CONSTITUTION AND POLICIES
of the
INTERNATIONAL FEDERATION of
PROFESSIONAL and TECHNICAL ENGINEERS
LOCAL 17, AFL-CIO/CLC
INDEX
ARTICLE 1 - NAME............................................................................................................................................... 1
ARTICLE 2 - OBJECTIVES.................................................................................................................................... 1
ARTICLE 3 - AUTHORITY.................................................................................................................................... 1
ARTICLE 4 - REGIONAL EXECUTIVE COMMITTEE...................................................................................... 1
ARTICLE 5 - EXECUTIVE BOARD...................................................................................................................... 2
ARTICLE 6 - EXECUTIVE DIRECTOR & UNION
REPRESENTATIVES........................................................ 5
ARTICLE 7 - CHAPTERS....................................................................................................................................... 6
ARTICLE 8 - NOMINATION AND ELECTION PROCEDURES....................................................................... 9
ARTICLE 9 - BARGAINING AGREEMENT ELECTIONS................................................................................ 13
ARTICLE 10 - STEWARDS..................................................................................................................................... 14
ARTICLE 11 - MEMBERSHIP................................................................................................................................ 14
ARTICLE 12 - FINANCES....................................................................................................................................... 16
ARTICLE 13 - AFFILIATIONS/LABOR
COUNCILS........................................................................................... 18
ARTICLE 14 - DISCIPLINE..................................................................................................................................... 18
ARTICLE 15 - AMENDMENTS............................................................................................................................. 19
POLICIES
REGIONAL EXECUTIVE COMMITTEE (ARTICLE 4)........................................................................................... 20
CHAPTERS (ARTICLE 7)............................................................................................................................................ 21
MEMBERSHIP (ARTICLE 11).................................................................................................................................... 21
FINANCES (ARTICLE 12)........................................................................................................................................... 21
MEMBER REPRESENTATION.................................................................................................................................. 22
INSTALLATION OF OFFICERS................................................................................................................................. 24
RIGHTS OF PERSONS EMPLOYED IN AGENCY SHOP BARGAINING UNITS................................................ 24
POLITICAL ACTION COMMITTEE POLICIES....................................................................................................... 24
OPERATION OF LOCAL 17'S DEFENSE FUND...................................................................................................... 24
EMPLOYER RELEASE TIME PROPOSALS.............................................................................................................. 26
ORGANIZING POLICY............................................................................................................................................... 26
SEXUAL HARASSMENT............................................................................................................................................ 28
LOCAL 17 REPRESENTATION
ON THE IFPTE EXECUTIVE COUNCIL............................................................ 30
EXECUTIVE DIRECTOR DUE PROCESS.................................................................................................................. 31
The name of this organization shall be
"International Federation of Professional and Technical Engineers, Local
17", hereinafter referred to as the Local, affiliated with the American
Federation of Labor and Congress of Industrial Organizations and Canadian Labour Congress.
The objectives of this organization are to
elevate the economic status of its members by establishing higher standards of
skills, providing job security, improving the general working conditions and
securing, by legal and recognized means, adequate and proper compensation and
benefits for its members.
The policies and practices of the Local shall be
determined by the membership through its elected representatives subject to the
limitations of this Constitution.
The authority of the Local shall be in the following order:
1. The Regional Executive Committee
2. Executive Board
3. Executive Director
ARTICLE 4 - REGIONAL
EXECUTIVE COMMITTEE
A.
The Regional Executive Committee (REC) shall consist of the Local's Executive Board and of representatives from each Chapter in the ratio of one representative for each seventy five members, or a
majority fraction thereof. Each
Chapter, however, shall have a minimum of one representative. The Chapter membership on September 1st
of each year will be used to determine the number of delegates for the
following year. A quorum shall
consist of a majority of the duly elected REC members.
B.
The Regional Executive Committee meetings will be held on a Saturday in
February, June, and October, the specific date and location to be determined by
the Executive Board. One meeting per year may be substituted with a day of
training upon approval of the REC.
Regular meeting dates may be changed by a majority vote of the Executive
Board. Additional meetings may be called by the Executive Board or by a
majority of the Regional Executive Committee.
C.
The Regional Executive Committee shall be the policy making body of the
Local. Its decisions shall be
final and binding. However, decisions may be referred to the membership by a
mail ballot, if requested by a majority of the representatives present at a
Regional Executive Committee meeting.
A majority of the ballots cast by the membership shall determine the
outcome.
D.
Minutes of Regional Executive Committee meetings shall be distributed to
each REC delegate as soon as possible, but no later than 60 days after the REC
meeting. Delegates shall be
expected to report on such minutes and proceedings of the REC to their
respective Chapters.
E.
Transportation and other essential items of expense shall be allowed in
accordance with current policy adopted by the REC.
F. The REC delegate list will be revised annually from Chapter
election results and the complete list will be provided to REC delegates at the
first REC meeting of the year and to members upon request.
Section 1 - The Executive Board
A.
The Executive Board of the Local shall consist of the officers of the
Local: President, Vice President, Secretary-Treasurer, and three (3) Trustees.
A quorum shall consist of a majority of the Board members.
1.
The Executive Board will meet on the second Tuesday of each month unless
scheduled otherwise. The Executive
Board shall establish a calendar of meeting dates at the first meeting after
installation. The Executive Board
shall meet upon call by the President or a majority of the Board and shall act
upon matters referred to them.
2. The Executive Board shall represent the
Local between meetings of the REC when urgent business requires prompt and
decisive action.
3. The Executive Board shall have
financial oversight responsibility for the Local's bank accounts, resources and
expenses. The Executive Board
shall require the Executive Director to produce, at least annually, an audit of
the Local's financial records and accounts. The Executive Director shall retain the service of an independent
certified public accountant to prepare such audit, the results of which shall
be summarized in writing and submitted to the Executive Board and then the REC
for review. The Executive Board
shall also draw up a budget consistent with the income of the Local and submit
it to the REC at least once a year.
4. The Executive Board shall be bonded as
required by law and shall not at any time hold more money than the amount of
the bond.
5. The Executive Board shall examine and
act upon the Executive Director's activity report. The activity report shall include but not be limited to a
monthly statement of income and expense and the presentation of all invoices
payable.
6. The Executive Board shall act upon
applications for membership.
7. The Executive Board members may attend,
as delegates from Local 17, the International Convention of the I.F.P.T.E.,
which occurs during their terms of office in accordance with Article 12,
Section 12.2 of the I.F.P.T.E. Constitution. The balance of the delegation
shall be filled by members in good standing and duly elected by the membership
at large. Local 17 will not pay time loss for delegates attending the
convention.
B.
No member of the Local shall run for more than one Executive Board
office concurrently.
C.
The Executive Board shall be elected for terms of three (3) years or
until their successors have been duly installed. The Executive Board member's term of
office shall be staggered so that two positions are subject to election each
year, specifically one Trustee position and one other Board position.
D.
Installation of newly elected Board members shall be the first order of
business at the first REC meeting following their election.
E.
The Executive Board shall receive reimbursement for expenditures made in
carrying out their duties, and may receive compensation for their time, in
amounts to be set by the REC.
1. The President may contract expenditures
with approval by the Executive Board.
Any such expenditures must be justified and
brought before the Executive Board at its next meeting.
2. The Secretary-Treasurer may contract
expenditures with approval by the Executive Board. Any such expenditures must be
justified and brought before the Executive Board at its next meeting.
Section 2 - President
A.
The President shall preside at all meetings of the Local, the Executive
Board and the REC. The President
shall preserve order and enforce the Constitution and Policies of the
Local. The President shall decide
all questions of order, subject to appeal. The President shall have the deciding vote in case of a tie.
B.
The President may appoint committees as necessary and is an ex-officio
member of all committees.
Section 3 - Vice President
A.
The Vice President shall assist the President in the discharge of
official duties and shall act as President in the absence of the President.
B.
In the absence of both the President and Vice President, a member of the
Executive Board, chosen by a majority of the Board, may call the meeting to
order and shall act as President pro-tem.
Section 4 - Secretary-Treasurer
A.
The Secretary-Treasurer shall record and preserve accurate minutes of
all meetings of the REC and the Executive Board.
B.
An itemized financial statement of income and expense shall be presented
at each meeting of the Regional Executive Committee. The statement shall cover the months up to the month prior
to the REC meeting.
Section 5 - Trustees
The Trustees shall be voting members of the
Executive Board with full oversight responsibilities and signatory authority on
the Local's bank accounts.
ARTICLE 6 - EXECUTIVE
DIRECTOR AND UNION REPRESENTATIVES
A.
The Local may employ an Executive Director by majority vote of the
Regional Executive Committee.
B.
The Regional Executive Committee shall establish criteria for applicants
for the position of Executive Director which should
include managerial experience and labor relations expertise sufficient to
indicate an ability to perform the duties of the position. Applicants for this position shall
present applications to the Local 17 hiring committee. The hiring committee shall be comprised
of the Executive Board and six (6) REC delegates from city, county and state
units and shall be appointed by the President. The hiring committee shall examine
the qualifications of the applicants, interview candidates deemed most
qualified, and present a finalist to the REC for approval.
C.
The Executive Director's contract shall be for a period of three (3)
years, subject to renewal. The
Executive Director shall be subject to removal by a majority vote of the
Regional Executive Committee.
D.
Should it be necessary to fill the position of Executive Director
between Regional Executive Committee meetings, the Executive Board shall
examine the qualifications of all applicants and make an interim appointment.
E.
The Executive Director shall be the official representative of the Local
in all matters affecting the progress, interest, and welfare of the Local and
its individual members. The
Executive Director shall assist the Executive Board of the Local in the
performance of its duties. The Executive Director or the Director's designee shall sign all Local 17 labor agreements and memoranda of understanding.
F.
The Executive Director may contract expenditures in the name of the
Local in accordance with the budget adopted by the REC. The Executive Director may contract
expenditures for routine office administration and regular Local meetings. Other expenditures must be justified
and brought to the Executive Board prior to entering into any contract.
G.
The Executive Director shall be an ex-officio member of the Regional
Executive Committee, but without vote.
H.
The Executive Director has the sole authority to hire/terminate
employees of Local 17 after the position has been approved by the REC. Employees of the Local shall be under
the direct supervision of the Executive Director.
I.
The rate of pay of the Executive Director shall be set by contract
approved by the Regional Executive Committee. All collective bargaining agreements covering Local 17
employees are subject to approval by the REC.
J.
The Executive Director shall be bonded as required by law and shall not
at any time hold more money than the amount of the bond.
K.
The employees of Local 17 shall not make loans to any members or be
granted loans from the Local.
L.
The Executive Director shall be authorized to sign payroll,
compensation, and benefit checks for all approved employees.
M.
The Executive Director or the Director's designee shall receive and record all funds paid into the Local and shall deposit such funds in the name of the Local.
N.
The Executive Director or the Director's designee shall keep a correct account of each member and shall maintain the official record of membership.
O.
The collection of dues, initiation fees, assessments, etc., shall be the
responsibility of the Executive Director.
P.
The Executive Director shall receive approval from the Executive Board
before organizing any new units.
Representation of staff members of other labor organizations is
prohibited.
Section 1 - Purpose
A.
The purpose of Chapters shall be to provide a forum for members to come
together to discuss the affairs of their union and the labor community.
Chapters address issues pertaining to their workplaces and seek solutions to
workplace problems through their union and the collective bargaining process.
Chapters participate in the governance of their union through the election of
delegates to the REC.
B.
The Regional Executive Committee may establish, or dis-establish,
Chapters of Local 17 where concentration of membership or community of interest
warrant. Members of a bargaining
unit in a designated geographical area are allowed to transfer membership to a Chapter which will serve them better.
C.
To form a Chapter, a petition signed by no less than seven (7) members
in good standing who reside or work in the area where the Chapter is to be
formed shall be sent to the office of the Local. The petition shall be considered by the Executive Board,
which shall make a recommendation to the REC. Final decision on the formation of the Chapter shall be made
by vote of the REC.
Section 2 - Meetings
A.
It shall be the responsibility of the Chapter members to establish the
date, time, and place of regularly scheduled or emergency meetings. It is recommended that Chapters hold at
least one meeting per year.
B.
Fifteen (15) members or 10% of the Chapter membership, whichever is
less, shall constitute a quorum at a regular or special meeting. Five (5) members shall constitute a
quorum for Chapters with a total membership in good standing of less than fifty
(50) members.
Section 3 - Chapter Officers
A.
The officers of the Chapters shall be President, Vice President, and
Secretary-Treasurer and delegates to the REC. However, at the Chapter's
discretion, the office of Secretary-Treasurer can be divided into two separate
offices, Secretary and Treasurer.
These officers shall be elected in accordance with Article 8, Nomination
and Election Procedures.
B.
Each Chapter may elect a member to serve on the Local 17 Political
Action Committee Board.
C.
It shall be the duty of the Chapter President to preside at meetings of
the Chapter, to preserve order, and to enforce the rules, policies, and
practices of the Chapter and directives of the REC in accordance with the
Constitution and Policies of the Local.
D.
The Vice President shall assist the President in the discharge of duties
and shall be the presiding officer in the absence of the President.
E.
The Secretary-Treasurer shall record and preserve accurate minutes of
all meetings of the Chapter and forward copies of the minutes to the Local's
office. The Secretary-Treasurer
shall make deposits in, and disbursements from, the Chapter treasury as
directed by the Chapter.
F.
The Chapter officers are accountable to Local 17 for the funds held by
the Chapter in the following manner:
1. The Chapter must open a savings and/or
checking account using the name of the Local along with the Chapter name and
direct the bank statements to the Local 17 office. Office staff will forward statements to the Chapter
Treasurer after photocopying them.
The account(s) must be two (2) signature account(s) with at least three
(3) authorized signatures on file at the bank.
2. The Chapter must mail to the Local 17
office a quarterly financial report within 30 days after the end of each
quarter, retaining a copy for Chapter files. Receipts for expenditures are to be attached.
3. Chapter quarterly financing checks will
not be sent until the financial report and the minutes of any meeting held
during the quarter are received.
Claims over twelve (12) months in arrears shall be considered invalid
and result in forfeiture of the affected quarterly financing.
Section 4 - Meeting Procedures
Chapter Meeting Procedure - Order of Business
1. Call meeting to order
2. Establish a quorum
3. Read and adopt minutes of previous
meeting
4. Communications
5. Reports
6. Old business
7. New business
8. Good of the order
9. Adjourn
The above order of business may be departed from
upon two-thirds vote of those present in order to take care of any urgent
matter(s) that may arise.
ARTICLE 8 - NOMINATION
AND ELECTION PROCEDURES
Section 1 - Regional Executive Committee and
Chapter Nomination/Election Procedures
A.
The nomination procedures for REC delegates and for Chapter officers are
outlined as follows:
1. The Chapter President shall appoint an
Election Committee Chair and Election Committee members as needed who will
supervise the nominations, the election, and count the ballots. The Election Chair and Committee
members shall not be candidates for any office being voted on in the current
election.
2. To be eligible for nomination to any
position, a member must have been in good standing in the Local for a period of
at least six (6) months immediately prior to election.
3. Chapter officers shall not hold more
than one office at a time, but can be elected to any other position for which
they are eligible, for example Labor Council delegate or REC delegate.
4. All REC delegates and Chapter officers
shall be elected for a term not to exceed three (3) years.
5. Chapters shall determine whether their
nomination/election process will be by meeting or by mail. All Chapter members shall be notified
of the nomination and election dates, times, place and deadlines at least
fifteen (15) days prior to the last date for submitting nominations.
6. Nominations of officers and delegates
shall take place prior to December 1st of the year in which a term of office
will expire.
7. Nominations made by mail or at a
Chapter meeting held for nominations may not be reopened once nominations for
the affected offices are closed.
8. Nominations may be in writing or in
person and must be received before the close of nominations for the affected
office. The Election Committee Chair shall validate all nominations prior to
the election.
B.
The election procedures for the REC delegates and for Chapter officers
are outlined as follows:
1. The election of officers and delegates
shall take place prior to January 1st of the year following the expiration of
any term of office, except for elections to fill vacant positions as provided
in paragraphs 6 and 7 below. No
installations shall be held on election night.
2. Election must be by secret ballot. Only candidates nominated in accordance
with the nomination procedures in Section 1-A shall appear on the ballot. In the case of an onsite election,
members living more than fifty (50) miles from the meeting site, or, who are
required to work during the meeting, may request and receive a ballot by
mail. The marked ballot must be
returned prior to the specified deadline.
Each Chapter shall determine its own policy regarding whether or not to
allow write-in candidates.
3. Election is by plurality, the
candidates receiving the most votes being elected. In case of a tie, it shall be broken by the flip of a coin. At the Chapter's discretion, those
candidates not elected may serve as alternates.
4. No candidate shall participate in the
ballot counting process. However,
candidates or their designees shall be entitled to observe the counting of
ballots. In case of uncontested
positions, the Election Committee Chair shall cast a unanimous ballot for the
nominee.
5. In case a regularly elected delegate or
alternate is unable to attend a meeting of the REC, an observer may be sent by
the Chapter President at the Local's expense, who will be seated as a guest.
6. REC delegates must be elected. In the event a vacancy occurs and no
alternates are available, the Chapter may hold an election to fill the vacant
delegate position.
7. Vacancies occurring in any Chapter
office shall be filled by appointment by the Chapter President until the next
regularly scheduled election is held.
During the temporary absence of an officer, the Chapter President shall
appoint a member to fill the vacancy pro-tem. If no Chapter officer is present at a regularly scheduled
meeting, a member may call the meeting to order and the Chapter shall elect a
President pro-tem.
8. Should any REC delegate, Chapter
officer, or committee member fail to discharge the duties of their office for
three (3) consecutive meetings, the Chapter President may declare the office
vacant and call an election to fill the vacancy.
9. A challenge to the election of REC
delegates or Chapter officers must be in writing and must be received by the
Election Committee Chair within fifteen (15) days of the date of the election.
Section 2 - Executive Board Nomination/Election
Procedures
A.
The nomination procedures for the Executive Board are outlined as
follows:
1. The Local President shall appoint an
Election Committee Chair and committee members, as needed, who will supervise
the nominations, election, and count the ballots. The Election Chair and committee members shall not be
candidates for any office being voted on in the current election.
2. To be eligible for nomination to the
Executive Board, a member must have been in good standing in the Local for a
period of at least six (6) months immediately prior to nomination.
3. Notice of election and opening of
nominations shall be mailed to all members in good standing, at their last
known mailing address, by September 1st of the year in which the elections are
to be held.
4. Nominations will be closed at 5:00 p.m.
of the next business day following October 4th. The Election Committee Chair shall validate all nominations
prior to the election.
B.
The election procedures for the Executive Board are outlined as follows:
1. Election of the Executive Board shall
be by secret ballot vote of the members in good standing. Secret balloting shall be conducted
after at least thirty (30) days advance notice. Only candidates nominated in accordance with the nomination
procedures in Section 2-A shall appear on the ballot. No write-in candidates will be recognized.
2. Ballots will be counted under the
direction of the Election Committee Chair. Each candidate shall be entitled to have an observer present
at the counting of the ballots, but no candidate shall participate in the
ballot counting process.
3. The ballot for any Executive Board
position shall state that the position will be an automatic delegate to the
IFPTE convention. For example, the
ballot for President would say "President/Delegate to the (___) IFPTE
convention." A Board member
is only an automatic delegate for the convention held during the term of
office, provided the Board member continues to hold office at the time of said
convention.
4. The election committee shall rent a
post office box for the return of all ballots and shall use the "three (3) envelope"
system. Access to the post office
box shall be allowed only to the election committee or the designee of the
Election Committee Chair.
5. All ballots must be returned by mail.
6. To be counted, ballots must be in the
post office box by 4:30 p.m. on the day designated for the ballot count.
7. Members may request a second ballot to
replace lost ballots.
8. Ballots shall be tallied by tellers
appointed by the Election Committee Chair.
9. A statement of up to 200 words per
candidate submitted by the deadline set by the Election Committee Chair will be
mailed with the ballot. Other
campaign material may be distributed using union facilities under staff control
at the candidate's expense.
10. If the candidates are separated by 3%
or less after the ballots are tallied, candidates may request a recount by
notifying the Election Committee Chair in writing within seven (7) days after
the ballots are counted.
11. Election shall be by plurality. In the event of a tie, the winner shall
be determined by the flip of a coin.
12. If a vacancy is created by death,
resignation, or removal, it shall be filled by an Executive Board appointment
until the next regular election.
13. A challenge to the election of an
Executive Board position must be in writing and must be received by the
Election Committee Chair within fifteen (15) days of the election date.
Section 3 - Installation
A.
Newly elected Executive Board members and REC delegates shall be
installed and take their oath of office at the February REC meeting following
their election.
B.
Chapter officers shall be installed and take their oath of office at the
next regular meeting following election or in accordance with Chapter policies
and/or practices.
ARTICLE 9 - BARGAINING
AGREEMENT ELECTIONS
A.
Whenever a tentative collective bargaining agreement is proposed for
ratification or rejection, the negotiating committee of that bargaining unit
shall determine how the secret ballot vote shall be taken, choosing from the
following alternatives:
1. Mail balloting;
2. Holding informational meetings followed
by balloting at designated polling places; or,
3. Holding a general bargaining unit
membership meeting, notice being mailed to each bargaining unit member at
his/her last known address at least five (5) days prior to the meeting date. If such notice is not practical, 25% of
the members of the bargaining unit must be present at the meeting in order for
balloting to occur. The Union
Representative(s) assigned to the bargaining unit may appoint a committee as
necessary to ensure the integrity of the election.
B.
If the margin between ratification and rejection is less than four (4) votes, there shall be an automatic recount.
C.
When two (2) or more bargaining units of the same employer have
collective bargaining agreements that are substantially the same, the
ratification vote held will cover both/all units.
A.
Stewards may be appointed by the Executive Director or the Director's
designee. Individual bargaining
units, or subdivisions thereof, may elect stewards at union staff supervised
elections.
B.
Stewards shall work closely with Local 17 staff to ensure that the goals
of their unit are identified and pursued.
Stewards shall be provided with training and information to allow them
to carry out their duties in a competent and professional manner.
C.
Stewards are expected to attend union-provided training and become
proficient in basic contract administration and member representation
principles. Stewards are also
expected to assist Local 17 in communicating with members, to help Local 17
organize existing and new members, to support Local 17 and encourage positive
feelings about the union, to uphold the union's Constitution and Policies, and
to represent the interests of union members in a professional and conscientious
manner.
D.
Legally, stewards are agents of the Local and Local 17 may be liable for
their actions and omissions. The
Executive Director may remove any steward, whether elected or appointed, who
acts, or fails to act, in violation of Local 17's Constitution and Policies, or
whose actions or omissions are deemed to be harmful or potentially harmful to
Local 17 and the best interests of its members. Any steward so removed may appeal this action to the
Executive Board.
Section 1 - Eligibility
A.
The individuals eligible for membership in Local 17 are:
1. Those who are actively engaged in
performing work under a collective bargaining agreement with Local 17.
2. Those who are in any work unit being
organized under Local 17's organizing policy.
B.
No person shall be denied membership in the Local because of race,
creed, gender, age, national origin, or sexual orientation.
Section 2 - Commitments
A.
Each prospective member shall be required to sign a pledge to abide by
the Constitution and Policies of the Local.
B.
It shall be the duty of every member to uphold the ideals and principles
of the Local and to abide by all its rules and decisions. No members shall undermine fellow
members by accepting or offering to accept their position at a lower rate of
pay.
Section 3 - Membership in Good Standing
A.
Members whose dues are paid by the last day of the current month shall
be considered to be in good standing.
All others shall forfeit all rights and benefits of the Local and shall
not be eligible to hold office.
B.
Members three months in arrears may lose membership and may not be in
good standing again except by joining as a new member and paying another
initiation fee and back dues.
Section 4 - Associate Membership and Gold Card
Membership
A.
Retired members and members who leave the bargaining units in good
standing may become "Associate Members" of the Local. They will be entitled to receive
selected mailings but may not vote.
Dues for Associate Members shall be determined by the Regional Executive
Committee and paid annually. The
Executive Board shall have the authority to extend associate membership rights
to others and to revoke such rights.
B.
Upon permanent retirement from employment coming under the jurisdiction
of the International Federation of Professional and Technical Engineers, a Gold
Card associate membership may be granted to a member whose record of service to
the Local demonstrates a deep commitment to the labor movement.
C.
Gold Card members shall receive selected mailings, but may not
vote. Gold Card members shall not
be required to pay dues.
D.
Recommendations for granting Gold Card membership shall be made by the
members to the Chapter officers or the Executive Board. The Executive Board shall approve or
disapprove such recommendations and if approved, shall present any Gold Cards
at the next REC meeting.
Section 1 - Initiation Fee
A. The initiation fee shall be set by the
Executive Board in accordance with state and local law.
B.
The Executive Board shall be empowered to authorize a reduced initiation
fee for limited periods of time for specific organizing purposes.
Section 2 - Dues and Special Assessments
A.
The monthly dues shall be established by a majority of voting members.
B.
A dues refund may be authorized by a majority vote of the Executive
Board only if the Executive Board determines such refund is warranted and is
supported by adequate documentation.
C.
Refund payments may not exceed one (1) year's dues and shall not include
any per capita payments made to the IFPTE.
D.
Special assessments to cover emergencies may be made by vote of the
affected members and/or bargaining units of the Local, upon recommendation by
the REC. Notice that a proposed
assessment is pending shall be sent to all affected members thirty (30) days
before a vote is taken on the proposal, and a majority of all votes cast shall
be required to carry the measure.
Section 3 - Donations and Funding Requests
A.
Any requests for donations for promotional or charitable purposes shall
be referred to the Executive Board or the Regional Executive Committee for
action.
B.
Funding for participation in an organization or activity that is not
sponsored by Local 17 may be granted provided:
1. All requests for funds shall be
submitted in writing to Local 17 prior to the event deadline or function.
2. Individuals, organizations, and
activities must meet the following requirements prior to consideration:
a. Organizations must be supportive of
unions, enhancing the goals and objectives of the Local and beneficial to Local
17 members, i.e., educational, promotional, and/or informative for Local 17
members.
b. The individual must be a Local 17
member in good standing and be an active, contributing member of the sponsoring
organization; activity to include, but is not restricted to, attending meetings
and/or providing educational or promotional support to the organization. The member must agree to submit a
written report of the activity to Local 17 within thirty (30) days.
3. Adequate moneys must be available; the
amount available is defined as the amount listed in the adopted annual budget
under the appropriate category for this purpose. The Executive Board will review each request on its merit at
the regular monthly meeting and the applicant will be informed of its decision.
Section 4 - Health and Welfare
Money is to be budgeted annually for emergency
assistance granted to members for health and welfare using the following
guidelines:
1. All requests for money from emergency
funds must be submitted in writing to the Executive Board. Requests may come from a member or, on
a member's behalf, from a Union Representative, Shop Steward, or other member.
2. The funds will be used for paying a
member's medical insurance premium when the member is on no-pay status.
3. Under extraordinary circumstances,
other emergency funding requests will be considered. A unanimous vote of the Executive Board is required for such
a request to be granted.
4. Members are requested to make a good
faith effort to donate to the Local an amount equal to the amount granted as
soon as they are able.
Section 5 - Prohibitions
No money shall be loaned from the funds of this
Local, except investments approved by the Executive Board.
Section 6 - Financial Statements
A.
An independent certified public accountant shall be retained to examine
the Local's books and prepare financial statements to be reviewed by the
Executive Board and presented to the REC.
B.
A copy of the current financial statement shall be made available to any
member upon request.
ARTICLE 13 - AFFILIATIONS/LABOR COUNCILS
A.
This Local may be affiliated with each state and central labor council
within its jurisdiction.
B.
Delegates to the local central labor councils may be elected by the
Chapters. Nominations of delegates
shall be held at the same time and in the same manner as the election of
officers.
C.
Delegates to annual or biennial state Labor Council conventions shall be
selected by the Executive Board based on applications from active county labor
council delegates and Local 17 staff and officers.
A.
Any member of the union shall be subject to discipline after charges and
a hearing in accordance with the Constitution and Manual of Policies of the
International Union.
B.
Offenses warranting discipline are violation(s) of any provision of the
Constitution and Policies of Local 17 or the International Union, the oath of
office, or participation in any activity or course of conduct detrimental to
the best interests of the union and shall be enforceable in the appropriate
court of law.
C.
"Discipline", when used in this Article, shall include fines,
removal from office, disqualification from running for
office, or suspension or expulsion from membership and shall be enforceable in
the appropriate court of law.
A.
This Constitution may be amended by two-thirds of the vote cast by the
members in good standing by secret mail ballot. The Regional Executive Committee shall make rules for the
conduct of the election, provided that said rules shall stipulate a minimum of thirty (30) days notice of the election.
B.
Proposed amendments may be initiated in either of two ways:
1. By majority vote of the delegates present
at a meeting of the Regional Executive Committee;
2. By petition bearing the signatures of
not less than 10% of the members in good standing. The membership number required for qualifying a referendum
for submission to the membership shall be established by the current membership
count as of the date of the petition.
The current membership count shall be furnished to the petitioner upon
request. Qualified petitions shall
be submitted to the membership within sixty (60) days of qualification.
POLICIES
The official policies of IFPTE Local 17 are
supplemental to the Constitution. Existing policies are amended by the Regional Executive Committee
(REC) and new policies are adopted by the REC.
REGIONAL
EXECUTIVE COMMITTEE (ARTICLE 4)
Conduct of Meetings
Regional Executive Committee meetings shall be
conducted in accordance with the Local Constitution, policies, rules and
general practices. At the President's discretion, "Robert's Rules of Order" will be used to resolve procedural questions.
Expenses and Reimbursements
Expenses for REC meetings will be funded as
follows:
A. Meal and mileage reimbursement rates
will be the same as those adopted by the Office of Financial Management of the
State of Washington for its employees.
B. Lodging is arranged by the Local staff
for those living beyond 100 miles from the meeting location. Reimbursement for private
arrangements will not be honored unless prior authorization
is made by the REC, Executive Board, or Executive Director. Room and tax will be directly billed to
Local 17; other charges made to a room must be paid by the
member upon departure.
C. Lodging is limited to one night's stay
unless (1) the member lives more than 200 miles from the meeting location; or
(2) the meeting is scheduled for more than one day in which case members
residing 60-200 miles from the meeting location may receive one night's lodging
less than the total days scheduled.
Members living less than 60 miles may petition the Executive Board or
the Executive Director for permission to obtain lodging in lieu of mileage
reimbursement.
D. Airline tickets will be purchased for
members in lieu of mileage and lodging at the member's request if it is more
cost effective. Lodging will be
authorized if the airline schedule does not reasonably accommodate travel in a
single day.
E. Other reasonable travel expenses will
be reimbursed upon presentation of receipts.
F. Childcare expense will be reimbursed if
a member is serving in an official capacity in a union sanctioned meeting when
the member would not be able to attend unless childcare expense was incurred.
G. If a member must use annual leave,
compensatory time, and/or leave without pay in order to attend a meeting and is
serving in an official capacity, the member may be reimbursed for up to a
normal day's pay at the individual's current base rate.
H. All requests for reimbursements will be
made on a Local 17 form, signed by the member, with receipts attached. Checks will be issued at the regular
Executive Board meetings.
Chapter Financing
The monthly Chapter per capita payment (paid
quarterly) by the Local will be fifty cents ($.50) per member for the first
fifty (50) members and four cents ($.04) per member thereafter.
Associate Membership
Associate members will pay a ten-dollar ($10.00)
annual fee and will receive issues of the Local's newsletter.
Section 1 - Initiation Fee
A.
The initiation fee shall be fifty dollars ($50.00) where applicable.
B.
The REC empowers the Executive Board to enforce the initiation fee where
state and local laws permit.
C.
During organizing drives for membership or certification of a new
bargaining unit, the initiation fee may be waived if recommended by the Executive
Director and approved by the Executive Board.
Section 2 - Dues
Dues shall be .0085 multiplied by the monthly
salary.
Section 3 - Funding Requests
Funds will be set aside to assist members in
emergency situations. Eligibility
includes:
1. All members of bargaining units who are
involved in a Local 17 sanctioned strike, beginning on the fifth day following
its beginning.
2. Any member who is legally observing a
picket line of another union and whose contract permits such action.
3. During any sanctioned strike, dues of
the members affected may be waived.
Reimbursement will be made with the approval of the Executive Board.
4. An investment account expressly for
emergency assistance related to strikes shall be maintained. The Executive Director, under guidance
of the Executive Board, shall adhere to the investment principles developed by
the Trustees.
5. Any member who has petitioned the
Executive Board for benefits because his/her health and welfare is in jeopardy.
All factions and segments of the membership of
Local 17 will be treated without hostility or discrimination. In exercising its discretion in
asserting the rights of individual workers, Local 17 will act with good faith
and honesty. Decisions affecting
individual members may be appealed by the member to the Executive Director and
if not resolved to the satisfaction of the member at that level, may be further
appealed to the Executive Board who shall issue a decision that will be final
and binding on all parties. When Local 17 denies a member's request for the
filing of a grievance, the member will be advised of contract or civil service
procedures by which the member can process the grievance without union
representation. The member will be
advised that time limits are applicable to filing grievances and should be
carefully followed by the member.
The member will also be advised that if the member does not agree with
the denial of his or her request for the filing of a grievance, that decision
can be appealed to the Executive Director and Executive Board. Members with issues concerning
unemployment compensation and industrial insurance will not be represented by
Union Representatives of Local 17, but will be referred to resources outside
the Local for such representation.
Prior to employing outside counsel for
litigation involving individual members' interests, e.g., race, gender, age
discrimination matters, Local 17 will:
1. Examine its obligation to defend and
assert its members' rights in an employment context and its obligation to the
membership as a whole;
2. Consider the administrative procedures
that are available along with remedies that are and are not available under
those administrative procedures;
3. Compare the remedies that are available
under legal proceedings to those available under administrative proceedings;
4. Identify any benefits that may accrue
to the Local as a whole under legal proceedings that are not available under
administrative procedures;
5. Compare the costs associated with the
litigation with those of administrative procedures, considering the possibility
of cost recovery as well;
6. Define the Local's role in any
litigation - a party plaintiff or having the individual member assign control
of the litigation to the Local to ensure that it is managed with the benefit to
the Local as a whole in mind.
This involves:
- Considering whether the individuals involved have reasonable access to counsel of their own choosing on an acceptable fee basis in order to assert their individual rights as opposed to the rights of the Local as a whole; and,
- Considering potential conflicts of interest between the Local as a whole and the individual involved and the willingness of either to waive those potential conflicts.
If a member does not agree with the decision to
retain or not retain outside counsel, he/she may appeal the decision to the
Executive Board.
On occasions of installation of any elected
officers, they will take their places in front of the President's chair. The presiding officer or designee will
administer the following oath to the newly elected officers:
I, _____________, pledge to perform the duties
of my office according to the Constitution and Policies of the IFPTE and of
Local 17. I will do my best to
uphold and support the spirit and principles of my union and the labor movement
in the ongoing effort to protect and enhance workers' rights.
RIGHTS
OF PERSONS EMPLOYED IN AGENCY SHOP BARGAINING UNITS
The Executive Director shall ensure that each
member receives the Hudson/Beck information upon request, and that each new
member is provided the information and that the Local is in compliance.
POLITICAL
ACTION COMMITTEE POLICIES (Interim)
Political Action Committee (PAC) decisions will
be made by the Executive Director, Legislative Director, President of Local 17
and affected chapter presidents in consultation with staff from affected units.
OPERATION
OF LOCAL 17'S DEFENSE FUND
A.
Best Interests of Local 17 Members:
The preservation of Local 17's financial good
health is critical to its ability to meet its ongoing obligations to represent
its members, to organize new members and grow, to engage effective legal
counsel, to litigate when necessary, to maintain sufficient staffing resources
and to pursue unusual strategies to establish or maintain important
principles. All of Local 17's
resources are, either directly or indirectly, dedicated to serving the best
interests of its members.
B.
Defense Fund Establishment:
However, in recognition that special
circumstances may arise which may benefit from a targeted application of
resources, $100,000 of Local 17's ordinary reserves shall be designated as a
Defense Fund ("the Fund") and the income from this principal amount
plus any other money which may, from time to time, be added to the Fund shall
be considered available to further Local 17 member interests in unique
circumstances (work stoppages, media campaigns, etc.)
C.
Fund Operation:
The Fund will be operated in accordance with
standard fiduciary principles and, as part of the union's reserves, shall be
available to meet all ordinary obligations of Local 17 should other reserves of
the union be insufficient to meet ordinary needs. But it is the intent of this policy that the Fund be used to
meet ordinary expenses only after other reserves have been depleted or when not
using the Fund to meet general obligations which might compromise the union's
overall effectiveness.
D.
Fund Components:
The Fund shall have two components: the
"Base Reserve", the $100,000 principal amount; and the "Grant
Reserve", the income earned on the principal amount, other added money,
and income earned on these. The
Grant Reserve shall be the only part of the Fund available for distribution.
E.
Grant Application:
Access to the Fund's resources is open only to
Chapters and bargaining units of Local 17 and not to individual members. Applications for a grant from the Fund
are to be submitted in writing to Local 17's Executive Board, which shall act
on the grant application after making an objective review which shall include
an analysis of all of the following factors:
F.
Review Criteria:
1. The nature and uniqueness of the
situation presented;
2. The positive and/or negative impact of
the issues in contention;
3. The number of Local 17 members affected
by the issues in contention;
4. The likelihood of a favorable outcome;
5. The availability of alternate courses
of action;
6. The nexus between the grant's purpose
and the goals, purposes and priorities of Local 17;
7. The amount requested in relation to the
size of the unit or chapter seeking the grant;
8. The impact of the grant on the Fund's
Grant Reserve and its ability to meet other foreseeable needs;
9. The recommendation of the Local 17
Field Staff;
10. The recommendation of the Executive
Director.
G.
Executive Board Authority:
After completion of this analysis, the Executive
Board will vote on the request and shall have authority to approve, disapprove,
or modify the amount sought in the grant application. The decision of the Executive Board may be appealed to the
Regional Executive Committee.
H.
Chapter Bargaining Unit Resources:
In the case of applications submitted by a
Chapter or bargaining unit where either has a significant treasury balance, it
is expected that the grant amount will be reduced to reflect the Chapter or
unit's resources.
EMPLOYER
RELEASE TIME PROPOSALS
It is the policy of IFPTE Local 17 that, except in extraordinary cases, all proposals for new contracts shall include a demand for (1) employer release of negotiating committee members to participate in bargaining sessions during working hours at the employer's expense, and (2) a demand that those elected to serve on the union's Executive Board be released for reasonable periods of time to engage in official activities of the union at the employer's expense.
Local 17 will develop and maintain a tracking
system so that each contract it administers can be readily analyzed and
compared to monitor progress under this policy.
Prior to making the decision whether or not to
conduct an organizing campaign with a group of potential members, the Executive
Board will review a written cost/benefit analysis and resulting recommendations
from Local 17 staff. This document
will include the following:
1. Information on New Group/Unit:
Number: ________________________________________________________________________
Classification(s):
________________________________________________________________
Similar to
existing units/titles: If yes, which ones? ________________________________
2. Projected Income:
Number of members
x salaries x .0085 = $___________
3. Negotiations:
a) Accrete to existing unit with no
negotiations?
Little or no staff hours/cost?
Yes No
b) Accrete to existing unit with
negotiations on limited issues, i.e. wages, working conditions?
If
so, estimate staff hours/costs. $____________
c) Negotiate separate agreement?
If
so, estimate staff hours/costs. $____________ (Provide detailed estimates on a separate sheet)
4. Organizing:
a) Prior history (if any) of attempts to
organize, and by whom? Sincere
effort or using union for a raise?
______________________________________________________________________________
b) If not accreted, require organizing drive
prior to PERC election?
If
so, estimate staff hours/costs. $____________
c) If not accreted, require only PERC
election?
If
so, estimate staff hours/costs. $____________
d) Will there be legal costs? If yes, give estimate. $ ____________
5. Union Security Agreement: Time From
Negotiation to Dues Coming In:
a) Will dues deduction begin upon
recognition? Yes No
b) Will dues begin when certified? Yes No
c) Will dues begin after negotiations? Yes No
6. Servicing:
a) After contract is signed, estimate hours
of staff time/costs per month vs. dues income.
Costs________________
vs. Income__________________ = (-)
or (+)
b) Unusual issues requiring extraordinary
time?_________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Estimate staff
time/costs. $ ______________
7. Other Factors: despite possible
negatives, are there other reasons why Local 17 should organize the group?
Be specific______________________________________________________________________
______________________________________________________________________________________
8. Recommendations:
Staff Member(s)
Assigned:_______________________________________________________
Staff Meeting:___________________________________________________________________
Organizing
Director:_____________________________________________________________
Executive
Director: _____________________________________________________________
Purpose:
IFPTE Local 17
is dedicated to providing a work and meeting environment free from sexual
harassment and to treating all members and employees with dignity and
respect. Consistent with federal,
state and local laws, Local 17 will not tolerate sexual harassment by its
members, officers, or employees.
Definition of
Sexual Harassment:
A. Sexual harassment may include, but is
not limited to: sexually offensive language, slurs, comments, jokes,
innuendoes, pictures and cartoons, pranks of a sexual nature; whistling,
staring, unwelcome and repeated requests for dates or other unwelcome and
repeated expressions of attention or interest, including giving unwanted gifts;
telling lies or spreading rumors about a person's sex life or preference and
standing close or brushing up against a person or other unwanted physical
contact. The gender and sexual
orientation of the victim of sexual harassment may vary.
B. A key element of sexual harassment is
that it involves unwelcome behavior.
Behaviors, which may be acceptable to some, are not
welcomed by others. Once a
person has been made aware that certain behavior is not
welcomed by another and the person repeats the behavior, the person
repeating the behavior may be guilty of sexual harassment.
Sexual
Harassment Takes Three Main Forms:
A. Quid pro quo:
This means,
literally, "something for something". It is applied to situations in which a member's submission
to the unwelcome contact is either explicitly or implicitly made a condition of
membership.
B. Unwelcome romantic or sexual attention:
This refers to
repeated attention of a romantic or sexual nature (that is occurring more than
once, even after having been informed that the attention was unwelcome). This may involve attention that, if
welcome, might be considered very positive, such as giving complements
regarding a person's appearance or giving gifts. If this behavior is unwelcome, it is considered sexual harassment,
even if there is not a specific sexual component to the behavior. This is because the behavior is
presumably directed at the particular individual because of his or her
gender. (In legal terms, this is
included under the category of creating a hostile environment, but is noted
separately here because such behavior may not be perceived as hostile).
C. Creation or perpetuation of a hostile
environment:
This involves a
Local 17 activity in which a person has been subjected to an environment that
is sexually offensive or intimidating.
Enforcement:
A. Local 17 will pursue disciplinary
measures and take all reasonable steps to oppose sexual harassment within Local
17 as an employer. Local 17
members determined to have engaged in sexual harassment during Local 17
activities may be subject to discipline in accordance with applicable
Constitutional provisions. Local
17 employees found to have engaged in sexual harassment may be subject to
discipline up to and including termination.
B. Local 17 will not tolerate any form of
retaliation against a person reporting sexual harassment. Disciplinary action may be taken for
retaliation.
Complaint
Procedures:
A. Local 17 members or employees can
initiate a complaint by filing a written summary of the facts with Local 17's
Executive Director. Complaints
about Local 17's Executive Director should be directed to Local 17's President.
B. All complaints and investigations will
be conducted with as much confidentiality as is possible. However, if the complaint leads to a
hearing or disciplinary action, confidentiality may not be maintained.
C. Using these internal procedures is in
no way intended to prohibit a complainant from seeking resolution through other
appropriate agencies such as the Washington State Human Rights Commission or
the Equal Employment Opportunity Commission (EEOC) or contractual dispute
resolution processes.
It is the preference of Local 17 and its elected
member-leader policy makers that the Executive Director, the highest ranking
hired official of the union, the person charged with managing the day-to-day
affairs of the union, should fill the Northwestern Area Vice President position
on the International Union Executive Council.
If the Local qualifies for a second Executive Council seat, that position shall be filled by the President of Local 17, the highest ranking elected official of the Local.
Should either the Executive Director or the
President leave their position before completing their term of office as an
Executive Council member, the unexpired term shall be filled in accord with the
intent of this policy and the requirements of the International Union
Constitution.
Should the local qualify for a second seat and
later fall below the qualifying number of members necessary to retain the
second seat, the remaining seat shall be filled by the
Executive Director.
It is the further intent of this policy that the
duties of service on the International Union Executive Council be a key factor
in assessing the qualifications of candidates for the position of Executive
Director in any future hiring process.
Likewise, it is hoped that the capacity for performing such duties would
be among the strong considerations weighed by the voting members of Local 17 as
they evaluate candidates who seek to be President of Local 17.
Subject to the approval of the Regional
Executive Committee (R.E.C.) either the Executive Director or President may
designate a staff member or officer to serve in their stead if compelling
reasons preclude either official from Executive Council service.
Upon completion of seven (7) years of employment as Executive Director, due process procedures shall be added to the Executive Director's contract. These
procedures shall be negotiated with and approved by the Executive Board. After such approval, these procedures
will be honored prior to conducting a vote of removal.
Also, upon completion of seven (7) years of employment as Executive Director, the Executive shall have the authority to extend due process/severance pay protection to those working in his or her administration as confidential "at will" employees, subject to the approval of these protections by the Executive Board.