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BY-LAWS OF LOCAL UNION 365 International Brotherhood Of Electrical Workers Knoxville, Tennessee Approved: December 15, 2003
ORDER OF BUSINESS
NOTE: This sheet ORDER OF BUSINESS is not a part of your bylaws. It is attached to the bylaws to provide rules for orderly procedure in the conduct of the Local Union meeting. Item No. 11 – Roll Call of Members – is optional to the Local Union and may or may not be used as the Local Union decides.
ARTICLE I Name – Jurisdiction – Objects Sec. 1. This Organization shall be known as Local Union 365 of the International Brotherhood of Electrical Workers, Knoxville, Tennessee. Local 365 shall have jurisdiction over all Utility work as defined in Article XXVIII, Section 4 of the IBEW Constitution when performed by annually-rated TVA operation and maintenance employees on properties owned or operated by TVA within the Knoxville and Johnson City, Tennessee area of TVA’s Division of Power System Operations, and the following generating stations: Cherokee Hydro Group, Fontana Hydro Plant, Fort Loudon Hydro Group, John Sevier, Bull Run and Kingston Steam Plants.
However, the right of the International President to change this jurisdiction is recognized as provided for in the IBEW Constitution.
Sec. 2. The objects of this Local Union shall be to promote by all proper means the material and intellectual welfare of its members.
Sec. 3. Local Union 365 shall cover the “A” and “BA” types of membership.
ARTICLE II Meetings Sec. 1. Regular meetings shall be held once a month at the time and date as decided by the Local Union. The International Office shall be advised of the time, date and location of regular Local Union meetings and also of any future changes. The membership shall be notified of any change in regular meeting dates.
Sec. 2. Special meetings may be called only by the Business Manager of the Executive Board. The members shall be notified in writing (by mail, leaflets, in the Union newspaper, or on accessible bulletin boards) of any special meeting. No business shall be transacted at any special meeting except that for which it was called.
Sec. 3.
The Recording Secretary shall call the roll of the entire membership
whenever requested by the President. ARTICLE III Officers – Elections – Duties Sec. 1. The officers shall perform such duties as are stated in Article XIX of the IBEW Constitution. In addition, they shall perform such duties as are outlined in these bylaws and such duties as may be assigned to them by the Local Union and which are not in conflict with the IBEW Constitution and these bylaws.
Sec. 2. Failure of officers to perform their duties, the suspension or removal of any officer and the filling of any vacancies, shall be dealt with as stated in Article XVIII of the IBEW Constitution.
Sec. 3. All officers and representatives and all employees shall be bonded to the extent required by the International or any applicable Federal or State law whichever is greater. The bond shall be secured through the International and the premium shall be paid by the Local Union.
Sec. 4.(a) At the meeting of the Local Union when nominations are made, after nominations have closed, the President shall appoint an Election Judge and as many Tellers as are required, who shall serve as an Election Board to conduct the election. No candidate for any office shall be eligible to serve on this Board.
(b) After the nominations have been made and those nominated are found to be qualified, the Election Board shall have ballots prepared, listing an alphabetical order the names of all candidates for each respective office, beginning with President and continuing in the order named in the IBEW Constitution. Such ballots shall not contain any identifying numbers or marks.
(c) Members in good standing and qualified to vote who expect to be unable to visit the polls on election day, may at any time within thirty (30) days but no less than five (5) days prior to the date of election, make application in writing to the Election Judge for an absentee ballot. Any such qualified applicant shall be furnished an official ballot and two (2) envelopes. One (1) envelope shall be pre-addressed to the Election Board and shall contain a space in the upper left hand corner where the member shall place his/her name and address. (d) Upon a member receiving an absentee ballot, he/she shall mark same and enclose it in the smaller envelope marked OFFICIAL BALLOT. This envelope shall then be placed in the larger envelope and mailed to the Election Board in time to be received before the polls are closed on election day. The Election Board shall open the envelopes, remove the smaller envelope marked OFFICIAL BALLOT and deposit same in the ballot box with the other ballots. No envelope received later than the time and date as determined and announced by the Executive Board shall be opened by the Election Board.
(e) No member receiving an absentee ballot shall be permitted to vote in person at the election, unless he/she has first returned the absentee ballot unmarked to the Election Judge.
(f) The Financial Secretary shall furnish to the Election Judge not less than ten (10) days before the election, an alphabetical list of all members eligible to vote. All members in good standing and qualified shall be entitled to vote.
(g) The Election Board shall select a depository to which the envelopes containing the absentee ballots shall be mailed. This shall not be the Local Union Post Office Box of the Local Union Headquarters. (Cost of such depository shall be paid by the Local Union.) This Board shall advise the Local Union of the location of such depository in sufficient time to prepare the pre-addressed envelopes.
(h) When the polls have closed and voting has ceased, the Election Board shall immediately count and tabulate the ballots. Any candidate may be present or have an IBEW member as an observer present during the voting and at the counting of the ballots. A report of the election results shall be made immediately by the Election Board. All ballots, applications for absentee ballots, and other papers shall be preserved for one (1) year from the date of the election, after which same shall be destroyed unless a question has arisen in connection therewith.
(i) Voting shall be by secret ballot.
(j) Write-in votes shall not be permitted.
(k) The election shall be decided for the candidate receiving the most votes for a specific office.
Sec. 5. (a) The officers shall be those provided for in Article XVIII of the IBEW Constitution.
(b) The President shall have such authority as provided for the Business Manager in these bylaws and the Constitution of the Brotherhood.
Sec. 6. The Executive Board shall consist of seven (7) members who do not hold any other office.
Sec. 7. (a) Nomination for officers shall be held in May 2005 and election of officers shall be held in June 2005 and every three (3) years thereafter, as stated in Article XVIII of the IBEW Constitution. Notice shall be mailed to all members at least twenty (20) days prior to the meeting for nominations in election years with all information regarding nominations, list of offices to be filled, date, time, and place of election, and the date, time, and place of run-off election if required. Said notice shall also include all details concerning the availability of the absentee ballot.
(b) No member shall be a candidate for more than one (1) office, except as provided in these bylaws and with approval of the International President. If nominated for more than one office, the member shall immediately declare for which office he/she will be a candidate. However, this shall not apply to offices which have combined with the approval of the International President.
(c) Every candidate shall have the right once within thirty (30) days prior to the election to inspect a list containing the names and last-known addresses of all the members of the Local Union. Such list of members shall be maintained and kept by the Local Union. The membership list shall not be copied for the use of any candidate.
(d) No member shall be eligible for office unless he/she has been a member of Local Union 365 in continuous good standing for at least two (2) years immediately prior to nomination.
ARTICLE IV Executive Board Sec. 1. The duties of this Board are outlined in Article XIX of the IBEW Constitution and these bylaws.
Sec. 2. It shall be the duty of the Board to investigate all applications for membership and submit its report to the Local Union for action in accordance with Article XXII of the IBEW Constitution. The preceding sentence shall not apply to apprentices as covered elsewhere in these bylaws. The Board shall also investigate and pass upon all traveling cards in full accordance with Article XXV of the IBEW Constitution. The Board shall make its final report to the Local Union within sixty (60) days after the application or raveling card has been presented for Board consideration.
Sec. 3. Special meetings of the Board may be called by its Chairman or the Business Manager.
Sec. 4. The Board shall elect its own Chairman and Secretary.
Sec. 5. The Board shall meet regularly at least once between each regular meeting of the Local Union at such time and place as it may decide by the Board.
ARTICLE V Business Manager Sec. 1. The Business Manager shall perform such duties as are stated in Article XIX of the IBEW Constitution and these bylaws. Also, the Business Manager shall perform such other duties as may be assigned by the Local Union and which are not in conflict with the IBEW Constitution and these bylaws.
Sec. 2. The Business Manager shall report to the Executive Board and the Local Union when called upon, or when he/she deems such necessary. The Executive Board and Local Union officers shall cooperate with the Business Manager in the performance of the duties of the office and shall not work in conflict with the Business Manager.
ARTICLE VI Salaries Sec. 1. Salaries shall be as follows:
Financial Secretary – 13% of Grade 7, Schedule D annual wage rate per month.
Recording Secretary – 4.5% of Grade 7, Schedule D annual wage rate per month.
Treasurer – 3.25% of Grade 7, Schedule D annual wage rate per month.
Sec. 2. Should any two (2) offices be combined, then the officer shall receive the salary of only one (1) office, whichever is the higher.
Sec. 3. All disbursements for authorized expenditures made in behalf of the Local Union shall be supported by receipts, vouchers, or other reasonable proof of claim.
Sec. 4. (a) Delegates on authorized Local Union business shall be paid for each day on the following basis: TVA Wage Schedule D, Grade 7 annual wage rate divided by 260.
(b) One-half of the rate arrived at in (a) above shall be added when delegates are required to be out of town overnight for subsistence.
(c) Expenses for transportation shall be in addition to the above at first class transportation at public carrier rates.
ARTICLE VII Committees and Delegates Sec. 1. Committees and delegates shall be appointed in accordance with Article XIX of the IBEW Constitution.
Sec. 2. The delegates and alternates to the International Convention shall be nominated and elected in accordance with the nomination and secret ballot election procedure as set forth in these bylaws and Article II Section 10 of the IBEW Constitution.
Sec. 3. The President shall, by virtue of the office, serve as delegate to the International Convention.
ARTICLE VIII Stewards Sec. 1. Stewards shall be appointed where needed by the Business Manager. They shall work under the direction of the Business Manager and be subject to his/her authority. The Business Manager may remove any Steward, as such, at any time.
Sec. 2. Duties of the Stewards shall be:
(a) To have a copy of the IBEW Constitution, these bylaws, and the working agreement with them at all times.
(b) To see that Union membership is encouraged and all workers at their respective shop or jobs have paid-up dues receipts or valid working cards of the Local Union.
(c) To report any encroachment upon the jurisdiction of the Local Union.
(d) To report to the Business Manager any violation of the bylaws or agreements.
(e) To perform such duties as may be assigned to them by the Business Manager.
Sec. 3. Stewards shall in no case cause a stoppage of work. In case of any trouble on a job or at a shop, Stewards shall immediately notify the Business Manager.
ARTICLE IX Assessments – Admissions – Fees – Dues Sec 1. All assessments imposed in accordance with the IBEW Constitution and these bylaws must be paid within the time required to protect the member’s continuous good standing and benefits.
Members shall not be required to pay assessments for welfare benefits in which they cannot participate.
Sec. 2. No money shall be collected from anyone working within the jurisdiction of this Local Union other than to apply on admission fees, dues and assessments established in accordance with the IBEW Constitution and these bylaws.
Sec. 3. The admission fee shall be:
(a) “A” or “BA” Membership
All classifications……………………………… $7.00
(b) Each applicant for “A” membership shall pay an additional $2.00.
(c) Approval of these admission fees is given by the International President with the understanding that if conditions in the jurisdiction of the Local Union do not justify such fees, then the International President will be free to change the amounts.
Sec. 4. All applications shall be accompanied by the full admission, and admission must be completed within ninety (90) days of making application, in accordance with Article XXI of the IBEW Constitution.
Sec. 5. Dues are payable monthly in advance.
Sec. 6. The monthly dues shall be:
(a) “A” and “BA” Members:
All classifications……………………………… $11.80 Effective 1/1/04
(b) Applicable International per capita and all assessments to be paid in addition to the above dues.
(c) The Local Union portion of the monthly dues as provided for in (a) above shall be increased annually by an amount equal to the percentage wage increase negotiated under the labor agreement. Said amount shall be rounded to the nearest even ten-cent amount.
(d) The International President shall be advised of each change as provided in (c) above and it shall become effective following approval.
ARTICLE X Funds Sec. 1. The funds of this Local Union are for the legitimate expenses required in its conduct and maintenance and shall not be diverted there from. Disbursements shall be made in accordance with Article XX of the IBEW Constitution and these bylaws.
Sec. 2. No money shall be loaned from the funds of this Local Union for any purpose, unless approved by the International President of the IBEW.
Sec. 3. The President shall appoint an auditing committee of three (3) members (or the President or the Executive Board, as the Local Union decided, shall employ a public accountant) to audit the books and accounts of the Local Union every three (3) months. A report of the audit must be made to the membership. The President shall inspect the bank books of the Treasurer to see that the Local Union moneys turned over to the Treasurer have been properly and promptly deposited in the Local Union’s name. The fiscal year shall be that twelve-month period ending June 30.
ARTICLE XI Death Benefit Fund Sec. 1. There is hereby established in Local Union 365 a Death Benefit Fund for the payment of death benefits provided for in this article.
Sec. 2. This fund shall be established by transferring $1,000 from the Local Union’s General Fund, and assessing each member the sum of $1.00, all of which will be deposited in an account subject to withdrawal in accord with Article XX of the IBEW Constitution.
Sec. 3. All members of this Local Union shall participate in the Death Benefit Fund, and retired members of Local Union 365 wishing to remain may participate in the Death Benefit Fund.
Sec. 4. Each applicant,
and those accepted on travel cards, upon admission to membership, shall
pay an additional $1.00 into this fund at the time of admission. Each
member leaving the Local Union by transfer or termination will cease to be
a member of the Death Benefit Plan on last day of good standing in Local
Union 365. Sec. 5. (a) In case of death of a member, each member of the Death Benefit Fund shall be assessed the sum of $1.00 for each death, and shall be notified in writing of such assessment by the Financial Secretary.
(b) Retired members participating in the plan shall pay $1.00 for each death.
(c) Any member failing to pay their assessment within thirty (30) days following notification shall forfeit their right to benefits and shall ceased to be a participant under this Fund.
Sec. 6. Upon the death of any member in good standing, a Death Benefit shall be paid to the beneficiary or beneficiaries of the deceased, by certification of death by a member in good standing in the IBEW. The amount of this benefit shall be equal to $1.00 per member participating in the Death Benefit Fund.
Sec. 7. The beneficiary shall be the same as the beneficiary designated by the participating member on the Electrical Workers’ Benefit Association Certificate, or in the case of participating members not members of the EWBA, to the beneficiary designated by the member, provided that such beneficiary is designated within the limits as prescribed by the EWBA Constitution and bylaws.
Sec. 8. In cases where the deceased has no beneficiary designated, the Executive Board of the Local Union shall pay an amount equal to the benefit payment toward the burial expense of the deceased member; and if the entire benefit payment is not needed for this purpose, the balance shall remain in the Death Benefit Fund.
Sec. 9. (a) Should the Local Union decide to terminate the Death Benefit Fund, the termination shall be accomplished by removing the plan from the bylaws in accordance with the amending provisions contained in these bylaws.
(b) In such event, the money in the fund at the time shall be transferred to the General Fund of the Local Union.
Sec. 10. Under no circumstances shall any money from any other funds of the Local Union be transferred or used to supplement this fund, or shall any money from this fund be used for any other purpose than outlined herein.
Sec. 11. The Death Benefit Fund shall be audited in the same manner and at such time as the other funds of the Local Union are audited.
Sec. 12. This fund is not maintained under a written trust.
ARTICLE XII Admission of Members Sec. 1. Qualification and admission of members shall be in accordance with Articles XXI and XXII of the IBEW Constitution.
ARTICLE XIII Units Sec. 1. Unit officers shall be members of their respective Units. Each Unit shall have the following officers: Chairman, Vice Chairman, Recorder, and an Executive Committee consisting of the Chairman and four (4) elective members.
Sec. 2. Unit officers shall be nominated at the regular meeting of each Unit in May and elected in June of the year the Local Union elects officers. Only members of each such Unit in good standing are eligible to nominate and vote for the Unit’s officers.
Sec. 3. No member shall be a candidate for more than one (1) office, if nominated for more than one (1) office, the member shall immediately declare for which office he/she will be a candidate. No member shall be nominated for the Unit office unless they are present or signify their willingness in writing to be a candidate.
Sec. 4. A member must have at least six (6) months’ continuous standing in their Unit immediately prior to nomination to be eligible for office in their Unit, provided the Unit has been in existence for six (6) months or more.
Sec. 5. One (1) Judge and as many Tellers as are required shall be appointed by the Unit Chairman to conduct the election. Any candidate may be present or have an IBEW member as an observer present during the voting and at the counting of the ballots.
Sec. 6. Voting shall be by secret ballot. The candidate receiving the highest number of votes for each Unit office shall be declared elected.
Sec. 7. (a) Regular meetings of Units shall be held once monthly as decided by members of each Unit and approved by the Local Union Executive Board.
(b) However, no Unit shall hold any regular or special meeting on the night of any regular or special meeting of the Local Union.
(c) Special meetings of a Unit may be called only by the Business Manager or Executive Board of the Local Union, or by the Executive Committee of the Unit involved. The officer or Executive Committee calling the special meeting shall see that the members of the particular Unit and the Business Manager are notified. No business shall be transacted at any special meeting except that for which it is called.
Sec. 8. The duties of Unit officers within the Unit shall be as follows:
Chairman: The duties shall be similar to those of the Local Union’s President but shall in no way conflict.
Vice Chairman: The duties shall be similar to those of the Local Union’s Vice President but shall in no way conflict.
Recorder: The duties shall be similar to those of the Local Union’s Recording Secretary but shall in no way conflict. The Recorder shall supply a copy of the Minutes of Unit meetings to the Business Manager and to the Recording Secretary of the Local Union as soon as possible after each such meeting.
Executive Committee: The duties shall be similar to those of the Local Union’s Executive Board but shall deal only with affairs of the particular Unit, and shall be subordinate to the Local Union’s Executive Board. However, the Executive Committee has no authority to act as a Trial Board in lieu of the Local Union Executive Board. The Unit Chairman shall preside over this Committee and it shall meet regularly at such time as it may decide and shall select one (1) of it’s members as Secretary. (The Business Manager shall be notified and may attend all meetings of this Committee with voice but no vote.) Immediately after each meeting of the Committee, a copy of its Minutes shall be furnished the Business Manager and the Recording Secretary of the Local Union.
Sec. 9. All Units and Unit officers shall be under the supervision of the Local Union and its executive Board. Failure of the Unit officers to perform their duties and the suspension or removal of any Unit officer and the filling of any vacancies shall be handled by the Local Union Executive Board.
Sec. 10. The eligibility of any member to attend meetings or hold office in the Local Union shall not be affected in any way by participation in the affairs of a Unit.
Attendance at Unit meetings shall be considered attendance at Local Union meetings.
Sec. 11. The following Units are hereby established in the jurisdiction of Local Union 365:
365.1 – TVA Employees, Tri-Cities Area.
ARTICLE XIV General Laws
Sec. 1. The Executive Board shall act as the Trial Board to hear charges and try members (except officers and representatives of a Local Union, Railroad Council, or System Council) for violation of the IBEW Constitution, these bylaws, or an approved working agreement. All charges against a member must be in writing and signed specifying the provision(s) of the Constitution, bylaws, or working agreement allegedly violated. A brief factual written statement of the act(s) considered to be in violation, including relevant dates, places and names, should be given by the charging party. A copy of the charges must be furnished to the accused by the Recording Secretary with notice of when to appear before the Trial Board.
Sec. 2. A charged member may, upon request, have an IBEW member in good standing as Counsel. However, no lawyer, as such may serve as Counsel in a hearing of the Trial Board. No person not a member of the IBEW may be present at such a hearing, except as a witness.
If the accused willfully fails to stand trial or attempts to evade trial after having been notified in writing to appear, the Trial Board shall hear and determine the case just as though the accused were present. When a member files charges against another member and fails to appear before the Trial Board to prosecute the case, unless reasonable excuse is given, he shall be subject to discipline by the Trial Board.
Sec. 3. A majority vote of the Trial Board shall be sufficient for a decision, which is to be in writing. The Trial Board report of its findings and sentence, if any, shall be reported to the next regular meeting of the Local Union. The action of the Trial Board shall be considered the of the Local Union, and the report of the Board shall conclude the case.
Sec. 4. All financial obligations (including but not limited to fines, assessments and unpaid dues and fees) owed by a member under the IBEW Constitution or the bylaws of this Local Union shall constitute debts owed by the member to the IBEW or the Local Union, and may be recovered through court action brought by the IBEW or the Local Union. If it is necessary for the Local to institute legal proceedings in order to recover any such debt, the individual member shall also be liable for all costs of said proceedings, together with a reasonable attorney’s fee incurred by the Local, the amount thereof to be fixed by the court.
Sec. 5. Each member shall keep the Financial Secretary informed of their correct address. The Financial Secretary, in turn shall notify the International Secretary.
Sec. 6. The parliamentary rules of this Local Union shall be those stated in Article XVII of the IBEW Constitution.
Sec. 7. The IBEW Constitution is hereby made a part of these bylaws. Where there is doubt about any section of these bylaws or where such might appear to be in conflict with the IBEW Constitution, then the IBEW Constitution shall control and must be followed.
Sec. 8. Words in these bylaws in the masculine gender shall include the feminine.
Sec. 9. Members shall be supplied with copies of the IBEW Constitution, these bylaws, and the working agreement upon request to the Local Union.
Sec. 10. The Local Union may spend a sum, as determined by the Executive Board, for a suitable tribute upon the death of a member or the spouse of a member. A committee may also be appointed to extend the sympathy of the Local Union to the family of any deceased member.
Sec. 11. Members shall show their working cards or receipts upon request.
ARTICLE XV AMENDMENTS Sec. 1. These bylaws shall become effective upon approval by the International President.
Sec. 2. (a) These bylaws may be amended or changed by any such proposal being submitted in writing and read at two (2) regular meetings of the Local Union, and decided at the second meeting by a majority vote of the members present and voting.
(b) However, assessments, admission fees or dues shall be changed only by a majority vote by secret ballot of the members in good standing voting at a regular or special membership meeting.
Changes shall be introduced at one Local Union meeting and acted upon at a second Local Union meeting. The proposal cannot be acted on at the time it was proposed. A written notice specifically stating the proposed assessments or changes in admission fees or dues shall be mailed to each member in good standing at the member’s last-known home address at least twenty (20) days prior to the Local Union meeting at which the membership is to vote on the question.
Sec. 3. No assessments, amendments or changes shall become effective until approved by the International President, in accordance with the IBEW Constitution. |