THE LOCAL 82130 BY-LAWS

AS REVISED:  JANUARY 26, 2008

 

CONSTITUTION OF LOCAL 82130

INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED

MACHINE & FURNITURE WORKERS/COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, AFL-CIO, CLC.

 

PREAMBLE

 

                  We, members of the International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers/Communications Workers of America, AFL-CIO, CLC, Local 82130 realize that the struggle to better our working and living conditions is in vain unless we are united to protect ourselves collectively against the organized forces of the employers.

 

                  Realizing that the old craft form of trade union organization is unable to defend effectively the interest  and improve the condition of the wage earners,  we members of the International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers/Communications Workers of America, AFL-CIO, CLC, Local 82130, form a local union which unites all workers in our industry basis, rank and file control, regardless of craft, age, sex, nationality, race or creed and pursue at all times a policy of aggressive struggle to improve our conditions.

 

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

 

ARTICLE 1

 

                This organization shall be known as the International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers, /Communications Workers of America, AFL-CIO, CLC, Local 82130.  It may also be referred to briefly as IUE/CWA Local 82130.  It is sometimes referred to herein as Local.  The International is sometimes referred to herein as Union.

 

ARTICLE 2

AFFILIATIONS

 

            Local 130 shall be affiliated with (a) the International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers/Communications Workers of America, AFL-CIO, CLC, Local 82130 and any other organization that may be approved by the Local Union.

 

 

 

ARTICLE 3

OBJECTS AND PURPOSES

 

            Section 1.  The objects and purposes of this local union are to represent, protect, maintain and advance the interests of the workers within its jurisdiction, to improve their wages, hours and conditions of employment, to engage in legislative, political, educational, civic welfare and other activities which further, directly or indirectly, the interests of the membership of this organization, of  IUE/CWA  and of workers everywhere, in the improvement of general economic and social conditions in the United States of America, Canada and generally in the nations of the world.

 

            Section 2.   To achieve the objectives and purposes of this organization, the funds of this organization are authorized to be managed, invested, expended or used not only for the purposes and objectives expressly set forth in Section 1 of this Article, and otherwise in this Constitution, but also for any additional purposes and objectives not inconsistent therewith as may be contained at any time in the resolutions and programs adopted and/or ratified by conventions of the IUE/CWA Executive Board or by the membership of this Local.

 

 

ARTICLE 4

OFFICERS

 

            Section 1.  Effective January 1, 1991 officers shall be elected by ballot no later than October 31st, every three (3) years to take office November 1st.  Officers elected shall hold office for a term of three (3) years unless removed for cause or by their successors being elected to office.

 

            The elected officers of this Local Union shall be the President, one (1) Vice President from Northrop Grumman and one (1) Plant Representative from Hagerstown Facility,  a Secretary-Treasurer,  Recording Secretary,  three (3) Trustees,  Sergeant-At-Arms, and three (3)  Executive Board Members,  two (2) from Northrop Grumman  and one (1) from Hagerstown.   The term of all elected officers shall be for three (3) years.

 

[A]   No person shall be eligible to hold an elective office or appointed position in this Local who has been convicted of any crimes involving moral turpitude offensive to trade union morality, or who is commonly known to be a crook or racketeer preying on the labor movement.  Determination of ineligibility under this section may be made only on the basis of charges filed and heard in accordance with the regular trial procedures of the Local.   The trial body is empowered to consider any extenuating circumstances in determining eligibility of the person charged.

 

 

 

[B]   No person shall be eligible to hold elective office or appointed position in the Local who is disqualified for such position by applicable federal law.

 

[C]   Any elected officer that misses four (4) or more Executive Board, Local General Council, or Membership meeting in one (1) year will be subject to lose his or her position, in accordance with Article 20, Section 3, with the exception of any officer on the disability rolls.

 

[D]   No member can hold more than one (1) elected office.

 

[E]   No elected officer can hold more than three (3) positions with the Local. (Positions are Steward, Chief Steward and Committee Chairperson).

 

[F]    For attendance purposes officer’s year begins on November 1st.

 

 

 

DUTIES OF PRESIDENT

 

            Section 2.    [A]  Preside at all regular and special meetings of the Local and Local Executive Board,  and act as Chairman of the Negotiating Committee.

 

            [B]  Preserve order and enforce the Constitution and By-laws of this Union.

 

            [C]  Be an ex-officio member of all committees, but shall have no vote at the meetings at which he presides, except in case of a tie.

 

            [D]   Appoint, subject to the approval of the membership, all special committees when an election of same is not called for.

 

            [E]   Sign checks in conjunction with the Recording Secretary, Secretary-Treasurer or Vice President.

 

            [F]   Be responsible to the Executive Board and Membership for his actions.

 

            [G]  Send official notice in conjunction with the Secretary, as required by IUE/CWA Constitution, to the Secretary-Treasurer of the Union informing him that the Local’s books and records have been audited and stating the condition of the books and records.

 

 

 

 

 

 

DUTIES OF VICE PRESIDENTS

 

            Section 3.  [A]  The Vice Presidents shall assist the President in the performance of all duties and act in his absence in the Division or Cafeteria in which he was elected.

 

            [B]   The Executive Board shall elect one (1) Vice President from those elected to perform the duties of the President in case of absence, death or disqualification from the Local, subject to the approval of the Membership.

            [C]    The elected Vice President shall be Chairman of the Districting Committee in the respective unit he or she has been elected to represent.

 

            [D]    Attend Executive Board, Local General Council and Membership meetings.

 

            [E]   Sign checks in conjunction with the Recording Secretary, Secretary-Treasurer or President

 

 

DUTIES OF PLANT REPRESENTATIVE AT HAGERSTOWN FACILITY

 

            [A]  The Plant Representative at the direction of the President shall assist and direct all members within their facility.

 

            [B]  The Plant Representative, along with the shop stewards, shall handle all grievances of the workers in his/her facility to the best of his/her ability.

 

            [C]  Function as a member of the sub-contracting committee responsible for oversight of Hagerstown Facility.

 

            [D] The plant representative at Hagerstown, by virtue of his office, is a member of the Negotiating Committee for the Hagerstown Facility.

 

            [E] Attend Executive Board, Local General Council and Membership meetings.

 

 

DUTIES OF RECORDING SECRETARY

 

            Section 4.  [A]  Keep all records of meetings of the Local Union, that the Recording Secretary attends.   In the absence of the Recording Secretary the President shall appoint someone to perform the duties of the Recording Secretary for that meetings.

 

 

 

            [B]  Conduct all correspondence related to the duties of Recording Secretary.

 

            [C]   Provide the Union regularly with an up to date mailing list of Local’s  members.

 

            [D]   Perform such other duties with the approval of the Executive Board as may deemed necessary for the proper and effective administration of the affairs of the Local.

 

            [E]   Send official notice in conjunction with the President to the Secretary-Treasurer of the Union informing him that the Local’s books and records have been audited and stating the condition of the books and records.

 

            [F]   Sign checks in conjunction with the Secretary-Treasurer, President or Vice President.

 

            [G]   Attend Executive Board, Local General Council and Membership meetings.

 

 

DUTIES OF SECRETARY-TREASURER

 

            Section 5.  [A]  Receive, receipt and account for all money paid to the Local .

 

            [B]   Furnish all supplies pertaining to the Local.

 

            [C]   Pay all bills authorized by the Local.  Review and reconcile financial affairs of the Local at least once every 90 days but not to exceed three (3) times in a 90 day period during union time paid by the Local.

 

            [D]   Give account of all Local expenditures.

 

            [E] Attend Executive Board, Local General Council and Membership meetings.

 

            [F]    Furnish a report of the Local’s finances at scheduled Executive Board, Local General Council and Membership meetings.

 

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

 

            [H]   Sign checks in conjunction with the Recording Secretary, President or Vice President.

 

 

DUTIES OF THE  TRUSTEES

 

            Section 7.  [A]  To audit the books and records of the Local at least four (4) times a year and witness the official report by the President and Secretary of the Local Union to the International Secretary-Treasurer informing him that the Local’s books and records have been audited. 

 

            [B]  Take inventory at least once a year or when deemed necessary by the Local Executive Board or Membership and safeguard all properties of the Union. An inventory must be taken whenever a change of Trustees occurs.

 

            [C]   Make written report of the findings and recommendations at the next regular meeting following the audit.

 

            [D]   Attend  Executive Board, Local General Council and Membership meetings.

 

 

DUTIES OF SERGEANT-AT-ARMS

 

            Section 8.   [A]  The Sergeant-At-Arms must examine all persons present at any meeting to ascertain if they are members in good standing of the IUE/CWA, AFL-CIO.  At all meetings he must not permit any person who is not in good standing or under the influence of alcohol or drugs to remain.  He shall assist the chairman in preserving order.  He shall eject any person from the meeting so ordered by the body.  It will be the responsibility of the Sergeant-At-Arms to furnish and account for the General Membership meetings ledger at all General Membership meetings.

 

            [B]  Attend Executive Board, Local General Council and Membership meetings.

 

 

DUTIES OF ELECTED EXECUTIVE BOARD MEMBERS

 

            Section 9.  [A]  It shall be the duty of the Executive Board members to assist the elected officers in the unit in the performance of their assigned duties and also to report to the Executive Board the status of their plant problems and suggest corrective action.   An elected Executive Board member may temporary fill any vacant office in the unit until an election is held as set forth by the Executive Board.

 

            [B]   Attend Executive Board, Local General Council and Membership meetings.

 

 

 

ARTICLE 5

EXECUTIVE BOARD

 

            The Local Executive shall consist of all elected officers plus all Chief Stewards or their alternates in the event of their absence.  In questions before the board requiring a vote, only the elected officers will have a right to vote.

 

Section 1.  [A]  The Executive Board shall perform all the duties necessary to the proper administration of the affairs of the Local consistent with the Constitution and Local By-laws and shall furnish a complete itemized account of all expenses entailed in the administration of the Local.  In the event an office become vacant (Officers, Chief Steward) between normal election dates, the Executive Board may fill the vacancy through appointment if more than half of the normal term has expired, or for sixty (60) days if less than half of the normal term has expired, during which time an election will be held to fill the vacancy.

 

            [B]   All decisions of the Executive Board shall be by a majority vote of the members present.

            [C]  Sixty (60) percent of the voting members of the Executive Board shall constitute a quorum.

 

            [D]  The Executive Board may, at any time, require from any officer or member a full detailed statement of account of any action or business done in the name of the Local.

 

            [E]   The Executive Board, with the approval of the membership may fix the compensation to be paid to any members, officer or any other person employed by the Local Union, provided such compensation shall not exceed the maximum wage paid the workers of the  industry.

 

            [F]  Determine the financial arrangement necessary to insure that the business of the Union functions in an orderly way.

 

            [G]  The Local Executive Board shall be empowered to act on any question in the absence of a quorum at a regular scheduled membership meeting.

 

            [H] At the first meeting in November after the election of officers the Executive Board shall elect one (1) Vice President per section 3 [B],  Duties of Vice President.

 

            [I]  Any expenditure for improvement or equipment exceeding $1,000.00 must be approved by the Local Executive Board and the Local membership.

 

            [J]  In the event of an extreme emergency the  $1,000.00 limit may be waived with the approval of the Local Executive Board.

 

            [K]  Local Pay-alls will be honored up to one (1) hour after the official adjournment of the Executive Board meetings.

 

 

ARTICLE 6

STRUCTURE OF THE STEWARD SYSTEM

 

            Section 1[A].  Stewards shall be elected every two (2) years at properly advertised meetings of the Local members in the departments they are to represent.

 

            [B]  Each member shall be notified in writing at least two (2) days prior to the election by their steward or alternate.

 

            [C]   A member may submit an absentee ballot sealed in an envelope signed on the outside by the member and their Chief Steward before the election, if unable to attend.

 

            [D]   The elections shall be held promptly at the advertised time.

            [E]   Once the ballots are counted no other members shall be allowed to vote.

 

            [F]  Filling vacancies occurring between election shall be determined by the Chairperson of the Districting Committee subject to the approval of the Executive Board.

 

 

            Section 2[A]  Chief Stewards and their Alternate shall be elected every two (2) years at a properly advertised meeting, by the Districting Stewards in the plant, shift or area in which such Chief Stewards would be deemed necessary by the Districting Committee.

 

            [B]   The District Stewards or any member in good standing with at least one (1) year of continuous service who has held the position of steward or officer with the Local Union will be eligible to be nominated provided his job is in the plant area or shift as designated by the Districting Committee.

 

            [C]    Each elected steward shall be notified in writing at least two (2) days prior to the election by the Districting Committee.

 

            [D]  A steward may submit an absentee ballot sealed in an envelope signed on the outside by the steward and the Chairperson of the Districting Committee before the election, if unable to attend.

 

            [E]  The election shall be held promptly at the advertised time.

 

            [F]   Once the ballots are counted no other stewards will be allowed to vote.

           

            [G]  The filling of any Chief Steward or Alternate vacancy occurring between elections shall be determined by the Executive Board.

 

            [H]  The number of Chief Stewards and area of their jurisdiction will be determined by the Districting Committee, subject to  membership approval.

 

 

            Section 3[A]  Any challenge to a Steward or Chief Steward election will be forwarded, in writing, to the Local Executive Board within ten (10) days of the challenged election.

 

            [B]   The decision of the Executive Board will be final.

 

 

 

 

LOCAL GENERAL COUNCIL

 

            Section 1.  The Local General Council shall consist of the members of the Local Executive Board, the District Stewards or their alternates in the event of their absence and the chairpersons of all Standing Committees.

 

DUTIES OF THE LOCAL GENERAL COUNCIL

 

            Section 2.  [A]  The Local General Council shall meet not less than once each two (2) months to discuss the status of each district as to membership, new members, grievances, negotiations, current legislation and public affairs.

 

            [B]  All decisions of the Local General Council shall be decided by a majority vote of those members present.

 

            [C]  Twenty-five (25) members of the Local General Council shall constitute a quorum.

 

            [D]  The Local General Council shall recommend to the Local Executive Board and to the Local Union appropriate action to be taken on negotiations,  current legislation and public affairs.

 

            [E]  Local Pay-alls will be honored only up to one (1) hour after the official adjournment of Local General Council meetings.

 

            [F]  The disposition of any steward or chief steward due to their lack of attendance to meetings of the Local, shall be decided by the Local General Council by secret ballot.

 

            [G]  A trial conducted by the Local General Council rather than a trial committee would meet the requirements of the International Constitution as long as such a trial has the other Constitution elements such as notice, right to defend, and a two-thirds (2/3) finding required for guilt and punishment.

 

 

 

CHIEF STEWARDS

 

            Section 1.  The Chief Steward shall supervise the elections of all District Stewards within his/her jurisdiction.

           

            Section 2.  Any Chief Steward that misses four (4) or more regularly scheduled Local General Council or General membership meetings in one (1) year will be subject to the lose of their position, as decided by the Local General Council, with the exception of such Chief Steward being on the disability rolls.

           

Section 3.  For attendance purposes Chief Steward’s year begins December 1st.

            Section 4.  It shall be the Chief Steward’s responsibility to assist and direct all stewards within their jurisdiction.

 

            Section 5.  In the absence of the Steward and Alternate Steward the Chief Steward shall handle grievances within their district.

 

            Section 6.  Chief Stewards cannot act as a shop steward’s alternate.

 

 

DISTRICT STEWARDS

 

            Section 1.  There shall be a Steward from each District.  The Districts shall be designated by the Districting Committee.

 

 

DUTIES OF THE STEWARD

 

            Section 2.  [A]  Each District Steward shall be under the direction of the Chief Steward elected to represent his/her area on his/her shift and plant.

 

            [B]  It shall be the District Steward’s responsibility to bring into the Local Union all new employees.  He/She shall contact them as soon as possible.

 

            [C]  He/She shall handle all grievances of the workers in his/her district to the best of his/her ability.

 

            [D]  It shall be his/her duty to keep a record of the members in his/her district.

 

            [E]  Each Steward shall appoint an alternate who shall assume the Steward’s duties in case of his/her absence.   The Steward shall keep his/her alternate informed of all matters pertaining to their respective areas.

 

            [F]  He/She shall notify the Secretary-Treasurer of the death of any member of any member’s immediately family as defined in the National Agreement.

 

            [G]  He/She shall attend all Local General Council meetings and report the status of his district.

 

            [H]  Any Steward that misses four (4) or more regularly scheduled Local General Council or General Membership meeting  in one (1)  year will be subject to loss of their position, as decided by the Local General Council, which the exception of such steward being on the disability rolls.

 

            [I]  For attendance purposes Stewards year begins December 1st.

 

            [J]   Seniority preference will be asked by the Local Union for all Stewards.  Seniority preference will be limited to shift assignment only.

 

            [K]  No member shall be eligible to act as Steward unless he/she has been a member in good standing for at least one (1) year immediately prior to their nomination.

 

 

ARTICLE 7

STANDING COMMITTEE

 

            Section 1.  The Standing Committees of this Local Union shall be the Negotiating, By-law, Districting, Retirement, Activities, Political Action, Organizing, Scholarship and Subcontracting.  Standing Committees may be decreased prior to election year or increased between election years by the Executive Board.  Action subject to the approval of the members at a regular or special membership meeting.

 

            Section 2.  With the exception of the Negotiating Committee and the Districting Committee, the Chairperson of each committee shall be elected by the membership.  The remaining members shall be appointed by the Chairperson of each committee subject to the approval of the membership.

 

            Section 3.  All Standing Committees shall have at least three (3) members each and shall serve for a period of three (3) years. 

 

            Section 4.  The duties of the Standing Committees shall be such as is implied by their titles, and as the following By-laws state.

 

            Section 5.   No member shall be an elected Chairperson of more than three (3) committees.

 

            Section 6.  Any Chairperson who misses more than a total of four (4) regularly scheduled General Council meetings and regularly scheduled General Membership meetings in one (1) year will be brought before the Local General Council for possible disposition from their position.  (Note:  Discipline can only be taken under the trial provisions of Article 20, Section 3 of the Local’s By-laws.   A trial conducted by the General Counsel rather than a trial committee would meet the requirements of the International Constitution as long as such a trial has the other Constitutional elements such as notice, right to defend, and a two-thirds finding required for guilt and punishment.

 

            Section 7.  The Chairperson of each Standing Committee shall make a report (if there is anything to report concerning their committee activity) at each meeting they are required to attend. 

 

            Section 8.  The term of all Chairpersons shall be for a period of three (3) years.

 

 

 

ARTICLE 8

NEGOTIATING COMMITTEE

 

            Section 1.  The regular members of the Negotiating Committee for each unit shall consist of the President, acting as Chairperson, and the Vice President.  Additional members from companies affected will be appointed by the Executive Board, pending the approval of the membership.

 

 

DUTIES OF THE NEGOTIATING COMMITTEE

 

            Section 2.  [A]  The Negotiating Committee shall meet  with management to discuss wages, hours and working conditions.

 

            [B]  The Negotiating Committee through its Chairperson, the Local President, shall make regular reports to the Local General  Council, Local Executive Board and the Local Union.

 

            [C]  The Negotiating Committee shall act in emergency cases upon instruction of the Local President or a majority of the Committee, subject to the approval of the membership.

           

            [D]  In cases of unsatisfactory settlement of a negotiations, the Chairperson of the Negotiating Committee shall report to the membership for further instructions.

 

            [E]   To attend all Local General Council meetings and General Membership meetings.

 

            [F]  Any appointed negotiating representative missing more than a total of four (4) regular scheduled General Council meetings and regular scheduled General Membership meetings in one year, will be brought before the Local General Council for possible disposition from their position.   (Note:  Discipline can only be taken under the trial provisions of Article 20, Section 3 of the Local’s By-laws).

 

            [G]  Appointed Negotiating Committee members shall have no vote at the Local General Council meetings.

 

           

 

 

ARTICLE 9

DISTRICTING COMMITTEE

 

            Section 1.  The Districting Committee shall consist of the Vice President of Local 82130 (Northrop Grumman), who will act as Chairperson and the elected Executive Board members of each unit.  Additional members may be selected by the Vice President.

 

DUTIES OF THE DISTRICTING COMMITTEE

 

            Section 2. [A]  The Districting Committee shall divide the plants of the Local 82130 into districts.  As much as possible, the membership of each district shall be in one geographic location or in one department.

 

            [B]  The Districting Committee shall organize the elections of all District Stewards.

 

            [C]  The Districting Committee through its Chairperson, shall  report  to the Recording Secretary the names of all Stewards and Alternates.

 

 

 

 

 

 

           

ARTICLE 10

POLITICAL ACTION COMMITTEE

 

            Section 1.  The Political Action Committee shall study the records of all candidates for public office in the City, State or National Government, and make known to the membership at meetings and through the Local Newspaper each candidate’s record concerning labor.  The Committee shall also study and inform the membership on legislation which affects the interests of labor.

 

            Section 2.  The Committee shall recommend to the Local General Council and General Membership appropriate political action.

 

 

 

ARTICLE 11

RETIREMENT COMMITTEE

 

            Section 1.  The Retirement Committee shall consist of one (1) Chairperson who will select committee members from each location (Northrop Grumman  and Hagerstown Facility).  It shall be the duty of this committee to obtain scheduled retirement information from their respective companies and present this information to the Local.

 

 

 

ARTICLE 12

ACTIVITIES COMMITTEE

 

            Section 1.  The Activities Committee shall consist of one (1) Chairperson who will select committee members from each location.  It shall be the duty of this committee to plan and carry out plans approved by the Local Executive Board of any party or fund raising activities held for the benefit of the Local.

 

 

ARTICLE 13

ORGANIZING COMMITTEE

 

            Section 1.  The Organizing Committee shall consist of one (1) Chairperson, who will select committee members.  It shall be the duty of this committee to seek out organizing prospects and proceed in organizing drives as provided for by the CWA Constitution.

 

 

 

 

 

ARTICLE 14

BY-LAWS COMMITTEE

 

            Section 1.   The By-Law Committee shall consist of one (1) Chairperson who will select committee members.  It shall be the duty of this committee to accept submitted amendments to the Local By-Laws by members in good standing for their study to determine any conflict between  Local, District or in National Constitutions.  The By-Law Committee will submit the By-Law changes with their recommendations for a membership vote at an appropriate advertised General Membership meeting in accordance with Article 22.

 

ARTICLE 15

SUBCONTRACTING COMMITTEE

 

            Section 1.  Investigate all information regarding the subcontracting of IUE/CWA Local 82130’s work.  The Committee shall investigate by speaking with appropriate persons including management and by observing work flow.  The Committee shall  report to the General Council on their findings and recommend appropriate actions.

 

           

ARTICLE 16

SCHOLARSHIP COMMITTEE

 

            Section 1.   Subject to the approval of the Local Executive Board, the Scholarship Committee shall devise a procedure to distribute the Local’s Scholarship Fund.  The Committee will also be responsible for raising funds to support the Scholarship Fund.   Eligible candidate for scholarships will be the dependents of members in good standing enrolled in an institute of higher learning.

 

 

ARTICLE 17

NOMINATIONS AND ELECTIONS OF OFFICERS

 

 

            Section 1.  [A]  At the regular meeting held in August, the Recording Secretary shall announce to the membership that nomination for officers shall be held at the next regular meeting.

           

            [B]  Effective January 1, 1991 officers shall be elected by ballot no later than October 31st, every 3 years to take office November 1st.  Officers elected shall hold office for a term of three (3) years unless removed for cause or by their successors being elected to office.

 

            Five (5) tellers, three (3)  from Northrop Grumman  and two (2) from the Hagerstown Facility shall be nominated and elected as the first order of business at the September General Membership meeting and shall serve for three (3) years.

 

            [C]  Immediately following their election, the tellers shall choose and elect their own Chairperson.  The Chairperson shall designate a date within one (1) week for a meeting of the Committee, at which time the copies of the election procedure shall be given to each teller and any other business pertinent to the election shall be disposed of.  On the third Tuesday in September the Election Committee Chairperson will notify the Recording Secretary to have an appropriate number of ballots printed and notify the membership of the names of all candidates and the offices to which they have been nominated, the date, hours and place of the election.  Such notice shall be posted at each location not less than fifteen (15) days  prior to the election.  As an alternative,  the Recording Secretary may make arrangements to have a notice inserted in an issue of the IUE NEWS prior to the election setting forth the date, hours and place of the election and the offices at stake.  In that event, it shall be the duty of the Recording Secretary to forward to the IUE NEWS the most recent home address of each member.  It is the obligation of each member to inform the Recording Secretary promptly of his/her home address and any changes therein.   It is also the obligation of each member to inform the Local that he/she is on disability in order to receive an absentee ballot.  Such absentee ballots must be received by the Local before the day of the elections.

 

 

 

NOMINATION FOR NEW OFFICERS

 

            Section 2.  [A]  Nominations shall take place for officers at the September General Membership meeting after the Election Committee has been selected. 

 

 

 

            No member shall be eligible to be nominated to any of the above offices as set forth in paragraph [A] above, if such member missed 50% of the last four (4) regular  scheduled General Membership meetings immediately preceding the September meeting for nominations, with the exception of such member being on the disability rolls.   Verification of attendance will be monitored through conducting roll call at meetings from the sign-in sheets.  (Note:  Time on the disability rolls will be considered at attending meetings).

 

            [B]  1.  Nominations shall be taken in the following order:   President,  Vice President, Recording Secretary, Secretary-Treasurer, three (3) Trustees and Sergeant-At-Arms.  Nominations for such offices may come from any member in good standing in the Local Union.

 

 

 

            2.  Nominations will then be taken from Hagerstown Facility members only for one (1) Hagerstown Plant Rep and one (1) Executive Board Member for Hagerstown.

 

             3.  Nominations shall be taken from BWI members for two (2) Executive Board Members for BWI.

 

             4.  No member shall be eligible to be nominated to any of the above offices as set forth in paragraph [A] above unless they are employed in the corresponding divisions or facility.

 

            [C]  It will be permissible to give a short introductory speech concerning the nominee by the person making the nomination.

 

            [D]  It will not be necessary to second any nomination.

 

            [E]  No member shall nominate more than one (1) person for the same office.

 

            [F]  It will be permissible to nominate a person who is not present providing the party making the nomination will vouch for his/her acceptance.  A certified letter will be sent the next following working day to all nominees who were not present and must be returned in five (5) days.

 

            [G]  Any nominee over who there arises a question of eligibility for office shall be notified and given a right to prove his/her eligibility.  The Election Committee will handle proceedings regarding eligibility of candidates under the guidance of the Executive Board.

 

            [H]  Any member on the active rolls as of the last checkoff list available, shall be eligible to vote.

 

 

 

VOTING ELIGIBILITY

 

            Section 3.   During an election, anyone claiming voting privilege, but whose name does not appear on the registration list, shall be permitted to make out ballots.    These ballots shall then be sealed in an envelope bearing the voter’s name and  badge number and will be considered contested ballots.

 

 

 

 

 

 

VOTING PROCEDURE

 

            Section 4.  [A]  The Election Committee will decide how voting is done, either by voting machines or ballots, where practical with the approval of the Executive Board.  Not less than fifteen (15) days prior to the General Election of the Local,  the Election Committee shall have posted on all Union Bulletin Boards (Northrop Grumman  and Hagerstown Facility) a sample ballot.  Absentee ballots will be available to any eligible voter who is on disability, furlough or vacation upon request in writing.  All  requests must be addressed to IUE/CWA Local 82130 Union Hall to the attention of the Election Committee Chairperson.  It is the obligation of the member that the Local receive his/her absentee ballot before the date of the election.  If voting machines are not available the following procedure will be utilized:

 

            [B]  The Local will obtain a post office box to be used for the sole purpose of receiving election ballots.

 

            [C]  No later than the first day in October an envelope shall be mailed to each eligible member.   Each envelope shall contain two ballots.  One ballot will consist of the nominations for all general offices.  The second ballot will be the nominees for Vice President, and two (2) Executive Board Members from Northrop Grumman  and one (1)  Vice President and one (1) Executive Board Member from the Cafeteria.  The envelope shall also contain a blank envelope and a second envelope addressed to the Local election postal box number.

 

TABULATING PROCEDURE

 

            Section 5.  [A]  On Monday, prior to the Local’s regular scheduled meeting in October, the Election Committee shall meet at the Union office at 9:00 A.M. for the purpose of picking up ballots from the postal box and counting the ballots.   A minimum of three (3) election committee persons shall be present to pick up the ballots from the post office.

 

            [B]   Before any envelopes are open, the Committee shall check the name appearing on each against the checkoff list.  A check mark shall be placed beside each name for which there is an envelope.  If more than one (1) envelope is found for any one member, they shall be held out as challenged ballots.  Any envelopes bearing a name which does not appear on the list at all shall be checked for eligibility.

            [C]  When all envelopes have been checked the eligible ones shall be counted.  This count shall agree with the number of check marks on the list, taking into account any changes due to disposition of contested or challenged ballots.  The envelopes shall then be opened and the blank envelopes removed and placed in a ballot box unopened.

 

            [D]  The bland envelopes shall then be removed, opened and the ballots counted.  The results shall be tabulated and the winners determined.  The tabulation list shall be signed by each teller, certifying that the election was honest and the results correct.  Any teller not willing to thus certify the election shall present his/her views at the next General Membership meeting.  The ballots shall be saved until presented and approved by the General Membership.

 

            [E]  The Election Committee will be cleared at 7:00 A.M.  There will be no less than three (3) tellers with the ballots at all times.

 

            [F]  In the event voting machines are used, an Election Committee Member must accompany the voting machine vendor at all time during and after the closing of the polls and until the results of each machine are turned over to the Election Committee.

 

 

 

BALLOTS

 

            Section 6.  Sample ballots shall be posted on all bulletin boards.

 

 

            Section 7.  [A]  Candidates shall be listed in alphabetical order.

 

            [B]  Ballot #1.  Offices shall be listed in the following order; President, Recording Secretary,  Secretary-Treasurer, Trustees (vote for three), and Sergeant-At-Arms.

 

            [C]  Ballot #2.  Offices shall be listed in the following order;  Vice President, Executive Board Members, as applicable.

 

 

            Section 8.  [A]  Only bonafide members of the Local Union who are in good standing and have twelve (12) months continuous service with the Union prior to nomination and who are not engaged in a supervisory capacity with the power to hire and fire shall be eligible for office or to serve on the Negotiating Committee.  (Any member who is or who becomes engaged in a supervisory capacity with the power of hiring or firing shall be given an honorable withdrawal card from the Local Union.)

 

            [B]  New officers shall assume office on November 1st, at which time the former administration retires.  The new officers shall be sworn in at the October Membership meeting.  All books, records, moneys and other properties of the Local Union shall be delivered to the newly elected officers when they assume office in November.

 

            [C]  Election of officers must be conducted without manipulation or taint and in compliance with the requirements of applicable federal law.  

 

            [D]  Installations of Local Officers shall be conducted according to the provisions for installation of Local Union officers as outlined in the applicable section of the CWA Constitution.

 

 

CHALLENGE OF ELECTION

 

            Section 9.  Any member may challenge an election in the Local on the grounds that its outcome may have been affected by a violation of the provisions of this Article or of applicable federal law.   The challenge shall be presented to the Chairperson of the Election Committee, in writing, within forty-eight (48) hours after the results of the election are posted.    The Election Committee shall conduct an investigation and render its decision within (14) days after the written challenge is submitted.  Appeals from the decision of the Election Committee may be taken within five (5) days thereof, by the challenger or any nominee in accordance with the applicable provisions of the CWA Constitution.

 

 

ELECTION OF STANDING COMMITTEES

 

            Section 10.  All standing committees, with the exception of the Negotiating Committee and Districting Committees shall have the Chairperson elected at the first General Membership in October.  These elections will be conducted by the Election Committee.

 

 

ELECTION OF DISTRICT STEWARDS

 

            Section 11.  During the month of November the Districting Committee shall conduct nominations and elections of Stewards in the plants.  The newly elected Stewards shall take office as of December 1st.  Each Steward shall appoint an alternate immediately after his election.

 

 

ARTICLE 18

DELEGATES

 

            Section 1.  Vice Presidents will be delegates and/or alternates to the IUE/CWA Convention, CWA District Meetings and also (if necessary) to State (or provincial) and Local AFL-CIO Council.

 

            Section 2.  Delegates to the IUE/CWA Convention (if any) shall be elected by secret ballot by members of the Local at a regular or special meeting.

 

            Section 3.  The President shall, by virtue of his office, be a delegate to all bodies to which the Local sends delegates.

 

 

ARTICLE 19

DUES

 

            Section 1.  [A]  Dues shall be subject to change in accordance with the IUE Constitution and with the approval of the Local Executive Board.  Any member who fails to pay for (one month) shall lose his good standing in the Local and forfeit his rights and privilege.

 

            [B]   Any member receiving wages in a week shall pay a full weeks dues.

 

 

Section 2.  [A]  Initiation fee for all members shall be $10.00 of which $1.00 shall be forwarded to the National Office.

 

            [B]  Reinstatement fees shall be required from all members who lose their good standing.  The reinstatement fee shall be $10.00 of which $1.00 shall be forwarded to the International.

 

 

            Section 3.  [A]  A withdrawal card shall be issued to a member in good standing who leaves the employment under the jurisdiction of the International Union.  Upon resuming employment under the jurisdiction of the International, a person holding such a card shall again be admitted to membership in this Local upon deposit of his withdrawal card and payment of the current month’s dues.

 

            [B]  A transfer card must be issued to a member in good standing with or without request, who has left the jurisdiction of the Local and obtained employment within the jurisdiction of a sister Local.

 

 

            Section 4.  [A]  A general or special assessment and initiation fee may be increased only by majority vote by secret ballot of the members in good standing who voted at a general or special membership meeting after seven (7) days notice - posted seven (7) days prior - of intention to vote on such question.

                       

 

ARTICLE 20

DUTIES AND PRIVILEGES OF MEMBERSHIP

 

            Section 1.  [A]  Membership of this Local shall not be denied to any eligible worker because of race, religion, color, sex, age, citizenship or national origin.

 

            [B]   No member can hold more than one (1) office and three (3) positions (Positions are Steward, Chief Steward, and Committee Chairperson) with the Local with the exception of offices that require an officer to hold another position under the Local by-laws or International Constitution.

 

            Section 2.  [A]  The majority of the members, at a regular or special membership meeting will have the right to appeal an Executive Board decision, provided such an appeal is not in conflict with the Local By-laws or International Constitution.

 

            [B]  Every member may freely exercise his rights; provided however, that he shall not engage in, encourage, advocate, or promote, conduct, interfere with, or be in derogation of {a} the Local’s objections, purposes and status; or {b} the Local’s legal, contractual and organizational obligations; provided further, that he shall not violate [1]  any other obligation imposed upon him by the provisions of the Local or International Union Constitution; or [2] the rules of order and procedures set forth herein or otherwise adopted by the membership of the Local.

 

 

            Section 3.  If any member of this Local is accused of an offense against the Constitution and By-laws, or general good and welfare of the Local or the International Union, he or she shall be given a fair trial.  The offense of which he or she is charged shall be presented in writing to the President of the Local by the members making the charge, who, at the time, must be a member in good standing of  IUE/CWA, AFL-CIO, CLC.  The accused shall receive adequate notice in writing of the charges against him.  He shall be given a reasonable opportunity to hear all the evidence against him, and shall have the right to present and to cross examine witnesses.  The parties in these proceedings may be represented only by an IUE/CWA member in good standing.  If found guilty, the defendant shall have the right to appeal to the District Council, which shall have the power to select from its body a committee to investigate the facts and hold hearing as deemed necessary.  The accused may take an appeal to the Executive Board of the International Union and from there to the ensuing International Conventions.  The decision of the Local shall be final until otherwise decided by a higher body.  If the Local does not finally act on charges within sixty (60) days after the charges have been filed with the Local, the plaintiff shall have the right of appeal after a trial is held.

 

            Section 4.  A trial committee of five (5) members shall be elected by the members present at the next membership meeting of the Local following the submission of the charges.  The Trial Committee shall record the testimony and make recommendations as the disposition of the case to the next regular membership meeting of the Local, which shall then vote on the recommendation.

 

 

 

ARTICLE 21

FUNDS AND PROPERTY

 

            Section 1.  The books and records of this Local shall be audited at lease annually by a qualified accountant and a copy of such audit shall be sent to the Union as soon as possible.

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

 

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

 

            Section 4.  The President and Secretary-Treasurer shall give bond covering at least one-half (1/2) of the liquid assets of the Local as shown by its previous annual audit, but in no event less than $500.00.  Such bond must also satisfy the requirements of applicable federal law.  The International Union will arrange for payment of bond on request by the Local, but the bond premium shall be paid by the Local.  In addition, all other officers, stewards, representative and employees of the Local shall give such bond as may be required by applicable Federal law.

 

 

ARTICLE 22

MEETINGS

 

            Section 1.  [A]  Regular meetings of the membership shall be held in months of January, April, September and November in non-election years and in the months of January, April, August, September and October in election years.

 

            [B]  Twenty-five members shall constitute a quorum.

 

 

            Section 2.  [A]  Special membership meetings may be called by the President, the Local Executive Board, or by Petition of seventy (70) or more members.  All members must be notified by posting or by the Recording Secretary at least forty-eight (48) hours prior to the meetings.

 

            [B]  Special meetings of the Local Executive Board may be called by a majority of the members of the Local Executive Board or the President.

 

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

 

 

ARTICLE 23

CONFLICTS OF INTEREST

 

            Section 1.  No officer or employee of this Local may have [1] a personal financial interest which conflicts substantially with the performance of his duties;  or [2] a substantial interest in any business enterprise with which the Union or one of the subordinate bodies bargains collectively or which is in competition with such enterprise with which the Union or one of the subordinate bodies bargains collectively or which is in competition with such enterprise;  or [3] a substantial interest in an enterprise, a substantial part of which consists of buying from, selling to, or otherwise dealing with an employer with whom the Union or one of its subordinate bodies bargains collectively.

 

            Section 2.  No officer or employee of this Local may accept rewards or payments of any kind from an employer with which the Union or one of its subordinate bodies bargains collectively, other then regular pay or benefits for work performed as an employee or such an employer.

 

 

ARTICLE 24

RETIREMENT GIFT CHECKS

 

  1. Any IUE/CWA Local 82130 member retiring at age fifty-five (55) or over who has been a dues paying member of Local 82130 for the preceding five (5) years or more shall receive a retirement gift of $150.00 to be paid out of the Retirement Gift Check Fund.

 

  1. All Retirement Gift Checks will be paid from the Retirement Gift Check Fund.

 

3.      To fund the Retirement Gift Check Fund, the amount of .05 (five cents) per member per week will be transferred from the General Fund to the Retirement Gift Check Fund.  The transferred amount will be calculated by each month’s dues check off list (total members each week multiplied by .05).  This calculation and transfer of money from the General Fund will be made on a monthly basis only when the Retirement Gift Check Fund falls below a maximum cap amount of $2500.00 (Twenty-five hundred dollars).

 

 

 

 

 

ARTICLE 25

STRIKES

 

            Section 1.  [A]  No strike shall be called by the Local without the President of the International or his representative having made an effort to adjust the dispute.  It shall be the duty of the Local President or any other officer acting in that capacity to notify the President of the International immediately if a strike is proposed or pending.

 

            [B]  No strike may be called without the approval by a majority of the members present at any membership meeting.  Notice of a meeting for that purpose must be posted on bulletin boards at least two (2) days prior to said meeting.

 

 

 

ARTICLE 26

AMENDMENTS

 

            Section 1.  All proposed amendments shall be submitted in writing to the Constitution and By-laws committee no later than two (2) weeks prior to a General Membership meeting for their study to determine any conflict between Local, District or in National Constitutions.  The proposed amendment, with proposed By-law Committee recommendations shall be read at the General Membership meeting at which time a vote will be taken.

 

            Section 2.  This amendment shall become part of the Constitution by a 2/3’s vote, of members attending in good standing, in favor of the proposed amendment.

 

            Section 3.  The recommendation of the By-laws Committee change must be posted in IUE/CWA bulletin boards at all locations  (Northrop Grumman and the Hagerstown Facility), five (5) days prior to meeting.

 

 

ARTICLE 26

RULES & REGULATIONS REGARDING STRIKES

 

            The following rules and regulations will apply in event the Local goes on strike. 

 

1.     Standing Sub-committees will be established as follows:

A.    Financial Sub-committee.

B.    Debt Assistance Sub-committee.

C.    Fund Raising Sub-committee.

D.   Commissary Sub-committee. 

E.    Job Finding Sub-committee.

 

            2.   The Executive Board will appoint a chairperson for each of the standing        sub-committees.  Chairpersons shall be responsible for their committees to the       Executive Board and will appoint their committee members subject to the   approval of the Executive Board, during the course of a strike, as they deem       necessary.

 

            3.   Sub-Committee Duties

 

      A.  Financial -  responsible for all money related to the Strike Insurance Fund as well as all other monetary transactions required during the  course of a strike.

 

      B.  Debt Assistance - responsible for contacting creditors in order to make arrangement for possible postponement, reduction or adjustment of accounts for the duration of the strike.

 

      C.  Fund Raising - make arrangements to gain support and financial donations from other Local Unions and business establishments.  Investigate conditions under which soliciting of business establishments is allowed, arrange for clearance and prepare a letter of authorization for solicitors.  Maintain a complete record of amount of money contributed as well as all contributors.   This information along with the money, is to be turned over to the Financial Sub-Committee.

 

      D.  Commissary - responsible for organizing and operating the commissary and strike kitchen.  Contract wholesale houses to determine where food can be purchased at lowest possible prices.  In conjunction with the Financial Sub-committee decide on the size and content of food orders.

 

E.    Job Funding -  meet with officers of the State  Employment Office and with leaders of other Unions, to discuss possibilities of temporary and part-time employment opportunities.

 

 

4.     The plant vice-president or plant representative will be responsible for establishing a committee to be responsible for assigning picket duties, scheduling, picket captains and other duty assignments for persons who cannot walk picket duty because of medical or other justifiable reasons.

 

            This committee will be responsible for determining eligibility of their plant                      personnel for strike benefits.  Appeals from decisions of this committee                                     may be taken to the Local Executive Board.

 

            Picket captains will be responsible for conduct on the line assignment of              personnel and verification of attendance as scheduled.

 

5.     To be eligible for strike benefits, members will be required to perform picket duty (or other duties as determined by the Plant Committee) in accordance with the IUE/CWA and District rules at the time of the strike.

 

6.     Any charge brought against any member for acting against the good and welfare of the Local will be heard by the Local Executive Board and Appeals to their decision may be taken to the District Executive Board.