BY-LAWS FOR AMALGAMATED LOCAL UNIONS

ARTICLE I

LOCAL 2006

 

This organization shall be known as United Steelworkers, Amalgamated Local

 

Union 2006 (hereinafter also referred to as “this Amalgamated Local Union,” or “the Amalgamated Local Union.”

 The name of this union is the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, hereinafter referred to as United Steelworkers or USW being composed of the former USWA 12005, PACE 7-0111, PACE 7-0018, PACE 7-0018-1, PACE 7-0018-2, PACE 7-0018-3 and Praxair.

 ARTICLE II

Objects

 

1)  To unite in this Local Union, regardless of race, creed, color, or nationality, all working men and working women who are members of the United Steelworkers of America (hereinafter referred to as the “International Union”) and who are within the jurisdiction of this Local Union.

 2)  To establish through collective bargaining adequate wage standards, shorter hours of work and improvements in the conditions of employment for workers in industry.

 3)  To engage in educational, legislative, political, civic, social, welfare, community and other activities; to advance and safeguard the economic security and social welfare of workers in industry, the International Union, its Local Unions and the free labor movements of the United States, Canada and the world; to protect and extend our democratic institutions and civil rights and liberties; and to perpetuate and extend the cherished traditions of democracy and social and economic justice in the United States, Canada and the world community.

 4)  To encourage the organization and affiliation of unorganized workers who, subject to the provisions of Article VII, Section 1 of the International Constitution, may be placed within the jurisdiction of this Local Union.

 5)  To take all steps and actions consistent with the Constitution and policies of the International Union, and these By-Laws, to implement and carry out the objects, rights, activities, and responsibilities of this organization and the International Union.

 6)  The Union shall be the exclusive representative of each member for the purpose of collective bargaining, and the negotiation and execution of collective bargaining agreements with employers.  The Union is irrevocably authorized and empowered by each member to present, negotiate and settle any and all grievances, complaints and disputes arising out of the relationship between the member and his/her employer.

 ARTICLE III

Eligibility

 Section 1.  All members in good standing of the International Union who are within the jurisdiction of this Local Union shall by virtue of such membership in the International Union, constitute the membership of this Local Union.

 Section 2.  Persons having supervisory power shall be eligible for membership subject to the terms established by the International Executive Board.

 Section 3.  No person shall be eligible for membership, or for nomination or election or appointment to, or to hold any office, or position, or to serve on any Committee in the International Union or in this Local Union or to serve as a delegate there from who is a member, consistent supporter, or who actively participates in the activities of the Communist Party, Ku Klux Klan, or of any fascist, totalitarian, or other subversive organization which opposes the democratic principles to which the United States and Canada and our Union are dedicated.

 This eligibility requirement shall be in addition to any other eligibility requirement imposed by any other Article or Section of the International Constitution or of these By-Laws.

ARTICLE IV

Election of Officers and Unit Positions

 Section 1(a).  The Officers of this Amalgamated Local Union shall be: President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Guide, two (2) Guards, and a minimum of three (3) Trustees with one trustee to be selected from each unit.

 1(a).  The Local Executive Board shall consist of the President, Vice President, Recording Secretary, Financial Secretary, Treasurer and Unit Presidents and Unit Grievers from each unit.

 1(b) In addition to the Local Union Officers identified in Section 1(a) of this Article, there shall be the following Unit positions: one (1) Unit President, one (1) Unit Secretary, and no less than one (1) Unit Griever.  A member may hold more than one of the positions referred to in this Section 1(b).

 Section 2.  No member shall at the same time be a candidate for or hold more than one of the offices names in Section 1(a) of this Article.

 Section 3(a).  Local Union Officers and Unit Officials shall be elected for a term of three years, at the least, meeting in April 2003 or on such day and/or at such other hours in April 2003 as the membership shall determine and which will enable all members who so desire to vote.  Election shall be by a plurality vote of the members in good standing participating in a secret ballot vote.  Those elected in April 2003 shall be installed at the first regular meeting in May 2003 and shall serve until their successors are elected and qualified, at which time all money, official records, and documents, and all property belonging to the Local Union shall be turned over to such successors.

 Section 3(b).  Persons occupying Unit positions shall be elected by a plurality vote of the members in their respective Units, who are in good standing, participating in a secret ballot vote.

 In any case in which only one eligible member has been nominated for a Local Union office or Unit position and that member has indicated acceptance of the nomination within the time limits and in the manner prescribed by the approved By-Laws or rules of the Local Union, no election need be held for that office or Unit position, and the member who has been so nominated shall be deemed elected.  An Officer or Unit Official who retires from an enterprise serviced by the Local Union shall not be permitted to continue in office.

 Section 4.  The date of the Local Union elections for Local Union Officers and Unit Positions must be advertised among members at least fifteen (15) days previous to the date of the election by mailing notice of the date, place and hours of the election to each member in good standing at the member’s last known home address.  The notice must also specify the Local Union offices and Unit positions to be filled.  Nominations for Local Union offices shall be made at the immediately preceding Local Union meeting.  However, where an Amalgamated Local Union holds two meetings in each month, nominations may be made at the last meeting in the month preceding the month in which the election is held.  Nominations for the Unit positions named in Section 1(b) of this Article shall be made at the immediately preceding meeting of each Unit unless some other date, time and place is selected by the Local Union Officers in consultation with the Unit officials.  Notice of the nominations meeting for Unit offices shall be given to the membership at least one (1) week in advance of the meeting.

 Section 5.  No member shall be eligible for election as a Local Union Officer in any regular election or election to fill a vacancy unless:

 (a)  The member shall have been in continuous good standing for a period of twenty-four (24) months immediately preceding the month in which the election is held; and

 (b) The member is employed in an enterprise, public or private, or other place within the jurisdiction of the Local Union; and

 (c)  The member shall have attended at least one-third (1/3) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the election is to be held.

 Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such member’s eligibility under this Section; provided, that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with the procedures specified in the Local Union Elections Manual.

 Section 6.  No member shall be eligible for election to a Unit position in any regular election or election to fill a vacancy unless:

 (a)  The member shall have been in continuous good standing for a period of twenty-four (24) months immediately preceding the month in which the election is held; and

 (b)  The member is employed in an enterprise, public or private, or other place within the jurisdiction of the Local Union; and

 (c)  The member has satisfied the Local Union meeting attendance requirements of Article VII, Section 10 of the International Constitution or, if unable to satisfy such Local Union meeting attendance requirements, must satisfy the Unit meeting attendance requirements by having attended at least one-third (1/3) of the regular meetings held by the member’s Unit during the twenty-four (24) month period immediately preceding the month in which the election is held.

 Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such member’s eligibility under this Section; provided, that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union elections Manual.

 Section 7.  Local Union and Unit elections shall be conducted in accordance with the provisions of the Local Union Elections Manual adopted by the International Union. 

 Section 8.  Stewards shall be elected for a term of two years in January 2006.  Results shall be forwarded to the Recording Secretary to be in effect at the February monthly meeting.

 Steward Elections will be held within individual occupations/work groups at each service center with no more than 1 steward per occupation/work group; except under special circumstances, and occupation/work group can apply to the Executive Board for approval to add an additional amount of stewards.

 The Unit President can combine occupations to be represented by 1 steward.

 Article V

Duties of Officers and Unit Positions

 Section 1.  Duties of President

 (a)  The President shall preside at all meetings of the Local Union and preserve order, and shall decide all questions of order, subject to an appeal to the Local Union.  The President shall have the right to vote at all elections of Officers, and when the members are equally divided on other questions, shall have the deciding vote.

 (b)  The President shall call special meetings by request of ten members in good standing of the Local Union.  This request shall be in writing, shall state clearly the purpose of the meeting and shall be signed by those making such request.  Notice of all special meetings must be given to the members of the Local Union by bulletin board posting or other reasonable means.  The business of the special meeting shall be confined to the subject for whom that meeting was called, and the meeting shall be conducted in accordance with the same procedures as govern regular meetings.  The above provision concerning the holding of a special meeting does not require the Chair at such meeting to entertain a motion to vote on a matter which was acted upon after notice at a previous meeting.  In the absence of a provision of the International Constitution of the Amalgamated Local Union By-Laws specifying the method of voting at such meeting the membership in attendance at such meeting shall determine the method of voting.

 (c)  The President shall enforce the provisions of the International Constitution and of these By-Laws and the policies and Manuals of the International Union, and shall appoint all committees not otherwise provided for and be ex officio member of all committees.  The President shall perform such other duties as the Local Union may assign.

 (d) (1)  In the event that a vacancy occurs in the office of Vice President, Recording Secretary, Financial Secretary, Treasurer, Guide, Guard or Trustee at any time during the term of office, the remaining Local Union Officers shall, by majority vote select a successor to serve for the remainder of that term.

 (d) (2)  The Local Union Officers may, at their discretion, hold an election to seek the guidance of the membership before selecting a successor to fill a vacancy in any of the offices described in (d) (1).  When this option is used, the President shall appoint a member of the Local Union to fill the vacancy until such election can be completed and a successor appointed to fill the vacancy.  The President shall call for a special election as promptly as possible but such election shall not be held later than two (2) months following the occurrence of the vacancy.  The date of the special election shall be advertised among the members at least one (1) week prior to that date.  Nominations shall be made at the immediately preceding meeting, the date of which shall also be advertised in advance among the members at least one (1) week prior to that date.

 (d) (3) Wherever a Local Union Officer (except President), because of receipt of an extended vacation benefit or otherwise, will be unable to serve during an extended temporary period, a temporary replacement will be designated as provided in sub-paragraph (d) (5) of this section.  The temporary replacement shall carry out all the duties of the office or post during such temporary period.

 (d) (4)  Where the temporary vacancy is in the office of the Local Union President, the Vice President shall assume the duties of the President including the authority to be one of the signatories to checks, and shall be known as “Temporary Acting President.”  When the temporary period has ended, the “Temporary Acting President” shall revert to the position of Vice President.

 (d) (5)  Where the temporary vacancy is in a Local Union Office (other than President), the Local Union Officers shall, by majority vote, select a “Temporary Acting” replacement.  Temporary Acting Treasurers and Financial Secretaries shall be authorized, during the temporary period of their service, to be signatories to checks.  A replacement shall serve only until the temporary period has ended.

 (d) (6)  In the event of a vacancy among the 11 Officers, none of the remaining Officers wither alone or acting together may perform the functions of the vacant office but rather the vacancy must be filled in accordance with the provisions set forth above.

 (d) (7)  In the event a vacancy (other than a temporary vacancy) occurs at any time in a Unit position, the remaining Unit officials {not including Units Griever(s)} together with the Local Union Officers, shall, by majority vote, select a successor to serve the remainder of the term; provided, however, that the member so selected shall be from among the members within the Unit in which the vacancy occurs.

 (d) (8)  Where a temporary vacancy occurs in a Unit position, a “Temporary Acting” replacement shall be selected by a majority vote of the Unit President, the Unit Secretary and the Local Union Officers.

 Section 2.  Duties of the Vice President

 The Vice President shall assist the President in the discharge of the President’s duties and during the President’s absence shall perform the duties of the President.  In the event that a vacancy occurs in the office of President, the Vice President shall act as President for the unexpired term.

 Section 3.  Duties of Recording Secretary.

 (a)  The Recording Secretary shall record the proceedings of the Local Union in a book (or by any other technological means) kept for that purpose, read all papers and perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the International Union, and the Local Union.  The Recording Secretary shall also have custody of the Local Union Seal, and shall be responsible for any misuse of same.

 (b)  The Recording Secretary shall read to the Local Union communications which require attention.

 Section 4.  Duties of Financial Secretary.

 (a)  The Financial Secretary shall receive all money due the Local Union and pay the same to the Treasurer, from whom the Financial Secretary shall take a receipt.  The Financial Secretary shall also keep accurately the accounts of the Local Union with its members, and shall at all times have the books open for examination by the Trustees, and perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and polices of the International Union, and the Local Union.  The Financial Secretary shall make out the various reports required by the International Secretary-Treasurer and forward such reports to the International Secretary-Treasurer in accordance with the instructions. 

 (b)  Should it be proved that the Financial Secretary has failed to report monthly the full membership of the Local Union as provided for in the report to the International Secretary-Treasurer and transmit the full amount of initiation fees and dues, the Financial Secretary shall be suspended from all privileges and benefits until the deficiency is made good, and shall be liable to the International Union for the full amount unpaid.

 (c)  The Financial Secretary shall keep a record of all transfer request forms issued and received.

 (d)  The Financial Secretary’s accounts shall be subject at all times to audit by the International Secretary-Treasurer. 

 (e)  The Financial Secretary shall make a detailed financial report at least once each month at the Local Union meeting covering the receipts and expenditures of all funds of the Local Union.  If the expenses of the Local Union exceed its current income or impair its reserves, the Financial Secretary is obliged to call this fact to the attention of the membership.

 Section 5.  Duties of the Treasurer.

 (a)  The Treasurer shall receive from the Financial Secretary all money collected by the Financial Secretary and shall deposit all money belonging to the Local Union in a bank designated by it.  All initiation fees and dues shall be deposited in a separate bank account to be designated as a trust fund for the International Union.  The Treasurer shall cause to be issued to the Financial Secretary a receipt for all money turned over to the Treasurer or deposited to the Treasurer’s credit in the regular bank account.  The Treasurer shall issue a separate receipt for the amount of money turned over at any time or for such deposit made, and shall sign all checks and have them countersigned by the President and the Financial Secretary.

 (b)  The Treasurer shall keep regular and correct accounts of all money received and paid by the Treasurer, and report at each meeting the balance of cash shown by the last report, the amount received since, the total checks issued and authorized, and the balance remaining.  The Treasurer’s accounts shall be open for examination by the Trustees at any time when called upon.  The Treasurer’s books shall be subject at all times to audit by the International Secretary-Treasurer of the United Steelworkers of America.  The Treasurer shall perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the International Union, and the Local Union.

 (c)  All money paid out by the Local Union from its treasury must be approved by the members at a Local Union meeting.  Under no circumstances shall Officers or members pay bills without authorization by a Local Union meeting, nor shall the members authorize payment of any bill or incur any obligation for which funds are unavailable, nor shall the members authorize the payment of or incur a debt for any activity not in accordance with the Constitution and policies of the International Union and these By-Laws.  Bills charged to the Local Union shall be submitted to the Recording Secretary, who in turn shall submit them to the Local Union meeting for approval.

 (d)  Recurring standard bills (fixed salaries which have been previously authorized, taxes – local, state, and federal – rent, light, heat, etc.) may be paid by the Treasurer on a single authorization by the Local Union to pay such bills when due.

 (e)  Under no circumstances shall any of the dues collected by the Local Union be spent before being sent to the International Secretary-Treasurer.

 Section 6.  Duties of Guide.

 It shall be the duty of the Guide to see that all present are entitled to remain.

 Section 7.  Duties of Guards.

 It shall be the duty of the Guards to take charge of the door and see that no one enters who is not entitled to do so.

 Section 8.  Duties of the Trustees.

 It shall be the duty of the Trustees to have charge of the hall and all property of the Local Union, subject to the direction of the Local Union.  They shall audit the books and financial records of the Local Union every three months and give a report of such audit at the next regular Local Union meeting.  They shall perform such other duties as the Local Union may require.

 Section 9.  Duties of Unit Positions.

 (a)  Unit President.  It shall be the duty of the Unit President to preside at all meetings of the Unit; to decide all questions of order, subject to appeal to the Local Union; and, consistent with the provisions of these By-Laws and the Manuals, policies and Constitution of the International Union, to perform such other duties as the Unit or the Local Union may assign.  The Unit President shall be an ex-officio member of all committees in his/her Unit, and shall appoint all committees within the Unit not otherwise provided for.

 (b)  Unit Secretary.  It shall be the duty of the Unit Secretary to record the attendance and the proceedings of the Unit in books (or by any other technological means) kept for that purpose, to read all papers and to perform such other duties, consistent with these By-Laws and the Manuals, policies and Constitution of the International Union, as the Unit or the Local Union may assign.

 (c)  Unit Griever(s).  It shall be the duty of the Unit Griever(s) to process complaints and grievances, within their respective Units and in accordance with the appropriate collective bargaining agreement and, consistent with these By-Laws and the Manuals, policies and Constitution of the International Union to perform such other duties as the Unit of the Local Union may assign.  The Unit Griever shall handle second step and all other appropriate steps up to and including arbitration.  The Unit Griever shall be responsible for keeping records of grievances, will give verbal Grievance and Complaint Report at the unit meeting, and forward written originals to the Unit Secretary for forwarding to the Local Recording Secretary for permanent record keeping. 

 (d)  Unit Stewards.  The stewards shall monitor the contract for compliance.  They will investigate complaints, and prepare and process grievances of contract violations.  A Steward may accompany the Unit Griever, if requested by the Unit Griever, through all appropriate steps of the Grievance process.  Stewards shall be vested with the responsibility of securing applications and enrollments of new members within their respected jurisdiction.  It shall be the duty and responsibility of Stewards to protect the interest of the membership and the Local Union in their jurisdiction.  They shall encourage participation in activities of the Local Union and attendance at the Local Union Meetings.  The Stewards shall report monthly with a written report to the Unit Griever prior to the next unit meeting.

 Section 10.

 The Local Union shall enforce the International Constitution, the various International Manuals and policies, and these By-Laws, as affecting its membership.

 The funds and property of the Local Union shall be managed, invested, expended or otherwise used to implement and carry out the objects, rights, activities, and responsibilities of the Local Union or the International Union, and to administer the affairs of the Local Union, in accordance with the Constitution, Manuals and policies of the International Union and these By-Laws. 

 Section 11.

 It shall be the duty of the President, Financial Secretary and Treasurer to insure that the funds and property of the Local Union are preserved, managed, invested and expended in accordance with the International Constitution, Manuals and policies and these By-Laws.

 Section 12.  Duties of the Executive Board.

 The Executive Board shall govern the Local between meetings of the Local and shall exercise general supervision over its business and affairs.  It shall have the power, subject to the approval of the Local and the provisions of the International Constitution, to invest funds and properties of the Local, to authorize the expenditures of the Local or the use of the property of the Local for the effectuation of any of its objects, to borrow money and to pledge any property or securities of the Local as security thereof.  They can buy, sell, exchange, rent, lease or otherwise acquire or dispose of real or personal property.

 In addition, the Executive Board shall be vested with the powers as outlined in Article XIV and any other applicable provisions of these by-laws not inconsistent with the policies and Constitution of the International Union.

 The Executive Board shall have such powers as are necessary and appropriate to effectuate the purposes of the Local, including the establishment of committees or appointing positions, or both, so long as such is not inconsistent with any other provision of these by-laws or the International Constitution.  It shall present a report of its activities to each meeting of the Local for its approval.

 It shall be the duty of the Executive board to cause the provisions of the International Constitution, and the By-Laws, rules and regulations of this Local to be faithfully executed; and to preserve, promote and safeguard the best interests and general welfare of the International, this Local and the members.  The Executive Board may adopt such rules and regulations not in conflict with the International Constitution and the By-Laws as it may deem necessary and advisable.

 The Executive Board shall have the power to determine that nay decision affecting a limited group of members within the Local (including but not limited to, the election of shop and departmental stewards, and questions regarding the application of a collective bargaining agreement to a particular shop, plant, department or group) shall be made by the members directly affected. 

 ARTICLE VI

Compensation for Services

 Section 1. Salaries and expenses for Officers and employees of this Amalgamated Local Union shall be as follows.

 President  $400.00 per month

Vice-president  $225.00 per month

Recording Secretary  $225.00 per month

Financial Secretary  $300.00 per month

Treasurer  $200.00 per month

Guide  $20.00 per month

Guards (2)  $20.00 per month

Trustees (3)  $25.00 per month

Praxair  $150.00 per month

Unit President  $125.00 per month

Unit Secretary  $50.00 per month

Unit Griever  $100.00 per month

 *Meeting Incentives

Stewards  $25.00 per meeting*

 Section 2.  All tax requirements in connection with the above payments shall be complied with.

 Section 3.  Pursuant to voluntary authorization of dues deductions, the Financial Secretary shall be responsible for establishing a procedure to deduct from the Union pay of Local Union Officers, Unit Officials, and/or representatives monthly dues which are not deducted by the company in any given month. 

 ARTICLE VII

Meetings

 Section 1.  The Local Union shall hold a general membership meeting at least once every month, except that a Local Union may, with the approval of the membership and the District Director, hold meetings less often, but in no event less than quarterly.

 Section 2.  Local meetings will be held the second Wednesday of each month.  Unit meeting dates will be determined by each unit.  Meeting schedules for the year shall be posted.

 Section 3.  Each Unit of this Amalgamated Local Union may hold regularly scheduled membership meetings.

 Section 4.  Any Officer of this Local Union and any Officer or authorized representative of the International Union may attend to report to any Unit meeting.

 ARTICLE VIII

Membership

 Section 1.  No applicant for membership shall be regarded as being a member in good standing until the full amount of initiation fee has been paid.

 Section 2.  A member shall pay dues promptly commencing with the month during which the member shall have been admitted, and shall continue to pay all dues, assessments and fines or other obligations promptly when due in order to be and remain in good standing.

 Section 3.  A member who has not lost good standing under other provisions of the International Constitution shall be in good standing if not more than three (3) months in arrears in any constitutional obligations, except in respect to assessments on which the member shall be not more than one (1) month in arrears.

 Section 4.  Members who lose good standing shall stand automatically expelled and devoid of all membership rights, and shall not be reinstated in good standing except upon such terms at the Local Union and the International Executive Board may decide.

 Section 5.  Any member who retains employee status in a bargaining unit represented by the International Union but who because of layoff has not, for twenty-four (24) continuous months, performed at least five (5) days work in any month in such bargaining unit shall be deemed not in good standing (but not expelled) and devoid of all membership rights until such time as the member is recalled or obtains employment in a bargaining unit represented by the International Union and resumes payment of current dues, at which time the member shall automatically be restored to good standing.  No Local Union Officer shall lose good standing under this Section for the remainder of term in office.

 Section 6.  A member not in good standing shall not be permitted to vote, nominate for office, hold office, or be a candidate for office.

 Section 7.  A member whose membership is terminated shall have no right or interest in any property of the Local Union or of the International Union, including any dues, assessments or other financial obligations paid by such member in advance of the effective date of such termination.

ARTICLE IX

Discipline

 Section 1.  Any member may be penalized for committing any of or more of the following offenses: (a) violation of any of the provisions of the International Constitution or of these By-Laws, any collective bargaining agreement, or rule of the Local Union; (b) obtaining membership through fraudulent means or by misrepresentation; (c) instituting, or urging, or advocating that a member of any Local Union institute action outside the Union against the International Union, Local Union or any of their Officers without first exhausting all remedies through the forms of appeal of the International Union; (d) advocating or attempting to bring about the withdrawal from the International Union of any Local Union or any member or group of members; (e) publishing or circulating among the membership false reports or misrepresentations; (f) working in the interest of or accepting membership in any organization dual to the International Union; (g) slandering or willfully wronging a member of the International Union; (h) using abusive language or disturbing the peace or harmony of any meeting in or around any office or meeting place of the International Union; (i) fraudulently receiving any money due the organization or misappropriating the monies of the organization; (j) using the name of the Local Union or the International Union for soliciting funds, advertising, etc. of any kind without the consent of the appropriate body or Officer of the International Union; (k) furnishing a complete or partial list of membership of the International Union or of any Local Union to any person or persons other than those whose official position entitles them to have such a list; (1) deliberately interfering with any official of the International Union in the discharge of that official’s duties; (m) deliberately engaging in conduct in violation of the responsibility of members toward the organization as an institution; and (n) deliberately interfering with the performance of the organization’s legal or contractual obligations.

 Section 2.  Any member convicted of any one or more of the above offenses may be denied the right to be a candidate for or hold office or position in the Union, declared a member not in good standing, fined or otherwise appropriately disciplined.

 Section 3.  If any Officer of the Local Union, Unit official, or delegate to an International Convention, is convicted of any one or more of the above-names offenses, such person may be penalized as described above, and removed from office or position.

 ARTICLE X

Trials of Members and Local Union Officers

 Section 1.  Any charges against a member of Officer of the Local Union must be made in writing, signed by the member making the charges, and must be submitted to the Local Union.  Upon submission of the charges, the Recording Secretary shall send a copy by certified or registered mail to the accused member at the member’s last known address. 

The charges shall be sufficiently specific so as to enable the accused to prepare a defense.  This means that the charges should indicate both the provision(s) of the Constitution or the Union’s other rules allegedly violated and also a brief statement of the facts (names, dates, places) constituting that violation.  If there is more than one charging party, they must designate a person to be responsible for receiving and filing documents related to the charges.  Where the charges fail to designate such person, then the first charging member named in the charge shall be considered the representative of the others.

 Section 2.  Charges must be submitted within sixty (60) days of the time the complainant becomes aware of the alleged offense.

 Section 3.  A separate Trial Committee composed of five (5) members shall be appointed by the President subject to the approval of the Local Union membership for each individual trial, and shall be given the responsibility of conducting such trial provided that in the case of multiple related charges the same Trial Committee may be appointed to try all such charges and may consolidate them into one hearing.  Neither the accuser nor the accused shall be eligible for membership on the Trial Committee.  If the accused member or the accuser is an Officer of the Local Union, such person shall not participate in the designation of the membership of the Trial Committee.  No one shall be eligible to serve as a member of the Trial Committee who is a witness to the facts alleged to constitute a violation or who has personal interest in the outcome of the Trial.

The Local Union action approving the appointment of the Trial Committee shall take place at the first meeting after the Local Union receives the charges unless that charges are received by the Local Union within five (5) days before the meeting in which event the Local Union action shall take place at the meeting following the first meeting after the Local Union receives the charges.

 Section 4.  Immediately after the Trial Committee has been selected by the Local Union pursuant to Section 3 of this Article, the Recording Secretary of the Local Union shall send by certified mail or registered mail to the accused member at the member’s last known address written notice of the time and place the hearing will be held before the Trial Committee, a copy of such written notification of time and place shall also be sent to the member preferring the charges; and the accused member shall appear before the Trial Committee on said charges.  A copy of the charge and notice of hearing shall also be sent to the International Secretary-Treasurer of the International Union by the Recording Secretary.

 Section 5.  The hearing shall be held no sooner than two (2) weeks and no later than four (4) weeks from the date of the mailing of the notice and the charges to the accused member.

 Section 6.  Every effort shall be made to schedule the Trial so that it does not conflict with the working schedules of the parties.  The hearing shall be conducted by the Trial Committee in an orderly manner and shall assure the full presentation to the Committee of all the facts.  The accused shall be entitled to be present at all times during the hearing, investigation or argument of the case and shall be entitled to question all witnesses appearing in the matter so long as the questioning does not become insulting, unduly argumentative or repetitious.  In the event that the accused fails to appear at the hearing at the time and place provided in the notice and presents no reasonable excuse for absence, the hearing shall proceed with the same force and effect as if the accused were present. 

 Section 7.  The Trial Committee shall record minutes of its meetings and proceedings, and these minutes, together with any documents submitted, shall constitute the official record of the Trial Committee.

Section 8.  A member placed on trial shall be permitted representation by a representative of the member’s own choice, who shall be a member of the International Union; such representative, however, shall be required to abide by the trial procedure as established by the Trial Committee and as provided in these By-Laws.  The same procedure shall be available to the person filing the charges.

 Section 9.  The Trial Committee, upon completion of the hearing upon the evidence and argument, shall go into closed session to determine the verdict and penalty.  The Trial Committee shall prepare a report in writing, stating the facts briefly as if found them, and its conclusions and recommendations.  A majority vote of the members of the Trial Committee shall be required to find the accused guilty.

 Section 10.  In case the accused is found guilty, the Trial Committee may recommend that the accused be reprimanded; assessed a fine; assessed a fine with automatic suspension and removal from office or position or expulsion in the event of the failure of the accused to pay the fine within a specified time; suspended or removed from office or position in the Local Union; or suspended or expelled from membership in the International Union; or otherwise appropriately disciplined.

 Section 11.  The Trial Committee shall submit its written report to the Local Union within two (2) weeks following the completion of the hearing.  At the same time a copy of the report shall be mailed to the International Secretary-Treasurer of the International Union and to the accuser and the accused by the Trial Committee.

 Section 12.  The Local Union Officers may convene a special meeting of the membership to consider the report of the Trial Committee.  In such event the notice of the membership meeting shall inform the members that the report of the Trial Committee will be presented at such special meeting.  Notice of such special meeting must also be given to the accused member(s) and accuser(s).

 Section 13.  In the even the report of the Trial Committee is to be presented to the next regular meeting of the Local Union, the membership must be advised by special notice that the report of the Trial Committee will be considered at such regular meeting.

 Section 14.  The meeting at which the report of the Trial Committee shall be considered shall not be held earlier than one week or later than four weeks following the submission of the report of the Trial Committee to the Local Union.

 Section 15.  At the meeting of the Local Union, the Trial Committee shall present its written report.  The report of the Trial Committee shall become effective only upon approval by a majority vote of the members present at the Local Union meeting.  The Local Union meeting may approve or reject the report of the Trial Committee, modify the report in any respect, or order a new trial.

 Section 16.  The accused member shall be afforded the full opportunity to present to the Local Union meeting the accused member’s position on all matters bearing upon the trial and the report of the Trial Committee.

 Section 17.  A report of the Local Union’s decision shall be forwarded immediately to the International Secretary-Treasurer of the International Union by the Recording Secretary.

 Section 18.  A copy of the decision of the Local Union shall be forwarded by the Recording Secretary using certified or registered mail to the accused member and to the person who originally filed the charges.  The accused or the accuser may appeal from the decision of the Local Union to the International Executive Board and thereafter to the next regular International Convention, provided that such person files notice of appeal with the International Secretary-Treasurer within thirty days after the mailing of the notice of the decision of the Local Union or the International Executive Board from which the appeal is taken.  On appeals, the International Executive Board or such body as it designates – either itself or through a Commission or other mechanism – affords all parties the opportunity to present all arguments and facts whether or not presented in the proceedings at the Local Union level.  Decisions on such appeals are based on the evidence presented in the appeal.  The International Executive Board shall not, in making its decision, be limited to the arguments or testimony presented at the earlier stages in the proceedings and shall be permitted to cure by its appeal proceedings procedural defects which may have occurred at earlier stages in the proceedings.

 Section 19.  The decisions of the Local Union and of the International Executive Board shall be given full force and effect unless a stay thereof is obtained from the International Executive Board.

 Section 20.  It shall be the duty of a member to exhaust all internal remedies and appeals provided under the Constitution and policies of the International Union and these By-Laws.

 ARTICLE XI

Notification of Employers Regarding Status of Members

 Section 1.  Whenever a member has lost good standing by virtue of having become in arrears in the payment of dues or initiation fees, and the Local Union desires to have such person discharged from employment in accordance with the provisions of the outstanding collective bargaining agreement with the employer, the Local Union shall communicate with the International Secretary-Treasurer, setting forth the facts.

 Section 2.  The International Secretary-Treasurer will determine whether the employer should be notified that in accordance with the provisions of the contract the particular person must be discharged.  The Local Union shall refrain from communicating with the employer until advised by the International Secretary-Treasurer as to the procedure to be followed on requesting the discharge.

ARTICLE XII

Finances

 Section 1 (a).  The initiation fee shall be fifty ($50.00) for all units of this amalgamated local except as modified below.

(b) Initiation fees for Summer Help will be ten ($10.00) and will be waived for all subsequent years of employment provided they have paid the fee in a previous year.

(c) Initiation fees may be waived for other unions in accordance with International Policy.

 Section 2.  Monthly dues for a member shall be an amount equal to 1.3% *1.45% of said member’s total earnings during the month provided that monthly dues shall not be less than five dollars ($5.00) and provided further that monthly dues shall not be more than 2.5 *2.8 times the member’s average hourly earnings.  For lump sum payments dues shall be calculated separately by applying the 1.3% *1.45% to such payments.  The international Executive Board shall issue appropriate interpretive rulings.

 Section 2 (a).  Dues for former PACE Locals will be in accordance with the Merger Agreement between PACE and USWA. * By-laws have been updated to reflect the dues agreement according to the PACE and USWA merger.  These changes took effect 1/1/2011. *

 Section 3.  The full amount of all dues and initiation fees and assessments collected by the Local Union shall be deposited by the appropriate Officers of the Local Union in a bank account designated as a trust fund held for the International Union.  The Officers of the Local Union shall forward to the International Secretary-Treasurer, within fifteen (15) days after the close of any month, the full amount of dues and initiation fees and assessments collected by the Local Union.

 Section 4.  Compulsory assessments may not be imposed by the Local Union unless approval has first been secured from the International Union and unless agreed to by a two-thirds (2/3) majority vote of the membership of the Local Union, voting by secret ballot after prior notice to the membership.  At no time shall the Local Union assessment exceed two dollars ($2.00) per member in any one year. 

 Section 5.  An individual member shall be entitled to exoneration from the payment of dues for any month for which the member has not become entitled to five (5) days’ pay or its equivalent in wages and benefits in lieu of wages.  The International Executive Board shall adopt rules and regulations governing the implementation, application and administration of this Section.

 Section 6.  In all cases, other than the one provided in Section 5 of the Article, where the Local Union desires exoneration from the payment of dues or initiation fees for certain of its members, the request for exoneration must be signed by the Local Union President, the Local Union Financial Secretary and the Local Union Recording Secretary, and approved by the District Director and the International Secretary-Treasurer.

 Section 7.  When exoneration is granted, the request on the required report must be renewed each month.

 Section 8.  The Local Union President, Financial Secretary, and Treasurer shall be bonded in amounts to be determined by the International Executive Board.  Such bonds shall be obtained by the International Secretary-Treasurer.  Clerks employed by the Local Union and handling finances in any way must be bonded by the Local Union through arrangement with the International Secretary –Treasurer.

 Section 9.  Effective January 1, 1999, an Organizing Fund has been created that will be funded and administered as outlined in Article XIV, Section 16 of the International Constitution.

 Section 10.  Expenses: Individuals on Union Business will be reimbursed in accordance with the current permissible limits established by the International Union.  Officers, Stewards and members on official union business shall be reimbursed for reasonable expenses above the allowable maximums if accompanied by a receipt and a written justification for the reasonableness of such expenses.

 Section 11.  Miscellaneous Expenses: 

(a) All hall rents, postage, printing and other expenses incurred in the conducting of official Union business shall be paid.

(b)  No member shall receive any benefits outlined unless he or she remains a member in good standing.

 ARTICLE XIII

Delegates to International Convention

 Section 1.  No member shall be eligible to be a delegate to an International Convention unless the member:

(a) is employed in an enterprise, public or private, or any other place within the jurisdiction of the International Union or is one of the staff of representatives of the International Union;

(b) shall have been in continuous good standing for a period of twenty-four (24) months immediately preceding the International Convention; and

(c) has attended at least one-third (1/3) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the delegate election is to be held.  Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such member’s eligibility under this Section; provided, that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union Elections Manual.

 Section 2.  Delegates to the International Convention must be elected at an official meeting of the Local Union or by referendum ballot election, after the Call for the International Convention is received and has been read to the Local Union.  The Recording Secretary shall issue a Notice, signed by both the Recording Secretary and the Local Union President, at least one week prior to such meeting or election, stating that delegates are to be elected on a certain day.

 Section 3.  The Local Union may choose to have the Local Union President, if nominated at the official meeting, elected separately as a delegate by acclamation.  In such event, the President shall be a delegate if approved by a majority of the members voting.  Otherwise, the delegates to be selected from among the nominees must receive a plurality vote of the members voting.

 Section 4.  Amalgamated locals may elect delegates by unit, which is an alternative method in the USW Constitution.  All delegate positions will be elected in accordance with the Constitution.

 ARTICLE XIV

Workers’ Compensation Committee,

Safety & Health Committee,

Civil Rights Committee,

Organizing Committee,

Collective Bargaining Committee,

USW School for Workers,

And Governmental Affairs Committee

 Section 1.  A Workers’ Compensation Committee and Safety and Health Committee, under the direction of the International Union or its designated representative, shall be established in the Local Union.  Additional Committees may be established for other purposes not inconsistent with these By-Laws.

 Section 2.  A Civil Rights Committee, under the direction of the International Union or its designated representative, shall be established in the Local Union to implement our Union’s commitment to the protection and extension of civil rights and liberties.

 Section 3.  An Organizing Committee under the direction of the International Union or its designated representatives shall be established in the Local Union to assist in organizing unorganized workers in the geographic area in which the Local Union is situated.

 Section 4.   In order to encourage the organization and affiliation of unorganized workers who may be placed within the jurisdiction of this Amalgamated Local Union, this Amalgamated Local Union may engage in organizing activity upon the express authorization of the Director of the District in which this Local Union is situated and subject to such terms and conditions as the District Director and the International President may impose.

 Section 4(a).  A collective bargaining committee shall be established for the purposes of advancing the interests of the membership of this local union and the units of this local union through the collective bargaining process with the company.  The units within this local union shall establish the membership of a collective bargaining committee at least 90 days prior to the expiration of the unit’s labor agreement in accordance with one of the following two options:

Option One Membership:  Local Union President, Local Union Vice President, Local Union Recording Secretary, Unit President, Unit Griever, and Unit Secretary.

Option Two Membership:  Local Union President, Local Union Vice President, Local Union Recording Secretary, Unit President, Unit Griever, and a Member-at-Large.  The Member-at-Large shall be nominated and elected in a manner not inconsistent with the By-Laws of this local union or the By-Laws or local union election requirements of the International.

4 (b) Upon the establishment of a collective bargaining committee, the Executive Board shall establish certain committees at least 60 days prior to the expiration of the unit’s contract.  The established committees shall be composed of individuals appointed by the Executive Board.  The number of individuals shall be at the discretion of the Executive Board and shall be of sufficient number to effectuate the purposes of the committees.  Additional committees may be established for other purposes not committees so established shall terminate or continue their existence upon ratification of a new contract at the discretion of the Executive Board.  Some overlapping membership between the collective bargaining committee, the strike committee, and the media relations committee will help avoid mistakes.  These committees are:

1. Strike Committee:  A strike committee shall be established.  The functions of the strike committee shall include but not be limited to: organizing picketing and leaflet campaigns; making regular appearances at strike headquarters to meet with members needing help; coordinating with other union s for support; maintaining contact with the international to apply for strike benefits and distributing funds; to located temporary and part-time jobs for strikers; to liaison with community groups, agencies, lending institutions, merchants, and other organizations on behalf of members needing help; and to help in collecting food and clothing for strikers needing assistance.

2. Media Relations Committee:  A media relations committee shall be established.  The functions of the media relations committee shall include but not be limited to: contacting the local press, television, and radio stations to educate the public about the progress of bargaining with the company in order to advance the cause of the union; to prepare press releases with the approval of the Executive Board; and to make all the necessary arrangements for any press conferences.

Section 5.  USW School for Workers

The local may send members to the USW School for Workers.  Members will be chosen by the Local Union President and confirmed by Local Membership.  Members that have not completed the entire course will have preference over members who have not started the course.  Normally this is a 4-year program.

Section 6.  Governmental Affairs Committee

A Legislative committee shall be appointed by the Local Union President to represent the Local in all matters pertaining to, or a party to, Rules, Regulations, Laws, Hearings, Legislative and Political and Governmental Forums such as Public Service Commission, Senate, House of Representatives both State of Wisconsin and United States Federal Government.

ARTICLE XV

Transfer Certificates

 Section 1.  The Local Union may issue to a member in good standing a “transfer request” transferring membership to another Local Union.  All transfer request forms must be obtained from the International Secretary-Treasurer by the Local Union Financial Secretary.

 Section 2.  All members must immediately transfer to the Local Union having jurisdiction over the enterprise, public or private, at which they are employed.

 Section 3.  Transfer requests issued in violation of this Article shall be invalid.

 ARTICLE XVI

Strikes

 No strike shall be called without the approval of the International President.

 ARTICLE XVII

Order of Business for Local Union Meetings

 1. Call meeting to order.

2. Roll call of Officers – by Recording Secretary.

3. Reading of the minutes of the previous meeting.

4. Reading of Communications.

5. Report of Officers.

6. Report of Organizer or International Representative.

7. Initiation of New Members.

8. Report of Special Committees.

9. Reports of Standing (or Permanent) Committees

10. Unfinished Business.

11. New Business.

12. Good and Welfare.

13. Adjournment

 ARTICLE XVIII

Effective Date

 Section 1.  The provisions of these By-Laws which conform, as required, with the provisions of the standard By-Laws approved by the International Union are automatically in full force and effect.  Any additions or amendments to additions to such standard By-Laws shall be in full force and effect after their adoption by vote at a regular meeting of the Local Union in accordance with the form and procedure provided for in Article XIX, and approval by the International Union.

 Section 2.  Notwithstanding anything to the contrary herein, these By-Laws and any additions or amendments to additions thereto shall be subject to, and shall not in any way be construed to supersede any of the provisions of the International Constitution or the Manuals and policies of the International Union.

 ARTICLE XIX

Additions and Amendments to Additions

 Additions and Amendments to additions may be made in the following manner:

 1.  Any addition or any amendment to an addition to the standard By-Laws approved by the International Union must be in the form of either a new Subsection under the proper Section, a new Section under the proper Article, or a new Article.

 2.  All additions and amendments to additions to the standard By-Laws must not conflict with such standard By-Laws and must be submitted to the International Union for approval.  Such additions shall become effective only after approval by the International Union.

 3.  Proposed additions or amendments to additions must be submitted in writing and read at two (2) consecutive Local Union meetings, and passed by a two-thirds (2/3) majority vote of the membership present at the next regular meeting.  The subject matter of such additions or amendments to additions must be advertised to the membership through bulletin board or other medium prior to the meeting at which the vote thereon is to be taken.  Such additions or amendments to additions shall become effective only after approval by the International Union.