BY-LAWS. and RULES OF ORDER. LOCAL UNION No. 333 ILA, AFL-CIO

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1 BY-LAWS and RULES OF ORDER of LOCAL UNION No. 333 ILA, AFL-CIO 1

2 ARTICLE I Name The name of this organization shall be Local No.333 International Longshoremen' s Association. ARTICLE II Duration This local shall not be dissolved or otherwise cease to exist as long as ten (10) active members in good standing object to its dissolution, at a meeting called to consider the question. Notification of such meeting shall be mailed to each individual member at his or her last known address specifying the date, time and place of such meeting. ARTICLE III Objects and Purposes The objects and purposes of this Local Union shall include the following: To promote the best interests of its members and their families; to organize the unorganized workers and to unite within the I.L.A. all workers within its jurisdiction; to bargain collectively on behalf of all the workers within its jurisdiction, and to negotiate, make and administer collective agreement; to improve the wages and hours of work and to increase the job security and better the working and living conditions of all the workers employed within its jurisdiction; to secure and promote the laws for the benefit of all workers within its jurisdiction and labor generally; to engage in political education and to foster civic interest among its members and labor generally; to engage in educational activities and to further educational opportunities of its members and their families; to promote health, welfare, pension, recreational and civic programs in the interests of its members and their families and the workers within its jurisdiction; to establish, maintain and operate clinics, hospitals, labor union halls and labor temples; to unite with other labor unions and other labor bodies; to assist charitable, religious and educational bodies 2

3 and institutions; to instill the spirit of patriotism and devotion to country among its members and their families and within the labor movement; to carry out and enforce the provisions of its Constitution; to publish newspapers, periodicals and other literature to aid in the carrying out of the foregoing objects and purposes; and to do all things necessary and proper, permitted by law, to carry out the foregoing objects and purposes. ARTICLE IV Seal This organization shall have a seal which shall be circular in form and have inscribed thereon International Longshoremen s Ass n. Local No. 333, Baltimore, Maryland. ARTICLE V Membership Section 1. Any person employed or seeking employment in a trade, industry or occupation within the jurisdiction of this Local Union shall be eligible to apply for membership. Section 2. All applicants for membership shall make their application in the form specified by this Local Union. Such application being accompanied by payment of the initiation fee in full and pledging to make them self available for full time work to the Local and industry. Section 3. An applicant having made their application in proper form, having paid the initiation fee, current quarter dues and either (1) having been approved by a vote of a majority of the membership present at a regular or special meeting of this Local Union and/or (2) having been registered to utilize the dispatch center and seek work in Local 333 s jurisdiction and/or (3) having been hired into full time employment in Local 333 s jurisdiction, shall be deemed a member. Section 4. Members shall encourage each other and assist one another in 3

4 performing work. They shall respect each other and refrain from making offensive and insulting remarks or using offensive language against one another. Section 5. Upon qualifying for membership, each person shall take the following oath and shall sign such oath before an Officer of this Local Union: I promise that I will uphold the By-Laws of this Local Union and any of its rules and regulations heretofore enacted by its members and will faithfully work for the best interests of this organization, and abide by the contracts and work rules of this Local Union, and I promise that I will never reveal the proceedings of this Local Union to its injury or to persons not entitled to know any of its matters or proceedings held within the confines of this Local Union. So help me God. Section 6. Any member who knowingly violates another member s seniority or the hiring hall procedures or the seniority system procedures, or who works out of category while being paid in category, or who denies another member a work opportunity by advancing an operation, will thereby subject them self to discipline under these by-laws and the Constitution. ARTICLE VI Withdrawal from Membership Section 1. Any book member of this Local Union may withdraw from book membership by presenting a written request to the Secretary Treasurer of the local, provided they have fulfilled all of their obligations up to the time of their request for withdrawal from book membership, including the payment of all dues, assessments, penalties and fines. Upon reactivation a member will be responsible for all raises in dues and/or assessments during the year of reactivation. Section 2. The withdrawal fee from book membership of this Local Union 4

5 shall be twenty-five dollars ($25.00) annually from time of withdrawal. Upon such compliance the Secretary-Treasurer will issue a withdrawal card. Section 3. All rights, privileges, duties and obligations of book membership shall be suspended during the period of withdrawal except that a withdrawn book member shall not be disloyal to this Local Union nor join or remain in any dual or hostile organization, upon penalty or forfeiture of their right to reinstatement. ARTICLE VII Dues Section 1. The annual dues rate is $ These dues will be deducted at a rate of two and one-half percent (2-1/2%) of the member s straight time hourly rate times the number of hours paid up to $ annually. Whenever dues are not paid through check-off, they shall be payable by the members (in advance) at the beginning of each calendar quarter (January, April, July and October). Section 2. The above-stated dues may be raised by a secret ballot majority vote of the members in good standing voting at a general or special meeting called upon reasonable notice stating the intention to vote on the question. Section 3. Any book member in arrears with the payment of their union dues to this Local Union for more than thirty (30) days after the end of a quarter shall stand suspended from all rights and privileges of membership. Any member who is eighty (80) days or more in arrears in the payment of dues shall be given written notice that failure to pay within ten (10) days shall mean automatic expulsion; and upon their failure to pay within such ten (10) days shall be automatically, and without further notice, expelled and dropped from the local. Section 4. Any book member whose dues are in arrears for more than 5

6 thirty (30) days shall be subject to a twenty-five dollar ($25) dues delinquency assessment. This provision does not apply to situations where dues are being checked off except after notification of any shortfall at the end of the year. ARTICLE VIII Initiation Fees and Assessments Section 1. The initiation fee for all new members shall be $2, Section 2. No assessment shall be made by this Local Union, nor shall the above stated initiation fee be raised, except by majority vote by secret ballot of the members in good standing voting at a general or special meeting called upon reasonable notice stating the intention to vote upon such question. ARTICLE IX Meetings Section 1. Regular membership meetings of this Local Union shall be held on the first Tuesday of each month at 8:00 PM. Section 2. Special meetings may be called by the President, the Executive Board or upon written request of thirty (30) members in good standing. Reasonable notice of all regular and special meetings small be given to the membership by notices posted on the bulletin boards at the union halls and dispatch center. In the case of special meetings, such notices shall set forth the business for which the special meeting is called and no business other than that stated shall be transacted at these special meetings. Section 3. In the event the President and Vice President are absent at meetings of which members have been legally notified, the members present at said meeting shall elect a chairperson to preside at said meeting. 6

7 Section 4. Forty (40) members in good standing shall constitute a quorum for the transaction of business at all meetings of this Local Union. Section 5. At all meetings of this Local Union, the Executive Board thereof or any committee thereof, the order of business shall be as follows: 1. Calling the roll 2. Reading the minutes of the previous meeting 3. Communications 4. Reports of officers 5. Reports of committees 6. Unfinished business 7. New business 8. Discussion of topics for the good of the Local 9. Adjournment The order of business as herein described may be altered or suspended by a majority vote of the book members present at such meetings. The chairperson shall, by majority vote of the book members present, without debate, determine the priority of business in the event of a motion to alter or suspend the order of business as herein described. Only members may attend a meeting of this Local Union except by invitation of the President or membership. No member shall speak upon any one subject at any meeting more than two times or for more than five (5) minutes at a time. 7

8 ARTICLE X Officers Section 1. This Local Union shall elect by secret ballot among its members in good standing the following officers: 1. President 1 2. Vice President.1 3. Secretary-Treasurer 1 4. Recording Secretary 1 5. Walking Delegate Additional Executive Board Members Section 2. No person shall be eligible for office in this Local Union, or delegate to the Baltimore District Council, or Wage Scale Committee, or Convention unless he or she has been a member in good standing and working or seeking work at the trade or craft covered by the jurisdiction of this Local Union, or employed by this Local Union or its predecessor local unions, for at least two (2) years preceding the date of his or her nomination. Section 3. All terms of office shall be for a period of three (3) years, new term to start the week of January 1. All retiring or vacating officers shall turn over to the new officers any and all documents, instruments and material in connection with said office, and shall take such steps as may be necessary to assure an orderly and proper transition. Prior to taking office, all officers shall take the oath of office to carry out their duties as such officers. 8

9 ARTICLE XI Nomination and Election of Officers Section 1. The officers of this Local Union shall be elected for a two (2) year term and shall serve until their successors have been elected and installed. Section 2. No person shall hold nor be paid for more than one office, in this Local Union, at the same time. Section 3. Officers of previous years shall be eligible for reelection. Section 4. At the regular meeting in November, in the election year, candidates for all elective offices shall be nominated from the floor. Notices of the nominations meeting and the general election shall be sent to all members at their last known addresses at least fifteen (15) days prior to the nominations meeting and the general election. Section 5. During nominations, the President shall step down from the chair, after appointing a temporary chairperson to conduct the acceptance of nominations. After nominations are closed, the President shall resume the chair. After the President has resumed the chair, a qualifications committee shall be appointed to ascertain whether the nominees are members in good standing with this Local Union and are eligible for nomination to office. The President shall also appoint ten (10) members to act as judges and supervisors of the election with the approval of the body present. Section 6. All members in good standing shall be permitted to vote in any election. Voting shall be in person and each member s dues card shall be appropriately stamped at the time the member votes. Section 7. Candidates must accept nominations at the time made, either in person, or if absent, in writing within a five calendar day period of time of the nominations meeting. Reasons for absence shall be limited to 9

10 emergencies. Section 8. The election of officers will be held by machine ballot vote. Not less than fifteen days prior to the election, notice thereof shall be mailed to each member at their last known address, setting forth that the election of officers shall take place. Each candidate shall be permitted to be represented at the voting and at the counting of the ballots by an observer of their own choice. The judges shall be in attendance during the entire time that the voting is in progress and until the outcome of the vote has been certified and the decision published. All election records shall be maintained by this Local Union for a period of at least one (1) year. The judges shall maintain order and have the authority to assure an orderly election. Section 9. The time and the place at which the election will be held shall be determined at the meeting for nominations. The date must be at least fifteen (15) days after a notice is sent to the membership, per article XIII, section 1(b) of the ILA Constitution. Section 10. In the event of a tie vote for any office, there will be a run off election for that office, held between the candidates that tied. This vote will be held by secret ballot, at least fifteen (15) days after notice is sent to the membership, per article XIII, section 1(b) of the ILA Constitution. This vote will be held between the hours of 7:00 A.M., through 1:00 P.M. Section 11. In the event of the death, resignation, withdrawal, retirement, suspension or expulsion of an officer or a vacancy in an office other than for President between regular elections for any reason, the Executive Board may nominate a member, qualified under Section 2 of this Article, to temporarily act pending nominations and an election to fill the vacancy in accordance with the foregoing procedures. Section 12. Should an election be disputed by the filing of a protest with the Secretary-Treasurer, the local Executive Board shall appoint a committee of five members in good standing to investigate the dispute 10

11 and report their findings to the Executive Board for adjudication. All elections shall be final unless a written petition contesting the election is filed within ten (10) days from the date of the election. Such petition shall set forth the reasons for the protest. ARTICLE XII Salaries of Officers The full-time officers salaries shall be set by the membership. For the faithful performance of his or her duties, the Recording Secretary shall receive a part-time salary computed on the basis of eight hours straight time at the foremen s rate for each meeting (monthly meetings, Executive Board meetings, and special meetings) attended. If the Recording Secretary is asked to perform extra duties other than for his or her own office (by the Secretary-Treasurer, with the approval of the President), the Recording Secretary will be paid straight time at the foremen s rate for all time spent on those duties. Article XIII Powers and Duties of Officers President Section 1. The President, a full-time officer, shall preside at all meetings of the Local Union, and the Executive Board thereof and shall countersign all checks when signed by the Secretary-Treasurer. The President shall enforce the provisions of the ILA Constitution and the By-Laws of the Local Union. The President shall be a member of the Wage Scale Committee and International Convention Delegate by virtue of his or her office, and shall appoint and be an ex-officio member of all committees not otherwise provided for and have such other powers as are usual to the President s office. Vice President Section 2. The Vice President shall assist the President and all other officers in the operation, functions, or any business matters of this Local 11

12 Union. The Vice President, a full-time officer, shall preside at meetings in the absence of the President, and shall perform other duties as are required by the ILA Constitution and these By-Laws. In case of the inability of the President to serve or in the event of the death of the President then the Vice President shall serve the remainder of the President s term. The Vice President shall faithfully carry out any duties which are assigned to him or her by the President. The Vice President, by virtue of his or her office, shall be a member of the Wage Scale Committee and International Convention Delegate. Secretary-Treasurer Section 3. The Secretary-Treasurer, a full-time officer, shall keep strict account of all monies received and expended by this Local Union. He or she shall deposit all monies received in the bank or banks approved by the membership. He or she shall have the custody of the seal of this Local Union and all of its books, records and papers. He or she shall have the power to sign and affix the seal to official documents. The Secretary- Treasurer shall present to the membership a complete statement showing the financial and general condition of this Local Union. He or she may call upon the Recording Secretary to assist them in any of his or her duties. The Secretary-Treasurer shall issue no check or pay any money out of this Local Union s accounts without the approval of the President. All checks signed by the Secretary-Treasurer must be counter signed by the President. The books and accounts kept by the Secretary-Treasurer shall be audited by a Certified Public Accountant annually; such auditor shall be selected or appointed by the membership. No promissory notes or negotiable instruments shall be signed, made or issued on behalf of this Local Union except for bona fide obligations of this Local Union and that only upon the signatures of both the President and the Secretary- Treasurer. Recording Secretary Section 4. The Recording Secretary shall attend all meetings of the Local Union and keep a record of business transacted thereat. He or she shall call the role of officers and keep a correct record of their attendance. The 12

13 Recording Secretary shall sign the minutes of previous meetings as confirmed by the Local. The Recording Secretary shall sign the minutes of previous meetings as confirmed by the Local. The Recording Secretary shall be a part-time position. He or she shall attend all regular monthly meetings, Executive Board meetings, monthly Baltimore District Council meetings and special meetings. The Recording Secretary shall assist the Secretary Treasurer when needed. Walking Delegate Section 5. The Walking Delegate shall be a full time officer of this Local Union and shall settle all disputes at the pier or terminal level. He or she shall determine if members are in good standing and enforce union rules, working conditions and the provisions of the collective bargaining agreement. The Walking Delegate shall do any and all things to assist the membership and carry out the orders and directions issued by the President, and/or the Executive Board. Sergeant At Arms Section 6. The Sergeant At Arms, who shall not be an officer, shall be appointed by the President for such period as the President shall prescribe. He or she shall preserve order at all meetings of this Local Union and carry out the instructions of the official presiding at such meetings and perform such duties which may be given to them by the President, and/or Executive Board. The membership may provide compensation for carrying out the duties assigned them by the President and/or Executive Board. Chaplain Section 7. The Chaplain, who shall not be an officer, shall be appointed by the membership and shall perform the normal functions of a chaplain. The membership may provide compensation for the faithful performance of his or her duties. 13

14 ARTICLE XIV Executive Board Section 1. The Executive Board shall be composed of the President, Vice President, Secretary-Treasurer, Walking Delegate, Recording Secretary, and 5 additional Executive Board members. Section 2. The Executive Board shall be the highest governing body of this Local Union between membership meetings and shall exercise general supervision over its property and affairs. All decisions of the Executive Board shall be subject to the approval of the membership at the first meeting following such decision. Section 3. A majority of the members of the Executive Board shall constitute a quorum for the transaction of business. Section 4. The Executive Board shall meet at such times as it deems necessary or upon call of the President, but at least once each month at a time and place which it or the President may fix. Section 5. The President, or in his or her absence, the Vice President, or in his or her absence, the Secretary Treasurer shall preside at all meetings of the Executive Board. Section 6. The Executive Board shall hear and determine all charges for discipline against any member or official of this Local Union. The Executive Board shall further have all powers appropriate to carry out the duties granted to it by this By-Laws. Section 7. For the faithful performance of their duties at Executive Board meetings the Five (5) Executive Board members shall receive a day s wages at the prevailing rate but only if they attend the meeting. 14

15 ARTICLE XV Discipline Section 1. (a) The term discipline when used in this Section shall include, without limitation, a fine, removal from office or job, disqualification to run for office or suspension or expulsion from membership. (b) Any member, officer, or representative of I.L.A. Local No. 333, shall be subject to discipline who is found guilty, after notice of and opportunity for hearing upon charges, as provided for in this Article, of violating any provision of these By-Laws, or the Constitution of the I.L.A., or a decision of the I.L.A. Executive Council or of their Local Union, District Council, or District Organization, or of dishonesty, misconduct or conduct detrimental to the welfare of the I.L.A. (c) No person shall be eligible for nomination, or election for office, or representative, or serve on any committee of Local No. 333, or remain in office after he or she has been found guilty after due trial in local or federal court, of any of the offences proscribed in Section 504 of the Labor Management Reporting and Disclosure Act (LMRDA), 29 USC 504, for a period of thirteen (13) years. Section 2. Disciplinary proceedings may be initiated by any member of this Local Union, by filing written charges, within ninety (90) days after the event giving rise to the charges, specifying by article and section in violation, the action or conduct with which the accused is charged with the Secretary Treasurer of this Local Union. The Secretary Treasurer shall submit such charges to the Executive Board, and shall promptly transmit a copy of the charges to the accused. The Executive Board shall fix a time and place for a hearing on the charges, and the Secretary-Treasurer shall send to the accused at least ten (10) days prior to the hearing, written notice setting forth the time and place, which time may be extended by the Executive Board for good cause shown. The hearing shall be held before the Executive Board or, if the Executive Board so decides, before a Trial Committee appointed by the Executive Board. 15

16 Section 3. At the hearing on the charges, the accused shall have the right to appear; produce and cross examine witnesses and be represented by any member of this Local Union in good standing, designated by them for that purpose. Section 4. The Executive Board shall have the power to subject a member to discipline after the hearing on the basis of the findings made by it or by the Trial Committee appointed by it. Section 5. Appeals from the decision of the Executive Board may be taken in accordance with the Constitution of the I.L.A. The decision of the Executive Board on any charges shall be final and binding, unless reversed or modified on such appeal. Section 6. Any member who, after hearing held pursuant to this Article, has been found guilty of disrupting a union meeting shall be subject to a hundred ($100) fine. The member shall be obligated to pay any and all fines within thirty (30) days. ARTICLE XVI Amendments to the By-Laws An amendment to these By-Laws may be proposed by the Executive Board or any thirty (30) members in good standing. Such proposals shall be submitted to the Secretary-Treasurer in writing and be signed by all of the members proposing the amendment. The Secretary-Treasurer shall read the proposed amendment at the next regular meeting of this Local Union, and it shall thereafter be posted on the bulletin boards and other conspicuous places. The amendment shall be voted on by the membership at the next succeeding regular meeting of this Local Union. Approval by a majority vote of the members present at such meeting shall be required for the adoption of the amendment. 16

17 ARTICLE XVII Voting Any resolution submitted at any regular or special meeting shall be passed by the vote of the majority of the members present and entitled to vote. ARTICLE XVIII Committees and Members of the Baltimore District Council Section 1. In addition to the committees authorized in these By-Laws, the President may appoint such committees which in his or her discretion they deem necessary for the good and welfare of this Local Union. Section 2. All full-time officials, and the Recording Secretary by virtue of their offices, shall be eligible to represent the local at meetings of the Baltimore District Council. ARTICLE XIX Collective Bargaining Agreements The Wage Scale Committee of the Baltimore District Council and Wage Scale Conference Committee of this Local Union shall have the power to negotiate and enter into agreements with employers covering this Local Union. Such agreements shall be subject to the approval of the membership of this Local Union at a regular or special meeting or vote called in the usual and customary manner. The President and Vice President, by virtue of their offices, shall be on this committee as well as three other members chosen by the membership by secret ballot in a special election held for that purpose. The term of the three additional members of the Wage Scale Committee shall be for the length of the contract with a day s pay at the prevailing rate for each day worked on the committee. Any interim vacancies on the Wage Scale Committee shall be filled by the President with the approval of the Executive Board. 17

18 ARTICLE XX Strikes There shall be no strikes by members of this Local Union except in accordance with Article XXI of the Constitution of the I.L.A. ARTICLE XXI Rules of Order Section 1. When the President takes the Chair the officers and members shall take their respective places, and at the sound of the gavel all shall be silent. Section 2. No member shall leave a meeting of this Local Union after the opening without the permission of the president officer. Section 3. Everyone shall, when speaking, confine them self to the subject under discussion, avoid all personalities and indecorous language, rise and respectfully address the Chair, and shall not speak more than once nor more than five (5) minutes on the same subject until all the members wishing to speak shall have had an opportunity to do so, nor more than twice without permission from the Chair; and a member shall not disturb them in their speech, unless on a point of order. Section 4. The Chair shall decide all questions of order, which shall be final, unless appealed from them to the Local, when the questions shall be Shall the decision of the Chair by sustained? The member will then have the right to state the grounds of their appeal, and the Chair will give reason for its decision; thereupon this Local Union will proceed to vote on the appeal without further debate. Section 5. If a member, while speaking be called to order, they shall cease speaking and take their seat until the question of order is determined by the Chair. 18

19 Section 6. Every member present in good standing shall vote on any resolution before the Local unless they are personally interested in the results, or have been excused by the Chairperson. Section 7. The yeas and nays shall be recorded on any question when called for by five (5) members in good standing. Section 8. A motion to adjourn is not in order until the regular order of business, as prescribed by these By-Laws, has been taken up and disposed. Section 9. A member shall not speak to another or otherwise interrupt the proceedings of this Local Union while the minutes or other papers are being read, or when any member is speaking in debate. Section 10. A motion shall not be subject to debate until it has been seconded and stated by the Chairperson. ARTICLE XXII Oath of Officers All officers upon assuming office to which they were elected or appointed shall take the following oath: I do solemnly pledge my word and honor to perform the duties of office to which I have been elected as prescribed by these By- Laws and to uphold the Constitution and By-Laws and further the interests of this Local Union to the best of my ability. To all of which, President and Local No. 333 I.L.A., I pledge my sacred honor. 19

20 ARTICLE XXIII Adherence to By-Laws It is expected of every member of this Local Union, that in the interest and the protection of each and every member, that they strictly and faithfully adhere to the foregoing By-Laws of this Local Union. ARTICLE XXIV Adherence to Constitution These By-Laws are subject to the ILA Constitution. To the extent that any provision in these By-Laws conflicts with the ILA Constitution, the ILA Constitution shall control. If any matter is not covered in these By-Laws, it shall be covered by the applicable provisions of the ILA Constitution. 20