Section 5: Resignation: No member seeking to resign from membership in the Union may do so except by submitting such resignation Verbally to the President or in writing to the Secretary of the Union. Any member who resigns before he has paid all dues, assessments, fines, and other financial obligations owing to the Union shall be obligated to pay such arrearages to the Union.  All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution and Bylaws regarding acquisition or maintenance of membership in good standing.

Section 6: Non-Payment.  Any member who shall be three (3) months in arrears in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the third (3rd) month, and shall not be entitled to any rights or privileges of membership.  Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of his suspension. Payment of dues shall not restore good standing status if fines and other charges due are not paid.  In addition to requiring the payment of delinquent dues, the Union may require payment of a re-initiation fee for entitlement to the rights and privileges of membership. The Union shall have the power to waive, or reduce, on a non-discriminatory basis, the payment of delinquent dues, assessments, and/or re-initiation fees.  However, any an all per capita taxes assessed during suspension may not be waived.

ARTICLE IV: DIRECTORSHIP / OFFICE

Section 1: Initial Executive Board Officers.  The initial Executive Board Officers, pledge to serve the formation and creation of this Union. And shall serve until the next membership election due to be held in January, 2012, shall be:

Executive Board Officers

President: Jim Pohle
Vice President: Walter Lackey
Secretary : Bruce Coats
Treasurer: Bradley Reed

 Section 3: Election / Appointment.  Beginning January, 2012, Executive Board Officers shall be elected pursuant to a secret ballot election of the members to be held during the month of January, 2012 and every 5 years thereafter the candidates receiving the most votes in the Executive Board Officers election shall be elected to the Executive Board Officers. Such other officers and assistant officers as may be deemed necessary may be appointed from time to time by the Executive Board Officers or by the President. 

 Section 4:  Qualification : (1) Every member whose dues are paid up through the month which is prior to the month in which the nominations or election is held shall have the right to nominate, vote for, or otherwise support the candidate of his choice. No member shall be declared ineligible to nominate, or vote for, a candidate for office in the Union, by reason of a delay of default in the payment of dues by the employer to the Union. However, a member who is on checkoff shall be under a duty to pay his dues directly to the Union if he has no monies owing him by his employer which are subject to his checkoff authorization on the date when the employer deducts the dues of other members.

(2) Every member in good standing, by the payment of his dues on or before the last business day of the current month, who has been in such continuous good standing for each consecutive month in the twenty-four (24) month period immediately prior to nominations and who has attended at least fifty per cent (50%) of the regular of divisional meetings of the Union during the twenty-four (24) consecutive months prior to the month of nomination. shall be eligible to hold office, if he is otherwise qualified under these Bylaws. The Union shall keep accurate records reflecting those members who are in attendance at each meeting, and shall exempt from attendance requirements, any member who, because of illness, regular employment, or other good cause, is unable to attend a meeting. This exemption system shall be uniformly and fairly applied.

No member shall lose his good standing status for any month in which his dues have been withheld by his employer for payment to the Union pursuant to his voluntary authorization provided for in a collective bargaining agreement by reason of delay of default in the payment of such dues by the employer to the Union. However, a member on dues checkoff whose employer fails to make a prior deduction during any month in which member has earnings from which the dues could have been deducted, shall not lose good standing status for that month. In such an event, the Union shall notify the member of his employer’s failure and payment shall be made by the member within thirty (30) days of said notice in order to retain good standing status. However, a member who is on checkoff shall be under a duty to pay his dues directly to the Union before the last business day of the month if he has no monies owing him by his employer which are subject to his checkoff authorization on the date when his employer deducts the dues of the other members. Payment of dues after their due date shall not restore good standing status for such month or months in computing the continuous twenty-four (24) month good standing status required by this Section as a condition of eligibility for office. Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner. Such period of withdrawal shall not be considered a break in continuous good standing in the Union.

(3) Notice of Nominations, At least twenty (20) days prior to the date of the nomination meeting, specific notice of the date, time and place of the nomination meeting and the offices to be filled shall be mailed or shall be published in any Union publication mailed to the membership (except that notice of nominations, and election may be combined); each member shall be advised in such notice that the election rules are set forth in the Bylaws which are available upon request.

 Section 5: Bonding.  All Union directors and officers shall be bonded in sufficient amounts to cover any loss resulting from their misfeasance or malfeasance. 

ARTICLE V: Executive Board Officers

Section 1: General Powers.  The business and affairs of the Union shall be managed by its Executive Board Officers.

(A) Except as may be otherwise provided in these Bylaws, the Union Executive Board is authorized and empowered to conduct and manage the affairs of this organization, and to manage, invest, expend, contribute, use, borrow, lend and acquire Union funds and property in the pursuit of accomplishment of the objectives set forth in these Bylaws and resolutions adopted in furtherance thereof. However, the Union Executive Board shall not have the authority to bind the Union or its Executive Board, such as, but not limited to, legal, accounting, consulting, public relations and editorial services, by contract agreement or otherwise, beyond the expiration of the term of the Executive Board in office at the time such action is taken. This shall not prevent the Union Executive Board from entering into a bona fide collective bargaining agreement with another Union covering Union employees. The Union Executive Board, in addition to such other general powers conferred by these Bylaws, is hereby empowered to:

(1) Make and change rules and regulations not inconsistent with these Bylaws for the management and conduct of the affairs of this Union;

(2) Loan and borrow monies directly and indirectly for such purposes and with such security, if any, as it deems appropriate, and with such arrangements for repayment as it deems appropriate, all to the extent provided by law;

(3) On behalf of the Union, its officers, employees or members, initiate, defend, compromise, settle, arbitrate or release or pay the expenses and costs of any legal proceedings or actions of any nature if, in its judgment, it shall be necessary or desirable to protect, preserve, or advance the interests of the organization;

(4) Fill all vacancies in office which occur during the term of such office for the unexpired term;

(5) Lease, purchase or otherwise acquire in any lawful manner for and on behalf of the organization, any and all real estate or other property, rights and privileges, whatsoever deemed necessary for the prosecution of its affairs, and which the organization is authorized to acquire, at such price or consideration and generally on such terms and conditions as it thinks fit, and at its discretion pay therefore either wholly or partly in money or otherwise: specific authorization at a membership meeting shall be required for such expenditures, excepting for routine expenditures not of a substantial nature;

(6) Sell or dispose of any real or personal estate, property, rights or privileges belonging to the organization whenever in its opinion the Unions interest would thereby be promoted, subject to approval (except as to form) at a membership meeting;

 (7) Create, issue and make deeds, mortgages, trust agreements, contracts, and negotiable instruments secured by mortgages or otherwise as provided by resolution of the membership, and do every other act or thing necessary to effectuate the same.

(8) Create trusts, the primary purpose of which is to provide benefits for the members or their beneficiaries, and terminate and effectuate the same, all subjects to approval (except as to form) by the membership.

(9) Appoint trustees of Health and Welfare or Pension Trust Funds negotiated directly by the Union, and to which the Union is the only union party.

(10) Determine the membership which shall vote on agreements and strikes, and the composition of other membership meetings, and adopt rules and regulations concerning the conduct thereof not inconsistent with these Bylaws.

(11) Determine the manner in which referendums shall be held, subject to the approval of the General President.

 (12) Enter into jurisdictional settlements and comply with jurisdictional awards in behalf of the Union, with the approval of, or in accordance with the directions of, the Union

(14) Do all acts, not expressly authorized herein, which are necessary or proper in implementation of the above duties for the protection of the property of the Union and for the benefit of the organization and members.

(B) The Union Executive Board shall have the duty to investigate any alleged breach of fiduciary duty when circumstances so warrant and to take appropriate action if the investigation so merits.

(C) The Union Executive Board shall hold meetings at such time and place as shall be determined by the President, upon notice to all Board members.

(D) A majority of the Union Executive Board shall constitute a quorum for the transaction of business at any meeting of the Board. The action of a majority of the Union Executive Board present at a meeting at which a quorum is present shall be the action of the Board.

(E) By action of the Union Executive Board, members of the Board who are not full-time paid officers or employees of the organization may be paid their expenses, including wages lost, if any, for attendance at each meeting of the Board.

 (F) As to all matters requiring action by the Union Executive Board, and when the Executive Board is not in formal session, the Executive Board may act by telegram, letter or telephone. When action by the Union Executive Board is required, the President may obtain same by telegraphing, writing, or telephoning to the members of the Executive Board and such members may take action on the problem brought to their attention in the same manner. Such action taken by the majority of the members of the Union Executive Board as though the Board shall constitute action of the Board as though the Board were in formal session.

(G) The Executive Board shall set the salary of the Business Manager.

Section 2:  Specific Powers.  Without limiting the broad authority granted the board of directors under Section 1 of this Article, the board of directors shall have full power and exclusive authority to enter into jurisdictional, no-raid, and mutual assistance agreements and arrangements with other labor organizations on behalf of the Union for the purpose of effecting the absorption, amalgamation, merger, or affiliation of, or coordination with, other labor organizations with the Union; to take any and all action, without limitation, as it deems necessary to effectuate such authority; to enter into agreements and arrangements on behalf of the Union for the purpose of effectuating the affiliation of the Union or its coordination with any other national or international organization or federation of labor organizations, committees, or multi-union conferences and also for the purpose of creating and/or participating in any federation of labor organizations; to establish an out-of-work fund for benefit of members to be administered based on non-discriminatory terms and conditions to be determined by the board of directors; to adopt, maintain, or amend any pension or health and welfare trust agreement or plan which it deems to be in the interest of the members of the Union, and the families of said members, provided that no vested rights of a participant shall be impaired; to impose any initiation fees, re-initiation fees, membership dues, per capita tax or emergency assessment on the members pursuant to terms determined by the board of directors; and to interpret and construe this Constitution and Bylaws and any other rules or regulations of the Union and to decide all disputes hereunder. 

 Section 3: Number.  The number of directors of the Union shall be fixed from time to time by the Executive Board Officers, but in no event shall be less than three (3). Any change in the number of directors shall become effective as of the next regular election of directors to be held in January of election years. 

 Section 4: Regular Meetings.  A regular meeting of the board of directors shall be held each calendar month by telephonic conference call, gathering in a home/office or by internet chat room. 

 Section 5: Special Meetings.  Special meetings of the board of directors may be called by or at the request of the President or any two (2) directors. 

 Section 6: Notice.  Notice of any special meeting shall be given at least three (3) days previous thereto by written notice delivered personally, mailed to, or electronically mailed to each director. 

 Section 7: Quorum.  A majority of the then-serving directors shall constitute a quorum for the transaction of business at any meeting of the board of directors, but if less than such majority is present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice.

 Section 8: Manner of Acting.  The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors.

 Section 9: Action without a Meeting.  Any action that may be taken by the board of directors at a meeting may be taken without a meeting if consent in writing, setting forth the action so to be taken, shall be signed before, or at the time of, such action by all of the directors.

 Section 10: Vacancies.  Any vacancy occurring in the board of directors may be filled by special vote of the members.  A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. 

 Section 11: Compensation.  By resolution of the board of directors, each director may be paid his expenses, if any, of attendance at, or participating in, each meeting of the board of directors, and may be paid a reasonable stated salary as a director or a fixed sum for participation in each meeting of the board of directors or both.  No such payment shall preclude any director from serving the Union in any other capacity and receiving compensation therefore.

Section 12: Removal. (A) Any director may be removed by vote of two-thirds of the existing membership.  Such removal vote may be held upon receipt by the board of directors of a petition for removal signed by ten-percent (10%) of the existing membership, or by an election called by the president.

(B) Directors may also be removed by a vote of at least 3 to 1 in favor of removal by its own executive board.

Article VI:  OFFICERS and Members

The officers of this Union shall be the President, Vice President, Secretary, and Treasurer. These officers shall constitute the Executive Board of the Union. The term of office of all officers shall commence on the first of January in the year following the election.

 Section 1: President. (A) The President shall be the principal executive officer of the Union and, subject to the control of the board of directors, shall in general supervise and control all day-to-day business and affairs of the Union. He may sign, with the Secretary or any other proper officer of the Union thereunto authorized by the board of directors, any deeds, mortgages, bonds, contracts, or other instruments which the Union has authorized to be executed; and shall perform all duties incident to the office of the President and such other duties as may be assigned by the board of directors from time to time.

(B)  It shall be the duty of the President to preside at meetings of this Union and of the Union Executive Board, to preserve order therein, and to enforce these Bylaws and the rules of order adopted by this Union and to see that all officers perform their respective duties. He shall also have the right to serve on all committees by virtue of his office, and in general, shall perform all duties incident to the office of President, and such other duties as may be assigned by the Union Executive Board or membership from time to time. The President shall sign all orders and counter sign checks on the Secretaries, Treasurer and Business Manager. He shall appoint all Committees not otherwise provided for, and perform such other duties as may of right pertain to his office. It shall be his duty to see that all other officers perform their duties strictly in accordance with the Bylaws.

Section 2: Vice President, It shall be the duty of the Vice President to preside at Union meetings in the absence of the President. He shall perform such other duties and render such assistance as may be directed by the President. He shall also preside at General Meetings and Executive Board Meetings and act in the absence of the President. If the Vice President is absent, the meeting shall elect a chairman pro tem, With the Secretary, Treasurer, Business Manager calling the meeting to order.

 Section 3: Secretary:  The secretary shall keep the minutes of the proceedings of the members and of the board of directors in one or more minutes books provided for that purpose; see that all notices are duly given in accordance with the provisions of this Constitution and Bylaws or as required by law; be custodian of the Union's records; keep a register of the mailing address, telephone number, and e-mail address on each member which shall be furnished to the secretary by each member, and shall perform all duties incident to the office of Secretary and such other duties as may be assigned by the board of directors or the president from time to time.

 Section 4: Treasurer.  (A) The Treasurer shall keep a correct account of all monies paid to and paid out by the Union and shall provide receipts for any dues, initiation fees, or other fees, assessments or fines or other monies received. The Union Treasurer shall enter all receipts in the name of the Union and shall deposit all monies.

 (B) Whenever a Treasurers term of office expires or is otherwise terminated, he must see that his successor is properly bonded and a copy of the bond sent to the General Office before he transfers to his successor in office the funds, papers, documents, records, vouchers, worksheets, books, money and other property of the organization. Until the successor furnishes a proper bond the incumbent Treasurer shall continue to perform the duties of such office and maintain his position. All such records, vouchers, worksheets, receipts, books, reports and documents shall be preserved and retained at the Union’s principal office for a period of six years, and generally perform all duties incident to the office of the Treasurer and such other duties as from time to time may be assigned to him by the board of directors or by the President. 

Section 5:  Duties of the Recording Secretary. It shall be the function of the Recording Secretary to attend general membership meetings of the Union and the Union Executive Board and to keep minutes of the proceedings. He shall keep a record of the names of the members comprising each committee and handle all correspondence of the Union assigned by the President or authorized by membership resolution. In his absence, the President shall appoint a member to act as Recording Secretary pro tempore who shall have the duties set forth above. The President shall appoint a member or members to keep minutes of meetings which are held by division or craft. The minutes of every meeting of the Union Executive Board and the Union shall be read and approved at the next following meeting of the members involved. Minutes of division or craft meetings shall be read and approved at the next following meeting of the craft involved.

 
 Section 6: Salaries.  The salaries of the officers shall be fixed from time to time by the board of directors.  However, directors who also serve as officers may not vote on their own compensation as officers.

 Section 7: Removal. (A) Any officer may be removed by two-thirds vote of the existing membership.  Such removal vote may be held upon receipt by the board of directors of a petition for removal signed by ten-percent (10%) of the existing membership, or by an election called by the President.

(B) Officers may also be removed by a vote of at least 3 to 1 in favor of removal by its own executive board.

 Section 8: Vacancies. (A) A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by special vote of the membership, for the unexpired portion of the term.

(B) The fiscal year of the Union shall be the calendar year.

Section 9: Oath of office: (A) All officers of the Union and affiliated bodies when installed after election shall be required to take the following oath of office: I,_______________________ , do most sincerely promise upon my honor as a trade unionist, that I will faithfully use all of my energies and abilities to perform the duties of my office, for the ensuing term, as prescribed by the Bylaws of this Union. As an officer of this Union, I will, at all times, act solely in the interests of our members, devote the resources of our Union to furthering their needs and goals, work to rid our Union of corruption, maintain and strengthen democratic principles in our union and protect the members’ interests in all dealings with employers. I will never forget that it is the members who put me here, and it is the members whom I will serve. I further promise that I will faithfully comply with and enforce the Bylaws of the Union and, that I will, at all time, by example, promote harmony and preserve the dignity of this Union. I also promise that at the close of my official term, I will promptly deliver any money or property of this Union in my possession to my successor in office.

(B) The right to assume office or hold office or position in the Union as distinguished from accrued or vested benefits, shall never be deemed a property right, but shall be a personal privilege and honor only. Any office taken by an officer in good faith and within the scope of his authority and power under these Bylaws shall not be the basis for any personal liability against such officer.

 (C) All officers of the Union must, as a condition of holding office execute all necessary forms required by law to be filed with any federal or state agency either for and in behalf of the Union or as an officer or employee thereof, but accidental default shall not be considered a violation of the duty imposed by this Section.

(D) All officers in the performance of their duties shall adhere to the terms of these Bylaws.

(E) The officers, business agents, stewards and other representatives of this Union occupy positions of trust in relation to the Union and its members as a group and are, therefore, accountable to the membership with respect to the performance of their duties in handling funds and property of the Union. The failure or refusal by an officer, business agent, steward or other representative of this Union, upon demand of the Union Executive Board or of any individual member for good cause, to render a proper and adequate accounting or explanation respecting the performance of his duties in handling funds and property of the Union shall constitute a ground for on which trial shall be held.

Section 10: Expenses and Automobiles,

(A) Allowances

Recognizing that the officer and representatives of this organization do not work regularly scheduled hours and receive no compensation for overtime or premium pay; also recognizing that such individuals are required to pay varying amounts for lodging and meals depending upon the city to which they travel, which amounts are sometimes less, but more often more than the allowances given them; and recognizing that they must participate in cultural, civic, legislative, political, fraternal, educational, charitable, social and other activities in addition to their specific duties as provided in the Constitution and these Bylaws, that such activities benefit the organization and its members and that the time spent in such activities is unpredictable and unascertainable, such officers and representatives may be granted an allowance (both for in-town and out-of-town work, respectively, which in the case of out-of-town work shall include hotel and meal expenditures) in such amount (daily, weekly or monthly) as the Union Executive Board may determine and there shall be no need to make a daily or other accounting to the Union membership for such allowance.

In addition to the allowances set forth above, all officers and employees may be reimbursed for, or credit provided for, all other expenses incurred in connection with their activities.

(B) Expenses

when a representative of the organization is engaged in activities in the interest of or for the benefit of the organization and its members within the scope of his authority the labor organization shall pay the expenses incurred therein, or reimburse the representative upon receipt of itemized vouchers from him or the supplier of such services.

(C) Automobile Allowance

the Union may provide its officers or representatives with automobiles upon authorization of the membership or in lieu thereof, they may be paid an allowance for use of their automobiles in such amount or at such rate as shall be approved by the Local Executive Board. In such instances where the Union provides an automobile, title to the automobile shall remain at all times in the name of the Union. It is recognized that such officers or employees are required to be on instant call at all times, may be required to garage such automobiles, and are responsible for their safeguarding. Accordingly, for the convenience of the Union and as partial compensation for such additional responsibilities, such officers shall be permitted private use of such automobiles on a round-the-clock, continuous basis, including private use when the automobiles are not required on Union business. Upon authorization of the Union Executive Board, the Treasurer is empowered to sell exchange or lease automobiles or arrange financing therefore in behalf of the Union.

(D) Benefits

The Union Executive Board may from time to time provide the terms and conditions of employment for officers, employees and representatives of this organization including, but not limited to such fringe benefits as vacations with pay, holidays, sick leave, time off for personal leave, and in connection therewith, any disability or sickness, health and welfare and retirement benefits and activities, and facilities relating thereto, and may from time to time provide changes therein, as well as additional compensations and allowances. The Union Executive Board or the President (Secretary, Treasurer) is authorized to make any Union officer employee advances on his salary and/or vacation pay.

Section 11: Responsibility Of Members To The Union

(1) Every member by virtue of his membership in this Union is obligated to abide by these Bylaws with respect to his rights, duties, privileges and immunities conferred by them. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of fellow members.

(2) Every member by virtue of his membership in this Union authorizes this Union to act as his exclusive bargaining representative with full and exclusive power to execute agreements with his employer governing terms and conditions of employment and to act for him and have final authority in presenting, processing and adjusting any grievance, difficulty of dispute arising under any collective bargaining agreement or out of his employment with such employer, in such manner as the Union or its officers deem to be in the best interests of the Union. The Union and its officers, business representatives and agents may decline to process any such grievance, complaint, difficulty or dispute, if in their reasonable judgment such grievance, complaint or dispute lacks merit.

(3) No member shall interfere with the elected officers or business agents of this organization in the performance of their duties, and each member shall, when requested, render such assistance and support in the performance of such duties as may be required by them, provided that this does not interfere with the individual rights of members. Each member and officer shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the performance by this Union of its legal or contractual obligations.

(4) No member shall engage in dual unionism or espouse dual unionism or disaffiliation, nor shall any member slander or libel the Union, its members or its officers, or be a party to any activity to secure the disestablishment of the Union as the collective bargaining agent for any employee.

(5) No member shall be permitted at any Union meeting or assembly to engage in any of the conduct herein-before described.

(6) Every member shall follow the rules of order at all meetings of the Union.

(7) Membership in this Union shall not vest any member thereof with the right, title or interest in or to the funds, property or other assets belonging to the Union now or hereafter and no member shall have a property right to membership in this organization.

(8) Any member seeking to resign from membership in the Union may do so by submitting such resignation in writing to the Secretary of the Union or by verbally resigning to the president. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.

Section 12: Rights of Members. Subject to reasonable application and subject to the right to impose broad disciplinary limitations on the membership, no provision of these Bylaws, rule of parliamentary procedure or action by the Union or its officers shall be administered in such a way as to deprive individual members of the following rights:

(1) The right to nominate candidates or vote in elections or referendum of the Union.

(2) The right to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings;

(3) The right to meet and assemble freely with other members and to express any views, arguments, or opinions, and to express at meetings views upon candidates in an election of the union or upon any business properly before the meetings, subject to the organizations established and reasonable rules.

(4) The right to information concerning the conduct of Union business;

(5) The right to institute an action in any court or in a proceeding before any administrative agency, irrespective of whether the Union or its officers are defendants in the action, or to appear as a witness in a judicial, administrative or legislative proceeding, or to petition any legislator, subject to the exhaustion of intra-union remedies as required by applicable law.

Section 13: Bonding

(A) Every officer, agent, shop steward, employee or other representative of this Union who handles funds or property of this organization shall be bonded In accordance with the requirements of the applicable statute. The amount of bond required of each person shall be ascertained by the Union Executive Board, and the premium charges shall be paid out of the general funds of the Union.

 (B) Should the bond of any person required to be bonded be canceled after surety coverage has been afforded, then such person shall be allowed thirty (30) days within which to arrange either for reinstatement of his coverage or the substitution of another bond. However, during the period such person or a new officer is not covered by such surety bond, the Union Executive Board shall make whatever arrangements shall be necessary to relieve such person of the handling of any money or property of the Union.

Section 14: Rules of Order

Rule 1: The regular order of business may be suspended by a vote of the meeting at any time.

Rule 2: The Chairman of the meeting shall enforce these rules and regulations and may direct that members be removed from the meeting for violation of these rules.

Rule 3: Any conversation by whispering or otherwise, or any other activity which is calculated to disturb or may have the effect of disturbing a member while speaking or disturb the conduct of the meeting or hinder the transaction of business, shall be deemed a violation of order.

Rule 4: Attending meetings under the influence of alcohol is basis for removal.

Rule 5: The meeting may determine what portions of its business shall be secret.

Rule 6: When a member wishes the floor, he shall rise and respectfully address the Chair, and if recognized by the Chair he shall state his name.

Rule 7: If two or more members rise to speak, the Chair shall decide which is entitled to the floor.

Rule 8: Every member, while speaking, shall adhere to the question under debate and avoid all invective and indecorous language, but all members shall have the right to express their views, arguments and opinions upon candidates and upon any business properly before the meeting.

Rule 9: No member shall interrupt another member while speaking except for a point of order, and he shall definitely state the point, and the Chair shall decide the same without debate.

Rule 10: Any member while speaking, being called to order by another, at the request of the Chair, shall cease speaking and be seated until the question of order is determined.

Section 15: Union Property.  No property of the Union, and no property in the possession, custody or control of this Union or any of its officers, representatives or employees and no property held in trust by any trustee for and in behalf of this Union, express or implied, which was created or established by this Union, and whose purpose is to provide benefits for the Union Itself, or the members of the Union or their beneficiaries, shall be given, contributed, donated or appointed, either directly or indirectly, to aid or assist or be expended in behalf of any seceding, dual or antagonistic labor organization or group, nor to any Union which is acting in violation of the Bylaws.

Section 16: Dues and Initiation Fees

(A) The regular monthly dues of this organization shall be no less than twenty ($20.00) dollars per month.

 (B) Initiation fees for membership in this organization shall be no less than ten ($10.00) dollars, provided, however, that such initiation fee may be waived or reduced in connection with the organization of unorganized employees at the discretion of the Union Executive Board.

 (C) Any member who shall be three months in arrears, in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the third month and shall not be entitled to any rights or privileges or membership. Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of his suspension. Upon payment of delinquent dues and reinitiating fees, the member shall be restored to good standing statues. However, payment of dues shall not restore good standing status if fines and other charges due are not paid.

Section 17: Oath of Obligation as a member

Fellow worker, you will not take an obligation that will bind you to the Union, and that will in no way conflict with your religious belief or your duties as a citizen: I,_____________________ , pledge My honor to faithfully observe the Constitution and laws of the American Union of Pizza Delivery Drivers and the Bylaws and laws of this Union.

 I pledge that I will comply with all the rules and regulations for the government of the Union.

I will faithfully perform all the duties assigned to me to the best of my ability and skill.

I will conduct myself at all times in a manner as not to bring reproach upon my Union.

I shall take an affirmative part in the business and activities of the Union and accept and discharge my responsibilities during any authorized strike or lockout.

I pledge not to divulge to non-members the private business of this Union, unless authorized to reveal the same.

I will never knowingly harm a fellow member.

I will never discriminate against a fellow worker on account of race, color, religion, sex, age, physical disability or national origin.

I will refrain from any conduct that would interfere with the Union’s performance of its legal or contractual obligations.

I will at all times bear true and faithful allegiance to the American Union of Pizza Delivery Drivers.

ARTICLE VIII: TRIALS

Section 1: General. A director, officer or member of the Union charged by any other director, officer or member of the Union with any offense constituting a violation of this Constitution and Bylaws, or violation of any rule or regulation governing directors, officers or members, shall be tried by the directors who are neither charged with the offense nor bringing the charge.  If all directors are charged with the offense or bring the change, the charges shall be tried before the elected officers of the Union who are neither charged with the offense nor bringing the charge.  The directors or officers who will try the charge are hereinafter collectively referred to as "the Trial Panel". 

Section 2: Filing. Whenever charges are brought against any director, officer or member of the Union, the charges shall be filed in writing in duplicate with the Secretary of the Union. Prior to notifying a director, officer or member that charges are filed, the Trial Panel shall review the charges and dismiss them if the charges have not been timely filed or if the act complained of does not constitute a violation subject to discipline under this Constitution or Bylaws. 

Section 3: Service. No director, officer or member of the Union shall be tried unless he shall be served by the Secretary or his designee, personally or by mail, with a written copy of such charges specifying the nature of the offense of which he or she is accused. Thereupon, the accused shall be required to stand trial at the time and place designated, which shall not be less than ten (10) days from the date the charges are served upon the accused. The accused may appear in person, and with witnesses, to answer the charges preferred against him or her. The accused may select only a director, officer or member in good standing of the Union to represent him in the presentation of his defense; and the charging party may select only a director, officer or member in good standing of the Union to assist him in the presentation of the evidence in support of the charges. A transcript of the trial shall be made upon the request of any party.

Section 4: Determination. If the charges, or any portion thereof, are sustained, then the trial body shall render judgment and impose disciplinary actions as provided for in this Constitution and Bylaws. If the charges are not sustained, the same shall be dismissed. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the Trial Panel must vote to find the charged party guilty. The decision of the Trial Panel shall be in writing and shall set forth the reasons for the Trial Panel's findings. 

Section 5: Suspension Pending Trial. Upon filing of such charges, and if the same are of such magnitude and seriousness as to jeopardize the interests of the Union, then, and in that event, the Chairman of the board of directors, if the matter is brought to his attention, may, if he deems it advisable, immediately suspend the accused from directorship, office or membership in the Union until a decision has been rendered in the case.  Any director, officer or member so suspended shall have the right to file an appeal of the suspension with the Trial Panel within five (5) days of the effective date of the suspension which shall be heard promptly by the Trial Panel.  Upon reversal of the suspension, the director, officer or member shall be made whole for all economic loss.

Section 6: Pending Criminal or Civil Action. No director, officer or member shall be required to stand trial on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded. Nor shall a director, officer or member be required to stand trial on charges that are substantially the same or arise under the same circumstances as prior internal Union charges against such director, officer or member, provided that a decision was rendered on those prior charges. Any charge based upon alleged misconduct which occurred more than five (5) years before the discovery of the conduct giving rise to the charge shall be rejected by the Trial Panel, except charges based upon the nonpayment of dues, assessments, and other financial obligations.

Section 7: Offenses. The bases for charges against directors, officers or members shall consist of, but not be limited to, the following:

(a)  Violation of any specific provision of the Constitution and Bylaws or rules of order, or failure to perform any of the duties specified there under,

(b)  Violation of oath of office or of the oath of loyalty to the Union,

(c)  Breaching a fiduciary obligation owed to any labor organization by any act of embezzlement or conversion of funds or property,

(d)  Secession, or fostering the same,

(e)  Conduct which is disruptive of, interferes with, or induces others to disrupt or interfere with, the performance of the Union's legal or contractual obligations,

(f)  Causing or participating in an unauthorized strike or work stoppage,

(g)  Disruption of Union meetings, or assaulting or provoking assault on directors, officer or members, or failure to follow the rules of order or rulings of the presiding officer at meetings of the Union, or any similar conduct in, or about Union premises or places used to conduct Union business,

(h) Crossing an authorized primary picket line established by the Union,

(I) Working for, or remaining in the employment of, any employer,
whose employees are on strike or locked out, unless given permission by a director of elected officer of the Union (It is recommended that the penalty for violating this basis for discipline shall be a fine equal to wages earned while working in violation of this basis for discipline. For repeated violations, suspension, or expulsion in addition to a fine should be considered.),

(j)  Retaliating or threatening to retaliate against any director, officer or member for having filed disciplinary charges or otherwise participated in a disciplinary hearing,

(k)  Knowingly associating with any member or associate of any organized crime family or any other criminal group,

(l)  Retaliating or threatening to retaliate against any director, officer or member for exercising rights under this Constitution or Bylaws or applicable law including the right to speak, vote, seek election to office, support the candidate of one's choice, or participate in the affairs of the Union,

(m) Committing any act of racketeering activity as defined by applicable law,

(n) Obstructing or interfering with the work of, or unreasonably failing to cooperate in any investigation conducted by, a director or officer,

(o) Accepting money or other things of value from any employer or any agent of an employer, in violation of applicable law,

(p) Attempting to influence the operation of any employee benefit plan in violation of applicable law,

(q)  Taking or retaining any money, books, papers, or any other property belonging to the Union, and /or

(r)   Destroying or discarding any books, bills, receipts, vouchers, or other property of the Union, and /or

(s) Discriminating against, or segregating, any member on the basis of race, color, religion, sex, age, physical disability, national origin or sexual orientation.

Section 8: Penalties. Decisions and penalties imposed upon directors, officers, or members found guilty of charges may consist of reprimands, fines, suspensions, expulsions, revocations, denial to hold any office permanently or for a fixed period, or commands to do or perform, or refrain from doing or performing, specified acts.  Any fine imposed shall be paid to the treasury of the Union by the date specified by the Trial Panel.

Section 9: Non-compliance. In the event of noncompliance with the decision of the Trial Panel, the director, officer or member shall stand suspended from all rights and privileges under this Constitution and Bylaws until the provisions of the decision have been fully complied with.

Section 10: Reinstatement. Any expelled member may be subsequently reinstated to membership in the Union only by the action of the board of directors.

ARTICLE IX: DISSOLUTION

Section 1.  The Union may dissolve upon both unanimous consent of the board of directors and three-fourths vote of the membership.

ARTICLE X: SAVING CLAUSES

Section 1:  General.  If any provision of this Constitution and Bylaws shall be declared invalid or inoperative by any competent authority of the executive, judicial, or administrative branch of a state, provincial, or federal government, the board of directors shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision. If any Article or Section of this Constitution and Bylaws should be held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of this Constitution and Bylaws or the application of such Article or Section to persons or circumstances, other than those as to which it has been held invalid, shall not be affected thereby.

Section 2: Right to Work.  The provisions of this Constitution and Bylaws relating to the payment of dues, assessments, fines, or penalties, etc., shall not be construed as incorporating into any union-security contract those requirements for good standing membership which may be in violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. However, all such financial obligations imposed by or under this Constitution and Bylaws (and in conformity therewith) shall be legal obligations of the members upon whom imposed and enforceable in a court of law. The board of directors is authorized to adopt any plan or arrangement relating to such requirements and obligations which may be imposed by applicable law. 

ARTICLE XI: AMENDEMENT

Section 1.  This Constitution and Bylaws may only be amended by a 3-1 vote in favor of change by the executive board officers, or by a 75% vote of its members in totality.