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Amalgamated Transit Union
Local 308
LOCAL BY- LAWS
for the Employees
Of the
Chicago Transit Authority
Affiliated with American Federation Of Labor-Congress of Industrial Organizations and Canadian Labour Congress
As amended and approved January 11, 2005 Issued October 1, 2005
Organized at Chicago, Illinois December 1, 1902
INDEX
Preamble ........……................................................................................... 1
Order of Business ....................................................................……........... 2
Section 1, 2, 3, 4 (a, b, c, d) Name ...............................…….................................................................. 3
Section 5 (a, b, c, d, e, f,) Nominations for elected Offices in Local .................................................. 4
Section 6 Nominations for Vacancies ........................................................................5
Section 7 (a, b, c, d, e, f, g, h, i) Instructions on Elections ………………….................................................... 6
Section 8 (a, b, c, d, e, f, g) Duties of Judges and Clerks ……………………........................................... 7
Section 9 (a, b, c, d, e, f, g, h, I, j, k, l, m, n) Election Section .......................................…............................................. 8
Section 10 Installation…….......................................………......................................... 9
Section 11 (a, b, c, d) President/Business Agent Duties …..….................................................... 10
Section 12 Vice-Presidents…………………………............................….........................11
Section 13 (a, b, c, d, e, f) Secretary-Treasurer Duties ..................................................................... 12
Section 14 Duties of Assistant Secretary-Treasurer ...............................…................ 13
Section 15 (a, b, c, d, e, f) Executive Board Members’ Duties ...........................................................14
Section 16 Assistant Executive Board Members’ Duties ............................................15
Section 17 Trustees’ Duties ....................................................................…............... 16
Section 18 (a, b, c, d, e, f, g, h) Grievances ...............................................................…….........................17
Section 19 (a, b, c,) Delegates to CFL & IU Council .................................………......................18
Section 20 (a, b) Delegates to IL State AFL & CIO...........................…….............................19
Section 21 Delegates to IL Joint Conf. Broad of the ATU .................…......................20
Section 22 (a, b) International Convention Delegates .................…....................................21
Section 23 Eastern Can-Am Conference Board .............................….........................22
Section 24 (a, b, c, d) Stewards ...........................................................................…...................23
Section 25 (a, b, c, d) Benefits Funerals, Disability or Sickness ..................…............................24
Section 26 (a, b, c, d, e, f, g, h, I, j, k, l, m, n, o, p, q, r, s) Financing ................................................................….............................25
Section 27 (a, b, c, d, e, f, g, h, i) Meetings ................................................................…............................. 26
Section 28 (a, b, c, d, e, f, g, h, I, j, k) Duties of Membership .................................................…........................ 27
Section 29 (a, b, c) Memberships Dues ...................................................…............................28
Section 30 Amendments to Local By-Laws .............................................................. 29
Section 31 (a, b, c, d, e) Miscellaneous Law ....................................................…..........................30
Section 32 (a, b, c, d, e, f, g, h) Seniority Policy .........................................................…......................... 31
Special Supplement ..................................................…..........................32
P R E A M B L E
We, the Amalgamated Transit Union, this day and date assembled in convention, in order to secure and defend our rights, advance our interests as working men, create an authority whose seal shall constitute a certificate of character, intelligence and skill, build up an organization where all the working members of our craft can participate in the discussion of those practical problems upon the solution of which depends our welfare and prosperity, to encourage the principle and practice of conciliation and arbitration in the settlement of all differences between labor and capital, establish order, insure harmony, promote the general cause of humanity and brotherly love, and secure the blessings of friendship, equality and truth, do ordain and establish this Constitution and these Laws for the government of said Local Union.
1
ORDER OF BUSINESS FOR REGULAR MEETINGS
1. Call to Order by President/Business Agent.
2. Executive Board examines members present.
3. Roll Call of Officers.
4. Reading Minutes of Previous Meeting
5. Propositions for Membership.
6. Reports of Committee on Candidates.
7. Balloting for Candidates.
8. Initiation of Candidates.
9. Communications and Bills.
10. Reports of Officers.
11. Reports of Delegates and Standing and Special Committees.
12. Unfinished Business.
13. New Business and Welfare of the Local.
14. Nominations and Election of Officers.
15. Installation of officers.
16. Receipts and Expenditures.
17. Adjournment.
2
NAME
Section 1 The name of this organization shall be Amalgamated Transit Union Local 308.
Section 2 All sections of the Constitution and General Laws of the Amalgamated Transit Union governing the qualifications and admission of members, their rights and duties individually or collectively, also the election, qualification and duties of officers, are by this article embodied as a fundamental part of these Local Laws.
Section 3 The object of this organization shall be to endeavor to obtain for ourselves the fulfillment of all the declarations set forth in the preamble of these General and Local Laws.
Section 4 (a) The officers of this Local shall consist of a President/Business Agent, First Vice President, Second Vice-President, Secretary-Treasurer, an Assistant Secretary-Treasurer and an Executive Board composed of one member from each road, one member from the Equipment Maintenance Department, one member from the Facility Maintenance Department, and one member from the Supervisory-Clerical Department. Each Board Member shall have one Assistant who shall be elected in the same manner as the Board Member. Provided that the “First” Second Vice-President shall after the approval of the amendment be appointed by the President/Business Agent to finish the current term expiring in January 2000.
(b) The basis of representation of the local Executive Board member shall be one local Executive Board members for each functional occupational division listed below, having four hundred and seventy-five (475) or fewer active members. A functional occupational division having four hundred seventy-six (476) up to eight hundred (800) active members shall be entitled to two Executive Board members. A functional occupational division having eight hundred and one (801) up to eleven hundred (1100) active members shall be entitled to three Executive Board members. A functional occupational division having eleven hundred and one (1101) up to twelve hundred and fifty (1250) active members shall be entitled to four Executive Board members. And for each additional four hundred (400) active members or a major fraction thereof, shall be entitled to one additional Executive Board member. In totaling the active membership only those in good standing for the month of June preceding the normal election of Officers use to be counted. The Secretary-Treasurer shall have posted at terminals and other sites, the results of the count of active members by September 1st of the Election year.
Functional Occupational Division Active Members Executive Board June xxxx Members entitled
Operations Division xxxx x Revenue Division xxx x Maintenance Division xx x Supervisory Division x x
c) The functional occupational divisions which are entitled to more than one Executive Board member shall be further sub-divided into geographical or departmental sections and entitled to one Executive Board member as listed below:
Operations Division Revenue Division Maintenance Division
Rail- Congress/Lake Agents/West Equipment Maintenance
Rail- Douglas/Milwaukee Agents/North-South Facilities Maintenance
Rail- North
Rail- South
(d) Other functional support personnel (clerks, etc., i.e.) who may perform their duties in any of the functional occupational division listed, shall be counted and have all rights and privileges in the geographical or departmental sections of the functional occupational division which they are performing their duties. (Effective upon nominations of officers in October 1984 and installation of Officers in January 1985 or as the case may be).
3
NOMINATIONS FOR ELECTED OFFICES IN LOCAL
Section 5 (a) Nominations for officers of this Local shall take place at the regular meeting in October every three years. At least five days' notice of nominations for office shall be given to the members previous to the holding of the nominating meeting. At the meeting at which nominations are made, every member in good standing and present shall have the opportunity to nominate the candidates of his or her choice for any and all offices for Which nominations are to be made; provided that no member shall nominate two members for one office, and provided further that no member shall nominate a member to represent a road or department on the Executive Board unless both the nominator and nominee are from the same road or department that the nomination concerns.
(b) After a nomination is made from the floor at the nomination meeting, the nominator must then write out the nomination, sign it and immediately place same on file with the Secretary-Treasurer.
(c) Every member shall be eligible to be a candidate for and to hold office; provided, however, that such member shall have been in continuous good standing in the Local for two (2) years; and provided further that such member complies with all of the applicable qualifying provisions contained in these By-Laws and in the Constitution of the International Union. No member who is disqualified from holding office under the provisions of Section 504 of the Labor Management Reporting and Disclosure Act of 1959 shall be eligible to be a candidate or hold office in this Local.
(d) A member shall not be eligible to be a candidate or hold office unless he or she has attended not less than six (6) regular meetings each year during the twenty-four (24) months prior to the election, except in the case of a member being confined on account of sickness or injury, the duration of which would prevent him or her from attending the required number of meetings. The burden of proving such sickness or injury and its duration shall be on the nominee. For the purposes of this subsection (d) the terms "each year, shall mean the period from October lst to September 30th.
(e) Members who have voluntarily left the service in which the membership of this Local is engaged, or who have retired on pension or who have been discharged for cause found by this Local to be proper, are not eligible to run for any office in this Local. Members in the service of this Local or the International shall be deemed to be in service and are eligible to run for office. An officer who retires on pension during his term of office may complete his term serving at the pleasure of the Local.
(f) A member nominated for any office shall not be placed on the ballot unless said member shall send the Secretary-Treasurer written acceptance of the nomination within forty-eight (48) hours after the nomination meeting.
4
NOMINATIONS FOR VACANCIES
Section 6 Offices who are absent from three regular meetings of the Local in succession without satisfactory excuse being rendered and accepted by a vote of the Local, shall forfeit their office, provided a resolution be introduced declaring the office vacant one meeting previous to the time on which the vote is taken, and that a majority shall vote in favor of the resolution. If the office of President/Business Agent, Vice President/Business Agent, Secretary Treasurer, or Executive Board is declared vacant, notice shall be sent out that nominations shall take place at the next regular meeting. Other officers of the Local shall be nominated and elected from the floor at the regular meeting.
5
INSTRUCTIONS ON ELECTIONS
Section 7 (a) The President/Business Agent shall read the election laws to the Judges at the time they report for the ballot boxes. The Judges in turn shall read the laws to the Clerks and see that each Clerk is provided with a copy of same at polling place before the polls open. The President/Business Agent shall read the election laws to the Canvassing Board at the time they report to count the ballots.
(b) Each road shall have a polling place at each terminal for that road located on company property. Each polling place shall have a check list of all floating gangs that is to be checked-off every thirty (30) minutes or so.
(c) The Judges and Clerks of election shall be composed of one Judge and two Clerks for each shift, who shall be selected by the Executive Board and approved by the Local.
(d) The Canvassing Board shall be composed of one member from each road appointed by the Executive Board and approved by the Local.
(e) On the day following the election, the Canvassing Board shall meet at the Secretary-Treasurer office.
(f) The Chairman of the Canvassing Board shall deliver to the President/Business Agent a duplicate report of the findings, signed by a majority of the Board.
(g) The result of the election shall be read by the Chairman of the Canvassing Board at the first regular meeting after the election. After acceptance of the Board's report by the Local, the winning candidates shall be declared elected by the presiding officer. The President/Business Agent shall notify the successful candidates to appear for installation.
(h) Each candidate or his or her watcher will be allowed in room when ballots are being counted, providing they hold credentials signed by Preside and Secretary-Treasurer, bearing the name of the candidate they are going to watch for.
(i) Any electioneering or soliciting of votes in voting places or within one hundred (100) feet of same is prohibited, and any member found guilty of same shall be suspended, fined or expelled.
6
DUTIES OF JUDGES AND CLERKS
Section 8 (a) The A.M. Judge from each road shall appear at the headquarters of the Local the day before election and receive from the Secretary-Treasurer the ballot box, poll books and tally sheets, also ballots. Each polling place shall be provided with sufficient ballots.
(b) The A.M. Judge shall be obligated to set up his or her polling place in advance of the scheduled voting time so that voting may begin on time.
(c) The Judge shall have charge of the ballots, and shall hand to each qualified voter who enters the polling place one (1) ballot with the Judge's initials placed on the back of ballot in ink or indelible pencil. After the voter marks his ballot in ink or indelible pencil he or she shall hand it to the Judge. The Judge shall deposit it in the ballot box, and at no time shall a voter be allowed to deposit the ballot in the box himself, nor shall ballot boxes be opened while voting is in progress.
(d) There shall be two Clerks, one shall have charge of a poll book and shall record the name of each voter in ink or indelible pencil. The other shall have a membership list and a stamp reading 'Voted', and shall stamp the working card or official receipt of each member who votes.
(e) The Judge and Clerks shall prohibit all electioneering or soliciting of votes within the polling place, and any Judge or Clerk found guilty of such charge shall be fined, suspended or expelled.
(f) Judges and Clerks shall proceed to count and tally the votes immediately after the polls close. Ballots must be counted in the same room they are cast, then sealed and placed in the box with unused ballots and mutilated ballots, poll books and tally sheets, and delivered to the Secretary-Treasurer, or his deputy.
(g) Keys to be sealed up in an envelope and delivered to Secretary-Treasurer, or his deputy. All seals bearing the signatures of Judge and Clerks.
7
ELECTION SECTION
Section 9 (a) The regular primary election of officers of this Local shall take place the third Tuesday in November each three years and shall be by secret ballot.
(b) Officers shall be elected under the Primary System, to be held on the third Tuesday in November each three years. If a run off election is necessary this election will be held on the third Tuesday in December and shall be by secret ballot.
(c) Not less than fifteen (15) days prior to the date of the election, a notice of this coming election shall be prominently displayed in the 'In Transit'.
(d) Each member in good standing may vote for or support any candidate of his or her choice without penalty, discipline, reprisal or improper interference by the Local provided, however, that no person shall be permitted to engage in any kind of defamation, libel or slander. Any candidate who engages in, or knowingly permits such conduct, shall be subject to discipline including disbarment from office if found guilty after hearings conducted in accordance with procedures provided in these By-Laws and the International Constitution.
(e) As soon as possible after the nomination meeting, the Secretary-Treasurer shall prepare a ballot. Candidates' names for the respective offices shall be placed on the ballot in alphabetical order.
(f) Officers shall be elected by secret ballot under the "Primary System. The first candidate to receive a majority of all valid votes cast shall be the candidate elected. The ballots shall be prepared and the tally of ballots shall be conducted in accordance with the provisions of Section 14 of the International Constitution. Each candidate shall have the right to have an observer at the polls and at the counting of the ballots.
(g) There shall be no absentee, proxy, or write-in voting and no member shall be entitled to vote unless he is in good standing and presents himself at the polls during the voting hours.
(h) The Secretary-Treasurer shall preserve for one year the ballots and all other records pertaining to the election of Local officers.
(i) The Local's funds or moneys raised by way of dues, assessments, or similar levy shall not be used to promote the candidacy of any candidate in any election conducted under these By-Laws. The Local's funds may be expended for notice, factual statements of issues not involving candidates, and for all other expenses necessary for the holding of an election.
(j) No candidate shall be installed in office, or, if installed, be eligible to continue in office, if, after charges filed and a hearing held- in accordance with the provisions of these By-Laws and the International Constitution, it is established that any employee not eligible for membership in this organization, Employer, or any person acting on behalf of any such Employer, has directly or indirectly financed or otherwise assisted the candidate's efforts to obtain nomination or election.
(k) All complaints concerning candidates or the conduct of the election or the results shall be submitted in writing not later than ten (10) days after the election to the Secretary Treasurer, who shall promptly send a copy thereof to the Local's attorney requesting that he or a person designated by him act as a Hearing Officer in connection with the charges. The Hearing Officer is empowered to investigate the facts, interview witnesses, and evaluate the evidence and contentions of all interested persons, after which he shall submit a report of his findings and a recommended decision to the membership of the Local at a meeting to be held within sixty (60) days after the date of the election. At such meeting, said report and recommended decision shall be submitted to the membership for adoption or rejection.
(l) No member shall resort to proceedings before any court, administrative agency, or governmental official until he has exhausted the remedies provided for above. It shall be the duty and obligation of every member to pursue his internal remedies with promptness and dispatch so that a final decision may be rendered within three (3) months.
(m) Pensioners shall vote at a location most convenient to them.
(n) Each member shall vote only in the polling place(s) designated for the section on which he or she is regularly employed. Each terminal shall have a polling place for that road located on company property; except members who are represented by a board member whose jurisdiction encompasses more than one section.
8
INSTALLATION
Section 10 Installation of officers shall take place at the regular meeting in January following the election. Installation of officers to fill vacancies shall take place at the first regular meeting after the election.
9
PRESIDENT/BUSINESS AGENT DUTIES
Section 11 (a) It shall be the duty of the President/Business Agent to preside at all meetings of the Local, to preserve order and enforce the Constitution and By-Laws; to see that all officers perform their respective -duties, and appoint all committees not otherwise provided for. He shall decide all questions of order, subject to an appeal to the Local. He shall have a right to vote in secret ballot votes at the same time and along with the other members who cast their ballots, otherwise when there is a standing or hand vote, he shall have a right to vote only in case there is a tie, and then he has the deciding vote. He shall enforce all fines and penalties; shall announce the result of all votes; he shall call special meetings of the Executive Board; he shall call special meetings of the Local when requested by a majority of the Executive Board, or two hundred (200) of the members of the Local. He shall call special meetings of a road when requested by the Executive Board or fifty (50) members of that road. He shall sign all orders on the Secretary Treasurer for such money as shall, by the Constitution and By-Laws, or by a vote of this Local, be ordered paid. He shall act as Chairman of all Executive Board meetings; Act as Chairman of delegates to the Chicago Federation of Labor and Industrial Union Council and perform such other duties as the Constitution and By-Laws of this Local may require. He shall report at each meeting on the most recent arbitration hearing decisions, and answer all questions from the membership about the arbitration’s decisions.
(b) He shall arrange all conferences. He shall assist the Secretary-Treasurer when called upon, if possible.
(c) The President/Business Agent shall select from the Executive Board or the Assistant Executive Board members one Executive Board member or Assistant Board member to serve as acting President/Business Agent when the President/Business Agent and other Officers are attending the International Convention and must be approved by the Local.
(d) The President/Business Agent shall appoint all committees unless otherwise ordered.
10
VICE-PRESIDENTS
Section 12 The duties of the Vice-Presidents follow in the order name. In the absence or inability to act of the President/Business Agent, the First Vice-President shall perform the duties of the President/Business Agent, and in the absence or inability to act of the President/Business Agent, and the First Vice-President, the Second Vice-President shall perform the duties of the President/Business Agent. The Second Vice-President shall be a part-time officer and his/her duties shall be assigned by the President/Business Agent, or in case of the absence or inability to act of the President/Business Agent, the First Vice-President shall assume and perform the duties of the President/Business Agent until the Local elects a President/Business Agent, and in the absence of the First Vice-President, the Second Vice-President shall fill the office of President/Business Agent.
11
SECRETARY-TREASURER DUTIES
Section 13 (a) It shall be the duty of the Financial Secretary-Treasurer to keep a true and proper account between the Local and its members, to collect all moneys due this Local and to deposit all such money in a bank that this Local may select, in the name of Local 308. Said money shall be drawn upon only by checks signed jointly by the Secretary-Treasurer and other authorized officers- for the payment of such bills as are authorized by the laws of this Local, or legally ordered paid. He shall also deposit all bonds and securities in a vault in the name of Local 308. Only the Secretary-Treasurer and President/Business Agent shall have access to the vault. The Secretary-Treasurer shall be a member of the Executive Board and shall assist in the work of the Local when called upon to do so.
(b) The Secretary-Treasurer shall be bonded in an amount recommended by the Executive Board and approved by the Local, and as required by applicable laws and the International Constitution.
(c) The Secretary-Treasurer shall keep a correct account of the proceedings of the Local and perform such other duties as pertain to his office.
(d) For his duties with respect to funeral and disability benefits, see Sections 27, inclusive of the International Constitution.
(e) He must turn over at the close of his term of office all books, papers and other matters pertaining to his office, together with all funds belonging to the Local to his successor.
(f) His responsibilities shall cease when the audit report is accepted by Local 308 and his successor is installed.
12
DUTIES OF ASSISTANT SECRETARY-TREASURER
Section 14 It shall be the duty of the Assistant Secretary-Treasurer, in the absence of the Secretary-Treasurer, to perform all duties pertaining to that office and to give such assistance as may be necessary.
13
EXECUTIVE BOARD MEMBERS' DUTIES
Section 15 (a) They shall supervise and direct the management of the Local, act as Trustees, collect all dues and assessments and pass upon all bills, and with the President/Business Agent, constitute the Grievance Committee, and appoint Committees when necessary. All disputes and questions between members of the Local and the Company to be handled by the President/Business Agent and Executive Board Member of the road affected, unless otherwise ordered by the Local. Should they fail in their negotiations; the case will be brought before the Executive Board, who will then recommend the case to the Local for final action. The Executive Board Member of the various roads shall report at the Board Meeting all grievances.
(b) He or she shall give a final report to the Local of all cases taken up by him or her.
(c) It shall be the duty of each Executive Board member, on his respective road or departmental division, to keep the membership informed as to current issues concerning the Local and to ensure that the contract is fully understood and adhered to by all their members and affected management. Each Executive Board member shall have a pre-scribed number of Information and Contract Maintenance days per month to fulfill these duties. The Information and Contract Maintenance days allowed for each road or departmental division shall be:
Operations Division Revenue Division
North Side ……….………….3 days North/South/Midway…........5 days O’Hare/Douglas …………… 3 days West Side ……………….....4 days South Side …………………. 3 days Lake/Congress/Midway …….4 days
Equipment Maintenance Division …………………6 days Facilities Maintenance Division ………………….. 6 days Supervisory and Clerical Division ………………... 6 days
(d) They shall give such bond as is required of them by the Local.
(e) They shall have the power to act for the Local in all emergency cases that require immediate action before the Local can be called together. A majority of the Board shall constitute a quorum to do business.
(f) The concerned Executive Board member will be assigned to accompany the President/Business Agent or his/her designee to Labor Relations whenever grievances related to members of his division are to be discussed, argued, or processed.
14
ASSISTANT EXECUTIVE BOARD MEMBERS' DUTIES
Section 16 The duties of Assistant Executive Board Member shall be: They will act only in case a vacancy occurs, or in the absence of one of the Executive Board Members.
15
TRUSTEES' DUTIES
Section 17 It shall be the duty of the Trustees to hold in their possession and safely keep all bonds executed by the bonding companies for the faithful performance of duties of officers or members of this Local; To bring and maintain any suit or suits at law that may be authorized by the Local.
16
GRIEVANCES
Section 18 (a) Grievances having once been acted upon by the Executive Committee, and the Committee's action reported to and concurred in by the Local, the case shall not be reopened by the same Committee, the President/Business Agent, nor a subsequent Executive Committee, until the matter is again brought before the Local and instructions given favorable to the reopening of the case.
(b) All grievances shall be written on regular grievance blanks provided for that purpose, and which can be obtained from the officers and stewards. Such grievances must be given to Executive Board Members or sent to the office of the Local.
(c) The Vice-President/Business Agent shall keep a file of all such grievances.
(d) It will be the duty of the Executive Board Member to properly fill out on back of grievance blank and his report. The Vice-President/Business Agent will fill out his final disposition on grievance blank.
(e) It shall be the duty of the President/Business Agent to note in space provided for same the final action of Local 308, and file same in his office in file provided for that purpose.
(f) All grievances will be investigated by the President/Business Agent, unless otherwise ordered.
(g) Under no circumstances shall the Local be used as a Grievance Committee by any member until it can be shown that the Executive Board has failed to comply with its duties as set forth above.
(h) The Local shall maintain a Grievance Arbitration Fund in a Separate Account. Three Dollars ($3) of each active member's monthly dues and Three Dollars ($3) of each fee payer's monthly fees shall be placed into the Grievance Arbitration Fund. Said Funds shall be used to pay Arbitration expenses. If at any time, the amount in the fund is not sufficient to pay the cost of arbitration's, the automatic assessment required by Section 21.15 of the Amalgamated Transit Union International Constitution and General Laws shall be instituted.
17
DELEGATES TO CHICAGO FEDERATION OF LABOR AND INDUSTRIAL UNION COUNCIL
Section 19 (a) It shall be the duty of delegates to the Chicago Federation of Labor and Industrial Union Council to attend any and all meeting of that body when called upon by the Chairman of delegates or ordered by the Local.
(b) The President/Business Agent, Vice-President/Business Agent, Secretary-Treasurer, and the members of the Executive Board shall be delegates to the Chicago Federation of Labor and Industrial Union Council by virtue of their office. Additional delegates may be appointed by the President/Business Agent or selected by the Local. Those appointed by the President/Business Agent must be approved by the Local.
(c) It shall be the duty of the Chairman of delegates to the Chicago Federation of Labor and Industrial Union Council to attend all meetings of that body, to report to the Local all business of importance transacted there, to look after the interests of the Local upon the floor of the Federation; he shall select, when he deems it necessary, a delegate or delegates to attend said meetings to assist him in the work. Also he shall keep in touch with proposed work of the Chicago Federation of Labor and Industrial Union Council, so as to recommend, when it may be necessary, to send the whole or a part of the body of delegates of the Local to the meetings of the Chicago Federation of Labor and Industrial Union Council. He shall perform such other and all duties as will be to the interests of the Local as it appears to him, or that he may be instructed to perform by the Local. His report to the Local on all matters of importance must be made in writing and filed in the office of the Local.
18
DELEGATES TO ILLINOIS STATE FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS CONVENTION
Section 20 (a) Nominations and election of delegates to the Illinois State Federation of Labor and Congress of Industrial Organizations Convention shall be held at the first regular meeting of the Local after receiving the call to the Convention. The Secretary-Treasurer shall arrange for the posting of notices at each terminal at least three days (3) prior to the meeting, notifying the membership that said nominations and election will take place at the meeting. The ballots used for this election shall be uniform pieces of stationery, furnished by the Local. One ballot will be given to each member in good standing present at the meeting. If this ballot is torn or mutilated in any way, it shall be void. No member present at the balloting shall be allowed to leave the meeting room until the ballots are counted. A member to be eligible to be a candidate for delegate shall have at least two years continuous membership in good standing in the Local and shall have attended not less than (6) regular meetings each year during the twenty-four (24) months prior to the election.
(b) Delegates to the Convention of the Illinois State Federation of Labor and Congress of Industrial Organizations shall be compensated by the Local for all time lost from work because of attendance at the Convention, and shall be furnished railroad tickets or an equivalent amount of money in lieu thereof. In addition, each delegate shall receive, for hotel and other expenses. Thirty-four Dollars ($34.00) per day when the Convention is held outside Chicago or Thirty-one Dollars ($31.00) per day of the Convention is held in Chicago.
19
DELEGATES TO ILLINOIS JOINT
CONFERENCE BOARD OF THE AMALGAMATED TRANSIT UNION
Section 21 The President/Business Agent and Secretary-Treasurer shall attend all meetings of the Illinois Joint Conference Board of the Amalgamated Transit Union. In the event the President/Business Agent or Secretary-Treasurer is unable to attend any meeting, the President/Business Agent shall appoint a member of the Executive Board to attend the meeting as a substitute.
20
INTERNATIONAL CONVENTION DELEGATES
Section 22 (a) The President shall be the number one delegate to the International Convention: The Secretary-Treasurer shall be the number two delegate to the International Convention. The Vice-President shall be the number two delegate to the International Convention. Should the Local be entitled to more delegates then the below listed delegates shall be number and the correct amount of delegate’s position be filled. Then each functional occupational division starting with the largest (Operations Division, Maintenance Division, Revenue Division and Supervisory Division) shall each send the next delegate by overall numerical strength within each of the division’s. Should the Local still be entitled to more delegates then the next largest Division within any of the above division’s shall be the next delegate etc.; until all delegates positions are numbered and filled. Assistances’ shall serve as alternates. If the numbers of delegates exceeds the number of elected officers then nomination of delegates and alternates, if any, to the International Convention shall take place at a regular meeting of the Local at least sixty (60) days prior to the opening of the Convention. The election of delegates and alternates shall be conducted by secret ballot at a regular meeting of the Local at least thirty (30) days prior to the Convention. In all respect other than date of nominations and elections and the place of balloting and provisions with respect thereto, the provision contained in these By-Laws governs notices, methods of conducting elections eligibility of members to be candidates, and rights and duties of members and candidates shall be applicable to the election of delegates and alternates, provided however that a candidate for delegates shall need two years (2) continuous membership in good standing. The Secretary-Treasurer shall report to the membership prior to nomination of officers which functional division shall be number four, five, six, seven, etc., and then the largest divisions within the division next so that each position can be numbered on the ballot for election of officers during the primary election each three years in November and if needed in the run off election taken in December each three years. The basis for the numbering of the delegate positions shall be the June report to the International office prior to the election of officers.
(b) Delegates to the International Convention who are not full-time Officers of this Local shall be compensated by the Local for eight (8) hours pay, at the current Executive Board members’ rate, for each day that the Convention is in session, and for each day that delegates must miss work because of travel to and from the Convention, but no more than 1 day for each direction of travel. Delegates shall be furnished coach Air Line tickets or an equivalent amount of money in lieu there of. Delegates shall each receive accommodations at the Convention hotel, or closest hotel available, and Thirty Dollar ($30.00) per diem for expense. The provisions of this paragraph shall also apply to non-delegates Executive Board members who are attending the Convention as official guest of Local 308.
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EASTERN CAN-AM CONFERENCE BOARD
Section 23 Amalgamated Transit Union Local 308 shall be a member of the Eastern Can-Am Conference Board of the Amalgamated Transit Union. The President/Business Agent, Vice-President, and the Financial Secretary-Treasurer shall attend all meetings of the Eastern Can-Am Conference Board of the Amalgamated Transit Union. In the event the President/Business Agent, Vice-President, and the Financial Secretary-Treasurer are unable to attend any meeting, the President/Business Agent shall appoint a member of the Executive Board to attend the meeting as a substitute.
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STEWARDS
Section 24 (a) The Stewards of the different departments may be appointed by the Executive Board Member after the installation of officers and must be approved by the Local.
(b) At all times while working, Stewards shall wear an identifying insignia, which shall be furnished by the Local.
(c) The Stewards shall have the authority to intercede in and speak in the behalf of any employee of his or her department where there is a dispute between management and an employee at the local level; station, barn, shop etc. if the Board member is not available.
(d) Any member of Local 308 in good standing who may feel that an injustice has been done him or her by the company or any of its employees shall present the same in writing to the Steward of his or her department. The Steward after investigating said grievance shall deliver it along with his report of his investigation plus results there of to the Executive Board member of his or her department or section and the aggrieved member must be willing to testify to the truthfulness of his or her report should he or she be called upon to do so.
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BENEFITS FUNERALS, DISABILITY OR SICKNESS
Section 25 (a) First upon proof of death of a member, who is in good standing for one year at the time of his or her death and upon satisfactory knowledge of proper and respectful interment of same by previously specified or proper beneficiary, the Secretary Treasurer shall pay to such beneficiary the sum of Fifty Dollars ($50.00); after two years' membership, One Hundred Dollars ($100.00); after three years' membership, one Hundred Fifty Dollars ($150.00); after four years' membership, Two Hundred Dollars ($200.00); after six years’ membership, Three Hundred Dollars ($300.00).
(b) No benefits pursuant to the above sections shall be paid to any person who becomes a member of this Local after he or she has attained the age 55.
(c) The Secretary-Treasurer shall in all cases of the death of a member, if reasonably possible, provide for a union burial and also, if reasonably possibly, provide the regulation floral pieces for the funeral service.
(d) Sick benefits shall be established for full time officers of the Local Union that shall provide payment of the weekly salary; provided that any full-time officer who is sick for more than one (1) calendar week shall not be paid the auto or business allowance expense beginning with the 2nd calendar week of sickness until they return to work.
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FINANCING
Section 26 (a) All bills rendered by members for service must bear specific date and state the class of service rendered and time required; as for example, if loss of time was a day, the bill will call for one day; if a portion of a day, the bill will call for such portion; if no time was lost, the bill must be for such time as is required to render the service. If expense is claimed, the bill must be in detail. The bill must be signed by the member rendering it and must be audited as provided by three Executive Board Members.
(b) It shall be the duty of the President/Business Agent, Vice-President/Business Agent or Secretary-Treasurer to hold up all illegal bills and report same at first regular meeting thereafter.
(c) No individual shall work for the Company during the same hours that he or she works for the Union.
(d) Remuneration for delegates to the Chicago Federation of Labor and Industrial Union Council, Special Committeemen, Stewards, Collectors and members performing other duties as Teller and Judges of Election, shall be in -amounts equal to that for Executive Board Members, under the same conditions.
(e) Disbursements of the moneys of this Local shall be only by checks signed jointly by the Secretary-Treasurer and the President/Business Agent, or the Vice-President/Business Agent, provided, however, that the Assistant Secretary-Treasurer shall be authorized to sign checks in the absence of the Secretary-Treasurer and the Vice-President/Business Agent in the absence of the President/Business Agent.
(f) Executive Board Members shall be compensated at a daily rate as set by the membership, provided the work for the Local causes the Board Member to lose a full day's pay from the Employer, otherwise they shall be paid for the actual time lost, or time spent while serving the Local at an hourly rate as set by the membership.
(g) In the event Executive Board members are off in the service of the Local and receive a full day's pay there for they shall not be entitled to additional compensation for attending a meeting of the Board or the Local on that day.
(h) Executive Board Members shall not be allowed to work more than eight hours in any one day, except by order of the President/Business Agent.
(i) All Committees will be required to report in detail of all receipts and expenditures; the same to be audited before being submitted to the Local for final action.
(j) A member taking off a day to work for the Local, other than those specified in paragraph (e) Section 25 should be compensated at the rate of his or her regular classification rate of pay.
(k) For the faithful performance of their duties, the President/Business Agent and Secretary-Treasurer shall receive salaries and expenses in amounts as set by the membership. The monthly expense allowance of $75.00 for their automobiles and $50.00 for other business expenses. At no time shall these allowances exceed $125.00 per month. Neither the salaries nor monthly expense allowances shall be reduced during a term of office except by an affirmative vote of two-thirds of the members voting at a regular or special meeting.
(l) All moneys received by the Local for initiation fees, monthly dues, assessments, benefits of different kinds and all other sources, immediately become the property of the Local and can be expended only by a majority vote of the members of the Local in attendance and voting at a regular meeting. Appropriations to meet appeals of other Local Locals of the International Union shall be only upon appeals endorsed by the International President. Any such donation to another Local shall be forwarded to the International Office for distribution in accordance with the International Constitution.
(m) The accounts of the Secretary-Treasurer shall be audited every quarter by an expert auditor, decided upon by the Executive Board and endorsed by the Local. The auditor will make a full report of his findings to the Local at the first regular meeting after the auditing. The Audit Report shall be read immediately after the reading of the minutes.
(n) Members receiving money on applications must sign his or her name to the receipt at the bottom of the application blank, and date same properly and give to the applicant as a receipt for his money. The application must then be turned over to the Secretary-Treasurer not later than the first meeting of the Local after the receipt of the money. Anyone failing to comply with the above may be fined in the sum of not less than Twenty-five Cents (25) or more than One Dollar ($1.00) for each offense. Each application constitutes one offense.
(o) The President/Business Agent, Secretary-Treasurer, and Vice-President shall each receive an annual vacation to conform to vacation they would receive if they were working in their respective classifications with the Chicago Transit Authority. Aforementioned Officers entitled to four (4) or more weeks shall have the right to receive pay and not take time off for a portion of all vacation in excess of three (3) weeks. All unused vacation shall be paid to the President/Business Agent, Secretary-Treasurer, and Vice-President by January 15th of the following years.
(p) Members shall also pay any additional assessments ordered by the International Office or Local 308. In the event that the Executive Board of the Local should determine that the General Fund is insufficient for the purpose of conducting the affairs of the Local properly, the Executive Board is authorized and directed to levy a special assessment of not to exceed Five Dollar ($5.00) per month, to be paid by each working member for such period or periods as the Executive Board deems necessary. Such period shall not exceed six months in any one-year unless approved by the members of Local 308.
(q) This Local shall not pay benefits to members in case of strike, or other than what is received from the Amalgamated Transit Union, except in case where extreme need occurs, which case must be investigated and recommended for such benefit by the Executive Board of the Strike Committee.
(r) No member or members shall solicit or ask for assistance or contributions of any king, or shall hold balls, picnics or amusement ventures of any kind, in the name of the Local, without its consent, or shall induce the public to believe by any kind of misrepresentation that they represent Local 308 in fact or word.
(s) A final distribution of any funds in possession of or belonging to the Local cannot be made so long as five members of the Local object thereto.
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MEETINGS
Section 27 (a) The regular meetings of this Local shall be held on such dates and in such places as may be ordered by the Local from time to time.
(b) The regular monthly membership meeting of the ATU Local 308 shall be called to order on the second (2nd) Tuesday of each month at 6:30pm.
(c) When the presiding officer takes the chair, the officers and members shall take their respective seats and at the sound of the gavel there shall be general silence. The meeting shall then be considered organized.
(d) Twenty-five members shall constitute a quorum.
(e) The President/Business Agent shall not appoint any committee between meetings unless authorized by a majority of the Executive Board.
(f) Any member who shall, in the meetings of this Local, make use of any profane or unbecoming language, or refuses to obey the commands of the Chair when called to order, or use disrespectful expressions towards the officers or members of this Local, shall be fined One Dollar ($1.00) for each offense.
(g) The time allowed any speaker to occupy the floor shall not exceed five minutes, without consent of the meeting. Nothing religious, political or sectarian shall be allowed to be discussed at any of the meetings of the Local.
(h) Any member may request the Secretary of the meeting to read any motion or amendment before it is voted upon. The President/Business Agent may ask the member who made the motion or amendment if the motion or amendment as read by the Secretary is correct.
(i) The Executive Board Members shall select from among its members one who shall have charge of the outer door of the Local's meeting place and shall allow none but members presenting paid-up Working Cards to enter, or such persons as he shall receive order from the Local to admit. He shall register all attending members' names in a book provided for that purpose, and shall perform such other duties as the President/Business Agent may direct.
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DUTIES OF MEMBERSHIP
Section 28 (a) For duties of members, see Section 21.6 inclusive, of the International Constitution.
(b) For qualification of membership see Section 21.1 inclusive, of the International Constitution.
(c) For members taking out Withdrawal Cards, see Section 17, inclusive, of the International Constitution.
(d) For charges, trials and appeals see Section 22.3 inclusive, of the International Constitution.
(e) For obligating new members, see Constitution and General Laws International.
(f) Penalties shall consist of fines, reprimands, suspension and/or expulsion and shall be decided by a vote of the Local, except where a specific penalty is provided for in these Local By-Laws.
(g) Under no circumstances must a Working Card or button be given any person until after they have received the obligation.
(h) All members should wear the official button of this Local in a conspicuous position at all times when on duty.
(i) Any member of this Local not wearing button as prescribed for may be tried, and if found guilty shall be fined or dealt with as may be deemed necessary. Also, it shall be optional with the Executive Board Member as to the handling of a grievance of any member who willfully fails to wear his or her monthly button, as prescribed above, unless given authority otherwise by a majority of the Executive Board.
(j) A member who has suspended himself by non-payment of dues, fines and assessments, and desires reinstatement into this Local within twelve months after he became in arrears, may do so, provided he is in sound health, employed at the occupation in some capacity in which he is eligible for membership and there are no other charges against him but that of being suspended for the non-payment of dues, fines and assessments, by applying to the Secretary-Treasurer of the Local and paying all his arrearage and paying, in addition, one Dollar ($1.00) a month for each month that he has been in arrears, as a reinstatement fee. The Secretary-Treasurer, when reporting this member to the General office for reinstatement, shall forward all per capita tax and assessments which due the International on the member, and, in addition shall forward fifty cents (50) for each month that the member was suspended, as shown by the books of the Local, as a reinstatement fee. All reinstatement fees shall go into the Funeral and Disability Benefit Fund. Upon the receipt of all back per capita tax and assessments and the fifty cents (50) per month reinstatement fee at the General Office, the member's name shall be restored to the Local membership roll and the member reinstated and placed in good standing in the Amalgamated Transit Union according to the conditions of his membership prior to the time of his suspension.
(k) A member who has suspended himself for a period longer than twelve months cannot reinstate himself into membership. If such a member desires to again join this Local, he shall be subject to a penalty of Fifty Dollars ($50.00) and must come in and be enrolled as a new member.
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MEMBERSHIP DUES
Section 29 (a) For laws on arrearage of assessments, see Sections 95 to 98 inclusive, of the International Constitution.
(b) The initiation fee shall be Two hundred Dollars ($200.00). This sum, as well as an additional current monthly due shall accompany the application for membership and be paid to the Secretary-Treasurer before the application is presented to the Local Union. Five Dollars ($5.00) of the initiation fee shall be given to the Steward who presents the application. The monthly dues of all active members shall be the top hourly average of the Motorman, Operator, Customer Assistant, Janitor, Car Repairer, Car Servicer and Trackman times, two point twenty five zero percentage (2.250%). This is to be adjusted once a year to be effective each July 1st this shall not include any assessment ordered by the International Union. Employees failing to join the Union within thirty (30) days after they begin working within the jurisdiction of the Local Union shall pay the current month’s dues plus Five Dollars or portion thereof, after the thirtieth (13th) day.
(c) Each member working within the jurisdiction of the Local shall pay to the Local the current monthly dues as regular dues. Members who have retired from active employment prior to January 1, 1993 shall pay Three Dollars and fifty Cents ($3.50) per month. Members who have retired on or after January 1, 1993 shall pay five and fifty cents ($5.50) per month. Members who are not employed under the jurisdiction of the Local shall pay the sum International per capita tax plus Twenty-Five cents each month until reaching age 65 when the dues shall be Five Dollars ($5.50) per month.
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AMENDMENTS TO LOCAL BY-LAWS
Section 30 The Constitution and Local Laws may be amended as follows:
Amendments must be presented to the Local in writing and read by the Secretary-Treasurer at the regular meeting preceding that on which the vote is taken. Notice shall be posted at the Terminals at least one week prior to the meeting at which vote is taken, and said amendment shall be filed in the office of the Local in a file kept for that purpose until such time as it is compiled and printed with the other laws of the Local. The amendment must receive a two-thirds (2/3) majority of the members present in its favor, to become a law.
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MISCELLANEOUS LAW
Section 31 (a) Whenever the Local is seeking a written agreement with an employer, or the modification or amendment of an existing agreement, all such agreements shall be submitted to the International President/Business Agent or his authorized deputy for approval before final action is taken. The Local shall, in writing, advise every employer with whom it has a bargaining relationship of the contents of this Section. When written agreements are consummated, signed copies of the original agreement shall be prepared promptly and forwarded to the International Office immediately.
(b) In matters affecting contracts, no officer or member shall have authority to make any verbal or written agreement with officials or agents of the employer prior to approval by the Local.
(c) The Local shall maintain an office suitable for the transaction of its affairs. The office shall be open from 8: 00 A.M. to 4:00 P.M. on Mondays through Fridays, excluding Holidays and special occasions.
(d) Every employee when hired and every employee when transferred from one Local to another Local is expected when required by management to qualify or break in any of the classes in the train service, such as flagman, conductor, motorman, switchman and towerman. Seniority in any class of service is acquired immediately after proving qualification in the respective class. No member of Local 308 regularly employed as a motorman, conductor, supervisor, yard foreman, switchman, towerman, clerk, ticket agent, foot collector or janitor shall work extra in any capacity, except in case of emergency or when help is not available. (As used herein, an emergency shall mean a sudden, urgent, unforeseen occurrence or occasion requiring immediate action.) When such extra work is done, they shall be paid there for at the rate of time and one-half, or at trip time rate, whichever is greater. They shall receive their regular rate, unless the rate of pay for the extra work is greater than their own, in which case the higher rate must be claimed. Any member working in contravention of the above shall be fined Ten Dollars ($10.00) for the first offense, Twenty-five Dollars ($25.00) for the second offense, and in the case of a member violating this rule the third time, charges shall be brought against such member by the Executive Board, and if the member is found guilty of such violation, then such member shall be expelled from membership in Local 308. This Section shall not be applicable to members doing light duty by order of the Company doctor.
(e) Local Union members who serve in acting management positions, or work in a manager pool, will be forced to the extra board, according to seniority, for all station, run or job picks, at the 1st scheduled pick after they have begun acting in a pool manager job. If the acting pool manager resigns from their management position before a schedule pick, the Local Union member will immediately regain their full picking rights.
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LOCAL 308 SENIORITY POLICY MARCH 8, 1955
Section 32 (a) Every employee when hired and every employee when transferred from one Local to another Local is expected when required by management to qualify or break in, in any of the classes in the train service, such as guard, conductor, motorman, switchman and towerman. Seniority in any class of service is acquired immediately after proving qualification in the respective class.
(b) When more than one person qualifies for the same class at the same time, person with the longest employee service shall be first. Where employee service commences at the same time or is equal length the alphabetical arrangement of surname, with "A" first, shall control.
(c) As qualification is proven in classes additional to first class in which member-acquired seniority, member shall be placed in position in those additional classes consistent with dates of qualification.
(d) Seniority rights in any and all train classes shall be retained as active rights until the member's acceptance of place on regular list as motorman, switchman, switchtender or towerman. During retention of place on regular motor, switching, switchtender or tower list, rights of member in any other class shall be suspended. Every motorman qualifying after March 8, 1955, has the right to qualify as, and pick into the class of, switchman or towerman within one year after qualifying regardless of whether he has a regular run.
(e) Member can not leave any of the classes (regular motor, switching, switchtender or tower) of his own volition to return to the place in the other classes where he has rights in suspension.
(f) Upon voluntary passing or promotion to regular job in any class, member shall be returned to the bottom of then existing extra list of that class.
(g) If because of physical reason or reduction in number of runs or tricks or employers sustained objection, member is taken out of class previously regularly occupied, member shall have those rights in other classes in suspension restored to him with such seniority improvements as have resulted from the operation of time.
(h) It is understood that the full time regular runs, the short runs and the right to work the extra board, will be picked in accordance with seniority. Unpicked runs must be picked from the bottom of the regular extra list.
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SPECIAL SUPPLEMENT:
Effective March 8, 1955, every motorman who acquired a regular run since July 31, 1951, shall have the right to qualify as, and pick into the class of, switchman or towerman within one year.
Working seniority in any rail service classifications, such as guard, conductor, platform man, customer assistant, motorman, operator, switchman and tower man is acquired immediately upon proving qualification in the respective classification; however, effective May 1, 1997, the working seniority date for all rail service classifications shall be the entered service date in rail service, for persons hired on or after May 1, 1997. This shall apply to all rail service classifications mentioned above, and to the extra list. To ensure that persons hired before May 1, 1997 fall correctly before those hired following that date in each and every classification, the Local hereby establishes adjusted seniority dates, as detailed in the following lists, for some persons in the Tower, Switching, and Motor (Operator) classifications. Notice: This list is maintained at the Secretary-Treasurers’ office.
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