BYLAWS OF
BAKERY, CONFECTIONERY, TOBACCO WORKER and GRAIN MILLERS UNION
LOCAL NO. 283G
Updated December 2008
ARTICLE I. Name,
affiliation, objects and purposes.
SECTION 1. This Local Union shall be known as Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM),
Local Union No. 283G, (AFL-CIO).
SECTION 2. (A) It shall be the object of this Local
Union to unite into one Local Union affiliated with the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union (BCTGM), regardless of
race, creed, color, nationality, religion or sex, all
workers eligible for membership, employed in and around Twin Falls, Idaho.
(B) This Local Union shall at all times strive
to secure the highest possible living standards, improved and humane working
conditions and economic security for its members.
(C) Collectively and individually the
membership is pledged to strive for the maintenance and extension of democratic
principles and to fight all forms of bigotry, prejudice, and intolerance.
(D) This Local Union shall enforce the
policies established by the Bakery, Confectionery, Tobacco Workers and Grain
Millers International Union and fulfill the purposes and objectives thereof as
set forth in the International Constitution and the laws, rules and regulations
adopted there under.
SECTION 3. These bylaws shall in all things be in strict
conformity with the International Constitution of the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union and in all cases of
conflict or absence of specification, the provisions of the International
Constitution shall govern.
ARTICLE II. Meetings: the Quorum.
SECTION 1. Regular meetings may be held on 4th Thursday
of each month.
(A) The first regular Union meeting of the
year will be in January.
SECTION 2. Seven members shall constitute a quorum.
SECTION 3. Special meetings may be called upon the
request of a duly accredited International Union Officer or representative, or
upon the written request of one-fourth of the members in good standing.
Notice of the special meeting shall be posted
at least 24 hours in advance of the meeting. The special meeting may consider
only matters listed in the call for the meeting. Emergency meetings at which no
matters will be voted upon, such as to hear noted speakers, International Union
Officials, etc., may be held at the call of the Local Union President.
ARTICLE III. Officers and Duties.
SECTION 1. The officers of this Local Union shall
consist of one president, vice president, recording secretary, financial
secretary, delegate, sergeant-at-arms; and board of trustees composed of three
members.
(A) If a salary schedule is to be established
for Local Union Officers, it must be specifically set forth in the Local Union
Bylaws. Once established, salary may be increased or decreased only by duly
enacted amendment to the bylaws.
(B) If the Local Union desires, it may have
two fiscal officers-- a financial secretary and a treasurer.
SECTION 2. The president shall preside at all meetings
and preserve order, enforce the rules and be a member of all Local Union
Committees. He shall counter-sign all checks drawn upon the Local Union
Treasury. He shall appoint all committees of the Local Union unless a different
method of appointment is specified. He shall verify by counter-signature all
applications for benefits which are due members from the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union Strike Benefit Fund. He
shall be a delegate, Ex-Officio, of the Local Union to conventions of the
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union
(BCTGM). He shall receive $200.00 per month expenses.
SECTION 3. The vice president shall assist the president
in the discharge of his duties, and fill his place in the case of president's
absence, death, removal, or resignation. He shall be a delegate of the Local
Union to the inter-factory council. He shall receive $75.00 per month expenses.
SECTION 4. The recording secretary shall keep a true
record of all proceedings of the Union. Such records or minutes shall show all
official action taken in relation to accounting and financial matters. He shall
receive, read and safely keep or refer to the proper officer or committee all
communications. He shall conduct the correspondence of the Union. He shall keep
an up-to-date list of all committees and shall be custodian of all Union
bulletin boards. He shall receive $ 35.00 per month expenses.
SECTION 5. The financial secretary shall collect and
receive all money due the Union. He shall keep a file of membership
applications and a record of members enrolled and their payments. He shall
order necessary dues cards and see that names and proper ledger numbers of
members are inscribed thereon. He shall prepare and forward to the
International Office of the Bakery, Confectionery, Tobacco Workers and Grain
Millers International Union (BCTGM) prior to the 15th day of each month the
proper reports required with the payment of moneys due. A duplicate of all such
reports shall be kept in the Local Union and reported to the membership at each
regular monthly meeting. The financial secretary shall be responsible for the
prompt preparation and submission of all reports necessary to secure for
eligible members benefits which may be due on their account from the Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM)
Strike Benefit Fund. He shall deposit all money in the name of the Local Union
in a bank selected by the Local Union. He shall make no disbursements without
the sanction of the Local Union except for recurring charges such as rent,
light, International per capita taxes and similar routine charges and salaries
in accordance with the established schedule thereof. All disbursements shall be
only by check, duly countersigned by the president. There shall be no cash
disbursements or checks drawn to "cash" or "bearer". He
shall keep a proper book of account and shall make a monthly report on money
received, paid out, or on deposit in the bank. He shall have charge of the
Union Seal. He shall receive $1.00 per member, per month. Members shall receive
one dollar per new member initiation fee, including reinstatement fee. ***If
Local chooses to have two separate offices of financial secretary and
treasurer, Section 5 would end here. The remainder would then be Section 6 and
other sections renumbered accordingly. Section 6 would then start with the
following sentence: "Section 6. The treasurer shall receive from the
financial secretary all money collected; and give a receipt there for."
Then it would continue: "He shall deposit, etc."
SECTION 7. The delegate shall serve on the Executive
Board.
SECTION 8. The sergeant-at-arms shall assist in
preserving order and shall present all applicants for membership and visitors.
SECTION 9. The trustees shall have general supervision
over the property of the Local Union, see that the financial secretary deposits
all moneys belonging to the Local Union in such bank as the Union may
designate, verify that officers and other persons connected with the Local
Union who handle funds or other property thereof are bonded as required by
applicable law and the constitution and regulations of the International Union,
and that the financial secretary makes monthly reports and payment of per
capita to the International Union. The Board of Trustees shall audit the books
and records of the financial secretary at least every six months and make a
written report of the Local Union.
SECTION 10. The president, vice president, recording
secretary, financial secretary, and delegate shall constitute the Executive
Board. **The Executive Board is empowered to act for this Local Union between
regular membership meetings. The Board shall report to
the membership at the following membership meeting all action taken between
regular meetings. It shall also serve as the trial board under these bylaws.
SECTION 11. At the termination of his or her term of
office, by expiration or otherwise, each officer shall turn over to his
successor all money, property, papers, records and books of the Union which may
be in his or her possession.
SECTION 12. Vacancies in office caused by death,
resignation or removal for cause shall be filled for the unexpired term by
majority vote of the members voting at the next membership meeting.
SECTION 13. The activities and operations of each officer
elected and serving hereunder shall be judged by the standards of the
International Constitution with special emphasis upon the provisions found in
Article XVI, LOCAL UNIONS thereof. **Many Local Unions find it desirable to
include as members of the Executive Board all trustees and the
sergeant-at-arms. Many multi-plant Locals also provide that in addition to
officers, each plant in the Local shall be represented on the Executive Board
by one member elected at each plant by secret ballot among the members there
employed.
SECTION 14. It shall be the duty of the officer of this
Local Union to make timely filing of all reports and returns which are required
by law to be made by this labor organization.
SECTION 15. No member shall be allowed to serve on two
committees at the same time.
SECTION 16. The
president, vice president, and financial secretary of this union shall serve on
the inter-factory council. The delegate
shall serve as an alternate to the inter-factory council.
ARTICLE IV. Dues and Fees.
SECTION 1. Membership dues shall include the following
financial obligations:
A. Initiation fee of $10.00.
B. Reinstatement fee of what the majority
votes. ($15.00 minimum.)
C. The monthly dues shall be $ 25.00.
D. Special fees (hereinafter referred to as
assessments) levied by the International Union or Local Union in accordance
with the provisions of the International Constitution and these bylaws.
E. Disciplinary fees (hereinafter referred to as
fines) charged against members under these bylaws for failure to attend
meetings or for other good cause.
SECTION 2. All dues shall become due on the first day of
any calendar month and become past due after the last day in any calendar
month.
SECTION 3. Any member who becomes two (2) months in
arrears with his or her dues shall be subject to pay the reinstatement fee. Any
member who becomes two (2) months in arrears with his or her dues shall be
automatically suspended from this union and where consistent with the
applicable collective bargaining agreement shall be removed from his or her
position unless the reinstatement fee is paid by the tenth (10) calendar day of
the month in which it is required to be imposed. Any member shall be in good
standing and shall have full voting privileges until he or she becomes three
(3) months seasonally inactive, in which no dues were paid. All persons not in
good standing in Local # 283 are prohibited from participating in meeting, and
may attend only when invited to do so by a vote of Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union (BCTGM) Local # 283G
membership.
SECTION 4. Assessments shall be paid when dues are paid.
ARTICLE V. Finances.
SECTION 1. The revenues of this Local Union shall be
derived from the initiation fees, monthly fees, disciplinary fees,
reinstatement fees, assessments and miscellaneous income.* *Miscellaneous
income may be derived from such matters as charges for withdrawal cards,
interest on bank deposits or bonds and money secured from sales of various
Union paraphernalia or supplies.
SECTION 2. All moneys from whatever source derived shall
be placed in the general fund, except where special segregation of funds is
specified or required.
SECTION 3. To levy an assessment in this Local Union the
following procedures must be followed:
(A) The Executive Board shall decide by
majority vote that an assessment is necessary to meet extraordinary expenses or
to provide funds for purposes authorized by the International Constitution.
(B) For at least twenty-four (24) hours* prior
to the meeting at which the question of levying an assessment will be put to a
vote, the proposal for an assessment and the time and place of the meeting at
which the vote will be taken shall be duly posted by the recording secretary on
the official bulletin boards.
(C) At such meeting a secret ballot vote shall
be conducted and the proposition for levying the assessment shall be approved
by a majority of the members in good standing voting thereon.
SECTION 4. The funds of this Union shall be used in
defraying necessary and legitimate expenses and charges of the organization and
shall not be used ever for loans, gifts, or gratuities to officers,
representatives, members, or other individuals except on the occasion of
donations, sponsorship, or acts of good will. On these exceptional occasions a
secret ballot vote shall be conducted at the regular meeting and shall be
approved by a two-thirds (2/3) majority of the members in good standing voting
thereon.
SECTION 5. All income of the Local Union shall be duly
recorded and currently deposited. No disbursement of any nature shall be made
from undeposited cash receipts.
SECTION 6. The funds of this Union shall be placed in a
substantial banking institution to be selected by the trustees and the
Executive Board, and approved by the general body.
SECTION 7. All bills payable shall be authorized by the
Union, except recurring charges such as rent, light, International per capita
taxes and similar routine charges and salaries in accordance with duly
established schedule therefore.
SECTION 8. All disbursements of the Local Union shall be
made by check, recorded on the check stub, and issued and counter-signed in
accordance with these bylaws. There shall be no "cash" or
"bearer."
SECTION 9. Appropriate books and records shall be
maintained at all times in strict conformity with the International
Constitution.
SECTION 10. The fiscal year of this Local Union shall
commence on January 1 and end on December 31 of each year.
SECTION 11. Insurance, now recommended by Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM),
may be made available by majority vote, for members of the Local Union
according to requirements for insurance.
ARTICLE VI. Elections.
SECTION 1. Nominations for officers in this Local Union
shall be made at the first regular membership meeting of each year. Elections
for such officers shall be held seven days prior to the second regular
membership meeting of each year. All nominations and elections shall be
conducted in accordance with the rules and regulations promulgated by the
General Executive Board of the International Union. Officers duly and properly elected shall
serve a term of office of one year or until their successors have been elected
and installed in office, except on cases of death, resignation or removal from
cause.*
The Financial Secretary shall serve a term of
three years, unless at the first regular membership meeting of the year there
is a simple majority vote to open the position for nomination.
*Under the International Constitution no term
of Local Union financial officers shall be elected for less than an annual
term. See Article XVI, Section 12 (C).
SECTION 2. No person shall be eligible to be a candidate
for any office in the Union unless at the time of nomination he is not
disqualified by applicable law and he has been a good standing member hereof
continuously for at least one (1) year immediately preceding such nomination or
since the chartering of this Local Union by the International, whichever is the
lesser period. These qualifications shall also apply to persons named to fill
vacancies in office. To be eligible to be a candidate for delegate to an
International Convention one shall have been a good standing member for at
least one (1) year immediately preceding such nomination or since the
chartering of this Local Union by the International, whichever is the lesser period.
SECTION 3. Members of the Board of Trustees shall hold
office for three years. However, at the first election, the candidate receiving
the highest number of votes shall serve for three (3) years; the candidate
receiving the second highest number of votes shall service for two (2) years;
and the third candidate elected shall serve for one (1) year. Thereafter one
trustee shall be elected each year.
SECTION 4. Elections shall be by secret ballot in
accordance with the applicable rules and regulations promulgated by the
International Union; and the candidate receiving a majority of votes cast shall
be declared elected. If no candidate receives a majority on the first
ballot, the second ballot shall be taken between the highest two candidates on
the 7th day following the first ballot.
(A) Elections will be held in a designated place
and on two (2) consecutive days selected by the Executive Board and shall
remain open to all members for casting of ballots from 3:30 p.m. through 6:30
p.m. on the Thursday and 5:30 to 6:30 p.m. on the Friday selected.
(B) Two most senior stewards who are available
(whose names are not on the ballot) will be assigned the duties of the
elections.
(C) The stewards shall take charge of the
ballot box and all voting material. They shall not allow spot counting of
ballots or allow anyone to tamper with said materials. They shall require all
voters to register prior to receiving a ballot, and shall challenge any voter
of his rights to cast a ballot in accordance with Article IV, Section 3. At the
close of election day, they shall turn over to the
trustees the ballot box and all unused voting materials. The ballots will be
counted by a committee selected by the president.
(D) Absentee ballots shall be available to
those scheduled to work during the hours of the election, the sick, and the
out-of-town vacationers only.
SECTION 5. Delegates of this Local Union to conventions
of the Bakery, Confectionery, Tobacco Workers and Grain Millers International
Union (BCTGM) shall be elected by secret ballot in accordance with the
applicable rules and regulations promulgated by the International Union.
ARTICLE VII. Charges: Trials: Appeals.
SECTION 1. Any member in good standing may prefer
charges against any Local Union member.* Charges must be in writing, signed by
the complainant and be sufficiently specific to permit the accused to prepare a
proper defense.
*Local officers (or former officers charged
with an offense while an officer) may not be tried before the local trial
board. See Article XXII, Section 3, of the International Constitution.
SECTION 2. Charges may be preferred for causes set forth
in the International Constitution.
SECTION 3. Charges shall be filed with the recording
secretary who shall serve a copy of same upon the accused not less than ten
days before the time set for hearing. A copy of such charges shall be
transmitted by the recording secretary to the general secretary-treasurer of
the International Union directed to his office in Minneapolis, Minnesota. The
hearing shall be before the Executive Board of the Local Union sitting as a
trial board.
If any member of the Executive Board is the
accuser, his place on the trial board shall be filled by the trustee with the
longest unexpired term*. The finding and decision of the trial board may be
appealed by the accused or accuser to the Local Union at its next regular
meeting. At all stages of the proceedings, the accuser and accused shall be
afforded every reasonable opportunity to be heard. Either accused or accuser or
both may have the aid of a good standing member of the Local Union to serve as
his spokesman. Both sides shall have the right to cross examine and to make a
summation in support of the position each has taken in the proceedings.
*If the Local Union Bylaws make Trustees
members of the Executive Board, then such vacancy should be filled by
designation from the membership.
SECTION 4. Notes shall be kept of the proceedings before
the trial board by a designated member thereof or by some person specifically
appointed by the board for that purpose. The decision of the trial board shall
be in writing and shall report the following:
(A) The written charges filed by the
complainant.
(B) A summary of the defense or explanation of
the accused.
(C) The names of the witnesses appearing in
support of the accusation and appearing in defense of same.
(D) A summary of the testimony of each witness
in support of and in defense of the charges.
(E) The factual findings of the trial board.
(F) The decision of the trial board and its
judgment for discipline, if the charges are found true in whole or in part, and
substantial; or its judgment for dismissal, if the charges are found untrue or
insubstantial. The decision and judgment of the trial board shall be the final
judgment and decision of the Union, unless appealed under Section 5 of this
Article.
SECTION 5. Either accused or accuser may appeal a
decision and judgment of the trial board to the meeting of the Local Union.
Upon such appeal the Local Union meeting shall hear the summary of the trial
proceedings prepared under the previous section of this Article, but the case
shall not be retried or the witnesses again heard. The right to appeal from the
decision of this Local Union to the International Executive Board and to the
International Convention in conformity with the constitution of the
International Union shall be available to any party adversely affected by a
final judgment of the Local Union.
SECTION 6. The above and foregoing procedures shall not
apply to suspension of or forfeiture of membership for non-payment of dues, or
to cases of automatic resignation.
ARTICLE VIII. Rights of Members.
SECTION 1. Every member in good standing of this Local
Union shall have equal rights and privileges within this organization to
nominate candidates, to vote in elections and upon other issues of the
organization, to attend membership meetings and to participate in the
deliberations and voting upon the business before such meetings; but such
rights shall be exercised with due regard for the order of the meetings and the
necessity for reasonably prompt completion of each item on the meeting agenda,
as determined by the presiding officer, the regular or special order of
business and the applicable rules of order.
SECTION 2. There shall be no infringement or
interference with any right which the International Constitution or applicable
law assures to members of this organization but every member shall be held to
responsibility toward the International Union and this Local Union as
institutions and shall be required to refrain from conduct that would interfere
with the performance of the contractual or legal obligations thereof.
ARTICLE IX. Amendments.
These bylaws of any Article or Section thereof
may be amended by a two-thirds vote of the members present at a regular
meeting, provided that the amendment has been proposed in writing, signed by
two or more members, and read aloud at one prior meeting, and duly posted by
the recording secretary on the official bulletin boards for at least fourteen
days prior to the meeting at which the question of adoption is put to a vote.
If the proposed amendment would result in an increase in the rate of dues or
initiation fees, adoption thereof must be accomplished by a secret ballot vote
at such meeting.
ARTICLE X. Obligation.
The newly elected members, before being
admitted to full membership, shall subscribe to the following obligation:
"I, (giving name)__________, solemnly
promise...to maintain the Constitution of the International Union...and the
Bylaws of this or any other Local Union...with which I may become
affiliated...as they are now constituted or may be later changed.
I promise to maintain the dignity of this organization...and to further its
objectives.
I furthermore promise that I will not join...or render aid or comfort to any
organization...hostile to the Bakery, Confectionery, Tobacco Workers and Grain
Millers...International Union...and that I will keep secret the proceedings of
this Union.
I also promise that I will, whenever possible,...purchase
only Union Label goods...and that I will patronize only those
establishments...that display Union cards and Union service buttons."
ARTICLE XI. Oath of Officers.
Before entering upon their duties, newly
elected officers shall take the following obligation:
"I, (giving name)__________, do solemnly
swear...that I will do to the best of my ability...perform duties of my office
faithfully and honorably...on behalf of the membership:
And that I will always conduct myself... in this office...according to the
strictest requirements...and standards of conscience and integrity;
And the provisions and spirit... of the Constitution of the Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union...and the
Bylaws of my local union...and that I will Carefully preserve and guard...all
union property that may be left in my charge...and that upon the expiration of
my term in office...I will turn over such property...to my duly elected and
installed successor.."
ARTICLE XII. Order of Business.
The order of business
shall be as follows:
ARTICLE XIII. Rules of Order.
The order of
business shall be as follows:
1.
The meeting called to order
2.
Roll call of officers
3.
Initiation of new members
4.
Motion to accept visitors
5.
Reading of minutes
6.
Reports of officers and committees
7.
Report of membership committee
8.
Correspondence and bills
9.
Unfinished business
10. New business
11. Good and welfare
12. Adjourn
In the absence of any duly adopted standing
rule, all parliamentary questions shall be settled by Robert's Rules of Order.
ARTICLE XIV. Delegates wages and
expenses.
(A) WAGES: Wages will be paid for the actual
number of lost time worked hours at the rate which the member would have
received had he been working. No overtime will be paid while on Union business
except for hours which normally would have been compensated at overtime had the
member been scheduled to work by Amalgamated Sugar Company. If a member is
required to attend meetings, conferences, labor school, or engage in travel on
a normal scheduled day off, the Union will pay no more than eight hours at
straight pay.
(B) MILEAGE: Mileage for out-of-town travel on
Union business will be as per IRS
guidelines.
(C) MEALS: Daily meals allowance will be as
per IRS guidelines.
(D) LODGING: Lodging, wherever obtained, shall
be paid at the daily standard commercial single room rate charged by the Safari
Best Western Motel at Boise, Idaho, plus applicable taxes. If a member is a
delegate to a convention or meeting where lodging is arranged for the body of
delegates attending, the rate paid will be the daily standard single room rate
established for all delegates.
(E) MISCELLANEOUS: Bona-fide registration
fees, admissions, charges, tuition, conference fees or similar expenses assessed members attending conventions will be
reimbursed by the Local Union. When Union fund-raisers or benefits are held in
conjunction with a conference, convention or meeting, the local will reimburse
delegates up to $10.00 each or an aggregate of $30.00 for all delegates.
Receipts for lodging and other single expenses over $ 25.00 will be provided to
the Financial Secretary upon return from the meeting or trip.
Revision Submitted By
President ________________________
Vice President
________________________
Financial Secretary
________________________
Recording Secretary ________________________
Delegate
________________________