AMALGAMATED TRANSIT UNION LOCAL UNION 241 BY-LAWS

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1 AMALGAMATED TRANSIT UNION LOCAL UNION 241 BY-LAWS Section 1 NAME This Local Union shall be known as Amalgamated Transit Union Local Union 241, A.F.L.-C.I.O. Section 2 PREAMBLE The Amalgamated Transit Union ( ATU or International Union ), operating under its Constitution and General Laws ( International Constitution ), was established in order to secure and defend our rights; safeguard our interests as working people; create an authority whose seal constitutes a certificate of character, intelligence and skill; provide for the discussion and resolution of problems affecting our members; and encourage conciliation and arbitration in the settlement of all differences between labor and capital. If there is any conflict between these By-Laws and the Constitution, the Constitution shall prevail. Section 3 PRINCIPLES We hold it as a sacred principle as trade Unionists and members of this Local Union to strive to place our occupation upon a higher plane of intelligence, efficiency and skill. We further hold as a scared principle that the elected Officers, Stewards, and all others who are entrusted to serve the membership shall set a good example as honest, hardworking and faithful working people, performing their duties honorably and faithfully to this organization and well as to their respective employers. Section 4 OFFICERS AND EXECUTIVE BOARD (a) The Officers of the Local Union shall consist of the following Executive Officers and Executive Board Members, all of whom shall constitute the

2 Executive Board: Officer Full-Time/Part-Time President/Business Agent Full-Time 1 st Vice-President Full-Time 2 nd Vice-President Full-Time 3 rd Vice-President Full-Time (However, the position shall be Part-Time if the Local Union represents employees at only one employer.) Financial & Recording Secretary Treasurer Full-Time Transportation Executive Board Member, Part-Time Chicago Avenue Garage Transportation Executive Board Member, Part-Time Forest Glen Garage Transportation Executive Board Member, Part-Time Kedzie Garage Transportation Executive Board Member, Part-Time North Park Garage Transportation Executive Board Member, Part-Time 103 rd Street Garage Transportation Executive Board Member, Part-Time 74 th Street Garage Transportation Executive Board Member, Part-Time 77 th Street Garage Maintenance Executive Board Member, Part-Time North Side Garages Maintenance Executive Board Member, Part-Time South Side Garages General Office Executive Board Member Part-Time Garage Clerks Executive Board Member Part-Time Bus Supervisor & Instruction Executive Part-Time Board Member PACE/ Executive Board Member Part-Time MV Executive Board Member Part-Time (b) The 3 rd Vice-President shall represent all members in the maintenance 2

3 department at the CTA, and all members at PACE and MV Transportation. (c) The Executive Board Members shall represent, and be elected by, the members from the following units and locations: Executive Board Member Transportation Executive Board Member, Chicago Avenue Garage Transportation Executive Board Member, Forest Glen Garage Transportation Executive Board Member, Kedzie Garage Transportation Executive Board Member, North Park Garage Transportation Executive Board Member, 103 rd Street Garage Transportation Executive Board Member, 74 th Street Garage Transportation Executive Board Member, 77 th Street Garage Maintenance Executive Board Member, North Side Garages Maintenance Executive Board Member, South Side Garages General Office Executive Board Member Garage Clerks Executive Board Member Unit and Location Chicago Avenue Garage Transportation (but not Clerks, Supervisors or Instructors) Forest Glen Garage Transportation (but not Clerks, Supervisors or Instructors) Kedzie Garage Transportation (but not Clerks, Supervisors or Instructors) North Park Garage Transportation (but not Clerks, Supervisors or Instructors) 103 rd Street Garage Transportation (but not Clerks, Supervisors or Instructors) 74 th Street Garage Transportation (but not Clerks, Supervisors or Instructors) 77 th Street Garage Transportation (but not Clerks, Supervisors or Instructors) Maintenance employees from Chicago Avenue, Forest Glen, Kedzie and North Park Garages Maintenance employees from 103 rd Street, 74 th Street and 77 th Street Garages CTA General Office Garage Clerks from each Garage 3

4 Bus Supervisors & Supervisors & Instructors Executive Board Member PACE/Executive Board Member MV Executive Board Member All Bus Supervisors and Instructors from each Garage All PACE Bargaining Unit Members All MV Bargaining Unit Members (d) All Officers shall faithfully and honestly discharge their duties. They shall be fiduciaries, and act with care, loyalty and candor in handling Local Union business. They shall manage, preserve and protect the Local Union s assets and funds in the best interest of the Local Union and its members. Any Officer having a personal financial interest in any decision contemplated or in any action taken by the Local Union shall disclose his or her interest to the Executive Board, and refrain from voting on any such matter and from placing his or her own personal interest above those of the Local Union and/or its members. No Officer shall take any action that is adverse to the interests of the Local Union, its members, or the International Union. No Officer shall abuse his or her office in order to make any personal profit or gain for himself or herself, or his or her friends or family. Section 5 PRESIDENT/BUSINESS AGENT DUTIES (a) It shall be the duty of the President/Business Agent to: Serve as the chief executive officer of the Local Union and exercise general supervision over all of its affairs between meetings of the Executive Board and membership; Serve as Chair and preside at all meetings of the Executive Board and of the Local Union; Serve as Chair of all committees and sub-committees, except as otherwise provided for in these By-Laws; Ensure that notices of all regular and special meetings are posted at each work location at least seventy-two (72) hours prior to holding such meetings; Preserve order at all meetings; Decide all questions of order, subject to an appeal to the membership; When chairing a meeting, not to vote on questions of debate except in case of a tie, and then shall cast the deciding vote unless if he or she has a conflict of interest; 4

5 Vote in secret ballots only at the same time and along with the other members who cast their ballots; Announce the result of all votes; Call special meetings when requested to do so on the written application of a majority of the Executive Board, or upon the written request of one-third or more the Local Union s members; Enforce the International Constitution and these By-Laws, and see that all Officers and committees perform their respective duties; Enforce all fines and penalties imposed in accordance with provisions of these By-Laws and the International Constitution; Fill temporary vacancies of Officers of less than one year subject to the approval of the majority of the Executive Board; Visit the different stations, garages and work locations at least once per quarter; Sign all necessary and legitimate orders on the treasury for such monies as permitted by the International Constitution and these By- Laws; With the approval of the Executive Board, employ any member who is needed to provide necessary help on a project of limited duration to efficiently conduct the work of this Local Union and pay him or her at their lost time rate for any lost time for time spent performing union business; Upon full disclosure to and Executive Board and membership approval, contract for necessary professional services at reasonable rates, such as services of lawyers and certified public accountants; Act exclusively as the chief lobbyist for the Local Union, and, at his or her discretion obtain assistance for lobbying efforts solely from the other Executive Board Members; and Perform such other duties as the Executive Board and the Local Union may determine in compliance with these By-Laws. (b) The President/Business Agent shall assign the 1 st and 2 nd Vice- Presidents their primary work locations and other assignments in the interest of promoting effective representation of the members, avoiding duplication or overlapping of representation at any particular location, and minimizing unnecessary travel time. (c) The President/Business Agent shall be the ex-officio Trustee on the CTA Retirement Allowance Committee. The President/Business Agent shall also 5

6 have the authority to designate alternate Trustees from the Executive Board in the event one or more Trustees cannot attend a meeting. (d) The President/Business Agent shall be the ex-officio Trustee on the CTA Retirement Health Care Trust. The President/Business Agent shall have the authority to designate alternate Trustee(s) from the Executive Board in the event he or she cannot attend a meeting. Section 6 DUTIES OF 1 st, 2 nd AND 3 rd VICE-PRESIDENTS (a) The 1 st and 2 nd Vice-Presidents shall be full-time positions. The 3 rd Vice- President shall be a full-time position if the Local Union represents employees at more than one property; however it shall be a part-time position if the Local Union represents employees at only one property, in which case the position will be no more than four (4) days per week. (b) The 1 st Vice-President and 2 nd Vice-President shall have responsibility for representing the Local Union and its members as assigned by the President/Business Agent. The 3 rd Vice-President shall have responsibility for representing the Local Union and its members in the Maintenance Department of the CTA, and PACE and MV Transportation. The three Vice- Presidents shall work throughout the employers properties as directed by the President/Business Agent. (c) In case of the absence of the President/Business Agent or his or her inability to continue to perform the duties of the office resulting in a vacancy, the 1 st Vice-President shall perform the duties of the President/Business Agent. In the event that the 1 st Vice-President is called to perform the duties of the President/Business Agent, the 2 nd Vice-President shall fill the office of the 1 st Vice-President. (d) In the absence of either the President/Business Agent or the Financial & Recording Secretary Treasurer due to illness or death, the 1 st Vice-President shall be authorized to sign checks with the remaining Officer. (e) The 1st Vice-President shall be a trustee on the CTA Retirement Allowance Committee. 6

7 Section 7 DUTIES OF FINANCIAL & RECORDING SECRETARY TREASURER (a) It shall be the duty of the Financial & Recording Secretary Treasurer to serve as the recording and corresponding secretary of the Local Union by, among other acts: Calling the roll of Officers at all meetings of the membership and the Executive Board; Producing and keeping written minutes of each meeting of the membership, and providing or reading such minutes at the next regular meeting for approval by the membership; Producing and keeping written minutes of each meeting of the Executive Board, and providing such written minutes to the Executive Board at its next regular meeting for its review and approval; Reporting all actions of the Executive Board at the next regular meeting of the membership; Making copies of the minutes of meetings of the membership and Executive Board available for inspection to all members; Upon approval of any minutes, making no less than fifty (50) copies of the approved minutes available at the next regular meeting of the membership; Carrying on all correspondence; Seeing that all notices are placed on the bulletin boards at each work location; and Making the required contributions on a timely basis related to the Retirement and Disability Allowance Plan for Officers and Employees of Local 241. (b) It shall be the duty of the Financial & Recording Secretary Treasurer to serve as the financial secretary and treasurer of the Local Union by, among other acts: Supervising the financial affairs of the office; Safeguarding all Local Union funds, assets and property entrusted to his or her care; Collecting and depositing the funds due to the Local Union in such banks and/or credit unions as the Local Union shall determine; 7

8 Recording and accounting for all dues, assessments and administrative fees received by the Local Union; Maintaining an accurate roll of Local Union members, including a record of newly initiated members, suspensions, withdrawals, reinstatements, and deaths; Reviewing for proper documentation, accuracy, and reasonableness all invoices, bills, and time sheets, and submitting same to the Executive Board for a recommendation and to the membership for approval; Paying all invoices, bills, and accounts owed by the Local Union by checks, to be signed jointly by him or herself and the President/Business Agent, or 1 st Vice-President in accordance with Section 6(d), Duties of 1st, 2nd and 3rd Vice-Presidents, of these By- Laws; Accounting for and recording all financial transactions, including receipts and expenditures, and keeping sufficient supporting documentation to substantiate any expenditure including for payments made to Officers and members whether for salary, lost time, expenses or otherwise; Contracting with a payroll service to handle the payroll for the Local Union if he or she deems it advisable; Recording the amount of vacation taken each month by the full-time Officers and reporting same to the membership at each regular meeting; Arranging for and making the most reasonable and cost effective hotel and travel reservations for and on behalf of the Local Union and its Officers, members and staff; Preparing a semi-annual audit report at the close of each six month period ending on June 30 th and December 31 st of the financial transactions and affairs of the Local Union which shall be submitted to the International Union within seven (7) days of its completion and a copy shall be provided to all Officers at the following meeting of the Executive Board and made available to the membership; Having an audit performed by a certified public accountant on an annual basis at the end of the Local s fiscal year in accordance with International Constitution, Section 38, which report in full, including auditors notes and any recommendations, must be forwarded to the International Union within seven (7) days of its completion and a copy shall be provided to all Officers at the following meeting of the 8

9 Executive Board and made available to the membership; Keeping the Local Union in good standing with the International Union and all central bodies with which the Local Union is an affiliate, and paying all per capita taxes, assessments and monies owed to these bodies; and Having no more than five-hundred dollars ($500.00) in petty cash on hand, which may be disbursed only upon the receipt of proper documentation substantiating the expense and upon approval of the President/Business Agent who shall report such disbursement at the next regular meeting of the Executive Board. (c) The Financial & Recording Secretary Treasurer shall perform the duties of his or her office with staff assistance as appointed by the President/Business Agent. (d) In the absence of the Financial & Recording Secretary Treasurer, or his or her inability to act, the President/Business Agent shall appoint, subject to the approval of the Executive Board and in accordance with the International Constitution, a qualified member to perform the duties of the Financial & Recording Secretary Treasurer. (e) The Financial & Recording Secretary Treasurer shall be a trustee on the CTA Retirement Allowance Committee. Section 8 PART-TIME EXECUTIVE BOARD MEMBERS (a) The part-time Executive Board Members, subject to the direction of the President/Business Agent, shall represent the members in their units and locations specified in Section 4(c), Officers and Executive Board, of these By- Laws by, among other acts: Organizing the members to participate in the campaigns and activities of the Local Union; Handling grievances between members and management through the collectively-bargained grievance procedure; Supervising the work of, consulting with, and conferring with any Stewards in their units and locations, including by assisting in the identification of violations of Collective Bargaining Agreements, and 9

10 the drafting of grievances; Responding to members inquiries; and Taking other action as necessary or assigned. For the performance of these representational duties, a part-time Executive Board Member shall be paid for lost time in accordance with Section 24, Compensation and Reimbursements, of these By-Laws, but in no case shall a part-time Executive Board Member be paid for more than one day of work per week of lost time at his or her current rate of pay for performing these duties. (b) The President/Business Agent may assign the part-time Executive Board Members specific projects and duties in addition to those representational duties described in subsection (a) above. Under these circumstances, the part-time Executive Board Member may receive lost time for the purpose of attending the CTA Retirement Allowance Committee and/or the CTA Retirement Health Care Trust meetings as an alternate trustee, assisting as a lobbyist, planning for and conducting picks, attending labor management meetings, sitting on committees and sub-committees as the President/Business Agent may appoint them, and attending arbitrations, conferences and training. For the performance of these duties as assigned by the President/Business Agent, a part-time Executive Board Member shall be paid for lost time in accordance with Section 24, Compensation and Reimbursements, of these By-Laws. (c) On a form provided by the Union, part-time Executive Board Members shall keep track on a daily basis of the time spent on all Union activities, including those specified in Section 8(a) and (b), Part-Time Executive Board Members, of these By-Laws. The form shall be submitted no later than Monday at 10:00 a.m. (for work performed for the prior week) to the Financial & Recording Secretary Treasurer. At least three (3) calendar days before the monthly Executive Board meeting, each part-time Executive Board Member shall prepare a detailed report which describes the representational duties he or she performed during the month and any other projects and duties to which he was assigned and the time spent. The report shall be made part of the Executive Board minutes. Section 9 EXECUTIVE BOARD MEETINGS 10

11 (a) It shall be the duty of the Executive Board to: Supervise and direct the management of the Local Union. Safeguard the Local Union s funds, assets and property, and ensure that same are held and expended only for the benefit of the Local Union and the membership and in accordance with these By-Laws, the International Constitution, Federal and State law, and generally accepted practices. Review the activities of the Officers of the Local Union to ensure that each Officer is faithfully executing his or her duties, and acting within the scope of his or her duties, these By-Laws, and the International Constitution; Ensure that the Collective Bargaining Agreements to which the Local Union is a party are being properly enforced; and Review and vote upon the actions and recommendations of the Grievance Committee. (b) The Executive Board shall meet once a month, and no less than seven (7) days before the regular meeting of the membership. (c) It shall be the duty of the Financial & Recording Secretary Treasurer to call roll and take the minutes of the meeting. In the event of the Financial & Recording Secretary Treasurer s absence, the President/Business Agent shall appoint another Officer to call roll and take the minutes of the meeting. (d) The President/Business Agent shall provide the Executive Board with a report of his activities, and the state of the affairs of the Local Union. (e) The Financial & Recording Secretary Treasurer shall provide to the Executive Board a detailed, written report for the Executive Board s review, which shall be made part of the Executive Board minutes. The report shall include a profit and loss statement, list of expenditures, a balance sheet, and the amount of the monthly contributions owed to the Retirement and Disability Allowance Plan for Officers and Employees of Local 241 and the payment(s) made. In addition, he or she will provide a written report containing the (1) the name(s) of every member employed by or who has received compensation from the Local Union for the previous month, (2) the amount of money earned by each member for that month and cumulatively through the calendar year, (3) the purpose for employing the individual, and 11

12 (4) the expected end date of employment. (f) The Executive Board shall carefully review each expenditure of Local Union funds. The expenditures to be reviewed shall include, but not be limited to, expenditures for regular office expenses and expenditures for Officer, member and staff compensation. The Executive Board shall ensure that each expenditure is properly documented, and is reasonable and necessary. (g) With the exceptions noted below in this paragraph, any expenditure of Local Union funds must be authorized as follows (1) the Executive Board reviews the bill, invoice or other proposed expense; (2) the Executive Board votes whether to recommend the expenditure to the membership; and (3) the membership at its next regular meeting votes to approve the expenditure (separate from any other expenditure or matter of business), except if there is no quorum at that next regular meeting the recommendation of the Executive Board shall be effective. (h) Authorization is not required for paying recurring and regular office expenses such as expenditures made under the lease for office space, for office utilities, under leases for office equipment, or under contracts for landline and wireless telephone and internet service; provided that the lease or contract has been, as an initial matter, authorized by the Executive Board and approved by the membership. Authorization is not required for other reasonable and necessary office expenses, such as office supplies, which cumulatively do not exceed Five Hundred ($500) Dollars in a month. The Financial & Recording Secretary Treasurer shall record each specific action voted upon and the decision of the membership in the membership minutes. (i) Each Officer shall provide to the Executive Board a written report which shall detail for the period since the last Executive Board meeting the projects to which the Officer has been assigned, the progress on each project, the number of hours he or she spent working on each project and the specific duties each Officer performed in each assignment. The written report shall be made part of the Executive Board minutes. (j) All full-time Officers shall attend all Executive Board meetings and all four sessions of each monthly membership and special membership meeting of the Local Union. Failure to attend without written approval of the 12

13 President/Business Agent shall automatically result in the forfeiture of the equivalent of the full-time Executive Board Member s day s pay, and in addition shall be sufficient cause for additional action to be taken by the Officers and Executive Board. (k) All part-time Executive Board Members shall attend all Executive Board meetings and at least one of the four (4) sessions of the monthly membership meetings and special membership meetings. Failure to attend without written approval of the President/Business Agent shall automatically result in the forfeiture of the part-time Executive Board Member s monthly allowance, and in addition shall be sufficient cause for additional action to be taken by the Officers and Executive Board. (l) Any Officer or Executive Board Member who arrives late for the start of any Executive Board or membership meeting and/or leaves early shall not receive pay for that portion of the meeting for which he or she is not present. The Executive Board minutes shall reflect the names of the Executive Board Members who arrive late or leave early and the time. Section 10 MEETINGS OF THE MEMBERSHIP (a) There shall be one regular monthly membership meeting of this Local Union which shall be held in four sessions on the first Tuesday of each month at 10:00 a.m., 2:00 p.m., 4:00 p.m. and 7:00 p.m. on the same day, at a place designated by the Executive Board. (b) Fifty (50) Members shall constitute a quorum for the transaction of business. The fifty (50) Members shall be a cumulative total of those members who attended any one of the four sessions of a meeting, except that no Member shall be counted more than once even if he or she attends more than one session of a meeting. (c) The 10:00 am session ( charter meeting ) shall be held regardless of the number of members present and all actions of that meeting shall be reported to and acted upon by the subsequent sessions. Any action taken or motion initiated at any session other than the charter meeting, whether or not a quorum is present, shall be referred to the next monthly charter meeting for initial action. 13

14 (d) If there is no quorum for a special or regular membership meeting, then any matters voted upon or recommendations made by a majority vote of the Executive Board which have been reported at the sessions shall be effective. (e) Notice of a regular or special meeting shall be posted no less than seventy-two (72) hours prior to the meeting at every work location. The notice shall contain a description of the business to be covered at the meeting, including a general description of any expenditure of Local Union funds and/or other financial matter, which will be voted on at the meeting. (f) Any expenditure of Local Union funds must be authorized by vote of the membership (unless there is no quorum, in which case the recommendation of the Executive Board shall become effective as provided by this Section); except, however, that such authorization is not required for certain regular office expenses and certain expenses which cumulatively do not exceed five hundred dollars ($500) in a month as provided by Section 9, Executive Board Meetings, of these By-Laws. (g) Special membership meetings may be called by a majority vote of the Executive Board whenever a question arises affecting the membership, which because of its importance and urgency cannot wait until the next regular membership meeting. The meeting shall be held in four sessions at 10:00 a.m., 2:00 p.m., 4:00 p.m. and 7:00 p.m. on the same day, at a place designated by the Executive Board. The notice shall specify the exact nature of the issue, which will be addressed at the meeting. The only business that can be transacted at a special meeting is that which was stated in the call for such meeting. Section 11 FINANCES (a) No credit, debit or ATM cards shall be issued in the name of the Local Union on behalf of any Officer, Executive Board Member or member. No credit, debit or ATM card, shall be linked to the Local Union s accounts or in the Local Union s name. (b) The Local Union may take out a loan only upon the disclosure of the terms of the loan, and membership authorization (unless there is no quorum 14

15 at the meeting, in which case the recommendation of the Executive Board shall become effective as provided by Section 10, Meetings of the Membership of these By-Laws). In the event the Local Union takes out a loan, the Financial & Recording Secretary Treasurer must report the balance, payments made, and interest and fees accrued monthly at the meeting of the Executive Board, and at each regular meeting of the membership. (c) All Officers and staff shall be properly bonded as required by International Constitution, Section 37.1, Bonding Indemnity Department. Section 12 GRIEVANCES AND ARBITRATIONS (a) A member desiring to file a grievance shall fill out a grievance investigation form and grievance within the time provided by the respective Collective Bargaining Agreement covering the member or forfeit his or her case. Members of the Executive Board and Stewards shall be supplied with grievance investigation forms and grievance blanks, which they shall furnish to members on request, or a member may go to the Local Union office and personally file the grievance there. (b) A member who has filed a grievance shall have the right to attend the meetings held at each step of the collectively-bargained grievance procedure. The member shall not be compensated by the Union for his or her lost time. (c) The President/Business Agent, Financial & Recording Secretary Treasurer and three Vice-Presidents shall comprise the Grievance Committee. They shall meet no less than once per week to ensure that (a) grievance investigation forms and grievances are properly filled out, (b) the grievances are timely, and (c) requests for arbitration are timely made. The Grievance Committee shall be charged with investigating and evaluating each grievance or dispute in order to determine if there is sufficient basis for moving the grievance to the next step of the grievance procedure, and in doing so it shall communicate with Stewards and members if necessary to ensure that it has the facts and documents necessary to make this determination. It shall keep track of all grievances and disputes it considers and report its recommendations and rationale therefor in writing at the next Executive Board meeting. 15

16 (d) The Financial & Recording Secretary Treasurer shall serve as the secretary of the Grievance Committee. The Financial & Recording Secretary Treasurer shall record onto spreadsheets or a similar software application all grievances, including identifying information, the nature and status of the grievances, and ensure that the grievance records are updated and that grievances are tracked and moved efficiently throughout the grievance procedure and timely appealed to arbitration. He or she shall report to the membership on a monthly basis the number of outstanding grievances by year and their general status. (e) The Executive Board shall review and vote upon the actions and recommendations of the Grievance Committee. These Grievance Committee actions and Executive Board recommendations shall be carefully and explicitly recorded in the Executive Board minutes, which shall be passed out at every regular and special meeting of the Local. (f) Every recommendation by the Executive Board with respect to whether to take a grievance to arbitration shall be submitted to the membership at a regular membership meeting. The membership shall vote on each grievance by secret ballot and decide whether the grievance shall be denied or shall proceed to arbitration. The ballot shall contain the grievance number, the name of the affected person, or in the event of a class action grievance, a description of the class affected, a short statement summarizing the grievance, and shall state on two separate lines the following two sentences: I vote not to proceed with the grievance to arbitration. I vote to proceed with the grievance to arbitration. At the bottom of the ballot there shall be printed in bold the following: Should the membership vote to arbitrate any grievance, all costs incurred, including but not limited to Arbitrator s fees, legal fees and court reporter fees, shall be assessed to the membership. The Financial & Recording Secretary Treasurer, along with at least one other member shall tally the votes for each grievance, announce the results of the vote before the conclusion of each session and the cumulative results before the conclusion of the final session of the meeting and record the results in the membership meeting minutes. (g) It is the duty of the Financial & Recording Secretary Treasurer or Officer to inform each member in writing of the status of his or her grievance. As is reasonable a letter shall be sent to all members whose grievances are still pending final action. This letter shall inform the member of the status of the 16

17 grievance and what further action is planned. Upon final disposition of a member s grievance, a letter shall be sent to the member. (h) The President/Business Agent may settle grievances, provided that any settlement may not amend, modify or deviate from the pertinent Collective Bargaining Agreement except upon recommendation of the Executive Board and approval of the membership. Section 13 STEWARDS (a) All Stewards shall be lost-time positions. Stewards shall assist in the processing and resolution of grievances, ensure that their Collective Bargaining Agreement is being properly adhered to, report violations of the Collective Bargaining Agreement, communicate with the Executive Board Member from their respective area, and perform other assignments as directed by the President/Business Agent. (b) There shall be the number of Stewards from each of the following CTA work locations, PACE and MV Transportation as listed below. Each of the Steward positions shall be eligible for nomination and election at the same time Executive Board nominations and election(s) take place. Work Location CTA Work Locations Number of Transportation Stewards Number of Maintenance Stewards Chicago Avenue 1 1 Forest Glenn 1 1 Kedzie 1 1 North Park rd Street th Street th Street 1 1 CTA General Office 1 PACE Work Locations North Shore 1 1 Southwest 1 1 West

18 MV TRANSPORTATION Transportation Steward 1 *Shall also be the Executive Board Member. (c) All Stewards at each work location shall work at the direction of the President/Business Agent. Each Steward shall spend on a weekly basis no more than the equivalent of his or her lost time for one workday. (d) On a form provided by the Union, Stewards shall keep track on a daily basis of the time spent on all Union activities, including those specified in Section 13(a), Stewards, of these By-Laws. The form shall be submitted no later than Monday at 10:00 a.m. (for work performed for the prior week) to the Financial & Recording Secretary Treasurer. At least three (3) calendar days before the monthly Executive Board meeting, each Steward shall prepare a detailed report, which describes the duties he or she performed on behalf of the Union during the month and the time spent. The report shall be made part of the Executive Board minutes. All Stewards must complete any other written reports as directed by the President/Business Agent, including grievance investigation forms, on a timely basis and submit them to the President/Business Agent. (e) The Members in Good Standing from each work location and appropriate classification shall vote for their respective Stewards. Section 14 DUTIES OF THE WARDEN (a) It shall be the duty of the Warden to take charge of all regular and special membership meetings of the Local Union and to see that no one enters a meeting but Members in Good Standing without permission from the chair. He or she shall keep order in the meetings and carry out the instructions of the chair, and should he or she need assistance the chair shall appoint such members as is necessary to aid him or her in preserving order and carrying out the rules of the Local Union. (b) The Warden shall be reimbursed on a lost time basis. Section 15 18

19 COMMITTEES (a) All committees appointed by the President/Business Agent shall make their reports in writing to the Executive Board, and they shall furnish copies of their reports to the Financial & Recording Secretary Treasurer in time to be reviewed by the Executive Board. The reports shall be made a part of the membership meeting minutes. (b) Members of this Local Union shall not be allowed to constitute themselves as committees and must receive authority from the Executive Board to do so. Section 16 QUALIFICATIONS FOR OFFICE (a) In order for a member to be eligible to be a candidate for an elected position and to hold such elected position, the member must be a member in Good Standing, that is, the member must have been in continuous good standing in the Local for two (2) consecutive years prior to and including the day of the nominations meeting; and provided further that such member must have complied with all of the applicable qualifying provisions contained in these By-Laws and in the International Constitution. No meeting attendance requirement shall be applied as a condition of eligibility for any Local Union office. (b) Members who have voluntarily left the service in which the membership of this Local is engaged, or who have retired or who have been discharged for cause found by this Local to be proper, are not eligible to run for or be appointed to any position in this Local. No member who is disqualified from holding office under the provisions of Section 504 of the Labor Management Reporting and Disclosure Act of 1959 shall be eligible to be a candidate or hold office in this Local. An Officer who retires from the employer during his or her term of office may complete the term. When a member s discharge case has been sustained under the procedure set out in the applicable Collective Bargaining Agreement for the adjudication of such grievances or in any other adjudicatory forum, the member may no longer hold office and must resign. Section 17 19

20 NOMINATIONS FOR ELECTED POSITIONS (a) Nominations for elected positions of this Local Union shall take place at the regular membership meeting in April, 2017 and every three years thereafter. The Local Union shall announce at its March regular membership meeting of the election year the date for nominations and elections, including the date for a possible run-off election. Within seven (7) calendar days of the March membership meeting, the Local Union shall mail to each member a notice of the date and time(s) of the nominations meeting and election, including the date for a possible run-off election, and the elected positions to be filled as stated in Section 4, Officers and Executive Board, and Section 13, Stewards, of these By-Laws. Not less than fifteen (15) days prior to the date of nominations, notices shall also be posted and prominently displayed at each of the work locations providing the date and time(s) of the nominations meeting and election, including the date for a possible run-off election and the elected positions to be filled. At the April membership meeting at which nominations shall be made, every Member in Good Standing who has complied with the provisions of these By-Laws and the Constitution shall have the opportunity to nominate a candidate of his or her choice for each elected position and to be eligible to run for an elected position. (b) In the event no quorum is in attendance at the nominations meeting, the Executive Board shall hold a meeting within the following week for the purpose of receiving such nominations, provided that at least five (5) days notice of nominations for office must have been given to the members prior to the holding of the nominations meeting by the Executive Board. (c) Any Member in Good Standing shall be eligible to nominate other Members in Good Standing for President/Business Agent, 1 st Vice-President, 2 nd Vice-President and Financial & Recording Secretary Treasurer. The 3 rd Vice-President shall be nominated by any CTA maintenance employee who is a Member in Good Standing from any CTA maintenance location, or any Member in Good Standing from PACE or MV Transportation who holds maintenance seniority at PACE or MV Transportation. Executive Board Members shall be nominated by a Member in Good Standing from the respective classification and work location. A Steward shall be nominated by another Member in Good Standing from the same work location and classification for which that Steward will be running for office. 20

21 (d) A Member in Good Standing nominated for an elected position shall not be placed on the ballot unless the nominated individual delivers, or causes to be delivered to the Local Union s Financial & Recording Secretary Treasurer written acceptance of the nomination signed by him or her. Such written nomination must be received by the Financial & Recording Secretary Treasurer within two (2) calendar days of the date of the nominations meeting, either during the nominations meeting or during the Local Union s regular business hours (8:30 a.m. to 4:00 p.m.). All persons shall be provided a receipt by the Financial & Recording Secretary Treasurer. (e) Following the close of the acceptance of nominations period, the Local Union s Financial & Recording Secretary Treasurer shall ensure that the nominated individuals are Members in Good Standing and are eligible to be placed on the ballot, and shall proceed to prepare the ballot. Candidates names for the respective offices shall be placed on the ballot in alphabetical order. Section 18 REGULAR ELECTIONS FOR ELECTED POSITIONS (a) Elections for elected positions shall take place in May every three years. All elections for Local Union elected positions, except International Convention Delegates, shall follow the primary system. Under the primary system where there are two or more candidates for office, the voter shall vote for only one. If there are three or more candidates running for the same office, and no one candidate receives a majority of all valid votes cast, then the two candidates with the highest number of votes shall proceed to a run-off election. Where two or more elected positions are to be filled each position shall be contested separately. Failing to obtain a majority on the first ballot, the top two in each position will proceed to a run-off election. All candidates who have qualified to be on the ballot shall be listed in alphabetical order. (b) Any Member in Good Standing shall be eligible to vote for one candidate to fill each of the positions of President, 1 st Vice-President, 2 nd Vice-President, Financial & Recording Secretary Treasurer, and Delegates to the International Convention. All maintenance employees from the CTA who are Members in Good Standing and all Members in Good Standing from PACE and MV Transportation who hold maintenance seniority shall be eligible to vote for the 3 rd Vice-President. A Member in Good Standing shall be eligible to vote for 21

22 the Executive Board Member and /or Steward position(s) from his or her respective work location and/or classification. (c) Not less than fifteen (15) days prior to the date of the election, a notice of the upcoming election shall be mailed to each member at the member s last known home address and shall be prominently displayed at each of the work locations. This notice shall specify the date, time and place of the election, the elected positions to be filled, as well as the date of any run-off election that may be necessary. (d) There shall be no absentee, proxy or write-in votes and no member shall be entitled to vote unless he or she is a Member in Good Standing and presents him or herself personally at the polls during the scheduled voting hours to vote. (e) The Local may contract with an election service to handle in whole or in part the election. (f) The Financial & Recording Secretary Treasurer shall preserve for one year the ballots and all other records pertaining to the election. (g) Federal law prohibits the use of any Local Union or any employer funds to promote the candidacy of any person in a Local Union officer election. The prohibition against the use of any Local Union funds applies to any labor organization; the prohibition against the use of any employer funds applies to every employer, including an employer, which is not a party to a Collective Bargaining Agreement. This prohibition includes cash, facilities, equipment and office supplies of the Local Union. Thus, any candidate may only solicit contributions from ATU Local 241 members. (h) Current Officers and Stewards must not campaign for election during Local Union work hours. (i) Members who have retired on pension from the active service and who continue in good standing will be entitled to vote in the election of President, 1 st Vice-President, 2 nd Vice-President and Financial & Recording Secretary Treasurer, as well as of Delegates to the International Conventions. Pensioners shall have a choice of two polling places where they can vote on Election Day. One polling place shall be on the north side; the other polling 22

23 place shall be on the south side. These polling places shall be identified on the notice of election. Pensioners who appear at any other voting location on the day of election shall be allowed to vote by challenged ballot. (j) Any member who is entitled to vote may challenge the conduct or results of an election by filing a challenge within ten (10) calendar days of the counting of the ballots with the incumbent Financial & Recording Secretary Treasurer during the Local Union s regular business hours. The Financial & Recording Secretary Treasurer, with the assistance of Executive Board Member(s) if necessary, shall investigate the challenges and submit the challenges and report for a recommendation to the Executive Board, subject to final vote by the membership. Section 19 INTERIM ELECTIONS (a) Interim elections, if necessary, shall be conducted in accordance with Section of the Constitution. Section 20 ELECTION COMMISSIONERS (a) In April of the same year as elections shall take place, the Executive Board shall elect five (5) Members in Good Standing as Election Commissioners to assist the Financial & Recording Secretary Treasurer with supervising elections for elected positions held by the Local Union. If an election service will be used by the Local Union to conduct the elections, the Executive Board shall decide whether Election Commissioners will be necessary. (b) Each member elected as Election Commissioner by the Executive Board shall file his or her written acceptance within five (5) calendar days of being elected as Election Commissioner and submit it to the Financial & Recording Secretary Treasurer. Section 21 DUTIES OF JUDGES AND CLERKS AT ELECTIONS (a) The voting hours shall be from 7:00 a.m. to 8:00 p.m., with the exception 23

24 of the 567 W. Lake Street location, which hours shall be from 7:00 a.m. to 5:00 p.m., West Shops will vote at Chicago Avenue Garage, 901 W. Division, which hours shall be from 7:00 a.m. to 5:00 p.m., and the Maintenance Training Center at 1320 E. 89 th Street shall vote at the 103 rd Street Garage from 7:00 a.m. to 8:00 p.m. The MV Transportation voting hours shall be from 7:00 a.m. to 4:00 p.m. The PACE North Shore voting hours shall be from 7:00 a.m. to 5:00 p.m. The PACE Southwest voting hours shall be from 7:00 a.m. to 5:00 p.m. The PACE West voting hours shall be from 7:00 a.m. to 8:00 p.m. (b) If an election service is used to conduct the election, then the number of judges and/or clerks and their duties may be modified accordingly. If an election service will not be used by the Local Union to conduct the elections, then the Executive Board shall assign the judges and clerks to work on Election Day. There shall be one judge and two clerks assigned to each polling place at any one time. (c) The Financial & Recording Secretary Treasurer, with the assistance of the Election Commissioners, shall arrange for the printing of ballots and all other equipment and supplies that the Judges and Clerks will need for election day, including secure ballot boxes and voting booths sufficient for all polling locations. The Financial & Recording Secretary Treasurer shall also prepare all forms, signs and notices for election day, including but not limited to the Judges and Clerks sign in sheets, the checklist kit, the tally sheet, observer sign in sheets, voting lists (showing all Members in Good Standing eligible to vote at each polling location) and poll books and challenged ballot poll books (for voters to sign in upon requesting a ballot) for each polling location. He or she shall also make sure that all equipment and supplies, except for the ballots, ballot boxes, poll books, voting lists and tally sheets are delivered to the Election Commissioners at least three (3) days prior to the election. (d) On election day, the A.M. Judge from each polling place shall appear at the Local Union office at 5:30 a.m. and pick up the election equipment and supplies, ballots, ballot box, poll books, voting lists and tally sheets for his or her assigned polling place. Each polling place shall be provided with sufficient ballots. If an A.M. Judge fails to report by 5:45 a.m. at the Local Union office, another judge shall be assigned to fill the position and the employer will be notified that he or she is not performing Local Union business that day. (e) There shall be two Clerks at each polling place. The two A.M. Clerks 24

25 who have been assigned a polling location shall proceed directly to their assigned polling place and arrive no later than 6:00 a.m. The Clerks shall call the Local Union office by no later than 6:15 and notify the Local Union that they are at the polling location. The Clerks shall prepare the polling location for the election and set up the tables, chairs and any other equipment. They shall also promptly clear and remove all campaign literature within one hundred (100) feet from the polling area and set up the voting booth. (f) The Judge from each polling place shall call the Local Union office by 6:50 a.m. to verify that the voting location is prepared to operate at 7:00 a.m. (g) One Clerk shall have charge of the voting list. When a potential voter approaches to vote, the first Clerk shall ask the voter for his or her name, request identification and place an X in ink next to his or her name in the membership list. The second Clerk shall have a poll book where he or she will record the name, badge number and work location/classification of the voter, and then have the voter sign his or her signature. (h) The Judge shall have charge of the ballots, and shall hand to each qualified voter who enters the polling place one (1) ballot with the Judge's initials placed on the back of the ballot in ink. After the voter marks his ballot in ink he or she shall hand it back to the Judge. The Judge shall deposit it in the ballot box, and at no time shall a voter be allowed to deposit the ballot in the box him or herself, nor shall ballot boxes be opened until the box is delivered back to the Local Union office for counting. (i) Challenged Ballots: Any Member in Good Standing eligible to vote and who, because of their position may be on more than one polling list or whose name does not appear on a list may nevertheless vote with a challenged ballot. Examples of certain classifications, which may appear on multiple lists, may include pool clerks, pool janitors, pool supervisors and instructors and Executive Board Members. In order to vote, the following procedure must be followed: The voter must present an ID in order to vote; The voter must sign in on the Challenged Voters Poll Book; The voter shall be handed a large envelope which he or she must fill out with his or her name, badge number, location and reason why they are voting on a challenged ballot; 25

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