the dispute between the Company and the Local and shall give further recommendation on procedure.
Section 6.
Any member who becomes a full time officer or representative of the Local or National Union shall remain a member of this Local subject to all of its rules and regulations.
ARTICLE IV
OFFICERS AND REPRESENTATIVES
Section 1.
The officers of the Local shall be: a President, Vice President Plant, Vice President T&D and Field Services, Secretary-Treasurer, Recording-Secretary and three (3) Trustees, one of which will be designated Chief Trustee with the responsibility of Chairperson of the Grievance Committee. The foregoing shall constitute the Local Executive Board and shall be the highest body of authority between Local meetings. Any new group that joins with more than fifty (50) union members shall elect a Vice President from that group who shall also be on the Local Executive Board.
Section 2.
The term of office shall be a three (3) year period for the President, Vice Presidents, Secretary-Treasurer, Recording-Secretary and trustees.
Section 3.
A Sergeant at Arms shall be elected by secret ballot for a three-year term. Stewards and alternates shall be elected by secret ballot by the members within their respective departments for a three-year term. Nominations for officers, shop stewards, alternate and Sergeant at Arms shall be made at the regular membership meeting of the Local held in the month of April of each election year.
ARTICLE V
NOMINATIONS, ELECTIONS, AND VOTING PROCEDURES
Section 1.
Any member in good standing is eligible for office unless excluded by these Bylaws, the National Constitution, or by federal or state laws. Members may not accept nomination for and/or hold more than one office. Any member who accepts or applies for a Management position will be excluded from running for office.
Section 2.
Nominations for any aforementioned office are to be made at the April meeting in the year the office is to be filled, and the election will take place at the May meeting. Candidates for nomination must be present at the nomination meeting to accept nomination or must submit written notice of acceptance of nomination for one specific office within one week from the date of nomination.
Section 3.
Elections at the May meeting shall be by secret ballot; it shall require a plurality to elect. In the event of a tie vote, the election shall be decided by a flip of a coin. Arrangements shall be made to permit working members to vote. Newly elected officers shall assume their official duties at the next regular scheduled meeting following their election to office.
Section 4.
Nominations and Elections of the Vice Presidents shall be that only the members that work at the plant can nominate and elect the Vice President of the plant, members that work at T&D and Field Services can only nominate and elect the Vice President of T&D and Field Services. Any new group that joins with fifty (50) or more members can only nominate and elect a Vice President from that group.
Section 5.
Before the balloting begins, the membership shall elect an Elections and Objections Committee consisting of at least two (2) tellers to distribute, pick up, and count the ballots cast in each election; they shall be charged with safe guarding the secrecy and honesty of the election process.
Section 6.
Absentee ballots shall be accepted from members in good standing who are unable to attend due to legitimate and acceptable reasons. Absentee ballots will be presented by the individual's Department Steward, with the name of the absent member on an outside envelope also stating the reason for this absence; the actual ballot shall be enclosed within a second envelope, which shall be unmarked and shall in no way reveal the identity of the voting member. All absentee ballots shall first be removed from the outer envelopes as a group. The unidentified second envelopes shall then be opened and the ballots counted with the regular ballots.
Section 7.
The membership of the Local, in accordance with the Labor Management Reporting and Disclosure Act of 1959 as amended, shall be notified of the pending nominations and elections of officers by mail at their last known address at least fifteen (15) days prior to the nominations and elections, and by posting on all approved bulletin board in the work places of all members at least fifteen (15) days prior to the nominations and elections.
Section 8.
In the event of a permanent vacancy in any office, it shall be the duty of the Executive Board to order an election by the members to fill such vacancy for the remainder of the term, provided that at that time more than ninety (90) days remain of the vacated term of office, otherwise, the office shall remain vacant until the next regular election.
Section 9.
The officers of the Local serving as President and Vice Presidents when elected to office shall also be elected as Delegates to the National Union convention, and, in accordance with the Labor-Management Reporting and Disclosure Act of 1959, as amended, the nomination and election process for officer, including the notice of nominations and election and the voting ballots shall include "UWUA National Convention Delegate." Additional Delegates and Alternates shall be nominated and elected in the manner prescribed in the National Constitution.
ARTICLE VI
Section 1.
The President shall preside and preserve order at all meetings of the Local, enforce the rules, appoint special committees, and transact such other duties as are usual to the Office of President or that may be required of her/him by the Local. In the absence of the Secretary-Treasurer, he/she shall be empowered to negotiate Local funds. He/she shall coordinate the work of all Committees and be an Ex-Officio member thereof, except the Nominations and Election Committee in the event he/she is a candidate for office or delegate.
Section 2.
The Vice President from the area were the President was elected from shall act as President in the absence of that Officer or in the event that a vacancy occurs in that Office until the vacancy is filled by election as provided in this Constitution and the Vice Presidents shall transact such other duties as are usual to the Office of Vice President or that may be required of her/him by the Local.
Section 3.
The Secretary-Treasurer shall receive, receipt and account for all money passing through the Local. He/she shall furnish all supplies pertaining to the Local; pay all bills authorized by the Local. He/she shall pay all per capita taxes to the National Union and all other federation affiliations. He/she shall deposit all monies in the bank within five (5) business days of receipt, and shall transact such other duties as are usual to the Office of Secretary-Treasurer or that may be required of her/him by the Local. Performance bonds shall be obtained to protect funds and performance in office. He/she shall keep a complete financial record and make a monthly report as to the Local's current financial condition. All disbursements whenever practical shall be made by check. He/she shall have the audit of the financial books performed by the Trustees every six (6) months sent to the National Union Secretary-Treasurer.
Section 4.
The Recording-Secretary shall keep a true record of all local meetings and contract negotiations. He/she shall keep all records of the local. Shall transact as are usual to the office of Recording-Secretary or that may be required of her/him by the Local.
Section 5.
The trustees shall audit the financial books and accounts of the Secretary-Treasurer semi-annually, verify the bank accounts of the Union, and report their finding at a Local meeting. One trustee will be designated Chief Trustee and will be the Chairperson of the Grievance Committee.
Section 6.
The Sergeant at Arms shall keep order at all meetings and object or censor a member upon orders of the President.
Section 7.
Shop stewards shall deal with the Company on all grievances brought to their attention by the members they represent as soon as possible. They shall be the contact between the Local and the members and shall report all matters handled by them to the Local officers and/or members. Any member who has a complaint against another union member (be it personal or work related) shall report the incident to their shop steward immediately, which in turn will report it to the Acting President. If it is not resolved it shall be handled under accordance with the National Constitution. No union member shall report a complaint against another union member to the City, unless it is decided by the union members at a regular or special meeting to do so. Any union member who violates this shall be brought up on charges recommended and enforced by the Local in accordance with the National Constitution.
Section 8.
The Executive Board shall be the governing body of the Local when the Local itself is not in session. It shall be the administrative body of the Local, and shall be bound by motions and resolutions duly adopted by the membership. All matters pertaining to or affecting the policies, aims and means of accomplishing the purpose of this Local, not provided for in the National Constitution and by-laws, and not properly the subject of a motion or a resolution adopted by the majority of the membership, shall be decided by the Executive Board, provided that all decisions are in accordance with the aims and policies of the UWUA and the AFL-CIO.
No agreement shall be made between the Local and the Employer without a majority agreement Of the Executive Board, Such agreement will require signatures of the local President and one other officer, and the City Manager or his designee to be binding on the Local.
It shall meet at the discretion of the President or any other Board member when requested. The Local, subject to the approval of the membership, shall pay for an itemized bill of expenses incurred by the Board.Section 9.
Any Officer, Executive Board Member or Steward who misses more than 50% of the general or special meetings of the Local in a calendar year, without an acceptable excuse, shall be removed from office and the vacancy filled in accordance with these Bylaws.
ARTICLE VII
MEETINGS
Section 1.
Regular meetings shall be held on a designated day of each month. Except for the month of December.
Section 2.
Meetings will be called to order at a designated time and no business shall be transacted unless a quorum is present.
A quorum shall consist of ten members.
Section 3.
Notices of meetings shall be posted on approved bulletin boards of the various work locations.
Section 4.
Special meetings may be called by the President or by petition of twenty-five percent (25%) of the membership. The call for a special meeting must state the business for which it is called and no business shall be transacted except that for which the meeting is called. Notices of special meetings must be posted on approved bulletin boards at least three (3) business days prior to the date of that meeting.
ARTICLE VIII
COMMITTEES
Section 1.
The standing committees shall consist of:
A. Bargaining Committee
B. Grievance Committee
C. Organizing Committee
D. Bylaws and Standing Rules Committee
E. Nominations and Election Committee
The members of standing committees shall be appointed and may be removed by the President subject to the approval of the membership. The members of each standing committee shall elect a Chairman and a Secretary and report to the President and Executive Board and membership on their activities.
The Bargaining Committee shall consist of the President, Vice Presidents, Secretary-Treasurer, and Recording-Secretary. Stewards will be brought into negotiations on an as need basis.
The Grievance Committee shall consist of the Chief Trustee who shall be the Chairperson, President, Vice President from the grievant area, Recording Secretary and the Steward of the Grievant's Department.
No candidates for office may serve on the Nominations and Election Committee.
ARTICLE IX
Section 1.
The Local will compensate any member authorized to represent it on Union business for any lost time wages, meals, lodgings and transportation, including mileage for use of her/his personal vehicle. Lost time wages shall be limited to the standard eight (8) hour day, no overtime premiums shall be paid.
ARTICLE X
Section 1.
All charges and trials relative to members, officers, or elections shall be conducted in accordance with the National Constitution.
ARTICLE XI
OATHS
Section 1.
New members, before being admitted to full membership, shall make the following affirmation: "I, _________________, sincerely promise on my honor, that I will abide by the Constitution and Bylaws of the Utility Workers Union of American, AFL-CIO, and Local # 604, and that I will protect and promote the interests of the Union and bear true and faithful allegiance to these principals at all times. I promise, on my honor, to faithfully live up to these promises as long as I remain a member of the
Section 2.
Before entering upon the duties of their respective Offices, all newly elected officers shall make the following pledge: "I, _____________, do hereby sincerely pledge, upon my honor, to perform the duties of my Office as required by the Constitution and Bylaws of this Local and the Utility Workers Union of America, AFL-CIO. I will deliver to my successor in office all books, papers, records, and other property of Local 604 that may be in my possession at the close of my official term."
ARTICLE XII
AMENDMENTS
Section 1.
These Bylaws may be amended at a properly called meeting by a two-thirds vote at a properly announced meeting, providing that the proposed amendments have been clearly read aloud at the preceding meeting.
Section 2.
These Bylaws and all amendments shall be sent to the National President for approval and shall not be in conflict with the National Constitution.
ARTICLE XIII
Section 1.
The Chairman shall call the meeting to order and the order of business shall be as follows:
A. Pledge of Allegiance to the Flag.
B. Observation of a moment of silent prayer for past deceased members.
C. Roll call of Officers.
D. Reading of the previous meeting's minutes.
E. Financial report.
F. Reception of new members.
G. Reading of communications.
H. Report of Officers, Committees, and Delegates.
I. Unfinished business.
J. New business.
K. Nominations, election and obligation of Officers.
L. Good and welfare of the Local.
M. Adjournment.
Section 2.
The regular order of business may be suspended by two-thirds (2/3) vote at any time to dispose of anything urgent.
Section 3.
The following standing rules shall prevail at membership meetings, and may be suspended by a two-thirds vote.
The maker of a motion shall, prior to stating the motion, identify him/herself by name.
All substantive motions shall be submitted in writing; prior to they’re being made, and shall be signed by the maker.
The maker of a motion shall be given the first opportunity to speak on that motion.
After a motion has been made and seconded, and prior to debate, the chair must restate the motion.
No member shall speak in debate longer than five minutes at one time, unless permission is granted by a majority of those voting.
No member shall speak in debate a second time unless all who wish to speak on the question have spoken.
No member shall speak in debate more than twice to the same question during the same meeting, unless permission is granted by a majority of those voting.
After debate has been closed and prior to voting, the chair must restate the motion.
All votes shall be by a show of hands, except as provided for herein.
A roll call vote shall be taken only after approval by a majority of those voting. The motion for a roll call vote shall be out of order when a motion for a secret ballot is pending or has been adopted.
A secret ballot vote shall be taken only after approval of a majority of those voting.
A Division may be called by one member or by the chair; once called for, a new vote must be taken by the Chair.
The Chair may call for a teller count if uncertain about the vote. A motion by a member for a teller count shall require a second and a majority of those voting.
The motion to Reconsider any motion which may be reconsidered, must be made at the same meeting at which the original motion was made and acted upon, and may only be made by a person who voted on the prevailing side.
New business items shall be submitted in writing prior the opening of New Business.
New business items not acted upon or referred prior to the adjournment of the meeting will be the first items of New Business at the next regular meeting.
The Order of Business may be amended by a two-thirds vote.
These Standing Rules may be suspended by a two-thirds vote.
Non-voting members or guests shall be seated separately from voting members at meetings.
Executive Session may be called by a majority of those voting.
Any member, when appropriate may make Points of Order, and the Chair shall make a ruling on the Point of Order.
Any member, when appropriate may make appeals from the Decision of the Chair; a majority or a tie vote shall uphold the decision of the chair..
Section 4.
The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the proceedings of the Local in all cases to which they are applicable provided they are not inconsistent with these Bylaws.
CONSTITUTION COMMITTEE
1. _____________________________________s/
2. _____________________________________s/
3. _____________________________________s/
4. _____________________________________s/
5. _____________________________________s/
DATE: _________________________________
APPROVED BY: ________________________s/
National President
_________________________
Date: September 22, 2010