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HomeMy WebLinkAboutMINUTES - 01261993 - 1.42 1, 1 --42 ') THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 26, 1993 by the following vote: AYES: Supervisors"'Powers, Smith, Bishop, 1,10eak, Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: In the Matter of Informal Recognition by ) Teamsters Local 315 to Represent Firefighters ) Resolution No. 93/40 Employed in the East County Fire District ) WHEREAS the regularly scheduled volunteer fire suppression employees of the East Diablo Fire Protection District have petitioned for informal recognition by Teamsters Local 315, in their relations with the District, and the right to meet and consult with the District; and WHEREAS the Employee Relations Officer has reviewed the request and determined it to be in conformance with all requirements of the County's Employer-Employee Relations Resolution and has recommended approval, NOW THEREFORE: The Contra Costa County Board of Supervisors resolves that Teamsters Local 315 is hereby granted informal recognition as the recognized employee organization representing all full time firefighters employed by the County in its East Diablo Fire District. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of th3 �} Boars of Sup?iors on the date shown. ATTESTED: PHILELOR,Clerk oft Boardof Su Admin itrator f3Y _- _ Orig. Dept: Personnel Department cc: Mark Draper, East County FPD Paul Hein, Chief, East County FPD Terry McGraw, CAO Teamsters Local 315 RESOLUTION NO. 93/40 v ' TEAMSTERS LOCAL 315 GENERAL TRUCK DRIVERS,WAREHOUSEMEN, HELPERS AND AUTOMOTIVE EMPLOYEES OF CONTRA COSTA COUNTY AFFILIATED WITH I. B.of T. C. W. & H. of AMERICA 2727 ALHAMBRA AVENUE,SUITE 1 • P.O.BOX 3010 • MARTINEZ,CALIFORNIA 94553 TELEPHONE(510)228-2246 • FAX(510)871-7267 GEORGESVEUM ®� 3 FAX(415)228-1611 CHET BROOKINS Secretary-Treasurer President and Principal Officer November 25, 1992 Business Agent BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY PETITION FOR INFORMAL RECOGNITION Pursuant to Section 34-10 .0002 et seq. of the Employer-Employee Relations Ordinanceof the County of Contra Costa, Teamsters Local 315 hereby petitions the Board of Supervisors for informal recognition as the recognized employee organization, to represent the following described unit of employees in all matters relating to their employment conditions, within the -Aming of the Meyers-Millias-Brown Act. , California Gov. Code The unit petiti�r is of the following: All full-time' by the County in its East Diablo Fire D/ In support of t•,-_\ .15 states the following. 1. Teamsters Local;, , Lhambra Avenue, P. O. Box 3010, Martinez, Californi,,\ /(510) 228-2246 . 2 . (a) Petitioner is a loco union affiliated with the International Brotherhood of Teamsters, AFL-CIO 25 Louisiana Avenue , N.W. , Washington D.C. 20001 (b) Intermediate bodies of the IBT with which Petitioner is affiliated are: Teamsters' Joint Council No., 7, 150 Executive Park Boulevard, Suite 2900, San Francisco, CA 94134-3392 Western Conference of Teamsters, 101 Elliott Avenue West, Suite 500 , Seattle, Washington 98119 3. The following individuals are currently officers of Petitioner Secretary-Treasurer ' Carolyn Robinson President C. V. Brookins Vice President Dale Robbins Recording Secretary Charles Russell Trustees Dave Gregory, Paul Poston Dan Cahill BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY PETITION FOR INFORMAL..RECOGNITION November 25 , 1992 4 . As proof of its majority support. Petitioner has attached hereto as Exhibit "A" a Petition signed by employees of the County who are currently employed in the above-described unit. 5. The Petitioner is a labor organization which exists principally for the purpose of representing employees for the purposes of collective bargaining and related matters. . 6,. Petitioner is attaching hereto as Exhibit -:"B" a true and current copy of its Bylaws. 7 . Notices may be sent to the attention of either: Carolyn Robinson, Secretary Treasurer or Dale Robbins, Vice President/Organizer at the address listed in Paragraph No. 1. 8. Petitioner -hereby certifies that it has no:•,.restriction on membership based upon race, color,: creed, national origin, sex, age, or physical impairment. ° Based upon the foregoing, Teamsters Local 315 respectfully requestsrecognition by the Board. Respectfully submitted, . GENERAL TRUCK DRIVERS, , WAREHOUSEMEN AND HELPERS, TEAMSTERS LOCAL 315 Dale Robbins Vice President/Organizer DR/sm 0���3 CONTRA COSTA COUNTY SIGNATURE PETITION .FORM THIS PETITION IS FILED PURSUANT_ TO SECTION 34-4 .038( 1) OF BOARD RESOLUTION 81/1165 . THE UNDERSIGNED HAVE DESIGNATED TEAMSTERS LOCAL NO. 315 , _ (510) 228-2246 (EMPLOYEE ORGANIZATION) TO REPRESENT THEM IN THE FOLLOWING PROCEEDING: Rx] PETITION FOR INFORMAL RECOGNITION [ ] PETITION FOR FORMAL RECOGNITION [ ] PARTICIPATE IN PROCEEDINGS ON A PROPOSED UNIT [ ] PETITION FOR AN ALTERNATE PROPOSED UNIT [ ] MODIFICATION OF AN ESTABLISHED REPRESENTATION UNIT [ ] DECERTIFICATION OF A MAJORITY REPRESENTATIVE [ ] PETITION FOR REPRESENTATIONAL ELECTION BALLOT LISTING. [ J TRANSFER OF CLASS(ES) BETWEEN UNITS REPRESENTED BY SAME PARENT UNION PLEASE PRINT THE FOLLOWING INFORMATION: DATE EMPLOYEE' S FULL NAME EMPLOYEE' S SIGNATURE CLASSIFICATION TITLE r 9 � Y19K6 CNAP,4rs &cv4zRzez. �C � rpr.r6l, ACftr /.2EF/li ssTE.G r _ } �ia/�y gfrl 17/f gacK�n��'/ �- 9- fFk P,,4,1C.44.9-t C710Er6lt AF 1� �C��c, ; BEEF/U.vT2 -kA .1 LOCAL 315 BYLAWS It is the duty of a member to read and understand these Bylaws for they will be strictly enforced. DECLARATION OF PRINCIPLES We, the General Truck Drivers, Warehousemen, Helpers and Automotive Fm- ployees, Local No. 315, of Contra Costa County, California, in order to form a more perfect Union, provide for the common defense, and promote the general welfare of our members, have determined that the following principles shall guide us. FIRST.. Whatever right belongs to one member belongs to all members alike so long as they remain in good standing in the Union. SECOND. The right of each member to receive fair and just remuneration for his labor and to gain sufficient leisure for mental cultivation and physical recreation. THIRD. The right to be treated in a decent and respectable manner by our employers, and at the same time conscious of corresponding duties to them FOURTH. To try all just means to promote harmonious relations with our employers, by exercising due care and diligence in the performance of our duties. FIFTH. To regulate our conduct as a Union and as individuals so as to make our q occupation what it has the right to be -- an honest and honorable means of earning a decent and respectable livelihood. SIXTI-L To assist other Labor Unions whenever possible to the attainment of their just demands. SEVENTH. Based on these principles, we are determined to do everything in our power, individually or .collectively, as a Union to promote the best interests of our members and have adopted the following Bylaws to guide us. BYLAWS ARTICLE 1. NABS OF UNION The Union shall be known as the General Truck Drivers, Warehousemen, Helpers and Automotive Employees, Local No. 315, of Contra Costa County, State of California, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, of America. 1 LOCAL 315 BYLAWS i ARTICLE 2. MEMBERSHIP SECTION 1. The Union shall consist of an unlimited number of members. SECTION 2. Any person who desires to become a member of this Union, must fill out the regular .application blank and sign his name to it and after having been passed upon, it shall be filed by the Secretary-Treasurer for future reference. SECTION 3. The application must be presented and initiation fees tendered within thirty (30) days after signing the application. SECTION 4. (a) Any person shall be eligible to membership in this organi- zation, upon compliance with the requirements of the International Constitution and the rulings of the General Executive Board. (b) Persons who own and operate a team or vehicle may be eligible for membership in this Local Union. SECTION 5. All initiation money left on deposit by default of applicants shall be considered forfeited at the expiration of thirty (30) days. SECTION 6. No money left on deposit or initiation will be returned unless applicant is rejected. ARTICLE 3 OFFICERS AND COINIVIITTEES SECTION 1. The elective officers of this Union shall consist of one President, one Vice.-President, one Recording Secretary, one or more Business Agents, one Secretary-Treasurer and three Trustees. SECTION 2 Elected officers of this Local Union shall be delegates to other subordinate bodies, conventions of the International Brotherhood of Teamsters and other conventions by virtue of their elective office in the order of priority set forth in Article III, Section 5 (a) (1) of the International Constitution and in accordance with the applicable provisions of the International Constitution and the Constitution and Bylaws. of such other subordinate bodies. Delegates to Convention shall each be allowed expenses and their transportation. SECTION 3. The elective officers shall constitute the Executive Board of this Union, with the exception of the Business Agent. SECTION 4. The elective officers .shall be delegates to all labor bodies. SECTION 5. The President at the commencement of each term shall appoint the following officers: One Warden, one Conductor, and such other committees as he deems necessary. 2 LOCAL 315 BYLAWS SECTION 6. All officers of this Local Union when installed after election shall be required to take the following obligation of office: I, do most sincerely promise, upon my brotherly honor, that I will truly and faithfully, to the best of my ability, perform the duties of my office, for the ensuing term, as prescribed in the Constitution and Bylaws of this Union, and as an officer of this Union, will at all times endeavor, both by counsel and example, to promote harmony and preserve the dignity of its sessions. I will at all times faithfully comply with and enforce the Constitution and laws of the International Union and Bylaws and laws of this Local Union. I further promise, that at the close of my official term, I will promptly deliver any money or property of this Union in my possession to my successor in office. SECTION 7. All officers are required to carry out their respective duties. In the event an officer declines to perform his duties as prescribed by the International Constitution, these Bylaws or by law, he shall be subject to charges filed in accordance with Article XIX of the International Constitution and Article 14 of these Bylaws. In appropriate situations in which misconduct or failure to perform duties assigned by these Bylaws jeopardizes the interests of the Local Union, an officer may be subject to summary removal from office, in accordance with Article XIX, Section 1 (e) of the International Constitution. SECTION & The right to assume office or hold office or position in the Local Union, as distinguished from accrued or vested benefits, shall never be deemed a property right, but shall be a personal privilege and honor only. Any action taken by an officer in good faith and within the scope of his authority and power under these Bylaws shall not be the basis for any personal liability against such officer. SECTION 9. All officers of the Local Union must, as a condition of holding office, execute all necessary forms required by law to be filed with any federal or state agency either for and in behalf of the Local Union or as an officer or employee thereof, but accidental default shall not be considered a violation of the duty imposed by this Section. SECTION 10. All officers in the performance of their duties shall adhere to the terms of these Bylaws and the International Constitution. SECTION 11. The officers, Business Agents,. other representatives of this Local Union, and Stewards occupy positions of trust in relation to the Local Union and its members as a group and are, therefore, accountable to the membership with respect to the performance of their duties in handling funds and property of the Local Union. The failure or refusal by an officer, Business Agent, other representative of this Local Union or Steward, upon demand of the Local Union Executive Board or of any individual member for good cause, to render a proper and adequate accounting or explanation respecting the performance of his duties in handling funds and property of the Local Union shall constitute a ground for charges under Article XIX of the International Constitution on which trial shall be had under the provisions set forth in Article 14 hereof. 3 LOCAL 315 BYLAWS ARTICLE 4 NOMINATIONS AND ELECTIONS OF OFFICERS: RULES SECTION 1. Time of Nominations and Elections a. Meetings as hereinafter established for nominations of officers shall be held in October subject to the provisions of the International Constitution. Elections shall be held not less than thirty days after nominations have been closed. The Local Union Executive Board shall set the time and place of nominations and elections and such time and place and other relevant arrangements shall be convenient to the greatest possible attendance by all the members. b. The term of office of :Local Union officers and elected Business Agents shall not be for a lesser period than three (3) years, except where necessary to bring the terms of office of all officers in concurrence or in order to provide for a schedule of nominations and elections in accordance with Article XXII, Section 4(a) of the . International Constitution. SECTION 2. Notice of Rules, Nominations, Meeting and Election. At least twenty (20) days prior to the date of the nomination meeting, specific notice of the date, time and place of the nominations meeting and the offices to be filled shall be mailed or shall be published in any Local Union publication mailed to the membership (except that notice of nominations` and election may be combined); each member shall be advised in such notice that the election rules are set forth-in the Bylaws and International Constitution which are available upon request. SECTION 3. Eligibility of Members (a) Every member whose dues are paid up through the month which is prior to the month in which the nominations or election is held shall have the right to nominate, vote for, or otherwise support the candidate of his choice. No member whose dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to nominate, or vote for, a candidate for of fice in the Local Union, by reason of a delay or default in the payment of dues by the employer to the Local Union. (b) To be eligible for election to any office in this Local Union, a member must be in continuous good standing in this Local Union and actively employed at the craft within the jurisdiction of this Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said office, and must be eligible to hold the office if elected. "Continuous good standing" means compliance with the provisions of Article. X, Section 5, of the International Constitution concerning the payment of dues for a.period of twenty-four (24) consecutive months, together with no interruptions in active membership in this Local Union because of suspensions, expulsions, .withdrawals, transfers or failure to pay fines or assessments. Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5 (c) of the International 4 LOCAL 315 BYLAWS Constitution, such period of withdrawal shall not be considered a break, in continuous good standing in the Local Union. A candidate for office may not be receiving pension benefits from any pension plan. Payment of dues after their due date shall not restore good standing status for such month or months in .computing the continuous twenty-four (24) month good standing status required by this Section as a condition of eligibility for office. No member shall lose his good standing status for any month in which his dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization provided for in a collective bargaining agreement.by reason of delay or default in the payment of such dues by the employer to the Local Union. However, a member on dues checkoff whose employer fails to make proper deduction during any month in which the member has earnings fron which the dues could have been deducted, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer's failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status. Failure of a Local Union to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft within the jurisdiction of the Local Union during the required twenty-four (24) month period prior to his nomination if a challenge is made based on evidence to the contrary, in . which event. a determination shall be made on the facts presented. Periods of unemployment during the twenty-four (24) month period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the, craft, and not working outside the craft during such periods of unemployment. (c) In addition to those conditions of eligibility listed in subsection (b) above, a member must. have attended at least fifty percent (500/6) of the regular or. divisional meetings of this Local Union during the twenty-four (24) consecutive months prior to nomination in order to be eligible to run for office. The Local Union shall keep accurate records reflecting those members who are in attendance at each meeting .. and shall exempt from the attendance requirement any member who, because of illness, regular employment, or other good cause is unable to attend a. meeting. This exemption system shall be uniformly and fairly applies. SECTION 4. Nomination Procedures (a) Nominations shall be held in .accordance with provisions of Section 1 above at a general or special membership. meeting or meetings or at a meeting or meetings of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold separate meetings. If nominations are held at separate division, craft or place of employment meetings, the members may nominate candidates from their own or any other division, craft or place of employment for. election to Union office. Nominations and the conduct of the election and related questions shall be the first order of business at the nomination meeting and complete minutes shall be kept of that business. Nothing in this provision shall prohibit the holding of special meetings, at which meeting nominations and the conduct of the election shall be the sole order of business. (b) Nominations shall be made at the meeting by a member in good standing 5 LOCAL 315 BYLAWS other than the nominee by motion seconded by a member in good standing other than the nominee. Candidates are advised to verify the good standing status of their nominator and seconder prior to the nomination meeting. (c) Every member eligible to nominate candidates shall be entitled to nominate or second the nomination of one (1) candidate, but only one (1), for each office open. Prospective candidates may not nominate themselves nor second their own nomination. (d) Nominations shall not be closed until a call for further nominations has been made three (3) times by the Chair without further nominations being made. (e) If an election committee is used, after nominations, each candidate for the office of President, Secretary-Treasurer and Recording Secretary may designate one (1) member for service thereon who shall thereupon be appointed by the President. (f) In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the nominations meeting, effective as of the conclusion of the tern of the incumbent. . (g) A member otherwise eligible to run for office shall become a bona fide candidate only ,upon his nomination for office and acceptance of the nomination. To be eligible to nominate and otherwise participate in the nomination meeting, a member must have his dues paid through the month prior to the month in which the nomination meeting is held. Candidates must accept nominations at the time made either in person, or if absent, in writing, and may. accept nomination for only one office. A member may also. run for and be elected as a Business Agent or Assistant Business Agent, as provided in Article XXII, Section 8, of the International Constitution, and may hold both the office and the position if elected to both. After a candidate has accepted nomination, he may not, under any circumstances, revoke his acceptance after the ballots are printed, except where as a result of the revocation the remaining candidate is unopposed. (h) If any nominee should die before the election, his name shall nevertheless appear on the ballot. In the event such name shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office as provided in Article XXII, Section 9, of the International Constitution. (i) If there is only one (1) nominee for an office and he is finally ruled , ineligible after the nomination meeting, then the office shall be filled by appointment by the newly-elected Local Union Executive Board. ARTICLE 5. ELECTIONS SECTION 1. Election Procedures (a) After the nominations meeting, but not less than twenty (20) days prior to the election, specific notice of the date, time and place of the election and of the offices to be filled shall be mailed to each member to his last known hone address, if 6 LOCAL 315 BYLAWS • 1 no notice has previously been sent. The election shall be held at such place or places and at such time, not earlier than thirty (30) days after the nomination meeting, as may be designated by the Local Union Executive Board. The election shall be by secret ballot to be placed in boxes, unless the Local Union Executive Board has authorized the use of some standard type of election mechanical device insuring a secret ballot by machine vote, or unless the election is conducted by mail ballot. If a walk-in ballot is utilized, the election box or boxes or machine or machines, however, to be located at a place or places designated by the Local Union Executive Board. Balloting shall be open for, a period not less than six (6) hours during the period between the hours of 8:00 a.m. and 8:00 p.m.; it shall be the duty of the Local Union Executive Board to provide safeguards for the honest and fair conduct of such election. SECTION 2. Voting Procedures (a) Voting shall be conducted by secret ballot among the members in good standing. There shall be no proxy voting. Each such member shall be entitled to one vote. The Local Union Executive Board shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the International Constitution and the Local Union Bylaws, including the authority to use mail referendum balloting or absentee balloting without membership approval. The . General President shall also have the authority to direct the use of mail referendum balloting or absentee balloting without membership approval,. any action of the Local Union Executive Board to the contrary notwithstanding. Absentee voting by mail shall be permitted only upon application of members who are ill, or absent from the city or town where they are normally employed at the time of voting, because on vacation or on employment tour of duty. The Local Union Executive Board may permit additional reasons for absentee balloting if .they so desire. Application for absentee ballots shall be made to the Secretary-Treasurer not less than five (5) days prior to the date set for election and shall contain the grounds therefor. Absentee ballots shall be valid only if they are received by noon of the day on which the polls close. Absentee voting shall be conducted with all proper safeguards .for secrecy of ballot. (b) Each candidate, at his own expense, shall have the right to have an . observer other than himself at each polling place and at the counting of the ballots who must be .a member of the Local Union in good standing. Observers may challenge the eligibility of voters, and all challenged ballots shall be sealed in a blank envelope which in turn shall be sealed in an envelope with the name of the voter thereon. If votes are challenged, such challenge shall be made in writing at the time of the election with specific .reasons given for such challenge. Challenges shall be investi- gated to determine their validity, if the challenged ballots are sufficient in number to affect the result of the election. The blank envelope containing the ballot shall not be opened until such time as all challenges have been ruled upon. Upon request of any candidate, deemed reasonable by the Election Committee, voting machines, if used, .shall be checked for proper operation. Candidates shall have the right to be present at the counting of the.ballots. (c) To be eligible to vote in the election, a member must have his dues paid up through the month prior to the month in which the election is held and must still be an active member on the day of the election. The candidate for each of fice who receives a plurality of votes cast for the of fice shall be elected thereto, except in the 7 LOCAL 315 BYLAWS 1 case of Trustees, in which case the three (3) candidates receiving the highest number .of votes shall be elected. In the event of a tie vote, the candidates shall resolve such tie by lot, except In the case of a tie for the office of principal officer of the Local Union, in which case there shall be a reelection between only the candidates who have tied for the highest number of votes and only for that principal office. (d) No officer may run for another office in this Local Union, the term of which covers part of his current term, unless he resigns from his current office, effective upon the certification of the results of the election. He shall announce his intention to resign not later than fifteen (15) days prior to the nomination meeting and will not be eligible for appointment to. the vacancy created by his resignation. No officer may hold another office in any other Local Union (other than a trusteed Local Union) during his term of office, except by authorization of the General President and the Local Union involved. (e) There shall be no write-in candidates and any ballot containing a write- in candidate shall be void insofar as the vote for that office is concerned and such ballot for that office shall not be considered as having been cast in determining the vote for that office. (f) During the period between the date of election and the end of the term of office no extraordinary expenditures of Local Union funds shall be made without the approval of the officers-elect and the membership. SECTION 3. Duties of Secretary-Treasurer in Connection with Nominations and Election (a) The Secretary-Treasurer shall at least twenty (20) days prior to the holding of the nominations give notice, as above provided, to the membership of the time, place and date and the offices for which nominations will be in order in connection with the election. Such notice shall be given in the manner determined by the Local Union Executive Board, consistent with these rules. (b) The Secretary-Treasurer shall review the eligibility to hold office of any member at such member's request and shall make a report on the eligibility of that member within five (5) days thereafter to any interested member. After the nomination meeting, the Secretary-Treasurer shall review the eligibility of all candi- dates, their nominators and seconders and certify their eligibility to run for office. The Secretary-Treasurer shall immediately notify all nominees of their eligibility status and shall specifically notify any disqualified nominee of the reason for said disquali- fication. (c) Unless a joint nomination-election notice was sent, the Secretary- Treasurer shall give written notice to the membership of the Local, at least twenty (20) days prior to any election date, of the time, place, date, hours and number of offices upon which voting shall be held,. by mailing such notice to the members' last known home address. (d) Upon reasonable request of any bona fide candidate for office, the Secretary-Treasurer shall arrange for the distribution of any campaign literature by mail, or otherwise, provided that such candidate pays the reasonably estimated cost 8 LOCAL 315 BYLAWS involved in advance. The Secretary-Treasurer may require that all campaign literature shall be presented to him at the principal office of the Local Union no later than a reasonable number of days prior to the election and all candidates shall be given reasonable notice of that cutoff date. The Secretary-Treasurer may, where in his judgment it appears necessary, provide for a consolidation of such distribution in which case the cost of such distribution shall be assessed upon the candidates involved on a pro rata basis. (e) The Secretary-Treasurer, to the extent required by law, shall upon reasonable notice make available for inspection by, any bona fide candidate the membership list of the Local Union covered.by union security agreements once within thirty (30) days prior to the election date. No candidate shall be, permitted by the Secretary-Treasurer to copy any names or addresses of employees shown on such list and such inspection must be made in the presence of the Secretary-Treasurer or his designee. (f) The Secretary-Treasurer shall retain copies of all requests for distri- bution for campaign literature and copies thereof, shall make a record of the date -the literature was distributed, the cost thereof and the amount received therefor, and shall also retain a copy of the notices of nominations and of the election, a copy of the ballot, the official tally sheet submitted. by the tellers, all ballots, ballot return envelopes and such other records including election rules as shall relate to.the conduct of the election. All copies and records shall be retained for one year. (g) No incumbent officer of a local union or his designee shall in any way seek to prevent any candidate for office from obtaining a leave of absence from his place of employment for the purpose of campaigning for local union office. (h) Any member formally accused of altering or changing official returns or altering, mutilating or destroying deposited ballots, voting fraudently, engaging in, threats or violence or of denying any member any right in connection with the nomination or election procedures, shall be tried and punished in accordance with the trial procedure outlined in the International Constitution. SECTION 4. (a) Appeals. Any member who desires to challenge a ruling on eligibility to run for office shall appeal, in writing, within forty-eight (48) hours after receipt of the ruling to the General President or his designee, who shall decide such an . appeal within seven (7) days after receipt of the protest. The decision of the General President shall be appealable to the General Executive Board pursuant to the provi- sions of Article VI, Section 2, of the International Constitution. In the event there shall be any protest or charges made concerning an election by any member prior to the holding of the election, such protest or charge shall be made in writing by such member within forty-eight (48) hours of his knowledge of the event complained of and shall specify the exact nature and specifications of the. protest. Such protest or charges shall be made to the Local Union Secretary-Treasurer who shall refer the protest or charges to the Local Union Executive Board for disposition. The decision of the Local Union Executive Board shall be appealable_to the General President pur- suant to the provisions of Article VI, Section 2 of the International Constitution. (b) In the event there shall be any protest or charge by any mem- ber concerning the conduct of the election after the election has been held, such 9 LOCAL 315 BYLAWS protest shall be made in writing by such member within seventy-two (72) hours after the final tally of ballots setting forth the exact nature and specification of the protest and his claim as to how it has affected the outcome of the election. Such protest or charges shall be made to the Secretary-Treasurer of the Joint Council with which the Local Union is affiliated and the protest or charges shall be referred to the Joint Council Executive Board for disposition. The Joint Council Executive Board shall meet to consider the protest and shall conduct a hearing as prescribed by Article XIX of the International Constitution. The decision of the Joint Council Executive Board shall be appealable to the General Executive Board for final decision, which is not appealable to the Convention, in accordance with the provisions of Article XIX of the International Constitution to the extent that such provisions may be applied to an election protest or charges. ARTICLE 6 INSTALLATION The officers-elect shall take office at the end of the tern of the incumbent officers, regardless of the date of installation. Installation of officers and business agents shall take place at the January meeting following the election. ARTICLE 7 DUTIES OF OFFICERS Principal Officer SECTION 1. (a) The principal executive officer of Teamsters Local 315 shall be the Secretary-Treasurer, The principal executive officer -.gall in general, super- vise, conduct and control all of the business and affairs of this organization, its officers and employees, including without limitation, the right to appoint members of the Union to chair meetings and to preserve order therein. He shall have charge and supervision of all the officers and employees of this Local Union, including elected Business Agents, and shall have the power, to appoint, suspend, or discharge all appointive Business Agents, Assistant Business Agents and employees. He shall be empowered to hire adequate office help at his discretion. Executive officers are not disqualified from also serving as appointive Business Agents. He shall also have charge of all labor controversies involving the Union. He shall have the authority to interpret these Bylaws and to decide all questions of law thereunder, between meetings of the Local Union Executive Board. (b) When a new principal officer has been elected, he shall work in conjunction with outgoing principal officer until the installation in January to familiar- ize himself with the duties of the position. He shall enjoy the same compensation as the outgoing officer for two weeks prior to the expiration of the term President SECTION 2. (a) The President shall preside at all meetings of the Union and shall conduct the same according to the rules adopted; he shall enforce due observa-_ tion of the Bylaws; decide all questions of order without debate; subject to an appeal to the meeting; sign all official documents that may be passed.by the Union and none other and perform all customary duties pertaining to the office of the President. The President shall act as Business Agent and shall receive not less than One Hundred 10 LOCAL 315 BYLAWS ($100.00) per week compensation. He shall receive his regular salary while sick. The President shall not vote on motions pending before the membership meeting except to cast the deciding vote when a tie occurs on any question. (b) He shall be ex-officio member of all comndttees, and shall by virtue of his office be privileged to represent the organization in all conventions in the event one or more delegates being selected consistent with the provisions of Article III, Section 5, of the International Constitution Vice President SECTION 3. The Vice President shall assist the President in the performance of his duties and shall conduct the meetings in his absence. He shall perform such other duties as the Union may from time to time assign him. He shall receive not less than Twenty-Five Dollars ($25.00) per month for. each regular meeting. Recording Secretary SECTION 4. The Recording Secretary shall keep a correct record of the proceedings of the meetings, read and preserve all documents and correspondence. He. shall be an ex-officio member of all committees; and shall perform such other duties as the Union may from time to time .assign him, and shall at the expiration of his tern of. office turn over everything belonging to the Union in his possession. He shall receive not less than Eighty-Five Dollars ($85.00) per month for. his services. Secretary-Treasurer SECTION 5. (a) The Local Union Secretary-Treasurer shall enter all receipts in the name of the Local Union and shall deposit all monies in accordance with Article X, Section 9, of the International Constitution; he shall keep a correct account between the Union and its members and a correct account of all financial transactions of the Union; he shall issue all official due cards; he shall make out a monthly report giving the number of members who have been initiated, reinstated, suspended, or expelled, and the niunber of members in good standing; he shall read his report at the first regular meeting night of each month for approval.; he shall also report the financial condition of the Union at :the first regular meeting of each month. He shall submit the books and vouchers to the Trustees whenever requested. He shall answer all correspondence and keep a copy thereof, issue a call for all special meetings when. ordered, have charge of and affix the seal of the Union to all official documents .and orders, record all members' fines; he shall be an ex-officio member of all committees; he shall perform such other duties as the Union may from time to time, determine, and shall at the expiration of his term turn over everything in his charge to the Union; he shall keep on file all applications for membership and have charge of all buttons, and deliver the same in accordance to the order of the Union. He shall receive not less than One Hundred Dollars ($100.00) per week compensation. He shall be entitled to not less than two weeks' per year vacation with compensation and shall receive his regular salary while away on account of illness. He must pay bills by check and such checks shall bear the signature of any two (2) of the following: The Local Union Pres-. ident, the Local Union Secretary-Treasurer or one (1) other officer or elected Busi- ness Agent. In the event that two (2) or all of these officers become ill or otherwise incapacitated, the Local Union Executive Board shall designate substitutes for the 11 LOCAL 315 BYLAWS purpose of signing such checks. Local Union Secretary-Treasurer shall maintain a bookkeeping system as pre- scribed by the General Secretary-Treasurer and approved by the General Executive Board. He must pay the General Secretary-Treasurer the initiation fee and per capita tax as prescribed in Article X, Section 3 of the International Constitution. He must report additions, deletions and corrections to the original magazine mailing list of the Local Union to the General Secretary-Treasurer on a current basis. Local Union Secretary-Treasurer cannot and must not carry any men on their books as members of the organization and mark them exempt from paying dues, unless there has been a waiver by the General Executive Board. The Secretary-Treasurer shall send to the Research Departments of the Inter- national Union and Area Conference copies of all completed collective bargaining agreements, or amendments or extensions thereof, within sixty (60) days of execution, together with a list of the names and locations of employers and number of employees covered by such agreements. The Secretary-Treasurer shall, as of January first of each year, submit to the Research Departments of the International Union and the Area Conference a list of agreements in effect .showing the name of the employer or employers parties hereto, location or locations, and the expiration date. The Secretary-Treasurer, subject to the provisions of Article XXIII, Section 3, of the International Constitution together with the President, shall sign all official documents, deeds, mortgages, bonds, contracts, or other instruments, all checks on bank accounts, and perform such other duties as the International Constitution, these Bylaws or law may require of him. He shall in conjunction with the president, have . the authority to disburse . or order the dis- bursement of all monies. necessary to pay the bills, obligations and indebtedness of the Local Union, which have been properly incurred as provided herein. He shall have the authority to pay current operating expenses of the Local Union, including rents, utilities, and maintenance of the Union Hall and salaries and expenses of officers and employees. The Secretary-Treasurer shall prvide each new member with a free copy of the International Constitution, upon request. The Secretary-Treasurer shall provide any member with a copy of the International Constitution and of these Bylaws. Trustees SECTION 6. (a) The Board of.Trustees shall consist of three (3) members, and they shall serve for a term of three (3) years. (b) They shall examine the books and finances of the Union every month, and at any other time when deemed necessary and make a written report to the General Secretary-Treasurer, and see that the books and cash are correct; that all warrants have been drawn and paid in accordance with the International Constitution. They shall sign the books of the Secretary-Treasurer if they have found them correct and. the bank balances verified. In the. event that a Trustee declines to sign the books, the Trustee must state in writing to the Local Union Secretary-Treasurer his. reasons for declining to do so. (c) The Trustees shall be empowered to demand all monies, papers and bonds of the Secretary-Treasurer, records and tangible property of any name and 12 LOCAL 315 BYLAWS nature not otherwise provided for, and shall have the power to call a special meeting, if it necessary to take steps to protect the property of the Union. (d) No money shall be withdrawn from a bank "except banks where money is subject to check", unless a resolution is passed at a regular meeting of the Union, at which meeting at least a quorum is present, two-thirds of whom must vote in the affirmative; the said resolution must be signed by the President and Recording Secretary and bear the seal of the Union and be spread in full in the minutes of the meeting. The resolution shall be presented to the bank as authority for the withdrawal of the sum specified in the resolution. The check must-be signed,by three (3) trustees and the Secretary-Treasurer and President. (e) The Board 'of Trustees shall act as the Auditing Conrnittee and shall examine the bills at each meeting and shall countersign the same and verify deposits made in the banks by the Secretary-Treasurer. (f) They shall perform such other duties as the Union may direct and shall, on the expiration of their official term, turn over everything in their possessions belonging to the Union. (g) The control of. the real property of this organization shall be vested in the Trustees. Conductor SECTION 7. The Conductor shall examine all members present on the night of the meeting and report to the President all without the password; conduct candidates through the initiation ceremony, see that none but those in good standing. remain in room, and perform such other duties as the President may direct.. He.shall receive not less than $10.00 per month for expense allowance. The Local Union shall pay the dues of the Conductor. Warden SECTION & The Warden shall take charge of the door and prevent any but members in good standing from entering the meeting. He i shall allow no member to enter a meeting unless he presents his dues receipt. Any.member three months in arrears or on withdrawal card will not be admitted. He shall be empowered to refuse admittance to anyone under the influence of intoxicating liquors.: He shall receive not less than Ten Dollars ($10.00) per month for expense allowance. The Local Union shall pay the dues of the Warden Business Agents SECTION 9. (a) The Business Agents shall receive instructions on all business transactions requiring attention They shall attend to all ,controversies between this Union and employers and shall endeavor to -adjust a settlement as soon as possible; they shall see that all members abide by the Bylaws and working rules and that any agreement between this Union and the employers is carried out and report all violations at each meeting; they. shall see that members keep themselves in good standing; they shall attend all meetings of this Union and the Labor bodies with which this Union may 13 LOCAL 315 BYLAWS affiliate, and such other duties as may be assigned to do by this Union such as visiting the sick, and reporting their condition weekly to this Union. The Business Agent shall be entitled to not less than two weeks' vacation with compensation and shall receive their regular salary while sick. Business Agents, Business Representatives, and/or anyone perfomning the duties defined under Article 7, Section 9, shall be elected. Organizers SECTION 10. Organizers shall be appointed and removed by the Executive Board as the need arises. All organizers shall be appointed from within the membership of Teamsters Local 315. Bonding SECTION 11. All officers and employees of the Union shall be bonded where required in accordance with the provisions of the Labor Management Reporting and Disclosure Act of 1959 and any other applicable Federal and State law. All premiums and said bonds shall be paid by this Local Union. ARTICLE & CONMT1'EES Executive Board SECTION 1. (a) Except as may be otherwise provided in t'tese Bylaws, the Local Union Executive Board.is authorized and empowered to conduct. and manage the affairs of this organization, and to manage, invest, expend, contribute, use, borrow, lend and acquire Local Union funds and property in the pursuit of accomplishment of the objectives set forth in the Constitution of the International Union and these Bylaws and resolutions adopted in furtherance thereof. However, the Local Union Executive Board shall not have the authority to bind the Local Union for personal services to be rendered to the Local Union or its Executive Board, such as, but not limited to, legal, accounting, consulting, public relations and editorial services, by contract, agreement or otherwise, beyond the expiration of the term of the Executive Board in office at the time such action is taken. This shall notprevent the Local Union Executive Board from entering into a bona fide collective bargaining agreement with another Union covering Local Union employees. The Local Union executive Board, .in addition to such other general powers conferred by these Bylaws, is hereby empowered to: 1. Make and change rules and regulations not inconsistent with these Bylaws or the International Constitution for the management and conduct of the affairs of. this Local Union: 2. Establish the salaries for the officers and Business Agents and establish 14 LOCAL 315 BYLAWS the allowances, direct and indirect disbursements, expenses and reimbursement of expenses for officers and Business Agents. Changes in salaries, allowances or expenses of the officers and Business Agents shall be specifically set forth in the minutes of the Executive Board meeting at which such changes are approved. The minutes shall also reflect whether any officer who also serves as a Business Agent receives a salary, allowance or expense in his officer capacity or in his Business Agent capacity. The Local Union Executive Board may establish a dues checkoff procedure for Local Union officers and employees belonging to this Local Union; 3. Loan and borrow monies directly and indirectly for such purposes and with such security, if any, as it deems appropriate, and with such arrangements for repayment as it deems appropriate--all to the extent provided by law; 4. Secure an audit. of the books of this organization by a certified accountant at least once a year; 5. On behalf of the Local Union, its officers, employees or members, initiate, defend, compromise, settle, arbitrate or release or pay the expenses and costs of any legal proceedings or actions of any nature if, in its judgment, it shall be necessary or desirable to protect, preserve, or advance the interests of the organization. 6. Fill all vacancies in office which occur during the terms of such office for the unexpired term, in 'the manner provided in Article XXI I, Section 9 of the International Constitution; 7.. The . Union . Executive Board shall designate other officers for the President or Secretary-Treasurer for the purpose of signing checks to pay bills or to exercise any other functions of their offices in the event that either shall refuse to act or shall become ill or otherwise incapacitated; 8. Lease, purchase or otherwise acquire in any lawful manner for and on behalf of the organization any and all. real estate or other property, rights and privileges, whatsoever deemed necessary for the prosecution of its affairs, and which the organization is authorized to acquire, at such price or consideration and generally on such terms and conditions.as it thinks .fit, and at its discretion pay therefor either wholly or partly in money or otherwise. Specific authorization at a membership meeting shall be required for such expenditures, excepting for routine expenditures.not of a substantial nature; 9. Sell and dispose of any real or personal estate, property, rights or. privileges belonging to the organization whenever in its opinion the Local Union's interests would thereby be promoted, subject to 'approval (except as to form). at a membership meeting; 10. Create, issue and make deeds, mortgages, trust agreements, contracts,. and negotiable instruments secured by mortgage or otherwise as provided by resolution of the membership, and .do every other act or thing necessary to effectuate the same; 11. Create trusts, the primary purpose of which is to provide benefits for the members or their beneficiaries, and terminate and effectuate the same, all subject to approval (except as to form) by the membership; . 15 LOCAL 315 BYLAWS 12. Appoint trustees of Health and Welfare or Pension Trust Funds nego- tiated directly by the Local Union, and to which the Local is she only union party; 13. Determine the membership which shall vote on agreements and strikes, and the composition of other membership meetings, and adopt rules and regulations concerning the conduct thereof not inconsistent with the International Constitution or these Bylaws; 14. Determine the manner in which referendums shall be held, subject to the review and modification by the General President, as permitted by Article VI, Section 1(h) of the International Constitution; 15. Affilate this Local Union with Joint Council No. 7 and Western Conference, and in addition to these, such other subordinate bodies of the Inter- national. Brotherhood of Teamsters as it shall be required to do and maintain such affiliations in good standing at all times; 16. Enter into jurisdictional settlements and comply with .jurisdictional awards in behalf of the Local Union, in accordance with the policies and directives of the International Union; 17. Review interpretations of these Bylaws rendered between meetings by the Principal Executive Officer. Disputes over the interpretations of these Bylaws shall tie submitted to the General President, pursuant to Article Vi, Section 2(a) of the International Constitution. 18. Do all acts not expressly authorized herein which are necessary .or proper inimplementation of the above duties for the protection of the property.of.the Local and for the benefit 'of the organization and members. (b) The Local Union Executive Board shall have the duty to investigate any alleged breach of fiduciary duty when circumstances so warrant and to take appropriate action if the investigation so merits. (c) The Local Union Executive Board shall hold mee:ings at such time and place as shall be deterffined by the President, upon notice to al: Board members. The President shall have the right to vote on any question pending before said meeting except where such vote would create a tie. The meetings of the Local Union Executive Board shall be no less frequent than meetings of the Local Union. (d) A majority of the Local Union Executive Board shall constitute a quorum for the transaction of business at any meeting of the Board. The action of a majority of the Local Union Executive Board present at a meeting at which a quorum is present shall be the action of the Board. (e) By action of the Local Union Executive Board, which action shall be recorded in the Executive Board meeting minutes, members of the Board who are not full-time paid officers or employees of the organization may be paid their expenses, including wages lost, if any, for attendance at each meeting of the Board. 16 LOCAL 315 BYLAWS (f) As to all matters requiring action by the Local Union executive Board, and when the Executive Board is not in formal session, the Executive Board may act .by telegram, letter or telephone. When action by the Local Union Executive Board is required, the principal executive officer may obtain same by telegraphing, writing or telephoning the members of the Executive Board and such members may take action on the matter brought to their attention in the same manner; provided, however, that whenever action is sought by any of the foregoing methods, all menbers of the Executive Board shall be polled. Such action so taken by the majority of the members of the Local Union Executive Board shall constitute action of the Board as though the Board were in formal session, provided, however, that any such action shall be confirmed at the next formal session of. the Executive Board. (g) If the Executive Board is deadlocked for two consecutive meetings on any matter within its exclusive authority under this Section of the Bylaws, .the matter shall be referred to the membership for resolution. Social Committee SECTION 2.. The Social Committee shall have charge of all entertainment. The Vice-President shall be Chairman of this Committee. ARTICLE 9 BLOOD BANK Blood Bank (a) Effective March 1, 1960, a blood bank covering all members and dependents, willbe available to all members in good standing of Local No. 315 and. their dependents. Retired members who have been issued withdrawal cards and who continue as honorary or beneficial members should be .covered by.,this blood bank. ARTICLE 10 DISBURSEMENTS The Executive.Board shall be authorized to consider and make charitable contributions and donations for civic, political or other causes up to a maximum amount of $5,000 within a calendar year. Any donation which would exceed this maximum shall be first recommended by the Executive Board and approved by the membership at .a regular or special meeting. Such donations shall in no event be made without an affirmative, recommendation of the Executive Board. All such donations shall be for purposes which are consistent with the provisions of Article I, Section 2 of the. International Union. ARTICLE 11 WITHDRAWAL CARDS AND TRANSFER CARDS SECTION 1. Transfer Cards. The issuance of transfer cards shall be handled in compliance with Article XVIII, Section 1, (a) - (e) of the International Constitution. 17 LOCAL 315 BYLAWS I SECTION 2. Acceptance of Transfer Cards. The acceptance of transfer cards shall be handled in compliance with the provisions of Article XVIII, Section 3, of the International Constitution. SECTION 3. Jurisdiction to Issue Honorable Withdrawal Cards. The jurisdiction to issue honorable withdrawal cards shall be handled in compliance with Article XVIII, Sections 5 and 6, of the International Constitution. SECTION 4. Any incumbent officer of a Local Union who retires from his office shall cease to hold any other office .or position he occupies by virtue thereof as of the effective date of his retirement. Any incumbent part-time local Union officer who retires under any pension plan, the benefits of which he is entitled to by reason of his current employment at the craft (other than as a Union officer) shall cease to hold any office as of the effective date of his retirement. ARTICLE 12 INITIATION FEES, -DUES, ARREARAGES AND ASSES%ffN1S SECTION 1. Initiation Fees. The Initiation fees of this Union shall be established on March 1 of each year. They shall be based on the dues rates established for the current year for each company under agreement with Local 315. The initiation fee shall be twelve times the established dues rate for the appropriate contract and classification. All initiation fees shall be based on the dues rates established for regular full-time workers under the appropriate contract. Those workers having a wage rate lower than the established regular .full-time rate based on their hire date, shall be charged initiation based on their wage rate at its highest level for the current year. Casual part-time and supplemental workers shall be charged initiation based on the highest wage rate in their respective classification obtainable through the applicable step increases. The Executive Board shall have the authority to set a reduced initiation fee or waive entirely an initiation fee for new groups being organized. SECTION 2. Dues. All dues, whether below, at or above the minimum of Eight Dollars ($8.00) shall be increased by no less than Two Dollars ($2.00) per month. effective October 1, 1976, and an additional One Dollar ($1.00) per month effective October 1, 1977. In addition, members whose rate of dues on October 1, 1977, is less than two times their hourly earnings shall have their monthly dues increased up to the equivalent of two times their hourly earnings or by an additional One Dollar ($1.00), whichever is. a lesser amount. Effective October 1, 1978, and each October 1 thereafter, members whose rates of dues are less than two times their hourly earnings shall have their monthly dues increased up to the equivalent of two times their hourly earnings or by Two Dollars ($2.00) per month, whichever is a lesser amount. 18 LOCAL 315 BYLAWS j i Local Unions whose rates of dues are calculated on the basis of a formula other than two times the hourly earnings, which yields a rate of monthly dues equal to or in excess of two times the hourly earnings, shall increase their monthly dues rate by Two Dollars ($2.00) per month effective October 1, 1976, and an additional One Dollar ($1.00) per month effective October 1, 1977. After the increases provided above, dues shall be set on October 1 of each subsequent year on the basis of attaining a dues rate equivalent to twice the hourly earnings. Provided that the dues rate attained by application of the above increases of Two Dollars ($2.00) per month effective October 1, 1976 and an additional One Dollar ($1.00) effective October 1, 1977, shall not be reduced. However, nothing herein contained shall be construed to prohibit any Local Union from adopting a dues scale higher than the one provided herein, either by continuance of established dues formulas or by Local Union action in accordance with applicable law. . The .General Executive .Board shall have the authority to waive any of the foregoing increases in extreme hardship cases. The hourly earnings are the hourly wage rate plus comatssions where applicable, exclusive of overtime premium pay or fringe benefits. The hourly earnings in effect on October 1, will determine the monthly dues rate for the year beginning on October 1 and ending the following September 30. When calculating the rate of monthly dues based upon two times. the hourly earnings, the hourly earnings shall be doubled and rounded to the nearest whole dollar. Questions relating to the determination of the "hourly earnings" and problems which arise generally over the interpretation of this subsection shall be resolved by the General Secretary-Treasurer with the approval of the General Executive Board. SECTION 3. .Hiring Hall. Hiring Hall fee shall be $1.00 per month less than the highest monthly dues in effect at any given time. No more than one month hiring hall fee shall be accepted in any given month. SECTION 4. (a) Reinstatement. Members owing three (3) months' dues shall stand suspended and those who have-been permitted to rejoin shall pay the regular initiation fee, also all delinquent dues, payable in a lump sum before he will be allowed to go to work. (b) The Local Union Executive Board may waive for good cause on a non-discriminatory basis, the payment of delinquent dues that exceed three (3) months' delinquency and reinitiation fee. (c) The Local Union Executive Board may for good cause reduce the re=initiation fee to $50.00 re=initiation for the first suspension, $90.00 re-initiation for the second suspension. SECTION 5. Changes In Fees. Any increase, or any change, in the initiation fees, dues or the levying of special:assessments, shall be done in the manner that is provided for changing these Bylaws, that is, an amendment must be read on the floor at a regular meeting, read at a special-called membership meeting and read again for the third time at the next general meeting and at that time a secret ballot vote shall be conducted on any such change and must pass by a two-thirds majority of those voting. 20 LOCAL 315 BYLAWS i SECTION 6. Late Charges. If a member pays the dues the following month after they are due, member will be required to pay Four Dollars ($4.00) in addition to the regular dues. If'a member pays the dues the second month after they are due, member will be required to pay Six Dollars ($6.00) in addition to the regular dues for each late dues. SECTION 7. Strike Benefit Fund. (a) Effective January 1, 1985, a strike benefit fund shall be established and maintained for the benefit of members of the Local Union. Said fund, established In the manner set forth hereinbelow, shall be deposited in a trust account(s) at a responsible bank or banks and shall not be commingled with the regular funds of the Local Union. Said fund shall be administered by the Executive Board of the Local Union. In order to provide reasonable: earnings on said fund consistent with reasonable availability of said fund for the benefit and use of members of the Local Union, as hereinbelow provided, the Secretary-Treasurer of the Local Union shall place the monies in said fund in savings accounts and/or money market or time certificates, or invest the monies in said fund by other appropriate means, at the discretion, and with the approval, of the Local Union Executive Board. (b) The Fund shall be used during the strike or work stoppage sanctioned by this Local Union which occurs as a result of an impasse in the renegotiating of an existing collective bargaining agreement, or attempting to secure a collective bargaining agreement with a newly organized facility. The same membership or organizational requirements applicable for receipt of strike benefits from the International Union shall apply to the benefits provided by this fund, and any benefits received pursuant to the provisions. hereof shall be in accordance .with the following schedule of benefits. Out-of-work benefits shall be paid at the rate of no less than $55.00 per week, provided the Strike Fund has a balance of at least $150,000. In the event. the strike fund falls below $150,000, out-of-work.benefits shall be reduced to $35.00 a week. If .the balance of the Strike Fund falls below $50,000, no further benefits shall be paid on strikes currently in progress for which benefits have been paid until. the fund is replenished by assessment payments and/or interest to the required minimum of $50,000. Out-of-work benefits to those workers not on strike at the time the fund falls below $50,000 shall be paid benefits at the discretion of the Executive Board. Effective July 1, 1986, such out-of-work benefits shall be payable at the end of the first (1st) week of the strike or lockout, but in no case shall a fraction of a week's out-of-work benefits be allowed, This Fund shall also be used for strike-related expenses, such as, but not limited to, transportation and meal expenses for picketers, publicity and printing expenses and payment to picketers as needed for picketing. Whenever the strike fund balance exceeds $200,000. the balance in excess of that amount may be allocated as needed for the payment of expenses related to the education and organizing of union and non-union workers. i 21 LOCAL 315 BYLAWS r f (c) The Local Union Executive Board shall have the exclusive authority to review the Fund periodically to determine that the above schedule is adhered to by the Union. (d) The Strike Benefit Fund shall be financed in the following manner: An assessment shall be charged to each person who becomes a member of the Local Union subsequent to January 1, 1985, for the first time or who re-affiliates with the Local Union after an absence of 24 or more months. This assessment shall be $24.00 for new or returning members. (e) For all current members, this assessment shall be $24.00 per year, due and payable during the first quarter of each year. Any member failing to pay the current year's assessment during the months of January, February or March shall be assessed a late charge of $5.00 per month for each and every month he or she is delinquent, beginning with April of the current year. Any member failing to pay the current year's strike benefit fund assessment by July 1st will be referred to the Teamsters Local Union No. 315 attorney for possible legal action. Legal remedy may include, but is not limited to small claims court action. ARTICLE 13 ` DUTIES OF MaMERS SECTION 1. The first duty of each member is to be true and loyal to his .Union, and the objects of the Labor Union; to patronize all objects and purposes of the Labor Cause; to purchase only Union-made goods and not patronize any place where non- union labor is employed. SECTION 2. Every member must conform to and abide by the rules concerning wages and hours, etc., as agreed upon by this Union. Any member found guilty by the Executive Board of entering into private or personal contracts with their employers as to wages, hours or conditions shall be fined not less than Fifty Dollars ($50.00) for the first offense, and not less than Seventy-Five Dollars ($75.00) for the second offense, and not less than One Hundred Dollars ($100.00) for the third offense and any other penalty deemed necessary by the. Executive Board. No such fine may be imposed, unless the member has been afforded full and fair hearing in compliance with Article XIX of the International Constitution. SECTION 3.. Members not claiming wages or overtime within seven (7) days after each pay period shall not have a claim for any back wages or overtime and shall be subject to a fine or suspension. No such fine may be imposed, unless the member has. been afforded full and fair hearing in compliance with Article XIX of the, International Constitution. SECTION 4. Any member violating registration office rules shall be fined Twenty-Five Dollars ($25.00). No such fine may be imposed, unless the member has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. I SECTION 5. . Any person holding a withdrawal card or transfer card from the International Brotherhood of Teamsters, not deposited, shall not be permitted to any i 22 LOCAL 315 BYLAWS i I C meeting of this organization. SECTION 6. Members found guilty of patronizing places on the unfair list of the Joint Council of Teamsters or places who do not display the Union Card or Button will be fined or suspended as this Union may decide. No such fine may be imposed, unless the member has been afforded full and fair hearing in compliance with Article XIX of the International Constitution. SECTION 7. Members shall not cross or violate any picket line sanctioned by Joint Council No. 7 and shall be fined no less than Two Hundred and Fifty Dollars ($250.00), or as the Executive Board directs. No such fine may be imposed unless the member has been afforded a full and fair hearing in strict compliance with Article XIX of the International Constitution. SECTION & It will not be permitted by this Organization to allow any member to purchase uniforms, hats or caps. All uniforms must bear the Union Label. Definition of Uniform: Any garment, cap, hat, shirt, puttees, pants, blouse; jacket, coat, coveralls, suspenders, belt, necktie, or bandana, streamers or streamer, pennant, smock or any garment or wearing apparel the employer may recommend or .suggest, directly or indirectly. Laundry and upkeep of the above shall be borne by the employer. Before any member of this Union decides to wear any specific type of wearing apparel, or is requested to wear any uniform, whole or part, he shall first get permission for the Executive Board of the Union. SECTION 9. No member of this Organization will be permitted to perform work coming under the jurisdiction of another organization. SECTION. 10. No member may resign from his membership in this Local Union before he has paid all dues, assessments, fines and other obligations owing to the International Union and all its subordinate bodies. A resignation must be in writing to the Secretary-Treasurer of this Local Union. ARTICLE 14 CHARGES AND TRIALS SECTION 1. Each member of this Union shall have the right to fair treatment in the application of union rules and law in accordance with the International Constitution and these Bylaws. In applying the rules and procedures. relating to union discipline, the essential requirements of due process of law (notice, hearing and judgment based upon the evidence) shall . be observed, without however, requiring the technical formality followed in courts of law. Recognizing that these requirements of fairness and due process of law will be administered by groups of laboring men and women, this. Local Union adopts the following procedures with the specific understanding that the following procedural guides are designed to attain justice both to the individual menber and the organization, and in instances where deviations from such procedures are not such as to substantially affect the member's substantive right, these procedures are not to constitute technically precise requirements of strict pleadings of courts of law. SECTION 2. TRIALS AND APPEALS 23 LOCAL 315 BYLAWS 1 shall stand suspended from rights and privileges under the International Constitution until the provisions of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carries with it an order of expulsion, then such order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal. (d) Rights of the Accused. Throughout the proceedings, there shall be a presumption of innocence in favor of the accused. Clear and convincing evidence must be presented to support the charges, and the accused shall have the right to present his own evidence, rebut testimony against him, present witnesses favorable to him and cross-examine adverse witnesses. The charging party, the accused and the Local Union Executive Board may select only a memberin good standing of the Local Union to represent them at a hearing conducted before any appellate body. Witnesses need not be members of the Union. The hearings shall be open to other members, subject to the discretion of the Local Union Executive Board in maintaining order and in excluding witnesses except when testifying. (e) Action by the Local Union Executive Board. A summary of the testimony and evidence introduced at the hearing shall be made and a copy of such summary shall be furnished the accused The Local Union Executive Board shall have the authority to determine the manner of reporting the hearings and shall have authority to exclude any method not authorized by it. If the Local Union Executive Board decides to have a transcript or recording of the hearing made, the Local Union Executive Board shall furnish a copy of the same to the accused and to other . interested parties upon payment of the cost for same, or .shall make such copy available to any interested party for copying or consultation without cost. If on appeal any appellate body makes a transcript or, recording of the proceedings on appeal, such appellate body shall furnish a copy of the same to the accused and to other interested parties upon payment of the cost for same, or shall make such copy available to any party for copying or consultation without cost. Within a reasonable time after completion of the hearing, the Local Union Executive Board shall decide the case. The decision of the Local Union. Executive Board shall be in writing and contain the charges, its own factual findings and decision, and a notice to the parties informing them of the proper body to which they may appeal, and the time within which the appeal must be filed A copy of the decision of the Local Union Executive Board must be forwarded to the parties without delay. A copy of all documents in the proceedings shall be kept available at the Local Union's principal office until final disposition is made of these charges. (f) Appeals. Appeals shall be taken pursuant to the. provisions of Article XIX of the International Constitution. ARTICLE 15 STRIKES AND LOCKOUTS SECTION 1. (a) In the event of serious disputes between the members and their employers, immediate notice shall be given the Executive Board and they shall endeavor to avoid strikes and if possible settle the strike amicably. In a case where the Union has an agreement with the employer, all honorable means shall be exhausted before 25 LOCAL 315 BYLAWS j j l� f resorting to stringent measures. (b) Contracts may be accepted by a majority vote of those members involved in negotiations and voting, or a majority of such members may direct further negotiations and voting, before a final vote on the employer's offer Is taken, as directed by the Local Union Executive Board. When, in the judgment of the Local Union Executive Board, an employer has made a final offer of settlement, such offer must be submitted to the involved membership and can be rejected only by a two-thirds (2/3) vote of the members involved in the negotiations and voting or responding to a referendum mail ballot. If a settlement cannot be reached, the Local Union Executive Board shall order a secret ballot to be taken and it shall require a two-thirds (2/3) majority of those members of the Local Union involved in such negotiations and voting to adopt a motion to strike. The ballot must be "Yes" or "No" written on paper ballot or by approved mechanical device which assures secrecy. In the alternative, the Local Union Executive Board may conduct such strike vote by referendummail ballot of the membership involved in such negotiations,. in which event it shall also require a two-thirds (2/3) majority vote of those responding to the referendum mail ballot to authorize a strike. The failure of such membership to authorize a strike upon rejecting the employer's last offer shall require the Local Union Executive Board to accept such last offer or such additional provisions as can be negotiated by it. Strike votes shall not be required in any case where a collective bargaining agreement then in existence authorizes such strike for the purpose of enforcing the terms of such agreement. Nor shall a strike vote be required .for a strike in support of demands that an employer agree to the terms and conditions of an agreement already negotiated on a state; multi-state, multi-area or national, company- wide or area basis. In such case the Local Union Executive Board, subject to the approval of the General President, may call the strike in support of its position, and. may also,,with the approval of the General President; terminate such strike. A strike may be terminated by a majority vote of the involved members voting either by secret ballot or by mail referendum as directed by the Local Union Executive Board. Therequirement that the employer's final offer of settlement can be rejected only by a two-thirds (2/3) vote shall not apply during a strike. SEMON 2. The direction of strikes, lockouts and boycotts shall be in the hands.of the Executive Board. SECTION 3. . In the event of a strike, picketing or .lockout in a labor dispute between the Union and an employer, all members employed by the employer must report daily to the Union Headquarters, or to the business agent or his designee, to register and receive instructions. Failure to do so, they shall be subject to charges in accordance with Article 14 of these Bylaws and Article XIX of the International Constitution. A member involved in such a labor dispute may be excused from the obligations stated above only if: i (a) the member is currently receiving State Disability of Workers' Compensation benefits; or (b) the member is excused by action of the Executive Board for just cause; or 26 LOCAL 315 BYLAWS (c) the member submits a written resignation from employment to the employer, with a copy delivered to the Executive Board. SECTION 4. Any member or members causing a strike that has not been authorized in accordance with the applicable provisions of Article XII of the International Constitution, or in any way violating the working rules of the Union, shall not receive any support; and shall be punished as the Union may determine upon the recom- mendation of the Executive Board. ARTICLE 16 EXPENSES AND AUTOMOBILES SECTION 1. Allowances Recognizing that the officers and representatives of this organization do not work regularly scheduled hours and receive no compensation for overtime or premium pay; also recognizing that such individuals are required to pay varying amounts for lodgings and meals depending upon the city to which, they travel, which amounts are sometimes less, but more often more than the allowances given them; and recognizing that they must participate in cultural, civic, legislative, political, fraternal, educa- tional, charitable, social and other activities in addition to their specific duties as provided in . the Constitution and these Bylaws, that such activities benefit the organization and its members and that the time spent in such activities is unpredictable and unascertainable such officers and representatives may be granted an allowance (both for in-town and out-of-town work, respectively, which in the case of out-of- town work shall include hotel and meal expenditures) in such amount (daily, weekly or monthly) as the Local Union Executive Board may determine and there shall be no need to make a daily or other accounting to the Local Union membership for such allowance. In addition to the allowances set forth above, all officers and employees may be reimbursed for, or credit provided for, all other expenses incurred in connection with their activities. SECTION 2. Expenses When a representative of the organization is engaged in activities in the interest of or for the benefit of the organization and its members within the scope of his authority, the labor organization shall pay the expenses incurred therein, or reimburse the representative upon receipt of the itemized vouchers from him or the supplier of such services, provided that the representative does not receive an allowance for these expenses or reimbursement from any other source. SECTION 3. Automobile Allowance The Local Union may provide its officers or representatives with automobiles upon authorization of the membership, or in lieu thereof, they may be paid an allowance for use of their automobiles in such amount or at such rate as shall be approved by the Local Union Executive Board. In such instances where the Local Union provides an automobile, title to the automobile shall remain at all times in the name of the Local Union. It is recognized that such officers or employees are f 27 LOCAL 315 BYLAWS required to be on instant call at all times, may be required to garage such automobiles and are responsible for their safeguarding. Accordingly, for the convenience of the Union and as partial compensation for such additional responsibilities, such officers shall be permitted private use of such automobiles on a round-the-clock, continuous basis, including private use when the automobiles are not required on Union business. SECTION 4. Benefits The Local Union Executive Board may from time to dine provide the terms and conditions of employment for officers, employees and representatives of this organi- zation including, but not limited to, such fringe benefits as vacations with pay, holidays, sick leave, time off for personal leave, and in connection therewith, any disability or sickness, health and welfare and retirement benefits and activities, and facilities relating thereto, and may from time to time provide changes therein, as well as additional compensations and allowances. Any such benefit adopted by the Executive Board shall be specifically set forth in the minutes of the Executive Board meetings. The Local Union Executive Board or the principal executive officer is authorized to make to any- Local Union officer or employee advances on his salary and/or vacation pay, within the restrictions of applicable law. ARTICLE 17 JURISDICTION AND AUTONOMY SECTION 1. The jurisdiction of this. Local Union shall be determined by the International Union from time to time. SECTION 2. This Union shall never be dissolved as longi as there are seven (7) members who are willing to continue it. SECTION 3. The autonomy of this Union shall be held inviolate; this Union at all times reserves the right to make laws .and rules to govern its own meunbers, provided it does not conflict with the International Constitution. SECTION 4. All money and property of any kind or nature belonging to this Union shall be held in the name of the General Truck Drivers, Warehousemen, Helpers, and Automotive Employees, Local No. 315, of.Contra Costa County, State of California. ARTICLE 18 MEETINGS SECTION 1. The regular 'meeting of this Union. shall be held the second Wednesday of each month. Membership meetings may be suspended during any three (3) months between June and October by action of the membership at a meeting after reasonable notice of the intention to vote upon such question. SECTION 2. Meetings of this Union shall be held at the Teamsters Hall, Martinez. r Meetings to start at 8:00 P.M. However, February, June and October meetings shall be held at the Richmond Hall when- facilities are adequate for, this purpose. i SECTION 3. A quorum shall consist of at least fifteen (15) members for a regular 28 LOCAL 315 BYLAWS meeting or special meeting for the transaction of business not otherwise provided for. SECTION 4. Unless a quorum is present, no business. shall be transacted. SECTION 5. Special meetings may be called by the President upon the written request of twenty-five (25) members in good standing. SECTION 6. No business other than that specified shall be transacted at a special meeting unless .otherwise provided for. SECTION 7. Retired members shall be allowed to attend all regular meetings, but shall not be allowed to vote. SECTION & Quarterly Meetings Quarterly daytime meetings shall be held for infoimationsl purposes on the second Tuesday of February, May, August. and November.. This meeting shall be held at 10:00 A.M. alternately in Martinez and Richmond halls (February and August in Martinez and . May and November in Richmond). These meetings shall be discontinued if it is determined by the Executive Board that attendance at these meetings does not justify them ARTICLE 19 TO BYLAWS SECTION 1. These Bylaws shall. be amended in the following manner: Any member in good standing may at any regular meeting introduce an amendment in writing which shall be read again at a special-called membership meeting and voted upon at the following regular meeting.- Members shall be notified by newspaper of all special- called membership meetings, and regular meetings requiring a vote on proposed Bylaw changes. SECTION .2. Absentee ballots will be supplied for those on out-of-town. runs or working shifts that. precludes them from attending such meeting to enable such member to vote on Bylaws' amendments. SECTION 3. Amendments to these Bylaws are subject to the approval of the General President, as provided in .Article VI, Section 4, of the International Constitution and shall not be effective until such approval has been given. SECTION 4. Nothing contained in Article 19 of these Bylaws shall preclude the. Local Union Executive Board in the exercise of its discretion, from directing that a membership vote be conducted by mail referendum after appropriate notice and with safeguards to ensure the integrity of the balloting. ARTICLE 20 i EXHAUSTION OF REMEDIES � SECTION 1. No member or officer of this Local Union shall resort to any court or agency outside this Union or the International Union unless and until he has exercised all his rights as a member and all forms of relief and avenues of appeal as provided by the International Constitution or these Bylaws have been exhausted by him, unless 29 LOCAL 315 BYLAWS I L _ I , j 1 otherwise provided by statues. ARTICLE 21 APPLICATION OF INTERNATIONAL CONSTITUTION SECTION 1. The Union hereby readopts as its Constitution, the Constitution of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and . Helpers of America and incorporates herein by reference as though more fully set forth herein all such provisions of said Constitution as it may be interpreted, modified .or amended from time to time. SECTION 2. Should there be any conflict between any of the provisions of these Bylaws and the Constitution of the International Union, the provisions of. the International Constitution shall govern. SECTION 3. Should any question arise not specifically covered by these Bylaws, such questions shall be determined by the provisions of the International Constitution. ARTICLE 22 SAVINGS CLAUSE SECTION 1. The provisions of this Constitution relating to the payment of dues, assessments, fines or penalties, etc., shall not be construed as incorporating into any union-security contract those requirements for good standing membership which may be in'violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. However, all such financial obligations imposed by or. under this Constitution and Local Union Bylaws (and in conformity therewith) shall be legal obligations of the members upon whom imposed or enforceable in a court of law. The General Executive Board is authorized to adopt any plan or arrangement . relating to such requirements and obligations which may be imposed by applicable law. SECTION 2. If any provisions of these Bylaws shall be declared invalid or inoperative by any competent authority of the executive judicial, or administrative branch of federal or state government, the Local Union Executive Board shall. have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be-in .accord with the intent and purpose of the invalid provision. If any section or subsection of these Bylaws should be held invalid by operation or law or by any tribunal of competent jurisdiction, the remainder of these Bylaws or. the application of such section or subsection to persons or circumstances other than those to which it has been held invalid, shall not be affected thereby. I SECTION 3. Where used in these Bylaws, words in the masculine also shall .be read and construed as in the feminine in all cases. where such .construction would so apply ARTICLE 23 BYLAWS 30 LOCAL 315 BYLAWS (1) At the hour appointed, if a quorum be present, the President shall call the meeting to order and preside. In the absence of the President, the Vice-President shall preside. In the absence of both, the highest elective officer shall call the meeting to order when the Union shall elect a temporary presiding officer. (2) No member shall be allowed to leave the meeting while in session except by permission from the Chair or Vice-Chairman. (3) No elected officer may be removed from office, unless he has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. (4) Any member refusing to obey the Bylaws, Rules, Regulations and Order of this Union may be fined or suspended as the Union may determine. No such fine may be Imposed, unless the member. has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. (5) No member under the influence of intoxicating liquor shall be admitted to the meeting. (6) The President shall have the power to exclude from the meeting any member guilty of indecorous or unruly conduct, and to levy on any members fines for refusing to obey his orders. No such fine may be imposed, unless the member has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. (7) No subject except such as are strictly in the interests of Labor and the welfare of the sick Brothers shall be discussed at any meeting. ARTICLE 24. OBLIGATION Fellow worker, you now take an obligation that will bind you to the International Brotherhood of Teamsters, Chauffeurs, Warehousemen. and Helpers of America and this Local Union, and that will in no way conflict with your religious belief or your duties as a citizen: I, (give name) , pledge my honor to faithfully observe the Constitution and the laws of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and the Bylaws and laws of this Local- Union. I pledge that I will comply with all the rules and regulations for the government of the International Union and this Local Union. I will faithfully perform all the duties assigned to me to the best of my ability and skill. i i I will conduct myself at all times in a manner as not to bring reproach upon my Union. I shall take an affirmative part in the business and ,activities of the Union and 31 LOCAL. 315 BYLAWS accept and discharge my responsibilities during any authorized strike or lockout. I pledge not to divulge to non-members the private business of this Union, unless authorized to reveal the same. I will never knowingly harm a fellow member. I will never discriminate against a fellow worker on account of race, color, religion, sex, age or national origin. I will refrain from any conduct that would interfere with the Union's performance of its legal or contractual obligations. I will at all times bear true and faithful .allegiance to the International .Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and this Local Union ORDER OF BUSINESS 1. Opening. 2. Roll Call of Officers. 3. Reading of Minutes of Previous Meeting. 4. Communications. 5. Bills. 6. Reading of Monthly Report to Headquarters. This report must be. read on the first meeting night in each month and at once forwarded to Headquarters. 7. Report of Delegates and C matttees. 8. Unfinished Business. 9. New Business. 10. Nomination or Installation of Officers. 11. Good and Welfare of the Union 12. Adjournment. i RULES OF ORDER SECTION 1. The'President, while.presiding, shall state every question coming before the Local Union before suffering debate thereon, and immediately before putting it to a vote he shall ask: "Is the Union ready for the question?" Should no member rise to 32 LOCAL 315 BYLAWS =y e o speak and the Local Union indicates its readiness, he shall rise to put the question After he has risen, no member shall be permitted to speak upon it. SECTION 2. When the decision of the President is appealed from, he shall state his decision and the reason therefore, from the Chair. The party appealing shall then briefly state the reasons for the appeal, after which, without further debate, the questions shall be put thus "Shall the decision of the Chair stand as the judgment of this Union?" SECTION 3. Every member, while speaking, shall adhere to the question under debate, avoid all personality and indecorous language, as well as any reflection on the Union or any member thereof. SECI'ION 4. Any member, while speaking being called to order by another,. at the request of the Chair, shall cease speaking and be seated until the question of order is determined. SECTION 5. No member shall speak more than once on the same question until all of the members wishing to speak have had an opportunity to do so; nor more than twice without permission of- the Chair, nor more than ten minutes at one time. SECTION 6. All resolutions and motions, other than the first six, in Rule 8, to accept or adopt the report of the committee, shall be reduced to writing before the President shall state the same to the Union. SECTION 7. Any member may call for the division of a question when the sense will admit of it. SECTION & The following motions shall have precedence in the following order herein arranged: First, to adjourn, second, to close the debate; third, to take the previous question; fourth, to lie on the table; fifth, to postpone indefinitely; sixth, to postpone to a definite time, seventh, to refer, eighth, to amend. The first four shall be decided without debate. SECTION 9. The motion to close debate.may be made by two members, and shall be put in this form: "Shall the debate now close?" And, if adopted, the President shall proceed to take the question on the resolutions and amendments thereto, according to priority, without further debate. SECTION 10. The call for the previous question may be made by six members and shall be put in this form: "Shall the main question be now put?" If adopted, the effect shall be to take the question on the original resolution to the exclusion of all debate and all amendments which have not been adopted. SECTION 11. All votes, other than amendments to the Bylaws or Rules of Order,.may be considered at the same or next succeeding meeting upon a motion made and j seconded by two members who voted in the majority; provided the Union agrees thereto; but after a motion to reconsider has once been lost, it shall not be renewed. SECTION 12. No member shall enter or leave the Union meeting during the reading of the Minutes, admission of new members, installation of Officers, or the taking of a question of yeas and nays; and no member shall be allowed to leave the Union meeting 33 LOCAL 315 BYLAWS Ti I without the permission of the presiding officer, under penalty of twenty-five (25 Cent) fine. No such fine may assessed unless a member has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. SECTION 13. When a motion has been declared carried or lost by acclamation, any member, before the Union proceeds to other business, may call for a count, but the yeas and nays cannot be called unless demanded before the President rises to put the question SECTION 19, The yeas and nays may be. called for by two members and upon the assent of one-third of the members present shall be taken. SECTION 15. A motion to adjourn having been put and last shall not be in order again, provided there is further business before the Union, until fifteen (15) minutes have elapsed. SECTION 16. No subject of political or religious nature shall be at any time admitted, under a penalty of fifty cent (50 cent) fine, but subjects which affect the economic welfare of our members shall not be prohibited even though they are political in nature. No such fine may be assessed, unless the member has been afforded a full and fair hearing in compliance with Article XIX of the International Constitution. SECTION 17. All business done in the Union shall be strictly secret to all outside the Union. SECTION 1& (a) All and other proceedings in debate, not herein provided for, to be governed by Roberts' Rules of Order. (b) One tap of the gavel shall call to order, two taps to be seated; three taps to rise. The Bylaws herein are approved, however should any conflict arise between these Bylaws, or any provision thereof, the International Constitution shall prevail regardless of the present approval. Approved IBT by: Ron Carey, General President Dated: August 31, 1992 34 LOCAL 315 BYLAWS