Constitution and By-Laws

CONSTITUTION

and

BY-LAWS

PREAMBLE

WHEREAS, the majority of the improvements in the conditions of working people have been accomplished by the efforts of organized labor and;

WHEREAS, the welfare of the members of this jurisdiction can best be protected and advanced by the united action of one local union to provide for their common interest and promote their general welfare;

NOW THEREFORE, we hereby ordain, establish and adopt this Constitution and Bylaws as that of Supporting Service Employees Local 400 PG, affiliated with the Service Employees International Union, CTW-CLC.

ARTICLE I

NAME

Sec. 1  This Union shall be known as Supporting Service Employees, Local 400 PG, Service Employees International Union, CTW-CLC.

ARTICLE II

OBJECTIVES

The objectives of this Union are: to unite, regardless of race, creed, color, sex, nationality, religion, gender expression, sexual orientation, ancestry, marital status, citizenship status, disability or age, subject, however, to the exception with respect to age contained in applicable law, public, non-profit and allied employees in the State of Maryland; to improve the working conditions and standard of living of all members through collective bargaining, political action, and all other legitimate means; to assist the progress of trade-unionism and advance the just goals of the trade-union movement; and to establish open and better means of communication between the members and the employing authority.  This Local Union shall, as any affiliate of the International Union; carry out all of the objects and purposes of the International Union.

ARTICLE III

MEMBERSHIP

Sec. 1 Membership shall be open to:

A.        The jurisdiction of Local 400 PG shall cover all public and non-profit employees in Prince George’s County, including public employees employed in cities, school districts and special districts within the geographical boundary of Prince George’s County.

B.        Individuals employed by private employers providing services to a public or non-profit employer within the jurisdiction of this Local; and

C.        Individuals employed by non-profit institutions within the jurisdiction of this Local.

Sec. 2 Membership shall be continuous until the member resigns, no longer meets the eligibility requirements of Section 1 of this Article, fails to pay or tender the required membership dues or assessments or, is suspended or expelled pursuant to this Constitution.

Sec. 3 Subject to the provisions of this Constitution and rules governing the orderly procedure of meetings, each member in good standing shall have the right to vote, be a candidate for office, hold such office if elected, and have a voice at all membership meetings.

Sec. 4 A member in good standing is one, subject to the provisions of Section 2 of this Article, who is not more than thirty (30) days delinquent in the payment of dues or the payment of a general membership assessment.

ARTICLE IV

GOVERNANCE

Sec. 1  Consistent with this Constitution the membership shall be the governing body of this Union and shall exercise this authority at membership meetings.

Sec. 2  Consistent with this Constitution the Executive Board shall be the governing authority between membership meetings.

Sec. 3  The elected officers of this Union shall be:  President, Executive Vice-President, Secretary-Treasurer, one Vice-President for each separate bargaining unit of five hundred (500) or more employees (including the current PG School Unit when there are two (2) or more additional units with 500 or more employees), Recording Secretary, three (3) at large Executive Board Members and the Trustees provided for in Section 5 of this Article.  There shall be one Sergeant-at-Arms, who shall be appointed by the President.

Sec. 4  The Executive Board of this Union shall consist of the following elected officers:  President, Executive Vice-President, Secretary-Treasurer, Vice-President(s), Recording Secretary, and the three (3) Executive Board members elected at large.

Sec. 5  TRUSTEES   The Trustees shall consist of three (3) members in good standing who are elected for a term of four (4) years.  It shall be the duty of the Trustees to examine the audit of the books of the Local Union and at least annually to take an inventory of and verify the securities, investments, bank accounts, and cash funds then on-hand.  They shall see that the funds of this Local Union are deposited in one or more reliable banks.  It shall be their duty to recommend such measures as will simplify the duties of the Financial Secretary-Treasurer and safeguard the funds of this Local Union. They shall perform such other duties as may be assigned to them from time to time by the President or the Executive Board.  Where one of the Trustees is unable to act because of illness, absence or otherwise, the remaining two Trustees may carry out the duties imposed by this Article.  The Trustees shall not be members of the Executive Board, nor have any vote thereon.

Sec. 6  The duties and responsibilities of officers are:

A.        Duties of Local President

(1)        The President shall conduct the affairs of the Union in accordance with this Constitution.

(2)        The President shall at all times be responsible for protecting and enhancing the collective interests of the members and to that end shall have the authority to act in the name of the Union and membership in negotiating and executing collective bargaining agreements; enforcing collective bargaining agreements; establishing and conducting training programs; introducing legislation and informing legislators of the Union’s position on pending legislation; attending meetings of the Boards of Education and other public bodies; attending and giving testimony at Committee hearings of the Maryland Legislature and other legislative bodies; establishing joint programs or efforts with other unions or employee organizations; and taking whatever other action is necessary and proper for these purposes.

(3)        The President shall be authorized to call and make arrangements for all meetings, including special and/or emergency meetings, seminars and conferences and shall direct the research, educational, legislative, publishing and political education activities of the Union.

(4)        The President with the approval of the Executive Board shall employ, terminate, fix the compensation and expense and direct the activities of such office staff, administrative assistants, technical and professional assistants, field staff, organizers and representatives, legal counsel and auditing services as may be required to effectively carry out the functions of the Union.  The President in accordance with the Executive Board policies shall have the authority to sign check, authorizations for expenditures, contracts and other official documents of the Union.

(5)        The President shall preside at all meetings of the Union and the Executive Board.

(6)        The President shall perform such other duties as may be required by the membership consistent with the provisions of this Constitution and the International Constitution.

(7)        In advance of each fiscal year, the President shall submit to the Executive Board a proposed budget for the coming year, setting forth the anticipated income and source thereof and the anticipated expenditures and their purposes.  A copy of the proposed budget shall be transmitted to the Secretary-Treasurer at least one week prior to its submission to the Executive Board.  The proposed budget shall be subject to review by the Executive Board, prior to its submission to the membership for approval.

(8)        The President shall appoint a Certified Public Accountant who shall audit all accounts of the Union immediately following the close of each fiscal year.

(9)        The President shall make interpretations of this Constitution, and rule on all questions of law, procedure and order.  A ruling or interpretation of the President may be appealed to the membership and shall be set aside by a two-thirds (2/3) vote of those present and voting.

(10)      The President shall have the deciding vote in case of a tie on any question.

(11)      The President shall be a delegate to all conventions of any affiliated organization.

(12)      The President shall make reports on Union activities at each membership meeting.

(13)      The office of the President shall be a full-time salaried position of this Local Union.  The Executive Board shall set the compensation of the President.

B.        Duties of the Executive Vice-President

The Executive Vice-President shall assist the President in the performance of his official duties; shall preside over the Local Union in the absence of the President and perform such other official duties as may be assigned to him/her by the Local Union consistent with the provisions of this Constitution.

C.        Duties of the Secretary-Treasurer

The Secretary-Treasurer shall see that all dues and other monies received by the organization are deposited in the account of the Union in a bank approved by the Executive Board.  The Secretary-Treasurer shall see that all legitimate bills, charges and International per capita tax are paid by the organization; see that the books and official records of the organization are kept in order and up to date in the office of the organization and have charge of the official seal.

The Secretary-Treasurer shall be responsible for all financial records and transactions.  The Secretary-Treasurer shall collect all dues and other revenues of this Local Union and issue official receipts for same and notify all suspended members two (2) months in arrears of the amount of their indebtedness.

It shall be the duty of the Secretary-Treasurer to receive all monies paid to the Local Union, giving a receipt for same, announcing receipts and disbursements at each meeting; he or she shall deposit all moneys in a bank recommended by the Executive Board; keep a correct record of all dues payments and all other money received and expended; submit financial statements quarterly at the membership meetings of the Local Union; pay all bills ordered by the Union when signed by the President; he or she shall not hold more than Five Hundred ($500.00) Dollars  in his or her possession to meet the immediate demands of the Local Union.  The Secretary-Treasurer shall submit his or her books and receipts to the Trustees for their audit and approval when called upon to do so, and at the expiration of his or her official term of office shall turn over to his or her successor all monies and property of the Local Union that may be in his or her possession.

All funds shall be deposited in a bank in the name of the Local Union, subject to an order signed by the President and Secretary-Treasurer.

The Secretary-Treasurer shall keep all membership records and application cards, and a record of all members admitted by initiation or otherwise, as well as rejections and suspended or expelled members.  The Secretary-Treasurer shall send to the International Union an accurate record of all dues, payments and other revenue and he or she shall forward to the International Union the correct names and addresses (including e-mail address and phone number, if available) and Social Security numbers of all members initiated or readmitted, and of all other persons from

whom revenue is derived, as well as those suspended for non-payment of dues or for any other cause; and a correct list of those who take transfer or withdrawal cards.  The proper zip code shall be included for each address.

He/She shall forward to the International Secretary-Treasurer copies of all financial reports.

D.        Duties of Bargaining Unit Vice-Presidents

Bargaining Unit Vice-Presidents shall be elected by the membership of the bargaining units represented and shall be responsible for coordinating the affairs of that bargaining unit with the Local Union and such other duties as the President and/or Executive Board shall assign.

E.         Duties of Recording Secretary

It shall be the duty of the Recording Secretary to keep a correct record of the proceedings of the Local Union’s membership meetings in a book provided for that purpose and to provide to each member a copy of the minutes of the previous meeting.  At each regular meeting the Recording Secretary shall read the minutes of the preceding meeting and if said minutes be approved, he or she shall attach his or her official signature thereto and the date of approval.  It shall also be the duty of the Recording Secretary to keep a correct record of the proceedings of the Executive Board meetings and to provide each Board Member with a copy of the minutes of the previous Executive Board meeting.  The Recording Secretary shall furnish the chairperson of each committee a copy of such resolutions as may be adopted by the Local Union, applicable to its respective duties.  The Recording Secretary shall notify the International Union of the names and addresses (with zip code) of all officers elected to office within fifteen (15) days after the election.

F.         Duties of the Executive Board

The President shall act as Chairman of the Executive Board.  The Executive Board shall meet in regular session twice each month and may meet at anytime at the request of the President or at the request of four (4) Board members, to discuss the affairs and policies of the Local Union.  The Executive Board shall have the power to recommend a policy to the general meetings and to inquire into the conduct of the affairs of the Local Union and decide upon the merits of grievances presented to the Local for handling.  In case of death, disability or resignation of the President, the Executive Board shall have the power to appoint immediately a successor for the duration of the term.

G.        Duties of the Sergeant-at-Arms

The Sergeant-at-Arms shall examine all present at the meetings and report to the President all those without a membership card.  He/she shall obtain the names of all candidates for membership awaiting initiation and report the same to the President.  He/She shall attend the door of the membership meetings of the Local Union, assist the President when called upon in preserving order, and perform such other duties as may pertain to his or her office or which the Local Union or the President may direct.  He/she shall not be a member of the Executive Board nor have any vote thereon.

Sec. 7 Expenses:

The expenses of any member, including officers, employees or those individuals, acting in behalf of the Local shall be reimbursed by the Local.  The Executive Board shall be empowered to remunerate any individual for wages lost, including overtime, due to officially sanctioned Union business.  The Executive Board shall also be empowered to pay a nominal fee to individuals performing Union business during non-working hours.

ARTICLE V

SHOP STEWARDS

Members at designated areas as determined by the Executive Board may elect by secret ballot from among themselves one person to serve as shop steward.  If circumstances so warrant it, an assistant shop steward may be elected to assist or alternate for the shop steward.

Shop stewards shall serve until an election is directed by the Local Union President.  Should employees fail to select a shop steward, the Local Union President may appoint one to serve.

It shall be the duty of the shop steward to see that the terms of agreements are observed and that grievances are adjusted promptly.  Before a grievance can be handled the individual concerned must present his grievance in writing to the shop steward.  If a shop steward cannot reach agreement with management over a grievance, the matter will then be turned over to the Local Union for handling.

ARTICLE VI

BARGAINING DEMANDS

Sec. 1  Before presenting bargaining demands to employees, the proper officers of this Local Union will determine the desire of the member employees involved and reach agreement with them on the items to be proposed.  Membership in this Local Union shall be authorization for representation as well as any other provisions of law or agreements.

STRIKES

Sec. 2 No strike will authorized unless a majority of the members vote in favor of a strike.  Strikes and work stoppages are presently illegal under Board of Education regulations.  The Union shall not call a strike without previous notification to the International President, who shall have the right to veto any strike to be called by this Union.  If the International President has vetoed any such strike, this Union may not call the strike thus vetoed.

ARTICLE VII

COLLECTIVE BARGAINING

Sec. 1  The authority to bargain collectively for the Local Union shall be vested in a Negotiating Committee, which shall consist of one officer and not less than three elected members, subject to the mandate of the membership.

Sec. 2  The results of any collective bargaining negotiations shall be subject to ratification by the members affected.

Sec. 3  The International Union shall be notified in writing when any collective bargaining negotiations or memorandum of understanding have been concluded and be advised of the number of employees covered and the expiration date of the contract.

Sec. 4  A true copy of all collective bargaining agreements and contracts entered into by this Local shall immediately upon execution, be filed with the International Department of Research.

ARTICLE VIII

CHARGES AND APPEALS

Sec. 1  Whenever charges are preferred against any member or officer of this Local Union, the charges shall be filed in writing in duplicate with the Recording Secretary or the President.  A written copy of such charges specifying the nature of the offense of which he or she is accused shall be served on the accused by the President or the Recording Secretary either personally or by registered or certified mail directly to the last known address of the accused at least ten (10) days before the hearing of the charges.

In accordance with Article XVII, Section 2(c) of the SEIU Constitution and Bylaws, the charges must specify the events or acts which the charging party believes constitute a basis for charges and must state which subsection(s) of Section 1 of Article XVII the charging party believes has been violated.  If the charges are not specific, the trial body may dismiss the charges either before or at the hearing, but the charging party shall have the right to re-file more detailed charges which comply with Article XVII, Section 1.  No charges may be filed more than six months after the charging party learned, or could have reasonably learned, of the act or acts which are the bases of the charges.

Sec. 2  The Executive Board shall be the Trial Board, except that where the member charged or preferring such charges is a member of such Board, the Executive Board shall appoint a disinterested member as a substitute, for either the charged or charging party.  The charged or charging party shall not participate in the selection of the substitute.

Sec. 3  The decision of the Executive Board shall be deemed final unless the individual or individuals against whom said decision shall have been rendered files with the Recording Secretary or President a written request to appeal the decision of the Executive Board to the general membership of the Local Union within fifteen (15) working days, in accordance with the provisions of Article XVII, Section 2(d) of the International Constitution, and further appeals shall be in accordance with said Article.

Anyone appealing a decision of the Executive Board shall be permitted to present his or her case to the general membership of the Local Union and shall thereafter be temporarily excused from the meeting during the discussion and voting following his or her presentation.  A two-thirds (2/3) vote of the general membership present shall be required to overrule the decision of the Executive Board.  The members of the Executive Board shall have a voice but no vote in connection with appeals.

Sec. 4  Any member under charges may have another member of this Local Union, or an attorney at his/her own expense; act as counsel, to represent him or her in the presentation of his or her defense.  The Attorney for this Local shall act as the legal advisor to the Executive Board and the membership during these proceedings.

Sec. 5  Charges and the basis for charges shall be governed by the provisions of the Constitution and By-Laws of the International Union.

Sec. 6  In the event disciplinary action is taken against the accused, appeals may be taken in accordance with the provisions of the Constitution and By-Laws of the International Union.

Sec. 7  Subject to the provisions of applicable statutes, every member or officer of this Local Union against whom charges have been preferred and disciplinary action taken agrees, as a condition of membership or affiliation and the continuation of membership and affiliation, to exhaust all remedies provided for in the Constitution and By-Laws of the International Union and in this Constitution, and further agrees not to file or prosecute any action in any court, tribunal or other agency until those remedies have been exhausted.

ARTICLE IX

MEETINGS

Sec. 1 Regular Meetings

This Local Union shall hold a general membership meeting at least ten (10) times each year at a time, date and place as the Executive Board may direct.  The Executive Board shall give the membership not less than five (5) working days notice of the monthly meeting.  It shall require a quorum of fifteen (15) members to convene such meetings.  The regular order of business at regular meetings shall be:

  1. Roll call of officers and members.
  2. Reading of the Minutes
  3. Communication read and referred
  4. Reports of officers
  5. Reports of standing and special committees
  6. Unfinished Business
  7. New Business
  8. Adjournment

A meeting may be cancelled and membership so notified where the President shall determine it to be in the best interest of the Union.  However, no more than (4) meetings per year may be cancelled.

Sec. 2 Special Meetings

Special meetings may be called by the President or by a majority of the elected members of the Executive Board or upon presentation to the President of a petition signed by not less than fifty (50) members in good standing.

ARTICLE X

DUES AND INITIATION FEES

Sec. 1 Dues

Effective April 15, 2007all dues for all unit members will be 1.75% of the unit member’s monthly gross earning.

Sec. 2 Good Standing

In order to be considered in good standing and to be eligible to participate in all of the gratuities and benefits of the Local Union and the International Union, members must pay on time the full dues prescribed by the Constitution of this Local Union.

Sec. 3 Initiation Fee

A.        The regular initiation fee of this Local Union shall be Twenty-Five ($25.00) Dollars.  The Local President or Executive Board or the Financial Secretary-Treasurer, shall have authority to set an initiation fee below that prescribed where circumstances clearly warrant it.  Employees who fail to join the Local Union after sixty (60) days of employment will become liable for initiation fees.

B.        The money and property of the Local Union shall be used solely for the benefit of the Local Union and shall be used for such purposes as are permitted or required by this Constitution.  The officers who handle its funds and property shall be held to this standard of conduct and accountable for any breach thereof under this Constitution and as provided by law, and the officers shall manage, invest and expend its funds in accordance with the applicable provisions of this Constitution and any action taken by the membership of the Local Union.

The funds derived from sources specified in this Constitution shall not be used to pay membership dues for the purposes of establishing qualifications for office as provided in this Constitution, nor shall they be appropriated, loaned, donated or disbursed for any purpose except the recognized and necessary operating and organizing expenses of the Local Union.

ARTICLE XI

COMMITTEES

Sec. 1  All committees shall function immediately upon being assigned to their duties.  Said committees shall perform the duties assigned to them within the time specified and report their results to the Union in writing.  The committee members shall select their chairperson.  Any committee member who is absent for three (3) consecutive meetings shall be automatically suspended from the committee.  Committees holding monies which are the property of the Local Union either as a balance or appropriation shall, at the next regular meeting deliver the monies to the President or Secretary-Treasurer, with all vouchers and accounts.  In no case shall a committee be discharged until all bills are paid and all monies accounted for.

Sec. 2  The Executive Board of this Local Union shall appoint a Civil and Human Rights Committee to assist and carry out the Civil and Human Rights programs and policies of the International Union.

Sec. 3  The Executive Board of this Local Union shall appoint a Committee on Political Education to assist it in carrying out a program for sound political education and political action and encouraging workers to register and vote.  No Local Union shall establish its own registered federal political committee or any political candidates fund for contributions in connection with federal elections, provided however, that the International President may in his or her discretion waive this provision or establish such conditions as the International President may deem necessary.

Sec. 4  The Executive Board of this Local Union shall appoint a Senior Members Committee to assist it in developing a program for senior members and retired members.

Sec. 5 The International Secretary-Treasurer shall be notified promptly by the Local Union of the composition of the Civil and Human Rights Committee, the Committee on Political Education and the Senior Members Committee.

ARTICLE XII

PROPERTY

Sec. 1  All officers, at the expiration of their term of office, or when removed, or when their office is declared vacant shall deliver to their successors all books, papers, money or other property in their possession, and they shall not be relieved from their obligations until this law is complied with.

Sec. 2  The funds or property of this Local shall be used only for such purposes as are specified in the Constitution and By-Laws, and as may be required to transact and properly conduct its business, such as payment of salaries, purchasing of stationary, books, cards, printing, payment of rent or any legally authorized bills against the Local.

Sec. 3  PROPERTY RIGHTS. Membership in this organization shall not vest any member with any right, title or interest in or to the funds, property or other assets of this Union, now owned and possessed, or that may hereafter be acquired, and each member hereby expressly waives any right, title or interest in or to the property of this Union, including the funds of this Union.

The title to all property, funds and other assets of this Local shall at all time be vested in the Executive Board of this Local Union for the joint use of the membership of this Local Union, but no member shall have severable proprietary right, title or interest therein.

Sec. 4  This Local cannot dissolve, secede or disaffiliate while there are seven (7) dissenting members.  The International Union shall be notified by registered or certified mail of any meeting, scheduled by this Local Union, for the purpose of taking a vote on disaffiliation from the International Union at least 60 days prior to the date of such scheduled meeting, and a representative of the International union shall be afforded an opportunity to speak at such meeting.  The International President shall direct whether the membership vote shall be conducted by secret ballot at a membership meeting and/or by mail referendum, and, if appropriate, a separate method by which dissenting Local Union members may assert their dissent.  The vote shall be counted by an independent neutral party.  In the event of secession, dissolution or disaffiliation, all properties, funds and assets, both real and personal, of the Local Union shall become the property of the International Union.  Under no circumstances shall this Local Union distribute its funds, assets or properties individually among its membership.

Sec. 5 All monies of this Local shall be deposited by the Secretary-Treasurer in a bank designated by the Local as herein provided.

ARTICLE XIII

ELECTIONS

Sec. 1  Terms of Office

Officers shall be elected for a four (4) year term, and there shall be no limit on the number of terms officers may serve.

Sec. 2 Vacancy

A.        In the event of a vacancy of any office, other than the President or the Executive Vice President, the President shall appoint a successor, with the approval of the Executive Board, for the unexpired term.  In the event of a vacancy of the office of President, the Executive Vice President shall be named the President for the unexpired term. The Executive Board shall then select a successor for the Executive Vice President for that unexpired term from among the members of the Executive Board.

B.        The President with the approval of the membership may declare any office vacant if the officer fails to attend three (3) regular Executive Board meetings or fails to perform the duties of his or her office.

C.        An office shall be declared vacant by the President and the Executive Board when an officer resigns, is suspended, or is expelled as a member or when an officer no longer meets the eligibility requirements of this Constitution.

Sec. 3 Qualifications for Office

A.        Candidates for all offices must be members of the Local Union in good standing for a period of not less than twenty-four (24) months immediately preceding their nomination, and must otherwise be eligible under existing applicable law.  All candidates shall be required to be in attendance at the meeting where and when the nominations are made to be eligible for nomination.

B.        Bargaining Unit Vice-Presidents–Notwithstanding the requirements of “A” above, all newly added bargaining units of 250 or more employees that have been in existence for less than three (3) years, will not be held to the 24 month membership requirement for candidates for the office of Bargaining Unit Vice-President. The candidates must, however, be members otherwise in good standing.  Bargaining Unit Vice Presidents shall be elected only by members in good standing employed in that bargaining unit.

Sec. 4  Election Committee

An election committee of seven (7) members shall be appointed by the President with the approval of the Executive Board.  No more than three (3) members from the Executive Board may be appointed to the Election Committee.  No candidate for office shall serve on the Election Committee.  The President shall have the authority to fill any vacancy. The President shall not serve on this Committee.   The President shall notify the membership of the composition of the Committee, and likewise notify the membership when new members are appointed.

Sec. 5 Election Procedures

A.        Nomination of candidates for election will be provided to the Elections Committee by petition of five (5) members in good standing no later than 12:00 o’clock noon one week before the scheduled membership meeting where nominations will be made.  All nominees shall be members in good standing.

B.        Nominations shall be held at the membership meeting in September in the year in which the election is held and no member will be entitled to election who is not nominated as set forth in A above.

C.        The Election Committee shall obtain the written consent of each nominee, must insure that there is at least one nominee for each office, and will submit the names of eligible nominees to the President on or before 11:00 o’clock a.m. at the membership meeting in September in the year in which the election is held.

No individual may run for more than one office.  However, an individual may run for an office of this Local Union and for delegate to any Convention of any affiliated organization.  The Chairperson of the Election Committee shall notify any member of his/her nomination for more than one office and said member shall elect to which office he/she chooses to stand for election.

D.        The Chairmen of the Election Committee will notify each nominee of his/her eligibility.  Members of the Election Committee are not eligible to run for office.  Any member not eligible under this Constitution to stand for or be elected to office shall be advised of such in writing and given the opportunity to appeal.  The Election Committee will notify the President of any appeals and the results thereof.  Said appeals must be held within the period beginning 12:00 o’clock Noon of the day in September when the nominations are held and end no later than 12:00 Noon of the day before the meeting in October of the year in which the election is held.

E.         The Election Committee shall determine the manner and means by which the election shall be held.  The first election under this Constitution shall be held in October 1987 and subsequent elections shall be held every four (4) years thereafter during the month of October.  The election of Officer may be conducted exclusively by mail.  In any election conducted by mail, ballots shall be mailed not later than October 1, and must be returned with a postmark not later than October 20.

F.         Voting shall be done by secret ballot and the election to each office shall be determined by a majority of votes cast.  Each candidate will be entitled to an observer during the counting of ballots. Ballots shall be counted by tellers appointed by the Election Committee.  No candidate may serve as a teller.  Ballots shall be preserved for one year.  Write-in candidates and proxy voting shall not be permitted.

G.        Members in good standing who are otherwise eligible to vote but are unable to cast their secret ballot on the day of the election due to their inability to attend the membership meeting because of a physical disability, absence from the geographic area by more than 50 miles, confinement in a hospital or other health care facility, or such other reason as may be approved by the Elections Committee, may request and obtain a ballot from the Chairman of the Elections Committee no sooner than three (3) days before the date of the scheduled membership meeting when the elections will be held.  Said ballot must be completed by the member and returned to the Chairman of the Elections Committee, or such place as the Committee from time to time may designate, on or before the date on which the membership meeting is held for the purpose of electing officers of this Local Union.  Said ballots will be referred to as absentee ballots and will only be counted if the number of absentee ballots could change the outcome of an election for any office being filled at the time of election. Once the ballots are opened, however, the votes for all offices shall be counted and the votes appropriately credited to those of the respective candidates received by secret ballot.  Absentee ballots received after the time set by the Election Committee on the day before the date of the election shall not be counted.

H.        Those members elected to office shall assume their offices at the membership meeting in January of the following year and be formally installed during that membership meeting.

I.          No candidate (including a prospective candidate) for any office in this Local Union or affiliated body or supporter of a candidate may solicit or accept financial support or any other direct or indirect support of any kind from any non-member of the International Union.

Sec. 6 Election Appeals

The Election Committee shall establish procedures governing election appeals.  All appeals shall be heard and acted upon prior to the membership meeting in the month of March.  The Election Committee, based upon findings made pursuant to the appeal by a candidate, may set aside the election in whole or in part and schedule and conduct a new election for the offices involved.  In the event that such new election is conducted, the previous officer holding a contested office or all the officers where the whole election is re-run shall continue in office until such new election is or new elections are satisfactorily conducted and new officers are certified and installed.

Sec. 7 Special Elections

Where employees of a bargaining unit entitled to a vice-president pursuant to this Constitution become members of this Union, the Executive Board shall be empowered to call a special election for the purpose of electing said vice-president without regard to the time periods provided above.  Said election shall conform in all other respects, however, to this Constitution.  The term of office of said vice-president elected pursuant to the special election shall run from the date of election until the next general election.

ARTICLE XIV

FINANCES

Sec. 1 Expenditures of Funds

The President shall have the power to expend funds or authorize the expenditure of funds for any and all Union related purposes, with the approval of the Executive Board.

Sec. 2 Bonding

Bonding shall be provided in accordance with law and the International Constitution.

Sec. 3 Financial Transactions

All financial documents including but not limited to all checks and other draws upon the organization’s bank accounts shall be signed by the President and the Secretary-Treasurer.

The Executive Vice-President is authorized to sign said documents, in the absence of either the President or the Secretary-Treasurer.

Sec. 4 Records

All records of this Local Union pertaining to income, disbursements and financial transactions of any kind whatsoever must be kept for a period of at least six (6) years or longer if required by applicable law.

ARTICLE XV

DUTIES OF MEMBERS

Sec. 1  No member or officer of any organization which advocates, teaches or undertakes the overthrow of the government of the United States or any political subdivision thereof by force, violence or any unlawful means shall be allowed to hold membership or office or be admitted to membership in this Local Union.  It is not necessary that the individual charged with membership in such organization admit his membership in said party or organization.  If the Local Executive Board, by majority vote, shall find from the evidence presented that the individual is a member of such organization or has the specific intent to further the aims of such organizations or group of individuals to overthrow or overturn the government of the United States or any political subdivision by force, violence or any unlawful means, the Local Executive Board shall expel such individual after he or she has obtained a proper trial

Sec. 2  No member shall be allowed to violate the trade rules or to injure the interest of any member of this Local Union by undermining him in wages, or to perform any other willful act by which the reputation of any member may be injured.

Sec. 3  All business of the Local shall be kept strictly private form outside the Local unless publication of the same be authorized by vote of the Local.

Sec. 4  Members are required to keep the Recording Secretary properly informed of their place of residence.

Sec. 5  A member who is suspended from membership for dues delinquency or failure to pay special assessments cannot be readmitted to membership until he or she pays the full initiation fee, all tax dues and special assessments owed by the member at the time of his or her suspension, but in no event shall such readmission restore any privileges, death gratuities or other benefits.

Sec. 6  Any member who commits any offense which might bring the Local Union into discredit, or who endeavors to create dissention among the members, or who works as a strike breaker or violates any wage or work standards established by this Local Union, or who works against the interests and harmony of the Local Union, or who advocates or encourages division of the funds or dissolution of the local Union, or who becomes a member of a rival union or who aids a rival union, who willfully slanders an officer or member of the Local Union, or who fraudulently receives or misappropriates the money of any member or applicant for membership

entrusted to him or her for payment to the Local Union, or who acts in violation of existing labor agreements or any of the articles or provisions of this Constitution and By-Laws of the International Union, or who acts in a profane and disorderly manner at meetings, or who attempts individually to bargain with his or her employer in contradiction of an existing labor agreement, shall upon being so charged be tried in accordance with the provisions dealing with charges, trials and appeals, as set forth in the Constitution and By-Laws.

ARTICLE XVI

SALARIES AND REIMBURSEMENTS

Sec. 1  Salaries for employees shall be fixed by the President and shall be approved by the Executive Board.

Sec. 2  Officers who are not on a salary basis shall be compensated not less than Eighty ($80.00) Dollars for each Executive Board Meeting attended.

Sec. 3  Members serving on committees shall be reimbursed for expenses incurred, such as mileage, parking and meals with the prior approval of the Executive Board.

ARTICLE XVII

AFFILIATIONS

This Local Union shall affiliate with the Metropolitan Labor Council and the State Federation of Labor, where these exist and with the appropriate Service Employees Joint Council, Conference, Division or Service Council, as determined by the International Union.

ARTICLE XVIII

AMENDMENTS

This Constitution shall be reviewed every four (4) years, and may be amended by a majority vote at a meeting following the meeting at which the amendment was proposed and read.  Once an amendment has been introduced, the President shall appoint a committee to study

the amendment and report its findings on the merits of the amendment to the next meeting at which time the vote for adoption will be taken.  The membership shall be notified of such proposed amendment no less than ten (10) days prior to the meeting at which a vote shall be taken upon the proposed amendment.

ARTICLE XIX

APPROVAL BY INTERNATIONAL

Sec. 1  This Constitution and By-Laws and each section and provision hereof is subject to the approval of the Service Employees International Union.  It shall become effective only upon approval by the International Union.

Sec. 2  The ultimate places of determination of all interpretations of this Constitution and By-Laws shall be as provided for in the International Constitution and By-Laws.

Sec. 3  In the event any grievance, charges or situation arises which is not provided for herein, then the matter shall be determined by the International President of the Service Employees International Union in the first instance, and the second and third instance, the Service Employees International Union Executive Board and the International Convention.

Sec. 4  No amendment to this Constitution and By-Laws shall be valid or become effective until approved by the International Union.

ARTICLE XX

SUBORDINATION

The Constitution and By-Laws of this Local Union shall at all times be subordinate to the International Constitution and By-Laws, as amended.  If any conflict should arise between the Constitution and By-Laws of this Local Union, or any amendments thereto, and the International Constitution and By-Laws, or any amendments thereto, the provisions of the International Constitution and By-Laws shall control.

Amended February 27, 2010


[1] As Revised and amended effective February 27, 1986.

Comments are closed.