LOCAL #19 LOCAL CONSTITUTION & BY-LAWS
TABLE OF CONTENTS
ARTICLE I Page
Name, Affiliation and
Jurisdiction ............................ 2
ARTICLE II
Objects ................................. 2
ARTICLE III
Meetings ................................ 2
ARTICLE IV
Officers ................................ 3
ARTICLE V
Duties of Officers ...................... 4
ARTICLE VI
Committees .............................. 8
ARTICLE VII
Delegates ............................... 8
ARTICLE VIII
Vacancies ............................... 8
ARTICLE IX
Removal from Office ..................... 9
ARTICLE X
Salaries or Expense of Officers
and Reimbursements of Representatives ... 9
ARTICLE XI
Nomination, Election,
Installation of Officers ................ 9
ARTICLE XII
Property ................................ 11
ARTICLE XIII
Membership .............................. 12
ARTICLE XIV
Dues and Assessments .................... 13
ARTICLE XV
Joint Examining Committee ............... 15
ARTICLE XVI
Duties of Members ....................... 16
ARTICLE XVII
Discipline, Trials and Appeals .......... 18
ARTICLE XVIII
Grievances .............................. 21
ARTICLE XIX
Amendments .............................. 21
ARTICLE XX
Saving Clause ........................... 22
ARTICLE XXI
Defense Fund ............................ 22
Tool List ............................... 23
ARTICLE I
Name, Affiliation and Jurisdiction
This organization shall be known as INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LOCAL UNION #19. 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
Section 1 The object 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 organizing, cultural, civic, legislative, fraternal, educational, charitable, welfare, social and other activities which further the interest, directly or indirectly, of this organization and its membership and to use all legal and appropriate means for the accomplishment of these foregoing objects.
Section 2 The I.U.E.C. Local 19 shall also establish an Organizing Committee as per the guidelines set forth in the International Union of Elevator Constructors Organizing Policy. The Local 19 organizing committee shall set all newly organized members initiation fees and dues rate.
ARTICLE III
Meetings
Section 1 The regular meeting of this Local shall be held on the second 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.
Section 2 At the direction of the Executive Board, or upon written request of not less than 10% of the membership, 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. The notice shall be mailed to the last known address of all members in good standing at least fifteen (15) days prior to the date of the special meeting.
Section 3 A quorum for the purpose of transacting any business by the Local shall consist of not less than 8% of the membership present 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 of the business to be transacted at such meeting, except as otherwise specifically provided in these By-Laws. All decisions of a Local meeting shall be by a majority of the members voting unless otherwise
specifically provided by the By-Laws.
Section 4 The presiding officer, upon whom it is the duty of properly conducting the meeting, may discipline members who unwarrantly obstruct and interfere with the orderly conduct of the meeting. No member shall attend a meeting under the influence of liquor nor conduct himself/herself while at the meeting in such a manner as to interfere with the proper and orderly conduct of the business of the Local. He/she must comply with and obey requests or orders by the presiding officer pertaining to the conduct of the meeting and at no time use vulgar or profane language nor make 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, shall be ejected. Any member who uses profane or unbecoming language during the meeting shall be admonished by the chair, and if he/she shall again offend, he/she shall be excluded from the room and fined One Dollar ($1.00); for the second offense he/she shall be fined Five Dollars ($5.00); for the third offense, he/she shall be fined Ten Dollars ($10.00).
Section 5 Unless otherwise provided, either by the laws, practices, or by vote adopted by this Local, Robert's Rules of Order shall be the guide and authority for the method of conducting the affairs of the Local at its meetings.
Section 6 Order of Business - The order of business to be followed at a regular meeting shall be the following:
1. Opening of meeting and roll call of officers.
2. Reading of minutes of Executive Board and of previous
meeting.
3. Initiation of candidates.
4. Communications and bills and action thereon.
5. Reports of committees.
6. Reports of delegates.
7. Report of officers, accidents, sickness, or death.
8. Propositions of new members.
9. Unfinished business.
10. New business.
11. Report of financial officers, suspension, or expulsion of members.
12. Nomination, installation of officers, or delegates.
13. Good and welfare, safety.
14. Temporary Mechanics and Probationary Helpers.
15. Adjournment.
ARTICLE IV
Officers
Section 1 The officers of this Local shall consist of a President, Vice President, Recording Secretary, Business Manager/Financial Secretary-Treasurer, Business Representative (when necessary and duly elected), three (3) Trustees, Warden, Correspondent to the Journal and an Executive Board to consist
of seven (7) members. These officers shall be elected in accordance with the provisions of Article XI.
Section 2 Effective in 1984, the term of office of the President, Vice President, Recording Secretary, seven (7) Executive Board members, Warden and Correspondent to the Journal shall be two (2) years. The election for President, Warden and four (4) Executive Board members shall be conducted in odd numbered years and the election for Vice President, Recording Secretary,
Correspondent to the Journal and three (3) Executive Board members shall be conducted in even numbered years. The Business Manager/Financial Secretary term of office shall be three (3) years. The term of Business Representative shall be three (3) years. The term of office of the Trustees shall be three (3) years and they shall be elected in such a manner that the term of one (1) shall expire at the end of each elective year successively. No officer other than a Trustee can act or serve as a Trustee. Officers shall serve until their successors are elected, installed and duly qualified, provided that where a Local is placed under International supervision, the terms of office of said officers shall automatically expire.
Section 3 No member shall be eligible to hold any office in this Local Union in any capacity unless such member has been a member in good standing in the Local Union for two (2) years prior to his/her nomination.
Section 4 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 5 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 6 No officer or member shall be empowered to contract any indebtedness unless ordered by the Local.
ARTICLE V
Duties of Officers
Section 1 PRESIDENT
1. It shall be the duty of the President to preside at all meetings of the Local, conduct the same in accordance with parliamentary rules; rule on all questions of law, procedure and points of order: have the deciding vote only
in case of a tie: announce the results of all votes, and enforce a due observance of order, and also enforce fines and penalties.
2. He/she shall enforce the provisions of the International and Local Constitutions and By-Laws and all duly adopted rules, resolutions and regulations of the Local.
3. He/she shall appoint all committees unless directed otherwise by the Local.
4. He/she shall examine and sign all official documents requiring his/her signature.
5. He/she shall exert general supervision over the interests of the Local, perform such other duties as may be required of him/her by the Local Union consistent with the provisions of the Constitution and the By-Laws of this
Organization.
6. He/she shall attend Executive Board meetings, and when in attendance shall vote on every motion submitted.
Section 2 VICE PRESIDENT
1. 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, he/she shall in every respect discharge the duties of the President. He/she shall perform such official duties as may be assigned to him/her by the Executive Board for the welfare of the Union, not inconsistent with the Constitution and By-Laws. The Vice President shall attend Executive Board meetings, and when
in attendance shall vote on every motion submitted.
Section 3 RECORDING SECRETARY
1. It shall be the duty of the Recording Secretary to keep a correct account of all proceedings of the Local, accurate records of attendance at all meetings, and he/she shall record the reports of all committees.
2. He/she shall read all documents and correspondence of the Local and conduct all correspondence of the Local not otherwise provided for, and he/she shall be held responsible for their safekeeping and prompt delivery to his/her successor in office.
3. He/she shall have charge of the seals of the Local, and attach the same to all documents requiring authentication.
4. The Recording Secretary shall maintain a record of all members in good standing with their last known address. Said record shall not be open to inspection by any member except as and to the extent required by law.
5. He/she shall also perform such duties as are required by the Local, and at the expiration of his/her term of office, or when called upon by the Local, he/she shall deliver to his/her successor in office, or the Board of Trustees, all property in his/her possession belonging to the Local.
6. The Recording Secretary shall attend all Executive Board meetings, and when in attendance shall vote on every motion submitted.
Section 4 FINANCIAL SECRETARY-TREASURER
1. It shall be the duty of the Financial Secretary-Treasurer to keep a correct account of each members' indebtedness and to receive the monies due the Local, giving a receipt for the same and entering same in a day book.
2. Upon request he/she shall report to the Recording Secretary at such meeting the amount of his/her receipts for inserting in the minutes. Also upon request he/she also report at such regular meeting the amount received and from whom.
3. He/she shall submit his/her books and accounts for audit and for examination quarterly, or more often should the Local so direct.
4. He/she shall read at the first meeting of each quarter, the names of members who may be in arrears for dues, fines or other property and shall furnish the Secretary with a list of such delinquents, and at the first meeting of each quarter, he/she shall present a balance sheet showing each member's account, and he/she shall present a list of paid-up members at each election. He/she shall issue no cards until members are fully paid up.
5. The Financial Secretary-Treasurer shall maintain at the Union Office a copy of the Standard Agreement and a copy of such together with annual and financial reports required to be filed under the Labor Management Reporting and Disclosure Act of 1959. The Financial Secretary shall make available for inspection by a member at the Local Union's principal office, any of the reports or agreements which are subject, by statute, to inspection by Union Members.
6. It shall be the duty of the Financial Secretary-Treasurer to receive all monies due the Local from the Financial Secretary and the Business Manager, and give his/her receipt for same.
7. He/she shall pay all orders for bills which have been legally contracted and passed for payment by the Local.
8. He/she shall keep a correct account of the receipts and disbursements, file his/her vouchers and report quarterly on the first meeting of January, April,
July and October to the Local the amount of expenses and funds in his/her
hands.
9. He/she shall be allowed to have a sum not exceeding Seventy Five Thousand Dollars, ($75,000.00) said money to be deposited in the bank in the name of International Union of Elevator Constructors, Local Union No. 19, subject to
checks signed by him/her as Financial Secretary- Treasurer, and other designated officers. All money exceeding Seventy Five Thousand Dollars ($75,000.00) shall be invested in (1)Savings account in the name of International Union of Elevator Constructors, Local No. 19, (2)Government Bonds or (3) other legal investments as authorized by the Local Union, subject to withdrawals signed by any two signatures of the Business Manager, Business Representative, Recording Secretary, President, or Chairperson of the Executive Board.
10. At the expiration of his/her term of office he/she 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 WARDEN
1. The Warden shall examine all present at the meeting and report to the President all those without a paid-up card.
2. He/she shall obtain the names of all candidates awaiting initiation and report the same to the President. He/she shall conduct the candidates through the initiation ceremony and shall perform such other duties as appertain
to this office.
3. He/she shall have charge of the door at all meetings and see that none but I.U.E.C. members shall enter, and shall be furnished with an assistant when necessary.
Section 7 TRUSTEES
1. The duties of the Trustees shall be prescribed by the Local. The Trustees shall have supervision of the bookkeeping and accounting of the Union, subject to such instructions as they may receive from time to time from the Local Union. They shall audit the books quarterly and make a comprehensive report to the Union semi-annually or whenever the Union may so direct. They shall be the
custodians of all property of the Union not officially designated for the use and care of a specified officer, member or committee. The transfer of any books or accounts from a retiring officer or member to his/her successor shall not be official until they have been audited and/or examined by the Trustees. They shall perform such other duties as the Union may direct.
Section 8 BUSINESS MANAGER
1. The Business Manager of the Local Union, by virtue of his/her election to the office of Business Manager, shall constitute his/her election as a delegate to Local and State Central Bodies and Local and State Building and Construction Trades Council. If the Business Manager is a full time weekly salaried officer, his/her election to the office of Business Manager shall constitute his/her
election as a delegate to the International Union of Elevator Constructor's Convention.
2. The Business Manager meets in a daily contact with the public and the employer and shall have charge of the business of the Local between meetings.
3. The Business Manager shall vigilantly protect the trade jurisdiction of the Elevator Constructors in the Elevator Industry in his/her locality. He/she shall compel employers to observe the Standard Agreement and Local Expense Agreements. He/she shall adjust all grievances between members of his/her Local Union and their employers with justice and fairness. He/she shall foster and promote the employment of members of the Local Union.
4. Where authorized by the Local Union, he/she shall collect dues.
5. In case of any trouble arising between meetings where assistance may be required, he/she may call upon the Executive Board to help settle the matter.
6. He/she shall make a report at each meeting as to the number of members out of employment who have reported. He/she shall state the conditions of trade and other matters that are of interest to the Local. He/she must keep regular office hours if a full time officer. He/she shall perform such other duties as the Local may direct, or the Constitution and By-Laws may require.
7. The Business Manager is authorized to perform the duties of the Financial Secretary-Treasurer.
8. The Business Manager is authorized to appoint a Steward in Alaska and as many as but no more than two stewards in Montana.
Section 9 EXECUTIVE BOARD
1. The Executive Board shall consist of the President, Vice President, Recording Secretary, and seven elected members of the Union, six of whom shall constitute a quorum. They shall elect their own Chairperson and also a Recording Secretary from among their own members. The Recording Secretary shall read the Executive Board minutes at each regular membership meeting. The regular meeting of the Executive Board shall be held at 5:00 P.M., on the first Tuesday of each month. Special meetings of the Executive Board shall be called by the Recording Secretary when a request has been made in writing for such special meeting either by the President, Business Manager, Business Representative, or Chairperson of the Executive Board.
2. The Executive Board shall decide all charges, grievances, and appeals submitted to them in due form, and their decision shall be binding in accordance with Article XVII. The regular reports and recommendations of the Executive Board may be voted upon separately if the Local so desires.
3. If at any time the Executive Board shall deem a new law necessary to govern the Local, in a manner not provided for in the Constitution, it may submit an amendment to the Constitution together with its recommendation at a regular
meeting for adoption in accordance with Article XIX, of this Constitution.
4. All excuses of the officers for non-attendance at regular or special meetings shall be submitted to the Executive Board for their decision.
5. All Executive Board members present at Executive Board meetings must vote on every motion submitted; this must be a recorded vote. Failure to do so by any member, and he/she shall be declared absent from said meeting and after three failures to vote or unexcused absences from meetings, his/her office is to be declared vacant by the Local.
Section 10 CORRESPONDENT TO THE JOURNAL
1. It shall be the duty of the Correspondent to the Journal to write one article each month for publication in the Elevator Constructor. He/she shall, in accordance with his/her oath of membership, exercise due care not to make
any statement that will be injurious or detrimental to the International Union of Elevator Constructors or any of its members.
Section 11 BUSINESS REPRESENTATIVE
1. His/her duties will be to assist the Business Manager in his/her duties as set forth in Article V, Sec. 8, paragraphs 3,4,5,6 & 7.
2. In the absence of a Business Manager due to withdrawal, retirement, or death, the Business Representative is authorized to perform the duties of Business Manager, with all of the entitlements of the Business Manager's
position as set forth in Article V, Article VII, and Article X.
ARTICLE VI
Committees
Section 1 The President, unless directed otherwise by the Local, may establish such Committees as desired and delegate specific duties to them. All Committees shall perform the duties assigned to them within the time specified and shall
report in writing. No member shall be excused from serving on Committees when called upon unless he/she already is a member of some other Committee.
Section 2 The first person named on a Committee shall act as Chairperson until said Committee meets. Its members can then elect a permanent Chairperson.
Section 3 Any Committee person who is absent for three consecutive meetings shall stand suspended from said Committee.
Section 4 In no case shall a Committee be discharged until a full and complete report and account of all transactions has been made.
ARTICLE VII
Delegates
Section 1 In addition to the Business Manager who, by virtue of his/her election to office, is a delegate to Central Bodies, the Building Construction Trades Council and to all Labor Conventions, all other delegates to the Central Body and Building Construction Trade Council shall be elected at the regular election in accordance with Article XI. The term of delegates shall be two (2) years.
Section 2 In addition to the Business Manager who, if a full time weekly salaried officer, is a delegate to the International Convention, by virtue of his/her election to office, other delegates to the International Convention shall be elected by the Local Union in accordance with the provisions
of Article XI of this Constitution and By-Laws. For secret ballot election of such delegates there must be written notice of nomination and election meetings.
ARTICLE VIII
Vacancies
Section 1 Temporary vacancies in any office shall be filled at each meeting by appointment by the President. Permanent vacancies caused by resignations, deaths, dismissals, removal from office or loss of membership shall be filled at the first regular or special meeting following the vacancy by the President appointing a successor to fill the unexpired term, provided however, if the vacancy is in a full-time paid office, the vacancy shall be filled in accordance with the nomination and election procedures set forth in Article XI.
Section 2 In the absence of the President and Vice President, the Recording-Secretary shall call the meeting to order and preside.
ARTICLE IX
Removal from Office
Section 1 If any Local Union officer shall fail to attend three consecutive Local Union meetings, without reasonable excuse, his/her office shall be declared vacant by the Local Union. If any Executive Board member or other Local Union officer required to attend Executive Board meetings, shall fail to
attend three such Executive Board meetings, without reasonable excuse, his/her office shall be declared vacant by the Local Union.
Section 2 Officers of a Local Union may be removed from office, for just cause, after notice and trial in accordance with Article XVII of this Constitution.
ARTICLE X
Salaries or Expense of Officers, and Reimbursements of
Committees and Representatives
Section 1 Salaries shall be paid weekly. The Business Manager shall be paid at 50 hours per week at the M.I.C. (Mechanic In Charge) scale at Local 19’s highest M.I.C. scale. When a Business Representative is also employed he/she shall be paid at 50 hours per week at the second highest Local 19 scale.
Section 2 No committee, representative, officer or any other member of the Local shall receive more than his/her regular salary, and then only upon a written itemized report with itemized vouchers.
Section 3 The Local shall provide an automobile and expenses for the operation and maintenance of said automobile, for the Business Manager. Recognizing he/she is required to be on instant call at all times, may be required to garage such car, and is responsible for its safe keeping, the Business Manager,
for the convenience of the Union and as partial compensation for such additional responsibilities, shall be permitted private use of such car on a round-the-clock, continuous basis, including private use when the car is not required on union business. Replacement of said vehicle shall be at the direction of the Executive Board and Trustees, with the approval of the
membership.
Section 4 A credit card shall be provided to the Business Manager and Business Representative to be used for expenses incurred conducting union business.
Section 5 For organizational expenses (parking meters, parking garages, etc.), the Business Manager shall be allowed Five Dollars ($5.00) Per day.
Section 6 The Business Representative shall be reimbursed for all expenses (parking meters, garage, phones, etc.) upon presenting signed receipts to the Business Manager/Financial Secretary. He/she shall be paid mileage for the use of his/her car on union business, as per the Local expense agreement.
ARTICLE XI
Nomination, Election,
Installation of Officers
Section 1 The nomination of officers shall be held during the month of October, at the regular meeting. All members in good standing shall have the right to nominate, vote or otherwise support the candidate of their choice. The election of officers shall be by secret ballot at the regular or special meeting held at least twenty-five (25) days after the nomination meeting. The President may designate the place or places where balloting shall take place. The Recording Secretary of the Local Union, or other officer of the Local designated by the
Local to mail notices, shall mail a notice at least fifteen (15) days prior to the nomination meeting to the last known address of all members in good standing, setting forth (1) the date and place of the nomination meeting and the offices to be filled; (2) the date, time and place of election meeting; and
(3) the notice shall state also that, in the event of a tie vote and a run-off is necessary, the date, time, and place of the run-off shall be stated at the election meeting.
Section 2 To be eligible for nomination, a member must have been a member in good standing for two (2) years previous to nomination. All candidates must be present at the nomination meeting in order to be nominated or, if unable to attend, a letter of acceptance, signed by the candidate, must be presented by the member nominating him/her. No member may be nominated for or elected to more than one office of this Local.
Section 3 As candidates are nominated, their standing in the Local Union shall be checked by the Financial Secretary before the Presiding Officer permits the nomination to be listed. The Financial Secretary shall have available all books, records and other information required to establish the eligibility of each candidate, such as length of membership, good standing and payment of dues.
Section 4 Where there are two or more running for office, the names of the candidates shall be drawn from a hat. The first name drawn shall appear at the head of the ballot; the second name drawn shall appear below the first name, etc. Each candidate for office may speak for not more than five (5) minutes at the meeting the month following nominations on behalf of his/her campaign. Each candidate may acquire one addressing of envelopes by the Local office at no charge for the purpose of campaign material (envelopes, stamps, etc. to be
furnished by the candidate). All material is to be mailed from the Local office.
Section 5 After the close of the nominations, the President shall appoint an election committee, composed of one judge and two tellers, to conduct the election, whose duty it shall be to safeguard the secrecy and honesty of the election, prepare and count the ballots, and announce the results of the election in a signed statement. After the ballots have been counted, the
judge shall enclose the secret ballots in a sealed package and said package and other records pertaining to the election shall be delivered to the Trustees or other responsible officers who shall preserve them intact for a period of one year but shall make available to the Executive Board in the event of an
election complaint.
Section 6 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. In case of a tie between two or more candidates, a run-off election shall be called at this election meeting. Each member seeking to vote
must present his/her dues card to the election committee for a check as to whether or not he/she is in good standing and eligible to vote. A member, to be eligible to vote, at an election, must be in good standing seven (7) days prior to the election. Each member shall be entitled to one vote. Any candidate may have an observer at the polls, and at the counting of ballots.
Section 7 Absentee ballots shall be available earlier than fifteen (15) days prior to an election; must be received and date stamped by the Local twenty-four (24) hours prior to an election. A double envelope balloting system and locked ballot box shall be utilized by the Election Committee. Members may be
granted an absentee ballot by written request to the Local office providing the following terms are met:
1. Members must be in good standing at the time of request for an absentee ballot, as per Article XIII, Section 4.
Section 8 In case 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 of might reasonably have changed the result of the election.
Section 9 Installation of officers shall take place at the first meeting in January, and in case an officer does not appear for installation without a legitimate excuse within two (2) regular meetings after the time provided for installation, his/her office shall be declared vacant. The Executive Board
shall determine what is or is not a legitimate excuse.
Section 10 The election of delegates to the International Convention shall be conducted in the same manner as the election of officers and in accordance with the provisions of this Article. All members in good standing shall have the right to nominate and vote in the election of delegates to the International Convention. Any member in good standing in the Local Union for at least one year previous to nomination shall be eligible to be a candidate as a delegate to the International Convention.
ARTICLE XII
Property
Section 1 All officers, at the expiration of their terms in office or when removed or when their office is declared vacant, shall deliver to their successors, all books, papers, money or 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 purpose as are specified in the Constitution and By-Laws and as may be required to transact and properly conduct its business, such as payment of salaries, purchasing of stationery, books, cards, printing, payment of rent, or any
legally authorized bills against the Local.
Section 3 The funds of the Local Union can only be expended after a vote of the membership authorizing the expenditure.
Section 4 In voting on the expenditure of union funds, the Local is prohibited from (1) directly or indirectly making loans, to union members or officers and (2) directly or indirectly dividing any portion of the union funds among the
membership, provided, however, that the Local Union is not prohibited from expending union funds to pay salaries and other legitimate expense of Local Union officers.
Section 5 No funds or property of the 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 name 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 Union may establish legal declarations of trust and appoint trustees to hold title to real estate for the benefits
of the Local Union.
Section 8
(a) A permanent Budget Committee consisting of the Business Manager/Financial Secretary Treasurer, Business Representative, two (2) Members at large and the three (3) Trustees shall be established.
(b) The Budget Committee shall submit a yearly budget for the approval of the membership under the following guidelines:
1.
The fiscal year shall be established as a period running from January 1st through December 31st.
2.The Committee shall prepare a budget for the next fiscal year to be presented to the membership for a vote at the October General meeting.
3.During the month of September they will mail a copy of their proposed budget to the membership along with a notice designating the October meeting as a Special Called Meeting for the purpose of approving the budget.
4.The Committee will present their budget to the Executive Board at their October regular meeting. The Executive Board shall then make a recommendation to the membership present at the Special Called Meeting.
(c) A simple majority of those members present at the October Special Called Meeting will be needed to approve, deny or amend the proposed budget.
(D) If a proposed budget cannot be agreed to, then the previous years budget will be used with an adjustment based on the percentage increase for inflation as established by the Consumer Price Index.
ARTICLE XIII
Membership
Section 1 QUALIFICATIONS
Every applicant for membership must be of good moral character, eighteen (18) years of age or over, and have at least a high school education or its 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 and he/she must successfully complete the N.E.I.E.P. Probationary Program. There shall be no discrimination due to race, color, sex, or creed.
Section 1(a) All probationary employees will enroll in and receive an Industrial First Aid Card and C.P.R. card prior to becoming a Local 19 member.
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 fellow members who have worked at least one month with the applicant. The two signers of the request shall appear before the Executive Board with the applicant when the applicant is notified to appear. They shall also appear at the meeting when
the application is presented to the body. 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 applicant upon favorable report of the Executive Board, the applicant shall be notified by mail to appear for initiation. When the application of a candidate is rejected, a time of six (6) months must elapse before he/she can present another application.
Section 3 INITIATION
After the candidate has been notified to appear for initiation, shall he/she fail to present himself/herself within thirty days after being notified, the time may be extended for good cause by a vote of the majority of the members present at the meeting at which the extension of time is asked for. When presenting himself/herself for initiation, he/she shall pay an initiation
fee of Four Hundred and 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 a quarterly working card from the Financial Secretary
and shall be presented with a copy of the International Constitution and By-Laws, the Local Constitution and By-Laws, the Labor-Management Reporting and Disclosure Act of 1959, the Standard Agreement and the Local Expense Agreement.
Section 4 GOOD STANDING
1.A member shall lose his/her good standing in the Local Union by (1) suspension or expulsion from membership after trial proceedings pursuant to Article XIX of the International Constitution and By-Laws, 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 automatically is 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. A suspended member becomes in good standing and his/her suspension is lifted by the payment of all back dues through the current month together with a $50.00 reinstatement fee. A suspended member must pay back dues through the current month before his/her $50.00 reinstatement fee can be paid. Upon payment of back dues through the
current month and the payment of $50.00 reinstatement fee, the member is in good standing and entitled to attend Local Union meetings with voice and vote. The ability to vote is subject to the provisions of Article XI Section 6.
2.A suspended member, upon becoming five (5) months in arrears, shall be notified by the Financial Secretary by registered mail at the member's expense.
3.Any member in arrears in dues or assessments for a period of six (6) months or more shall stand expelled and must pay six (6) months back dues at the current rate 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.
4.International and Local assessments, disciplinary fines or assessments are payable before dues.
Section 5 TRANSFER AND WITHDRAWALS
Transfer and withdrawal cards shall be issued in accordance with the provisions of the International Constitution or any amendments thereto.
ARTICLE XIV
Dues and Assessments
Section 1 The initiation fee for membership in this Local Union shall be Four Hundred and Forty Dollars ($440.00). The dues of this Local Union shall be two and one-half times the hourly rate, with a minimum of eighty percent (80%) of Mechanic prevailing wage rate and a maximum of one hundred twelve and one half percent (112½%) for whichever Local 19 wage jurisdiction a member’s wages are based upon not to exceed the M.I.C. rate, plus all increases in International per capita that become effective on or after January 1, 1997, to the nearest $.50 above, per month, paid quarterly. Any officer listed as exempt from paying dues shall however, pay the monthly International per capita, payable quarterly. No officer or member shall be exempt from paying dues and assessments except as hereinafter provided: President, Vice President,
Recording Secretary, Executive Board Members, Business Manager, Business Representative, and the Steward in Alaska, shall have their dues paid by the Local. The Trustees shall have their dues paid by the Local for the month in the quarter in which they perform the routine audit. The Correspondent to the Journal shall have dues paid by the Local for each month that an article is submitted to the Elevator Constructor. Quarterly dues are payable in advance on or before the first day of the month.
Section 2 All members, in addition to their membership dues, shall pay a death assessment of five dollars ($5.00) per death, for deaths of Local members or of a qualified retiree. The assessment shall be two dollars and fifty cents ($2.50) for qualified retirees. Retirees are considered "qualified" if they
continue payment of the death assessment after retirement and have a current beneficiary card on file.
Upon the death of any member or qualified retiree, their beneficiary shall immediately be paid the amount of $5.00 times the membership roll plus $2.50 times the number of qualified retirees. It shall be each member's responsibility to keep Local 19 informed regarding a change of beneficiary.
Section 3 After a resolution has been introduced at a regular meeting of the Local to increase or change the rate of dues or assessments, or to levy an additional assessment, the resolution shall be laid over at least one (1) meeting for consideration. The Recording Secretary shall mail specific
written notice to each member at his/her last known 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 assessment shall be changed or levied. The notice shall indicate the proposed increase or changed
assessment to be voted on. A majority vote of the members in good standing present and voting at such meeting shall decide the issue by secret ballot.
Section 4 All financial obligations (including but not limited to fines, penalties, and unpaid dues, fees, and assessments) owed by a member of the International Union of Elevator Constructors, or one of its Local Unions, under the Constitution and/or bylaws of this Local Union shall constitute debts owed by the individual members to this Local Union, and may be recovered by the Local Union through legal action brought in a court of competent jurisdiction. It is the intent of this provision that internal Union discipline (e.g.
suspension or expulsion) is not the Local Union's sole remedy for a member's failure to satisfy his or her financial obligations. If it is necessary for the Local Union to institute legal proceedings in order to recover any such debt,
the individual member shall also be liable for all costs of said proceedings, together with a reasonable attorney's fee incurred by the Local Union, the amount thereof to be fixed by the Court.
Section 5 All NSF checks shall have a Fifty Dollar ($50.00) fee.
Section 6 Unemployed members of Local 19 shall pay only the per capita taxes as dues commencing the month following their lay-off. They shall return to paying full dues upon their re-employment or upon refusing available work offered by an employer, unless such work constitutes undue hardship to a member such as physical or geographic requirements. The Executive Board will hear and decide on all "hardship" cases.
Section 7 A Thirty Dollar ($30.00) late charge will be assessed on all dues not received on or before the first day of the first month of the quarter. An additional Thirty Dollars ($30.00) will be charged for each additional calendar month that the unpaid dues are not collected.
Section 8 A Political Action Account shall be established and maintained by designating $2.00 per member per year into a separate segregated account titled "Local 19 Political Action Account". The money shall be deposited by member count during the month of July of each year. Deposits to the account shall
not exceed a balance of Three Thousand Dollars ($3,000.00) The monies in this account are to be used for political campaigns, etc., as endorsed by the Executive Board or Political Action Committee and approved by the membership. The account shall be administered by any two of the following: Business
Manager/Secretary-Treasurer, Business Representative, President or Political Action Chairman of Local 19.
Section 9 A probationary service fee of $30.00 per month will be collected from each working probationary helper at a monthly meeting designated by the Business Manager. A probationary working card will be issued at that time.
Section 10 Local 19 will establish a Social Event Account with monies set aside for social events in each primary. Primaries would be allowed to draw from their account as needed. Monies would be deposited on a yearly basis (by January 15th): any monies not used would be added to next year's account. Eleven thousand dollars ($11,000.00) would be deposited the first (to be divided between primaries as shown below) and Five thousand five hundred dollars ($5,500.00) each year thereafter. Social Committees in each primary must be established to access monies for events.
Seattle 1st year $5,000.00 yearly $2,500.00
Spokane " " $2,000.00 " $2,000.00
Anchorage " " $2,000.00 " $1,000.00
Montana " " $2,000.00 " $1,000.00
ARTICLE XV
Joint Examining Committee
Section 1 The President shall appoint three (3) Mechanics to serve with three (3) Representatives of the Manufacturers on a Joint Educational Committee, which shall enforce the N.E.I.E.P. program promulgated by the National Elevator Industry Educational Program established pursuant to the Standard Agreement.
Section 2 No Helper may qualify or be raised to the capacity of Mechanic until he/she has completed the required NEIEP courses, and has passed an examination administered by the NEIEP office.
Section 3 Helpers desiring to stand examination for mechanics class shall file, in accordance with the rules and regulations of the National Elevator Industry Educational Program, a written notice with the Recording Secretary at least one (1) meeting before the date of examination.
Section 4 Should a member desire to change his/her class from a Mechanic to the rank of Helper, he/she must appear before the Executive Board and give his/her reason for asking such a change. Should the request be granted by the Board, the member must wait two (2) year's time before he/she can again be
advanced to the Mechanic class. If the work situation requires more Mechanics than the Local can provide, the member can petition the Executive Board for reinstatement to the Mechanic class prior to two (2) years.
Section 5 Should a Mechanic reduce his/her class to the rank of Helper without sanction of the Executive Board, after notice, charges and a hearing in accordance with Article XVII of the Local Constitution and By-Laws, he/she shall be disciplined.
Section 6
1. A Helper may work as a Temporary Mechanic upon agreement of his/her Employer and the Union Representative, or the Regional Director, if he/she works outside the jurisdiction of a Local Union, and at the same scale of wages as a regular Mechanic provided he/she has worked a period of one (1 ) year and he/she has complied with the other requirements for Temporary Mechanics prescribed from time to time by N.E.I.E.P..
2. Any Apprentice/Helper working as a Temporary Mechanic without a card validated by either the Business Manager, or by the Union at a regular meeting will be fined the difference between his/her prevailing Apprentice/Helper wage rate and the prevailing Mechanic’s wage rate he/she has been working at. Each day and Apprentice/Helper performs work as a temporary Mechanic without validation of the Business Manager or by the Union shall be deemed as a separate offense.
Section 7 The expenses incurred by N.E.I.E.P. committee members for lunch meetings shall be paid by the Local as a legal and normal operating expense.
ARTICLE XVI
Duties of Members
Section 1
All members of this Local Union shall have the duty to:
1. Keep the Financial and Recording Secretary properly notified of their place of residence and all changes.
2. When they go out of town to work, notify the Business Manager of their whereabouts.
3. 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 XVII, of the Local Constitution and By-Laws.
Section 2 It shall be the duty of any member who changes employment in companies, or becomes unemployed to report to the business office of his/her Local.
Section 3 All members are encouraged to obtain and maintain current an Industrial First Aid card with C.P.R. training.
Section 4 Holidays shall be observed in accordance with Article VI of the Standard Agreement, and the company's Local Travel & Expense Agreement.
Section 5 Members shall be safety conscious at all times. All unsafe conditions shall be reported to the company that is concerned. In the event the unsafe condition is not corrected, it must be reported to the Business Manager.
Section 6 Job Cards on new construction:
A. A Job Card must be mailed to the Union Office the same day that material is unloaded on any job in which there are no Elevator Constructors on the jobsite employed by the same employer.
B. A Job Card must be mailed to the Union Office by the Mechanic in Charge the same day that a hydro-well is started, or the same day in which assisting on the digging of a hydro-well is started.
C. A Job Card must be mailed to the Union Office the same day that the installation of any equipment, escalator, elevator, dumbwaiter, etc., is started.
D. A Job Card must be mailed to the Union Office the same day that a job is continued. "Continued" means: a job that has been started but installation was discontinued for any reason. and no Elevator Constructors employed by the same
employer are on the job when work is commenced again.
E. A receipt for the Job Card will be mailed back immediately by the Union Office.
F. If a receipt is not received within six (6) working days, the Mechanic in Charge is obligated to call the Union Office and inquire if the Job Card has been received.
G. Failure of a Mechanic or T.M. in Charge to comply with these provisions may incur a fine of no less that one hundred ($100.00) dollars for each violation.
Section 7 The fact that a picket is "sanctioned" means that the body issuing sanction has been advised that the conduct of the picketing will be consistent with applicable NLRB rules and that the picketing is to be conducted for purposes permitted by law.
Section 8 Any member or officer of the Local Union may, after notice, charges and a hearing, be disciplined by the Local Union in accordance with Article XVII, of the Constitution and By-Laws for commission of any of the following offenses :
1. Failure or refusal to adhere to or comply with the provisions of the Constitution, By-Laws and policies of the International Union;
2. Failure or refusal to adhere to or comply with the decisions and orders of the Officers of the International Union;
3. Failure or refusal to adhere to the provisions of the Constitution and By-Laws of a Local Union;
4. Failure or refusal to abide by the provision of the Standard Agreement, or the Canadian Agreements, or the provisions of any Local Union agreement such as a Local Union Transportation agreement;
5. Failure to refuse 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. Misappropriation or embezzlement of funds or property belonging to the International Union and/or to a Local Union;
8. Engaging in conduct unbecoming to a member of the International Union and of any Local Union;
9. Wronging a member or officer of the I.U.E.C. by any act or acts causing economic harm;
10. Physical abuse of officers or members in or near the meeting hall;
11. Fostering secession or withdrawal of a Local Union from the International Union;
12. Any action which brings or tends to bring the International Union and/or Local Unions 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;
13. Employment contrary to or in violation of the terms and conditions of the Standard Agreement, or the Canadian Agreements, or of any Local Union agreement, such as a Local Union Transportation agreement;
14. The divulging of any of the secrets of the International Union and/or Local Union;
15. The engaging in conduct which unduly impedes the work of any officer of the International Union and/or Local Unions.
16. No member shall carry in his/her personal vehicle any Company material, parts or tools in excess of 100 pounds. Under no circumstances shall a probationary employee transport or carry in their personal vehicle any company
materials, parts or tools.
ARTICLE XVII
Discipline, Trials, and Appeals
Section 1 It shall become the duty of any member or any officer of this Union who may come to have either direct or indirect knowledge of the commission of any of the above punishable offenses by a member to prefer charges against such member in writing.
Section 2 All charges must be made in writing, stating with reasonable certainty what punishable offense under Article XVI - Section 2, was committed, the facts of the offense charged and the time and the place of the occurrence. When the punishable offense involves other sections of this Constitution
or of the International Constitution or sections of the Standard Agreement or Local Union agreement, the appropriate sections of those Constitutions or Agreements should be specifically referred to in the charges. The charges must be signed by the member making the charge and filed with the Recording Secretary. The member under charge must be considered innocent until found guilty. He/she can sit in meetings and remain in benefits until convicted of the charges provided, however, if he/she files a timely appeal, he/she can sit in meetings and remain in benefits until the General Executive Board renders a decision on his/her appeal.
Section 3 When charges have been made, the entire matter shall be referred to the Local Executive Board, and the Executive Board will try, hear and determine said charges. The Executive Board shall set a trial date and the accused shall be served with a copy of the charges by the Secretary of the Executive Board or Business Manager personally or by registered or certified mail, together with a notice of hearing, specifying the date and place where the accused shall be required to stand trial. The hearing date shall not be less than ten (10) days
(Saturday and Sunday included) from the date that the charges and notice of hearing are served upon the accused. When a member is served with charges and notice of hearing by registered mail, the letter shall be addressed to the last
known address as shown on the books of this Local Union and this shall constitute due notice to the accused member. The member may appear in person and with witnesses to answer the charges preferred against him/her. He/she may select a member of the Local Union as counsel to represent him/her in the
presentation of his/her defense. Only fellow members can serve as his/her counsel at the hearing. He/she shall be entitled at all times during the conduct of the hearing, either personally or through his/her representative, to be present and be heard and shall be entitled to face the person filing such
charges and any other witnesses testifying in support of the charge for
the purpose of cross-examination of such charging party or other witnesses, either personally or through his/her representative.
Section 3 (a) If any charges are filed in Montana or Alaska on members working in said states, the member will have the choice of being tried in the state where charges were filed, or in the Seattle primary. If the trial is heard outside Washington state, six (6) Local 19 members in good standing (residing in said state) will be appointed by the Executive Board to act as the trial board with the Local 19 Business Manager and/or Business Representative acting as the non-voting Trial Administrator. The appointed trial board will make its report to the Executive Board, who will then render a decision.
Section 4
1. After the close of the hearing, the Executive Board shall come to a decision. The Executive Board shall, orally or in writing, report its decision and the penalty, if any, to the Local Union at the membership meeting. At least seven (7) days prior to the meeting at which the Executive Board is to report its decision, the accused shall be notified in writing by the Secretary of the Executive Board that the decision will be presented. If the accused is found guilty by the Executive Board, the President shall pronounce the sentence and the President shall see that the sentence is enforced. If the member, after receiving the required notice, fails to appear at this meeting, the President shall still pronounce the sentence and the member shall be notified in writing of the Executive Board's decision.
2. If an accused is found guilty by the Executive Board, it shall have discretionary power to impose any penalty it finds appropriate including, but not limited to a reprimand, a fine not to exceed Two Thousand Dollars ($2,000.00), expulsion, suspension of membership, removal from office, denial to hold any office permanently or for a fixed period, or command to do, or perform, or refrain from doing or performing specified acts or any combination of the above.
Section 5 If the Executive Board imposes a suspension, the member shall be denied all rights and privileges of membership including voice or vote in the Local Union. If the Executive Board imposes expulsion, it shall set an assessment, which is not to exceed Two Thousand Dollars ($2,000.00) against the
member to indicate upon what terms the expelled member may again become a member in good standing. In addition, the Local may provide at the time the penalty is imposed that if more than six (6) months elapse between the expulsion order and the date the member tenders payment of the assessment, and
application for reinstatement, and the proper initiation fees, that the member shall be liable for up to six (6) months back dues, payable at the current rate. The member must pay the assessment, the back dues and the Local's initiation fee before becoming a member of the International Union and the Local Union. Such reinitiation shall become effective only with the approval of the Local into which admission is sought.
Section 6 If the accused member fails to appear after service of the charges and notice of hearing are made upon him/her, the Local Executive Board may proceed to hearing and a determination of the charges and report its decision to the Local Union.
Section 7
1. Where charges are filed with the General Secretary-Treasurer charging that a member failed to report or committed any other punishable offense within the jurisdiction of a Local Union of which he/she is not a member, the General
President, Assistant to the General President and General Secretary-Treasurer shall have the discretionary authority to make a determination whether the charges should be tried by the member's own Local Union or by the Local Union
in whose jurisdiction the alleged offense was committed. Where the International Officers direct that the home Local Union hear the charges and the member is found guilty and fined, the fine so levied is to be paid to the International Union of Elevator Constructors who will forward the same to the
Local Union in whose jurisdiction the offense was committed.
2. Where a member is alleged to have committed an offense in open territory, the complaint or charges shall be filed with the General Secretary-Treasurer. The General President, Assistant to the General President and the General
Secretary-Treasurer shall jointly have the discretionary authority to make a determination as to whether the charges should be tried by the member's own Local Union or by another Local Union. Where the member is found guilty and
fined, the fine so levied is to be paid to the International Union of Elevator Constructors and the International officers shall determine the Local Union to whom the fine is to be forwarded.
Section 8 Whenever a majority of the members of the Executive Board of a Local Union are disqualified for any reason from acting on charges preferred against a member or charges against an officer for removal, then upon notice or application, the General President may appoint a Hearing Officer or Officers
from the membership of the International Union to act in the place and stead of the Local Executive Board. The Hearing Officer or Officers so appointed shall act in the place of the Local Executive Board and shall render a decision to the Local Union in accordance with Section 5.
Section 9 Every officer, member or Local Union of the International shall exhaust all remedies of appeal as provided by this Constitution before instituting any legal proceedings of any kind against the International or any Local Union.
Section 10
1. When any member, officer or Local Union in the International Union commits any violation of the provisions of this Constitution or policies or decision of the International Union or any officer thereof, written charges are to be
filed against any accused member, officer or Local Union with the General Execu
