POST
DATE: FEBRUARY 14, 2008
TO: ALL MEMBERS OF LOCAL UNION 1181-1061
FROM: TOMMY N. MULLINS – TRUSTEE
SUBJECT: AMENDMENTS TO LOCAL UNION BY-LAWS
Section 13.2 Bylaws. Of the International Constitution and General Laws provides that “The bylaws and rules of L.U.s and amendments thereto, to be legal and effective, shall be read at two (2) regular meetings of the L. U. before adoption and it shall require a two-thirds vote of the membership in attendance and voting at the second union meeting to adopt.”
Accordingly, the attached proposed amendments to the bylaws of Local Union 1181-1061 were read at the monthly meeting on February 12, 2008, and voting upon such amendments will begin at the next Union meeting in March. Based on the requirement for a two-thirds vote of approval, as outlined above, all of the proposed amendments cannot be completed at the March Union meeting; therefore, amendments will be voted upon at consecutive monthly meetings thereafter until the voting is completed. Based on the number of proposed amendments, a vote on all of the amendments will not be completed in time for nominations for Local Union offices in May and election in June.
Union meetings will continue to be held in May and June and the voting on the amendments will be continued. No monthly Union meetings will be held in July and August as a result of the school summer break. Therefore, nominations and elections for Local Union offices cannot be held until all proposed bylaws amendments have been addressed by the membership and approved by the International President. At such time as a decision is made to conduct the election of officers, the election shall be for a reduced term of office (i.e., a thirty-two (32) months term of office) which will expire in the normal election cycle of the Local Union.
Please read the proposed amendments carefully and be prepared to promptly vote upon the proposed amendments, beginning with the March, 2008, meeting, in order to move the voting process forward as quickly as possible.
The current By-Laws read as follows:
ARTICLE III
Officers
GENERAL OFFICERS: The General Officers of the Local Union shall consist of a President-Business Agent, Vice-President, Recording Secretary and Financial Secretary-Treasurer.
The proposed amendment to read as follows:
ARTICLE III
Officers
GENERAL OFFICERS: The officers of the Local Union shall consist of a President-Business Agent, Vice-President, Recording Secretary, Financial Secretary-Treasurer and nine (9) Executive Board members. All officers shall be elected by the membership at large.
The current By-Laws read as follows:
ARTICLE IV
Additional convention delegates may be elected at the same time and in the same manner as officers of the Local Union.
The Executive Board shall determine the number of convention delegates who shall attend a convention on behalf of the Local
The proposed amendment to read as follows:
ARTICLE IV
Executive Board Members shall be Convention delegates and the positions shall be nominated and elected as Executive Board Member and Convention Delegate. Additional Convention delegates may be elected at the same time and in the same manner as officers of the Local Union, or at such other time, as is in accordance with Constitution and General Laws of the International Union.
Executive Board shall determine the number of convention delegates who shall attend the convention on behalf of the Local
The current By-Laws read as follows:
ARTICLE V
In the event of a vacancy in the President-Business Agent’s position, that position shall be filled by a special election which must be held within ninety (90) days of the occurrence of the vacancy. Such special election shall be in accordance with the election procedures set forth herein. Pending the special election for President-Business Agent, the Executive Board shall designate member of the Executive Board to perform the duties of the President-Business Agent until such time as the special election for a new President-Business Agent is held.
The proposed amendment to read as follows:
ARTICLE V
In the event of a vacancy in the President-Business Agent’s position, that position shall be filled by a special election which must be held within ninety (90) days of the occurrence of the vacancy. Such special election shall be in accordance with the election procedures set forth herein. Pending the special election for President-Business Agent, the duties of the President/Business Agent shall be performed by the Vice President until such time as the newly elected President/Business Agent is installed into office.
The current By-Laws read as follows:
ARTICLE VIII
Shop Stewards
Where the President-Business Agent deems a shop steward necessary, he shall appoint a shop steward or he shall order an election for shop steward by the members of the Division working at a particular location or property. These shop stewards shall report to the President-Business Agent.
The proposed amendment to read as follows:
ARTICLE VIII
Shop Stewards
Where the President-Business Agent deems a shop steward necessary, he/she shall order an election for shop steward by the members working at a particular location or property and shop steward positions may not be combined with any other office of the Local. Shop stewards shall report to the President-Business Agent. Vacancies in shop stewards position shall be filled by appointment by the President-Business Agent until such time as an election may be held to fill the vacancy.
The current By-Laws read as follows:
ARTICLE X
DUTIES OF OFFICERS
The President-Business Agent shall have the power to appoint special organizers and designate officers of the Division to work on a full-time basis as the needs of the Division require and may assign any officer to duties anywhere as required by the affairs of the Division.
He may appoint a Sergeant-at-Arms if the needs of the Division require.
He may likewise hire such full-time and/or part-time office help as the needs of the Division may require.
The proposed amendment to read as follows:
ARTICLE X
DUTIES OF OFFICERS
Shall have the power to appoint special organizers and to determine their wages and benefits while serving in such appointed positions, and may assign duties as required by the needs of the Local Union, subject to the approval of the Executive Board.
May appoint a Sergeant-at-Arms if the needs of the Local Union require.
May likewise hire such full-time and/or part-time office help as the needs of the Local Union may require and shall have the authority to set their terms and conditions of employment, subject to the approval of the Executive Board.
The current By-Laws read as follows:
VICE PRESIDENT :
The Vice-President shall assist the President-Business Agent in preserving order at meetings.
He shall be a member of the Executive Board.
He shall be a delegate to all Conventions.
The proposed amendment to read as follows:
VICE PRESIDENT :
The Vice-President shall assist the President-Business Agent in preserving order at meetings.
Shall be a member of the Executive Board.
Shall be a delegate to all Conventions.
In the event of a vacancy in the office of the President/Business Agent, the Vice President shall assume the duties of the office of the President/Business Agent until the office is properly filled in accordance with the requirement of these by-laws.
The current By-Laws read as follows:
ARTICLE XI
Salaries
The positions of President-Business Agent and Financial Secretary-Treasurer shall be salaried positions. They shall receive such salaries as are in effect at the time of election to office. The Executive Board my increase such salaries subject to the approval of the membership. The President-Business Agent shall be reimbursed for all expenses incurred on behalf of the Division.
All other positions shall be without salary except where appointed by the President-Business Agent with the approval of the Executive Board to perform duties on behalf of the Division. The salary and expense allowance of members so appointed and the expense allowance of shop stewards, shall be determined by the President-Business Agent with the approval of the Executive Board.
The proposed amendment to read as follows:
ARTICLE XI
Salaries
The positions of President-Business Agent, Vice President, Financial Secretary-Treasurer, Recording Secretary and Executive Board members shall be full-time salaried positions. They shall receive such salaries as are in effect at the time of election to office. Salaries shall be increased by the same percentage increase in wages, and at the same effective dates, as increases in wages in the Labor Agreement covering those members employed by Various Contractors performing work under contract for the New York City Department of Education. Salaries shall be subject to change by action of the membership by amendment of these by-laws.
The expense allowances and all benefits of all officers, and the expense allowance of shop stewards, shall be the same as is in effect at the time of the approval of these by-laws, subject to change by action of the membership by amendment of these by-laws.
The current By-Laws read as follows:
ARTICLE XIV
DUES
Section 3. The minimum dues of this Labor Union for all categories of members who are on disability, workmen’s compensation, or unemployed due to lack of summer work, shall be the International monthly per capita tax as set forth in the Amalgamated Transit Union’s Constitution and General Laws. Each member shall be required to pay to the Financial Secretary-Treasurer during the first week of each month, such sums as are necessary to make the minimum dues payment under the provisions of this Article.
The proposed amendment to read as follows:
ARTICLE XIV
DUES
Section 3. The minimum dues of this Local Union for all categories of members including those who may have been terminated and having their case litigated by the Local Union, those who are on disability, workmen’s compensation, or unemployed due to lack of summer work, shall be the International monthly per capita tax as set forth in the Amalgamated Transit Union’s Constitution and General Laws. Each member shall be required to pay to the Financial Secretary-Treasurer during the first week of each month, such sums as are necessary to make the minimum dues payment under the provisions of this Article.
The current By-Laws read as follows:
ARTICLE V
ELECTIONS
Section 6. Regular elections shall be held in the month of June following the month of May in which nominations are held and shall be held at the Division Headquarters or such other place as the Executive Board may determine. The Executive Board may designate the date and opening and closing hours of the polls. No other business shall be conducted except the election.
Each member in good standing shall be entitled to one (1) votes which shall be by secret ballot.
The proposed amendment “A” to read as follows:
ARTICLE V –ELECTIONS - AMENDMENT “A”
ARTICLE V
ELECTIONS
Section 6. Regular elections shall be held in the month of June following the month of May in which nominations are held. Elections shall be at a location in each borough of New York City, two (2) locations on Long Island, a location in Westchester, a location in Rockland, and at the Local Union Headquarters. Members must vote at the polling location in the borough of New York City where their work assignment is located, at the Long Island polling locations, the locations in Westchester and Rockland, and Local Union Headquarters. Any member voting at other than their designated work location shall cast a challenged ballot. Each polling location shall be selected to provide a reasonable opportunity for all members to vote. Each polling location shall be attended by two (2) tellers appointed by the President/Business Agent, or by representatives of an election service if such an election service is used. Any candidate shall have the right to have an observer at the polls and at the location of the counting of the ballots. The Local Union shall have the privilege and option of using voting machines. The Executive Board shall designate the date(s) and opening and closing hours of the polls, which shall be no less than twelve (12) hours a day.
Each member in good standing shall be entitled to one (1) vote, which shall be by secret ballot.
The proposed amendment “B” shall read as follows:
ARTICLE V
ELECTIONS
Section 6. Regular elections shall be held in the month of June following the month of May in which nominations are held. Elections of officers shall be conducted by use of a mail ballot. The preparation, mailing, collection, and counting of the ballots shall be conducted by representatives of an independent election service under the supervision of the Financial Secretary-Treasurer. Any candidate shall have the right to have an observer at the location of the counting of the ballots. Each member in good standing shall be entitled to one (1) vote, which shall be by secret ballot. A ballot and instructions on the casting of a mail ballot shall be mailed to each Local Union member at the member’s last known home address. The Executive Board shall designate the date the ballots will be mailed and the date and location of the counting of the ballots. Ballots must be mailed at least fifteen (15) days prior to the date and time the ballots are to be returned.
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