Teamsters Local 177
282 Hillside Avenue Hillside, NJ 07205
Amended January 1, 2018
Department Store & Wholesale Drivers, Warehousemen & Helpers LOCAL UNION No. 177
Where used in these By-Laws, words in the masculine also shall be read and construed as in the feminine in all cases where such construction would apply.
We, the members of Local No. 177, realizing the necessity of joining together for the purpose of obtaining a better understanding of unionism, hereby unite through this Organization for the attainment of better representation of Local No. 177.
This Local Union shall be known as the Department Store and Wholesale Drivers, Warehousemen and Helpers, Local Union No. 177, affiliated with the International Brotherhood of Teamsters.
The geographical jurisdiction of this Local Union shall be Northern New Jersey including the county of Monmouth and all counties north of Monmouth County.
The principal office of this Union shall be maintained in the Town of Hillside, County of Union, and State of New Jersey. The Executive Board may change the location of the principal office and establish and maintain other offices at other locations, in the event of any change in the location of the principal office or any additional offices that shall be maintained, the Executive Board shall notify the membership at the next General Membership meeting.
ELIGIBILITY FOR MEMBERSHIP
Eligibility to membership in this Local Union shall be as set forth in the International Constitution, and applicants for membership shall comply with and be subject to the requirements imposed by these bylaws and the International Constitution.
The officers of this Local Union shall be the President, Vice President, Secretary-Treasurer, Recording Secretary and three (3) Trustees. These officers shall constitute the Executive Board of the Union. The term of office of all officers shall commence on the first of January in the year following the election
DUTIES OF THE PRINCIPLE EXECUTIVE OFFICERS
DUTIES OF THE PRESIDENT
DUTIES OF THE VICE PRESIDENT
It shall be the duty of the Vice President to preside at Local Union meetings in the absence of the President. He shall perform such other duties and render such assistance as may be directed by the principal officer or president.
DUTIES OF THE SECRETARY-TREASURER
DUTIES OF RECORDING SECRETARY
It shall be the function of the Recording Secretary to attend General Membership meetings of the Local Union and the Local Union Executive Board and to keep minutes of the proceedings. Minutes shall accurately record the motions made at meetings and shall include the names of the members making and seconding a motion, whether the motion was adopted or rejected, and the results of any division of the house or secret ballot votes. He shall keep a record of the names of the members comprising each committee and handle all correspondence of the Local Union assigned by the principal officer or authorized by membership resolution. In his absence, the President shall appoint a member to act as Recording Secretary pro tempere who shall have the duties set forth above. The President shall appoint a member or members to keep minutes of meetings which are held by division or craft. The minutes of every meeting of the Local Union Executive Board and the Local Union shall be read and approved at the next following meeting of the members involved. Minutes of division or craft meetings shall be read and approved at the next following meeting of the division or craft involved.
DUTIES OF TRUSTEES
It shall be the duty of the Trustees to conduct or have conducted a monthly examination of the books of the Local Union and the results thereof shall be reported at the next regular membership meeting. They shall sign the books of the Secretary-Treasurer if they found them correct and the bank balances verified. In the event that a Trustee declines to sign the books, the Trustee must state, in writing, to the Local Union Secretary-Treasurer his reasons for declining to do so and shall also advise the General Secretary-Treasurer of those reasons. A Trustee’s disagreement with an expenditure properly authorized by the Executive Board or membership shall not be a valid basis for refusing to sign the books. Trustees shall not sign blank reports. The Trustees’ report shall be sent to the General Secretary-Treasurer as required by the International Constitution. They shall receive and review the original surety bond covering each officer, employee, and representative of the Local Union required to be bonded, and retain it at the Local Union’s principal office. They shall have the duty to see that such bonds are current and enforceable. In the event of the unavailability of a Trustee, the remaining Trustees or Trustee shall perform the above functions. In performing their functions the Trustees may avail themselves of the services of the Certified Public Accountants retained by the Local Union Executive Board.
The office of Business Agent shall be an elective position. Business Agents shall organize, service, and negotiate in such establishments as they may be directed from time to time by the Executive Board. The Business Agents, whether appointed or elected, shall be subject to the supervision and direction of the principal executive officer.
Wardens and Conductors shall be appointed by the Executive Board. They shall admit only those entitled to be in attendance. They shall not allow any member under the influence of alcohol or drugs to enter the meeting place and shall assist the Chair in maintaining order.
POWER AND DUTIES OF LOCAL UNION EXECUTIVE BOARD
The Local Union Executive Board, in addition to such other general powers conferred by these By-Laws is hereby empowered to:
OFFICERS – GENERALLY
I,________________________________ , do sincerely promise, upon my honor as a trade unionist and a Teamster, that I will faithfully use all of my energies and abilities to perform the duties of my office, for the ensuing term, as prescribed by the Constitution and By- Laws of this Union. As an officer of this great Union, I will, at all times, act solely in the interests of our members, devote the resources of our Union to furthering their needs and goals, work to maintain a Union that is free of corruption, to preserve and strengthen democratic principles in our Union, and to protect the members’ interests in all dealings with employers. I will never forget that it is the members who put me here, and it is the members whom I will serve. I further promise that I will faithfully comply with and enforce the Constitution and laws of the International Union and By-Laws of this Union, that I will, at all times, by example, promote harmony and preserve the dignity of this Union. I also promise that at the close of my official term, I will promptly deliver any money or property of this Union in my possession to my successor in office.
EXPENSE AND AUTOMOBILE ALLOWANCES
When a representative of the organization is engaged in activities in the interest of or for the benefit of the organization and its members within the scope of his authority, the labor organization shall pay the expenses incurred therein, with the approval of the Executive Board.
Any such allowance must be of a reasonable amount, based upon the financial condition of the Local Union and the expenses the allowance is expected to cover. All policies adopted by the Executive Board shall be written and included in the Policies and Procedures Manual referenced in Section 14(A)(2) of these Bylaws.
Where allowances are provided, officers and employees may not be reimbursed for additional expenses for items intended to be covered by the allowance without specific additional authorization by the Executive Board and approval by the membership. In no event shall an officer or employee receive more than one payment for the same expense.
The Local Union must provide its full-time officers or representatives with automobiles. In such instance where the Local Union provides an automobile, title to the automobile shall remain at all times in the name of the Local Union. It is recognized that such officers are required to be on instant call at all times. Accordingly, for the convenience of the Union as partial compensation for such additional responsibilities, such officers shall be permitted use of such automobiles on a round-the-clock, continuous base. Upon authorization of the Local Union Executive Board, the principal officer is empowered to sell exchange or lease automobiles or arrange financing therefore in behalf of the Local Union.
The Local Union Executive Board may from time to time provide the terms and conditions of employment for officers, employees and representatives of this organization including, but not limited to, such fringe benefits as vacation with pay, holidays, sick leave, time off for personal leave, and, in connection therewith, any disability or sickness, health and welfare and retirement from time to time provide changes therein, as well as additional compensations and allowances. Vacation time and pay will not be accumulated from year to year.
NOMINATIONS AND ELECTIONS OF OFFICERS
Meetings as hereinafter established for nominations of officers shall be held in September subject to the provisions of the International Constitution. Elections shall be held not less than thirty days after nominations have been closed. The Local Union Executive Board shall set the time and place of nominations and elections and such time and place and other relevant arrangements shall be convenient to the greatest possible attendance by all the members.
The term of office of Local Union officers and elected Business Agents shall not be for a lesser period than three (3) years, except where necessary to bring the terms of office of all officers in concurrence or in order to provide for a schedule of nominations and elections in accordance with Article XXII, Section 4(a) of the International Constitution.
At least twenty (20) days prior to the date of the nomination meeting, specific notice of the date, time and place of the nomination meeting and the offices to be filled shall be mailed to the membership (except that notice of nominations and election may be combined); each member shall be advised in such notice that the election rules are set forth in the By-Laws and International Constitution which are available upon request.
C. (1). Every member whose dues are paid up through the month which is prior to the month in which the nominations or election is held and working within the jurisdiction of this Local Union shall have the right to nominate, vote for, or otherwise support the candidates of his choice. No member whose dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to nominate, or vote for, a candidate for office in the Local Union, by reason for a delay or default in the payment of dues by the employer to the Local Union. However, a member on check-off shall be under a duty to pay his dues directly to the Local Union during any calendar month in which he does not have sufficient earnings, which are subject to the checkoff authorization, from which his employer could make the dues deduction.
C. (2). To be eligible for election any office in this Local Union, a member must be in continuous good standing in this Local Union and actively employed at the craft within the jurisdiction of this Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said office and must be eligible to hold the office if elected. “Continuous good standing” means compliance with the provisions of Article X, Section 5 of the International Constitution requiring payment of dues on or before the last business day of the current month together with no interruptions in active membership in this Local Union because of suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Provided however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c) such period of withdrawal shall not be considered a break in continuous good standing in the Local Union. Payment of dues after their due date shall not restore good standing status for such month or months in computing the continuous twenty-four (24) months good standing status required by this Section as a condition of eligibility for office. No member shall lose his good standing status for any month in which his dues have been withheld by his employer for payment to the Local Union pursuant to hi voluntary authorization provided for in a collective bargaining agreement by reason of delay or default in the payment of such dues by the employer to the Local Union.
However, a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from work performed during the month from which the dues could have been deducted, or has earnings from which the employer normally makes a dues deduction pursuant to the contract or established practice, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer’s failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status.
C. (3). Failure of a Local Union to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft within the jurisdiction of the Local Union during the required twenty-four (24) period to his nomination if a challenge is made based on evidence to the contrary, in which event a determination shall be made on the facts presented. Periods of unemployment during the twenty-four months period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the craft, and not working outside the craft during such period of unemployment.
Members in a reserve component of the military or National Guard who are called to active service lasting more than thirty (30) days but not more than twenty-four (24) consecutive months, may have their eligibility determined in accordance with Article II, Section 4(a)(4) of the International Constitution.
D. Nomination Procedures
D. (1). Nominations shall be held in accordance with provisions of Section 17 A. above at a general or special membership meeting or meetings of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold separate meetings. If nominations are held at separate division, craft or place of employment meetings, the members may nominate candidates from their own or any other division, craft or place of employment for election to Union office. Nominations and the conduct of the election and related questions shall be the first order of business as the nomination meeting and complete minutes shall be kept of that business. Nothing in this provision shall prohibit the holding of a special meeting, at which meeting nominations and the conduct of elections shall be the sole order of business. Nominations shall be taken at the scheduled time and date even if there is no quorum present as required by these Bylaws. D.
(2). Nominations shall be made at the meeting by a member in good standing other than the nominee by motion seconded by a member in good standing other than the nominee. Nominations may also be submitted by mail petition specifying the name and signature of the nominator and seconder, the position sought, and the signature of the nominee. Candidates are advised to verify the good standing status of their nominator and seconder prior to the nomination meeting.
D. (3). Every member eligible to nominate candidates shall be entitled to nominate or second the nomination of one (1) candidate, but only (1), for each office open. Prospective candidates may not nominate themselves nor second their own nomination.
D. (4). Nominations shall not be closed until a call for further nominations has been made three (3) times by the Chair without further nomination being made.
D. (5). If an election committee is used, after nomination each candidate for the office of President, Secretary-Treasurer and Recording Secretary may designate one (1) member for service thereon who shall thereupon be appointed by the President.
D. (6). In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the nomination meeting, effective as of the conclusion of the term of the previous incumbent.
D. (7). A member otherwise eligible to run for office shall become a bonafide candidate only upon his nomination for office and acceptance of the nomination. To be eligible to nominate and otherwise participate in the nomination meeting, a member must have his dues paid through the month prior to the month in which the nomination meeting is held. Candidates must accept nomination at the time made either in person or, if absent, in writing, and may accept nomination for only one office. A member may also run for and be elected as a Business Agent or Assistant Business Agent, as provided in Article XXII, Section 8 of the International Constitution, and may hold the office and the position if elected to both. After a candidate has accepted the nomination, he may not, under any circumstances, revoke his acceptance after the ballots are printed, except where as a result of the revocation the remaining candidate is unopposed.
D. (8). If any nominee should die before the election, his name shall nevertheless appear on the ballot. In the event such name shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office as provided in Section 14(A)(5) of these bylaws.
D. (9). If there is only one (1) nominee for an office and he is finally ruled ineligible after the nomination meeting, then the office shall be filled by appointment by the newly elected Local Union Executive Board.
E. (1). After the nominations meeting, but not less than twenty (20) days prior to the election specific notice of the date, time and place of the election and of the offices to be filled shall be mailed to each member at his last known home address, if no notice has previously been sent.
The election shall be held at such place or places and at such time, not earlier than thirty (30) days after the nomination meeting, as may be designated by the Local Union Executive Board. The election shall be by secret ballot through the use of voting machines to be located at a place or places designated by the Local Union Executive Board; balloting shall be open for a period no less than six (6) hours during the period between the hours of 9:00 a.m. and 5:00 p.m. A Local Union may extend voting beyond these hours if necessary to accommodate work schedules and provide members a reasonable opportunity to vote. It shall be the duty of the Local Union Executive Board to provide safeguards for the honest and fair conduct of such election.
E. (2). Voting shall be conducted by secret ballot among the members in good standing. There shall be no proxy voting. Each such member shall be entitled to one vote. The Local Union Executive Board shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the International Constitution and the Local Union By-Laws, including the authority to use mail referendum balloting or absentee balloting without membership approval. The General President shall also have the authority to direct the use of mail referendum balloting or absentee balloting without membership approval, and action for the Local Union Executive Board to the contrary notwithstanding.
E. (3). Each candidate, at his own expense, shall have the right to have an observer other than himself at each polling place and at the counting of the ballots who must be a member of the Local Union in good standing. Observers may challenge the eligibility of voters, and all challenged ballots shall be sealed in a blank envelope which in turn shall be sealed in an envelope with the name of the voter thereon. If votes are challenged, such challenge shall be made in writing at the time of the election with specific reasons given for such challenge. Challenges shall be investigated to determine their validity, if the challenged ballots are sufficient in number to affect the result of the election. The blank envelope containing the ballot shall not be opened until all challenges have been ruled upon. Upon request of any candidate, deemed reasonable by the election committee, voting machines shall be checked for proper operation. Candidates shall have the right to be present at the counting of the ballots.
E. (4). To be eligible to vote in the election a member must have his dues paid through the month prior to the month in which the election is held and must still be an active member on the day of the election. The candidate for each office who receives a plurality of the votes cast for the office shall be elected there except in the case of Trustees in which case the three (3) candidates receiving the highest number of votes shall be elected. In the event of a tie vote, the candidates shall resolve such tie by lot except in the case of a tie for the office of principal officer of the Local Union, in which case there shall be a reelection between only the candidates who have tied for the highest number of votes and only for that principal office.
E. (5). No officer may run for another office in this Local Union, the term of which covers part of his current term, unless he resigns from his current office, effective upon the certification of the results of the election. He shall announce his intention to resign not later than fifteen (15) days prior to the nomination meeting and will not be eligible for appointment to the vacancy created by his resignation. No officer may hold another office in any Local Union (other than a trusteed Local Union) during his term of office except by authorization of the General President and the Local Unions involved.
E. (6). There shall be no write-in candidates and any ballot containing a write-in candidate shall be void insofar as the vote for that office is concerned and such ballot for that office shall not be considered as having been cast in determining the vote for that office.
E. (7). During the period between the date of election and the end of the term of office no extraordinary expenditures of Local Union funds shall be made, and no action shall be taken that commits the Local Union to make such extraordinary expenditures in the future, without the approval of the officers elect and the membership. An expenditure shall be considered extraordinary if it falls within the definition set forth in Article XXII, Section 4(e) of the International Constitution. In the event the election results in a new complement of officers, the outgoing officers must comply with the restrictions in Article XXII, Section 2(b) of the International Constitution regarding entering into contracts for personal services.
F. Duties of Secretary-Treasurer in Connection with Nominations and Election
F. (1). The Secretary-Treasurer shall at least twenty (20) days prior to the holding of the nominations give notice, as above provided, to the membership of the time, place and date and the offices for which nominations will be in order in connection with the election. Such notice shall be given in the manner determined by the Local Union Executive Board, consistent with these rules.
F. (2). The Secretary-Treasurer shall review the eligibility to hold office of any member at such members request and shall make a report on the eligibility of the member within five (5) days thereafter to any interested member. The Secretary-Treasurer shall comply with requests from members to determine their eligibility if made prior to the nomination meeting. After the nomination meeting, the Secretary-Treasurer shall review the eligibility of all candidates, their nominators and seconders and certify their eligibility to run for office. The Secretary-Treasurer shall immediately notify all nominees of their eligibility status and shall specifically notify and disqualified nominee of the reason for said disqualification.
F. (3). Unless a joint nomination-election notice was sent, the Secretary-Treasurer shall give written notice to the membership of the Local, at least twenty (20) days prior to any election date, of the time, place, date, hours, and number of offices upon which voting shall be held, by mailing such notice to the
F. (4). Upon reasonable request of any declared and eligible candidate for office, the Secretary-Treasurer shall arrange for the distribution of any campaign literature by mail, or otherwise, provided that such candidate pays the reasonable estimated cost involved in advance. Candidates may make such requests a reasonable period of time prior to the conduct of the nomination meeting. The Secretary-Treasurer shall not delay the distribution of any candidate’s mailing. Any reduced rate mailing permit available to any candidate shall be made available to all candidates on an equal basis.
The Secretary-Treasurer may require that all campaign literature shall be presented to him at the principal office of the Local Union no later than a reasonable number of days prior to the election and all candidates shall be given reasonable notice of that cutoff date. The Secretary-Treasurer may, where in his judgment it appears necessary to provide for a consolidation of such distribution in which case the cost of such distribution shall be assessed upon the candidates involved on a pro rata basis.
F. (5). The Secretary-Treasurer to the extent required by law shall upon reasonable notice make available for inspection by any bonafide candidate the membership list of the Local Union covered by union security agreements once within thirty (30) days prior to the election date. No candidates shall be permitted by the Secretary-Treasurer to copy any names or addresses of employees shown on such list and such inspection must be made in the presence of the Secretary-Treasurer or his designee.
F. (6). The Secretary-Treasurer shall retain a copy of the notices of nominations and of the election, a copy of the ballot, the official tally sheet submitted by the tellers, all ballots, ballot return envelopes and such other records including election rules as shall relate to the conduction of the election. All copies and records shall be retained for one (1) year.
F. (7). It shall be the responsibility of each member to keep his dues and current address up to date.
F. (1). Any member who desires to challenge a ruling on eligibility to run for office shall appeal, in writing, within forty-eight (48) hours after receipt of the ruling to the General President or his designee. The decision of the General President shall be appealable to the General Executive Board pursuant to the provision of Article VI, Section 2 of the International Constitution. In the event there shall be any protest or charges made concerning an election by any member prior to the holding of the election, such protest or charge shall be made in writing by such member within forty-eight (48) hours of his knowledge of the event complained of and shall specify the exact nature and specifications of the protest. Such protest or charges shall be made to the Local Union Secretary-Treasurer who shall refer the protest or charges to the Local Union Executive Board for disposition. The decision of the Local Union Executive Board shall be appealable to the General President, pursuant to the provisions of Article VI, Section 2 of the International Constitution.
G. (2). In the event there shall be any protest or charge by any member concerning the conduct of the election after the election has been held, such protest or charge shall be made in writing by such member within seventy-two (72) hours setting forth the exact nature and specifications of the protest and his claim as to how it has affected the outcome of the election. Such protest or charge shall be made to the Secretary-Treasurer of the Joint Council or State Conference, if there is no Joint Council, with which the Local Union is affiliated and the protest or charge shall be referred to the Joint Council Executive Board for disposition. The decision of the Joint Council Executive Board shall be appealable to the General Executive Board for final decision, which is not appealable to the Convention, in accordance with the provisions of Article XIX of the International Constitution to the extent that such provisions may be applied to an election protest or charge.
DUES, INITIATION FEES, ASSESSMENTS, ETC.
The minimum monthly dues of this organization shall be calculated on the basis of the formula set forth in Article X, Section 3(d) of the International Constitution. In no event shall monthly dues be less than the minimum established in the International Constitution.
Initiation fees for membership in this organization shall be $300.00. However, such initiation fee may be waived or reduced in connection with the organization of unorganized employees at the discretion of the Local Union Executive Board.
The reinitiating fees shall be equal to the prevailing initiation fee.
Any member, who shall be three (3) months in arrears in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the third month and shall not be entitled to any rights or privilege of membership. Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of suspension. Upon payment of the delinquent dues and re-initiation fee, the member shall be restored to good standing status. However, payment of dues shall not restore good standing status if fines and other charges due are not paid. The Local Union Executive Board shall have the power to waive, or reduce, on a nondiscriminatory basis, the payment of delinquent dues, assessments and/or re-initiation fees.
General or special assessments and levies may be made from time to time in the manner provided hereinafter.
Members, in addition to their initiation fee shall pay a death fund assessment of ten ($10.00) dollars.
Any increase in the rate of dues, initiation fees, death fund assessment or levying of any general or special assessment by the Local Union shall be made at a general or special membership meeting in accordance with the following procedures:
G. (1). Reasonable notice shall be given of the meeting at which the membership will consider the question of whether or not such dues, initiation, re-initiation, death fund assessment, general or special assessment shall be increased or levied. The notice shall indicate that a proposed increase or assessment is to be voted on.
G. (2). At the meeting called as provided in this Section, voting shall be by secret ballot of the members in good standing.
G. (3). A majority vote by secret ballot of the members in good standing voting at such meeting shall decide the issue.
G. (4). This provision supersedes Section 29 (Amendments) with respect to changing the dues and fees set forth in these By-Laws.
G. (5). Nothing contained in Section 18 G. of these By-Laws shall be construed to apply to action by the International Union or to limit the right of the International Union to raise the dues of the membership, and the international Union shall not be subject to these provisions. The International Union shall in no way be subject to the provisions of Section 18 G. of these By-laws.
Membership meetings shall be general or special.
A. (1). Four General Membership meetings shall be held yearly in the months of January, May, September and November. This Local Union will hold regular craft meetings in accordance with Article XIV, Section 2(b) of the International Constitution.
A. (2). The presiding Chairman can detail members or other persons to remove persons who have been ordered removed, or to prevent attendance of members who are “under the influence” or disorderly without calling upon the police.
A. (3). Members in attendance at membership meetings shall have the right to express their views, arguments or opinions upon any business properly before the meeting subject to these By-Laws and the rules and regulations adopted by the Local Union Executive Board pertaining to the conduct of meetings, but no member in exercising such rights shall evade or avoid his responsibility to the organization as an institution or engage in or instigate any conduct which would interfere with the Local Union’s performance of its legal or contractual obligations.
A. (4). The Local Union Executive Board is authorized to permit membership meetings to be held on a division, craft, and place of employment or other similar bases as it shall consider appropriate considering the special needs of the organization so as to permit the membership to attend meetings and to express their views and otherwise exercise their rights as members. There shall be no limitation on the right of any member to be heard at any such separate meeting provided herein on all matters which apply to the general membership, but such member shall be permitted to vote at such separate division, craft or place of employment meeting to which he has been assigned. Membership meetings permitted under this subsection shall be subject to all of the requirements of subsections (a) (1), (2) and (3) above.
A. (5). When the Local Union Executive Board authorizes such meeting by division, craft, or place of employment, each such meeting shall be conducted by the officers of the Local Union or by their designees and under the same procedures and rules as a general membership meeting, excepting only special meetings for limited purposes such as voting on contracts or strikes, handling of grievances, etc.
A. (6). On all matters which apply to the general membership, the votes of the meeting of each particular division, craft, or place of employment shall be totaled to determine the action of the Local Union in such matter.
The President may, on his own motion, call a special meeting, Reasonable notice of the date, time, and place of any special meeting, and of the questions to be presented, shall be given to the membership.
The quorum of a general or special membership meeting shall be fifteen (15). The Local Union Executive Board shall establish the number constituting the quorum for division, craft or place of employment meetings.
When a referendum is authorized by the Local Union Executive Board, reasonable notice shall be given by the Secretary-Treasurer of time, date, place, and question upon which the referendum is to be held. In a referendum, only members affected shall be permitted to vote concerning matters not affecting the entire membership. The Local Union Executive Board shall, at least ten (10) days in advance of the referendum, adopt rules and regulations for the conduct of the referendum.
E. Subject to the provisions of Article VI, Section 1(h) of the International Constitution, every member eligible to vote in any election under Section 17(c)(1) shall be eligible to vote on any question before the membership meeting or in a referendum.
F. If it should appear to the presiding Chairman that any member is so conducting himself to constitute a threat to the orderly conduct of the business of the meeting, he may order him ejected.
At any time when in the judgment of the presiding Chairman of the meeting it appears that the meeting has become so disorderly as to prevent proper deliberation on the matters which might properly come before the meeting the presiding Chairman shall have the right to adjourn such meeting forthwith, upon his own motion, and without second, and even though there may be other motions upon the floor. There shall be no appeal form such action since it is taken as a result of conditions which would prevent orderly consideration of the appeal by the meeting.
If such action is taken by the presiding Chairman, the time and place for a subsequent meeting, to be held within thirty (30) days shall be determined by the Executive Board.
The rights of members to attend meetings, to remain in such meeting or to participate in matters which come before such meetings are subject to the above powers and duties of the presiding Chairman and of the Local Union Executive Board.
A. (1). He shall have executed a written application for membership on form provided by the Secretary-Treasurer.
A. (2). He shall have signed a dues checkoff authorization permitting the initiation fee to be withheld from earnings. If no dues checkoff authorization is signed, membership shall date from the first month for which dues are paid, once full payment of the initiation fee is completed or he shall have tendered the initiation fees, death fund assessment, and one month’s dues by cash.
A. (3). The Local Union shall have accepted his application and dues.
A. (4). All new members presenting themselves for initiation shall receive upon request a free copy of the International Constitution and local Union By-Laws form the Local Union. However, any alleged failure to receive such copy shall not excuse a member from violation of any duty or obligation imposed upon him by his oath of office, initiation or membership.
A. (5). The first money received from an applicant for membership must be applied to the payment of dues for the month in which the applicant is first obligated to pay dues. If this Local Union permits an applicant to pay an initiation fee on a deferred basis the installment payments must be allocated to first satisfy the member’s dues obligation. Membership for new members shall date from the first month for which dues are paid once full payment of the initiation fee is completed.
B. Good Standing
B. (1). A member shall lose his good standing membership in this organization by acceptance of a withdrawal card, by suspension or expulsion from membership after appropriate proceedings consistent with the By-Laws or the Constitution, or by nonpayment of dues on or before the last business day of the current month. Members whose dues have been withheld by their employer pursuant to a voluntary check-off agreement shall not be declared in bad standing merely because the employer fails to remit check-off dues to the Local Union on or before the last day of the month.
Payment of dues to an officer or steward authorized by this Local Union to collect such dues shall be deemed payment to the Local Union.
B. (2). Any member in a suspended status because of his failure to pay his dues or other obligations as required by the International Constitution and these By-Laws, and not suspended or expelled from membership pursuant to disciplinary action, may reinstate his good standing for the purpose of attending Local Union meetings and voting at elections by the payment of all delinquent dues and other financial obligations prior to such meeting and election.
C. Issuance of Transfer and Withdrawal Cards
C. (1). The issuance of transfer cards must be handled in strict compliance with Article XVIII, Sections 1 and 2 of the International Constitution. The acceptance of transfer cards must be in accordance with the provisions of Article XVIII, Sections 3 and 4. The jurisdiction to issue honorable withdrawal cards must be handled in strict compliance with Article XVIII, Sections 6 and 7 of the International Constitution.
C. (2). When the Local Union is required to give to a member an honorable withdrawal card under the terms of the International Constitution and these By-Laws it may provide for the continuance of Local Union benefits to such inactive member under conditions which it may set forth, but such inactive member shall not be permitted to hold office or vote, and shall have only such right to participate in the meetings and the affairs of the Local Union as shall be uniformly permitted by the Local Union Executive Board.
C. (3). A withdrawal card shall be issued to any member of this Local Union, including a Local Union officer, who has retired, except that a member, who continues to work at the craft, including employment with the International Union or any affiliate, shall be required to retain active membership.
C. (4). All members on withdrawal from this Local Union shall be permitted to attend meetings but shall not participate, vote, or hold office.
C. (5). Withdrawal cards may be issued at the request of members to cover periods of disability as determined by the principal officer. It shall be understood however, that continuity of service for the twenty four (24) month period of eligibility to nominate or run for office shall be broken. Upon his return to work, said member shall surrender his withdrawal card at the Union office.
D. Upon the approval of these Bylaws by the General President, supervisory employees and such other classifications as the Local Union Executive Board may lawfully determine, shall take no part on committees selected to negotiate wages and working conditions with employers, and shall not be permitted to vote on any such agreement or on any vote to strike or take other action with respect to the agreement to which they may be subject or parties. Supervisory employees shall not be permitted to hold office unless permitted by federal, state, local or provincial law.
E. Responsibility of Members to the Local Union
E. (1). Every member by virtue of his membership in this Local Union is obligated to abide by these By-Laws and the International Constitution with respect to his rights, duties, privileges and immunities conferred by them. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of fellow members.
E. (2). Every member by virtue of his membership in this Local Union covered by a collective bargaining agreement at his place of employment authorizes this Local Union to act as his exclusive bargaining representative with full and exclusive power to execute agreements with his employer governing terms and conditions of employment and to act for him and have final authority in presenting, processing and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement or out of his employment with such employer, in such manner as the Local Union or its officers deem to be in the best interested of the Local Union all subject to Article XII and other applicable provisions of the International Constitution relating to such matters. The Local Union and its officers, business representatives and agents may decline to process any grievance, complaint or dispute if in their reasonable judgment such grievance, complaint or dispute lacks merit. The provisions of Article XII, Section 2, relating to area, multi-area, national companywide or industry wide contracts, shall supersede any provision of this Section.
E. (3). No member shall interfere with the elected officers or business agents of this organization in the performance of their duties, and each member shall, when requested, render such assistance and support in the performance of such duties as may be required by them. Each member and officer shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the performance of this Local Union of its legal or contractual obligations.
E. (4). No member shall engage in dual unionism or espouse dual unionism or disaffiliation, nor shall any member slander or libel the Local Union, its members or its officers, or be a party to any activity to secure the disestablishment of the Local Union as the collective bargaining agent for any employee.
E. (5). No member shall be permitted at any Union meeting or assembly to engage in any of the conduct herein before described.
E. (6). Every member shall follow the rules of order at all meetings of the Local Union.
E. (7). Membership in this Local Union shall not vest any member thereof with the right, title or interest in or to the funds, property or other assets belonging to the Local Union now or hereafter and no member shall have a property right to membership in this organization.
E. (8). No Member seeking to resign from membership in any Local Union may do so except by submitting such resignation in writing to the Secretary-Treasurer of the Local Union. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Local Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Local Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.
F. Rights of Members
No provision of these By-Laws, rule of parliamentary procedure or action by the Local Union or its officers shall be administered in such a way as to deprive individual members of their rights under applicable law and the following membership rights:
F. (1). The right to nominate candidates or vote in elections or referendums of the Union;
F. (2). The right to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings;
F. (3). The right to meet and assemble freely with other members and to express any views, arguments, or opinions, upon any business properly before the meeting, subject to the organization’s established and reasonable rules;
F. (4). The right to information concerning the conduct of Local Union business;
F. (5). The right to institute an action in any court or in a proceeding before any administrative agency, irrespective of whether the Local Union or its officers are defendants in the action, or to appear as a witness in a judicial, administrative or legislative proceeding, or to petition any legislator, subject to the exhaustion of intra-union remedies as required by the International Constitution and applicable law.
For the purpose of Section 20(F) only, the term meeting” includes any public meeting to which members of the Local Union are invited. All the rights of members set forth in Section 20(F) shall be subject to reasonable application and subject to the right of the Local Union to impose reasonable limitations upon the exercise of these rights by the members.
CHARGES AND TRIALS
B. (1). Trial. Every member charged with a violation of these By-Laws or the International Constitution shall be accorded a full and fair hearing as required by law. No member of the Local Union Executive Board involved in the subject matter of the charge, shall sit on the trial board. The decision on disqualification under this provision, if raised by an interested party, shall be made in the first instance by majority vote of the Local Union Executive Board, whose decision shall be appealable as part of the case, in accordance with the appeal procedure of the International Constitution and these By-Laws. The officer alleged to be involved shall not vote on whether he is qualified to remain on the hearing panel. If the member charged or preferring the charges is a member of the Local Executive Board, or if a member of the Local Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint a uninvolved member as a substitutive. If either the President or Secretary-Treasurer of the Local Union is charged or has preferred the charges, or is unable to attend the hearing for any reason, the other officer shall appoint the substitute. If both the President and Secretary-Treasurer of the Local are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Local Union Executive Board shall appoint the substitutes. Charges by, against or involving a majority of the members of a Local Union Executive Board shall be filed with the Secretary-Treasurer of the Joint Council for trial by the Joint Council Executive Board. In no event shall any involved officer or member serve on a hearing panel, participate in the selection of a substitute member of a hearing panel, or participate in the decision making process of the trial body.
Whenever the words “Joint Council” appear in other sections of these Bylaws, they shall mean Joint Council or State or Multi-State Joint Council and include State or Multi-State Conferences in all matters relating to disputes and appeals where there is no chartered Joint Council.
C. (1). Charges. Charges shall be in writing and signed by those filing same and must be filed in duplicate with the Local Union Secretary-Treasurer of the body which is to hear the charges, who shall serve the charges and notice of the hearing upon the accused either in person or by mail at least ten (10) days prior to the hearing. No hearing on any charge shall be held less than ten (10) days from the date on which notice of the hearing has been served on the parties unless all parties agree to waive this requirement. In scheduling the time and place of the hearing, due consideration shall be given to the convenience of the accused and witnesses necessary in the case. The charges must set forth the provisions of the International Constitution or these By-Laws allegedly violated and the acts which allegedly constitute such violation in sufficient detail to inform the accused of the offense charged, including, where possible, dates and places.
C. (2). The charging party must include in the charges all alleged offenses of which he has knowledge or in the exercise of due diligence should have knowledge, as of the time of the filing of the charges. He may not subsequently file additional charges based upon facts of which he had knowledge or in the exercise of due diligence should have had knowledge as of the time of the filing of the charges. Any charge based upon alleged misconduct which occurred more than five years, before the discovery of the conduct giving rise to the charge is barred and shall be rejected by the Secretary-Treasurer except charges based upon the non-payment of dues, assessments and other financial obligations. No member or officer shall be required to stand trial on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded. Nor shall a member or officer be required to stand trial on charges that are substantially the same or arise under the officer provided that a decision was rendered on those prior charges. Charges may be preferred against a suspended member or an ex-member who has been issued a withdrawal card.
C. (3). In the event of non-compliance with the decision handed down by a trial or appellate body, the member, elected business agent, officer or Local Union shall stand suspended from rights and privileges under the International Constitution until the provision of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carries with it an order of expulsion, the order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal.
C. (4). Rights of the Accused. Throughout the proceedings there shall be a presumption of innocence in favor of the accused. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the panel must vote to find the charged party guilty. The accused shall have the right to present his own evidence, rebut testimony against him, present witnesses favorable to him and cross examine adverse witnesses. The charging party, the accused and the Local Union Executive Board may select only a member in good standing of the Local Union to represent them at a hearing conducted before any trial or appellate body. Witnesses need not be members. The hearings shall be open to other members, subject to the discretion of the Local Union Executive Board maintaining order and in excluding witnesses except when testifying.
C. (5). Action by the Local Union Executive Board. The Local Union Executive Board shall have the authority to determine the manner of reporting the hearings and shall have authority to exclude any method not authorized by it. Any request by a party that a verbatim record be made must be received by the Executive Board not later than five (5) business days prior to the scheduled commencement of the hearing and shall be honored. If the Local Union Executive board decides to have a transcript or recording of the hearing made, the Local Union Executive Board shall furnish a copy available to the parties for copying or consultation without cost.
Within a reasonable time after completion of the hearing, the Local Union Executive Board shall decide the case. The decision of the Local Union Executive Board shall be in writing and contain the charges, its own factual findings and decision, and a notice to the parties informing them of the proper body to which they may appeal, and the time within which the appeal must be filed. A copy of the decision of the Local Union Executive Board must be forwarded to the parties without delay. A copy of all documents in the proceedings shall be kept available at the Local Union’s principal office until final disposition is made of these charges.
C. (6). Appeals. Appeals shall be taken pursuant to the provisions of Article XIX of the International Constitution.
RULES OF ORDER
Rule 1. The regular order of business may be suspended by a vote of the meeting at any time.
Rule 2. The Chairman of the meeting shall enforce these rules and regulation and may direct that members be removed from the meeting for violation of these rules.
Rule 3. Any activity which has the effect of disturbing a member while speaking or disturb the conduct of the meeting or hinder the transaction of business shall be deemed a violation of order.
Rule 4. Attending meetings under the influence of alcohol or drugs is basis for removal.
Rule 5. The meeting may determine what portions of its business shall be secret.
Rule 6. When a member wished the floor, he shall rise and respectfully address the Chair, and if recognized by the Chair he shall state his name.
Rule 7. If two or more members rise to speak, the Chair shall decide which is entitled to the floor.
Rule 8. Every member, while speaking, shall adhere to the
question under debate and avoid all invective and indecorous language, but all members shall have the right to express their views, arguments and opinions upon candidates and upon any business properly before the meeting.
Rule 9. No member shall interrupt another member while speaking except for a point of order, and he shall definitely state the point, and the Chair shall decide the same without debate.
Rule 10. Any member, while speaking, being called to order
by another, at the request of the Chair, shall cease speaking and be seated until the question of order is determined.
Rule 11. If any member shall feel himself aggrieved by a decision of the Chair, he may appeal from the decision of the Chair to the meeting without debate.
Rule 12. When an appeal is made from the decision of the Chair, said appeal shall be stated by the Chairman to the meeting in these words: “Shall the decision of the Chair be sustained as the decision of this meeting?” The member taking the appeal will have the right to state the grounds of appeal, and the Chair will give his reasons for the decision. Thereupon, the members will proceed to vote on the appeal without further debate, and it shall require a majority vote to overrule the Chair.
Rule 13. No member shall speak more than once on the same question until all members wishing to speak have had an opportunity to do so, no more than five (5) minutes at one time.
Rule 14. In presenting a motion, a brief statement of its object may be made, but no discussion of its merits shall be admitted until the question is stated by the Chair.
Rule 15. Any member may call for a division of a question when the subject or sense admits thereof.
Rule 16. All votes other than amendments to these By-Laws
or rules or Order may be reconsidered at the same or next succeeding meeting upon a motion made and seconded by two (2) members who voted in the majority, provided a majority of the membership present and voting agrees thereto; but after a motion to reconsider has once been lost, it shall not be removed without debate.
Rule 17. The following motions shall have precedence in the following order: first, to adjourn; second, to close debate; third, to take up the previous question; fourth, to lay on the table; fifth, to postpone indefinitely; sixth, to postpone to a definite time; seventh, to refer; eighth, to amend. The first four shall be decided without debate.
Rule 18. When a question is postponed indefinitely, it shall not come up again, except upon a majority vote of the members present and voting.
Rule 19. The motion to close debate may be made by two (2) members, and shall be put in this form: “Shall the debate now close?” if adapted, the President shall proceed to take up the question before the membership, according to priority, without further debate.
Rule 20. The call for the previous question on the original motion may be made by six (6) members and shall be put in this form: “Shall the main question be now put?’ if adopted, the effect shall be to take up the question on the original motion to the exclusion of all debate and all amendments which have not been adopted.
Rule 21. If proper motion to amend has been made, the question on the amendment shall be put first; if more than one amendment has been offered, the question shall then be put as follows: first, amendment to the amendment; second amendment; third, original proposition.
Rule 22. A motion to adjourn shall always be in order except; first, when a member has the floor; second, when members are voting; third, when a motion is pending.
Rule 23. A motion to adjourn having been put and lost shall not be in order again, provided there is further business before the Local Union, until fifteen (15) minutes have elapsed.
Rule 24. The Chair shall state every question coming before the Local Union before permitting the opening of debate thereon. Immediately before putting it to a vote he shall ask: “Is the Local Union ready for the question?” Should no member rise to speak on the question, or if a majority shall vote to close discussion, the Chair shall close the question and no member shall be permitted to speak further upon it.
Rule 25. When the presided Chairman has commenced taking the vote, no further debate or remarks shall be allowed, unless a mistake has been made, in which case the mistake shall be rectified and the presiding Chairman shall recommence taking the vote.
Rule 26. One (1) tap of the gavel shall call to order; two (2) taps to be seated; three (3) taps to rise.
Rule 27. Any question on procedure in debate, not provided for herein, shall be governed by Robert’s Rules of Order, Revised.
Rule 28. All rulings of the presiding officer or procedure which are not challenged during the meeting become final and unappealable upon adjournment of the meeting.
The Standing Committees of this Local Union may include Committees on By-Laws, Finance and Organization,
Application, Unemployment, Grievance and Benefits, and such committees shall perform such duties and functions as shall be assigned to them from time to time by the Local Union Executive Board.
The Local Union acknowledges that the Constitution of the International Brotherhood of Teamsters supersedes any provisions of these Bylaws herewith or hereinafter adopted which may be inconsistent with such constitution. The Local Union incorporates herein the provisions of the International Constitution, as they may have interpreted, modified, or amended from time to time, which are applicable to Local Union matters and affairs, and shall perform all the duties imposed upon a Local Union by such Constitution.
These By-Laws are subject to the Constitution and By-Laws of the International Brotherhood of Teamsters and applicable Conference and Joint Council By-Laws.
Neither this Local Union, nor any of its officers, business agents or employees, has the power to make any contract or agreement or to incur any liability which shall be binding upon the International Union or any of its affiliates other than this Local Union unless the written consent of the governing body or executive officer thereof has first been obtained authorizing such action. Neither this Local Union nor any of its officers, representative or employees has been authorized or empowered to act as an agent of the International Union or any of its affiliated bodies and shall not be deemed an agent for any such body unless expressly authorized in writing by the governing body of such body to act in this capacity. No agreement or contract shall be binding upon this Local Union unless executed and delivered by its duly authorized officer’s, and a contract or agreement for personal services shall not be binding beyond the expiration of the term of the Executive Board at the time such contract or agreement is made. This shall not prevent a Local Union Executive Board from entering into a bona fide collective bargaining agreement with another union covering Local Union employees, subject to the requirements of Article XXII, Section 2(b) of the International Constitution.
LOCAL UNION PROPERTY
No property of the Local Union, and no property in the possession, custody or control of this Local Union or any of its officers representatives or employees and no property held in trust by any trustee for and in behalf of this Local Union, express or implied, which was created or established by this Local Union, and whose purpose is to provide benefits for the Local Union itself, or the members of the Local Union or their beneficiaries, shall be given, contributed, donated or appropriated, either directly or indirectly, to aid or assist or be expended in behalf of any seceding, dual or antagonistic labor organization or group, nor to any Local Union which is acting in violation of the Constitution of the International.
NEGOTIATIONS, RATIFICATION OF AGREEMENTS, STRIKES AND LOCKOUTS
Fellow worker, you will now take an obligation that will bind you the International Brotherhood of Teamsters and this Local Union, and that will in no way conflict with your religious belief or your duties as a citizen:
I, _________________________ , pledge my honor to faithfully observe the Constitution and the laws of the International Brotherhood of Teamsters and the Bylaws and laws of this Local Union.
I pledge that I will comply with all the rules and regulations for the government of the International Union and this Local Union.
I will faithfully perform all the duties assigned to me to the best of my ability and skill.
I will conduct myself at all times in a manner as not to bring reproach upon my Union.
I shall take an affirmative part in the business and activities of the Union and accept and discharge my responsibilities during any authorized strike or lockout.
I pledge not to divulge to non-members the private business of this Union, unless authorized to reveal the same.
I will never knowingly harm a fellow member.
I will never discriminate against a fellow worker on account of race, color, religion, sex, age, physical or mental disability, or national origin, or sexual orientation, gender identity, or other legally protected group.
I will refrain from any conduct that would interfere with the Union’s performance of its legal or contractual obligations.
I will at all times bear true and faithful allegiance to the International Brotherhood of Teamsters and this Local Union.
All members will be covered by a Death Fund. The amount of the benefit shall be determined by the Local Union Executive Board.
The fiscal year of this organization shall commence on the first day of January.
Date last revised: __1 January 2018_______________________________
Page Last Updated: Jan 14, 2021 (13:24:55)