CONSTITUTION
ARTICLE I
NAME, AFFILIATION AND JURISDICTION
This Organization shall be known as INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, Local Union No. 34. This Local has been issued a charter by the INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS and is subject to the Constitution, By- Laws, Rules, Regulations and Practices of the INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS.
ARTICLE II
OBJECTS
The objects of this Union shall be to encourage a higher standard of skill among its members, to cultivate a feeling of friendship among the craft, to obtain and maintain a fair standard of wages, to assist each other in securing employment, to protect the jurisdiction of the craft, to engage in cultural, civic, legislative, fraternal, educational, charitable, welfare, social and other activities which further the interests, directly or indirectly, of this organization and its membership, and to use all legal and appropriate means for the accomplishment of the foregoing objects.
ARTICLE III
MEETINGS
Section 1. The regular meeting of this Local shall be held on the Third Tuesday of each month, at 5:30 P.M., at such place as shall have been selected by the Local. No notice of regular meeting shall be required. Quarterly Union Meetings shall be those Regular Union Meetings held in the months of March, June, September and December.
Section 2. At the direction of the Executive Board or upon written request of not less than five (5) members, the President shall call a special meeting of the Local upon reasonable written notice to the membership. The notice shall specify the business to be brought before such meeting and only the business so specified shall be considered at the meeting.
Section 3. A quorum for the purpose of transacting business by the Local shall consist of not less than fifteen (15) members present in person at any regular or special meeting. No action of any meeting shall be invalid for lack of a quorum unless the question of lack of a quorum was raised before such action was taken. A regular meeting may transact any and all business coming before it without prior notice except as otherwise specifically provided in these By-Laws. All decisions of a Local meeting shall be a majority of members voting, unless otherwise specifically provided by the By-Laws.
Section 4. The presiding officer, has the duty of properly conducting the meeting and may discipline members who obstruct or interfere with the orderly conduct of the meeting. No member shall attend a meeting under the influence of drugs or alcohol nor conduct himself while at the meeting in such a manner as to interfere with the proper and orderly conduct of the business of the Local. Members must comply with and obey all requests or orders by the presiding officer pertaining to the conduct of the meeting and at no time use vulgar or profane language or make any slanderous statements or accusations toward any member or officer of the Local or of the International Union. Any member entering the meeting, who in the opinion of the chairperson, is in a state of intoxication or under the influence of drugs, shall be ejected . Any member who uses profane or unbecoming language during the meeting shall be admonished by the chair, and if the member shall again offend, the person shall be excluded from the room.
Section 5. Unless otherwise provided, either by the laws, practices, or by vote adopted by this Local, Roberts Rules of Order shall be the guide and authority for the method of conducting the affairs of the Local at its meetings.
Section 6. The order of business to be followed at a regular meeting shall be the following:
1. Call the meeting to order
2. Warden takes charge of the doors
3. Initiation of New Members
4. Roll call of officers
5. Reading of minutes
6. Receipts and Expenses
7. Propositions for membership
8. Communications, bills and action thereon
9. Unfinished business
10. Appropriations
11. New business and Good of the Order
12. Report of Officers
13. Report of delegates and committees
14. Report of accidents, sickness or death
15. Nominations, election and installation of Officers
16. Suspension and Preclusion of members
17. Roll call of members
18. Adjournment
ARTICLE IV
OFFICERS
Section 1. The Officers of this Local consist of a President, Vice-President, Recording Secretary, Financial Secretary, Treasurer, Business Representative, three (3) Trustees, Warden, Correspondent to the Journal, and an Executive Board that shall consist of the President of the Local, the Recording Secretary of the Local, the Treasurer of the Local and six (6) additional members. These officers shall be elected in accordance with the provisions of Article XI. In order to hold any of the above offices, it is necessary to be a member in “good standing” of this Local for at least two years. Except for the office of correspondent to the Journal, no member shall hold more than one (1) office concurrently.
Section 2. Officers shall serve for a term of three (3) years. Beginning in 1998, and every third year thereafter, nominations and elections shall be held for the following offices: President, Warden, one (1) Trustee, and two (2) Executive Board members. Beginning in 1999, and every third year thereafter, nominations and elections shall be held for the following offices: Business Representative, Treasurer, Vice-President, one (1) Trustee, and two (2) Executive Board members. Beginning in 2000, and every third year thereafter, nominations and elections shall be held for the following offices: Financial Secretary, Recording Secretary, correspondent to the Journal, one (1) Trustee and two (2) Executive Board members.
Section 3. No member may hold office in violation of the provisions of the Labor-Management Reporting and Disclosure Act of 1959 relating to Communist membership and the commission of felonies.
Section 4. All Officers of the Local must, as a condition of holding office, execute all necessary forms required by law to be filed with any State or Federal agency, either for or on behalf of the Local, or as an Officer or Employee thereof.
Section 5. No Officer or Member shall be empowered to contract any indebtedness unless ordered by the Local.
ARTICLE V
DUTIES OF OFFICERS
Section 1. President: It shall be the duty of the President to preside at all regular meetings of the Local according to parliamentary rules. The President shall examine and sign all official documents requiring a signature, exert a general supervision over the interest of the Local and perform such duties as are generally required of a presiding Officer. The President shall not be allowed to vote on any questions unless the vote shall result in a tie; in such case, that vote shall decide. The President shall not be allowed to make any motion whatever. The President shall appoint all committees, unless directed otherwise by the Local. The President shall impose impartially all fines and penalties on Officers and Members to which they may become liable for dereliction of duty, or for violation of any of the rules and regulations. The President of the Local Union, by virtue of his/her election to the office of President, shall constitute election as a delegate to the Central body and the Building and Construction Trades Council. The President, by virtue of the office, shall also be a member of the Executive Board.
Section 2. Vice-President: It shall be the duty of the Vice- President to assist the President in conducting the meetings of the Local. In the absence of the President, the Vice -President shall in every respect, discharge the duties of the President.
Section 3. Recording Secretary: It shall be the duty of the Recording Secretary to keep a correct account of all the proceedings of the Local, and submit his/her accounts to the Trustees for examination quarterly, or whenever the Local may direct. The Recording Secretary shall record the reports of all committees; furnish the Financial Secretary with a list of all indebtedness declared by the President against Members. The Recording Secretary shall conduct all correspondence of the Local not otherwise provided for and shall be held responsible for their safekeeping and prompt delivery to his/her successor in office. The Recording Secretary shall draw all orders on the Treasurer passed by the Local, and endorsed by the President and Trustees, attesting the same by his/her signature. The Recording Secretary shall read all documents and correspondence to the Local. The Recording Secretary shall have charge of the seals of the Local and attach the same to all documents requiring authentication. It shall also be required of The Recording Secretary, at the expiration of his/her term of office, or when called upon by the Local to deliver to his/her successor in office, or the Board of Trustees, all property in his/her possession belonging to the Local. The Recording Secretary, by virtue of the office, shall also be a member of the Executive Board.
Section 4. Business Representative: The Business Representative shall have charge of the business affairs of the Local between meetings. The Business Representative shall have the names and addresses of the Executive Board. In case of any trouble arising between meetings, where assistance may be required, the Business Representative may call on the Executive Board to settle the matter. The Business Representative shall make a report at each meeting of the number of members out of employment and the names taken in regular order and checked off in regular order as they go to work. The Business Representative shall state the condition of the trade and any other matter that is of interest to the Local. The Business Representative shall visit every job as often as possible. He/she shall perform such other duties as the Local may direct, or the Constitution and By-Laws may call for. The Business Representative of the Local Union by virtue of his/her election to the office of Business Representative shall constitute his/her election as a delegate to the Central Body and the Building and Construction Trades Council and the International Union Convention. The Business Representative’s salary shall be calculated as forty-five (45) hours worked per week at the Master Agreement Mechanics wage rate. The Business Representative shall be entitled to four (4) weeks of paid vacation per year and the same paid holidays as designated in the Master Agreement. The Paid Benefit Hours shall be per all compensated hours.
Section 5. Financial Secretary: It shall be the duty of the Financial Secretary to keep a correct account of each member’s indebtedness and to receive all monies due to the Local, giving a receipt for the same. The Financial Secretary shall report to the Recording Secretary at each regular meeting the amount of his/her receipts and from whom, and at the close of each meeting, shall turn over all monies received to the Treasurer. The Treasurer’s receipt shall be a sufficient voucher for all monies received. The Financial Secretary shall submit the books for examination quarterly or when the Local may direct. The Financial Secretary shall read at the second meeting in the quarter, the names of members who may be in arrears for dues, fines or other property and shall furnish the Recording Secretary with a list of such delinquents. At the last meeting of each quarter, he/she shall present a balance sheet showing each members account. The Financial Secretary shall issue no cards until members are fully paid up. At the expiration of his/her term of office, shall deliver to his/her successor in office or to the Board of Trustees, all property of the Local in his/her possession.
Section 6. Treasurer: It shall be the duty of The Treasurer to receive all money due the Local from the Financial Secretary giving his/her receipt for the same. The Treasurer shall pay all orders for bills which have been legally contracted and passed for payment by the Local, endorsed by the President, Recording Secretary and Trustees and keep a correct account of the receipts and disbursements. The Treasurer shall report at the quarterly meeting to the Local, the amount of disbursements and funds on hand. The Treasurer shall submit his/her accounts to the Trustees for examination quarterly or when the local may direct. When duly called upon he/she shall deliver all books and papers to the Local, or to his/her successor in office. All monies exceeding twenty thousand dollars ($20,000.00) shall be invested by the Treasurer in savings accounts, in the name of the Local Union, in Government Bonds, or other legal investments as authorized by the Local Union. The Treasurer, by virtue of the Office, shall also be a member of the Executive Board.
Section 7. Warden: The Warden shall examine all persons present at the meeting and report to the President all those without a paid up card. The Warden shall obtain the names of all candidates awaiting initiation and report the same to the President. The Warden shall have charge of the door at all meetings and see that no one but members or authorized guests shall enter. The Warden shall be furnished with an assistant when necessary.
Section 8. Trustees: The Trustees shall have supervision of all funds and property (except as herein provided). It shall be their duty to see that The Treasurer deposits all money in such banks as the Local may direct. The Trustees shall meet at 5:30 p.m. on the 2nd Tuesday of the month prior to the regularly scheduled quarterly union meeting, and at 5:30 p.m. on the 3rd Tuesday of each month or immediately following the membership meeting, at such place as shall have been selected by the local. The Trustees shall audit the books and accounts of the Treasurer, Recording Secretary, Financial Secretary and Business Representative. A Trustee’s report shall be given at each quarterly membership meeting.
Section 9. Correspondent The Local shall elect a Correspondent to the Official Journal. The Correspondent’s duty shall be to correspond once a month, with the Assistant to the General President on such matters that are submitted to him/her by members of the Local, and other matters as he/she may deem of interest to the general membership.
Section 10. The Recording Secretary, Financial Secretary and Treasurer shall be compensated at Twelve (12) hours each at the master Agreement Mechanic wage rate every quarter for their duties.
Section 11. The President shall be compensated at Six (6) hours at the Master Agreement Mechanic wage rate every quarter for his/her duties.
ARTICLE VI
EXECUTIVE BOARD
Section 1. The Executive Board shall consist of the President of the Local, the Recording Secretary of the Local, the Treasurer of the Local and six (6) other members of the Local; five (5) members shall constitute a quorum. They shall elect their own Chairperson and Secretary from among their own members. The Secretary shall call all Special Meetings of the Board only when requested by either the President, Business Representative or Chairperson of the Executive Board. The regular meeting of the Executive board shall be held on the third Tuesday of each month at 5:30 P.M. or immediately following the membership meeting, at such place as shall have been selected by the Local. No notice of regular meetings shall be required.
Section 2. The Executive Board shall decide all grievances and appeals submitted to them in due form and their decisions shall be binding until accepted by a majority vote of the members present at the next quarterly union meeting. The report and recommendations of the Board may be voted upon separately if the Local so desires.
Section 3. If at any time, the Executive Board shall determine a new law necessary to govern the Local, it may submit an amendment to the constitution together with its recommendation for adoption in accordance with the procedures of Article XX.
Section 4. No agreement shall be valid between this Local and an outside organization, unless such agreement shall have been submitted to and have received the endorsement of the Executive Board and voted on by the Local. The term “Agreement” as used in this Section does not include Collective Bargaining Agreement.
Section 5. All members present at Executive board meetings must vote on every motion submitted; this must be a recorded vote.
Section 6. In the event of a strike or lockout the Executive Board shall constitute the strike committee. The Business Representative shall be the chairperson of this committee.
Section 7. The Executive Board shall appoint a committee to negotiate all local expense agreements. The committee shall consist of the Business Representative and two (2) other members.
Section 8. The Executive Board along with the Business Representative shall constitute the Building Committee. The Business Representative shall be the chairperson of the Building Committee.
ARTICLE VII
COMMITTEES
Section 1. All committees shall perform the duties assigned to them within the time specified and shall give a report to the membership. No member shall be excused from serving on a committee when called upon, unless excused by the President, or he/she is already a member of some other committee.
Section 2. Committees holding monies, the property of the Local, either as balance or appropriation shall at the next regular meeting deliver the same into the hands of the Financial Secretary, with all vouchers and accounts. In no case shall a committee be discharged until all bills are paid.
Section 3. The first person named on a committee shall act as Chairperson.
Section 4. Any committee member who is absent for three (3) consecutive meetings shall stand suspended from said committee.
ARTICLE VIII
DELEGATES
Section 1. All delegates to the Central Body, Labor Convention, and Building Construction Trade Council shall be elected at the regular election in accordance with Article XI, except as provided for in Article V
Section 2. In addition to the Business Representative who, if a full time weekly salaried Officer, is a delegate to the International Convention, by virtue of election to Office, other delegates to the International Convention shall be elected by the Local Union in accordance with the provisions of Article XI. For the secret ballot election of such delegates, there must be written notice of nomination and election meetings.
ARTICLE IX
SALARIES AND REIMBURSEMENTS OF OFFICERS, COMMITTEES AND REPRESENTATIVES
Section 1. The salaries of Officers shall be fixed by vote of the Local and no Officer shall receive his/her salary unless a written report is furnished and said report be audited and approved by the Local.
Section 2. Officers and members performing Union Business shall be reimbursed for carfare and expenses incurred and if compelled to lose regular time for said duty, shall receive pay for the same from the Local. No committee, representative, officer or other member of the Local shall receive more than his/her regular wages and then only upon a written itemized report.
ARTICLE X
VACANCIES IN OFFICE
Section 1. Temporary Vacancies in any office shall be filled at each meeting by appointment by the President.
Section 2. Permanent Vacancies caused by resignation, death, dismissal, removal from office, or loss of membership, shall be filled by the Executive Board appointing a successor to fill the unexpired term. The Executive Board shall have the option to call for a special election to fill permanent vacancies of officesby the membership.
Section 3. In the absence of the President and Vice-President, the Recording Secretary shall call the Meeting to Order and the Local shall elect a President Pro Tem.
Section 4. If any Officer shall fail to discharge the duties of his/her office for three (3) consecutive meetings, without satisfactory excuse, the President shall declare his/her office vacant and the vacancy shall be filled as herein provided.
ARTICLE XI
NOMINATIONS, ELECTION AND
INSTALLATION OF OFFICERS
Section 1. The members shall be notified of nomination and election of officers. At least fifteen (15) days prior to the nomination meeting, the Recording Secretary shall mail a Notice of Nomination and Election to the last known address of all members in good standing, setting forth (1) the date, time and place of the nomination meeting, (2) the offices to be filled, (3) the date, time and place of the election, (4) the procedure for obtaining an absentee ballot, (5) the date, time and place of a run-off election in the event a run off election becomes necessary.
Section 2. No member shall be eligible for nomination who has not been a member in good standing for the two (2) years previous the nominations, or who is not present at the nomination meeting unless the sanction of the absent nominee has been given in writing and signed by the nominee.
Section 3. The election of Officers shall be held at the December Quarterly Union Meeting or at another regular or special meeting, held at least twenty-five (25) days after the nomination meeting. Delegates to the International Convention and the Central Bodies shall be elected under the provisions of this Article. All members in good standing shall have the right to nominate and vote in the election of Officers, Delegates to the International Convention and Delegates to the Central Bodies.
Section 4. The election of all Officers shall be by the secret ballot system and the candidate for an office receiving the greater number of votes shall be declared elected. Each member in good standing shall be entitled to one (1) vote. There shall be no voting by proxy nor shall there be write-in voting.
Section 5. Upon completion of nominations, the President shall appoint an Election Committee to conduct the election composed of one (1) Judge and two (2) Tellers. The Election Committee shall be provided with a list of all members in good standing and it shall be the duty of the Election Committee to safeguard the secrecy and honesty of the election, prepare, distribute and count the ballots and announce the results of the election with a signed Ballot Tally Certification statement. After the ballots have been counted, the Judge shall enclose the ballots in a sealed package and said package along with other records pertaining to the election shall be delivered to the Recording Secretary or other responsible Officer, who shall preserve them intact for a period of one (1) year. Any candidates may have an observer to the mailing of the Absentee Ballot Packets, at the polls, and at the counting of the ballots.
Section 6. Any member seeking to vote an absentee ballot must make the request, in writing, to the Recording Secretary and that written request will become a part of the election record. The request for an absentee ballot must include (1) the member’s name, (2) the request must be signed by the member, and (3) the address to which the member desires the Absentee Ballot Packet be sent. The written request must be received by the Recording Secretary at least twenty-one (21) days prior to the date of the election. No later than fourteen (14) days prior to the election, the Election Committee shall send an Absentee Ballot Packet via first class US mail to those members in good standing that made valid requests for an absentee ballot. Each Absentee Ballot Packet shall contain one (1) ballot, one (1) plain envelope, one (1) pre-addressed envelope with first class US postage and one (1) set of instructions for completing and returning the marked ballot.
Section 7. When a member in good standing, other than a member that properly requested and was sent an Absentee Ballot Packet, desires to vote in person he/she shall receive a ballot at the time and place indicated on the Notice of Nomination and Election. Each member seeking to vote must present to the Election Committee their dues card or other valid identification. Each member in good standing shall sign for and receive one (1) ballot. The member shall mark his/her ballot and then deposit the marked ballot in the Ballot Box. Under no circumstances shall a member leave the designated voting area after receiving his/her ballot until he/she deposits the ballot in the Ballot Box. After the election but prior to the counting of the ballots, all of the sealed plain envelopes shall be removed from the Absentee Ballot pre-addressed mailing envelopes. After removing all of the sealed plain envelopes, the ballot shall be removed from each sealed plain envelope and deposited into the Ballot Box. The Election committee shall then count the ballots, prepare and sign a Ballot Tally Certification and immediately announce the election results to the membership. Absentee ballots not received prior to the designated time the election polls close, will not be counted.
Section 8. In cases of an election complaint, the complaining member or candidate shall submit his/her complaint in writing to the Recording Secretary within seventy-two (72) hours after the election results have been announced and such complaint shall be heard and determined promptly by the Local Executive Board. A new election may be ordered only if it is determined that the matter complained might reasonably have changed the result of the election.
Section 9. The Installation of Officers shall take place on the first meeting night following the Election. In case an Officer does not appear for installation within three (3) meetings after the Election, the Office shall be declared vacant.
ARTICLE XII
PROPERTY
Section 1. All Officers, at the expiration of their term in office or when removed or when their office is declared vacant, shall deliver to their successors, all books, papers, money or other property in their possession and they shall not be relieved from their obligations until this law is complied with.
Section 2. The funds or property of this Local shall be used only for such purposes as are specified in the Constitution and By-laws and as may be required to transact and properly conduct it’s business, such as payment of salaries, purchasing of stationery, books, cards, printing, payment of rent, or any other legally authorized bill against the Local.
Section 3. The funds of the Local Union can only be expended after a vote of the membership authorizing the expenditure, except as provided for in Article XII Section 8. After the membership has authorized the expenditure, an order must be drawn on the Treasurer, signed by the President or Recording Secretary, and two (20 Trustees.
Section 4. In voting on the expenditure of Union funds, the Local is prohibited from, (1) directly or indirectly making loans, donations, or gifts to Union Members or Officers, and (2) directly or indirectly dividing any portion of the Union funds among the membership; however, the Local Union is not prohibited from expending Union funds to pay salaries and other legitimate expenses of Local Union members.
(A) Any expense(s) authorized to be reimbursed by the Local shall be paid by the Recording Secretary and Treasurer, after a receipt, if applicable, along with other information regarding date, nature and description of said expense(s) has been submitted to the Recording Secretary and verified by the Trustees. Only expense(s) submitted within ninety (90) calendar days of its occurrence will be reimbursed.
Section 5. No funds or property of this Local shall be loaned, given or expended to promote, support, endorse, assist or oppose, directly or indirectly, the candidacy of a member seeking or retaining office in the International Union or any of its Local Unions, Joint Boards or Subordinate Organizations.
Section 6. No funds or property of this Local shall be given away or expended to assist any seceding, dual, or antagonistic organization, or any Local Union, Joint Board or Subordinate Organization which is violating the Constitution of the International. The funds and property of this Local shall be used only to effectuate the purpose and objects of the Local under and subject to the provisions of the International Constitution.
Section 7. Local Union funds derived from any source shall be held in the home of the Local Union and shall not be transferred or conveyed to any other person, body, committee or organization, whether incorporated or unincorporated, except that Local Unions may establish legal declarations of trust and appoint trustees to hold title to Real Estate for the benefit of the Local Union.
Section 8. The Local Union shall have a Building Fund for the exclusive purpose of maintenance, repairs and upgrades and other expenses incurred as a result of all Real property owned by Local #34. The Building Fund shall be funded by any membership assessments directed to the Building Fund, and all rents, fees and other income derived from use of the real property owned by Local #34. The Building Committee shall have the authority to order expenditures from the Building Fund. After the Building Committee has authorized the expenditure, an order must by drawn on the Treasurer, signed by the President or Recording Secretary, and two (2) Trustees. The monies directed to the Building Fund may be commingled with the General Fund.
Section 9. A “Local 34 Political Fund” shall be funded by membership assessments. The membership shall have the authority to order expenditures from the Political Fund. After the membership has authorized the expenditure, an order must by drawn on the Treasurer, signed by the President or Recording Secretary, and two (2) Trustees. The Local 34 Political Fund shall only be used for political contributions in compliance with Indiana State Law.
ARTICLE XIII
DUES
Section 1. The Initiation Fee for membership in this Local shall be in accordance with the International Constitution and By-Laws, payable in full on application.
Section 2. All members and probationary helpers shall pay monthly dues. Amount of member dues is to be Per Capita Tax, Local Per Capita Tax, Political Fund, Building Assessment, Convention Assessment, Journal Fee, Defense Fund plus three (3) times the hourly rate. This assessment will be adjusted each year, when the wage rate is established under article V of the Master Agreement. When thrice the hourly rate is below Fifty Cents ($.50) on the last dollar, it will be raised Fifty Cents ($.50). If thrice the hourly rate is over Fifty Cents ($.50), it will be raised to the next dollar. Member quarterly working card will be paid for in full, for all dues and assessments. Dues and assessments for quarterly working cards will be paid for only by the members personal check, money order or on line via Local 34’s web site. No second or third party checks will be accepted for dues and assessments, unless approved by the Financial Secretary. All dues and assessments; either mailed in or deposited in the Local 34 drop box, must be accompanied by a self-addressed stamped envelope. Members not having their dues paid by the first of the month following the Quarterly Union Meeting will be assessed a $10.00 a day late fee. Upon request, late payment fees can be appealed to the Executive Board. Should any check be returned to the Treasurer for insufficient funds or closed accounts, the member will be assessed Twenty-Five Dollars ($25.00).
Each member shall also be assessed each quarter for the purpose of a Defense Fund. This fund shall be kept under a separate account from all other money of the I.U.E.C. Local 34 and held in reserve for strikes, lockouts, or pickets. All interest accruing to the Defense Fund shall be left on deposit with the principle, and shall be considered as part of said fund. Investments shall be limited to Treasury Bills, Certificates of Deposit and Savings Accounts. A committee shall be created and called the “Defense Fund Management Committee” and shall be made up of the Business Agent and three (3) persons elected from the Executive Board. The Defense Fund Management Committee shall administer all picket scheduling, payments and record keeping. All monies shall be paid by check from the separate Defense Fund account, and shall be recorded for future reference. All incidental cost to operate the Defense Fund shall be paid out of the Defense Fund by check and recorded. Proceeds of the fund shall be accounted for in accordance with generally accepted accounting principles. The Trustees shall make a annual report made to the Local within 90 days after the close of the calendar year. In the first year of the contract each member will be assessed five ($5.00) per quarter. In the second year of the contract each member will be assessed ten ($10.00) per quarter. In the third year of the contract each member will be assessed fifteen ($15.00) per quarter. In the fourth year of the contract each member will be assessed twenty ($20.00) per quarter. In the fifth year of the contract each member will be assessed twenty-five ($25.00) per quarter. At the beginning of the next contract this cycle will begin again starting at the five ($5.00) per quarter level, unless a new committee is formed to re-examine the level of assessments.
Section 3. Brothers and Sisters in attendance of meeting can only pay one Brother’s/Sister’s dues, other than his/her own, unless he/she returns to the end of the dues line.
Section 4. After a resolution has been introduced at a Quarterly Union Meeting of the Local to increase or change the rate of dues, initiation fee or assessments, or to levy any additional assessment, the resolution shall be held over at least one meeting for consideration. The Recording Secretary shall mail specific written notice to each member at his/her last known home address at least fifteen (15) days prior to the next Regular Meeting at which the membership will consider the question of whether or not such dues or assessments shall be levied. The notice shall indicate the proposed increase or changed assessment to be voted on. A majority vote by secret ballot of the members in good standing present and voting at such meeting shall decide the issue.
Section 5. Any member in the industry, not deriving their full income from working with tools, shall pay dues in accordance with Section 2 of this Article, except for State or City Inspectors, who shall pay Per Capita Tax and Death Assessments.
Section 6. Whenever a motion is made and accepted at a Regular Meeting for expenditures of Union funds for a party, picnic, golf outing or similar event, it shall be held on the table and voted on at the next Quarterly Union Meeting. A similar motion made at a Quarterly Union Meeting may be acted on without any delay.
Section 7.
(A) Any member who has been laid off, due to lack of work for longer than thirty (30) days can appear before the Executive Board and ask the Executive Board to remit his/her hourly rate assessments for a period not to exceed six (6) months.
(B) Any member who is laid off due to lack of work, who returns to work and works forty (40) hours or less in a thirty (30) day period, shall not have to pay hourly rate assessments for one month. Members will appear at the Executive Board Meeting to have the Executive Board remit his/her hourly rate assessment. All remittance of the hourly rate assessments will be adjusted quarterly. The Secretary of the Executive Board will notify the Financial Secretary prior to the Quarterly Meeting of all actions taken of the Executive Board pertaining to Section 7 of Article XIII.
ARTICLE XIV
BENEFITS
Section 1. All members, except honorary members, shall pay Death Assessments.
Section 2. Attendance at funerals of a Brother/sister is voluntary. Flowers are to be sent only to the immediate family, which would include the spouse and children, who had resided with the deceased member.
Section 3. At the discretion of the Local, any member in good standing who is sick for thirty (30) or more may have his/her hourly rate assessment remitted. Remittance shall be for one (1) month for each thirty (30) days off sick.This remittance is to be limited to six (6) months period and then may be renewed at the discretion of the Local.
Section 4. Death assessments of Ten Dollars ($10.00) are to be paid one (1) assessment in advance. A Death Benefit shall be paid to the beneficiary of a deceased member in good standing or deceased Honorary Member. The amount of the Death Benefit shall be Ten Dollars ($10.00) multiplied by the current number of members, excluding Honorary Members. The beneficiary shall be the same as the beneficiary designated by the member or honorary member with the National Elevator Industry Benefit Plans.
ARTICLE XV
JOINT APPRENTICESHIP AND TRAINING COMMITTEE
Section 1. The President shall appoint four (4) mechanics to serve with four (4) representatives of the Manufacturers on the Elevator Constructors Local 34 Joint Apprenticeship Training Committee (JATC). The JATC is the sponsor of the Apprenticeship program, approved by the United States Department of Labor, and will be responsible for the administration and operation of the program as described in the Standards of Apprenticeship in accordance with guidelines and directives from the National Elevator Industry Educational Program (NEIEP).
Section 2. Should a member desire to change his/her class from a mechanic to helper, he/she must appear before the Executive Board and give his/her reasons for asking for such a change. Should the request be granted by the Executive Board, the member must wait a period of one (1) year’s time before he/she can again be advanced to the mechanic class.
Section 3. Should a mechanic reduce his/her class to the rank of helper without sanction of the Executive Board, he/she may be disciplined after notice, charges, and a hearing in accordance with Article XVIII.
ARTICLE XVI
QUALIFICATION FOR MEMBERSHIP
Section 1. Every applicant for membership must be of good moral character and be eighteen (18) years of age or over, plus a High School Education or equivalent. He/she shall not be a member of the Communist Party or any subversive movement or party, which believes in or teaches the overthrow of the United States government by force or by illegal or unconstitutional methods.
Section 2. Procedure on Applications: Every qualified applicant for membership shall complete an application form and file it with the Recording Secretary. Applications shall be referred to the Executive Board and submitted to the International Secretary-Treasurer for investigation. All applications shall be countersigned by two (2) fellow employees who have worked at least one (1) month with the applicant. The two (2) signers of the request shall appear before the Executive Board with the applicant when called to appear. The Executive Board considering all applications shall consider the report of the International Secretary-Treasurer, investigate the character and qualifications of the applicant, and report at the regular meeting. After the acceptance for membership of an application upon the favorable report of the Executive board, the applicant shall be notified by mail to appear for initiation.
Section 3. Initiation: After the candidate has been notified to appear for initiation, should he/she fail to present themselves within thirty (30) days after being notified, the time may be extended for good cause by a vote of the majority of the Executive Board present at the next Executive Board meeting at which the extension of time is asked for. When presenting their application, he/she shall pay an initiation fee of Four Hundred Forty Dollars ($440.00). Upon payment of the initiation fee, each applicant for admission to membership shall take the Oath of Obligation prescribed in the International Constitution. After initiation, he/she must secure the quarterly working card from the Financial Secretary and shall be presented with a copy of the Local Constitution and By-laws,a copy of the Master Agreement, Labor Management Reporting and Disclosure Act of 1959, Local Expense Agreement, and International Constitution and By-laws.
Section 4. Any member shall lose their good standing in the Local Union by (1) suspension or expulsion from membership after trial proceedings pursuant to Article XVIII or by (2) suspension or expulsion for non-payment of dues. Quarterly dues are payable in advance on or before the first day of the first month of each quarter. A member owing over three (3) months dues shall automatically be suspended from membership without notice of any kind. A suspended member is denied all rights and privileges of membership including voice or vote in the Local Union.
Section 5. A suspended member becomes in good standing and their suspension is lifted by the payment of all back dues through the current month together with a Ten Dollar ($10.00) reinstatement fee. A suspended member must pay his/her back dues through the current month before his/her Ten Dollar ($10.00) reinstatement fee can be paid. Upon payment of back dues through current month and the Ten Dollar ($10.00) reinstatement fee, the member shall be in good standing and entitled to attend Local Union Meetings with voice and vote.
Section 6. A suspended member, upon becoming five (5) months in arrears, shall be so notified by the Recording Secretary by registered mail at the member’s expense.
Section 7. Any members in arrears in dues or assessments for a period of six (6) months or more shall stand expelled and must pay six (6) month’s back dues and all monies that he/she legally owes to the expelling Local at the time of his/her expulsion and a new initiation fee to the Local Union in which he/she desires to be initiated.
Section 8. Transfer and withdrawal cards shall be issued in accordance with the provisions of the International Constitution or any amendments thereto. All requests for withdrawal or transfer cards are to be in writing.
Section 9. Applicants for membership are to sign the Oath of Obligation before acceptance for membership.
ARTICLE XVII
DUTIES OF MEMBERS
Section 1. All members of this Local Union shall have the duty to (1) keep Financial and Recording Secretaries properly notified of their place of residence and all changes, (2) when they go out of the primary jurisdiction for a period longer than one (1) day to work, notify the Business Representative of their whereabouts, (3) construction and modernization mechanics, upon starting a new job, shall report the location and job description to the Business Representative, (4) carry the working card while at work and show such card when called upon. For failure to fulfill these duties, members may be disciplined in accordance with Article XVIII.
Section 2. Any member or officer of the Local Union may, after notice, charges and hearing, be disciplined by the Local Union in accordance with Article XVIII for commission of any of the following offenses:
1. Failure or refusal to adhere to or comply with the provision of the Constitution, By-Laws and policies of the International Union.
2. Failure or refusal to adhere to provisions of the Constitution and By-Laws of a Local Union.
3. Failure or refusal to adhere to or comply with the decisions and orders of the Officers of the International Union.
4. Failure or refusal to abide by the provisions of the Master Agreement or the provisions of any Local Union Agreement, such as a Local Union Transportation Agreement.
5. Failure or refusal to support the jurisdictional claims of the International Union and/or of Local Unions.
6. Failure or refusal to abide by an oath taken at the time an individual becomes a member of the International Union or a Local Union.
7. Failure or refusal to adhere to or comply with the obligations automatically imposed upon a member when he/she becomes a member of the International Union and of a Local Union.
8. Misappropriation or embezzlement of funds or property belonging to the International Union and/or to a Local Union.
9. Gross disloyalty or engaging in conduct unbecoming to a member of the International Union and of any Local Union.
10. Slander or liable of any Officers or Members.
11. Physical abuse of Officers or Members in or near the meeting hall and/or workplace.
12. Fostering succession or withdrawal of a Local Union from the International Union.
13. Any activity, whether by word or deed, which brings or tends to bring the International Union and/or Local Union into disrepute with any bodies with which the International Union and/or Local Unions are affiliated or which may bring or tend to bring the International Union and/or Local Unions into disrepute with the public or into conflict with the law.
14. Employment contrary to or in violations of the terms and conditions of the Master Agreement or of any Local Union Agreement, such as a Local Union Transportation Agreement.
15. The divulging of any of the secrets of the International Union and/or Local Union.
16. The engaging in conduct, which unduly impedes the work of any Officer of the International Union and/or Local Unions.
Section 3. No member’s car, truck, trailer or vehicle, shall be loaned or leased to the company.
Section 4. No member shall furnish, loan or lease power tools, cutting tools or special tools used in the Industry, chain falls, welding equipment or any other tools or equipment other than the hand tools we are required to furnish.
ARTICLE XVIII
DISCIPLINE, TRIALS AND APPEALS
Will be subject to Article XVIII of The International Union of Elevator Constructors Constitution and By-Laws.
ARTICLE XIX
STRIKES AND LOCKOUTS
Will be subject to Article XIV of the Master Agreement. Any grievances arising between a Member and a company will be subject to Article XV of the Master Agreement
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ARTICLE XX
AMENDMENTS
Section 1. Unless otherwise specified in this Constitution, any amendments or alterations to this Constitution or By-Laws must be submitted in writing at a regular meeting and read at two (2) consecutive meetings and then passed by two-thirds vote of the members voting. Any alterations or amendments hereafter shall be applicable to the members of this Local in the same matter as if the said laws were inserted in these rules. But in no case shall any motion to amend or alter this Constitution be considered in less than six (6) weeks.
Section 2. Unless otherwise specified in this constitution, notification at meetings shall be considered sufficient to take final action on amendments or alterations.
ARTICLE XXI
SAVING CLAUSE
If any provision of this constitution shall be declared invalid or inoperative by any competent authority of the Executive, Judicial, or Administrative Branches of the Federal or State Government, the remainder of the Constitution shall not be affected thereby. It is understood that during the enforcement of this Constitution and By-Laws should any of the provision herein contained come into conflict with the International Constitution, the Master Agreement, rulings of the International Executive Board, or any city, State or Federal Laws, such provisions will be set aside.
ARTICLE XXII
VACATIONS AND HOLIDAYS
Section 1. Any member going on vacation, shall give the Local one (1) week notice in writing, as to when he/she shall take his/her vacation, giving starting and ending dates.
Section 2. Members of this Local who received vacation monies and does not take the vacation shall be fined the amount equal to the monies received. Vacation must be taken during the vacation year. January first (1st) to December thirty first (31st).
Section 3. New Year’s Day, Memorial Day, July Fourth (4th), Labor Day, Veteran’s Day (November eleventh (11th), Thanksgiving Day, the day after Thanksgiving and Christmas Day shall be holidays.
ARTICLE XXIII
CONDUCT OF MEMBERS
Section 1. Any Officers or Member who commits any offense that will bring the Local into discredit, or who endeavors to create dissension among the members, or who works against the interests and harmony of the Local, or who advocates or encourages division of the funds, or dissolution of the Local, upon sufficient evidence shall be suspended, expelled or precluded, in accordance with the provisions of Article XVIII.
Section 2. Any member who acts in violation of existing Agreement, or any Section of this Constitution or By-Laws, shall be fined, expelled or suspended at the discretion of the Local, in accordance with the provisions of Article XVIII.
Section 3. Any Officers or committee person who shall fail to perform any duty required of them by the Constitution and By-Laws, or by the Local shall be fined, suspended or expelled, in accordance the provisions of Article XVIII.
Section 4. Any member entering the meeting who, in the opinion of the Chairperson, is in a state of intoxication or under te influence of drugs who uses profane or unbecoming language during a meeting shall be admonished by the Chair and may be fined fifty dollars ($50.00) after proceedings in accordance with the provisions of Article XVIII. If he/she shall again offend, he/she shall be excluded from the room and may be fined one hundred dollars ($100.00) and suspended from the Local after proceedings in accordance with the provisions of Article XVIII.
PARLIAMENTARY RULES
Rule 1. On motion the regular order of business may be suspended by a two-thirds vote of the meeting at any time, to dispose of any urgent business.
Rule 2. All resolutions and resignations must be submitted in writing.
Rule 3. Any conversation or whispering or otherwise which is calculated to disturb a member while speaking, or hinder the transaction of business, shall be deemed a violation of order. No person shall enter into a discussion on the floor that was not present prior to the question being placed on the floor.
Rule 4. All questions of a parliamentary nature not provided for in these rules shall be decided by Robert’s Rules.
MOTIONS
Rule 5. A motion to be entertained by the presiding Officer must be seconded and the maker as well as the member seconding the motion must rise and be recognized by the Chair.
Rule 6. Any member having made a motion can withdraw it by consent of his second, but a motion once debated cannot be withdrawn, except by a two-thirds vote.
Rule 7. A motion to amend an amendment shall be in order, but no motion to amend an amendment to an amendment shall be permitted.
Rule 8. Any member may call for the division of a question when the sense will permit thereof.
DEBATES
Rule 9. A motion shall not be subject to debate until it has been stated by the Chair.
Rule 10. If two or more members rise at the same time, the Chair shall decide which is entitled to the floor.
Rule 11. Each member, when speaking, shall confine himself to the question under debate and avoid all personal indecorous or sarcastic language.
Rule 12. No member shall interrupt another while speaking.
Rule 13. No member shall speak more than twice on the question under debate.