Utility Workers Union of America
Local 612 - AFL / CIO
By-Laws
QUALIFICATIONS FOR GOOD UNION MEMBERS
A good Union member is a good citizen. The two go together.
A good union member:
Participates in ALL Union activities;
Defends his Union against anti-labor elements in ALL walks of life;
Helps his Union fight ALL forms of discrimination because of race, creed, color and sex;
Attends ALL Union meetings and reads ALL Union publications;
Renders a fair day’s work for a fair day’s pay and conducts himself with dignity and good manners;
Is honest in his dealings with his co-workers, his employer, his fellow Unionists and his fellow citizens;
Respects the democratic traditions of our nation, registers as a voter and casts his ballot in elections on the local, state and Federal level.
A good union member, in short, is a man or woman who is a good person.
ARTICLE I Name and Purpose
Section 1:
This organization shall be known as Utility Workers Union of America Local 612, AFL-CIO, hereinafter referred to as the Local Union.
Section 2:
The purpose of the Union is to provide means whereby the members of the Union may bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and to represent all members of the bargaining unit in matters dealing with wage, hours of work, working conditions and the adjustment of grievances.
Section 3:
The Local Union shall have the authority to coordinate collective bargaining in the interest of the members.
Section 4:
This Local Union shall have such jurisdiction as granted and approved by the National Union in accordance with the National Constitution.
ARTICLE II Membership
Section 1:
Any person employed within the jurisdiction of this Union shall be eligible for membership.
Section 2:
There shall be no discrimination against any member, or any applicant for membership, by reason of race, creed, color, religion, sex, sexual orientation, national origin, ancestry, age, or disability, or because of non-membership in the Local Union. Any reference to gender within this document shall apply to male or female.
Section 3:
Anyone eligible for membership who fills out a membership application form authorizing dues check-off, and presenting the same to his/her representative shall be considered a member in good standing at that time subject to the following provisions; A member in “good standing” includes any person: (a) who has fulfilled the requirements of the Local for membership, (b) who has fulfilled the requirements of the National Union for membership, (c) and who has neither voluntarily withdrawn from membership nor has been expelled or suspended from membership after appropriate proceedings consistent with the lawful provisions of these By-Laws and the National Constitution.
Section 5:
Newly elected members before being admitted to membership shall subscribe to the Membership Obligation set forth in these By-Laws. Every member by virtue of his/her membership in this Local Union, is obligated to adhere to and follow the terms of the National Constitution, and the working rules promulgated in accordance with these By-Laws, with respect to his rights, duties, privileges, and immunities conferred by them and by statute. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of fellow members.
Section 6:
Every member by virtue of his membership in this Local Union, authorizes this Local Union to act as his exclusive bargaining representative with full and exclusive power to execute agreements with his employer governing terms and conditions of employment and to act for him and have final authority in presenting, processing, and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement or out of his employment with such employer, in such a manner as the Local Union or its officers deem to be in the best interests of this Local Union. This Local Union and its officers, and representatives may decline to process any grievances, complaint, difficulty, or dispute if in their discretion and judgment such grievance, complaint, or dispute lacks merit or otherwise does not warrant further processing.
Section 7:
No member shall interfere with the elected officers or representatives of this organization in the performance of their duties and each member shall when requested, render such assistance and support in the performance of such duties as may be required of him, provided that this does not interfere with his individual rights as a member. Each member shall adhere to the terms and conditions of the pertinent collective bargaining agreement and shall refrain from any conduct that would interfere with the performance by this Local Union of its legal and contractual obligations.
Section 8:
No member shall engage in dual unionism or espouse dual unionism or disaffiliation in the course of any meeting, bring false charges against this Local Union, its members, or its officers, and shall not be party to any activity to secure disestablishment of this Local Union as the collective bargaining agent for any employee.
Section 9:
No member shall be permitted, at any assembly or meeting of other members, to engage in any of the conduct herein described.
Section 10:
Nothing contained in this Article shall limit the rights and remedies of any member of the Union under any State or Federal Law or before any court or tribunal, provided the member has exhausted all his rights and remedies under these By-Laws and the National Constitution, subject to applicable laws.
ARTICLE III Officers
Section 1:
The Officers of Local 612 shall consist of a President, 1st Vice President, 2nd Vice President, Recording Secretary, Financial Secretary-Treasurer and two Officers at Large from the bargaining unit that was represented by UWUA Local 242 and two Officers at Large from the bargaining unit that was represented by USW Local 12050. The At Large officers are necessary to effectuate the merger of UWUA Local 666, UWUA Local 242 and USW Local 12050 into UWUA Local 612. The At Large officers will cease to exist on November 1, 2018, the Officers of Local 612 shall consist of a President, 1st Vice President, 2nd Vice President, Recording Secretary and Financial Secretary-Treasurer.
Section 2:
(A) The regular term of all officers shall be three (3) years and shall commence on January 1st.
(B) No member shall be eligible for nomination or election as an Officer unless he is a member in good standing of the Local Union prior to nomination. No person who has been convicted of a felony as defined in Section 504 of the Landrum-Griffin Act shall, in accordance with the provisions of the applicable law, be eligible to hold office in this Local Union. Any member who is appointed as a teller and who later becomes a candidate for Office shall automatically become ineligible to serve as a teller, another teller shall be appointed to replace him.
(C) No Union Officers may interview for Management openings without first resigning their position with the Union. Refusal to resign will result in removal by the Executive Board.
Section 3:
(A) Officers shall be elected by secret mail ballot among the members in good standing. Notice of nominations for Offices must be posted or mailed to each member in good standing at his last known address the first Monday in September prior to the nomination meeting. Nominations will be held at the regular Executive Board meeting in September at a time and location designated by the President and the election will be held the second Saturday in November. Ballots will be mailed to each member in good standing at his last known address by November 1st. Such ballots shall specify nominee's name, and Office of candidacy. Ballots will be returned by mail to a post office box location designated by an Officer from the Local, on or before the second Saturday in November. The candidates receiving a plurality of the votes shall be elected.
(B) Nominations for President will occur at the next regular Executive Board Meeting after the Bylaws are ratified. Nominations for office of 1st Vice President and Financial Secretary-Treasurer will occur at the September 2017 Executive Board meeting. Nominations for offices of 2nd Vice President and Recording Secretary will occur at the September 2018 Executive Board Meeting. The officers currently holding the positions of President, 1st Vice President, 2nd Vice President, Financial Secretary-Treasurer and Recording Secretary shall continue to hold their offices until their successors are elected and qualified. Subsequent to the initial Local Union elections referenced above, the elected officers of the local Union will occur every three years. On November 1, 2018, the four At Large Officer positions will cease to exist as officers in Local 612.
(C) The President shall appoint a head teller prior to the annual nomination meeting, who shall serve for the ensuing calendar year.
(D) The nomination and election procedure is outlined as follows: Acceptance for nomination and statement of eligibility and intent will be made available to each member in good standing.
STATEMENT OF ELIGIBILITY AND INTENT
“I am a member in good standing of, UWUA Local 612. I am not prohibited from holding office under Section 504 of the Landrum-Griffin Act. I shall serve in the Office for which I have been selected.”
Date __________ Signed: ____________________________
Witnessed by: __________________________________
(D) The nomination procedure for Officers is outlined as follows: Any member seeking nomination for Office, must submit a signed statement of eligibility no later than ten (10) days after the nomination meeting. A candidate cannot seek more than one Office in each election.
1. Opening of nominations
2. Accepting nominations
3. Closing nominations
The President shall appoint a timekeeper who shall limit a member’s time on the floor in support of a candidate. Members shall be permitted time on the floor to specify reasons why they believe a candidate should be elected, however, no member shall be permitted more than five (5) minutes in which to specify said reasons.
(E) The election procedure for Officers is outlined as follows:
The President, prior to the elections, shall appoint two (2) additional tellers who shall assist the head teller in conducting the election or elections.
The head teller and assistant tellers shall be responsible for preparing, mailing, picking up, and tabulating of ballots.
The President shall provide the tellers with a complete up-to-date mailing list of all eligible members in good standing.
The tellers shall prepare for mailing, the ballots, and a pre-addressed stamped envelope and mail to all eligible members in good standing.
The tellers shall pick up the ballots just prior to Post Office closing on Election Day. This Post Office name and box number shall be used for the return of ballots.
The tellers shall count the ballots at a place mutually agreed to. Election return forms shall be forwarded to the President for distribution to the appropriate locations.
Each candidate must be permitted to have an observer at the counting of the ballots.
At all elections, write-in votes on the ballot will make the ballot invalid. No proxy ballots are permitted.
Section 4:
In the event a vacancy in any Office by reason of death, resignation, or otherwise, the President prior to the next regular or special meeting, shall appoint an eligible member to fill said vacancy until the next regular election. All appointed Officers shall be approved by a majority of the Executive Board at said meeting.
Section 5:
All Officers and employees handling any moneys of this Local Union shall be bonded in the amounts and the form required by applicable statutes, said bond or bonds to be procured immediately upon assuming office or employment, the premiums to be paid for by this Local Union. The Secretary-Treasurer of the National Union may direct the increase or decrease in the amount of the bond when he deems it advisable.
ARTICLE IV Duties of Officers
President: It shall be the duty of the President to preside at all meetings of this Union and its Executive Board and conduct same in accordance with Parliamentary Rules and in conformity with these By-Laws; to execute the laws and orders thereof; to vote on all questions where it is necessary to make a choice; to appoint all committees unless otherwise provided for, of which committees he shall be an ex-officio member. He shall have authority to counter-sign all orders and checks drawn from the treasury, which have been approved by the representatives. He may direct the Recording Secretary to call special meetings of the representatives at any time deemed necessary by him or at the request of a majority of the representatives. He shall appoint an auditing committee to consist of three members, one shall be a representative and two shall be eligible members who are not representative, and/or designate a certified public accounting firm to audit the books of this Union. He shall, when authorized by the Local Union, have the power and authority to sign all contracts and agreements or any other documents for or in behalf of the Local Union, unless otherwise provided for in these By-Laws.
1st Vice President: The 1st Vice President shall perform the duties of the President in the absence of that Officer, and in the case of the resignation or death of the President, shall perform the duties of the President, until such vacancy is filled by an election as provided for by this Constitution. He shall also preside at meetings, when the President may be temporarily unable to discharge his duties. He shall also have authority to counter-sign checks in the absence of the President or Financial Secretary-Treasurer.
2nd Vice President: The 2nd Vice President shall act in the absence of the 1st Vice President or Recording Secretary or Financial Secretary-Treasurer. He shall also have authority to counter-sign checks in the absence of the President or Financial Secretary-Treasurer.
Recording Secretary: It shall be the duty of the Recording Secretary to keep a correct and impartial account of the proceedings of each meeting of the Local Union and Executive Board. He shall furnish the chairman of each committee a copy of such resolutions as may be adopted by the Local Union, applicable to its respective duties. He shall notify the Secretary-Treasurer of the National Union of the names, address, and zip codes of all officers elected to office within fifteen (15) days after the election. The Recording Secretary shall, on behalf of the Local Union, receive all official communications and correspondence except that addressed to the Financial Secretary-Treasurer. He shall also have authority to counter-sign checks in the absence of the President or Financial Secretary-Treasurer.
Financial Secretary-Treasurer: The Financial Secretary-Treasurer shall be responsible for all financial records and transactions. He shall have authority to counter-sign checks. He shall collect all dues and other revenues of this Local Union. It shall be the duty of the Financial Secretary-Treasurer to receive all the moneys paid to the Local Union giving a receipt for same, announcing receipts and disbursements at each regular meeting: he shall deposit all moneys in a bank recommended by the Executive Committee; keep records of all dues payments and all other money received and expended; submit financial statements at each regular meeting of the Local Union; pay all bills ordered by the Union when counter-signed by two (2) duly authorized Officers ; he shall not hold more than twenty-five dollars ($25.00) in his possession to meet the immediate demands of the Local Union; he shall submit his books and receipts to the auditing committee and /or certified public accounting firm designated by the President, for their audit and approval within thirty (30) days after the end of the fiscal year, at expiration of his official term of Office, or resignation, and shall turn over to his successor all moneys and properties of the Local Union that may be in his possession. The Financial Secretary-Treasurer shall promptly forward to the National Secretary-Treasurer copies of all annual audit reports and copies of all financial reports setting forth a statement of liabilities and a statement of receipts and disbursements, which are required by law. All funds shall be deposited in a bank in the name of the Local Union. The Financial Secretary-Treasurer shall keep all membership records and application cards and a record of all members admitted by initiation or otherwise, as well as rejections and suspended or expelled members. The Financial Secretary-Treasurer shall send to the National Union an accurate record of all dues payments and other revenue and he shall forward to the National Secretary-Treasurer and to any state council with which this Local is affiliated the correct names, addresses, zip codes, of all members of the Local and every month shall submit all changes of addresses, the names and addresses of all members initiated or readmitted, and of all other persons from whom revenue is derived, as well as those suspended for nonpayment of dues, or for any other cause, also a correct list of those who take a transfer or withdrawal cards and other membership information as specified by the National Union.
District Coordinators: The Recording Secretary-Financial Secretary-Treasurer, 1st Vice President and 2nd Vice President will serve as District Coordinators. The President will appoint these Officers to jurisdictions, which may vary from time to time. District Coordinators will assist the Executive Board in administering the program, policies, and procedures of the Local Union, and may preside at Local Union meetings or other meetings, as directed by the President.
Executive Committee: The Executive Committee shall consist of the President, 1st Vice President, 2nd Vice President, Recording Secretary, and Financial Secretary-Treasurer. All decisions of the Executive Committee, except as otherwise provided herein, shall be made by a majority vote of those present. A majority of the Executive Committee members shall constitute a quorum. The Executive Committee shall exercise the executive functions of the Local Union between meetings. The Executive Committee shall enforce the laws of the National Union, the Local By-Laws, the instructions of the Local Union and its own decisions. It shall negotiate, bargain collectively and deal with the Company on behalf of all members of the bargaining unit concerning wages, hours of labor, working conditions, matters of policy affecting the welfare of employees as a whole, adjustments of grievances, or other matters of mutual interest. The Executive Committee is empowered to enter into and execute for and on behalf of the membership of the Union, agreements, contracts, stipulations or other instruments pertaining thereto, provided however, that no agreement shall be entered into with the company which affects the wages of all employees as a whole unless such agreement shall be first approved by a vote of the members of the Union. If additional detail is needed by the Committee in making decisions with regard to specific issues, the appropriate representative(s) shall be contacted. The Executive Committee shall have the right to authorize the attendance of any Officer or representative at any meeting with approval by majority vote of the Executive Committee.
Executive Board: The President, 1st Vice President, 2nd Vice President, Recording Secretary and Financial Secretary together with a minimum of ten (10) elected representatives, as designated in Article 4 Section 1, plus any additional representatives added pursuant to Article 4 Section 4, shall constitute the Executive Board. The business of the Local shall be conducted by and under the control of the Executive Board. The funds, books, vouchers, receipts, etc. of the Union shall at all times be under the Executive Board and be subject to their inspection. All decisions of the Executive Board except as otherwise provided herein shall be made by a majority vote of those present. A majority of the Executive Committee members and the Executive Board members shall constitute a quorum.
Section 1:
Representatives: The elected Representatives shall be chosen by the members of the various districts, said voting districts being assigned a minimum number of representatives as follows:
District Minimum Number of Representatives
1 Valley 1
2 Kiski 1
3 Hopewell 1
5 Altoona 1
6 Grove City 1
7 Waynesburg 1
8 Central 1
9 Pitt Street 1
10 Gibsonia 1
11 Johnstown 1
12 Northern Stations 1
13 Allegheny 1
14 Indiana 1
15 Butler 1
16 McKeesport 1
17 Ginger Hill 1
Section 2:
(A) No member shall be eligible for nomination or election as a representative in this Local Union unless he is a member in good standing of the Local Union, prior to nomination. No person who has been convicted of a felony as defined in Section 504 of the Landrum-Griffin Act shall, in accordance with the provisions of the applicable law, be eligible to hold Office in this Local Union. Any member who is appointed as a teller and who later becomes a candidate for representative shall automatically become ineligible to serve as teller, another teller shall be appointed to replace him. Term of Office shall be two (2) years effective January 1st.
(B) Nomination sheets for names of candidates to be nominated for the Office of representative shall be posted on all bulletin boards and in such other places where members congregate. Said sheets shall be posted by the 1st Monday of October before the election and shall remain posted for fifteen (15) days.
(C) If necessary, ballots will be mailed by November 15th. Ballots will be returned by mail to a post office box location designated by an Officer from the Local, on or before December 1st. The candidate(s) receiving a plurality of the votes shall be elected.
(D) Representative elections shall be conducted by the Union Head Teller and two (2) assistants and shall be by secret ballot as specified in Article III, Section 3 (E) and so to avoid any influence or interference with the votes. Each qualified voter shall be supplied with a ballot upon which shall be typed or printed the name of the candidate(s) in his district. Each voter shall indicate his preference by marking opposite the candidate of his choice. Write-in votes on the ballots are not permitted.
Section 3:
(A) In the event of a representative being removed from contact with the employees whom he represents for three months regardless of the cause, the members of that district shall be privileged to meet and declare the post vacant and shall charge the offending person. This will be done by a majority vote of the district. At such meetings two tellers shall be appointed for the purpose of conducting the vote. The charged person shall then have the right to a hearing and appeals under Article VIII of these By-Laws and under the National Constitution
(B) Any representative proven guilty of malfeasance or nonfeasance or convicted of a felony as defined in Section 504 of the Landrum Griffin Act, after a thorough investigation, shall be dismissed from office by a two-thirds majority vote of the members in the representative’s district.
(C) No Local representatives, may interview for Management openings without first resigning their position with the Union. Refusal to resign will result in removal by the President.
(D) Representative vacancies shall be appointed by the President for the remainder of the term until the next regular election.
(E) Each representative shall study the various programs and terms of the Agreement between the Local Union and the Employer and shall report fully violations to the Executive Board.
(F) Representatives may not represent any employee outside the bargaining units for which the Union has agreements.
Section 4:
If in the opinion of the Executive Board there develops a need to delete, add, or reinstate a representative position, a majority of votes of the Executive Board would be required. In the event of an equally divided opinion, the President will cast the deciding vote.
ARTICLE V Initiation Fees, Dues and Assessments
Section 1:
The revenues of this Local Union shall be derived from initiation fees, monthly dues, fines and assessments, and such other sources as may be approved by the Executive Board of Local 612.
Section 2:
All new employees joining Local 612 shall pay a twenty-five dollar ($25.00) initiation fee, payable to the Financial Officer, by payroll deduction.
Section 3:
The dues of the Local Union shall be 1% of the gross pay a month per member and shall not be less than the minimum dues established by and in accordance with the National Constitution. Payment shall be made by payroll deduction as specified by the Financial Secretary-Treasurer and no money shall be refunded. 10% of union dues shall be invested in a separate strike fund established within said this Local for the financial assistance of members in good standing. Disbursements of the strike fund shall only be made at the discretion of the Executive Board, during a legally sanctioned strike or in the event of a lockout.
Section 3 (a):
For the purposes of accounting and distribution, Strike Funds will be held separately and only members on strike or locked out are eligible to receive distributions from this fund.
Section 4:
Fines and assessments are payable to the Financial Secretary-Treasurer through payroll deductions.
Section 5:
All members of the Local Union are under a positive duty to see that their dues, fines and assessment are paid on or before the last day of the month in which the same are due and the Local Union must remit the members per capita tax to the National Union not later than the last day of the month following the month in which payment was made by the member.
Section 6:
Any member failing to pay dues, fines and assessments to the Local Union on or before the last day of the month in which the same are due shall stand automatically suspended from membership in this Local Union and from all rights and privileges of such membership. Any suspended member may be readmitted to membership within thirty (30) days after automatic suspension upon payment of back and current dues, fines, and/or assessment, but in no event shall such readmission restore any privileges, death gratuities or other benefits. A member who has been in suspension for a period of greater than thirty (30) days can be readmitted upon the payment of reinstatement fee, dues, fines and assessment. In addition, the member will be subject to termination of employment for failing to pay the regularly established union dues and/or regularly established assessments levied on all members, according to any current Bargaining Agreement in effect at that time and according to the legal procedures that may be required to be followed at that time.
Section 7:
A suspended member may be reinstated at any time upon presentation of their application form together with a reinstatement fee of $50.00.
Section 8:
At his request, upon leaving the employment of a company covered by a contract with the Local Union, a member may be issued a withdrawal card provided all of his dues and assessments shall have been paid up to the date of his application for such withdrawal card.
Section 9:
A member taking out a withdrawal card from this Local Union shall be entitled to no benefits of any kind. A withdrawal card shall become null and void two (2) years after its issuance.
Section 10:
Except as otherwise provided in the National Constitution, any future change in the amount of dues or initiation fees set forth in this article shall be established by the Executive Board, but effective only after said change is presented to the membership for approval at district meetings or membership mailings. Approval by a majority of those voting by secret ballot shall be required to effect any change in the amount of dues and initiation fees. If district meetings are held the tellers shall be responsible for providing absentee ballots to members who are on a normal work schedule at the time said vote is being taken, tabulating of ballots and sending the results to the Union Head Tellers for computation. If membership mailings are used they will be handled according to the Landrum-Griffin Act. The Union shall notify the membership of the election results and shall keep the ballots for a period of one (1) year. The Union Head Teller shall send the results of the total membership vote to the Recording Secretary for distribution to local areas.
Section 11:
This Local Union shall pay per capita tax to the National Union for any persons from whom the Local Union receives revenue, whether called dues or otherwise. This Local Union shall have no rights to pay any bills before it pays its full obligation to the National Union each month.
Section 12:
All records of this Local Union pertaining to income, disbursements and financial transaction of any kind whatsoever must be kept for a period of at least six (6) years or longer if required by applicable law.
ARTICLE VI Collective Bargaining
Section 1:
The Executive Committee, as defined in Article IV is the Negotiating Committee and such Committee shall have the authority to bargain collectively for Local 612.
Section 2:
A membership vote may be held prior to or during contract negotiations for the purpose of vesting in the Committee the full authority to strike the Employer if in the Committee’s discretion circumstances exist which warrant such action. A secret ballot vote shall be taken by the membership with the majority vote of those members in good standing and voting, prevailing.
Section 3:
Upon determining to submit an Employer contract offer to the membership for consideration or upon reaching a tentative agreement with the Employer, the Negotiating Committee will immediately mail to each Union member a comprehensive list of all proposed contract changes. One week after the mailing, the Negotiating Committee may hold meeting(s) throughout each Union Division for the sole purpose of describing the proposed changes and may allow the Union membership in good standing to vote upon the Contract. Votes will not be counted at any location prior to the last explanation meeting.
Section 4:
The Committee shall have full authority as to which offers, if any, of the Employer it shall bring back to the membership for ratification. Prior to or after the expiration date of the then existing labor agreement, the Committee may present to the representatives at locations, designated by the President, any final offer of the Employer if in the opinion of the Negotiating Committee, such offer should be presented for consideration. The Committee may also present the final offer to the membership at meeting(s) designated by the President. If the offer is to be presented to the membership, at said membership meeting(s), a secret ballot may be taken on the Employer’s final offer. It shall require a majority of members in good standing present and voting to accept or reject the Employer’s final offer. A rejection of the Employer’s final offer shall automatically vest in the Committee the full right to strike the Employer, if in the Committee’s discretion, circumstances exist which warrant such action. A rejection shall likewise authorize the Committee to continue negotiations with the Employer.
Section 5:
If one mass meeting is held, the President shall appoint a minimum of two (2) tellers to count the ballots and report the results to the President at such meeting. If local meetings are held, a minimum of two (2) tellers will count the number of ballots and reconcile that number with the number in attendance. After doing so, the tellers will seal the ballots in an envelope to be kept until the last explanation meeting is held. Members of said meeting(s) shall vote by secret ballot to accept or reject the proposed contract package. The results of this balloting will then be vested in the Negotiating Committee as set forth above.
Section 6:
A true copy of all collective bargaining agreements and contracts entered into by this Local Union shall immediately, upon execution, be filed with the National Union.
ARTICLE VII Strikes and Lockouts
Section 1:
This Local Union shall not strike without previous notification to the National President, , in which notice this Local Union, has stated that it has complied with all applicable notice requirements. If this Local Union fails to give such notice, the National President may withhold sanction for the strike called by this Local Union.
Section 2:
Any Union member who refuses to participate in a strike sanctioned by the National, or refuses to participate on a picket line, or refuses to perform any other assignment from the leadership of Local 612, will be fined an amount of one hundred ($100) dollars per day, for non-participation for the duration of the strike. Any member who fails to stand picket duty will also forfeit their rights to any withdrawal or distribution from the Strike Fund and face possible suspension or expulsion from the Local Union. A Local Strike Committee will be appointed by the Executive Board. The Local Strike Committee will be responsible for ruling on individual cases appealed. The member(s) may appeal the Strike Committee’s decision to the Executive Board. Such member(s) will be afforded an opportunity to present evidence for justification of non-participation to the Committee(s).
ARTICLE VIII Charges and Appeals
Section 1:
Whenever charges are preferred against any member or Officer of this Local Union, the charges shall be filed in writing in duplicate with the Recording Secretary. A written copy of such charges specifying the nature of the offense of which he or she is accused shall be served upon the accused either personally or by certified mail directly to the last known address of the accused at least ten (10) days before the hearing of the charges. The charges must specify the events or acts, which the charging party believes, constitute the basis for charges and must state which provision(s) of these By-Laws and/or the National Constitution which the charging party believes has been violated. If the charges are not specific or fail to state a claim, the trial body may dismiss the charges without hearing. The charging party shall have the right to re-file more detailed charges which comply with this Section. No charges may be filed more than six (6) months after the charging party learned, or could reasonably have learned, of the acts, which are the basis of the charges.
Section 2:
The Local Executive Board shall be the Trial Board, except that where the member charged or preferring such charges is a member of such Board, the remaining members of the Executive Board shall appoint a disinterested member as a substitute.
Section 3:
The decision of the Executive Board shall be deemed final unless the individuals against whom said decision shall have been rendered files with the Recording Secretary a written request to appeal the decision of the Executive Board to the general membership of the Local Union, in accordance with the provisions of the National Constitution. Anyone appealing a decision of the Executive Board shall be permitted to present his case to the general membership of the Local Union and shall thereafter be temporarily excused from the meeting during the discussion and voting following his presentation. A two-thirds vote of the general membership present shall be required in order to overrule the decision of the Executive Board. The Executive Board shall have a voice but no vote in connection with appeals. Further appeals shall be in accordance with the National Constitution.
Section 4:
Any member under charges may have another member of this Local Union act as counsel to represent him in the presentation of his defense.
Section 5:
Charges and the basis for charges shall be governed by the provision of these By-Laws and the National Constitution.
Section 6:
In the event disciplinary action is taken against the accused, appeals may be taken in accordance with the provisions of these By-Laws and the National Constitution. Any member subject to charges shall have all rights afforded him under these By-Laws and the National Constitution.
Section 7:
Subject to the provision of applicable statutes every member or officer of this Local Union against whom charges have been preferred and disciplinary action taken agrees, as a condition of membership or affiliation, and the continuation of membership or affiliation, to exhaust all remedies provided for in these By-Laws and the National Constitution, and further agrees not to file or prosecute any action in any court, tribunal, or other agency until those remedies have been exhausted.
Section 8:
It is understood that a complaint or protest concerning application of the provisions of this organization's By-Laws, by its Officers, or its representatives, submitted by any member or members, shall be considered void unless the complaint or protest is instituted within ninety (90) days of the cause giving rise to such complaint or protest and submitted in writing to the Recording Secretary of the Local Union.
Section 9:
The UWUA Local 612 Member Bill of Rights and Responsibilities in the Union shall be enforced exclusively through the procedures provided in this Article and any decision rendered pursuant to the procedures provided for herein, including any appeals, shall be final and binding on all parties and not subject to judicial review.
ARTICLE IX Amendments
Section 1:
Proposed amendments to the By-Laws must be submitted by any member in writing to the Local Representative or the Union Office. All Amendments will be forwarded to the Chairman of the By-Laws Committee for review. The By-Laws Committee shall provide the Executive Board with a copy of the proposed amendment(s), Committee recommendation, and the reason thereof. A majority vote of the Executive Board shall be required for approval. If approved, said amendments must be submitted to the members of the Union by mail ballot or local meetings, at the discretion of the Executive Board. A simple majority of votes cast will be needed for approval. No amendment shall be valid or become effective until approved by the National Union.
Section 2:
The By-Laws of this Local Union shall at all times be subordinate to the National Constitution and By-Laws, as it may be amended. If any conflict should arise between the By-Laws of this Local Union, or any amendments thereto, and the National Constitution and By-Laws or any amendments thereto, the provision of the National Constitution shall control.
ARTICLE X Separability
Section 1:
Should any part of these By-Laws be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction or any final decision of the National Labor Relations Board, or by provisions of the current working Agreement with the Company, such invalidation of a part of these By-Laws shall not invalidate the remaining portions thereof, which shall remain in full force and effect.
Section 2:
The Local will strive to prevent any Section or Article or portion thereof of these By-Laws from conflicting with any Section, Article, or portion thereof of the Utility Workers Union of America Constitution.
ARTICLE XI Litigation
Subject to applicable law, no member shall bring any action against the National Union, or this Local Union or any Officer thereof, with respect to any matter arising out of the affairs of the National Union or Local Union, unless he/she has exhausted all procedures available under the National Constitution and these By-Laws Any member filing suit in violation of this provision may, in addition to other penalties, be ordered to reimburse the organization(s) or Officer(s) sued for the costs and attorney’s fees expended, or a portion thereof.
ARTICLE XII Dissolution
This Local Union cannot dissolve, secede or disaffiliate while there are seven (7) dissenting members. In the event of secession, dissolution or disaffiliation, all properties, funds and assets, both real and personal of this Local Union shall become the property of the National Union. Under no circumstances shall this Local Union distribute its funds, assets, or properties individually among its membership.
ARTICLE XIII Property Rights
The title of all property, funds, and other assets of this Local Union shall at all times be vested in the Local Union for use on behalf of the membership of this Local Union, but no member shall have any severable proprietary right, title or interest therein.
ARTICLE XIV Expenses
All Officers, Trustees and Representatives shall be reimbursed for reasonable expenses incidental to the performance of their duties.
ARTICLE XV Delegates
Section 1:
By virtue of their office, the President, Financial Secretary-Treasurer, 1st Vice President and 2nd Vice President shall be eligible to serve as Delegates to the National Convention and the Recording Secretary shall be an Alternate Delegate.
Section 2:
The President may upon the approval by majority vote of the Local Executive Board appoint members of the Executive Board to serve as Delegates or Alternate Delegates to affiliated Local Labor Councils and/or Conferences.
ARTICLE XVI Meetings
Meetings shall be held in accordance with these By-Laws.
ARTICLE XVII Affiliations
The Local Union may affiliate with other bodies when authorized by the Executive Board and subject to the approval of the National President.
UWUA LOCAL 612 MEMBER BILL OF RIGHTS AND RESPONSIBILITIES
The right to have opinions heard and respected, to be informed of union activity, to be educated in union values and union skills.
The right to choose leaders of the union in a fair and democratic manner.
The right to a full accounting of union dues and the proper stewardship over union resources.
The right to participate in the union’s bargaining efforts and to approve union contracts.
The right to have member’s concerns resolved in a fair and expeditious manner.
The responsibility to help build a strong and more effective labor movement, to support the organizing of the unorganized workers, to help build a political voice for working people, and to stand up for one’s co-workers and all workers.
The responsibility to be informed about the internal governance of the union and to participate in the conduct of the union’s affairs.
The responsibility to contribute to the support of the union.
The responsibility to treat all workers and members fairly.
The responsibility to offer constructive criticism of the union.
PARLIAMENTARY AUTHORITY
Roberts’s rules of Order shall be the parliamentary authority for the Local Union.
ORDER OF BUSINESS
1. Call to order
2. Roll call
3. Reading of the Minutes
4. Treasurer’s Report
5. Reading of Communications and General Information
6. Committee Reports
7. Unfinished Business
8. New Business
9. Anything for the Good of the Union
10. Adjournment