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Section 1. This organization shall be known as Local No. 264, Transport Workers Union of America, AFL. - CIO.
Section 1(A) The Local shall elect a President, a First (1st.) Vice President, a Financial Secretary-Treasurer and a Recording Secretary, and four divisional Second (2nd.) Vice Presidents. The divisional vice presidents shall be nominated and elected by their respective Divisions. All of whom shall serve for a three-year term.
Section 1 (A) The Local Executive Board (LEB) shall be composed of the elected officers.
Section 2 (A) Subject to the provisions of the International Constitution and these By-laws and to all delegations of authority and assignment of responsibility to the Local Representatives and to the LEB as provided in the International Constitution and Local By-laws, the supreme authority in the Local Union shall be the membership of the Local Union, acting through duly called regular meetings of the local or respective Divisions or sections of the Local meeting separately, as the Local By-laws may provide. Between such meetings, the (LEB) shall have the power and authority to administer the affairs of the Local Union.
Section 3 (A) In the event that a vacancy occurs in the office of First (1st) Vice President, the Local Executive Board (LEB) shall appoint, by a majority vote, one of the Second (2nd.) Vice Presidents to this office.
Should a vacancy occur in any of the office of 2nd Vice Presidents the Local Executive Board (LEB) shall appoint a member to that office from the division.
(B) In the event that a vacancy occurs in the office of Secretary-Treasurer or Recording Secretary, the following procedure shall be followed. If the vacancy occurs during the first twenty-four (24) months of office, a special election will be held. If a vacancy occurs after this time period, a new officer will be appointed by a majority vote of the Local Executive Board (LEB).
The Local Executive Committee (LEC) shall consist of the Local Officers and the Representatives of the Local. Between meetings of the Local Executive Board (LEB), it shall be charged with the responsibility of carrying out and effectuating the policies and decisions of the LEB.
Section 1 (A) The President shall preside at all meetings of the Local Union, the Local Executive Board (LEB) and the Local Executive Committee (LEC). He/she shall sign all orders of the Financial Secretary-Treasurer authorized by the Local Executive Board (LEB) and shall countersign all checks issued by the Financial Secretary-Treasurer against the accounts of the Local Union on authorization of the Local Executive board (LEB). He/she shall enforce the provisions of the Constitution. He/she shall appoint all committees not otherwise provided for.
(B) The President shall ensure that a proper Complaint Form is available to the membership for the purpose of filing their complaints to the Representatives in accordance with Article XXIV of the International Constitution. He/she shall ensure the establishment of a Main Diary for the Local Union and that all the activities and business of the Local shall be entered into said Diary. The President and the Recording Secretary shall ensure that the Main Diary is properly kept. The Main Diary may be viewed by the International and any of the membership upon request to any member of the Local Executive Committee (LEC). He/she shall perform such other duties as the Local Union or the Local Executive Board (LEB) may assign to him/her; and except as to powers and duties specifically conferred on him/her by the Constitution, he/she shall adhere to all decisions and directions of, and be subject to the Local Executive Board (LEB). He/she shall be, ex officio, the delegate to all conventions of the International Union and of all organizations to which the Local is affiliated.
Section 2 The Vice Presidents shall assist the President in the discharge of his/her duties, and during his/her absence the First Vice President shall perform the duties of the President. He/she shall perform such other duties as the Local Union or the Local Executive Board (LEB) may assign to him/her. In the event a vacancy occur in the office of President, the First Vice President shall act as President for the UN-expired term.
Section 3 The Financial Secretary-Treasurer shall receive all monies paid into the Local Union,
including monies receive for welfare or special funds, and give official receipts for all such monies received using the triplicate receipt book supplied by the International Administrative Committee. He/she shall deliver the original receipt to the payer, in triplicate thereof to the International Secretary-Treasurer and retain the duplicate in the files of the Local Union. He/she shall report monthly to the Local Executive Board (LEB) and to the International Secretary-Treasurer on the forms approved by the International Union. He/she shall keep regular books and records of the Local finances and shall submit the same for inspection and audit to a Certified Public Accountant, the cost of such audit to be borne by the Local Union. A copy of such audit shall be submitted to the International Secretary-Treasurer. He/she shall deposit all monies received in the name of the Local Union in such bank or banks as the Local Executive Board (LEB) may direct. He/she shall sign all checks and be the custodian of the Seal of the Local Union. He/she shall keep and supply to the International Secretary-Treasurer a correct record of the full names and addresses of all members who leave the Local Union or who are suspended or expelled.
Before entering upon his/her duties, the Financial Secretary-Treasurer shall deliver a bond as required by the International Union and in an amount to be determined by the International Secretary-Treasurer based on the audit report of the Certified Public Accountant, but not less than five hundred dollars ($500.00). The premium on said bond shall be paid out of the funds of the Local Union.
He/she shall deliver to his/her successor all monies and all other property of the Local Union. On demand of the International Union, he/she shall make available all books and records including the records of any welfare funds for examination and audit.
Section 4 The Recording Secretary shall keep correct minutes of all Local meetings and all meetings of the Local Executive Board (LEB) and record the minutes in the official Local minute Book. He/she shall issue the call for all meeting of the Local Union. He/she shall be responsible for all correspondence with the Local Executive Board (LEB). He/she shall perform such other duties as are prescribed by the Constitution or by the Local Executive Board (LEB).
It shall be the duty of the Recording Secretary of the Local Union to notify, in writing, each member of any money due and owing to the Local Union on account of the nonpayment of initiation fees,
dues, fines , or otherwise . In the event that a member owing such an obligation fails to fulfill such obligation within thirty (30) days after notification there of, such member shall be declared in bad standing until all monies owed are paid to the Local Treasurer. The Recording Secretary of the Local Union shall include, in the notice of the monies owed to the Local Union as provided above, notice that such member will be declared in bad standing and will not be entitled to Local Union benefits upon default of payment within thirty (30) days.
Section 1 The officers of the Local Union shall be the trustees of the property of the Local Union, subject to the direction of the Local Executive Board (LEB).
Section 2 The Representatives shall be the elected officers and the members who are appointed by the President to the Grievances committee. These appointments must be confirmed by the Local Executive Board (LEB). Their chief function shall be to present and execute grievances.
Section 1(A) The Local shall hold meetings four times a year at such place and time as are convenient for the majority of the represented workers to attend. The Local Executive Board (LEB) and / or the Local Executive Committee (LEC) shall meet as the affairs of the Local shall dictate, but shall endeavor to meet at least once a month, except in July and August. Special meetings shall be called upon a majority vote of the LEB, or upon a written showing of twenty percent (20%) of the membership made to the Recording Secretary. Special meetings of the whole Union, or of just the three (3) Divisions of the Barnard employees meeting as a section, may also be called by the President if there is a matter of vital importance to the majority of the affected membership. Various sectional meetings may also be called for information and educational purposes.
(B) The Food Service Division (FSD) may meet at such time as they must to consider any matters of importance to them. The President shall issue the call for such meetings, and the President or a Union Representative designated by the President shall preside at such meetings.
Section 2 No official business shall be conducted unless a quorum of twenty-five (25) members are present at a membership meeting or ten percent (10%) must be present at a sectional or divisional meeting. This does not affect meetings for educational and informational purposes.
Section 3 All notices for membership meeting, sectional or divisional meetings shall be posted by the Recording Secretary or any persons designated by him/her with time, date and location of said meeting. Action may only be taken on the matters, which are on the agenda as posted on the Union bulletin board. If time permits, action may also be taken on other matters of concern to the Local Union.
Section 4 (A) It shall be the obligation of the Local membership to attend all meetings called by the Local Union, a section or their division, if at all possible.
Section 1 The Local Secretary-Treasurer shall report at least once every quarter the actual income and expenditures of the Local Union to the Local Executive Board (LEB).
Section 2 The approval of the Local Executive Board shall be required before any member is taken off the job to work for the Union, except that in an emergency a member may be taken off the job with the oral approval (to be promptly confirmed in writing) of the President or Secretary-Treasurer and shall be paid for time worked by the union.
Section 3 The Local Union shall not be responsible and no reimbursement shall be made for any expenses incurred in the name of the Local Union or of any section thereof, without the approval of the President or Secretary-Treasurer.
Section 4 An initiation fee of fifty dollars ($50.00) will be required of each applicant for membership into the Local Union.
Section 5 Union dues for each month will be deducted on a check-off from each member whenever possible.
Section 6 Where a member earns wages in any amount in a calendar month the member will be required to pay their dues for that month.
Section 7 A member shall not be considered to be in good standing during any period for which the member holds an honorary withdrawal card.
Section 8 The Local should operate with a positive net cash balance. In the event that the Local finds it necessary to operate with a negative cash balance, the following procedure shall be followed. The International Secretary-Treasurer should be notified of the Local’s financial condition and permission must be sought by members of the Local Executive Board before further monies can be spent.
Section 9 In the event that a financial report is not presented to the Local Executive Board and the membership by the Local Secretary-Treasurer for a period of over six (6) months, no officer will be authorized to sign any checks until a complete and updated financial report has been presented to the membership. A financial report form shall be approved by the Local Executive Board (LEB).
Section 1 During the month of March in each three year period, the Local Union shall elect a President, a First Vice President, four divisional 2nd Vice President, a Financial Secretary-Treasurer, and a Recording Secretary. Notices of the nomination shall be posted at a January meeting preceding the March meeting. Notice of the nomination meeting shall be posted on all official Union bulletin boards.
Section 2 All rules and regulations, which govern the Local elections, shall comply with the International Constitution and Local By-laws, State and Federal laws, and voting will be by a supervised secret ballot. Ballot boxes shall be provided at the election of officers at the regular March meeting, a secret ballot shall be provided, to each member eligible to vote. Each member must identify himself or herself and present his/her I.D. cards.
Section 3 The Local Executive board (LEB) shall approve the appointment of five members to act as the Election Committee during the month of January. No member who is a nominee for Union office can be on the Election Committee.
Section 4 The Election Committee shall promptly meet and draw up proposed rules to govern nominations and elections and shall report back to the Local Executive Board (LEB) for adoption or amendment of said rules. In addition, the Election Committee shall rule and report on the eligibility of nominees and issue written findings on all complaints or protests concerning the elections. The Election Committee shall issue a written and signed certification of the results of the election to the Local Recording Secretary and the International Secretary-Treasurer upon completion of the election process.
Section 5 If the Election Committee should find, or receive any complaints of any irregularities in the election procedure, or the ineligibility of a nominee to hold office, all evidence should be brought before the Local Executive Board (LEB) immediately for action.
Section 6 All members who are elected to Local office or as Local Executive Board (LEB) members, will take office on April 1st following the march election.
Section 1 To be eligible for nomination to any Local or Section office a member must have been in continuous good standing with his/her Local Union during the twelve (12) consecutive months prior to the nomination meeting.
Section 2 In order to qualify as a candidate for office in Local 264, a member must be employed by or maintain an employee status with one of the companies with which this Local Union has a collective bargaining agreement.
Section 1 No member shall hold more than one salaried office in the Local Union.
Section 2 Voting at meetings of the Local Executive Board (LEB), the Local Executive Committee (LEC), the general membership, and of any committees appointed by the President, shall be done in person, and not by proxy.
Section 3 All meetings shall be conducted under the Robert Rules of order.
Section 1 The Officers and other Representatives of the Local Union shall be reimbursed for lost time and actual authorized expenses incurred on behalf of the Local, but in no event less than the following amounts per month:
President $100.00
First Vice President $70.00
Second Vice Presidents $50.00
Recording Secretary $70.00
Financial Secretary-Treasurer $70.00
Representatives $15.00
Section 1 The discipline of the members of the Local shall be as set forth in the International Constitution, Article XIX, Discipline.
Section 2 Trial of members: Trial of members of the Local shall be as set forth in the International
Constitution, Article XX, Trial of members.
Section 3 Suspension of Local Officers: Shall be as set forth in the International Constitution, Article XXI, Suspension of Local Officers.
Section 4 Removal of Local Officers: Shall be as set forth in the International Constitution, Article XXII, Removal of Local Officers.
Section 5 Appeals: A member disciplined or removed pursuant to the provision of these articles, shall have the right of an appeal under Article XXIII, Appeals.
Section 1 (A) No parts of these Bylaws shall be repealed, annulled, suspended, altered, or amended except on a proposition submitted in writing at a regular meeting when it shall be read and entered in the minutes. At the next regular meeting, which must have a two-thirds (2/3) membership in attendance, having been notified at least a month in advance, they may be adopted, provided that the majority of the members present vote in favor of such a proposition.
(B) The above procedure cannot occur during the summer season or any other season while the Food Service Division (FSD) is on break, unless a majority membership of the FSD agrees to attend.
Section 2 Should any part of the Local By-laws conflict with the International Constitution, the International Constitution shall govern.
Section 3 Amendments to these Bylaws passed by the Local membership, shall be effective only after approval by the International administrative Committee of the Transport Workers Union of America.