BYLAWS of the Southwest Florida Symphony Musician s Association ARTICLE I-Basic Structure A. Name: The name of this organization shall be the Southwest Florida Symphony Musician s Association. It shall be a constituent assembly of the Musician s Union of Tampa, FL (the Local ) Local 427-721, American Federation of Musicians (AFM). B. Object: The Object of the Orchestra Committee shall be: 1. to unite the musicians of the Southwest Florida Symphony Orchestra Chorus Association ( Southwest Florida Symphony ); 2. to communicate the needs and wishes of those musicians to the management of the Southwest Florida Symphony; 3. to exchange information with the musicians from other symphonic orchestras; 4. to communicate and facilitate negotiation with the management of the Southwest Florida Symphony (herein referred to as the Management ) in any matter delegated to it. The Orchestra Committee, defined in Article III, shall act as a liaison with the Local on such matters. 5. to work in general to promote the welfare of the musicians of the Southwest Florida Symphony. C. Parliamentary Authority: The rules contained in the current edition of Robert s Rules of Order Newly Revised shall govern the Orchestra Committee in all cases to which they are applicable and in which they are not inconsistent with these Bylaws, the Bylaws of the Local, the Bylaws of the AFM, or any special rules of order the Orchestra Committee may adopt. ARTICLE II-Eligibility A. Orchestra Member Voting: Musicians who have performed a simple majority of offered series in the prior season and have or will have performed in a simple majority of offered series during the current season shall be considered eligible Orchestra members with all voting privileges (minimum of four [4] series offered). 1. Voting eligibility stated in Article II section A will remain in effect until which time official membership is determined in any future Master Agreement/CBA.
B. Establishment of Eligibility: Any musician not meeting the criteria listed in Article 2A has the right to petition the Orchestra Committee to establish eligibility. Determination is made by a majority vote of the Orchestra Committee. C. Orchestra Committee Candidates: Musicians who meet the requirements of Article II section A or have successfully petitioned through Article II section B are considered members of the Southwest Florida Symphony and are eligible for Orchestra Committee candidacy. Candidates must be AFM members in good standing. D. Dues: The suggested voluntary contribution for each orchestra member shall be $10.00 per concert season. ARTICLE III-Committee and Delegates A. Orchestra Committee: The Orchestra Committee will consist of five members, elected at large from the eligible body of the orchestra. Up to two alternates will be declared and determined by the next two highest vote totals. Officers of the committee shall be decided by majority vote within the committee. The officer vote shall take place during the first meeting of the new committee following elections and shall be the first order of business. B. Interim Authority: Between meetings of the Musician s Association (Article 6), the Orchestra Committee shall be authorized to act on behalf of and in the name of the Musician s Association in all matters consistent with these Bylaws, or with the Bylaws of the Local of the AFM, or a future master agreement/cba. C. Meeting of the Orchestra Committee: Meetings of the Orchestra Committee shall take place as needed at the call of the Chair or upon the petition of any three officers. Three officers shall constitute a quorum for meetings of the Orchestra Committee. D. Additional Ad Hoc and Advisory Members: Such other persons with special abilities or insights, standing or special, and such delegates to other organizations as the Orchestra Committee shall be deemed necessary from time to time to carry on the work of the Orchestra Committee shall be appointed by the Chair with the concurrence of the Orchestra Committee unless otherwise provided or determined. These members are non-voting in the Orchestra Committee business.
E. Union Steward: A Union steward (also known as a shop steward) will be an ex-officio member of the Orchestra Committee and will be appointed by Local 427-721 to represent the Union at the worksite. As the Local s representative in the workplace, the steward will monitor the collective bargaining agreement, help the Orchestra Committee advise employees on contract provisions, confront the employer over contract violations and safety issues, and represent employees in grievance proceedings. When the Local decides that a steward needs to be appointed, the Local will request that the Orchestra Committee submit three candidates to the Local. These candidates will be determined by either balloting the orchestra or the Orchestra Committee may decide amongst themselves whom the candidates will be. These candidates will be current AFM members, contracted under the CBA. The Local will make the final decision as to who is selected as the steward. The Local may also appoint an interim steward who will serve for the length of time agreed upon by the Orchestra Committee. The steward may attend Orchestra Committee meetings but may not vote on official business conducted by the Orchestra Committee. F. ROPA Delegate: The Musician s Association shall maintain a Regional Orchestra Players Association (ROPA) membership. Orchestra members who are Union members may be elected by the eligible voting members of the orchestra to serve as a delegate to the annual ROPA convention. The ROPA delegate will be elected in even-numbered years and shall hold his/her term of two years. The ROPA delegate shall be entitled to attend Orchestra Committee meetings but may not vote on official business conducted by the Orchestra Committee. ARTICLE IV-Elections A. Terms of Office: All members of the Orchestra Committee as a condition of holding those positions shall be and shall remain eligible voting members of the Southwest Florida Symphony personnel. Members of the Orchestra Committee shall serve for a term of two years, with three members being elected in odd-numbered years and the other two members elected in even-numbered years. 1. Elections for the Orchestra Committee shall take place annually at a General Orchestra meeting called prior to the dress rehearsal of the second to last classics series of the season in which quorum is met (Article 6 section E). The new committee shall take office immediately upon conclusions of the current concert series unless negotiations for a new Master Agreement/CBA are in progress at that time. In the latter event, the current committee shall remain in office until negotiations have been concluded and a new Master Agreement/CBA has been ratified. Upon ratification the new Committee shall take office.
B. Procedures for Elections 1. Nominations: Nominations for the Orchestra Committee shall take place at the General Orchestra Meeting defined in Article 4 section A1. Nominations shall be made from the floor and shall not be closed until there are at least as many candidates as there are positions open. Nominees must accept nomination to be placed on the ballot. In the event a nominee is not present, the nominee must be contacted and must accept the nomination before the election is commenced. 2. Elections: Elections shall be by secret ballot in person at a General Meeting and by mail and shall be held immediately upon conclusion of the dress rehearsal of the second to last classics concert with each eligible orchestra member allowed to cast as many votes as there are positions to be filled. Those candidates, equal in number to the number of positions to be filled, who receive the highest number of votes, shall be declared elected. The newly elected Orchestra Committee members shall take office at the beginning of the new term (Article 4 section A1). 3. No Confidence Rule: In the event that the number of candidates should equal the number of positions to be filled, the candidates will be confirmed through a secret ballot of yes or no (no confidence). The confirmation shall take place as the general election described in Article 4 section B2. C. Vacancies: Any vacancy on the Orchestra Committee shall be filled by the next available alternate determined through the election process. The alternate must accept the promotion and will serve the remainder of the term of the outgoing committee member. If there are no alternates available, a General Orchestra Meeting must be called at the next concert series to fulfill the vacancy for the remainder of the term. D. Removal: An Orchestra Committee member shall be removed from his/her position upon a finding of guilt on charges of Bylaws violations justifying removal. Charges bearing the signature of at least ten Orchestra Members must be filed in writing with the Chair or with the Secretary, who shall immediately serve a copy of the charges upon the charged party. The charges must state the specific Article(s) and Section(s) of the Bylaws allegedly violated and the acts giving rise to such violation. The charges shall be heard at a Special Meeting of the orchestra members held no sooner than the next concert series nor more than three concert sets from the filing of the charges. Upon a finding of guilt by a two-thirds vote by secret ballot of eligible voters, the charged party shall be immediately
removed from his/her position and the position declared vacant. ARTICLE V-Officers A. Offices: As the first order of business at its first meeting following the annual elections (Article 3 section A), the Orchestra Committee shall elect each of its members to one of the following offices: (1) Chair (2) First Vice-Chair (3) Second Vice-Chair/Parliamentarian (4) Secretary (5) Treasurer These officers shall perform the duties mandated by these Bylaws and by the Parliamentary authority specified herein. B. Chair: The Chair shall serve as the Presiding Officer for all meetings of the Orchestra Committee and the general meeting of the orchestra, and shall be the official spokesperson for the Committee. The Chair shall have the right to express the Orchestra Committee s official position on any issue and to defend that position in debate without leaving the chair, all rules and regulations to the contrary notwithstanding. To enter personally into debate other than as a spokesperson for the Committee, however, the Chair shall relinquish the chair in accordance with standard parliamentary practice. C. Vice Chairs: The Vice-Chairs, in order of their numerical rank, shall perform the duties of the Chair in the absence or disability of the latter. The First Vice-Chair may also be assigned by the Chair to serve as acting Secretary or acting Treasurer at a meeting if the need arises. D. Parliamentarian: The Second Vice-Chair shall also assume the role of Parliamentarian. The Parliamentarian shall maintain order in the meetings of the orchestra members as described in Robert s Rules of Order. E. Secretary: The Secretary shall give notice of all meetings, keep faithful minutes of all meetings, and conduct all correspondence not otherwise assigned. The Secretary shall forward the minutes of meetings to all members of the committee. The Secretary shall also maintain an official copy of these Bylaws, including all amendments thereto. F. Treasurer: The Treasurer shall collect all dues and other revenues of the orchestra members, maintain the same in a bank or credit union determined by the Orchestra Committee, disburse funds as directed by the Orchestra Committee, and keep an accounting of all balances and transactions. The Treasurer must have the approval of the Orchestra
Committee for expenditures in excess of $100.00. All expenditures under $100.00 are to be limited to housekeeping expenses, e.g., postage, stationery, travel, food. The Treasurer shall submit a financial report at the first meeting of the general body of the orchestra, during the first classics concert series of each season. Such reports shall be prepared in accordance with generally accepted accounting procedures. At the conclusion of a Treasurer s term, he/she shall deliver to the successor all funds, books, and papers of the Orchestra Committee under his/her control. G. Alternates: In the event that an alternate be called into service, the Orchestra Committee shall meet to determine the need to re-elect officers. ARTICLE VI-Meetings A. General Meetings: A general meeting of the Musician s Association shall be held in connection with a full orchestra rehearsal, selected by the Orchestra Committee, for the first full orchestra concert series of each concert season. Additional regular meetings shall be held as needed and determined by the Orchestra Committee. Notice of all meetings shall be given to all members at least seven days prior to the meeting. Notice of meetings for nomination of Committee Members shall be given at least one week (seven days) before such meetings. All general meetings shall have an agenda. Any Orchestra member shall have the right to request an item be placed on the agenda by submitting the item to a member of the Orchestra Committee at least twenty-four hours prior to the meeting. B. Emergency Meetings: Emergency meetings may be called without notice if the meetings pertains to a rehearsal or performance in progress, or if an action must be taken by the membership following the meeting. An Emergency Meeting may be called by any Orchestra Committee member. C. Cancellations: The Chair of the Orchestra Committee shall be empowered to cancel a regular meeting if he/she perceives that there would be no business requiring the attention of the Orchestra at such meeting. D. Special Meetings: Special meetings may be called by the Chair, by a majority of the Orchestra Committee, or upon the petition of ten members of the Orchestra. At least seven days notice shall be given for a special meeting, and the purpose of the meeting shall be stated in the call other than meetings concerning removal stated in Article 4 section D. E. Quorum: The quorum for meetings of the Musician s Association shall be half of the members. In the absence of a quorum, an open meeting of the Orchestra Committee shall be held during which any members present may state their opinions. If at any time during this open meeting a quorum
should be reached, a formal meeting of the Orchestra musicians shall be called to order. ARTICLE VII-Master Agreement Negotiations A. Orchestra Committee Responsibility: It shall be the responsibility of the Orchestra Committee to examine agreements or a Master Agreement/ CBA with respect to the current season, to solicit the input of the membership on potential modifications to those agreements, to formulate new proposals for the next Master Agreement/CBA negotiations, and to report and discuss its findings and proposals with the Musician s Association at meetings prior to negotiations. The Orchestra Committee shall communicate proposed modifications of a Master Agreement/CBA to the Local and work with the Local during negotiations to effect desired modifications. B. Ratifications Procedure: When tentative agreement on a new Master Agreement has been reached in negotiations or when the Orchestra Committee believes it necessary or desirable that a new Master Agreement proposal from the management be put to a ratification vote, a special meeting shall be called for the purpose of discussing the new Master Agreement. An outline of the proposed modifications shall be included in the call of the special meeting. Ratification voting will be administered via postal mail. In emergency cases, the Orchestra Committee may call for an in-person secret ballot vote in lieu of the voting procedure stated previously. If the timing of the ratification process occurs outside the orchestra s concert season, an outline of the proposed modifications shall be mailed to all members of the Orchestra and Ratification Ballots will be included in this mailing. Orchestra members will have ten days from the date of mailing to postmark their return ballots. A simple majority vote of all eligible voting Orchestra members in favor of the proposed new Master Agreement shall constitute a request that the Local execute the approved Agreement. ARTICLE VIII-Amendment of Bylaws A. Proposals: Any proposal to amend these Bylaws shall be submitted to the Secretary by the Orchestra Committee or by written petition signed by at least ten eligible Orchestra members. The proposal shall be submitted in writing to the membership at least seven days prior to the Special Meeting at which it is to be considered. B. Enactment: Enactment of a proposed amendment shall require a twothirds vote either via postal mail or at a Special meeting of the Musician s Association at which a quorum of eligible orchestra members is present.
APPENDIX A. These inaugural Bylaws of the Southwest Florida Symphony Musician s Association shall be distributed to the members of the Musician s Association for ratification consideration. The Bylaws shall be enacted by a simple majority vote of YES by eligible Orchestra members. B. Upon ratification of these Bylaws by the Orchestra members, elections for new Orchestra Committee members will occur according to Article 4. This will result in three Orchestra Committee positions open for election in the spring of 2007. C. The American Federation of Musicians Local 427-721 considers it highly unprofessional for a musician to complain to management about a fellow musician. It is within the right of any musician to file charges should a fellow musician approach management concerning his/her qualifications and it would further be well within the Local s authority to file such charges. Chair Date 1 st Vice-Chair Date