CONSTITUTION OF IUE-CWA LOCAL 755
ARTICLE I
NAME
This organization shall be
known as the International Union of Electronic, Electrical, Salaried, Machine
and Furniture Worker’s - Communication Workers of America (IUE-CWA), AFL-CIO
Local 755.
A member of the industrial division of the CWA.
AFFILIATIONS
This
Local is an autonomous organization affiliated with the IUE-CWA, appropriate
District Councils, state and local AFL-CIO councils.
ARTICLE III
OBJECTS AND PURPOSES
Section A.
It
shall be the object of the IUE-CWA to protect, maintain and advance the
interests of the members within its jurisdiction, to improve their wages,
hours, and conditions of employment; and to this end, to unite all such members
in this industrial division of the CWA, without regard to craft, race, color,
sex, religion, age, marital/parental status, national origin, physical
handicap, sexual orientation, or status as a veteran.
Section B.
To
achieve the objectives and purposes of this organization the funds of this
organization are authorized to be managed, invested, expended or used not only
for the purpose and objectives expressly set forth in Section A of this
Article, and otherwise in this and the IUE–CWA Division Rules, but also for any
additional purposes and objectives not inconsistent therewith as may be
contained at any time in the resolutions and programs adopted and/or ratified
by the IUE-CWA Divisional Conference, the CWA Convention, the CWA Executive
Board by the membership of this Local, or Executive Board.
ARTICLE IV
JURISDICTION
All
persons whose normal occupations and employment fall within the jurisdiction of
the Local as defined in its charter by IUE-CWA shall be eligible for
membership. Persons holding full time
elective office shall be eligible for membership. Employees of the Local Union shall be
eligible for membership in this Local.
ARTICLE V
OFFICERS
Section A.
(1)
Elected officers of this Local shall be a President, First (1st)
Vice-President, Second (2nd) Vice-President, Executive Secretary, Financial
Secretary, Treasurer, Chairman of the Shop Committee, two (2)
Sergeants-at-arms, three (3) trustees, and eight (8) at large Executive Board
Members.
(2)
The Executive Board shall consist of the President, First (1st) Vice-President,
Second (2nd) Vice-President, Executive Secretary, Financial Secretary,
Treasurer, Chairman of the Shop Committee and eight (8) at large Executive
Board members.
(3)
No person shall be eligible to hold an elective office or appointed position in
this Local who has been convicted of any crime involving moral turpitude
offensive to trade union morality or who is commonly known to be a crook or
racketeer preying on the labor movement. Determination of ineligibility under
this section may be made only on the basis of charges filed and heard in
accordance with the regular trial procedures of the Local. The trial body is empowered to consider any
extenuating circumstances in determining eligibility of the person or
individual charged.
(4) No person shall be eligible to hold elective
office or appointed position in the Local who is disqualified for such position
by applicable federal law.
(5) Eligibility to be
nominated for, elected to, or hold office in the Local Union shall be
determined in accordance with provisions and interpretations of the IUE-CWA
Division Rules, CWA Constitution and Local Constitution.
(6)
In addition to the above qualifications, a person must be a member in good
standing with the Local to be eligible to hold any office.
DUTIES OF PRESIDENT
Section B.
Duties
of the President shall be:
(1)
Preside at all regular and special meetings of the Local and Local Executive
Board. Call special meetings of the
Local and Executive Board.
2)
Preserve order and enforce the Constitution of the Local, IUE-CWA Divisional
Rules and the CWA Constitution.
(3)
Be an ex-officio member of all committees.
(4)
Interpret the Constitution of the Local, subject to approval of the Executive
Board and membership.
(5)
Determine which special committees shall be formed, establish their duties,
appoint members of the special committees and name the chairperson
thereof.
(6)
No lost time shall be taken without the prior authorization of the President.
(7)
Sign checks if the Financial Secretary or Treasurer refuse to perform their
duty or are incapacitated, upon authorization of the Executive Board.
(8)
Be accountable to the Executive Board.
(9)
In conjunction with the Financial Secretary, send official notices to the
Secretary-Treasurer of the CWA, setting forth the condition of the Local’s
books and records and stating if such books and records have been audited.
(10)
Mail the Trustees’ Report to the CWA Secretary-Treasurer no later than
forty-five (45) days after the close of the period for which the audit is made.
(11)
Serve as chairperson of the negotiating committee.
(12)
Be responsible for sending notice to the Employer to terminate local agreements
and
notice
to federal and state mediation agencies.
(13)
Be responsible to orient the First (1st) Vice-President on all executive
matters within
ten
(10) days after the signing of a local supplement or any amendment or
modification of or addition to a local supplement. Send three (3) copies of such to the CWA Secretary-Treasurer.
(14)
Inform the Industrial Division President, IUE-CWA Automotive Conference Board,
and District Council of all charges filed against the Local with federal or
state agencies and of all lawsuits in federal or state court against said Local
Union.
(15)
Be the chief executive officer of the Local.
Perform all the duties necessary to the proper administration of the
affairs of the Local, consistent with this Constitution, subject to advice and
control by the Local’s Executive Board.
This section shall be interpreted to mean that the President shall have
the authority to act in the name of the Local between Executive Board meetings.
DUTIES OF THE FIRST
(1ST) VICE-PRESIDENT
Section C.
Duties
of the First (1st) Vice-President shall be:
(1)
Assist the President in the performance of all duties and act in his/her
absence.
(2)
In the event the office of President is vacated, the First (1st) Vice-President
shall assume that office for the remainder of the President’s unexpired term.
DUTIES OF THE SECOND
(2ND) VICE-PRESIDENT
Section D.
(1)
In the absence of the First (1st) Vice-President, assist the President in the performance
of all his/her duties.
(2)
In the event the office of First (1st) Vice-President becomes vacant, the
Second (2nd)
Vice-President
shall assume that office for the remainder of the First (1st) Vice-President’s unexpired
term.
(3) In the event the offices of President and
First (1st) Vice President become vacant, the Second (2nd) Vice-President shall
assume the office of President for the remainder of the President’s unexpired
term. In this event the President shall
appoint, subject to membership approval, a First (1st) and Second (2nd) Vice-President.
DUTIES OF THE
EXECUTIVE SECRETARY
Section E.
The
duties of the Executive Secretary shall be:
(1)
Keep minutes and other necessary records of the meetings of the Local Union and
Executive Board.
(2)
Conduct all correspondence.
(3)
Be responsible for setting up and holding educational meetings of the Local.
(4)
Coordinate benefit plans of the membership of the Local and assist benefit
representatives with problems relating to Worker’s Compensation.
(5)
Assist the Chairman of the Shop Committee in preparation for arbitration.
(6)
Perform such other duties, with the approval of the Local Executive Board, as
may be necessary for the proper and effective administration of the record
keeping functions of the Local.
DUTIES OF THE
FINANCIAL SECRETARY
Section F.
The
duties of the Financial Secretary shall be:
(1)
Receive, receipt and account for all money paid to the Local.
(2)
Furnish all supplies pertaining to the Local.
(3)
In conjunction with the Treasurer, give accounting of all Local expenditures
and receipts.
(4)
Turn over all money to the Treasurer within five (5) business days of receipt.
(5)
Furnish a monthly written and semi-annual oral and other periodic financial
reports of the Local.
(6)
Furnish a semi-annual financial report to the CWA Secretary-Treasurer.
(7)
Regularly provide the CWA with an up-to-date mailing list of the Local’s
members, and with the name and address of each new member, member withdrawal,
transferred or suspended members and any other change that may affect the
membership list.
(8) Sign checks in conjunction with the Treasurer
or President, as directed by the Executive Board.
(9) Verify receipts of
monthly dues money from CWA and balance the CWA monthly dues report.
Make
per capita payments to state and local bodies with which the Local is
affiliated.
(10)
In conjunction with the President, send official notice to the Secretary-Treasurer
of the
CWA
setting forth the condition of the Local’s books and records and stating if such
books and records have been audited, and send a copy of the annual audit by a
qualified accountant.
(11)
Secure an annual audit by a qualified accountant and send a copy of such audit
to the CWA Secretary-Treasurer as soon as available.
(12)
Be responsible for filing federal and state tax and related federal forms.
(13)
Maintain a file of membership applications and or check-off authorization cards.
(14)
Perform all such other duties, with the approval of the Local Executive Board,
as may be necessary for the proper and effective administration of the
financial affairs of the Local.
DUTIES OF THE TREASURER
Section G.
Duties
of the Treasurer shall be:
(1)
Receive all money from the Financial Secretary and give receipt for same.
(2)
Check all money received from the Financial Secretary with the receipt book.
(3)
Deposit all money within five (5) business days after receipt of such monies,
in accounts as directed by the Executive Board.
(4)
Account for all monies deposited.
(5)
Pay all bills authorized by the Local.
(6)
In conjunction with the Financial Secretary, give accounting for all Local
expenditures and receipts.
(7)
Report annually to the Executive Board, at the close of the Local’s accounting
year concerning the level of bonding.
(8)
Sign checks in conjunction with the Financial Secretary or President after
authorization of the Executive Board.
(9)
Perform such other duties with the approval of the Local Executive Board, as
may be necessary for the proper and effective administration of the financial
affairs of the Local.
DUTIES OF THE CHAIRMAN
OF THE SHOP COMMITTEE
Section H.
Duties
of the Chairman of the Shop committee shall be:
(1)
Make reports to the Committeepersons’ Council Meetings.
(2)
Check the activities of committeepersons in order to improve the functioning of
the committeeperson system, and to make reports and recommendations at meetings
of the Committeepersons’ Council for this purpose.
(3)
Be responsible for processing of grievances as established by the collective
bargaining agreement with the Employer.
(4)
Act as Chairman of the Shop Committee at all meetings of the Shop Committee
except during negotiations of the national agreement or local supplement.
(5)
Make regular reports to the membership and Executive Boards of his/her
activities.
(6)
Establish the date, time and place and make arrangements for committeepersons
elections.
(7) See that all provisions
of the contract are enforced.
(8)
Appoint committeepersons to represent those departments or groups who have
failed to elect a committeeperson to represent them or to act in the absence of
a committeeperson until an election is held in accordance with this
constitution.
(9)
Respond to emergency calls from Union members where committeepersons are unable
or unwilling to act.
(10)
Be responsible for maintenance of grievance records.
(11) Any Sub-committee
Chairpersons , Shop, District, or Alternate District Committeepersons not complying with his/her duties as required
by this Constitution, may be temporarily suspended by the Chairman of the Shop
Committee with the approval of the Executive Board, pending the outcome of the
charges filed against him/her under Article XIII and subsections of this
Constitution.
Section I.
Duties
of the Trustees shall be:
(1)
To audit all books and records of the Local prior to each regular Executive
Board meeting. Witness the audited
financial report by the President and Financial Secretary of the Local Union to
the CWA Secretary-Treasurer informing him/her that the Local’s books and
records have been audited.
(2)
Make a report of findings and recommendations at the next regular membership meeting
following such audit.
(3)
Safeguard all properties of the Local Union.
(4)
Maintain an inventory of property owned by the Local union and perform an
annual inventory.
(5)
In all cases where an election results in the election of three (3)
inexperienced Trustees, the President shall appoint an incumbent Trustee to
continue in a consulting capacity for a period covering at least one audit.
(6)
Trustees shall be privileged to attend all Executive Board meetings with voice
but no vote.
(7)
Trustees shall act as Sergeant-at-Arms in the absence of the regular
Sergeant-at-Arms.
DUTIES OF SERGEANT-AT-ARMS
Section J.
Duties
of Sergeant-At-Arms shall be:
Whenever
a meeting is declared a closed meeting, the Sergeant-At-Arms shall examine all
persons present at the meeting to ascertain if they are in good standing. They shall not permit any person who is not
in good standing to remain at a closed meeting.
Anyone who is under the influence of intoxicating liquors will not be
permitted to remain at any meeting. They
shall eject from the meeting any person ordered ejected by the membership. They shall assist the Chairman in maintaining
order and may call upon other members for assistance. See that members sign the registration book
upon attending membership meetings.
DUTIES OF THE EXECUTIVE
BOARD MEMBERS AT LARGE
Section K.
The
duties of the Executive Board Members at large shall be to serve on the
Executive Board.
DUTIES OF THE LOCAL
EXECUTIVE BOARD
Section L.
Duties
of the Local Executive Board shall be:
(1)
The Local’s Executive Board, consistent with the Constitution, shall advise and
control
the
course of action of all officers and committees of the Local and shall act in
conjunction with the President, in the name of the Local, between membership
meetings. The Executive Board shall
perform such duties, in conjunction with other officers, as are necessary to
the proper administration of the affairs of the Local, consistent with the
Constitution, and shall be furnished a complete itemized account of all expenses
entailed in the administration of the Local.
(2)
A majority of the members of the Executive Board shall constitute a quorum.
(3)
All decisions of the Executive Board shall be by a majority vote of the members
present and voting.
(4)
The Executive Board, at any time may require from any officer, a full and
detailed statement of account of any action or business done in the name of the
Local.
(5)
The Executive Board may fix the compensation paid any officer, member, or other
person employed by the Local and determine expenses to be allowed.
(6)
Determine the financial arrangements necessary to insure that the business of
the Local Union functions in an orderly way, provided, however, that purchases
for any single item for which cost exceeds five hundred dollars ($500.00) shall
be approved by the membership.
(7)
The Executive Board shall meet at least one (1) time per month between
membership meetings or as determined by the Executive Board and at such other
times as the Executive Board or President may determine. Special meetings shall be called by the
President upon petition of eight (8) members of the Executive Board.
(8) Any Executive Board member who misses three
(3) consecutive Executive Board meetings without reasonable excuse shall be removed
from office, after charges have been filed and a hearing held pursuant to this
Constitution.
(9)
Annually review the level of the Local’s bonding.
ARTICLE VI
NOMINATION AND
ELECTION OF OFFICERS
NOMINATION
Section A.
(1) The Executive Secretary shall notify the
membership of the offices at stake and the date, time and place of
nominations. Such notice shall be mailed
to each member in good standing at his / her last known home address not less
than fifteen (15) days prior to nominations.
In the alternative, the Executive Secretary may make arrangements to
have a notice setting forth the date, time and place of nominations and the
offices at stake inserted in an issue of the CWA newspaper and or the Local 755
“Union Do’s” newspaper to be published and mailed not less than fifteen (15)
days prior to nominations. In that
event, it shall be the duty of the Executive Secretary during the month of
January to forward to the CWA newspaper and or the Local 755 “Union Do’s” newspaper
the most recent home addresses of each Local member. It is the obligation of each member to inform
the Executive Secretary promptly of his / her home address and any changes
therein. At the regular membership
meeting held in March of the election year, the Executive Secretary shall
announce to the membership that nomination for officers shall be held at the
next regular membership meeting. Further
notice may be given by direction of the Executive Board.
(2)
Nominations for office shall be made from the floor at the next regular
membership meeting in April of the election year.
(3)
The order of nominations shall be: President, Chairman of the Shop Committee,
Executive Secretary, First (1st) Vice-President, Second (2nd) Vice-President,
Financial Secretary, Treasurer, Executive Board Members-at-large, Trustees and
Sergeants-at-arms.
(4)
Only members in good standing, as determined by the IUE-CWA, shall be eligible
for nomination for office. The
nomination procedure set forth in this Article shall be exclusive. No member whose dues have been withheld by
his/her employer for payment to the Local pursuant to his/her voluntary
authorization provided for in a collective bargaining agreement shall be
ineligible to be a candidate for office by reason of delay or default in the payment
of his/her dues so withheld. All
currently employed working members who have executed check off authorizations
shall be in good standing if otherwise in good standing. To be eligible for nomination, a member must
have one (1) year seniority with the Employer at the time of nomination. In addition, to be eligible for nomination, a
member must have attended at least six (6) regular membership meetings within
the twelve (12) month period prior to the month in which nominations are
held. Any member who misses a membership
meeting because of Union activity or leave of absence from the employer, or any
reasonable cause as defined by the Local
Executive Board, shall be credited with attendance at said regular membership
meeting. All members will be credited
with attendance at regular membership meetings upon cancellation of such a
regular membership meeting.
(5)
No member of this Local who is on leave of absence in order to retain
employment with an employer other than Local 755 shall be eligible to be
nominated for, elected to or hold office or other position in this Local.
(6)
No members shall be eligible to be nominated for, elected to, or hold office or
other position in this Local who is disqualified under Article V, Section 3
through 6 of this Constitution.
(7) No Nominee may accept nomination for more
than one (1) of the offices set forth in this Article, Section A(3).
(8)
The Executive Secretary shall, within three (3) days after nominations are
closed, obtain written notice from each person nominated, on forms supplied by
the Local, as to whether said nominees decline or accept nomination. If no response is obtained from a nominee
within said three (3) days of the close of nominations, the Executive Secretary
shall, by certified mail with a return receipt requested, notify nominees of
the office for which they have been nominated.
Nominees will be required to reply within three (3) days of receipt of
said notice if they accept or decline nomination. Nominees failing or refusing to accept nomination
within ten (10) days of closing of nominations shall be deemed to have declined
nomination. It shall be the
responsibility of each nominee to be certain that the Local
ELECTION COMMITTEE
Section B.
(1)
At the membership meeting at which nominations are made, an Election Committee
of thirty-five members shall be nominated and elected from the floor provided,
however, no officer or nominee for such office may serve on this committee. The Election Committee member receiving the
highest number of votes who is willing to serve shall be Chairperson of the Election committee. The Election Committee member receiving the
next highest number of votes, who is willing to serve, shall be the Secretary
of the Election Committee. In the event
that there are insufficient nominees to fill the Election Committee positions,
the Chairperson of the Election
Committee may appoint members to the committee.
If less than all members of the committee are to be used in any election
of this Local, the committee members to serve shall be determined in the order
in which they were elected, proceeding from the member receiving the highest
vote on down the list. The Election Committee, Chairperson, President
and Executive Secretary shall determine the number of tellers to be used in all
officer elections of this Local. The
Election Committee shall serve until a new Election Committee is elected in
accordance with this Constitution.
(2)
Nominees for the Election committee must be in good standing, as determined by
the IUE-CWA to be eligible for
nomination. In addition thereto,
nominees must have attended three (3) of the last twelve (12) regular membership
meetings prior to the date nominations were opened. Any member who misses a membership meeting
because of Union activity or leave of absence from the employer shall be
credited with attendance at said meeting.
All members will be credited with attendance at regular membership
meetings upon cancellation of such a membership meeting.
ELECTION
Section C.
(1)
The date in May, hours and place of the election shall be determined by the
Executive Board in the month of November of the preceding year in sufficient
time for notice of this information to appear in the CWA newspaper and or the Local
755 “Union Do’s,” in accordance with procedure outlined under Section C(2)
below, if such notice is to be used. If
other forms of mailing notices are to be employed, the Executive Board shall
determine during the month of February the date in May, hours, and place of
such election in time for the mailing of such notices to the Local’s membership. The date, hours and place of runoff elections
and notice thereof shall be determined by the Executive Board at the time it
establishes the date, time and place of the regular election.
(2) The Executive Secretary shall notify the
membership of the offices at stake and the date, hours and place of
election. Such notice shall be mailed to
each member in good standing at his /her last known home address not less than
fifteen (15) days prior to nominations.
In the alternative, the Executive Secretary may make arrangements to
have a notice setting forth the date, hours and place of election and the
offices at stake inserted in an issue of the
CWA newspaper and or the Local 755 “Union Do’s” to be published and
mailed not less than fifteen (15) days prior to nominations. In that event, it shall be the duty of the
Executive Secretary during the month of January to forward to the CWA newspaper and or the Local 755 “Union
Do’s” the most recent home addresses of each Local member. It is the obligation of each member to inform
the Executive Secretary promptly of his/her home address and any changes
therein.
(3)
Within at least seven (7) days prior to the election, the Executive Secretary
shall notify the membership of the names of all candidates and the offices to
which they have been nominated, and the date, hours and place of the
election. This notice shall be by leaflet
distribution or posting in the plant or by other means as determined by the
Executive Board.
(4) The Election Committee shall conduct and
supervise the election, which shall be by secret ballot (which includes the use
of voting machines), keep the polls open at the hours designated, determine in
accordance with the Constitution the eligibility of persons voting, distribute
ballots, count ballots immediately after closing of the polls, tabulate the
number of persons who voted, and make any other election arrangements
required. Unauthorized persons shall not
be allowed to remain in the Local Hall.
Persons having business with the Local or working shall be allowed to
remain in the Local Hall office area while conducting business. All members in good standing, as determined
by the IUE-CWA Division Rules, shall be
eligible to vote in any election, unless specified otherwise in this
Constitution. No members whose dues have
been withheld by his/her employer for payment to the Local pursuant to his/her
voluntary authorization provided for in a collective bargaining agreement shall
be declared ineligible to vote by reason of delay or default in the payment of
dues so withheld. All currently working
members who have executed appropriate check-off authorization shall be eligible
to vote if otherwise in good standing.
(5)
The names of all candidates running for offices as part of a slate of
candidates shall appear on the same line of the ballot or same numbered and/or
lettered position on the voting machine.
Candidates running for office other than as part of a slate of
candidates shall appear on a separate line.
Those positions where no independent candidate is running for office
shall be blank. The order in which slates
of candidates and independent candidates shall appear on the ballot shall be
determined by drawing by the slates’ Presidential candidates and
independents. The independent candidate
for the first office in the order set forth in Article VI, Section 3 shall draw
for all independent candidates. In the
event there are no independent candidates for an office higher than that of
Executive Board Member at large, the Secretary of the Election Committee shall
draw on behalf of all independent candidates.
Any candidates wishing to use a nickname on the ballot shall make a
timely written request. Any nominee may
have an adequate number of observers at the polls and at the counting of the
ballots. Any ballot marked so as to
reveal the identity of the voter or which does not reflect the intent of the
voter shall be void. Write-in votes
shall be prohibited and be declared void, if made. The Executive Secretary shall post the
results of the election within seventy-two (72) hours after the election. The Executive Secretary shall preserve for
one (1) year after the election the ballots and all other records pertaining to
the election.
(6)
Election of officers must be conducted without manipulation or taint and in
compliance with the requirements of applicable federal law.
(7)
A plurality of votes shall be sufficient to elect all officers and other
positions in the Local.
(8) In the event no candidate for an office or
other position in the Local can be declared elected because of a tie vote, the
Election Committee shall conduct a runoff election between the tied candidates.
TERM OF OFFICE
Section D.
(1) The officers shall hold
office for three (3) years. The next
officer election shall be in 2004 and every three (3) years thereafter.
(2) All books, records, money and all other
properties of the Local shall be delivered to the newly elected officers upon
their induction into office, which shall take place on June 1 of the same year
as their election.
VACANCIES
Section E.
Vacancies
in office shall be filled by appointment by the President subject to approval
of the membership. The President shall
appoint an acting officer to serve until the vacancy is filled.
OBJECTIONS
Section F.
(1)
Objections to an election shall be filed with the Executive Secretary within ten
(10) days after the official announcements of the election results. Objections must be filed in writing and only
by a member in good standing who is or was a bonafide candidate for a contested
office in said election. The objections
should state in clear, specific terms the facts and reasons for the
objections. Objections to the election
of a local officer or delegate to the District Council, Conference Board or
the IUE-CWA Division Conference and the
CWA Convention on the grounds that the Local Union did not comply with the
notice and secret ballot requirements of the law must clearly specify those
objections; and, if the complaint fails to do so, the objection shall be deemed
to be waived and may not be the basis for any complaint or appeal under the
provisions of the Local’s Constitution or the
IUE-CWA Divisional Rules. The
Executive Secretary shall forward copies of the objections to all interested
parties. The objections shall be heard
by the Executive Board, whose decision shall thereafter be subject to appeal to
the next regular membership meeting.
Appeals from the decision of the Executive Board to the membership shall
be filed with the Executive Secretary within ten (10) days after notification
of the Executive Board’s decision.
Thereafter, appeals may be made in accordance with the provisions of the
IUE-CWA Divisional Rules.
(2) The challenged election shall be presumed
valid and the installation of officers shall take place in accordance with the
provisions of this Constitution, pending a final determination of the
objections.
RECOUNTS
Section G.
A
losing candidate may seek a recount under the following conditions:
(1)
Within five (5) days after the official announcement of the election results,
notify the Executive Secretary and winning candidate in writing of the request
for a recount setting forth all reasons for the request.
(2)
Wherever the margin of the winning candidate is two percent (2%) or less, the
Election Committee shall conduct, upon proper request, a recount at the Local’s
expense.
(3) If the margin of the winning candidate is
more than two percent (2%) the recount request shall be handled as follows:
(a) The losing candidate shall
establish to the satisfaction of the Local’s Executive Board that a recount may
change the results of the election.
(b)
In the event a recount is ordered by the Executive Board, the candidate
seeking the recount shall, within five (5) days after notification by the
Executive Secretary of the cost of the recount, post with the Executive
Secretary a certified check or cash in the amount of such costs.
(c)
Recounts shall be conducted in the same manner as an initial count of
the ballots.
(d)
In the event a recount changes the election results, the recount cost
deposit advanced by the candidate shall be refunded.
Section H.
(1)
Installation of officers shall be conducted pursuant to the installation oath
in the IUE-CWA Divisional Rules.
(2) All officers and acting officers shall remain
in office until their successors are installed.
Section I.
Eligibility
of persons including those on layoff, on leave of absence, on strike, those
retired or discharged or suspended, to vote in Local elections should be
determined in accordance with provisions and interpretations of the IUE-CWA
Divisional Rules, and as provided herein.
Section J.
Members
who are on qualified vacations during the week of election will be permitted to
cast absentee ballots on a day specified by the Executive Board, not more than
one week prior to the election date.
Ballots will be held in sealed envelopes by the Executive Secretary
until the date of the election, when they will be opened by the Election
Committee. Only members in good standing
will be permitted to cast absentee ballots.
ARTICLE VII
DELEGATES
Section A.
The
Local Union may send delegates to the IUE-CWA Divisional Conference and the CWA
Convention, District Council, Conference Board, State AFL-CIO Conventions and Local
AFL-CIO Councils.
STATE AND LOCAL AFL-CIO BODIES
Section B.
In
the month of January commencing in the year
2004 and every three (3) years thereafter, delegates shall be nominated
to the state AFL-CIO Conventions and Local AFL-CIO Council. Nine (9) delegates shall be elected to Local
AFL-CIO Council and nine (9) delegates
to the State AFL-CIO Convention. Elections of delegates to be held in February
commencing in 2004 and every three (3) years thereafter.
IUE-CWA DIVISIONAL CONFERENCE
AND THE CWA CONVENTION AND DISTRICT COUNCIL
Section C.
In
the month of May, commencing in 2004 and
every three years thereafter, delegates shall be nominated to the IUE-CWA Divisional Conference and CWA
Convention and District Council. Nine
(9) delegates shall be elected to the
IUE-CWA Divisional Conference and CWA Convention and eight (8) delegates
to the District Council. Election of
delegates to be held in June commencing in 2004 and every three years
thereafter.
CONFERENCE BOARD
Section D.
Members
elected as Sub-Committee Chairpersons and of the Shop Committee shall serve as
delegates to the IUE-CWA Automotive
Conference Board.
GENERAL PROVISIONS
Section E.
(1)
The President shall be an automatic delegate to all bodies to which the Local
sends a delegate.
(2)
The Chairman of the Shop Committee shall be an automatic delegate to the IUE-CWA Automotive Conference Board and
District Council.
(3)
The Executive Secretary shall be an automatic delegate to the IUE-CWA Automotive Conference Board and
District Council.
Section F.
Except
as provided in Section E above, the Executive Board subject to approval of the
membership, shall determine the number of delegates to attend the functions set
forth in this Article, Section A, who will be compensated by the Local. Elected delegates who are not to be
compensated by the Local shall be allowed to attend such functions as a
delegate at their own expense.
Section G.
The
provisions of Article VI, Section A(4) of this Constitution concerning eligibility to be nominated for or
elected to office in this Local shall apply to delegate selection.
Section H.
All
elected delegates shall be elected by secret ballot vote of the members at a
regular or special membership meeting.
Section I.
A
delegate report shall be given to the membership at the next regular membership
meeting following the conference or convention.
Section J.
Any
delegate elected in any body under this Article who misses three (3)
consecutive regular membership meetings without reasonable excuse shall be
removed from office, after charges have been filed and hearing held pursuant to
this Constitution. Any delegate who misses
a regular membership meeting because of Union activity or while on leave of
absence shall be credited with attendance at said membership meeting. All
members will be credited with attendance at regular membership meetings upon
cancellation of such a regular membership meeting.
ARTICLE VIII
NOMINATIONS, ELECTION AND DUTIES OF SUB-COMMITTEE CHAIRPERSONS
AND COMMITTEEPERSONS
Section A.
Sub-Committee
Chairpersons and Committeepersons shall be nominated and elected by membership
of the Local employed on the shift in the district or zone which the committeeperson shall represent, in districts
or zones established by the collective bargaining agreement with the Employer.
Section B.
All
Sub-Committee Chairpersons shall be nominated from the floor at the April
meeting of the election year, and shall be elected by the people on their
respective shifts and who are working in their respective zones. The member placing a name in nomination must
be employed on the shift and in the zone for which the nomination of a
candidate is made.
Section C.
All
District and Alternate Committeepersons
shall be nominated on a date in April and elected on a date in May, time and
place to be determined by the Executive Board.
Nominations shall be executed and submitted in writing to the Chairman
of the Shop Committee. The member
placing a name in nomination must be employed in the district or zone, as the
case may be, for which the nomination of candidate is made. Shop
Committeepersons who are also District Committeepersons shall be
nominated on a day as determined by the Executive Board at least seven (7) days
following General Elections. Nominations
are to be presented in writing to the Chairman of the Shop Committee.
Section D.
(1)
Notice of the nomination periods and the date, time and place of elections shall
be posted in the plant on appropriate bulletin boards by the Chairman of the
Shop Committee or by other appropriate notice.
(2)
All acceptance of nomination shall be executed by the nominee in writing on
forms supplied by the Local and given to the Chairman of the Shop Committee
within forty-eight (48) hours of the time the Chairman of the Shop Committee
posts a list of nominees. Any nominee
not executing an acceptance of nomination in writing will be taken to have
declined nomination.
(3)
The Chairman of the Shop Committee shall post on appropriate bulletin boards in
the plant a list of names of all members who have accepted nominations at least
forty-eight (48) hours prior to the election.
Section E.
Nominees
for committeepersons must be in good
standing, as determined by the IUE-CWA,
to be eligible for nomination. In
addition thereto, nominees must have attended three (3) of the last six (6)
regular membership meetings prior to the date nominations were open. Any member who misses a membership meeting
because of Union activity or leave of absence from the Employer shall be
credited with attendance at said regular membership meeting. All members will be credited with attendance
at regular membership meetings upon cancellation of such a regular membership
meeting.
ELECTION
Section F.
The
Election Committee or part thereof as determined by the Executive Board (in
conjunction with the Chairperson of the
Election Committee) shall conduct the election
and tabulate the results. The
Executive Secretary shall post the
results within seventy-two (72) hours of the close of the election.
Section G.
Sub-Committee
Chairpersons, and the District and Alternate District Committeepersons
elections shall be conducted in May. No
member may be elected to more than one of the following positions: Sub-Committee Chairperson, District Alternate
and District Committeeperson. Elections for the Shop Committeepersons who
are also District Committeepersons shall be held on a day in June as determined
by the Executive Board at least seven (7) days following nominations.
Section H.
The
Provisions of Article VI, Section C(4) of this Constitution shall apply to Committeepersons elections as far as
applicable.
Section I.
The
date, times and place of runoff elections shall be determined by the Executive
Board.
ASSUMING OFFICE
Section J.
All committeepersons shall assume their positions
the first Monday following the election, at which time the former
committeepersons shall turn over all Union records and material in their
possession to the new committeepersons.
OBJECTIONS
Section K.
Objections
to committeeperson elections shall be filed and handled in accordance with
provisions of Article VI, Section F of this Constitution.
RECOUNTS
Section L.
Recounts
of elections shall be controlled by the provisions of Article VI, Section G of
this Constitution.
TERM OF OFFICE
Section M.
Elections
for committeepersons shall be conducted in 2004 and every three (3) years
thereafter.
RECALL
Section N.
A committeeperson may be recalled and
nomination and election of the committeeperson
shall be conducted after recall pursuant to the following provisions:
(1)
A petition to recall must be signed by seventy-five percent (75%) of the
members in good standing which the committeeperson represents as of the date
the petition is submitted to the Chairman of the Shop Committee.
(2) The petition shall be presented to the
Chairman of the Shop Committee who shall verify the signatures in conjunction
with the Executive Secretary.
(3) If the petition contains signatures of
seventy-five percent (75%) of the members in good standing which the
committeeperson represents, nominations and elections for committeeperson in the zone or district shall
be conducted by the Chairman of the Shop Committee in accordance with
provisions of this Article as soon as practical, but in any event, such
election shall be conducted within thirty (30) days of verification of
signatures.
VACANCIES
Section O.
Permanent
vacancies in any committeeperson’s position shall be filled by the nomination
and election procedures of this Article if thirty (30) months or less have
passed since the committeeperson assumed
the position. If more than thirty (30)
months have passed since the
committeeperson assumed the position, the Chairman of the Shop Committee
shall appoint an acting committeeperson
to serve until the next regular election and nomination and election to fill the vacancy shall not be conducted.
Section P.
All committeepersons resignations must be signed
and dated and given to the Chairman of the Shop Committee, who shall be
empowered to accept the resignation on behalf of the Local.
DUTIES OF
COMMITTEEPERSONS
Section Q.
Duties
of the Committeepersons shall be:
(1)
Endeavor to adjust grievances in their respective areas.
(2)
Approach all non-Union members in their respective areas, as often as may be
necessary, for the purpose of enrolling them as members of the Local.
(3)
Have a copy of the Union Contract, including supplements thereto, and see that
their provisions are complied with.
(4)
Call meetings of his/her zone or district to discuss mutual problems.
(5)
Keep informed on all matters of general concern to the Local.
(6)
Process grievances in accordance with the collective bargaining agreements with
the employer.
(7)
All committeepersons shall attend the
Committeepersons’ Council meetings in which they are involved. Any
committeepersons missing three (3) consecutive Committeepersons’ Council
meetings in which they are involved without reasonable excuse, may be removed
from office by the Committeepersons’
Council in which they are members.
(8)
In addition to the above duties, Shop
Committeepersons shall be delegates to the Automotive Conference Board and shall serve
on the Local Negotiation Committee.
(9) Take the following oath:
Installing
Officer - (Chairman of the Shop Committee or other officer)
Brother
or Sister, do you accept the office of
committeeperson to which you have been elected?
Installing
Officer: “Raise your right hand and
repeat after me: I do solemnly promise on my most sacred word of honor, before
these members present, that I will faithfully perform the duties of
(___________) Committeeperson to the
best of my abilities. I do further
promise that I will never misrepresent this Local or permit it to be
misrepresented if in my power to prevent it.
I do further pledge that I will use every possible means to organize the
unorganized employees. I will attend
all Committeeperson Council meetings if
possible. If at any time I am absent
from said Committeepersons’ Council for
three (3) consecutive meetings without good and sufficient reason, the Committeepersons’ Council may declare my position vacant and a new committeeperson shall be selected to succeed
me. I will turn over all properties
of IUE-CWA Local 755 that I have
entrusted to me to my successor.
COMMITTEEPERSONS’ COUNCIL
Section R.
(1)
Each shift shall have a separate Council.
(2)
The Committeepersons’ Council shall
consist of all Committeepersons on the
shift, Chairman of the Shop Committee, and members in good standing on the
shift.
(3)
Each Committeepersons’ Council shall
elect its chairperson and secretary from among its members.
(4)
The Committeepersons’ Council shall
receive reports on the status of grievances and shall solve problems of
concern.
(5)
All actions taken shall be by majority vote of those members present and
voting.
(6)
Meet as determined by the Chairman of the Shop Committee or as directed by the
respective Committeepersons’ Council.
ARTICLE IX
COMMITTEES
Section A.
The
standing committees of the Local shall be as follows: Those committees
established pursuant to the collective bargaining agreement with Employer.
Section B.
The
standing committees shall be appointed pursuant to the collective bargaining
agreement with the Employer.
Section C.
The
committees shall report to the Executive Board upon request and to the
membership.
Section D.
If
a representative is sent to any conference or meeting relating to any subject
covered by a standing committee or relative to functions of an officer, the
delegate order shall be as follows:
(1) Chairperson or officer, (2)
other member(s) of the standing committee.
The Executive Board shall determine whether representatives shall attend
such functions subject to membership approval.
If delegate(s) other than the standing committee chairperson is to be
sent, the Executive Board shall decide which committee members shall be a representative
subject to membership approval.
ARTICLE X
MEETINGS
Section A.
Regular
monthly membership meetings shall be held as determined by the President. The
President
shall have the power in an emergency situation to change the membership meeting
date. A regular monthly membership meeting
may be canceled completely upon approval of the Executive Board.
Section B.
Special
membership meetings may be called by the President, the Executive Board or on
the petition of twenty-five percent (25%) or more of the members paying dues
for the previous month, for the transaction of any special business. Notice of special membership meetings shall
be given by the President at least forty-eight (48) hours prior to the meeting,
in a manner which shall reasonably assure that all members will receive the
notice. The notice shall set forth specifically the purpose(s) of the meeting
and no other business shall be transacted. Special membership meetings called
pursuant to petition of the members may not be held more often than every six
(6) months to consider the same matter.
Section C.
A
quorum of five (5) members must be present at regular and special membership
meetings for the transaction of business.
A meeting called for the nomination of election of officers shall not be
subject to any quorum requirements.