ATU Local 880 Bylaws

                     

Local 880 Bylaws

Revised May 10, 2016 and Effective July 1, 2016

Our Principals

 

Resolved:  That we hold it as a sacred principle, that trade union Brothers and Sisters above all others should set a good example as good and faithful workers, performing their duties to their employers with honor to themselves and to their organization.

Resolved: That we hold a reduction of hours for a day’s work increases the intelligence and happiness of the laborer, and also increases the demands for labor and the price of a day’s work.

Resolved:  That we hold a liberal education of the young to be a preeminent preparation for life’s social and industrial work, and that the principles and purposes of organized labor demand free and compulsory education.

Resolved:  That we encourage and stimulate our members to take a lively interest in the civil affairs of their country in order that they can vote intelligently and effectively for the interests of the working people.

 

 Article I

 

Section 1:  The stated meetings of this Local Union shall be known as Regular, Executive and Special.  At all meetings, all questions that cannot be settled by an oral vote must be decided by a secret ballot.

Section 2:  The meeting of this Local Union will be held on the second Tuesday of each month.  The meetings will consist of two (2) sections that will be known as the A.M. and P.M. meetings.  The A.M. meeting will be called to order at 10:00 A.M., with a quorum of ten (10) members.  The P.M. meeting will be called to order at 7:00 P.M. with a quorum of twenty-five (25) members.  The President shall delegate an Executive Board member to be the Sergeant-at-Arms at the P.M. meeting.

No new business will be entertained after 9:00 P.M. except by unanimous consent.

Section 3:  Special meetings can be called if there are questions calling for a vote of the entire membership such as agreements, wage disputes, or other question of like importance.  The President shall call a special meeting when requested by one-third or more members in writing.  No business shall be transacted at a special meeting except that set forth in the call.  Proper notices stating the reason, time and place for the meeting will be posted.  Except for unusual circumstances, a reasonable time (no less than thirty-six [36] hours) will be provided before the meeting is called to order.

Section 4:  The Executive Board or any Committee shall convene at the call of the President, but such calls must be accompanied with a time and place of meeting.  The majority of the Executive Board and all standing Committees may convene at will, or at the call of their respective chairman.

In the event that the President and Vice President are both absent due to sickness or injury and are both incapable of performing their duties, the Secretary-Treasurer shall temporarily fill the office of the President and immediately have the Executive Board convene to temporarily appoint an officer to act as President and to decide whether or not the election would be necessary.

 

 Article II

Officers and Delegates

Section 1:  The officers to be elected of this Local Union shall consist of President, who shall act as Business Agent; Vice President, who shall act as Assistant Business Agent; Secretary-Treasurer, and five [5] delegates to the New Jersey State Council, namely the President, Secretary-Treasurer, one [1] Operator, one [1] Mechanic, and one [1] Field Salary shall be the Delegates to the Central Labor Unions and State Federation of Labor Convention by virtue of their office.

 

Section 2:  There shall also be elected an Executive Board of which the President shall be Chairperson, Vice President, Secretary/Treasurer, the Delegates to the New Jersey State Council and the elected shop stewards of their respective locations.

The President’s salary shall be adjusted to sixty [60] hours at the top prevailing hourly rate and adjusted to the nearest dollar weekly.  The Secretary-Treasurer’s salary shall be adjusted to fifty-five [55] hours at the top prevailing hourly rate and adjusted to the nearest dollar weekly.

Benefits as per the contract for the full time officers to be paid by the Local Union as has been past practice.

Members of Local Union 880 shall be paid a minimum of two (2) hours to a maximum of ten [10] hours pay at their top prevailing hourly rate, except election committees, and expenses of ten dollars [$10.00], for meals and ten dollars [$10.00] for travel, when engaged on Union assignments authorized by the President of the Local Union.  All hours under this paragraph will be paid at straight time.  Executive Board members [shop stewards] shall be advanced  eight-hours pay at the bus operator’s top rate a month for expenses including the delegates to the New Jersey State Council and the Vice President.

When an executive committee person or an executive board member is required to travel to another location on Union business, he or she shall be paid mileage at the prevailing rate established by the IRS for each mile, rounded off to the nearest penny.

 

Section 3:  The President and Secretary-Treasurer and all Delegates to all Conventions are to be elected at the General Elections.  The President and Secretary-Treasurer, number one [1], Operators Delegate to the State Council and the number two [2], Mechanical Delegate and the number three [3] Field Salary Delegate to the State Council will be the five [5] Delegates to the International Convention by virtue of their office. 

If the size of the membership warrants, the vice president will be the number six [6] delegate to the International Convention.

Alternate Delegates to the International Convention shall be as follows:  Vice President for the President; number four [4], Operators Alternate Delegate will be the first alternate, number five [5], Mechanical Alternate Delegate will be the second alternate to the International Convention only.

All the above positions must appear on the Local Union’s General Elections Ballot.

 

Article III

Nominations and Elections

Section 1:  The nomination of all officers of this Local Union will be opened and closed on the night designated for nominations after a reasonable opportunity is given to members to nominate candidates of their choice.  This notice of nominations shall be posted on all bulletin boards at least seven days prior to the meeting.

The nominations of officers will be held at the regular meeting in October.  The election of officers will be held on the first Thursday in December with a run-off election, if needed, to be held on the second Thursday in December.

Members to be eligible to an elective office must have been in continuous good standing for two [2] years, prior to any election.

Members nominated for office or offices at the nomination meeting must notify the Secretary-Treasurer, in writing, within seven [7] days if they decline to run.  If nominated for multiple offices, failure to notify the Secretary-Treasurer within seven [7] days will forfeit eligibility for any nominated office.

 

 

Section 2: Elections shall be under the Primary System. Where there are but two candidates for an office, the voter shall vote for one only. If there are three or more candidates for the same office, a run-off election will be needed unless one candidate receives a majority of all votes cast. Should no one receive a majority of all votes cast, then the two candidates with the highest numbers of votes shall contest in a run-off election.

 

Where two or more officers are to be elected-such a 2-3-4-etc., Delegates to conventions Shop Stewards etc. Each office shall be contested separately as position No. 1, position No. 2 etc.

At least [15] days’ notice must be given of any election and must be mailed to each local union member at their last known home address.

 

When an election of Local Union officers is held, a candidate shall have the right to have an observer at the poll at their own expense and at the counting of the ballots.

 

The voting will be at each garage.  The polls shall open at 6:00 A.M. and close at 6:00 P.M.  Interim elections to fill shop steward positions only will be done by mail using prior practice laid out in the bylaws revised in 2002.

 

All members shall go to the designated polls and vote in person, no proxies shall be allowed; but members who cannot get to the designated polling place and pensioned members can vote at any location, but must have their names cleared through the Union Office first.

 

None but the Election Board, members voting and challengers shall be allowed at the polls.  All garages are to be equipped with booths for privacy in voting. It shall be the duty of the Election Board to see that neither members nor candidates shall loiter in the polls.

 

The Secretary-Treasurer shall prepare a list of names of all members who are eligible to Vote, the same being given to the Election Board. All members are to sign their name under their printed name. There shall be a sufficient number of Tellers to see that the Election is conducted fairly and honorably.  The Tellers shall be appointed by the President.

 

When the polls have closed after the election, all ballots must be counted and tabulated in duplicate, in public places where voted. One copy of the tabulation must be posted on the Bulletin Board at the garage where voting has been done, immediately after the ballots have been counted. The other copy of the tabulation must be place in the ballot box with the ballots; the box must be sealed and bought to the Union Hall by the Election Board.

 

The Secretary-Treasurer of the Local shall preserve all ballots and records pertaining to any election of the officers of the Local Union for one [1] year.

 

Section 3:  All officers of this Local Union shall be elected for a term of three [3] years.  Newly elected officers shall assume the duties of their office on the first [1st] day of January following their election.  Installation of officers shall take place at the first meeting following announcement of the election results.

Section 4:  In order to fill vacancies that may occur in any elective office during the term, the President shall have the power to temporarily appoint a successor to fill the vacancy if required, and an election must be held within one hundred twenty [120] days if there is more than one year left on the vacancy. 

Notice will be given in the call of the meeting for nomination and will be given under Article III, Section 2.  Plurality system and secret ballot will prevail, the member receiving the majority of votes cast is hereby elected to fill the unexpired term.

Should there be no member nominated to the vacancy, the appointee shall fill the unexpired term, subject to approval by the Executive Board.

 

Article IV

Duties of Officers

 

Section 1:President’s and Business Agent’s Duties.  It shall be the duty of the President to preside at all meetings of the Local Union, to preserve order and enforce the Constitution and By Laws; to see that all officers perform their respective duties, and appoint all committees not otherwise provided for; he shall decide all questions of order, subject to an appeal to the Local Union.  He shall have a right to vote only in case of a tie, when he shall give the deciding vote.  He shall announce the results of all votes; he shall enforce all fines and penalties; he shall have the power to call special meetings when requested by a petition signed by one-third or more of the members in good standing; he shall sign all orders on the Treasury for such money as shall by the Constitution and By Laws or by vote of the Local Union to be ordered paid; sign all checks and drafts on bank and perform such other duties as the Constitution and By Laws of the Local Union may require.  The President, by virtue of office, shall be a Delegate to all Conventions. 

Section 2:  Vice President’s Duties.  It shall be the duty of the Vice President in the absence of the President to preside and to perform all duties pertaining to the office of the President and to render such assistance as may be required of him.  In case of a vacancy in the President’s office, he shall preside until the Local Union elects a President to fill the vacancy.

The Vice President will be an alternate to the President to all conventions and a member of the State Board in the absence of the President.

Section 3:  Secretary-Treasurer’s Duties.  It shall be the duty o the Secretary-Treasurer to keep a correct account of the proceedings of the Local Union, to call the roll of officers, carry on all correspondence, and perform such other duties as pertain to this office and to deliver to the Local Union at the expiration of his term of office, all property entrusted to his care.

He shall keep a true and proper account between the L.U. and its members. Collect all moneys due to the Local Union and report and post all financial reports to the L.U. at each meeting of the general membership, the amount collected.  He shall make a monthly statement of all receipts, deposits, expenditures and balances, and deliver his books to the C.P.A., as legally required for authentication.  He shall see that the L.U. is kept in good standing with the International Association, forwarding all reports to the General Office and receiving receipts for the same.  The Secretary-Treasurer, by virtue of office, shall be a Delegate to all conventions.

All moneys received by the Secretary-Treasurer for dues, initiation fees, or any source whatsoever, must be itemized in detail in a book provided for that purpose, before it is deposited in the bank.  All receipts must be entered in this book under the date upon which they are received.  All moneys belonging to the Local Union must be deposited in the bank.  A normal working day for the Secretary-Treasurer shall begin at 9:00 A.M. at the Union Hall.

Section 4:  The duties of the State Council Board members will be to attend full Board meetings of the New Jersey State Council and all contract meetings and to report back to the membership when called upon.

Section 5:  Any Officer, Executive Board Member, or Committee person who shall accept an appointment, position or transfer, permanently, temporarily or part-time to another location or position other than the one they are elected to, shall forfeit their elected position immediately providing the member is not forced through seniority or disability.

This will not debar any member or Officer, who has been elected to attend the International Convention, of which has been established under the Landum-Griffith Act.

Section 6:  Duties of the Executive Board.  It shall be the duty of the Executive Board to supervise and direct the management of the Local Union.  They shall constitute the Grievance Committee and shall investigate all disputes and controversies between the members of the Local Union and the companies, and report their findings to the regular meetings of the Local Union.

They shall have the authority to submit the results of negotiations on agreements or other matters of importance to the entire membership for a referendum vote of the members to be conducted under conditions and at times and places determined by the Executive Board.  They shall meet the first [1st] Tuesday of each month at seven [7:00] P.M.  Special meetings shall be called by the President when it is deemed necessary.  The majority of the Board shall constitute a quorum to do business.

Section 7:  The Executive Board shall recommend to the General Membership whether or not an appeal of Arbitration shall be taken in cases of dispute with management, where a member of this Local Union feels that they have been unjustly disciplined by management.

In case of Arbitration affecting our members, the matter must be referred to a referendum vote at the General Membership meeting of this Local Union and must be approved by a two-thirds majority of the votes cast.

The expense of any Arbitration case, and legal fees, will be divided equally amongst the active membership of this Local Union on a yearly basis or when deemed necessary.

Section 8:  The officers and Executive Board of the Local Union shall direct and handle the affairs of the Local Union, subject to the laws and rules of this Association and in conformity with instructions of the Local Union.  They shall be required to attend twelve [12] regular and twelve [12] executive board meetings per year.  Members who fail to attend all required meetings without being properly excused by the President or Financial Secretary, (or Vice President in lieu of the full time officer) shall forfeit their eight hours pay for that month.

 

Article V

Duties of Members

Section 1:  Members of this Local Union shall be governed as to their duties according to the International Laws governing conduct of members.

Section 2:  No member shall be allowed to injure the interest of a fellow member, by undermining him in place, wages or in any other willful act by which the reputation or employment of any member may be injured.  Discipline of a member shall be governed in accordance with the International Constitution and General Laws, Section 22.

 

Article VI

Expenses of Delegates

Section 1:  The wages and expenses of the delegates to the International Conventions shall be the same rate as International Officers as specified in the International Constitution and General Laws under Section 6.20.

Section 2:  Wages for Delegates to the New Jersey State Council shall be ten [10] hours at their top prevailing rate plus $20.00 for meals and $20.00 for travel plus all verified receipts for approved expenses.

 

Article VII

Dues and Initiations

Section 1:  The initiation fee for this local will be set at $250.00 upon approval of these by-laws and must be paid to the Secretary-Treasurer at the Union Hall of this Local Union.  All new personnel joining the Union shall pay their initiation fee within sixty [60] daysfrom the time they are qualified to perform their duties.

Section 2:  The dues for this Local shall be set at two [2] hours pay per month at the top operator’s rate, to be rounded off to the nearest dollar and adjusted in January of each year.  The sum of $2.00 per month per member will be used from the union dues for the purpose of establishing a Defense Fund.  The sum of $1.00 per month per member will be used from the union dues for the purpose of establishing a Capital Replacement Fund.

Resolved:  That Local 880 shall establish a Defense fund.  The purpose of this Defense Fund shall be to cover the cost of arbitration, contract negotiation and unfair labor practices.  The maximum amount of the fund shall be set at twenty thousand dollars [$20,000.00].  The minimum shall be set at ten thousand dollars [$10,000.00].

Resolved:  That Local 880 shall establish a Capital Replacement Fund.  This fund shall have a maximum of ten thousand dollars [$10,000.00].

Dues for pension members will be no less than the International Per Capita Tax.

When a member leaves or is furloughed and they withdraw from the Local Union, their membership ceases and they are no longer entitled to any benefits.  A withdrawal card is valid for submission for twelve [12] months after the date of issuance provided the bearer pays the Per Capita Tax for each month that the member was out of the Association and the regular dues of this Local Union from then on.

Section 3:  All requests for donations shall be governed by the Executive Board of the Local Union and the General Laws of the International Office.

 

Article VIII

Grievances

Section 1:  All grievances must take the proper steps:

            1st Step:           All grievances must be taken to the Shop Steward.

            2nd Step:          To the Business Agent or President.

            3rd Step:          To the Local Executive Board.

            4th Step:          To the General Membership.

            5th Step:          To the New JerseyState Council.

            6th Step:          To Appeal to the International Office.

 

 Article IX

Mileage of Officers

Section 1: The president will be paid at the prevailing rate established by the I.R.S. for each mile rounded off to the nearest penny for a total of 1,500 miles per month for union business.  During contract negotiations, daily mileage established will be additional.

Section 2:  Automobile insurance for President or Business Agent shall be paid by the Local and must be carried as business coverage. 

Section 3:  The Secretary-Treasurer will be paid at the prevailing rate established by the I.R.S. for each mile rounded off to the nearest penny for a total of 300 miles per month for union business.

 

Article X

By Laws

Section 1:  The By Laws and rules of this Local Union to be legal and effective, shall be read at two [2] regular meetings of this Local Union, before adoption and shall require a two-thirds [2/3] approval vote of the membership in attendance and voting at the second meeting to adopt.

The By Laws or rules so adopted shall be forwarded to the International President for approval before going into effect.

Section 2:  All matters not specifically covered by these By Laws or the International Constitution and General Laws, shall be governed by Roberts Rules of Order.

 

 Article XI

Order of Business

1.   Call to Order by President.

2.   Roll call of Officers.

3.   Reading of minutes of previous meeting.

4.   Communications and Bills.

5.   Reports of Officers.

6.   Membership appearance for grievance (where applicable).

7.   Reports of Delegates and Standing & Special Committees.

8.   Unfinished business.

9.   New business and welfare of the Local Union.

10. Nomination and election of officers (where applicable).

11. Installation of Officers (where applicable).

12. Adjournment.