Draft UE Local 977 Constitution

June 27, 2019

CONSTITUTION

UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE), LOCAL 977

PREAMBLE

We, the United Electrical, Radio and Machine Workers, realize that the struggle to better our working and living conditions is in vain unless we are united to protect ourselves collectively against the organized forces of the employers.

Realizing that the old craft form of trade union organization is unable to defend effectively the interests and improve the conditions of the wage earners, we, the United Electrical, Radio and Machine Workers, form an organization which unites all workers on an industrial basis, and with rank and file control, regardless of craft, age, sex, nationality, race, creed or political beliefs, and pursue at all times a policy of aggressive struggle to improve our conditions.

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

NAME

Section 1.  This organization shall be known as United Electrical, Radio and Machine Workers of America (UE) Local 977.

AFFILIATION

Section 2. Local 977 shall be affiliated with the United Electrical, Radio and Machine Workers of America, National Union, and the Western Region of the United Electrical, Radio and Machine Workers of America.

OBJECT

Section 3.  It shall be the object of this Local to protect, maintain and advance the interests of the workers, to organize the unorganized in conformity with its jurisdiction, and provide for the advancement of the interests of the workers.

ELIGIBILITY

Section 4.  All persons coming under the jurisdiction of the UE are eligible for membership in this Local, regardless of age, skill, craft, sex, nationality, color, religious, or political beliefs or affiliation, sexual orientation, disability or immigration status.

OFFICERS AND EXECUTIVE BOARD

Section 5.  The elected officers of this Local shall be a President, a Vice President, a Recording Secretary, a Financial Secretary, and a Local Executive Board composed of the President, Vice President, Recording Secretary, Financial Secretary, one Chief Steward from each state, one at-large member from Oklahoma, one at-large member from Tennessee, one at-large member from Louisiana, and two at-large members from Texas, in recognition of the larger size of the Texas membership. In addition to the foregoing officers there shall be three (3) Trustees and a Sergeant-at-Arms.

DUTIES OF THE PRESIDENT

Section 6.  The President of the Local shall:

  1. Preside at all regular and special meetings of the Local and Local Executive Board.
  2. Be a member of the Local Executive Board.
  3. Preserve order and enforce the Constitution and By-Laws of the Union.
  4. Be an ex-officio member of all committees, but shall have no vote on motions at the meetings at which he or she presides, except in case of a tie.
  5. Appoint, subject to the approval of the membership, all special committees, when an election of same is not called for.
  6. Sign checks jointly with the Financial Secretary.
  7. Give bond in the amount required by the National Union.
  8. Be at all times responsible to the Executive Board.
  9. Be a delegate to any National Union convention and Regional Council meeting to which the Local sends delegates.
  10. Serve on the national UE Hallcon conference board, or appoint someone in their place.
  11. Serve on the Bargaining Committee.
  12. The term of office shall be for one (1) year.

DUTIES OF THE VICE PRESIDENT

Section 7.  The Vice President shall:

  1. Assist the President in the performance of all duties and act in the President's absence.
  2. Be a member of the Local Executive Board.
  3. Serve on the national UE Hallcon conference board, or appoint someone in their place.
  4. Serve on the Bargaining Committee.
  5. The term of office shall be for one (1) year.

DUTIES OF THE RECORDING SECRETARY

Section 8.  The Recording Secretary shall:

  1. Keep all records of the meetings of the Local Union and of the Local Executive Board.
  2. Conduct all correspondence of the Local Union and of the Local Executive Board, unless otherwise directed by the Local Executive Board or as otherwise provided herein.
  3. Be a member of the Local Executive Board.
  4. Perform such other duties, with the approval of the Local Executive Board, as may be necessary to a proper and effective administration of the affairs of the Local.
  5. The term of office shall be for one (1) year.

DUTIES OF THE FINANCIAL SECRETARY

Section 9.  The Financial Secretary shall:

  1. Receive, receipt, and account for all money paid to the Local.
  2. Pay all bills authorized by the Local.
  3. Furnish all supplies pertaining to the Local.
  4. Give account of all receipts and expenditures.
  5. Furnish a monthly financial report to the Local.
  6. Furnish a monthly report on per capita to the UE Western Region.
  7. Furnish a monthly report on per capita to the National Union.
  8. Sign checks and per capita reports jointly with the President.
  9. Give bond in the amount required by the National Union.
  10. Be a member of the Local Executive Board.
  11. Perform such other duties with the approval of the Local Executive Board as may be necessary to the proper and effective administration of the Local.
  12. The term of office shall be for one (1) year.

DUTIES OF THE STATE CHIEF STEWARDS

Section 10.  The State Chief Stewards shall:

  1. Assist and instruct stewards in the proper performance of their duties.
  2. Keep records of agreements and grievances and their outcome for future reference and presentation to the membership.
  3. Conduct annual and special steward elections.
  4. Be a member of the Local Executive Board.
  5. Assist in on-going training of stewards and identifying new stewards where needed.
  6. Attend Step 3 grievance hearings, and other grievance hearings as needed.
  7. The term of office shall be for one (1) year.

DUTIES OF THE TRUSTEES

Section 11.  The Trustees shall:

  1. Act as custodians and exercise supervision over all the property of the Local, keep an inventory thereof, and report same in writing at a Local meeting in every three (3) month period.
  2. Manage and safeguard all property of the Local.
  3. Examine and audit all books and records of the financial secretary quarterly, and make quarterly reports at the regular meeting of the Local following the audit, and shall make such other audits and reports at the direction of the Local Executive Board or the Local Union.
  4. Witness the quarterly official notification by the President and the Financial Secretary to the General Secretary-Treasurer of the National certifying that the Local's books and records have been audited. This notice shall state what the condition of the books and records are.
  5. Not be members of the Local Executive Board.
  6. The term of office shall be for one (1) year.

DUTIES OF THE LOCAL EXECUTIVE BOARD

Section 12.

  1. All decisions of the Executive Board shall be by a majority vote of the members present.
  2. Six members of the Executive Board shall constitute a quorum.
  3. The Executive Board shall perform all duties necessary to the proper administration of the affairs of the Local Union consistent with the Local, Regional and National Constitutions.
  4. The Executive Board, with the approval of the membership, may fix the compensation to be paid to any member, officer or other person employed by the Local Union, provided such compensation shall not exceed the maximum paid to the workers in the industry.
  5. The Executive Board shall act in cases of emergencies which may arise between meetings of the Local.
  6. The Executive Board shall determine the financial arrangements necessary to insure that the business of the Union functions in an orderly manner.
  7. The Executive Board shall meet at least one (1) time per month and at such other times as the Executive Board or the President may determine. Executive Board meetings can be by phone, internet video, or in person.
  8. The Executive Board may advise or control the course of action of any or all Local Officers and Committees, except as otherwise herein provided, subject to the approval of the membership.
  9. The Executive Board shall use every possible means to organize the unorganized within the jurisdiction of the Local.
  10. The Executive Board shall establish such committees as may be needed to promote the interests of the Union, subject to the approval of the members.
  11. The Executive Board may at any time require from any officer or committee a full and detailed statement of account of any action or business done in the name of the Local.
  12. A vacancy in the Executive Board shall be filled by nomination and election at the next regular meeting of the Local Union upon at least 15 days written (by first class mail or publication in the UE News) notice to the membership.
  13. The term of office shall be for one (1) year.

DUTIES OF SERGEANT-AT-ARMS

Section 13.

  1. Whenever a meeting is declared a closed meeting, the Sergeant-at-Arms shall examine all persons present at the meeting to ascertain if they are members in good standing of the United Electrical, Radio and Machine Workers of America, and shall not permit any person who is not in good standing to remain.
  2. The Sergeant-at-Arms shall assist the Chairperson in preserving order.
  3. The term of office shall be for one (1) year.

STATE DISTRICT ORGANIZATION

Section 14.  There shall be four state districts of the Local Union: Louisiana, Oklahoma, Tennessee and Texas. State districts and yards may have membership meetings as needed, either in person, by phone or by other remote means.

NOMINATION AND ELECTION OF OFFICERS

Section 15.

  1. Nominations for office shall be made from the floor at the regular July meeting of the Local. Nominations can also be made by phone, email, or mail prior to the July meeting.
  2. The order of nominations shall be President, Vice President, Financial Secretary, Recording Secretary, State Chief Stewards, Executive Board members at-large, Trustees and Sergeant-at-Arms.
  3. Not less than 15 days prior to the meeting at which nominations will be held, the Recording Secretary shall notify the membership in writing by first class mail or publication in the UE News of the offices for which nominations and elections will be held, including the dates, times and places that the polls will be open. The election shall be held no earlier than 15 days from the date of notification.
  4. Only members in good standing shall be eligible for office.
  5. State Chief Stewards and State At-Large Executive Board members shall be elected by a majority vote of the members casting votes from their state. All other offices are to be elected by a majority vote of all members casting ballots local-wide.
  6. No member may be a candidate for more than one office on the Executive Board. This does not include the Bargaining Committee, Hallcon Conference Board, or Convention and Council delegates.
  7. Nominees shall be informed by the Recording Secretary no later than 7 days following the meeting at which nominations were made of the office for which they have been nominated, and asked whether they accept or decline the nomination. If the nominee does not answer within 7 days after notification, that person shall not be considered a candidate.
  8. At the regular meeting of the Local in July, an Election Committee of no less than 3 members shall be nominated from the floor and elected. No candidate shall be a member of the Election Committee. The Recording Secretary shall call the first meeting of the Election Committee within 7 days after the said meeting of the Local. At its first meeting, the Election Committee shall elect a Chairperson and Secretary by a majority vote of the Committee members present. Two (2) members of the Committee shall constitute a quorum.
  9. The Election Committee shall conduct and supervise the Local election; determine, in accordance with the Constitution, the eligibility of the nominees and of the members voting; decide upon the place or places and the time when the voting shall be held; prepare and distribute sample and regular ballots; count the ballots cast for each candidate, tabulate the number of persons who voted in the election, and count the number blank and mutilated ballots. All ballots shall be kept under seal for not less than one (1) year following the election. The names of the candidates for office shall appear on the ballot in alphabetical order of their last names. All expenditures incurred by the Committee shall be subject to the approval of the Executive Board.
  10. The election of Local Officers shall be by secret ballot. The election shall occur at meetings in each state. Members who cannot drive to the meetings may request absentee ballots to be submitted by US mail.
  11. Only members in good standing shall be allowed to vote in elections.
  12. The Chairperson of the Election Committee shall present at the regular Local meeting in August a written report of the results of the election. The report shall state the total number of ballots cast, the number of void, blank and mutilated ballots, and the number of votes cast for each candidate for the respective offices. After the report has been made, the membership shall, after approving the report, discharge the Election Committee from its duties.
  13. Any challenge to the conduct or results of the election must be filed with the Recording Secretary within five (5) days after the official announcement of the election results. The Executive Board shall promptly investigate such challenge and make recommendation for its disposition to the next regularly scheduled meeting or special meeting. The disputed office shall be filled in accordance with the decision of the membership, subject to the appeals procedure provided for in Section 23 of this Constitution.
  14. The terms of the old officers shall expire at the membership meeting in August, at which time their successors shall take office. All books, records, monies and all other properties of the Local shall be delivered to the newly elected officers when they assume office.

ELECTION OF DELEGATES

Section 16.  Delegates to the Regional Council and National Convention will consist of the Executive Board members. The Executive Board shall decide how many delegates to attend each event based on the organizational and financial needs of the Local.

BARGAINING COMMITTEE

Section 17. The Executive Board shall determine the size and the participants in bargaining committees, in consultation with the national Hallcon conference board as appropriate. The President and the Vice President will be automatic members of bargaining committees.

VACANCIES IN OFFICE

Section 18.  Vacancies in office shall be filled by nominations and elections at the next regular meeting of the Local after the vacancy occurs, upon at least 15 days written notice (by first class mail or publication in the UE News) to the membership. Such election shall be by secret ballot.

MEMBERSHIP AND SPECIAL MEETINGS

Section 19.

  1. Membership meetings of the Local Union shall be held on the third Wednesday of each month to conduct the business of the Local. Membership meetings can be held either by phone, internet video, or in person.
  2. Ten Percent (10%) of the membership shall constitute a quorum.
  3. Special meetings may be called by the Executive Board of the Local or on petition by 20% or more of the members for the transaction of any special or regular business. The notice shall state the business to be transacted at the meeting.
  4. Notice of special meetings shall be given to the membership by the Recording Secretary at least 24 hours prior to the special meeting.
  5. Membership meetings are the highest decision making body in the Local Union.

DUES, INITIATIONS AND REINSTATEMENTS

Section 20.

  1. Dues shall be the governed by the UE National Constitution, Article 18, Section D.  Dues shall be 2.65 times the average hourly wage per month. The monthly dues shall be automatically increased by a percentage that is no less than the average percentage of any negotiated general wage increase and/or cost of living increases. Such dues increases shall go into effect no later than the date of the wage and/or cost of living increases. Dues are payable in accordance with the national Hallcon contract. Per capita shall be paid to the National Union in accordance with the National Constitution.
  2. Initiation fees shall be $10.00; $5.00 of which shall be forwarded to the National Office. New members shall be given copies of the Local Constitution.
  3. Part-time members (defined as 20 hours or less per week) shall pay half the dues specified in section 18a, above. The Local Financial Secretary shall communicate the total number of part-timers to the Executive Board as requested.
  4. Members employed less than five (5) days in any one calendar month shall pay unemployment dues of $1.00, of which thirty (30) cents shall be forwarded to the National Union to cover the cost of the news organ.
  5. Members who are on medical leave or union leave shall remain in good standing if they pay dues of $1.00 per month, of which thirty (30) cents shall be forwarded to the National Union to cover the cost of the news organ.
  6. Any member who shall fail to pay their current month's dues shall not be in good standing and shall be notified of such delinquency by the Financial Secretary. If such delinquent fails to place himself/herself in good standing within thirty (30) days after such notice, he/she shall be suspended.
  7. Any members suspended for nonpayment of dues may be reinstated by paying their back dues in addition to the current month's dues, and a reinstatement fee of $10; $5.00 of which shall be forwarded to the National Union.
  8. Upon request, a withdrawal card shall be issued to a member who is no longer working within the jurisdiction of the UE, provided such member is in good standing at the time.

DUTIES AND PRIVILEGES OF MEMBERSHIP

Section 21.  Each member at initiation shall pledge himself/herself to support the Constitution of UE Local 977, the Western Region and the National Union, and to obey all lawful orders of the General Executive Board in addition to such other obligations as may be required by the Local Union of which he or she becomes a member.

OFFENSES

Section 22.  The Local shall have the right to discipline by suspension or by expulsion any member of the Local who may be found guilty, after a hearing as hereinafter provided, of violation of the Constitution and By-Laws or the general good and welfare of the Local, the Western Region, or the National Union.

TRIALS AND APPEALS

Section 23.

  1. If a member of the Local commits an offense against the Constitution and By-Laws, or the good and welfare of the Local, Western Region or National Union, they shall be given an impartial trial by the Local. The offense for which they are charged shall be presented in writing to the Local by a member in good standing in the United Electrical, Radio and Machine Workers of America. The Local Recording Secretary shall give a copy of such charges to the accused member.
  2. A Trial Committee of 3 members shall be elected by the members present at the next regular membership meeting of the Local following the submission of the charges. The Trial Committee shall record the testimony and make recommendations as to the disposition of the case to the next regular membership meeting of the Local which shall vote on the recommendations.
  3. The member making the charges and the accused shall have the right to appeal to the Western Region, and then to the General Executive Board of the United Electrical, Radio and Machine Workers of America, and from that body to the ensuing National Convention. The respective decisions of the Local, the Western Region and the General Executive Board shall be final until otherwise decided by the higher body.
  4. If a member of the Local commits the offense of engaging in raiding or secession activities, the following procedure shall be followed notwithstanding any other provisions of the National Constitution, or the Region Constitution, or this Local Constitution. They shall be given an impartial trial by the Local Union. Such charges must be presented in writing by the member making the charges to the Local. The member making the charges must be a UE member in good standing. A copy of said charges is to be given to the accused by the Local Recording Secretary. A decision on such charges shall be made by the Local not later than ten (10) days after receipt of the charges by the Local. Either the member making the charges or the accused shall have the right to appeal to the Western Region, which Western Region shall have the power to elect from its body a committee to investigate the facts and hold hearings as deemed necessary. A decision of the Western Region or of the Western Region Executive Board between meetings of the Region shall be rendered to appellant not later than seven (7) days from the receipt of the appeal by the Western Region. Appeals can further be taken to the UE General Executive Board and from that body to the ensuing convention. The decision of any lower body shall be final until otherwise decided by a higher body. If the Local does not comply with the provisions of this Section, the General Executive Board shall have the power to assume jurisdiction on such charges of raiding or secession pending before the Local.

STRIKES

Section 24.

  1. No strike shall be called by the Local without the UE General President, or the representative of the General President, having made an effort to adjust the dispute.
  2. It shall be the duty of the Local President or any other officer acting in that capacity to notify immediately the General President if a strike is proposed or pending.
  3. Any strike related to the negotiation of a new collective bargaining contract, or the renewal of an existing collective bargaining contract, and all contract settlements must be approved by a secret ballot vote of the membership of the Local involved. No representative of the United Electrical, Radio and Machine Workers of America (UE) shall negotiate alone with the employer.

STRIKE AND DEFENSE FUND

Section 25.  A monthly per capita of $1 from each month's dues shall be placed to the credit of the Local's Strike and Defense Fund. This fund shall be used by the Local for strike and defense purposes only.

AMENDMENTS

Section 26.

  1. Any member in good standing of the Local, may, with the written endorsement of 20% of the members in good standing of the Local, submit proposed amendments to this Constitution, which amendments shall be submitted in writing to the Local Executive Board.
  2. The member submitting the amendment must state the Article and Section of the Constitution sought to be amended.
  3. The Executive Board may also submit amendments to this Constitution in writing, upon a vote by the majority of the Executive Board.
  4. The Local Executive Board shall report the proposed amendment to the regular Local meeting within thirty (30) days after the proposed amendment has been received. The Executive Board shall make its recommendations on the proposed amendment to the membership. At least 7 days prior to the meeting on the voting of the proposed amendment the Recording Secretary shall send to the membership copies of the proposed amendment. The proposed amendment shall become part of this Constitution by a majority vote of the members present at the meeting in favor of the proposed amendment, provided such amendment does not conflict with the Constitution of the Western Region or the National Union.

SAMPLE UE LOCAL 977 MEMBERSHIP MEETING AGENDA

  1. Call to Order
  2. Roll Call of Officers
  3. Reading of Minutes
  4. Correspondence
  5. Financial Report
  6. Report and Recommendations from Officers
  7. Report of Committees
  8. Report of Representative of National Union
  9. Unfinished Business
  10. New Business
  11. Good and Welfare
  12. Adjournment

OBLIGATIONS OF MEMBERS

I do solemnly promise, on my most sacred word of honor, that to the best of my ability, I will: Bear true and faithful allegiance to the UE and will advance its programs and policies, and preserve, protect and defend its Constitution and By Laws, and those of this Local Number 977. I will conduct myself at all times in a manner that will bring credit upon this Union and that will contribute toward its success. I will never defraud nor misrepresent this Union or allow any other member to do so if in my power to prevent it.

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