BYLAWS DECLARATION OF OBJECTS, PURPOSES AND PRINCIPLES

Transcription

1 BYLAWS DECLARATION OF OBJECTS, PURPOSES AND PRINCIPLES We, the members of OPERATING ENGINEERS LOCAL 302, 302A, 302B, 302RA, 302C, 302D, 302E and 302O of northwest Washington and the state of Alaska, in order to solidify and perfect a more useful and beneficial Union and to promote the welfare of our membership, do hereby declare the following: SECTION 1. Whatever right belongs to one member belongs to all members alike without regard to race, creed, color, sex, religion, age or national origin so long as they remain in good standing in the Local Union, except as otherwise provided for in the International Constitution or in the Bylaws of this Local Union. SECTION 2. To regulate ourselves and the affairs of our Local Union so that it may reflect honor and dignity on each of us and, in support thereof, to attend all district and regular membership meetings. SECTION 3. The right of every member to receive just and fair remuneration for his services that he may have sufficient time for mental and physical relaxation. SECTION 4. To more closely cement the interests and relationship of the members of Operating Engineers Local 302 and its subdivisions, the International Union and its subordinate bodies. SECTION 5. By all just means to promote harmonious relations with and earn the respect of our employers by exercising due care and diligence in the performance of our duties. SECTION 6. To encourage all members and their families and all working men and women to actively participate in the political life of their respective communities and to register and vote. SECTION 7. To assist organized labor in every lawful way in the achievement of all of its legitimate objectives. SECTION 8. To support ideas, causes, programs and policies, insofar is it is lawful so to do, which ideas, causes, programs and policies in the opinion of this Local Union will

2 or may aid or assist directly or indirectly in securing or improving the wages, rates of pay, hours of labor and other conditions of employment of its members, all employees and working men, women and minors, the general welfare of its members and the standing of this Local Union. SECTION 9. Since it is recognized that the special problems with which this Local Union is now and has for many years been accustomed to deal and the functions with which this Local Union now and for many years has been accustomed to exercise and not limited to organizing and collective or other bargaining but encompass a broad spectrum of economic and social objectives, purposes and principles, some of which have been set forth in the aforegoing and others which this Local Union may from time to time determine, we, the members of this Local Union, declare and assert that the participation of this Local Union, its members, officers, Local Union Executive Board members, representatives, agents and employees under its direction or at its request individually or in concert with other organizations in the pursuit and attainment of the objects, purposes and principles of this Local Union and the expenditure of any of its funds for such purposes or in these Bylaws authorized are and each of them is for the sole benefit of this Local Union and its members. SECTION 10. The objects, purposes and principles stated in each clause shall, except where otherwise expressed, be in nowise limited or restricted by reference to or inference from the terms or provisions of any other clause but shall be regarded as separate objects, purposes and principles. SECTION 11. Based on the above enumerated objects, purposes and principles, we, as a Local Union, are determined to use every lawful means at our command to promote the best interests of our members and have adopted the following Bylaws: ARTICLE I Name, Jurisdiction and Districts SECTION 1. This Union shall be known as the International Union of Operating Engineers Local No. 302, and shall consist of the parent Local 302 and its subdivisions and shall operate under the District Form of Government. The territorial jurisdiction shall be that jurisdiction granted by the International Union of Operating Engineers, inscribed on the charter as issued or as subsequently amended by the International Union of Operating Engineers, and shall be divided into eight (8) districts, described as follows: No. 1 King and Snohomish Counties No. 2 Island, San Juan, Skagit and Whatcom Counties No. 3 Clallam, Jefferson, Kitsap, Mason and Grays Harbor Counties No. 4 Chelan County and that portion of Douglas and Okanogan Counties lying west of the 120th Meridian No. 5 Kittitas County and that portion of Yakima County lying west of the 120th Meridian No. 6 Anchorage, Alaska area No. 7 Fairbanks, Alaska area No. 8 Southeastern Alaska area

3 The district lines enumerated above may be changed from time to time by the Local Union Business Manager with the approval of the Local Union Executive Board to conform to special local conditions. ARTICLE II Diminution of Territorial Jurisdiction The territorial jurisdiction of this Union shall not be diminished nor shall any other charter be issued for any other Local Union within Local 302 s present jurisdiction except upon the order of our General President, General Executive Board or General Convention and in conformity to the Constitution of the International Union of Operating Engineers, nor shall Local 302 petition the General President or General Executive Board for any other Hoisting and Portable charter to be established within our present jurisdiction without first taking a mail referendum vote by all the members in good standing of Local 302 and its subdivisions and a two-thirds vote of all said members cast in favor thereof. ARTICLE III Duties of Members SECTION 1. In addition to the duties required by the Constitution and Ritual, every member will be required to conform to and abide by the hours, wages and conditions of employment provided for in agreements negotiated by this Local Union. No member may enter into an individual or personal contract or agreement with his employer which serves to lower wages, hours or conditions of employment negotiated by this Local Union. SECTION 2. (a) No member shall engage in conduct discreditable to this Local Union. (b) No member shall fail to observe and follow nondiscriminatory procedures and regulations governing employment, transferral and layoff. (c) No member shall be intoxicated on the job or in or about an employment office of the Local Union or at a district or Local Union meeting. (d) No member shall willfully damage machinery or equipment. (e) No member shall leave a job without giving due notification to his employer and the Local Union. (f) No member shall leave equipment while in operation during working hours without being properly relieved. (g) No member shall discuss Union affairs or publicize Union affairs outside the members of the Local Union. (h) No member shall refuse to comply with lawful orders of the Local Union. (i) No member shall accept employment contrary to nondiscriminatory hiring procedures and regulations.

4 (j) No member shall refuse to show his dues book, card, receipts or job dispatch slip when requested to do so by a representative or job steward. (k) No member shall fail to report to the Local Union known violations of contract. (l) Each member shall become familiar with the Constitution and Bylaws and the working rules in the specific contract under which he is working. (m) Each member shall keep an accurate record of time worked and wages earned and received. (n) No member shall fail to make a claim for shortages in wages, overtime, subsistence and travel time within thirty (30) days after pay day. (o) Members shall immediately notify the Recording-Corresponding-Financial Secretary of any change in their current address. (p) No member shall willfully engage in slander or libel where such slander or libel is contrary to the responsibility of every member toward the Organization as an institution or specifically interferes with the Organization s performance of its legal or contractual obligations. SECTION 3. Members found guilty of violating any of the foregoing duties will be subject to discipline in accordance with the applicable procedures of the International Constitution and this Local Union s Bylaws. ARTICLE IV Requirements for Membership SECTION 1. Each person desiring membership shall apply therefore by completing and signing the form of application adopted by this Local Union for such purpose and pay the initiation fee as set out in Article XIII. SECTION 2. He is elected to membership by a majority vote of the Local Union Executive Board. SECTION 3. When an application for membership is rejected, the money paid on initiation fee shall automatically be refunded. SECTION 4. No person shall be denied membership on the basis of race, creed, color, sex, religion, age or national origin. ARTICLE V Elective Offices SECTION 1. The officers of this Local Union shall consist of Business Manager, President, Vice President, Recording-Corresponding-Financial Secretary, Treasurer, three (3) Executive Board Members, three (3) Trustees, three (3) Auditors, Conductor and Guard. The offices of Financial

5 Secretary and Treasurer shall not be held by the same person. SECTION 2. The term of all officers shall be for a period of three (3) years, except that when and if permitted by applicable law, the term of office may be four (4) years. SECTION 3. The duties of the Constitutional Elective Officers shall be as provided in the International Constitution. SECTION 4. If any vacancy occurs in any office, it shall be filled in accordance with Article XXIV, Subdivision 1, Section (f) of the International Constitution. ARTICLE VI Local Union Business Manager SECTION 1. The Local Union Business Manager shall direct and conduct the affairs of the Local Union and represent all members of Local Union 302 and its subdivisions. SECTION 2. Specifically but not in limitation of his general powers and duties: (a) He shall direct for this Local Union the negotiations of all agreements with employers and shall enforce each such agreement fully through his staff. (b) He shall be in direct charge of all representatives and office employees and vested with full authority to employ, discharge and set salaries and allowances of same and should he discharge any such employee, then said employee shall not be reemployed or paid by the Local Union in any capacity during the term of office of such Business Manager unless his prior approval has been given. (c) He shall employ such legal counsel, certified public accountants and other personnel as he may deem necessary or advisable. (d) He shall have the power to appoint or remove, with the consent of the Local Union Executive Board, delegates to the various councils, delegates or representatives to various organizations to which this Local Union is entitled to send delegates or on or in which it is entitled to representation, trustees of all trusts whose trust agreements authorize this Local Union to name or appoint trustees. (e) When in the judgment of the Local Union Business Manager it shall be necessary, proper, advisable or desirable to protect, preserve, secure or advance the interests, objects, purposes and principles or any of them of this Local Union, (i) Except when inconsistent with an order or directive of the International Union, he is authorized on behalf of this Local Union to initiate legal or administrative proceedings, actions or suits and to defend this Local Union in any legal (civil or criminal) or administrative proceeding, action or suit which in his judgment may be necessary, proper or desirable to protect, preserve, secure or advance the interests, purposes, objects and principles of this Local Union;

6 (ii) He is authorized, upon affirmative vote of the Executive Board, to pay all expenses for investigative services, employment of counsel, and other necessary expenditures in any cause, matter, case, or cases where a Local Union officer, representative, employee, agent or one alleged to have acted on behalf of the Local Union is charged with any violation of any law or is sued in any civil action with respect to any matter arising out of his official duties, except if such officer, representative, employee or agent is charged with a breach of trust to the Local Union or any member thereof, in which event he may be indemnified only if the action is terminated favorably to him. (iii) He is further authorized on behalf of this Local Union with the advice and consent of the Local Union Executive Board to compromise and settle any such legal (civil) or administrative proceeding, action or suit hereinabove referred to and to pay out of the funds of this Local Union all or any part of such compromise or settlement and any judgment or decree. (f) To all conventions and conferences to which the Local Union is entitled to send a delegate, he shall be a delegate and attend. (g) He shall be a member of all boards of trustees on which the Local Union is entitled to representation. (h) He shall incur such expense as may be necessary, proper or advisable in the carrying out of his duties and shall cause all salaries and other current expense to be paid. (i) He shall, insofar as in his opinion it is necessary or advisable, approve or authorize the incurrence of expense of and by all representatives, agents and other employees of the Local Union. (j) With the advice and consent of the Local Union Executive Board, he shall purchase such policies of insurance as in his judgment are necessary, proper or advisable. (k) He shall do and perform all acts, whether or not expressly authorized herein, which he deems necessary, advisable or proper for the protection of the property of this Local Union and for the benefit of this Local Union and its members. (l) The Local Union Business Manager may be delegated such other duties as the Local Union or the General President may deem advisable or necessary. (m) The actions of the Business Manager shall be consistent with the International Constitution and shall be reviewable by the Executive Board of this Local Union at its next subsequent regular meeting or at any specially called meeting for that purpose and may by majority vote be revoked. SECTION 3. The Local Union Business Manager shall be elected at the regular election of officers by the entire membership of this Local Union and its subdivisions. His term of office shall be for three (3) years, except that when and if permitted by applicable law, the term of

7 office may be four (4) years and shall commence at the same time as the term of all officers of this Local Union. SECTION 4. The Local Union Business Manager s salary shall be no less than twenty (20) percent a year more than the highest paid representative and shall be set from time to time by the Local Union Executive Board. In addition, he shall receive all of his actual expenses and such other allowances as the Executive Board may from time to time set or designate. ARTICLE VII Executive Board SECTION 1. This Local Union shall establish an Executive Board which shall be known as the Local Union Executive Board composed of its Local Union Business Manager, President, Vice President, Recording-Corresponding-Financial Secretary, Treasurer and three (3) members of Local 302 who shall be elected for a term of three (3) years. A quorum to conduct business shall consist of a majority of the board members. SECTION 2. The Executive Board shall be the policyforming tribunal of the Local Union. SECTION 3. By affirmative vote, the Executive Board may authorize the payment of all expenses for investigation services, employment of counsel and other necessary expenditures in any cause, matter, case or cases where an officer, representative, employee, agent or one alleged to have acted on behalf of Local 302 is charged with any violation of any law or is sued in any civil action with respect to any matter arising out of his official duties, except if such officer, representative, employee or agent is charged with a breach of his trust to Local 302 or any member thereof, in which event he may be indemnified only if the action is terminated favorably to him. SECTION 4. All powers of regular meetings of the Local Union when in session shall, when the same are not in session, pass to and are vested in the Executive Board. In addition to the powers generally conferred by the Constitution, the Local Union and its Executive Board shall assume and exercise all powers pertinent to the Local Union or the Executive Board as provided in Article XXVI, Section 1 and Section 2, entitled: District Administration Form of Local Union Government of the International Constitution. All acts of the Local Union Executive Board shall be reviewable by the members of the Local Union at the next subsequent regular membership meeting of the Local Union, and may by majority vote of the members present be revoked. SECTION 5. The Executive Board shall meet as often as necessary and not less than once every month or at the call of the President. ARTICLE VIII Job Steward SECTION 1. When, as and if the Local Union Business Manager determines that a Job Steward is, or Job Stewards are, necessary or advisable on a job or project, such Job Steward or Stewards shall be appointed by him.

8 SECTION 2. (a) The Job Steward s duties, functions and responsibilities are limited to receiving complaints from the members, checking the job for violations of Agreement, Health and Safety, investigating and reporting to the appropriate representative or Local Union Business Manager. (b) The Job Steward has no authority to seek adjustment of violations of the Agreement or of the Constitution of the Union nor shall he purport to have the authority or be deemed to have the authority, nor shall he act to cause or attempt to cause in any fashion whatsoever, any person, whether employee, supervisor, or employer, to take any action, or any person to cease from any action in violation of, or in furtherance of, the Agreement or the Constitution of the Union, but the Job Steward shall, instead, report to the representative of the Union servicing the job or project for appropriate action. He may under no circumstances (except with written permission of the Business Manager and under the supervision of the District Field Representative) collect any money due or payable to the Local Union from any member or applicant for membership or any other person. SECTION 3. A Job Steward who fails to carry out his duties or exceeds his authority may be summarily suspended from his position as Job Steward by the Local Union Business Manager. ARTICLE IX Bonding It shall be the responsibility of the Local Union Business Manager to see that all persons who handle funds or other property of the Local Union shall be bonded for the faithful discharge of their duties in such amount, and as otherwise required by applicable law. The expense of such bond shall be paid by the Local Union. ARTICLE X International Convention Delegates SECTION 1. Delegates to the International Convention shall be elected in the same manner as provided in Article XV: (a) Eligibility shall be the same as that for any other elective office except that of Local Union Business Manager, and excepting further that the membership in subdivisions A, B, RA, C, D, E, and O shall be equivalent to membership in the parent Local Union. (b) Nominations will be held in district meetings during the month of January. (c) Elections will be held during the month of February. (d) The Election Committee of not less than three (3) members shall be constituted at the Union s December meeting preceding the election. (e) Each nominee shall have the right to list his office, position or employment after his name on the ballot. (f) The Local Union Business Manager and the Recording-Corresponding-Financial Secretary, by virtue of their offices, shall be delegates and attend.

9 ARTICLE XI Trials Members SECTION 1. All charges against a member shall be filed in accordance with the provisions of the International Constitution. All charges must be preferred in writing and signed by the complainant. Charges must be filed within thirty (30) days of the event or circumstance giving rise to the charge, or within thirty (30) days of learning of the event or circumstance, whichever is later. SECTION 2. All charges shall be read at the next succeeding regular district meeting following the filing of the same in the district in which the offense is alleged to have been committed. SECTION 3. At the conclusion of the presentation of the respective cases by the parties or their counsel, the President shall proceed as provided in the International Constitution, and the vote of the members present, who are not suspended as of the date of the meeting for nonpayment of dues, on the question of guilty or not guilty shall be taken as provided in the International Constitution, and if the party charged is found guilty, the penalty shall be prescribed by the President in accordance with the provisions of the International Constitution. SECTION 4. All proceedings not herein covered shall be in accordance with the International Constitution, and such membership action as is therein provided shall be taken by the members present at the district meeting at which the action is taken. ARTICLE XII Trials Officers, Local Union Business Manager and Paid Employees SECTION 1. All charges against an officer, the Local Union Business Manager or a paid employee of the Union who is a member of the Union, shall be filed in accordance with the provisions of the International Constitution. All charges must be preferred in writing and signed by the complainant. Charges must be filed within thirty (30) days of the event or circumstance giving rise to the charge, or within thirty (30) days of learning of the event or circumstance, whichever is later. SECTION 2. All such charges shall be read at the next succeeding meeting in District No. 1 following the filing of the charges. SECTION 3. The trial date shall be the next succeeding regular semi-annual meeting of the Local Union following the filing of the answer or defense or the entering of a plea in accordance with the provisions of the International Constitution. SECTION 4. At the conclusion of the presentation of the respective cases by the parties or their counsel, the President shall proceed as provided in the International Constitution, and a vote of the members of Local 302 or any of its subdivisions present, who are not suspended as of the date of the meeting for nonpayment of dues, on the question of guilty or not guilty shall be taken as provided in the International Constitution, and if the party charged is found guilty, the penalty

10 shall be prescribed by the President in accordance with the provisions of the International Constitution. SECTION 5. All proceedings not herein covered shall be in accordance with the International Constitution, and such membership action as is therein provided for shall be taken by the members present at the regular, semi-annual meeting at which the action is taken. ARTICLE XIII Initiation Fee and Dues SECTION 1. The initiation fee of each applicant for membership shall be: Local $ Local 302A Local 302B Local 302RA Local 302C Local 302D Local 302E SECTION 2. When a member transfers from one subdivision to another subdivision with a higher initiation fee or into the parent Local, he shall pay the difference between the lower and higher initiation fee before the transfer shall take effect. SECTION 3. An applicant for membership may pay his initiation fee in full at one time or in installments of not less than one-sixth the initiation fee each month. In the event an applicant for membership elects to pay his initiation fee in installments, he shall pay Applicant Service Dues until his initiation fee has been paid in full. Failure to comply with the installment payments when due may cause forfeiture of monies paid. In the event an applicant initiation fee is returned to him in whole or in part, for any reason, no Applicant Service Dues paid by him shall be refunded. SECTION 4. Applicant and Travel Service Dues shall be payable at $5.00 per week plus any amount paid by member as administrative, supplemental or working dues. SECTION 5. The monthly dues are the minimum set by the International Constitution voted by the delegates at an International Convention. (a) The membership in the State of Washington voted to create a strike fund. This section pertains to the membership of IUOE Local 302 in the State of Washington. The amount of monies contributed to the fund shall be determined by a majority vote of participating members. SECTION 6. Member working dues shall be the sum of two percent (2%) of gross wages paid to them and will be effective for all agreements negotiated by the Local. SECTION 7. In any specific organizing campaign, the Executive Board shall have the authority, subject to the provisions of the International Constitution and the approval of the General President to waive the Applicant Service Dues or to set a lower initiation fee or both if in their

11 opinion it is necessary, proper or advisable under the circumstances to secure or attain the objects, purposes and principles or any of them of this Local Union. SECTION 8. A member of the parent Local or any of its subdivisions depositing a Withdrawal Card shall be charged no initiation fee unless the initiation fee in effect at the time of the deposit of his Withdrawal Card is higher than the initiation fee originally paid by him, in which case he shall pay the difference between the lower and higher initiation fee before the deposit of the Withdrawal Card shall take effect. A member of the parent Local or any of its subdivisions depositing a Service Withdrawal Card within ninety (90) days from the date of his discharge shall pay no additional initiation fee. SECTION 9. (a) When a traveling member of the International Union of Operating Engineers whose traveling card reflects a lower initiation fee than that of this Local Union desires membership in this Local Union, he shall be required to pay the difference between the lower and higher initiation fee. (b) When a member of this Local Union transfers out and thereafter deposits his clearance card, he shall pay the difference between the initiation fee in effect at the time he transferred out of this Local Union and the initiation fee at the time of deposit of his clearance card. If, however, his clearance card reflects an initiation fee lower than the initiation fee at the time of deposit but higher than the initiation fee at the time of his transfer out, he shall pay only the difference as between these two initiation fees. SECTION 10. Membership dues shall be as fixed by a majority vote of the members in good standing, voting by secret ballot at a membership meeting after reasonable notice of the intention to vote upon such question, or by a majority vote of the members in good standing voting in a membership referendum conducted by secret ballot, but shall not be less than the minimum dues provided under the Constitution. ARTICLE XIV Strike Fund SECTION 1. Active members employed under the Master Labor Agreement, and International Agreements shall contribute to the dedicated Strike Fund effective July 1, (a) Those utilizing a hiring hail in the districts throughout the State of Washington shall contribute. (b) Retirees with current hours shall contribute to the strike fund. (c) Bargaining units not listed shall have the option to participate by a majority vote of the unit. SECTION 2. The administration and distribution of this fund shall be at the direction of the Strike Fund Committee. This fund shall be utilized exclusively to assist striking members. (a) The Strike Fund Committee shall consist of four (4) elected members. The Treasurer shall be the fifth member of the Committee, act as the Chairperson and shall consult with the

12 Executive Board. (b) The Strike Fund Committee shall be an elected body of participating members. Each district shall elect one (1) member except Districts 4 and 5 shall be considered one district for this purpose and shall elect one (1) representative. (c) Those elected shall serve three (3) year terms. Nominations for committee members shall take place at all district meetings each three (3) years commencing in the month of February. Elections shall take place in all district meetings each three years in the month of March. (d) Should a district fail to nominate, the nominee who received the next highest number of votes in any district shall be considered elected. (e) Should a vacancy exist within a district, the Committee shall appoint a participating member from within the district. ARTICLE XV Elections A. Eligibility SECTION 1. (a) No member shall be eligible for election, be elected or hold the office of President, Vice President, Recording-Corresponding-Financial Secretary, Treasurer, Executive Board member, Trustee, Auditor, Conductor or Guard who has not during the year immediately prior to the month for nominations been continuously employed at the trade, or who has not actively sought continuous employment at the trade. This restriction, however, shall not apply to any member employed by or working for a Local Union or the International Union, or who has been assigned by his Local Union or the International Union to perform work in furtherance of the interest of organized labor, in either case in a sufficiently time-consuming capacity so as to preclude meeting the requirement of continuous employment at the trade or active seeking of continuous employment at the trade. No member shall be eligible for election, be elected or hold the office of President, Vice President, Recording-Corresponding-Financial Secretary, Treasurer, Executive Board member, Trustee, Auditor, Conductor or Guard unless he shall have been in continuous good standing in the Local Union for one (1) year next preceding the month prior to the month for nominations, nor unless he shall also have been a member of the organization for two (2) years immediately prior to the election, nor unless he shall have filed with the Recording-Corresponding-Financial Secretary of the Local Union within ten (10) days after having been notified in writing by the Secretary of his nomination to Local Union office a written acceptance of his nomination to office and, in addition, shall have been in regular attendance at all regularly scheduled membership meetings and home district membership meetings held after nomination and before elections, subject, however, to a reasonable excuse based upon good cause such as physical incapacity or death in family. (b) No member shall be eligible for election, be elected or hold the position of Local Union Business Manager who has not during the two (2) years immediately prior to the month for nominations been continuously employed at the trade, or who has not actively sought continuous employment at the trade. This restriction, however, shall not apply to any member employed by or working for a Local Union or the International Union, or who has been assigned

13 by his Local Union or the International Union to perform work in furtherance of the interests of organized labor, in either case in a sufficiently time-consuming capacity so as to preclude meeting the requirement of continuous employment at the trade or active seeking of continuous employment at the trade. No member shall be eligible for election, be elected or hold the office of Local Union Business Manager unless he shall have been continuously in good standing in the Local Union for two (2) years next preceding the month prior to the month for nominations, nor unless he shall have filed with the Recording-Corresponding-Financial Secretary of the Local Union within ten (10) days after having been notified in writing by the Secretary of his nomination to Local Union office a written acceptance of his nomination to office, and, in addition, shall have been in regular attendance at all regularly scheduled membership meetings and home district membership meetings held after nomination and before elections, subject, however, to a reasonable excuse based upon good cause such as physical incapacity or death in family. (c) No member retired from work at the trade shall be eligible for election, be elected or hold office in any Local Union. This restriction, however, shall not be applicable to any member so retired who at least one (1) year and, in the case of one seeking the office of Business Manager, at least two (2) years immediately prior to the month for nominations, has ceased to accept retirement benefits and returned, or actively and continuously sought to return, to fulltime work at the trade. This restriction does not prohibit or preclude the Local Union from naming any officer as Emeritus or from using the particular talents of a given retired individual for the best interests and advancement of the Local Union. (d) No member owner/operator of an entity that employs operating engineers shall be eligible for election, be elected nor hold office in any Local Union, nor nominate candidates in any Local Union election. (e) No member shall be eligible for election, be elected or hold any office or position, and no person shall be employed who has been found, after trial by the Union or by Civil Court, to have been false to his trust or misappropriated Union funds or property. (f) Within five (5) days after the nominations have been concluded, the Secretary shall mail to each member nominated, at his last known home address, notice of his nomination and of the office to which he has been nominated, and shall read or cause to be read the name of each nominee and identify the office to which such nominee seeks election at each district membership meeting held after receipt of the nominee s written acceptance of nomination. (g) If no member fulfills the foregoing conditions of eligibility for a particular office, any member currently in good standing in the Local Union and otherwise eligible shall, upon being nominated, be eligible to be elected to and to hold that office. In the event of the death, between nominations and the time of the last meeting preceding the election, of any constitutional officer who has been nominated to office in the forthcoming election, any member of the Local Union who is otherwise eligible shall be eligible to be nominated, and upon his filing with the Recording-Corresponding-Financial Secretary of his acceptance of such nomination, shall be eligible to be elected to and, if elected, to hold the office to which the deceased officer had been nominated. If the death occurs after the last meeting preceding the election, nomination shall be effected by filing a statement of candidacy with the

14 Recording-Corresponding-Financial Secretary prior to the election but in no event more than five (5) days after the deceased officer s death. (h) No candidate (including a prospective candidate) for Local Union office, and no supporter of a candidate for Local Union office, may solicit or accept any direct or indirect financial support from any nonmember of the International Union of Operating Engineers or from any foundation, corporation or other entity whose funds are derived in whole or in part from any person not a member of this International. SECTION 2. Good Standing Defined: No member shall be in good standing unless he has paid all current dues to the Local Union within thirty (30) days after they shall have become due and payable. No member whose dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization, provided for in a collective bargaining agreement, shall be declared ineligible to vote or to be a candidate for office in the Local Union solely by reason of alleged delay or default in the payment of dues. B. Nominations SECTION 1. Nominations of Local Union officers shall be made at each regularly scheduled Local Union membership meeting and district meetings during the month of June next preceding the election. SECTION 2. Eligibility of Members to Nominate: Every member of the parent Local Union and its subdivisions who is not suspended for nonpayment of dues as of June 10 th preceding the election shall have the right to nominate. No member whose dues have been withheld by his employer for payment to this Local Union pursuant to his voluntary authorization, provided for in a collective bargaining agreement, shall be declared ineligible to nominate by reason of any alleged delay or default in payment of dues by his employer to the Local Union. C. Election Procedure SECTION 1. (a) The election shall be held during the month of August by mail referendum vote of the membership of this Local Union under the supervision of a certified public accountant or a firm of certified public accountants selected by the Executive Board. shall: (b) An Election Committee of not less than three (3) members shall be constituted who (i) Not be a candidate or the nominator of a candidate for any office or position. (ii) Determine whether each candidate nominee is eligible. Any nominee found not to be eligible as of July 1st shall be declared ineligible by the Election Committee, and the Committee s decision, which shall be promptly communicated to such ineligible candidate in writing, unless reversed on appeal, shall govern, and the ballots shall be prepared in accordance with the Committee s decision. (iii) Be responsible for the conduct of the election, the preparation and printing of the envelopes and ballots listing the nominees for Local Union Business Manager

15 first and all other officers next in order in which they appear in Article V, Section 1, listing the incumbent for each office or position first and the other nominees for the same office or position in alphabetical order by their last name, and the giving of a notice of election by mailing a notice thereof to each member of the Local Union at his last known address as it appears on the records of this Local Union not less than fifteen (15) days prior to the mailing of the ballots to eligible voters. (iv) Cause the certified public accountant or firm of certified public accountants chosen by the Local Union Executive Board to rent a post office box to which the ballots shall be returned. (c) The certified public accountant shall mail the ballots and return envelopes to the eligible voters not later than August 7th preceding the election and shall open the post office box for the first and last time at a time designated by the Election Committee. In no event shall the Election Committee open the post office box prior to twenty-one (21) days from the mailing of the ballots. The certified public accountant shall remove the returned ballots, count the same and certify the results in writing to the Election Committee. The Election Committee or a subcommittee thereof shall be present at the mailing of the ballots, the opening of the post office box and the counting of the ballots. d) The candidate for each office and position receiving the most votes shall be declared elected by the Election Committee, and installation of such elected officers shall take place at the first regular meeting in September, unless an earlier installation is directed by the General President. SECTION 2. Eligibility to Vote: Every member who is not suspended for nonpayment of dues as of August 7th, the date for the first mailing of the ballots, shall have the right to vote. No member whose dues shall have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization, provided for in a collective bargaining agreement, shall be declared ineligible to vote by reason of any alleged delay or default in the payment of dues by his employer to the Local Union. SECTION 3. Each candidate shall have the right to have an observer at the mailing and counting of the ballots. The observer may challenge the eligibility of any voter, and the ballots of all voters who may have been challenged shall be set aside pending a determination as to their validity. If the challenged ballots are sufficient in number to affect the results of the election, all challenges shall be investigated by the Election Committee to determine their validity as promptly as possible. SECTION 4. All election records, including but not limited to the ballots cast and all challenges and challenged ballots and the certificate of the certified public accountant, shall be preserved by the Recording-Corresponding-Financial Secretary for a period of at least one year. ARTICLE XVI Incapacity of Officers In the event a Local Union officer whose signature is required by any provision of the International Constitution, the Local Union Bylaws or law is physically or mentally incapacitated

16 and unable to act or refuses to perform his constitutional duties, the Local Union Executive Board may appoint any constitutional officer properly bonded to act in his place and stead, and such act shall be that of the person acting, and the officer who is unable to act shall not be responsible therefore. ARTICLE XVII Meetings SECTION 1. Regular stated membership meetings of Local Union 302 shall be held semiannually in Bothell, Washington, on the first Thursday in June and the first Thursday in December of each year together with such other meetings as may be necessary and called upon due notice to the members. The district meetings shall be held monthly in conformity with the following: District 1 on the first Thursday in each month at the Union Hall, Bothell, Washington. Districts 2, 3, 4, 5, 6, 7 and 8 at a time and place designated by suitable notice. SECTION 2. (a) The Local Union Business Manager may in person or through his deputy call a special meeting of those members of the Local Union covered by any particular collective bargaining or other agreement with an employer as that term is defined in the Labor- Management Relations Act, 1947, as amended, for the purpose of considering and acting upon wages, rates of pay, hours of labor and other conditions of employment affecting them and all other members may be excluded from such meetings. (b) Such meeting may be called for the purpose of taking (i) a strike vote, (ii) a vote to accept or reject any employer proposal or collective bargaining agreement or other agreement affecting their employment. (c) A strike vote or a vote to accept or reject any employer proposal or collective bargaining agreement or other agreement not taken under (a) or (b) shall be taken at specially called district meetings in those districts, all or part of which comes within the territorial coverage of the agreement, in which case the majority of the total votes cast at all such district meetings shall govern. SECTION 3. The district meetings shall be presided over by the District Representative of the district or a member whom he designates. SECTION 4. It shall be the duty of the District Representative to see that accurate minutes are kept of all district meetings and a copy thereof attested by the District Representative be filed with the Local Union Business Manager for approval. Such recommendations and suggestions as may be contained therein may be referred to the Executive Board for its consideration. SECTION 5. At regular meetings or special called meetings of the district, the District Representative may appoint the Secretary, Guard and Conductor to conduct the district meetings. SECTION 6. Special meetings shall be called in accordance with Article XXIV, Subdivision 10, Section (c) of the International Constitution. Special meetings shall be those at which business of

17 a special nature is to be transacted. At such meetings, the special business for which the meeting was called must be the only business transacted. ARTICLE XVIII Death Benefit Fund SECTION 1. The Hoist and Shovel Engineers Death Benefit Fund as amended is hereby perpetuated and the same is incorporated herein by reference, as if fully set forth herein. ARTICLE XIX Quorum and Rules of Order SECTION 1. A quorum for the transaction of business at meetings shall consist of not less than seven (7) members in good standing. SECTION 2. Robert s Rules of Order shall be the guide for proceedings before all meetings. SECTION 3. At the hour set, the President shall call the meeting to order and preside. In the absence of the President, the Vice President shall preside. In the absence of both, the Recording- Corresponding-Financial Secretary shall call the meeting to order and the membership shall elect a Temporary Chairman. The Chairman for the district meeting shall be as provided in Article XVII. SECTION 4. No member shall be allowed to leave the meeting while in session except by permission of the presiding Chairman. SECTION 5. If any officer absents himself from four (4) consecutive regular meetings of the general membership without satisfactory excuse, his office may be declared vacant in accordance with Article XXIV, Subdivision 1, Section (f) of the International Constitution. SECTION 6. No member under the influence of intoxicating liquor shall be admitted to or be permitted to remain in the meeting hall. SECTION 7. No subjects except such as are strictly in the interest of labor and the welfare of the sick brothers shall be discussed at any meeting. SECTION 8. Appeals from decisions of the Chair shall not be debatable except by the President and member making such appeal. SECTION 9. A motion shall not be subject to debate until it has been recorded and stated by the Chairman. SECTION 10. When a question is before the meeting, no motion shall be in order except the following: 1 To adjourn. 2 To lay on the table. 3 For the previous question.

18 4 To postpone. 5 To refer or recommit. 6 To amend. The above named motions shall have preference in the order named, the first three of which shall be decided without debate. SECTION 11. It shall not be in order for a person who has spoken on a question to move the previous question at the close of his remarks. SECTION 12. Member having made a motion may withdraw it with the consent of his second, but a motion once debated cannot be withdrawn except by unanimous consent of the members present. SECTION 13. Before the Presiding Officer declares the vote on a question, any member may ask for a division of the house in which case the Chair is duty bound to comply with such request and call for a standing vote. SECTION 14. No member shall speak on any one question longer than ten (10) minutes, nor more than once, until everyone who desires has had an opportunity to speak. SECTION 15. No member shall be interrupted while speaking except to call him to order or for the purpose of explanation or information. ARTICLE XX Amendments to Bylaws These Bylaws may be amended in the following manner: (1) Such amendment is adopted by a majority vote of the members voting at a regular membership meeting, at a special meeting called for that purpose, or (2) Such amendment has been submitted to a mail referendum vote of the membership and adopted thereby, said referendum vote of the membership to be conducted by a certified public accountant or firm of certified public accountants as chosen by the Local Union Executive Board, and (3) Such amendment has been approved by the General President. ARTICLE XXI Official Communications There shall be located in the main office and each district office of the Local Union an official bulletin board where all official notices will be posted. ARTICLE XXII International Constitution

19 This Local Union acknowledges that the Constitution of the International Union of Operating Engineers supersedes any provisions of these Bylaws which are inconsistent with such Constitution. The Local Union hereby readopts as its Constitution, such International Constitution, and incorporates the same herein by reference, as if fully set forth herein, all such provisions of such Constitution as it may be interpreted, modified, or amended from time to time, which are applicable to Local Union matters or affairs. ARTICLE XXIII Savings Clause SECTION 1. The provisions of these Bylaws relating to the payment of dues, assessments, fines or penalties, etc., shall not be construed as incorporating into any union security contract those requirements for good standing membership which may be in violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. However, all financial obligations imposed by or under the International Constitution and these Local Union Bylaws (and in conformity therewith) shall be legal obligations of the members upon whom imposed and shall be enforceable in a court of law. SECTION 2. If any provision of these Bylaws shall be declared invalid or inoperative by any competent authority of the Executive, Judicial or Administrative Branch of the Federal or State government, the Local Union Executive Board shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purposes of the invalid provision. If any article or section of these Bylaws should be held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of these Bylaws or the application of such article or section to persons or circumstances other than those as to which it has been held invalid, shall not be affected thereby. Approved this 8 th day of May, 2007 Vincent J. Giblin General President, I.U.O.E.