UTILITY WORKERS UNION OF AMERICA, AFL-CIO
LOCAL 132 CONSTITUTION
We, the members of Local 132, Utility Workers Union of America, AFL-CIO, realize that the struggle to better our working and living conditions is in vain unless we are united to protect ourselves collectively against the organized forces of the employers.
We recognize that changed economic conditions now demand an organization which unites workers on an industrial basis, with rank and file control, regardless of craft, age, sex, nationality, race, creed or political belief, but limited to the provision of Article III, Section 5, of the National Constitution. We know full well that only this kind of organization can defend effectively the interest of workers. We realize the necessity of labor taking an active interest in politics and government affairs for the good of all workers.
We pledge ourselves to labor unitedly for the principles herein set forth, to perpetuate our Union on the basis of industrial solidarity and justice, to expound its objectives, to unceasingly work for the general adoption of its principles, and to constantly endeavor to bring about a higher standard of living among the workers.
We further pledge that the full strength and power of our collective organization will be utilized to the utmost limits to insure a peaceful, free and democratic America which will insure the vast majority from want and privation.
ARTICLE I
NAME AND AFFILIATIONS
SECTION A:
This organization shall be known as Local 132, of the Utility Workers Union of America, AFL-CIO, with jurisdiction over those employees of the Southern California Gas Company who, by agreement, certification or other means, it is privileged to represent.
SECTION B:
This Local shall always remain affiliated with the Utility Workers Union of America, AFL-CIO.
The Local will be affiliated with the County and State AFL-CIO Labor Federations. Similarly, the Local may disaffiliate from any such organization in its best interest.
The Local, on the vote of the membership, may join any other organization endorsed or approved by the National AFL-CIO, but without commitment that it will remain in membership indefinitely.
ARTICLE II
OBJECTIVES
SECTION A:
It shall be the object of this Local to protect, maintain and advance the interests of the workers; to improve working conditions, and to secure adequate remuneration for its members.
SECTION B:
To secure equal pay for equal work, regardless of age, sex, race or nationality.
SECTION C:
To extend unionism on the basis of industrial organization, to secure and enforce legislation in the interest of all working people, to promote recognition and acceptance of true collective bargaining in industry and to increase public understanding and support of the Labor Movement.
ARTICLE III
MEETINGS
SECTION A:
Regional or area membership meetings shall be held once a month. The number and locations of meetings to be designated by the Executive Board.
Fifteen (15) days notice shall be given prior to the earlier date of any change in regular meeting dates.
SECTION B:
The President shall have the authority to call a special meeting whenever, in his/her judgment, the necessity shall arise. He/she shall also call same at the written request of five percent (5%) of the membership, or majority vote of the Executive Board.
Notice of such special meeting shall be issued not less than five (5) days prior to such a meeting. Notices of special meetings shall be made by mail to the last known address.
SECTION C:
The President, or Officer performing the duties of the President in his/her absence, shall have the authority to call an emergency meeting.
Notice of such emergency meeting shall be made by first class mail and issued not later than two (2) days prior to such meeting.
ARTICLE IV
QUORUM
SECTION A:
All meetings of this Local Union must have a quorum present before conducting any official business. Exception: in the event an election, or any vote requiring official ballots, (mimeo or printed), is a part of the agenda, and said meeting cannot be held due to lack of quorum, the presiding officer shall allow the members present (and) in good standing to sign the roster and cast a ballot.
SECTION B:
The quorum for all membership meetings shall be set by the Executive Board.
ARTICLE V
SECTION A:
The Officers of this Union shall be named as follows:
President, Secretary-Treasurer, five (5) Trustees, Regional Officer and Unit Officer for each area as designated by the Executive Board except where otherwise provided in the By-laws.
SECTION B:
Any member of the Union in good standing as defined in the By-Laws, shall be eligible for office as described in Article V, Section A.
In the event a regional or area meeting is not held due to lack of quorum the presiding officer shall submit a roster of members present to the Secretary-Treasurer. For the purpose of qualifying for nomination, they shall be considered as having attended a regional or area meeting.
SECTION C: Duties of the President
It shall be the duty of the President to sign all orders on the Treasury when ordered by the Union, to appoint Committees, and shall be an ex-officio member of all Committees and Council of the Local.
He/she shall have the authority to preside at all regional or area meetings of the Union.
He/she shall be the Chief Administrative Officer of the Local, and shall maintain a suitable office in a central location. He/she shall also receive, read, and safely file all papers and documents, conduct the correspondence of the Union, and shall have charge of the seal of the Union.
He/she shall be a delegate to all Conferences and Conventions to which this Local sends delegates.
SECTION D: Duties of the Secretary-Treasurer
In case the President's office is vacated for any reason, the Secretary-Treasurer shall fill said vacancy until an election is held as provided in Article VIII, Section B.
He/she shall keep and cause to be filed a true record of the proceedings of the Executive Board and regional and area meetings. It shall be his/her duty to receive all monies, issuing receipts for same. He/she shall deposit said monies in the account of Local 132, UWUA, AFL-CIO, within five (5) bank days of receipt. He/she shall make his/her books available and provide for an annual audit by a Certified Public Accountant, notifying the Executive Board when he/she is ready for such an audit.
He/she shall receive and disburse monies as the Union orders, and shall not disburse monies under any other circumstances, or in any other manner than provided in these By-Laws. He/she shall sign all checks jointly with the President. He/she shall use a bookkeeping system approved by the Executive Board. A petty cash fund may be set up under the bookkeeping system, the amount and type of which shall be approved by the Executive Board.
The annual audit by the CPA shall be made in the first quarter of the fiscal year, and shall cover the entire preceding fiscal year. A full and detailed financial report shall be made by the Treasurer to the Union each month. All receipts, books and other official statements of the Treasurer shall be kept on file until audited by a CPA.
The Secretary-Treasurer shall also be a delegate to all conferences and conventions to which this Local sends two (2) or more delegates.
SECTION E: Duties of the Trustee
The duties of the Trustees shall be to audit all books and records of the Local Union semi-annually, and to take inventory at least once a year of all property of the Union. They shall report to the Union on each audit and inventory at the next regular meeting following the audit.
SECTION F: Duties of the Regional Officer
There shall be one Regional Officer per Region.
The Regional Officers shall conduct their own regional meetings and shall be responsible to the President and the Executive Board, and the membership as a whole, to carry out the policy of the respective groups.
He/she shall be in charge of and direct the activities of Unit Officers and Stewards of his/her respective region.
In order to better coordinate the activities of Shop Stewards in the region, the Regional Officer shall have the authority to appoint from the ranks of existing Shop Stewards in the region, Chief Shop Stewards.
SECTION G: Duties of the Unit Officer
Request for Unit Officers shall be made by the appropriate Regional Officer with the approval of the Executive Board.
The Unit Officer shall conduct unit meetings and shall carry out any duties assigned by his/her Regional Officer.
SECTION H:
The President and Secretary-Treasurer of this Union shall be bonded in the amount equal to ten percent (10%) of the assets of the Union.
All Union Officers, at the expiration of their term in office shall deliver to their successors in office all monies, books, papers and all other property of the Union in their possession, and shall not be relieved of their bond or obligation until all books are audited and said deliverance has been completed.
ARTICLE VI
SECTION A:
The Executive Board shall consist of all elected officials as set forth in Article V, Section A. The President of the Local Union shall be chairman of the Executive Board. A simple majority of the Executive Board shall constitute a quorum for transaction of official business.
An accredited member of the National Union shall be ex-officio member of the Executive Board.
SECTION B:
The Executive Board shall conduct the normal business of this Union and authorize disbursement of monies as it deems necessary. Expenditure for a particular piece of office equipment shall not exceed two thousand dollars ($2,000.00) without a vote of the membership.
One Executive Board member shall be designated by the Executive Board to sign checks jointly with the President or Secretary-Treasurer in the event that either one of the latter officers are unavailable for this duty.
The Executive Board shall meet regularly once a month. Special meetings may be called when deemed necessary by the President or a majority of the Executive Board. Any action of the Executive Board shall be subject to the approval of the membership.
SECTION C:
The Secretary-Treasurer, Trustees and Regional Officers shall all receive six (6) votes on the Executive Board. The President only votes to break a tie.
Unit Officers shall receive one vote each. This vote shall be deducted from their Regional Officer's votes.
ARTICLE VII
SECTION A:
Ten (10) days prior to the regular meetings in April and May, the President shall mail to the last known address of all members notice of nominations and elections for the office of President, Secretary-Treasurer and Trustees as provided for in Section B of this Article.
Nominations shall be made from the floor of regional or area meetings. Members who are absent may accept nomination by written proxy. Such proxy to be presented to the presiding officer. The outcome of all elections of this union shall be based on plurality rather than majority vote.
SECTION B:
The order of nominations shall be (1) President, (2) Secretary-Treasurer, and (3) Trustees.
The term of the office shall be for three (3) years. The President and three (3) Trustees will be elected in 1980 and every three (3) years thereafter. The Secretary-Treasurer and two (2) Trustees will be elected in 1981 and every three (3) years thereafter. No member may accept nomination for more than one of these offices.
SECTION C:
Officers, except Regional and Unit Officers, shall be elected by secret ballot through mail referendum conducted by the American Arbitration Association or an equivalent neutral nonpartisan agency. No later than the tenth (10) day of July, the ballots shall be sent out as first class mail to the last known address of all members of this Local Union. The ballots shall state that they must be returned not later than midnight, July 31.
SECTION D:
The new officers shall be sworn in at the August Executive Board meetings, and shall take office on September 1st following. Each elected officer shall hold office for three (3) years, or until his/her successor takes office.
SECTION E:
No member of this Union shall hold more that one (1) of the following offices: President, Secretary-Treasurer, Trustee, Regional Officer or Unit Officer.
SECTION F:
Regional Officers are eligible to be nominated and elected only from the region in which they work.
Headquarters Region will be separated to reflect regional geographical boundaries except the locations known as The Tower, Monterey Park Headquarters, Monterey Park Corporate Drive (except Clerical Pool and C.S.R.'s), Pico Rivera, Olympic Base. The Headquarters employees located at the San Dimas facility shall be represented by the Regional Officer from Mountain View, Region 5.
Regional Officers shall be elected by secret ballot in their respective regions. Nominations will be held at the regular August and September meetings, and elections at the regular October meetings.
Fifteen (15) days prior to the regular meetings of August and September the President shall mail to the last known address of all members, notice of nomination and election for Regional Officers as provided in Section G of this Article.
The notice shall indicate that nominations will take place at the regular August and September meetings. Members who are absent may accept nominations by written proxy, such proxy shall; be given to the presiding officer.
SECTION G:
The term of office for Regional Officer shall be for three (3) years. Regional Officers from Mountain View, Northern, and Inland Empire will be elected in 1997 and every three (3) years thereafter. Regional Officers from Orange Coast, Pacific and Headquarters will be elected in 1996 and every three (3) years thereafter.
New Regional Officers will be sworn in at the November Executive Board meeting and shall take office immediately.
SECTION H:
In those areas where necessary as defined by the Executive Board, nominations for Unit Officer will take place in November and December following the election of the Regional Officer. The election will take place in January.
Candidates for Unit Officer must work in the location to be administered by the office, but shall be elected at large throughout the region.
Fifteen (15) days prior to the regular meetings of November and December the President shall mail to the last known address of all members notice of nominations and election for Unit Officers. The notice shall indicate that nominations will take place at the regular November and December meetings. Members who are absent may accept nomination by written proxy, such proxy to be presented to the presiding officer.
If as a result of the election for Regional Officer, a Unit Officer and the Regional Officer work in the location represented by the Unit Officer, the position of Unit Officer shall be declared terminated.
The period of office of the Unit Officer shall be three (3) years, or until superseded by the election of a Regional Officer from that location.
All other provisions for Unit Officers shall be the same as for Regional Officers.
SECTION I:
The President shall call a new election upon receipt of a written petition with the signatures and addresses of at least thirty five percent (35%) of the members eligible to vote for the office in question collected over a period no longer than three (3) months.
SECTION J:
An absentee ballot will be afforded workers who are on their first or second choice vacations or on off shift during a meeting at which an election for Regional or Unit Officer is to be held. A written request for an absentee ballot must be made by the member to the Union Office no later than the first Wednesday of the month such an election is to be held.
SECTION K:
All Union meetings within the same Region must be held on the same date when voting for Regional and/or Unit Officers.
VACANCIES OF OFFICE
SECTION A:
Any officer who is absent from three (3) consecutive meetings of this Local's membership, or three (3) consecutive meetings of this Local's Executive Board, shall have his/her office declared vacant by the Executive Board.
Any delegate absent from two (2) consecutive meetings of any organization without satisfactory excuse may have his/her office declared vacant by the Executive Board.
If any officer becomes ineligible by virtue of reasons outlined in Article VIII, Section D, he/she shall no longer be an officer of this Local.
SECTION B:
The President shall have the authority to fill any vacancy temporarily by appointment, subject to the approval of the Executive Board. Regional and/or Unit Officer vacancies shall be filled by special election. All other vacancies shall be filled at the next regular election as provided in Article VII, Section C.
SECTION C:
Notice of special election for Regional Officers shall be sent out to the membership in accordance with Article VII, Section F, informing them that nominations will be held at the next regular membership meeting. Such election shall be by secret ballot in the next month following nominations.
The candidate elected at such election shall assume office immediately, and shall serve for the unexpired term.
SECTION D:
If, during a regular election, a candidate for office shall become ineligible to hold office for which he/she is contesting by virtue of promotion, death, transfer or other reason, or in writing declares his intention of not serving if elected, Section B of this Article will apply should he/she receive the highest number of votes for the office.
ARTICLE IX
SECTION A:
The new member shall subscribe to the following affirmation: "I (speak your name) pledge my honor faithfully to observe the by-laws of this Union; to comply with all rules and regulations thereof; not to divulge or make public any of the private proceedings of this Union; to faithfully perform all duties assigned to me to the best of my ability and skill; never to discriminate against a fellow worker because of age, race, creed, color, sex or national origin; to conduct myself at all times in such a manner so as not to bring reproach upon my Union, and at all times to bear true and faithful allegiance to the Utility Workers Union of America."
SECTION B:
Before entering upon the duties of their respective offices, the newly elected officers shall subscribe to the following: "I (speak your name) do hereby pledge my honor to perform the duties of my office as required by the Union's by-laws; to bear true and faithful allegiance to the Union and the Utility Workers Union of America; to deliver all books, papers and other property of the Union that may be in my possession at the end of my term to my successor in office, and at all times conduct myself as a loyal member of the Union."
MEMBERSHIP
This Union shall be composed of men and women currently employed by the organization it represents, as well as officers and employees represented by this Local.
Initiation fee of this Union shall be at least two (2) dollars for all members or as provided by the Executive Board. The fee must accompany the application, along with the current monthly dues, or the authorization of payroll deductions for Union dues form properly signed for the current month's dues. One (1) dollar of the initiation fee to be sent to the Utility Workers Union of America National Office.
If application is made after the twenty-fifth (25) day of the month the dues shall be credited to the following month. Membership in this Local shall be confined only to those who can meet the provisions of Article III, Section 5, of the National Utility Workers Union of America Constitution.
ARTICLE XI
SECTION A:
The dues of this Union currently are eighteen dollars and seventy two cents ($18.72) bi-weekly for all members. This amount is subject to the provisions of the National Utility Workers Union of America Constitution. Part time employees shall pay dues in accordance with the current Agreement.
SECTION B:
Any member whose dues fall two (2) months in arrears shall be duly notified and given thirty (30) days to rectify the delinquency. Should the delinquent member fail to rectify the delinquency prior to the expiration of the grace period, the Executive Board is empowered to suspend him/her from all rights and privileges of membership.
SECTION C:
The reinstatement fee of this Union shall be the sum of five dollars ($5.00), plus current month's dues and all back dues. However, exceptions may be made by the Executive Board. All reinstatements must have the approval of the Executive Board.
SECTION D:
No special assessment shall be placed upon the members unless accepted by 50% + 1 vote of those present and voting at regular or special meetings, as per the provisions of Article III, Section B. Whenever an assessment is to be voted upon, the President shall notify the membership by mail.
An absentee ballot will be afforded workers who are on their first or second choice vacation or on off shift during a meeting at which an assessment is to be voted on. A written request for an absentee ballot must be made by the member to the Union Office no later than the first Wednesday of the month such a vote is to be held. Only those absentee ballots received in the Union Office at the prearranged date for the tallying of the ballots will be counted.
Article VI of the National U.W.U.A. Constitution dealing with the subject of assessments shall be complied with. Notice of meetings shall be mailed out fifteen (15) days prior to the meeting date.
SECTION E:
All interest accrued from the Strike Fund shall remain in the strike fund.
The strike fund will only be used during a strike for members in good standing.
SECTION F:
Transfer $250,000.00 from the strike fund for the purpose of establishing a defense fund. Increase membership dues by $2.50 bi-weekly to be deposited directly to the defense fund in order to keep the fund replenished on a continual basis. All expenditures will be reviewed monthly by the Trustees and reported to the Executive Board.
SECTION G:
During contract negotiations between Union and the Company, should the company cease the dues check off, a dollar amount not to exceed $250,000.00 will be transferred from the strike fund into the general fund. Any part of this transfer that is not used will be returned to the strike fund upon contract ratification.
MONIES
SECTION A:
The dues and initiation fees of this Union shall be collected either by the Secretary-Treasurer, and/or Shop Stewards, and/or by persons expressly authorized by the Executive Board.
SECTION B:
All persons collecting dues, initiations or assessments, shall give an official receipt and shall pay all monies collected to the Secretary-Treasurer. This shall be done at least once each month. Whenever money changes hands among members of this Union a receipt shall be given.
OFFICERS ALLOWANCES
SECTION A:
The President shall receive a salary equivalent to the highest rate of pay in the Local covered by the current Agreement with the Southern California Gas Company plus 5%. The President shall receive two hundred (200) dollars allowance per month and will be provided suitable transportation as approved by the Executive Board.
The Secretary-Treasurer shall receive a salary equivalent to the highest rate of pay in the Local covered by the current Agreement with the Southern California Gas Company. The Secretary-Treasurer shall receive two hundred (200) dollars allowance per month and will be provided suitable transportation as approved by the Executive Board.
The Regional Officer will receive one hundred (100) dollars allowance per month.
The Unit Officer will receive fifty (50) dollars allowance per month.
The Trustee will receive twenty-five (25) dollars allowance per month.
All Executive Board members shall be reimbursed for any expenses incurred in carrying out their duties for the Union. These Executive Board members shall keep an itemized list of accrued expenses, and shall present it to the Executive Board for approval. If such an itemized list is not presented, the bill shall not be paid. The Secretary-Treasurer shall keep these lists on file.
SECTION B:
Any member of this Union who is assigned to do work for the Union requiring the loss of working time shall be paid his scheduled rate by the Union, according to the current Agreement with the Company, and reasonable expenses approved by the Executive Board.
ARTICLE XIV
SECTION A:
Stewards shall be selected in each occupational group in each department in such a manner that all members of this Union shall be represented by a Steward. There shall be one (1) steward for each twenty (20) members, or major fraction thereof or as the Executive Board deems appropriate. The Executive Board shall designate the mode of action for Stewards.
No member shall be a shop steward if they are not a member in good standing.
SECTION B:
A Steward's Credentials Committee shall be activated to consist of the President, Secretary-Treasurer and other Regional Officers of the Local.
This Committee will meet during the month following installation of the Local's Executive Board members, and more often if necessary, to review the credentials and behavior of the accredited Stewards. If this Committee should find any Steward, or Stewards, lax in their duties they will recommend to the Executive Board that these Stewards be removed. This Committee will also be responsible for the issuance of Steward's authorization cards, signed by the President and Secretary-Treasurer, to all accredited Stewards.
SECTION C:
Regional councils shall be formed of Chief Shop Stewards which will be appointed by each Regional Officer. These Councils shall meet at least once a month, and shall discuss such business as it relates to working conditions and such other business as may come before them. Motions, resolutions and recommendations passed by the Stewards Council, shall be submitted for approval by the Executive Board.
GRIEVANCE COMMITTEE
SECTION A:
The Grievance Committee shall consist of the President, Regional Officer and Stewards of the department concerned. When the grievance does not concern any particular department, but the Local Union as a whole, it shall be handled by a Grievance Committee consisting of the President, and/or Secretary-Treasurer and the Regional Officer. The Secretary-Treasurer may substitute for any Regional Officer on the Committee.
The Grievance Committee shall be directly responsible to the Executive Board and the Union for all its activities. No officer, committee person, member or group of members, shall at any time attempt to assume the functions of the Grievance Committee.
SECTION B:
This Committee shall meet at least once monthly to research and discuss all grievances. A report of this Committee shall be sent monthly to all Regional Officers and Stewards of this Local.
SECTION C:
It shall be the duty of all members to notify this Committee, or any member thereof, of any grievance or problem that may exist.
STEERING COMMITTEE
SECTION A:
The Steering Committee shall consist of the Presidents of all Utility Workers Union Locals on the property of the Company, and the Secretary-Treasurer of Local 132. An additional member shall be elected from Local 132 Regional Officers who are currently members of the Negotiating Committee
SECTION B:
The Steering Committee shall be a part of the Negotiating Committee. In addition they shall meet, when necessary, with all other Local Unions on the property of the Company to resolve disputes and/or settle items of business which may affect them as provided for in the Gas Utility Workers Council Constitution.
NEGOTIATING COMMITTEE
SECTION A:
The Negotiating Committee shall consist of the President, Secretary-Treasurer, and four (4) Executive Board members elected by the Executive Board. Their term of offices shall be for a period of one (1) year.
Nominations will be taken from the floor of the Executive Board meeting.
Temporary vacancies shall be appointed by the President and filled in a timely manner. These appointments will be made on A rotating basis from the members of the Executive Board, subject to the approval of the Executive Board.
When plans to negotiate for a signed Agreement with the Company involves all the Local Unions within the Company, the Negotiating Committee shall work with the other Local Unions representing Gas Company employees as provided for in the Gas Utility Workers Council Constitution.
SECTION B:
No contract agreement will be ratified between this local union and the company unless accepted by the majority of members voting by secret ballot.
The local shall mail by first class postage to the last known address of all members the proposed agreement changes, voting instructions, an official printed ballot, accompanied by two envelopes, one plain white, one pre-labeled envelope.
SECTION C:
A member shall have the right to submit any Contract proposal to the Local at a regular or special membership meeting. However, such proposals must receive a majority vote of the area membership present and voting to be considered as a Contract proposal.
SECTION D:
Once all ballots are received via U.S. Mail, the Joint Steering Committee will meet to tally the votes. Only ballots from members in good standing will be counted.
SECTION E:
A full report shall be submitted to the proper representative of the National Union, of its authorized agent, for his approval in accordance with the Utility Workers Union of America Constitution.
CONSTITUTION COMMITTEE
SECTION A:
The Constitution Committee shall consist of the President and the Trustees of this Local Union. Their duties shall be to make a full investigation of all amendments submitted to them and make recommendations to the Executive Board. The Executive Board shall consider the Committee's recommendations and decide whether or not the proposed amendment is to be submitted to the membership for a vote.
STANDING COMMITTEES
SECTION A:
The Executive Board shall consider the advisability of Legislative Committees, Activities committees, Working Rule Committee and Membership Committee. Should the Executive Board decide to affirmatively recommend the establishment of such a Committee or Committees, they shall be for a given term and be dismissed at the conclusion of their work. The President has the duty of committee appointments.
SECTION B:
Labor-Management Committees shall be created to work with Management Representatives for the purpose of raising funds for appeals and charities, and for the advancement of community and national institutional work which there is a common Labor-Management effort; such Labor-Management Committees to exist only if Management desires common Union and Management efforts on these things.
The Committee shall consist of the affected Regional Officer, and Stewards chosen by the Regional Officer and/or the President with the approval of the Executive Board.
WITHDRAWALS AND TRANSFERS
SECTION A:
Withdrawal and transfer cards shall be issued according to the rules of the AFL-CIO and the Utility Workers Union of America.
STRIKES
SECTION A:
If a controversy exists between this Local and the Company which may develop into a strike or a lockout, the Negotiating Committee shall confer with the Company, or a representative thereof, to endeavor to secure an amicable settlement. Should no adjustment be proved possible, then a strike vote may be taken.
SECTION B:
All strike votes shall be taken by secret ballot at regional or area meetings (*), as determined by the negotiating committee and must show 50% + 1 of the participating membership in favor of a strike before a strike may be called, except that when a strike vote is taken in conjunction with other Locals in the Gas Utility Workers Council, the Constitution of the Gas Utility Workers Council shall prevail. When a strike vote is taken, the Local shall mail to the last known address of all members an official ballot, an explanation of the proposed Agreement, voting instructions and a list of all meeting locations where voting will take place.
*Voting may take place at a mass meeting in conjunction with voting at Regional Meetings.
Strike votes may be taken simultaneously with contract votes.
SECTION C:
The meetings when a strike vote is to be held, will be attended by at least one member of the Joint Steering Committee who will give an explanation of the issues on both the contract and the strike. No ballots may be passed out before a full explanation and questions from the members are satisfied.
An official printed ballot shall be accompanied with 2 envelopes. 1 plain white, 1 pre-labeled or blank envelope. A private voting booth must be present and a sealed ballot box must be used at all strike vote meetings.
SECTION D:
A voting committee of at least 4 members in good standing shall be appointed by the presiding officer. One member will verify voting eligibility by checking off names on an eligibility list. No member will be refused the right to vote, but must be notified of requirements to make their vote count. One member will verify signatures on the meeting roster and hand out the ballots. The last two members will watch over the ballot box. After the balloting, the presiding officer my close the balloting or leave open until the end of the meeting with a motion from the floor. At no time during the strike balloting process will a motion to change the order of business be accepted.
After balloting is completed, the two members watching over the ballot box will place a copy of meeting roster inside and seal up the rest of the box and sign over every seal. The other two balloting committee members will place a second copy of the roster in an envelope, seal it, and sign over the seal and attach it securely to the ballot box. The box will then be given to the Joint Steering Committee representative at the meeting.
The original copy of the roster will be given to the presiding officer of that meeting.
SECTION E:
Once all strike vote meetings are completed, the Joint Steering Committee will amass the ballot boxes, verify eligibility, check for tampering and count the ballots.
SECTION F:
A full report shall be submitted to the proper representative of the National Union, of its authorized agent, for his approval in accordance with the Utility Workers Union of America Constitution.
CHARGES AND TRIALS
SECTION A:
When a member of this Union is accused of committing an offense prejudicial to the best interest of this Union, including, but not limited thereto, crossing a legally established picket line of this Union (commonly known as strike-breaking), and is found guilty of such offense by the Trial Committee, subsequently upheld by a secret ballot vote of a majority of the membership, present and voting at the membership meeting at which the Trial Committee makes its report, the accused, he or she (singular or plural), will be fined, suspended or removed from Union membership. However, any fine shall be imposed and collectible, prior to any suspension or removal from Union membership.
SECTION B:
All charges against a member of the Local Union must be made in writing, signed by the member making the charges, and must be presented to the Local Executive Board by certified mail. Charges must be submitted within sixty (60) days of the time the complainant becomes aware of the alleged offense.
SECTION C:
The Local Executive Board shall be designated as the Trial Committee, and neither the person that filed the charges nor the person accused may be a member of the Trial Committee.
SECTION D:
Within seven (7) days after the charges have been filed, the Union shall forward a copy of the charges to the accused member or members, to his/her last known address by certified mail, together with a written notice of the time and location when the hearing will take place before the Trial Committee. The hearing shall take place a minimum of one (1) week from the date of the mailing of the charges to the accused member.
SECTION E:
A charged member may have a U.W.U.A. member in good standing as counsel, however, no attorney as such may serve as counsel in a hearing of the Trial Committee. No person not a U.W.U.A. member may be present at such hearing except as a witness. The Trial Committee upon completion of the hearing shall submit its report to the next membership meeting. At the membership meeting of the Local Union, the accused shall be accorded full opportunity to present his/her position on all matters bearing upon his/her trial and the report of the Trial Committee.
The report of the Trial Committee shall become effective only upon the approval of a majority vote of the membership present and voting at the Local meetings.
SECTION F:
A report of the Local Union's decision shall be forwarded immediately by certified mail to the accused, the National Union and the accuser.
SECTION G:
The accused or the accuser may appeal from the decision of the Local Union within thirty (30) days of the mailing of the Local Union's decision to the parties by presenting the appeal in writing to the National Executive Board.
SECTION H:
An appeal from the decision of the National Executive Board may be made to the National Convention by giving notice to the National Secretary-Treasurer thirty (30) days prior to the convening of the Convention.
SECTION I:
An elected officer of the Local may be recalled in conformity with the provisions as stated in the foregoing sections of this Article.
SECTION J:
In no case shall a member or subordinate body (Local Union or Council) appeal to a Civil Court for redress until all rights of appeal have been exhausted as provided for in the National U.W.U.A. Constitution.
ORDER OF BUSINESS
SECTION A:
The following order of business shall be used at all regular meetings of this Local unless a special order of business is voted by a majority of the members present:
1. Flag Salute.
2. Roll Call of Officers.
3. Reading and Approval of Minutes.
4. Report of Secretary-Treasurer.
5. Communications.
6. Report of Committees.
7. Unfinished Business.
8. New Business.
9. Good and Welfare of the Union.
10. Election of Officers and Installation.
11. Adjournment.
SECTION B:
Unless otherwise provided for in the By-laws, Roberts Rules of Order shall prevail.
AMENDMENTS
All proposed Amendments to the Constitution must be submitted in writing and in duplicate, one (1) copy of which shall be given to the Constitution Committee to be processed (as set forth in Article XVIII) and one (1) copy of which shall be filed by the Secretary-Treasurer. It shall be read at the first regular or special meeting and re-read at the second regular or special meeting and voted upon. It shall require a 50% + 1 vote of the membership present to carry such an amendment.
An absentee ballot will be afforded workers who are on their first or second choice vacations or on off shift during a meeting at which an amendment is to be voted on. A written request for an absentee ballot must be made by the member to the Union Office no later than the first Wednesday of the month such a vote is to be held.
The President shall notify the membership by mail, notice of all proposed amendments to the Constitution at least fifteen (15) days prior to the meeting at which such amendments will be voted on.
ARTICLE XXV
SECTION A:
This Local shall participate in all Conventions or Conferences of organizations with which the Local is affiliated unless the membership, at regular or special meetings, shall decide to the contrary by a simple majority vote.
SECTION B:
Delegates shall be elected at special or regular membership meetings of the Local, but must be a member in good standing as defined in the By-Laws at the time of nominations.
In the event a regional meeting is not held due to lack of quorum, the Regional Officer or presiding officer shall submit to the Secretary-Treasurer a roster of the members present. For the purpose of qualifying as a delegate to a conference or convention, they shall be considered as having attended a regional meeting.
SECTION C:
Fifteen (15) days prior to the meeting at which nominations for delegates will be held, the President shall mail to the last known address of all members notice of nominations and election of delegates for a specific conference or convention. The notice shall indicate the month of nominations and the month of election.
SECTION D:
The President shall attend, preside over, and make a comprehensive report of all delegations of this Local. If for any reason this is not possible the Secretary-Treasurer shall assume these duties as provided by Article V, Section D.
SECTION E:
If necessary, all delegates shall receive an advance draft, the amount of which shall be determined by the Executive Board. The Executive Board shall direct and determine all expenditures and number of delegates for any and all conferences and conventions.
SECTION F:
Delegates to National Convention shall be elected by the membership from the Officers of the Executive Board as set forth in Article VI, Section A.
If additional delegates are needed they shall be elected from the general membership as provided in Article XXV, Section B and G.
SECTION G:
Delegates to National Regional Conferences shall be elected from each region by their respective membership. A regional rotational system shall be used to select delegates to National Regional Conferences and National Conventions. This system to be established by the Executive Board.
SECTION H:
If at any time prior to the convening of a conference or convention a delegate becomes ineligible by virtue of promotion, transfer, or other reasons, he/she shall not serve as a delegate of this Local to said conference or convention. All advanced expenses shall be returned to the Local.
ELECTION CHALLENGES
SECTION A:
In case of a challenge to an officer's election received within a period of ninety (90) days following the counting of the ballots, an Investigatory Committee shall be set up.
SECTION B:
The Investigatory Committee shall consist of three (3) members; one designated by the challenging parties, one by the winning officer, and one other member appointed by the President.
SECTION C:
The Investigatory Committee shall have one (1) month to collect all relevant information from all interested parties. A report of their findings shall be submitted to the Executive Board at the next regularly scheduled Board meeting following completion of their investigation.
SECTION D:
The Executive Board shall be charged with the responsibility of acting upon the challenge presented to it.
SECTION E:
The challenged election shall be presumed valid pending a final decision by the Executive Board. In the interim the affairs of the Local shall be conducted by the officers elected.
SECTION A:
No article or section of this Constitution by intent or application shall abridge any State or Federal Law covering articles or sections herein.
VOTING:
All reference to words "vote" or "voting" shall be defined as meaning approval or disapproval by a simple majority of those members present and voting at a regular or special regional meeting unless otherwise specified in the Constitution. Each member in good standing shall be entitled to one (1) vote.
MEETINGS:
Regular, special or emergency membership shall mean those meetings held in each region, except where the membership of a region, because of geography, must here more than one (1) membership meeting. Where it is found to be beneficial by members of two (2) or more regions they may, by majority vote, have one (1) common meeting. In the case of combined meetings there shall be co-officers.
All references to membership meetings as contained in Article V, Section B, and/or Article XXV, Section B, shall be defined as meaning a maximum of one meeting per month.
STEWARDS:
Where it is not possible for a working unit to elect a Steward, The Executive Board shall have the authority to appoint a Steward.
MEMBERSHIP:
A member in good standing shall be one who is up to date on dues payment, either by check-off or other means.