BY-LAWS

VIEW

Constitution

And

By-laws

IUE/CWA Local 436-A

Revised May 21, 2019

PREAMBLE

We the Members of Local 436-A IUE/CWA., AFL-CIO, realize that the struggle to better our living and working conditions is in vain unless we are united to protect ourselves collectively against the organized forces of the employers.

Realizing that we must adopt a form of organization that will most effectively serve to protect and defend our interests and improve our conditions as wage earners, we, the members of Local 436-A, IUE/CWA., AFL-CIO, have adopted the industrial form of organization. This organization will endeavor to unite all workers in our industry regardless of craft, age, sex, nationality, race, creed or political belief. We will at all times pursue a policy of progressive struggle to improve our conditions.

We pledge ourselves to labor unitedly for the principles herein set forth, to perpetuate our union and work in concert and solidarity with other labor organizations to bring about a higher standard of living for all workers.

ARTICLE I

Name and Affiliation

Section 1. This organization shall be known as Local Union No. 436-A, IUE/CWA., Chartered by the IUE/CWA., and affiliated with the American Federation of Labor- Congress of Industrial Organizations, hereinafter also referred to as the “Union,” and as the “Local Union.”

ARTICLE II

OBJECTS

Section 1. The objects of this organization shall be:

(a)To unite in our International all workers embraced in our jurisdiction.

(b)To establish wage standards adequate to maintain a decent American standard of living for all workers in our industry.

(c)To shorten the hours of labor and improve working conditions.

(d)To reach and maintain agreements with employers as to wages, hours of labor and working conditions and to seek through such agreement to establish maximum job and union security for members of the IUE/CWA.

(e)To advance the economic, political, social and cultural interests of the workers in the industry.

(f)To aid in the adoption of laws for the economic and social welfare of all workers and to combat anti-labor legislation and fight for the repeal of anti-labor laws.

(g)To protect and extend our democratic institutions and the civil rights and liberties of all workers.

ARTICLE III

JURISDICTION

Section 1. The jurisdiction of this Local Union shall be those described in the Constitution of our International Union.

ARTICLE IV

MEMBERSHIP

Section 1. The membership of this Local Union shall include all workers employed in any of the trades described in Article III of this Constitution, including those now or hereinafter included in the Agreement between the Company and Local 436-A.

Section 2. Any member accepting a position with the Company which under our Agreement with the Company is specifically excepted from membership in the Union, must take a withdrawal card.

Section 3. The Union reserves the right to discipline a candidate, after his admittance to membership, if it is proven he has given or written false testimony as to his eligibility for membership, subject to Article XI of this Local Constitution.

Section 4. The use of the masculine gender in this Constitution and By-Laws shall be deemed to refer to the female gender as well.

Section 5. Members who are employed all or part of the time must pay dues in advance. Working members are not in good standing who owe one month's dues.

ARTICLEV

OFFICERS

Section 1. The elective officers of the Union shall be a President, Vice-President, Recording Secretary, Treasurer, Sergeant-at-Arms, three Trustees, Chief Steward and five Executive Board Members at Large.

Section 2. The Executive Board shall be composed of the elective officers named in Section 1.

Section 3. The elective officers shall be elected at the first meeting in December of every even year and shall hold office for a term of three years, unless removed for cause, or until their successor has been elected and installed in office. Notice of election shall be mailed to each member, through the IUE/CWA News, or alternative means at least 15 days prior to an election.

Section 4. Nominations will be the second (2nd)Tuesday of November, the times which are listed by the local. Elections will be held the Second (2nd) Wednesday in December. Installation of Officers at the Membership Meeting in January. The next scheduled election will take place in December 2020 and again in December 2023 and every Three (3) years thereafter i.e. 2026, 2029.

Section 5. Only members in good standing (who have been members for at least one year), shall be eligible for office.

Section 6. Nominees need not be present at the meeting at which nominations are made: a posting of all nominees shall be put up at the entrance of all plants. The Nominees shall have until the close of business on the Friday following the nomination to accept in writing (email shall constitute in writing) to the Local President and Recording Secretary.

Section 7. Election shall be by secret ballot. When two or more members seek the same office, the one receiving the greater number of votes shall be elected. Only in case of a tie vote shall there be a run-off election, and this shall be between those who have received the greater number, but the same number of votes.

The following officers shall require a majority vote to be elected.

(a) President

(b) Vice President

(d) Treasurer

Section 8. Before a vote is taken, it shall be the duty of the President to appoint an Election Committee of three (3) members in good standing to see that the ballots are properly counted, and to safeguard the secrecy and honesty of the vote.

Section 9. Objections to an election shall be filed with the Recording Secretary within ten(10) days after the official announcement of the election results. Objections must be filed in writing and only by a member in good standing. The objections should state the facts and ·reasons for the objections. The objections shall be heard by the Election Committee whose decision shall be subject to appeal to the next regular meeting. Appeals from the decision of the Election Committee to the next regular membership meeting shall be filed with the Secretary within 5 days after its decision. Thereafter appeals may be made in accordance with Article XXII of the International Union's Constitution.

Section 10. The election results reported by the Election Committee shall be presumed valid and the installation of officers shall take place in accordance with the provisions of this Constitution pending a final decision in the appeal procedure.

Section 11. At the expiration of the term of office, by termination or otherwise, of any officers, he shall turn over to his successor all money, property, papers, records and books of the Union that may be in his possession.

Section 12. Upon the death, resignation or removal for cause of any officer, the President shall have the power to appoint a member in his or her place, but only until such time as the Executive Board orders an election- to fill such vacancy.

Section 13. Should any officer absent himself from three consecutive meetings without notifying the President and without a valid excuse shall be discussed during new business of the following Executive Board Meeting. The officer shall be notified of the upcoming meeting and shall be able to submit any mitigating circumstances. The Executive Board shall decide whether to keep the officer in his/her position or to vacate the position. This process shall also be done for stewards who miss three(3) consecutive membership meetings.

For purposes of this section the voting by the Executive Board shall be done by a roll call vote of the officers present.

Section 14. Duties of the President.

(a) The President shall preside and preserve order at all meetings of the Union and of the Executive Board.

(b} He/she shall enforce due observance of the Constitution, By-Laws and Rules.

(d) Sign all official documents that may be passed by the Union; and shall perform all customary duties pertaining to the office of President.

(e) He/she shall be an ex-officio member of all committees and shall appoint all members of such committees as the By-Laws may prescribe, and such other committees as may be required from time to time.

(f) He/she shall see that all funds of the Union are deposited in banks monthly by the Treasurer, in the name of the Union, and that a certified deposit slip is given to the Treasurer for each deposit made.

(g) The President shall sign all warrants drawn by the Treasurer, which have been voted by the Union.

(h) He shall countersign all checks and shall be bonded.

(i) A stipend of $35 will be made to the President on a monthly basis to help offset cell phone costs.

Section 15. Duties of the Vice-President. The Vice-President shall assist the President in the performance of his duties, and in the absence of the President, or when directed by the President, to do so, shall assume that office, with all the constitutional powers of that office, pending the official return of the President.

A stipend of $35 will be made to the Vice-President on a monthly basis to help offset cell phone costs.

Section 16. Duties of the Recording Secretary.

(a) The Recording Secretary shall attend all meetings of the Union and keep a true record of all proceedings of the Union meetings, including reports of the Treasurer.

(b) Read all documents and correspondence and conduct such correspondence as required by the Union.

(c) Open the meetings in the absence of the President and Vice-President and the members shall then select a member to preside at the meeting.

(d) Provide the International Union's Secretary-Treasurer regularly with an up-to-date mailing list of the Local's members.

(e) Send official notice in conjunction with the President to the Secretary-Treasurer of the International Union that the Local's books and records have been audited and stating the condition of the books and records.

(d) Provide the International Union's Secretary-Treasurer regularly with an up-to-date mailing list of the Local's members.

(f) A stipend of $100 shall be made to the Recording Secretary on a monthly basis for costs incurred while performing the duties of the Recording Secretary.

Section 17. Duties of the Treasurer.

(a)The Treasurer shall collect and receive all monies due the Union and deposit such monies in a bank agreed upon by the Union (except that a maximum of $100.00 cash may be kept on hand for immediate use).

(b)Furnish all supplies pertaining to the Local.

(c)Pay all bills authorized by the Local.

(d)Account for all Local expenditures.

(e)Furnish a monthly financial report of the Local.

(f)Furnish a report on and payment for per capita to the Secretary-Treasurer of the International Union not later than the 27th day of the month following the month in which dues are collected.

(g) Furnish a semi-annual report to the International Union.

(h) Perform all such other duties, with the approval of the Local Executive Board, as may be necessary for the proper and effective administration of the financial affairs of the Local.

(i) Sign checks in conjunction with the President.

(j) Deposit all money, as directed by the Local Executive Board, within five business days after receiving such monies.

(k) Account for all money deposited.

(l) A stipend of $1000 shall be made to the Financial Secretary on a monthly basis while fulfilling the duties described above. No lost time will be paid while performing the duties of the Financial Secretary until such lost time has exceeded this stipend.

Section 18. Duties of Trustees.

(a) Audit all books and records of the Local at least three times a year, and witness

the official report by the President and Treasurer of the Local to the International's Secretary-Treasurer that the Local's books and records have been audited. This notice shall be mailed to the International's Secretary-Treasurer no later than 45 days after the close of the period for which the audit is made.

(b) Make written report of findings and recommendations at the next regular meeting following such audit.

Section 19. Duties of the Sergeant-at-Arms.

(a) The Sergeant-at-Arms shall have charge of the doors, and introduce all new members and visitors, and assist the President in preserving

order when called upon to do so.

(b) He shall perform such duties as may, from time to time, be assigned to him.

(d) He shall be provided with as many assistants as the President deems necessary.

Section 20. Duties of the Chief Steward.

(a) The Chief Steward shall act as Chairman of the Stewards Council when matters affecting his plant or establishment are under consideration.

(b) He shall call regular monthly meetings of the Steward Council, or whenever necessary.

(c)He shall report to the regular membership meeting the status of all phases of Union activities in the shop.

(d) He shall see to it that the laws of the Union are complied with; that the terms of the agreement are not violated by the Employer and/or the Members; and shall make every effort to settle any and all grievances and disputes that may arise between the membership of the Union and/or the Union and the Employer.

(e) He shall supervise the work of the Department Stewards and assist them in handling grievances or other problems.

Section 21. Duties of the Executive Board.

(a) The Executive Board shall transact all business of the Union when the membership is not in session, faithfully execute the orders of the membership, adopt measures in the interest of the Union and recommend such action to the Union as it deems necessary.

(b) It shall receive and make recommendations in regard to reports by Standing Committees and Officers.

(c) All action of the Executive Board shall be subject to the provisions of this Constitution and By-Laws and approval of the General Membership.

(d) The Executive Board may advise or control the course of action of any or all of the Union officers and committees, except as otherwise provided.

(e) The Executive Board, subject to the approval of the Membership, may fix the compensation to be paid to any Member, Officer, or any other person employed by the Union.

(f) The Executive Board shall meet once each month.

(g) Special meetings may be called upon reasonable notice by the President or by a majority of the members of the Executive Board.

(h) Seven members of the Executive Board shall constitute a quorum.

ARTICLE VI

SAFEGUARDING OF FUNDS

Section 1. The funds of the Union deposited in the bank shall be drawn upon only by check, signed by the Treasurer and the President of the Union.

Section 2. The President, Treasurer and Vice President shall be bonded for at least one-half (l/2) of the liquid assets of the Union, but in no event less than $25,000.00. Such bond must also satisfy the requirements of applicable federal law. The International Union will arrange for placement of bond on request by the Local, but the bond premium shall be paid by the Local. In addition, all other officers, stewards, representatives and employees of the Local shall give such bond as may be required by applicable federal law.

ARTICLE VII

COMMITTEES

Section 1. The standing committees shall consist of:

(a)Organizing

(b)Activities

(c)Women’s

(d)Skilled Trades

(e)Political Action

(f)Community Outreach

(g)Safety

(h)Diversity

(i)Retirement

Section 2. Special committees may be elected or appointed as the need arises.

Section 3. All members of the standing committees shall be appointed, and may be removed by the President, subject to the approval of the Executive Board.

ARTICLE Vlll

MEMBERSHIP MEETINGS

Section 1. Regular membership meetings of the Union shall be held the 2nd Tuesday of each month to be scheduled by the President. Changes to the date shall be approved by the Executive Board.

Section 2. Special meetings may be called upon reasonable notice to all members, by the President when so instructed by a majority of the members of the Executive Board or by 25 percent of the members in good standing. Such notice shall be in writing and shall specify the purpose of the meeting. No other business except that specified in the notice shall be transacted at this meeting. The number constituting a quorum for a membership or special meeting shall be those present at the meeting.

Section 3. Robert’s Rules of Order shall govern all parliamentary procedures of the Local except as otherwise provided in the Constitution

ARTICLE IX

INITIATION FEES, DUES AND ASSESSMENTS

Section 1. The initiation fee for membership in the Union

shall be no less than $25.00 per member.

Section 2. The monthly dues shall be the minimum International dues rounded up to the nearest dollar. (2 ¼ hours per month)

Section 3. The rates of dues, above the rates of minimum dues prescribed by the International Constitution, and initiation fees may be increased by a majority vote by secret ballot of members in good standing, who vote at a general or special membership meeting after seven (7) days' notice of the intention to vote on such question.

ARTICLE X

DELEGATES

Delegates to the International Convention, District Council, Conference Board, State and Local AFL-CIO Councils and all other organizations shall be the following Local Officers who shall serve as such delegates by virtue of their office:

(a) If one delegate is to represent the Local, such delegate shall be the President.

(b) If two or more delegates are to represent the Local, such delegates shall be the President and Vice-President with the remaining delegates being Executive Board Members chosen by the Executive Board.

ARTICLE XI

CHARGES, TRIALS AND DISCIPLINE

Section 1. Any member or officer of this Local shall be subject to discipline after charges and a hearing thereon in accordance with the following provisions for any of the following offenses:

(a) Engaging in any conduct or committing any act forbidden by or in conflict with the IUE/CWA Code of Ethical Practices.

(b) Violating any provision of the Constitution of the International Union or the Constitution of the Local or the Oath of Office of membership.

(c) Refusing to carry out the decision of the Local Union or the decision of the Executive Board of the International Union or the Convention.

(d) Engaging in any activity or course of conduct contrary or detrimental to the welfare or best interest of the Local or International Union.

(e) No member shall knowingly perform any act that will jeopardize the welfare of the Union, or detrimentally reflects on the prestige of the Union, or in any way jeopardize the wage scale and working conditions gained by the Union.

Section 2. The term "discipline," when used in this Article, shall include but not be limited to a fine, removal from office, disqualification to run for office, or suspension or expulsion from membership. No discipline shall be imposed except as provided in this Constitution.

Section 3. Charges against a member or officer of the Local shall be in writing and signed by the accuser and shall contain sufficient information to inform the accused of the alleged acts and offenses. The charges shall be filed with the Recording Secretary. Charges must be submitted within sixty(60) days from the time the accuser becomes aware of the alleged offence. The Recording Secretary shall promptly send to the International Secretary-Treasurer a copy of the charges.

Section 4. The Recording Secretary shall promptly transmit a copy of the charges to the accused, together with written notice by certified mail of the time and place of the hearing thereon. Such notice shall give the accused no less than 5 days’ notice in which to prepare a defense and appearance for trial.

Section 5. The charges shall be heard by the Local Executive Board or by a Trial Board of no less than 3 members in good standing elected by the Local members. The accused and the accuser shall have the right to appear at the trial, present evidence and argument, produce and cross-examine witnesses, and be represented by a member of the Union in good standing. Neither the accused nor the accuser nor any witness shall be eligible to sit on the Local Executive Board or on the Trial Board.

Section 6. Any decision by the Local Executive Board or by a Local Trial Board in disciplining a member or officer requires a two-thirds vote of the members present of such Executive Board or Trial Board.

Section 7. The accused or the accuser shall have the right to appeal to the next membership meeting from a decision of the Executive Board or Trial Board. After the decision of the membership only the accused shall have the right of appeal to the District Council, IUE/CWA Executive Board and the Convention. If the Local does not finally act within 90 days after the charges have been filed, the accuser shall have the right to appeal to the District Council.

ARTICLE XII

STRIKES

Section 1. When a controversy develops between the Union and employer, or association of employers which may result in a strike or a lockout, the bargaining committee shall confer with the representative of the employer, or employers, to endeavor to secure an amicable settlement. Should no adjustment prove possible, then a strike may be called after a special meeting of the members, and upon a vote in favor of a strike, by a majority of the members present. The vote shall be by secret ballot.

Authorization of the International President of the IUE/CWA, AFL-CIO, shall be required before any strike may be placed into effect. Prior to such authorization the International President will be notified of the impending strike in sufficient time to permit the President or his designee an opportunity to adjust the dispute.

`Section 2. Before a strike shall be declared ended, a special meeting of the Union shall be called for that purpose, and it shall require a majority vote, by ballot, of all members present, to decide either way.

ARTICLE XIII

UNION LABEL

Section 1. The Treasurer shall be Label Custodian, and he shall see to it that labels are supplied to those shops only which manufacture articles under the standard union shop agreement. The use of such label may only be done in accordance with a written agreement prepared by the International Union.

Section 2. The Chief Shop Steward shall have supervision over the label in his shop. It shall be his duty to see to it that said label shall not be placed on any manufactured article other than that which is made in a strictly union shop. The label must be applied to the article in the shop where the article is manufactured and must at no time be removed for use outside the shop.

Section 3. The International President of the IUE/CWA shall have the power to order withdrawal of the union label from any shop, in compliance with the Constitution of the IUE/CWA.

Section 4. Any officer or member of the Union who illegally issues or supplies, or aids in illegally issuing or supplying a union label, may be legally prosecuted and may be disciplined in accordance with disciplinary procedures set forth in Local Constitution Article XI.

ARTICLE XIV

WITHDRAWAL AND TRANSFER CARDS

Section 1. A withdrawal card shall be issued to a member in good standing who leaves the employment under the jurisdiction of the International Union. Upon resuming employment under the jurisdiction of the International Union, a person holding such card shall again be admitted to membership in this Local upon deposit of the withdrawal card and payment of the current month's dues.

Section 2. A transfer card must be issued to a member in good standing (with or without request) who has left the jurisdiction of the Local and obtains employment within the jurisdiction of a sister Local.

ARTICLE XV

UNION SEAL

Section 1. The President shall have charge of the Union Seal, and he shall see to it that it is properly placed on all important documents signed by the Union.

ARTICLE XVI

PUBLICITY

Section 1. The President shall be in charge of issuing statements to the press.

ARTICLE XVII

DONATIONS AND CONTRIBUTIONS

Section I. Requests for donations or contributions shall be referred to the Executive Board for recommendation.

Section 2. All large or unusual expenditures shall be authorized by the membership before commitments in regard to them are made.

ARTICLE XVIII

THE STEWARD SYSTEM

Section 1. All stewards shall be elected every three(3) years on the same cycle as Officer Elections at properly advertised meetings of the Locals members in the department and shift they are to represent.

Section 2. Election for department stewards shall be conducted in the following manner:

Steward nominations will be held the first membership meeting in January. Elections shall occur two(2) weeks later in the department and shift with the candidate with the highest percentage of votes being elected. Instillation of new Stewards shall be the first membership meeting in February.

Section 3. A department steward may be removed from office at any time, upon presentation of a petition, signed by 67 per cent of the union members working in his department, to the Chief Shop Steward. Any steward failing to attend three consecutive regular monthly membership meetings, without a valid excuse, may be removed from office. Any steward who has been removed from office for either of the above reasons shall not be allowed to rerun for a period of one year for the same position. The removal of stewards from office and disqualifications to run for the position of steward are subject to internal Union disciplinary procedures.

Section 4.Duties of Shop Stewards.

(a)To represent the members by whom he/she has been elected, in dealing with the supervisor.

(b) To act as contact person between the Union and said members.

(d)To extend and maintain Union membership.

(e)To inform his/her group of important affairs.

(f)To report important matters affecting his/her group to the shop committee or Union officers.

(g) Process all grievances through step one (1) then refer to the Chief Steward.

ARTICLE XIX

OFFICERS PLEDGE

Installation of Local Officers shall be conducted as follows:

Installing Officer: "Brother (or Sister) _______ _ do you accept the office to which you have been elected?" Officer Elected: "I do." Installing Officer: "Raise your right hand and repeat after me:

I do solemnly swear in the presence of the assembled members that I will faithfully execute the office to which I have been elected; and will, to the best of my ability, preserve, protect and defend the Constitution of the IUE/CWA, AFL-CIO and the Constitution of this Local Union.

I further swear that I will make an accounting for and turn over all such property to my successor in office.

I further swear that I will adhere to and support all trade union policies determined upon or subscribed to by the IUE/CWA, AFL-CIO."

ARTICLE XX

NEW MEMBERS PLEDGE

All members shall be deemed to have pledged themselves to the following obligation upon admission to membership:

I do solemnly swear that I will abide by the Constitution of the IUE/CWA, AFL-CIO and the Rules and Constitution of the Local Union to the full extent of my ability: I hereby affirm the terms of my application for membership to this International Union.

I further swear that I will bear faithful allegiance to the Local and International Union in their trade union policies and to my fellow members and the officers whom they elect.

ARTICLEXXI

MILITARY SERVICE

Section 1. All members who are drafted into the military service of the United States Government, and who are in good standing at the time of such draft, shall be entitled to full rights and benefits of membership in the Union, and shall not be required to pay dues or other assessments while in the military service of the United States Government.

Section 2. For members in the United States Military Reserves the Local Union shall pay the members portion of weekly insurance premiums for the member while on Military Leave.

ARTICLE XXII

FUNDS AND PROPERTY

Section 1. The fiscal year of this local shall be from October 1st of each year to and including September 30th of the succeeding year.

The financial records of this local shall be audited by a Certified Public Accountant, or Committee established by the local, at the end of each fiscal year. The results of such audit shall be made available for inspection of any member of the local and a copy thereof shall be sent to the District Vice President.

Section 2. Officers and members of this Local shall not be loaned funds of the Local, nor shall they use funds of the Local for purposes not related to the Local's official activities.

Section 3. The funds of this Local are to be held in trust for the benefit of the membership, and shall not be loaned, invested, or otherwise dealt with in a manner which redounds the personal profit or benefit of any officer or employee of the Local. This Local shall not invest in, or make loans to, any business enterprise. Provided, however, that publicly traded securities of widely held corporations may be purchased, so long as no individual holding is substantial enough to affect or influence the course of any employer's decision.

Section 4. On order of the International President or Secretary-Treasurer, the Local Officers shall submit all books and records to a designated Union Representative for audit.

Section 5. All Local Union records shall be retained for seven years. If the Local Union has an office, all records shall be maintained there.

ARTICLE XXIII

AMENDMENTS

Any part of this Constitution, except Article IX, Section 3, may be amended by a 2/3 vote of the members present at any regular membership meeting, provided that the proposed amendment has been posted on the bulletin board at least 5 days prior to such regular meeting and provided that such amendment does not conflict with the Constitution of the International Union.

A copy of all amendments shall be submitted to the Executive Board of the International Union within 30 days after adoption for the Board's view, as provided in Article XVI, Section A of the International Constitution.

If such amendments are not submitted to the Executive Board of the International Union within 30 days after adoption, they shall automatically be invalid. Amendments timely submitted but disapproved shall be invalid until such time as they have been resubmitted and approved. In the event of conflict between the Constitution of a subordinate body and the International Constitution, as it may hereafter be amended, the International Constitution shall prevail.

ARTICLE XXIV

BY-LAWS

The Local may adopt such By-law’s as it may deem necessary to supplement and amplify the Local Constitution particularly with respect to the holding of membership meetings, order of business at membership meetings and other procedural requirements of the administration of the Local, provided they are not inconsistent with the Constitution of the International Union.

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