لوائح المحلي ٤٨١

البند أ.

يُعتبر المتقدم عضوًا عندما يستوفي جميع متطلبات العضوية التالية:

1. تقديم طلب عضوية خطي.
2. التوقيع على تفويض استقطاع الاشتراكات الذي يسمح بحسم رسم الانتساب من الأجور. إذا لم يُوقَّع تفويض استقطاع الاشتراكات، تبدأ العضوية من أول شهر تُدفع فيه الاشتراكات بعد استكمال سداد رسم الانتساب بالكامل. أو يمكنه تقديم رسم الانتساب واشتراك شهر واحد نقدًا. يجب تخصيص أول مبلغ يُستلم من المتقدم لسداد اشتراك الشهر الذي يلتزم فيه المتقدم بدفع الاشتراك لأول مرة. إذا سمح هذا الاتحاد المحلي للمتقدم بدفع رسم الانتساب على أقساط مؤجلة، فيجب تخصيص الدفعات أولًا للوفاء بالتزام العضو بسداد الاشتراكات. يتلقى كل عضو جديد يقدم نفسه للانتساب نسخة مجانية من الدستور الدولي ولوائح الاتحاد المحلي عند الطلب من الاتحاد المحلي. ومع ذلك، فإن أي ادعاء بعدم استلام هذه النسخة لا يعفي العضو من أي واجب أو التزام مفروض عليه بموجب قسم عضويته أو قسم المنصب.
3. قبول الطلب من قبل الاتحاد.
4. أداء التعهد في الاجتماع النظامي أو في صف التلقين الخاص الذي يلي اتخاذ القرار بشأن طلبه.
5. التعهد: يا زميل العمل، ستأخذ الآن تعهدًا يربطك بالاتحاد الدولي لسائقي الشاحنات وهذا الاتحاد المحلي، ولن يتعارض بأي شكل مع معتقدك الديني أو واجباتك كمواطن: “أنا (يُذكر الاسم)، أتعهد بشرفي أن ألتزم بأمانة بدستور وقوانين الاتحاد الدولي لسائقي الشاحنات ولوائح وقوانين هذا الاتحاد المحلي. أتعهد بأن ألتزم بجميع القواعد واللوائح التي تحكم الاتحاد الدولي وهذا الاتحاد المحلي. سأؤدي بأمانة جميع المهام الموكلة إليّ بأقصى قدرتي ومهارتي. سأتصرف دائمًا بطريقة لا تجلب اللوم على اتحادي. سأشارك بفاعلية في أعمال وأنشطة الاتحاد وأتقبل مسؤولياتي وأؤديها أثناء أي إضراب أو إقفال مصرح به. أتعهد ألا أكشف لغير الأعضاء الأعمال الخاصة بهذا الاتحاد إلا إذا تم التصريح بذلك. لن أؤذي عضوًا زميلًا عن علم أبدًا. لن أميز ضد عامل زميل بسبب العرق أو اللون أو الدين أو الجنس أو العمر أو الإعاقة الجسدية أو الذهنية أو الأصل الوطني أو الميول الجنسية أو الهوية الجندرية أو أي فئة أخرى يحميها القانون. سأمتنع عن أي سلوك من شأنه أن يتعارض مع أداء الاتحاد لالتزاماته القانونية أو التعاقدية. سأظل في جميع الأوقات مخلصًا ووفيًا للاتحاد الدولي لسائقي الشاحنات وهذا الاتحاد المحلي.” إذا أخفق المتقدم في أداء التعهد خلال مدة زمنية معقولة بعد قبول طلبه، فإنه يصادر المبالغ المقدمة ما لم يوجد سبب وجيه. تُعد جميع مبالغ الانتساب المودعة التي يتخلف المتقدم عن سدادها مصادرة بعد ٣٠ يومًا، ما لم يوجد سبب وجيه.

البند ب.

يقوم المجلس التنفيذي، أو من يفوضه، بفحص جميع المرشحين للعضوية والبت فيهم، وقد يُطلب من المرشح المثول أمام المجلس للفحص. بعد حصوله على موافقة المجلس التنفيذي أو من يفوضه، يتطلب رفض المرشح للعضوية تصويت الأغلبية في الاجتماع النظامي التالي.

البند أ.

يجوز لأمين الصندوق اتخاذ ما يراه من إجراءات تخدم مصلحة الاتحاد وأعضائه، بما في ذلك على سبيل المثال لا الحصر إنفاق الأموال لتلك الأغراض، وذلك رهناً بموافقة المجلس التنفيذي.

البند ب.

يجوز لأمين الصندوق، أثناء أداء واجباته، اتخاذ أي إجراء يراه ضروريًا لتحقيق أهداف هذا الاتحاد وتعزيز غايته، والحفاظ على هذا الاتحاد أو المنظمات الأخرى التي ينتسب إليها كمؤسسة، شريطة ألا ينتهك أحكام هذه اللوائح أو الدستور الدولي أو القرارات السارية للاتحاد.

البند أ.

تقتصر سلطة مندوبي الورش، سواء المنتخبين أو المعيّنين، على الواجبات والأنشطة التالية ولا تتجاوزها:

1. التحقيق في التظلمات وتقديمها لصاحب العمل أو الممثل المعين للشركة وفق أحكام اتفاق المفاوضة الجماعية؛
2. تحصيل الاشتراكات عندما يكون ذلك مخولًا بقرار مناسب من الاتحاد المحلي؛
3. نقل الرسائل والمعلومات الصادرة والمخوّلة من الاتحاد المحلي أو مسؤوليه، شريطة أن تكون مكتوبة أو ذات طابع روتيني ولا تتضمن توقفًا عن العمل أو إبطاءه أو رفض التعامل مع البضائع أو أي تعطيل آخر لأعمال صاحب العمل؛
4. لا يملك المندوبون سلطة اتخاذ إجراء إضرابي أو أي إجراء آخر غير منصوص عليه في هذه اللوائح أو أي إجراء يوقف عمل صاحب العمل إلا إذا فُوِّض بذلك رسميًا من الاتحاد المحلي.

البند ب.

يحدد أمين الصندوق مواعيد الندوات والبرامج التعليمية الأخرى التي يراها مفيدة للمندوبين وفق تقديره.

البند أ.

إذا رأى المجلس التنفيذي للاتحاد المحلي، وفق تقديره المطلق، أن من مصلحة المنظمة الانضمام إلى الاتحاد الدولي و/أو أي من هيئاته الفرعية أو الاتحادات المحلية التابعة في الحصول على سند أو سندات كفالة تغطي الأشخاص في الاتحاد المحلي وتلك الهيئات بموجب سند أو سندات صادرة للاتحاد الدولي أو هيئة فرعية أخرى، فيُخوّل المجلس التنفيذي عقد هذه الترتيبات ودفع تكلفتها من الأموال العامة للاتحاد المحلي، شريطة أن يتوافق غطاء الكفالة مع المتطلبات المحددة في القسم ١٢ (٢).

البند ب.

إذا أُلغي سند كفالة أي شخص مطلوب كفالته بعد توفير التغطية، يُمنح هذا الشخص ثلاثين (٣٠) يومًا لترتيب إعادة تغطية كفالته أو استبدال سند آخر يفي بمتطلبات القسم ١٢ (أ) بدلًا من السند الملغى. وخلال الفترة التي لا يكون فيها الشخص أو المسؤول الجديد مغطىً بسند كفالة، يتخذ المجلس التنفيذي للاتحاد المحلي الترتيبات اللازمة لإعفائه من التعامل مع أي أموال أو ممتلكات للاتحاد المحلي.

البند ج.

إذا تعذر على الموظف أو المسؤول المشار إليه في القسم ١٢ (ج) خلال ثلاثين (٣٠) يومًا توفير سند الكفالة المطلوب وفق أحكام القسم ١٢ (أ)، يجوز للمجلس التنفيذي للاتحاد المحلي السماح له بالبقاء في منصبه وفق الترتيبات التي يراها معقولة، على ألا يُطلب منه أو يُسمح له التعامل مع أي من أموال الاتحاد المحلي أو التحكم في ممتلكاته.

Subsection A.

A member who has been issued a withdrawal card shall be considered to have voluntarily withdrawn from membership in this Local Union. A member shall be considered transferred from this Local Union upon acceptance of his transfer card by another Local Union.

Subsection B.

When the Local Union is required to give to a member an honorable withdrawal card under the terms of the International Constitution and its By-Laws it may provide for the continuance of Local Union benefits to such inactive member under conditions which it may set forth, but such inactive member shall not be permitted to hold office or vote, and shall have only such right to participate in the meetings and the affairs of the Local Union as shall be uniformly permitted by the Local Union Executive Board.

Subsection C.

Withdrawal cards shall be issued in conformity with the requirements set forth in Article XVIII, Section 6 of the International Constitution.

Subsection D.

Supervisory employees shall not be permitted to hold office unless permitted by federal, state, local or provincial law.

Subsection A.

Every member whose dues are paid up through the month, which is prior to the month in which the nominations or election is held, shall have the right to nominate, vote for, or otherwise support the candidate of his choice. No member whose dues have been withheld by his employer for payment to the Local Union pursuant to their voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to nominate or vote for a candidate for office in the Local Union by reason of a delay or a default in the payment of dues by the employer to the Local Union. However, a member on check-off shall be under a duty to pay his dues directly to the Local Union during any calendar month in which he does not have sufficient earnings, which are subject to the check-off authorization, from which his employer could make the dues deduction. The Secretary-Treasurer of the Local Union shall review the eligibility to hold office of any member at such member's request and shall make a report on the eligibility of that member within five (5) days thereafter to any interested member.

Subsection B.

Every member in good standing by the payment of his dues on or before the last business day of the current month, in accordance with the International Constitution, and who has been in such continuous good standing for each consecutive month in the twenty-four (24) month period immediately prior to nomination, and who has complied with the other requirements of eligibility for office in this Local Union shall be eligible to hold office. However, a member on dues checkoff whose employer fails to make a proper deduction during any month in which the member has earnings from work performed during the month from which the dues could have been deducted, or has earnings from which the employer normally makes a dues deduction pursuant to the contract or established practice, shall not lose good standing status for that month. In such an event, the Local Union shall notify the member of his employer's failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status.

Subsection C.

To be eligible for election to any office in the Union a member must:

1. Be in continuous good standing and actively employed as a member under the jurisdiction of Local 481 for a period of twenty-four (24) consecutive months prior to the month of nomination and must be eligible to hold office if elected. “Continuous good standing” means the payment of monthly dues to the Union on or before the last business day of the month in which such dues are owing, together with no interruption in active membership in the Union because of suspension, expulsion, withdrawals, transfers, or failure to pay fines or assessments. Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5(c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union. Failure of Local 481 to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft under the jurisdiction of Local 481 during the required twenty-four (24) month period prior to his nomination if a challenge is made based on evidence to the contrary, in which event a determination shall be made on the facts presented. Periods of unemployment during the twenty-four (24) month period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the craft, and not working outside the craft during such periods of unemployment. Members in a reserve component of the military or National Guard who are called to active service lasting more than thirty (30) days but not more than twenty-four (24) consecutive months may have their eligibility determined in accordance with the applicable provisions of the International Constitution.
2. Have attended a minimum of fifty percent (50%) of the regular or divisional meetings (in the event divisional meetings are ever instituted in this Local) of the Union during the twelve (12) consecutive months immediately prior to nomination for office. This Local Union shall keep accurate records reflecting those members who are in attendance at each meeting and shall exempt from the attendance requirement any member who, because of illness, regular employment, or other good cause, is unable to attend a meeting. This exemption system shall be uniformly and fairly applied.
3. For good cause such as, but not limited to, illness or absence from the session for reasons connected with employment, a member may be excused from attending a meeting of the Local Union by action of the Local Union Executive Board, provided an application in writing to be excused is made by the member. Such excused meeting shall be counted toward the number of meetings attended for the purpose of applying the terms of Article XVI, Section 3(c)(2) of the Local Union By-Laws.
4. The requirements of continuous good standing and working in the jurisdiction of the Local Union and attendance at the meetings of the Local Union shall not be applicable to any officer or employee during a leave of absence granted to such officer or employee with the approval of the Local Union Executive Board.

Subsection A.

To be eligible for election to any office in Local 481, a member who has been involuntarily transferred from another Local Union must have worked at the craft as a member of the union from which he was transferred and as a member of Local 481, and must have been so employed and in continuous good standing on a cumulative basis in both Local 481 and the Local from which he was transferred for a total of twenty-four (24) months prior to nomination.

Subsection B.

Nominations shall be made at the meeting by a member in good standing other than the nominee by motion seconded by a member in good standing other than the nominee. Nominations may also be submitted by mail petition specifying the name and signature of the nominator and seconder, the position sought, and the signature of the nominee. Candidates are advised to verify the good standing status of their nominator and seconder prior to the nomination meeting.

Subsection C.

Nominations shall not be closed until a call for further nominations have been made three (3) times by the Chair without further nomination being made.

Subsection D.

If an election committee is used, after nomination each candidate for the office of President and Secretary-Treasurer may designate one (1) member for service thereon who shall thereupon be appointed by the President.

Subsection E.

In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the nominations meeting, effective as of the conclusion of the term of the previous incumbent.

Subsection F.

A member otherwise eligible to run for office shall become a bona fide candidate only upon his nomination for office and acceptance of the nomination. To be eligible to nominate and otherwise participate in the nomination meeting, a member must have his dues paid through the month prior to the month in which the nomination meeting is held. Candidates must accept nominations at the time made either in person or, if absent, in writing, and may accept nomination for only one office. After a candidate has accepted nomination, he may not, under any circumstances, revoke his acceptance after the ballots are printed, except where as a result of the revocation the remaining candidate is unopposed.

Subsection G.

Every member eligible to nominate candidates shall be entitled to nominate one (1) candidate, but only one (1), for each office open. Prospective candidates may not nominate themselves nor second their own nominations.

Subsection H.

If any nominee should die before the election, his name shall nevertheless appear on the ballot. In the event such name shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office as provided in Article XIII.

Subsection I.

If there is only one (1) nominee for an office and he is finally ruled ineligible after the nomination meeting, then the office shall be filled by appointment by the newly elected Local Union Executive Board.

Subsection A.

After the nominations meeting, but no less than twenty (20) days prior to the election, specific notice of the date, time, and place of the election and of the offices to be filled shall be mailed to each member at his last known home address, if no notice has previously been sent. The election shall be held not earlier than thirty (30) days after the nomination meeting, as may be designated by the Local Union Executive Board. The election shall be by secret ballot to be placed in boxes, unless the Local Union Executive Board has authorized the use of some standard type of election mechanical device insuring a secret ballot by machine vote, the election box or boxes or machine or machines, however, to be located at a place or places designated by the Local Union Executive Board; balloting shall be open for a period not less than six (6) hours during the period between the hours of 8:00 A.M. and 8 P.M., A Local Union may extend voting beyond these hours if necessary to accommodate work schedules and provide members a reasonable opportunity to vote. It shall be the duty of the Local Union Executive Board to provide safeguards for the honest and fair conduct of such election. When the majority of offices are contested the election shall be conducted by mail referendum balloting in accordance with the procedures promulgated by the International Union and United States Department of Labor. Ballots shall be mailed to all active members and shall be returnable to a secure post office box no earlier than thirty (30) days after the nomination meeting. The Executive Board shall utilize a neutral agency to supervise the distribution, collection and tabulation of the ballots. Candidates shall have the right to have their observers present at all phases of the ballot processing procedure.

Subsection B.

Voting shall be conducted by the members in good standing. There shall be no proxy voting. Each such member shall be entitled to one vote. The Local Union Executive Board shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the International Constitution and the Local Union By-Laws, including the authority to use mail referendum balloting or absentee balloting without membership approval. The General President shall also have the authority to direct the use of mail referendum balloting or absentee balloting without membership approval, any action of the Local Union Executive Board to the contrary notwithstanding. Absentee voting by mail shall be permitted from the city or town where they are normally employed at the time of voting, because of vacation or on employment tour of duty. The Local Union Executive Board may permit additional reasons for absentee balloting if they so desire. Application for absentee ballots shall be made to the Secretary-Treasurer not less than five (5) days prior to the date set for election and shall contain the grounds therefor. Absentee ballots shall be valid only if they are received by the close of business on the day prior to the election. Absentee voting shall be conducted with all proper safeguards for secrecy of the ballot. Voting by writing in the name of a person who was not duly nominated shall not be permitted. Any ballot shall be declared void if it contains any mark other than the voting mark.

Subsection C.

Each candidate, at his own expense, shall have the right to have any observer other than himself at each polling place and at the counting of the ballots who must be a member of the Local Union in good standing. Observers may challenge the eligibility of voters, and all challenged ballots shall be sealed in a blank envelope, which in turn shall be sealed in an envelope with the name of the voter thereon. Challenges shall be investigated to determine their validity, if the challenged ballots are sufficient in number to affect the result of the election. The blank envelope containing the ballot shall not be opened until such time as all challenges have been ruled upon and the name-bearing envelopes destroyed. Upon request of any candidate, deemed reasonable by the Election Committee, voting machines, if used, shall be checked for proper operation. Candidates shall have the right to be present at the counting of the ballots.

Subsection D.

To be eligible to vote in the election, a member must have his dues paid through the month prior to the month in which the election is held and must still be an active member on the day of the election. The candidate for each office who received a plurality of the votes cast for the office shall be elected thereto except in the case of Trustees in which case the three (3) candidates receiving the highest number of votes shall be elected. In the event of a tie vote, the candidates shall resolve such tie by lot, except in the case of a tie for the office of Secretary-Treasurer of the Local Union, in which case there shall be a re-election between only the candidates who have tied for the highest number of votes and only for that principal office. The officers-elect shall take office at the end of the term of the incumbent officers, regardless of the date of installation, which installation may take place at either the same meeting at which they were elected or, if not elected at a meeting, at the next meeting following their election. Where the nominee is unopposed at the regularly designated nominations meeting, there shall be no necessity for the election of such nominee and he shall be declared duly elected at such nomination meeting, effective as of the conclusion of the term of the previous incumbent. Except as provided above, no runoff election should be held.

Subsection E.

No officer may run for another office in this Local Union, the term of which covers part of his current term, unless he resigns from his current office at the time of nomination, such resignation to be effective upon installation of his successor. He shall announce his intention to resign not later than thirty (30) days prior to the nomination meeting and will not be eligible for appointment to the vacancy created by his resignation. No officer may hold another office in any other Local Union (other than a trusteed Local Union) during his term of office except by authorization of the General President and the Local Unions involved.

Subsection F.

There shall be no write-in candidates and any ballot containing a write-in candidate shall be void insofar as the vote for that office is concerned and such ballot for that office shall not be considered as having been cast in determining the vote for that office.

Subsection G.

During the period between the date of election and the end of the term of office no extraordinary expenditures of Local Union funds shall be made, and no action shall be taken that commits the Local Union to make such extraordinary expenditures in the future, without the approval of the officers-elect and the membership. An expenditure shall be considered extraordinary if it falls within the definition set forth in Article XXII, Section 4(e) of the International Constitution. In the event the election results in a new complement of officers, the outgoing officers must comply with the restrictions in Article XXII, Section 2(b) of the International Constitution regarding entering into contracts for personal services.

Subsection A.

The Secretary-Treasurer shall at least twenty (20) days prior to the holding of the nominations give notice, as above provided, to the membership of the time, place, and date and the offices for which nominations will be in order in connection with the election. Such notice shall be given in the manner determined by the Local Union Executive Board consistent with these rules.

Subsection B.

The Secretary-Treasurer shall review the eligibility to hold office of any member at such member's request and shall make a report on the eligibility of that member within five (5) days thereafter to any interested member. The Secretary-Treasurer shall comply with requests from members to determine their eligibility if made prior to the nomination meeting.

Subsection C.

Unless a joint nomination election notice was sent, the Secretary-Treasurer shall give written notice to the membership of the Local at least twenty (20) days prior to any election date of the time, place, date, hours, and number of offices upon which voting shall be held by mailing such notice to the last known home address of every active member;

Subsection D.

Upon reasonable request of any declared and eligible candidate for office, the Secretary-Treasurer shall arrange for the distribution of any campaign literature, by mail or otherwise, provided that such candidate pays the reasonably estimated cost involved in advance. Candidates may make such requests a reasonable period of time prior to the conduct of the nomination meeting. The Secretary-Treasurer shall not delay the distribution of any candidate's mailing. Any reduced rate mailing permit available to any candidate shall be made available to all candidates on an equal basis. The Secretary-Treasurer may require that all campaign literature shall be presented to him at the principal office of the Local Union no later than a reasonable number of days prior to the election and all candidates shall be given reasonable notice of that cutoff date. The Secretary-Treasurer may, where in his judgment it appears necessary, provide for a consolidation of such distribution in which case the cost of such distribution be assessed upon the candidates involved on a pro rata basis.

Subsection E.

The Secretary-Treasurer to the extent required by law shall upon reasonable notice make available for inspection by any bona fide candidate the membership list of the Local Union covered by Union security agreements once within thirty (30) days prior to the election date. No candidate shall be permitted by the Secretary-Treasurer to copy any names or address of employees shown on such list and such inspection must be made in the presence of the Secretary-Treasurer or his designee.

Subsection F.

The Secretary-Treasurer shall retain copies of all requests for distribution of campaign literature and copies thereof, shall make a record of the date the literature was distributed, the cost thereof, and the amount received therefor, and shall also retain a copy of the notices of nominations and of the election, a copy of the ballot, the official tally sheet submitted by the tellers, all ballots, ballot return envelopes and such other records including election rules as shall relate to the conduct of the election. All copies and records shall be retained for one (1) year.

Subsection A.

Any member who desires to challenge a ruling on eligibility to run for office shall appeal, in writing, within forty-eight (48) hours after receipt of the ruling to the General President or his designee. The decision of the General President shall be appealable to the General Executive Board pursuant to the provisions of Article VI, Section 2 of the International Constitution. In the event there shall be any protest or charges made concerning an election by any member prior to the holding of the election, such protest or charge shall be made in writing by such member within forty-eight (48) hours of his knowledge of the event complained of and shall specify the exact nature and specifications of protest. Such protest or charges shall be made to the Local Union Secretary-Treasurer who shall refer the protest or charges to the Local Union Executive Board for disposition. The decision of the Local Union Executive Board shall be appealable to the General President, pursuant to the provisions of Article VI, Section 2 of the International Constitution.

Subsection B.

In the event there shall be any protest or charge by any member concerning the conduct of the election after the election has been held, such protest or charge shall be made in writing by such member within seventy-two (72) hours setting forth the exact nature and specifications of the protest and his claim as to how it has affected the outcome of the election. Such protest or charge shall be made to the Secretary-Treasurer of the Joint Council or State Conference if there is no Joint Council with which the Local Union is affiliated and the protest or charge shall be referred to the Executive Board for disposition. The decision of the Executive Board shall be appealable to the General Executive Board for final decision, which is not appealable to the Convention.

Subsection C.

If votes are challenged such challenge shall be made in writing at the time of the election with specific reasons given for such challenge.

Subsection A.

General membership meetings shall be held monthly at such place and time as shall be designated by the Local Union Executive Board subject to disapproval by the membership. The time and place of meeting in effect when these By-Laws are adopted shall continue until changed by the Local Union Executive Board upon reasonable and adequate notice to the membership. Membership meeting may be suspended during any three months between June and October by action of the membership at a meeting after reasonable notice of the intention to vote upon such question.

Subsection B.

Members in attendance at membership meetings shall have the right to express their view, arguments, or opinions upon any business properly before the meeting subject to these By-Laws and the rules and regulations adopted by the Local Union Executive Board pertaining to the conduct of meetings, but no member in exercising such rights shall evade or avoid his responsibility to the organization as an institution or engage in or instigate any conduct which would interfere with the Local Union's performance of its legal or contractual obligations.

Subsection C.

The Local Union Executive Board is authorized to permit membership meetings to be held on a division, craft, place of employment, or other similar basis as it shall consider appropriate considering the special needs of the organization so as to permit the membership to attend meetings and to express their view and otherwise exercise their rights as members. There shall be no limitation on the right of any member to be heard at any such separate meeting provided herein on all matters which apply to the general membership, but such member shall be permitted to vote only at such separate division, craft, or place of employment meeting to which he has been assigned.

Subsection D.

When the Local Union Executive Board authorizes such meeting by division, craft, or place of employment, each such meeting shall be conducted by the officers of the Local Union or by their designees and under the same procedures and rules as a general membership meeting, excepting only special meetings for limited purposes such as voting on contracts or strikes, handling of grievances, etc.

Subsection E.

On all matters which apply to the general membership, the votes of the meeting of each particular division, craft, or place of employment shall be totaled to determine the action of the Local Union in such matters.

Subsection F.

Members at each separate division, craft, or place of employment authorized to hold separate meetings may nominate candidates from their, or any other, division, craft, or place of employment for election to the Union office; may vote separately on initiation fee, dues and assessments which may apply to them alone, if higher than the minimum applicable to the general membership; and may, when authorized by the Local Union Executive Board, vote separately on approval or disapproval of, or on matters arising under, contracts applicable only to them, and strikes or other activities in which only they will participate.

Rule 1.

The regular order of business may be suspended by a vote of the meeting at any time.

Rule 2.

The Chairperson of the meeting shall enforce these rules and regulations and may direct that members be removed from the meeting for violation of these rules.

Rule 3.

Any conversation by whispering or otherwise or any other activity which is calculated to disturb or may have the effect of disturbing a member while speaking or disturb the conduct of the meeting or hinder the transaction of business shall be deemed a violation of order.

Rule 4.

Attending meetings “under the influence” is basis for removal.

Rule 5.

The meeting may determine what portions of its business shall be secret.

Rule 6.

When a member wishes the floor, he shall rise and respectfully address the chair, and if recognized by the Chair, he shall state his name.

Rule 7.

If two or more members rise to speak, the Chair shall decide which is entitled to the floor.

Rule 8.

Every member, while speaking shall adhere to the question under debate and avoid all invective and indecorous language, but all members shall have the right to express their views, arguments, and opinions upon candidates and upon any business properly before the meeting.

Rule 9.

No member shall interrupt another member while speaking except for a point of order, and he shall definitely state the point, and the Chair shall decide the same without debate.

Rule 10.

Any member, while speaking, being called to order by another, at the request of the Chair, shall cease speaking and be seated until the question of order is determined.

Rule 11.

If any member shall feel himself aggrieved by a decision of the Chair, he may appeal from the decision of the Chair to the meeting without debate.

Rule 12.

When an appeal is made from the decision of the Chair, said appeal shall be stated by the Chairperson to the meeting in these words: “Shall the decision of the Chair be sustained as the decision of this meeting?” The member making the appeal will have the right to state the grounds of appeal, and the Chair will give his reasons for the decision. Thereupon, the members will proceed to vote on the appeal without further debate, and it shall require a majority vote to overrule the Chair.

Rule 13.

No member shall speak more than once on the same question until all members wishing to speak have had an opportunity to do so, nor more than twice without the permission of the Chair, nor more than ten (10) minutes at one (1) time.

Rule 14.

In presenting a motion, a brief statement of its object may be made, but no discussion of its merits shall be admitted until the question is stated by the Chair.

Rule 15.

Any member may call for a division of a question when the subject or sense admits thereof.

Rule 16.

All votes other than amendments to these By-Laws or Rules of Order may be reconsidered at the same or next succeeding meeting upon a motion made and seconded by two (2) members who voted in the majority, provided a majority of the membership present and voting agrees thereto; but after a motion to reconsider has once been lost, it shall not be renewed.

Rule 17.

The following motion shall have precedence in the following order: First to adjourn; Second to close debate; Third to take up the previous question; Fourth to lay on the table; Fifth to postpone indefinitely; Sixth to postpone to a definite time; Seventh to refer; Eighth to amend. The first four shall be decided without debate.

Rule 18.

When a question is postponed indefinitely, it shall not come up again, except upon a majority vote of the members present and voting.

Rule 19.

The motion to close debate may be made by two (2) members and shall be put in this form: “Shall the debate now close?” If adopted, the President shall proceed to take up the question before the membership, according to priority, without further debate.

Rule 20.

The call for the previous question on the original motion may be made by six (6) members and shall be put in this form: “Shall the main question be now put?” If adopted, the effect shall be to take up the question on the original motion to the exclusion of all debate and all amendments which have not been adopted.

Rule 21.

If proper motion to amend has been made, amendment shall be put first; if more than one offered, the question shall then be put as follows: 1. amendment to the amendment; 2. amendment; 3. original proposition.

Rule 22.

A motion to adjourn shall always be in order except: 1. when a member has the floor; 2. when members are voting; 3. when a motion is pending.

Rule 23.

A motion to adjourn having been put and lost shall not be in order again, provided there is further business before the Local Union, until fifteen (15) minutes have elapsed.

Rule 24.

The Chair shall state every question coming before the Local Union before permitting the opening of debate thereon. Immediately before putting it to a vote he shall ask: “Is the Local Union ready for the question?” Should no member rise to speak on the question, or if a majority shall vote to close discussion, the Chair shall put the question. After he has risen no member shall be permitted to speak further upon it.

Rule 25.

When the presiding Chairperson has commenced taking the vote, no further debate or remarks shall be allowed, unless a mistake has been made, in which case the mistake shall be rectified and the presiding Chairperson shall recommence taking the vote.

Rule 26.

One (1) tap of the gavel shall call to order; two (2) taps to be seated; three (3) taps to rise.

Rule 27.

Any question on procedure in debate, not provided for herein shall be governed by Robert's Rules of Order, Revised.

Rule 28.

All rulings of the presiding officer on procedure, which are not challenged during the meeting, become final and unappealable upon adjournment of the meeting.

Subsection A. Trial.

Every member charged with a violation of these By-Laws or the International Constitution shall be accorded a full and fair hearing as required by law. No member of the Local Union Executive Board involved in the subject matter of the charge, shall sit on the trial board. The decision on disqualification under this provision, if raised by an interested party, shall be made in the first instance by majority vote of the Local Union Executive Board, whose decision shall be appealable as part of the case, in accordance with the appeal procedure of the International Constitution and these By-Laws. The officer alleged to be involved shall not vote on whether he is qualified to remain on the hearing panel. If the member charged or preferring the charges is a member of Local Executive Board, or if a member of the Local Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint a disinterested member as a substitute. If either the President or Secretary-Treasurer of the Local Union is charged or is preferring the charges, or is unable to attend the hearing for any reason, the other officer shall appoint the substitute. If both the President and Secretary-Treasurer of the local are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Local Union Executive Board shall appoint the substitutes. Charges by, against, or involving a majority of the members of a Local Union Executive Board shall be filed with Secretary-Treasurer of the Joint Council for trial by the Joint Council Executive Board. In no event shall any involved officer or member serve on a hearing panel, participate in the selection of a substitute member of a hearing panel, or participate in the decision making process of the trial body. Whenever the words “Joint Council” appear in other sections of these Bylaws, they shall mean Joint Council or State or Multi-State Joint Council and include State or Multi-State Conferences in all matters relating to disputes and appeals where there is no chartered Joint Council.

Subsection B. Charges.

Charges shall be in writing and signed by those filing same and must be filed in duplicate with Secretary-Treasurer of the body which is to hear the charges, who shall serve the charges and notice of the hearing upon the accused either in person or by mail at least ten (10) days prior to the hearing. No hearing on any charge shall be held less than ten (10) days from the date on which notice of the hearing has been served on the parties unless all parties agree to waive this requirement. In scheduling the time and place of the hearing, due consideration shall be given to the convenience of the accused and witnesses necessary in the case. The charges must set forth the provisions of the International Constitution and these By-Laws allegedly violated and the acts which allegedly constitute such violation in sufficient detail to inform the accused of the offense charged, including, where possible, dates and places. Any charge based upon alleged misconduct which occurred more than five years before the discovery of the conduct giving rise to the charge is barred and shall be rejected by the Secretary-Treasurer except charges based upon non-payment of dues, assessments, and other financial obligations. If charges are filed, the charging party must include in the charges all alleged offenses of which he has knowledge, or, in the exercise of due diligence should have had knowledge, as of the time of the filing of the charges. He may not subsequently file additional charges based upon facts of which he had knowledge, or, in the exercise of due diligence, should have had knowledge, as of the time of the filing of the charges. No member or officer shall be required to stand trial on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded. Nor shall a member or officer be required to stand trial on charges that are substantially the same or arise under the same circumstances as prior internal Union charges against such member or officer provided that a decision was rendered on those prior charges. Charges may be preferred against a suspended member or an inactive member who has been issued a withdrawal card. In the event of non-compliance with the decision handed down by a trial or appellate body, the member, officer, or Local Union shall stand suspended from rights and privileges under the International Constitution until the provisions of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carries with it an order of expulsion, then such order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal.

Subsection C. Rights of the Accused.

Throughout the proceedings, there shall be a presumption of innocence in favor of the accused. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the panel must vote to find the charged party guilty. The accused shall have the right to present his own evidence, rebut testimony against him, present witnesses favorable to him and cross-examine adverse witnesses. The charging party, the accused, and the Local Union Executive Board may select only a member in good standing of the Local Union to represent them at a hearing conducted before any trial or appellate body. Witnesses need not be members of the Union. The hearings shall be open to other members, subject to the discretion of the Local Union Executive Board in maintaining order and in excluding witnesses except when testifying.

Subsection D. Action by the Local Union Executive Board.

A summary of the testimony and evidence introduced at the hearing shall be made and a copy of such summary shall be furnished the accused. The Local Union Executive Board shall have the authority to determine the manner of reporting the hearings and shall have the authority to exclude any method not authorized by it. Any request by a party that a verbatim record be made must be received by the Executive Board not later than five (5) business days prior to the scheduled commencement of the hearing and shall be honored. If the Local Union Executive Board decides to have a transcript or recording of the hearing made, the Local Union Executive Board shall furnish a copy of the same to the accused and to other interested parties upon payment of the cost for same, or shall make such copy available to any interested party for copying or consultation without cost.

Within a reasonable time after completion of the hearing the Local Union Executive Board shall decide the case. The decision of the Local Union Executive Board shall be in writing and contain the charges, its own factual findings, and decision, and a notice to the parties informing them of the proper body to which they may appeal, and the time within which the appeal must be filed. A copy of the decision of Local Union Executive Board must be forwarded to the parties without delay. A copy of all documents in the proceedings shall be kept available at the Local Union's principal office until final disposition is made of these charges.

Subsection E. Appeals.

Appeals shall be taken pursuant to the provisions of Article XIX of the Constitution.