BY-LAWS
0F
UNITED STEELWORKERS
LOCAL 1-405
Revised:
July 2014
Contents
Article 1 .........................................................................................................................................................................1
Article 2 .........................................................................................................................................................................1
Article 3 .........................................................................................................................................................................1
Article 4: OFFICERS AND TRUSTEES ...................................................................................................................2
Article 5: DUTIES OF OFFICERS ............................................................................................................................3
Article 6: TRUSTEES .................................................................................................................................................5
Article 7: VACANCIES ...............................................................................................................................................5
Article 8: EXECUTIVE BOARD .................................................................................................................................6
Article 9: DUTIES OF SHOP STEWARDS AND COMMITTEES ........................................................................6
Article 10: MEETINGS ...............................................................................................................................................6
Article 11: INITIATION FEES, DUES AND ASSESSMENTS ..............................................................................7
Article 12: NOMINATIONS, ELECTIONS AND VOTING PROCEDURES .........................................................8
Article 13: CHARGE, TRIALS AND APPEALS ......................................................................................................9
Article 14: GENERAL PROVISIONS .......................................................................................................................9
14.2
Jurisdiction:............................................................................................................................................... 10
14.3
Headquarters: ......................................................................................................................................... 10
14.4
Lost Time Wages & Expenses: ............................................................................................................. 10
14.5
Annual Delegated Meeting ..................................................................................................................... 11
14.6
Local Executive Board ............................................................................................................................ 12
14.7
Sub-Locals ................................................................................................................................................ 13
14.8
Business Agents & Salaried Representatives ..................................................................................... 14
14.9
Local 1-405 Death Benefit Fund ........................................................................................................... 14
Article 15: BY-LAWS ................................................................................................................................................ 17
15.2
BALLOTING PROCEDURE ................................................................................................................... 17
15.3
CHARGES, TRIALS AND APPEALS ................................................................................................... 18
15.4
FORMAT ................................................................................................................................................... 19
15.5
PROCEDURE FOR LOCAL UNIONS .................................................................................................. 19
15.6
POWERS OF THE TRIAL BOARD ....................................................................................................... 21
15.8
NOMINATION AND ELECTION OF OFFICERS ................................................................................ 21
15.9
APPEALS OF ELECTIONS ................................................................................................................... 21
Article 16 .................................................................................................................................................................... 22
UNITED STEELWORKERS LOCAL 1-405 BYLAWS
Article 1
The September 01, 2004 Merger Agreement between the Industrial, Wood and
Allied Workers of Canada and the United Steelworkers of America approved the
existing By-Laws of Steelworkers Local 1-405.
Article 2
Local 1-405 may amend these By-Laws, or adopt additional provisions, all of
which shall not be inconsistent with the International Constitution. They shall be
added to Article 14 of the By-Laws only after completion of the process outlined
in Article 15 of these By-Laws and with final approval of the International Union.
Article 3
3.1
This organization shall be known as United Steelworkers (Steelworkers) Local 1405.
3.2
The object of this Local Union shall be;
3.2.1 First, to unite in this Local Union, all working men and working women who are
eligible for membership of the United Steelworkers (hereinafter referred to as the
“International Union”) and who are within the jurisdiction of this Local Union.
3.2.2 Second, to establish through collective bargaining adequate wage standards,
shorter hours of work and improvements in the conditions of employment for all
workers.
3.2.3 Third, to engage in educational, legislative, political, civic, social, welfare,
community and other activities; to advance and safeguard the economic security
and social welfare of workers, the International Union, its Local Unions and the
free labour movements of the United States, Canada and the world; to seek to
eliminate all forms of discrimination; to protect and extend our democratic
institutions and civil rights and liberties; and to perpetuate and extend the
cherished traditions of democracy and social and economic justice in the United
States, Canada and the world community.
3.2.4 Fourth, to encourage the organization and affiliation of unorganized workers who,
subject to the provisions of Article Vll, Section 1 of the International Constitution,
may be placed within the jurisdiction of this Local Union.
3.2.5 Fifth, to take all steps and actions consistent with the Constitution and policies of
the International Union, and these By-Laws, to implement and carry out the
objects, rights, activities and responsibilities of this organization and the
International Union.
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Article 4: OFFICERS AND TRUSTEES
4.1
The elected Officers of this Local Union shall be a President, Vice-President or
Vice-Presidents, Recording Secretary and Financial Secretary.
4.2
There shall also be elected a Conductor and Warden.
4.3
The above-named Officers (4.1), together with the Conductor and Warden shall
be elected for a term of Four (4) years.
4.3.1 To implement the Merger Agreement the above terms will be changed to three
(3) years in 2012.
4.4
There shall be three (3) Trustees who shall also serve for terms of four (4) years
each, to be elected at the same time as the Officers, Conductor and Warden.
4.4.1 To implement the Merger Agreement the Trustees Term of Office will convert
over time to three (3) years, each elected in such a manner that the terms of
each trustee shall expire at different times.
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Article 5: DUTIES OF OFFICERS
5.1
The President shall preside at all meetings of the Local Union, preserve order,
and enforce the Local Union By-Laws and the Constitution of the International
Union. The President shall decide all points of order, subject to an appeal to the
meeting. The President shall cast the deciding vote in case of a tie.
The President shall sign all cheques, credentials and legal documents of the
Local Union.
The President and/or Business Agent shall be responsible for keeping Stewards
and Committees active. The President shall be responsible for having all
vacancies promptly filled in accordance with Local Union procedure and the
International Constitution.
The President shall be the Steelworkers- IWA Council Executive Committee
Member.
5.2
The Vice-President shall assist the President in the discharge of his/her duties.
In the absence of the President, one of the Vice-Presidents may be authorized to
countersign cheques issued by the Financial Secretary.
The First Vice-President shall, in the temporary absence of the President, serve
in his/her place. In the temporary absence of the President and the First VicePresident, the Second Vice-President shall serve in the capacity of President. In
Local Unions having a Third Vice-President, the same procedure shall be
followed.
5.3
The Financial Secretary shall keep the financial records of the Local Union.
He/she shall maintain membership records and shall forward per capita and
membership reports as prescribed by the International Constitution. He/she shall
present a written monthly financial statement at regular meetings of the Local
Union showing all funds and financial transactions of the Local Union. He/she
shall submit to the Trustees and Auditors for regular audit an account with
receipts and provisions for inspection of vouchers for all monies received and
expended and all bills receivable and payable.
He/she shall receive and deposit all funds of the Local Union in the financial
institution recommended by the Trustees. He/she shall pay all bills and current
expenses, and shall maintain in safekeeping an inventory of all property of the
Local Union. He/she shall issue, or cause to be issued, all official Local Union
notices pertaining to the meetings and business of the Local Union.
He/she shall send a copy of the Minutes of all Local Union Meetings and Local
Union Executive Board Meetings to each constituted Sub-Local Union and shall
conduct the official correspondence of the Local Union. He/she shall preserve all
documents and communications arising from official business.
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He/she shall sign all cheques drawn on Local Union funds. The Local Union
Seal shall be in his/her custody and he/she shall be responsible for misuse of
same.
5.4
The Recording Secretary shall keep a true and correct record of the
proceedings at all meetings of the Local Union Executive Board and the General
Local Union Meeting.
5.5
The duties of the Warden shall be to guard the door and determine that each
member is in good standing as the member enters the meetings of the Local
Union.
5.6
The Conductor shall act as Sergeant-At-Arms during meetings of the Local
Union and shall conduct candidates through the initiation ceremonies and
perform such other duties as the Local Union may direct.
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Article 6: TRUSTEES
6.1
It shall be the duty of the Trustees to exercise general supervision over the
property of the Union, subject to such instructions as they may receive from the
Local Union. All Real Estate and Property of the Local Union shall be registered
and/or recorded and the Officers and Trustees shall be responsible for
safekeeping.
6.2
The Trustees shall examine the books of the Local Union furnished them under
duties of the Financial Secretary.
Article 7: VACANCIES
7.1
In the temporary absence of an Officer or committee member, the President shall
appoint a member to officiate pro tem.
7.2
In the event the office of the President becomes vacant, the First Vice-President
shall automatically succeed to that office. The Second Vice-President shall
automatically succeed to the office of the First Vice-President if for any reason
that office becomes vacant. Failure or refusal of the Vice-Presidents to accept
succession as provided above shall constitute automatic vacancy of his/her
office.
7.3
The President shall fill, by appointment, all vacancies occurring in any of the
offices for the duration of the unexpired term, subject to confirmation by the Local
Executive Board and ratification by the Local Union meeting
7.4
Local Union Officers, or Shop Committee members, who are absent from three
(3) consecutive meetings without a legitimate excuse, shall be subject to having
his/her office declared vacant. Such action may be taken in the third meeting by
the presiding Officer.
7.5
Local Union Officers or Shop Committee members so removed shall have the
right to appeal to the membership in a regular meeting of the Local Union.
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Article 8: EXECUTIVE BOARD
8.1
The Local Union Executive Board shall consist of all the Officers (Article 4.1 and
Article 4.2). The Local Union shall by official action enlarge the Executive Board
to give more adequate representation to the membership
Article 9: DUTIES OF SHOP STEWARDS AND COMMITTEES
9.1
There shall be elected Shop Stewards and/or Plant and Safety Committees in
each operation under the jurisdiction of the Local Union.
9.2.1 The duties of the Shop Stewards and/or Plant Committees shall be to protect the
interest of the Union on the job; to see that all Working Agreements are properly
enforced; and to be familiar with and promote the policies and programs of the
International and Local Union. They shall process each issue brought to their
attention promptly in accordance with Local Union procedure.
Article 10: MEETINGS
10.1
There shall be regular meetings of the membership held at a time and place and
in such manner as established by the Local Union.
10.2
Special meetings shall be called by the President upon instructions of the
Executive Board or upon a petition of twenty percent (20%) of the Local Union
membership.
10.3
Notice of special meetings shall be posted as far in advance as possible and
shall state the purpose, time and place of the meeting.
No subject matter other than stated in the Notice can be acted on by the
membership present at the Special Meeting.
10.4
A quorum for a Local Union Meeting shall be fifty (50) members.
10.5
Delegates to Conventions and other Meetings or central bodies shall be elected
at the Local Union Meeting by secret ballot or by referendum after proper notice
to the membership.
10.6
Union Meetings shall be conducted in accordance with “Robert’s Rules of Order”
where they do not conflict with these By-Laws or the International Constitution.
10.7
In the absence of both the President and Vice-President, the Recording
Secretary shall call the meeting to order and the Local Union shall elect a
chairman pro tem.
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Article 11: INITIATION FEES, DUES AND ASSESSMENTS
11.1
The initiation fee shall be four (4) times the operational base rate.
The maximum initiation fee shall not exceed 3 ½ times the monthly dues.
11.2
No Local Union shall establish monthly dues of less than the total of the
International Union per capita, together with such assessments as are lawfully
levied by the different branches of the Union, plus one dollar ($1.00).
11.3
Any increase in dues above the minimum amount and any levy of assessments
may be made only by a majority vote of those voting by referendum ballot for
such purposes, or a formula may be adopted that will provide for the collecting or
adjusting of Local Union dues.
In such cases the Local Union shall adopt such formula by a majority vote of
those voting in a referendum ballot election.
11.4
Where the formula establishes an automatic change, the membership of the
Local Union must be notified during the month prior to the month in which the
new rate is to be effective.
11.5
Any change in the dues rate must be reported to International Union at the same
time the Local Union membership is notified.
11.6
Any change in dues formula must be a majority vote of those voting by
referendum ballot for such purpose.
11.7
Any member becoming three (3) months in arrears for the non-payment of dues
or assessments shall be suspended from membership and shall at any time
subsequent from the date of suspension acquire membership in the Union by
paying the regular initiation fees set by the Local Union plus the current month’s
dues.
11.8
Any formula adopted for the collecting or adjusting of Local Union dues shall be
added to Article 14 (General Provisions) of the Standard Local Union By-Laws.
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Article 12: NOMINATIONS, ELECTIONS AND VOTING PROCEDURES
12.1
A member must be present at the time of nomination unless absent on official
business of the Union, or his/her absence is accepted by the Local Union. The
nominee must have been a member in good standing in accordance with Article
Vll, Sections 9 and 10 of the International Constitution. The nominee must be
employed in or around the industry. The Local Union must make a determination
as to the eligibility of each nominee prior to the time that nominations are closed.
12.2
Nominations for Local Union Officers are to be held in May, election in June, and
installations in July. In case an elected Officer fails to appear for installation
within two (2) regular meetings, thereafter the office must be declared vacant,
except when excused by the Local Union.
12.3
The election of all Officers shall be by referendum ballot in accordance with the
provisions of Article 15, of these By-Laws. The Balloting Committee shall
normally consist of three (3) members except where enlarged or reduced to
comply with the conditions of any given election. Assistance may be furnished to
the Balloting Committee where such assistance is acceptable to the committee
and conforms to International and Local Union election rules that apply. Said
committee shall have charge of the election; and they shall count all ballots cast
and report the results to the Local Union. All ballots shall be preserved until the
committee’s report is accepted and the Officers installed.
No rule or
constitutional provision may be interpreted to prevent any and all members from
observing any and all phases of the election as long as they do not interfere in
the election.
12.4
Write-ins shall not be permitted on a referendum ballot for election of Officers. If
there is no opposition to any office, then no referendum ballot shall be sent out.
Where there is only one nominee for a position, that name shall not appear on
the ballot and the Local Union Meeting shall declare the nominee elected.
12.5
When more than two (2) nominees are nominated for one office; the Local Union
delegates shall ballot on the nominees eliminating at each ballot the one
receiving the least vote. No member will be allowed to vote for more than one
candidate for each office on each ballot. Balloting shall be by secret ballot until
the two names remain. These two names shall be submitted to the membership
by referendum.
12.6
While the Local Union Meeting shall declare the unopposed nominees elected,
all elected Local Union Officers shall be installed in accordance with the
provisions of Article 12.2 of these By-Laws.
12.7
Prior notice will be given in such a manner that the membership will be notified of
the time and place of voting.
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Article 13: CHARGE, TRIALS AND APPEALS
13.1
All action in respect to charges, trials and appeals by Local Unions shall be
conducted in accordance with Article Xlll of the International Constitution.
Article 14: GENERAL PROVISIONS
14.1(i)
An audit of all financial records shall be made at least once each year by a
competent accountant. Signed copies of the annual audit shall be filed
with the International Union.
14.1(ii)
Local Union Officers and others entrusted with the finances of the Union
must be bonded.
14.1(iii)
The Local Union shall have authority to employ salaried representatives
whenever and wherever the Local may decide necessary.
14.1(iv)
Such salaried representatives shall be responsible to the Local Executive
Board, who shall have the right to hire and fire, subject to the approval of
the Local Union Meeting.
14.1(v)
The program for negotiations shall be decided by majority of the votes
cast by the membership.
14.1(vi)
Decision on proposed terms of settlement shall be by majority of the votes
cast by the membership.
14.1(vii)
No strike can be called except with approval of a majority of the votes cast
by the membership.
14.1(viii)
A Local Union may sponsor a Retiree Club (Steelworkers Organization of
Active Retirees (SOAR)) and may appoint or elect a delegate to meetings
of SOAR. SOAR may also be allowed to send one (1) non-voting
delegate to meetings of the Local Union. Joint ad hoc committees may be
established to deal with problems of mutual concern to the members of
the Local Union and the Retiree.
14.1(ix)
If a member does not work in a month, no dues are required for that
month; and if a member works less than five (5) days in a month, he/she
will pay dues for that month in an amount equal to one and one-half (1.5)
times the operational base rate; or if a member works five (5) or more
days in a month he/she will pay dues in an amount equal to two and threequarters (2.75) times the operational base rate.
14.1(x)
There shall be created and maintained a Fund to be known as the “Legal
Defence and Education Fund”.
This shall be maintained by an
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assessment on the Local Unions dues of Three Dollars ($3.00) per
member per month until the Fund reaches One Hundred Thousand
Dollars ($100,000). The assessment shall then be discontinued until the
Fund is reduced to Eighty Thousand Dollars ($80,000) at which time a
Two Dollar ($2.00) per member per month assessment on the Local Union
dues shall be put into effect until the Fund again reaches One Hundred
Thousand Dollars ($100,000). If at any time the Fund should reach a low
of Forty Thousand Dollars ($40,000) the original Three Dollar ($3.00) per
member per month assessment on the Local Union dues shall
automatically be put into effect until the Fund again reaches One Hundred
Thousand Dollars ($100,000). The Fund shall be deposited in a separate
account and expenditures from the Fund shall be administered by
authority of the Local Executive Board.
14.1(xi)
Implementation of the dues structure shall be in conformity with Article 11
Initiation Fees, Dues and Assessments of these By-Laws.
14.1(xii)
The Local Union Officers shall have the authority to discuss merger,
transfer, or amalgamation with any other union or group wishing to join the
Local Union. The final decision on such merger, transfer, or amalgamation
is subject to ratification by the International Executive Board.
14.2
Jurisdiction:
Eastern Boundary: Alberta border to the junction of the 49th parallel. Southern
Boundary: Junction of the Alberta border and the 49th parallel, west to the
Monashee Mountains. Western Boundary: North from the junction of the 49th
parallel and the Monashee Mountains to Mount Odin; then east to Mount
Stockdale in the Selkirk Range; thence northwest to the Boat Encampment;
thence due east to the Alberta border.
14.3
Headquarters:
The headquarters of the Local Union shall be established in the City of
Cranbrook, British Columbia.
14.4
Lost Time Wages & Expenses:
Any member of the Local Union, who is on authorized official Union business,
shall be paid a daily rate based on actual lost time for each working day. Any
member of the Local Union who is on authorized official Union business may
have income tax deducted from their lost time wages upon request. Local Union
Officers, Business Agents and Delegates when on Union business shall be
allowed a maximum expense account of:
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14.4(i)
One and three-quarters (1 3/4) times base rate of Southern Interior Master
Agreement, rounded off to nearest dollar, per day plus hotel and
transportation costs when they are away from their place of residence on
Union business for each day within the jurisdictional boundaries of the
Local Union.
14.4(ii)
Two and one-quarter (2 1/4) times base rate of Southern Interior Master
Agreement, rounded off to nearest dollar, per day plus hotel and
transportation costs when they are away from their place of residence on
Union business for each day outside the jurisdictional boundaries of the
Local Union, but within the Provincial boundaries of British Columbia.
14.4(iii)
Two and one-quarter (2 1/4) times base rate of Southern Interior Master
Agreement, rounded off to nearest dollar, per day plus hotel and
transportation costs when they are away from their place of residence on
Union business for each day outside the Provincial boundaries of British
Columbia, and while on Union business outside of Canada, per diem will
be paid in that countries funds.
14.4(iv)
Delegates to the Annual Delegated Meetings, Local Executive Board,
Trustees Meetings, Union Negotiations, Local Safety Conferences,
Officers Meetings and any other Committee struck by the Local Executive
Board shall receive one and three-quarters (1 3/4) times base rate of
Southern Interior Master Agreement, rounded off to nearest dollar, per day
regardless of the location of the meetings.
14.4(v)
Officers, Board Members, Delegates and/or authorized members when on
official business of the Union shall be paid .45 cents per kilometre per
vehicle. Officers, Board Members, Delegates and/or authorized members
desiring to travel outside of pool arrangements shall be paid a maximum
of .30 cents per kilometre subject to the approval of the Local Union.
14.5
Annual Delegated Meeting
The Local Union shall hold an Annual Delegated Meeting in May of each year.
14.5(i)
Representation shall be based upon the number of dues paying members
computed on an average taken of the last six month period of each year;
provided that for Sub-Locals and/or Plants in existence for less than six (6)
months, the average shall be based on the membership covering those
months they have been in existence.
14.5(ii)
Delegates shall be elected by and from the Sub-Locals which shall be
entitled to one (1) Delegate for each twenty-five (25) members or less up
to one hundred (100) members and one (1) additional Delegate for each
fifty (50) members or major fraction thereof. Each delegate shall have
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only one (1) vote except in the case of a Roll Call Vote in line with Article
Vl, Section 15 of the International Constitution.
14.5(iii)
In addition to elected delegates, members in good standing of Local 1-405
may attend Delegated Meetings with voice and vote.
14.5(iv)
Officers, Executive Board Members, and full-time salaried representatives
of the Local Union shall be automatic Delegates credentialed by the Local
Union.
14.5(v)
The Local Union shall furnish the Sub-Locals with credential blanks in
duplicate, which shall be attested as required on the blanks, not less than
thirty (30) days prior to the Delegated Meeting.
14.5(vi)
The calling of additional Delegated Meetings of the Local Union during the
year shall be either by official action of the Local Executive Board or by a
petition signed by a number of members in good standing of the Local
Union equal to the number of Delegates attending the last previously held
Delegated Meeting.
14.5(vii)
The petition must be signed by members from a majority of the SubLocals. Nomination and election of delegates will be conducted in
accordance with the procedure of these By-Laws.
14.6
Local Executive Board
14.6(i)
The Local Executive Board shall consist of the Local Union Officers,
namely President, three Vice-Presidents, Recording Secretary, Financial
Secretary, and the Conductor, Warden, and one (1) representative from
each certification with 10 or more members.
14.6(ii)
The Local Executive Board shall be representative of the membership by
allocating the Board members so they not only represent a certain
geographic area, but also a reasonable portion of the total membership of
the Local Union. The areas and approximate number of members
involved in the Sub-Locals shall be sent to the International Executive
Board, along with the By-Laws for approval and record.
14.6(iii)
The Local Executive Board shall execute the instructions of the Delegated
Meetings, and between the meetings shall have the power to direct the
workings of the Local Union. Action taken by the Executive Board may be
modified, or reversed, by Delegated Meetings, provided they do not
conflict with the Local By-Laws or International Constitution.
14.6(iv)
Any member of the Local Union in good standing shall be entitled to
attend the meetings of the Local Executive Board as an observer with
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voice but without vote. He/she shall be permitted to bring to the Board
any subject matter of concern on Local Union affairs, but not to interfere in
the proceedings of the Board or to prohibit the Board from going into
executive session for reasonable periods of time. Executive Board
Meetings shall be held not less than in every calendar quarter.
14.7
Sub-Locals
14.7(i)
In order to guide the policies of the Local Union on a democratic basis and
to conduct the affairs of the Local Union as they effect the membership in
a given area, the Local Union shall establish Sub-Locals representing, as
near as possible, both geographic and membership balance.
14.7(ii)
Each Sub-Local shall have the right and the power to make decisions
which affects only the membership of that Sub-Local and are not
inconsistent with the policy, program, rules and By-Laws of the Local
Union.
14.7(iii)
Sub-Local Meetings shall be held at a time and place and in such manner
as established by the Sub-Local. Special meetings may be held if the
membership by majority so designate or if the Local Union Executive
Board issues notice to call such a meeting.
14.7(iv)
For the purposes of Sub-Local meetings, a quorum shall be twelve (12)
members in good standing or ten percent (10%) of the Sub-Local
membership, whichever is the lesser.
14.7(v)
Officials of the Sub-Locals who shall be elected at every second Annual
Sub-Local Meeting in the month of March shall consist of a Chairperson,
Vice-Chairperson, Secretary, and up to four (4) Job Stewards, based
wherever possible on one steward for each department, side, or division.
In the absence or vacancy of the Chairperson, the Vice-Chairperson shall
serve in the capacity of Chairperson. The Plant Chairperson (from
operations with more than 10 members) elected shall automatically be the
Executive Board Member. In the absence or vacancy of the Plant
Chairperson, the Vice-Chairperson shall serve in the capacity of the
Executive Board Member. (If someone from the Plant is elected as an
Officer, Conductor, or Warden of the Local Union and are not on staff full
time, said person will be an additional Executive Board Member.) Also
elected will be:
14.7(v)(a)
A Safety and Health Chairperson and up to six (6) Health and Safety
representatives, based wherever possible on one safety rep for each
department, side, or division.
14.7(v)(b)
One (1) Job Evaluation Review Committee member and one (1) Alternate.
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14.7(v)(c)
One (1) Local Executive Board Member and one (1) Alternate. (If
someone from the Plant is elected as an Officer, Conductor or Warden of
the Local Union and are not on staff full time, said person will be the
Executive Board Member and then only an Alternate need be elected).
14.7(v)(d)
A Balloting Committee consisting of up to four (4) members.
14.7(v)(e)
An Environment Committee consisting of up to four (4) members.
14.7(vi)
The Sub-Local Recording Secretary shall forward to the Local Financial
Secretary after each meeting, a copy of the minutes.
14.7(vii)
The Local Union Officers shall be responsible for forwarding to each SubLocal regular reports, correspondence and financial statements, as well as
arranging for consultation and discussion with Sub-Locals on any matter
of Local policy.
14.8
Business Agents & Salaried Representatives
The position of President and Financial Secretary shall be full time salaried
positions. The Executive Board of the Local Union shall have the right to set out
salaries of Business Agents and salaried representatives and determine the
amount of per diem they may charge (not to exceed the amount set out in “Lost
Time Wages and Expenses” provision).
14.9
Local 1-405 Death Benefit Fund
In the following By-Laws the words “Local Union” shall mean Local 1-405, United
Steelworkers and the words “Member” or “Members” means a member or
members of Local 1-405, United Steelworkers.
14.9(i)
There shall be created and maintained a fund to be known as the “Death
Benefit Fund”.
14.9(ii)
This Fund shall be maintained on the following basis:
The Local Union shall designate a special assessment of .25 cents per
member per month to be allocated into a Death Benefit Fund.
14.9(iii)
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The Fund shall be accounted for separately from all other accounts
maintained by this Local Union. The Fund may be invested in Bonds,
GIC's or other secured investments as deemed appropriate by the Local
Executive Board. All disbursement or payments from said Fund must be
made by cheque drawn on said Funds and signed by the authorized
signing Officers of the Local Union.
UNITED STEELWORKERS LOCAL 1-405 BYLAWS
14.9(iv)
The following shall be deemed members in “Good Standing” for the
purpose of eligibility to benefits under the Death Benefit Fund:
14.9(iv)(a)
Members who have their current dues paid up into United Steelworkers
Local 1-405 in accordance with Article 11 of the Local Union By-Laws, or
who have been exonerated from the payment of dues by the Local Union.
14.9(iv)(b)
Those members who are working in the area of the Local Union’s
jurisdiction or who during periods of unemployment are carried on the pay
roll in any operation under contract to the Local Union.
14.9(iv)(c)
A member who has transferred into the Local Union from some other
Local of United Steelworkers and who has paid one month’s dues to the
Local Union.
14.9(iv)(d)
A new member of the Local Union who has transferred from some other
Union, providing such transfer has been accepted by the Local Union and
providing dues have been paid either by cash or deducted by check-off by
his employer and his dues remitted to the office of United Steelworkers
Local 1-405.
14.9(v)
All members and/or beneficiaries of the members who have been granted
withdrawal cards, retirement cards or members who have transferred to
another Local of United Steelworkers or have discontinued paying dues to
this Local Union without exoneration being granted by the Local Union,
shall not be entitled to any benefits as set forth herein, and all monies paid
into the Death Benefit Fund by said members shall be forfeited to the
Death Benefit Fund until such time as said members are again in good
standing of United Steelworkers Local 1-405.
14.9(vi)
In the case of a question concerning a member’s good standing for the
purpose of determining eligibility to benefit’s from the Death Benefit Fund
the Table Officers of this Local shall make the decision subject to
endorsement by the Executive Committee of the Local Union.
14.9(vii)
In the event of the death of a member eligible to benefits under the Death
Benefit Fund, the sum of $2,000.00 will be paid to the beneficiary on
receipt of proper notice. The beneficiary must make a claim within sixty
days of the death of a member. The Local Union may require from the
beneficiary, documents attesting to the death of the member, and is not
required to pay the beneficiary unless such documents are produced.
Such documents to include either a Death Certificate, a sworn statement
of the attending physician or a statement of verification signed by the SubLocal Committee Executive.
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
14.9(viii)
Unless the beneficiary has been specifically named beforehand, the Wife
or Husband of the deceased member will be deemed to be the beneficiary
or in the case of the death of a member who is single, the parent will be
deemed the beneficiary, and in those cases not named in the foregoing,
payments shall be made to the person who is responsible for the funeral
payments, but no payment shall be made to any society or the Workers’
Compensation Board. In all cases not included in the foregoing, the Table
Officers will decide who the beneficiary should be.
14.9(ix)
If, in the opinion of the Committee of this Local Union, the Fund has been
reduced to a point where it is not sufficiently large to ensure payment of
the agreed amount, they will have the authority at any time deemed
necessary to reduce the amount paid to beneficiaries to a maximum
amount of 4% of the Fund.
14.9(x)
This Fund shall become effective September 1, 1975 and no payments
will be made prior to May 1, 1976.
14.9(xi)
All necessary expenses incurred in the operation and administration of the
Death Benefit Fund will be borne by the Fund itself and no costs incurred
in the management of the Fund will be charged against any other Fund of
this Local Union.
14.9(xii)
The By-Laws of the Death Benefit Fund and their provisions and
applications can only be amended by action of the Annual Membership
Meeting of United Steelworkers Local 1-405.
14.9(xiii)
Once the fund has reached one hundred thousand dollars ($100,000) the
transferred assessment amount of twenty-five cents (0.25) per member
per month from the general account to the death benefit account shall
then be discontinued until the fund is reduced to seventy-five thousand
($75,000) at which time the twenty-five cents (0.25) assessment per
member per month transferred from the general account to the death
benefit account shall be in effect until the fund reaches one-hundred
thousand ($100,000).
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
Article 15: BY-LAWS
15.1(i)
By-Laws can be amended by a majority vote at the Annual Delegated
Meeting of the Local Union, except matters dealing with election of
Officers, Dues and Initiation.
15.1(ii)
Amendments adopted by the Delegated Meeting action shall not be
finalized until sixty (60) days from the close of the Delegated Meeting and
such proposed Delegated Meeting changes shall be publicized in the
officially publication of the Local Union and copies of such proposed ByLaw changes shall be sent to each Sub-Local within ten (10) days after
the close of the Delegated Meeting. Any time within this specific sixty (60)
day period the membership, through their Sub-Locals or Plants, may
petition the Local Union Financial Secretary to initiate a referendum on
any amendment adopted by such Delegated Meeting action. If the Local
Union Financial Secretary receives a number of petitions representative of
one third (1/3) of the total Local Union membership he/she shall proceed
with the referendum.
For the purpose of this Section, the total
membership of the Local Union shall be the same in number as that used
to compute representation to the last preceding Local Union Delegated
Meeting. The Ballots shall be mailed from the Local Union Office not later
than ten (10) days following the sixty (60) day period specified in this
Section. The Ballots shall be postmarked for return not later than One
Hundred (100) days following the close of the Delegated Meeting. All
such proposed amendments shall be submitted to the Local Union
Delegated Meeting by resolution.
15.1(iii)
Copies of these By-Laws shall be provided for each member of this Local.
15.2
BALLOTING PROCEDURE
15.2(i)
When more than two nominees are nominated for one office, the Annual
Delegated Meeting shall ballot on the nominees, by secret ballot,
eliminating at each ballot the one receiving the least votes until only two
(2) remain. The two (2) remaining nominees shall be submitted to the
membership by referendum ballot.
15.2(ii)
The referendum ballot shall be submitted to the membership within fifteen
(15) days after the conclusion of the Annual Delegated Meeting and the
ballots shall be postmarked for return to the Local Union office not later
than fifty (50) days following the Delegated Meeting. The persons
receiving the largest number of votes cast shall be elected and take office
immediately upon certification of election by the Local Union Executive
Board.
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
15.2(iii)
On election of Local Officers, Board Members and Trustees, a Balloting
Committee of three (3) shall be elected by the Executive Board.
15.2(iv)
No nominees on the ballot are eligible to act on a Sub-Local Plant or Local
Balloting Committee.
15.2(v)
The Local Union shall forward to all Sub-Locals or Plants, where there is
an established Committee, by mail, all balloting material and voting rules.
15.2(vi)
Where there are no Committees elected, the Business Agent may take to
the Sub-Local or Plant parcelled balloting material and when the SubLocal or Plant Executive is elected the balloting material is to be turned
over to them.
15.2(vii)
The Sub-Locals or Plants shall elect a Balloting Committee to conduct the
ballot and forward all balloting material to the Local Office in sealed
envelopes. All envelopes to remain sealed and made available to the
Local Balloting Committee.
15.2(viii)
The Local Balloting Committee at the time provided in the Balloting Rules
shall tabulate the results of the ballot and report to the Local Executive
Board. Plant Balloting Committees shall not tabulate the Local Union
Ballot.
15.2(ix)
The results from all polls shall be tabulated and a detailed report
forwarded to each Sub-Local or Plant.
15.3
CHARGES, TRIALS AND APPEALS
15.3(i)
The democratic principles of industrial unionism to which this Union
subscribes require that every member, subordinate body and Official,
when facing a charge, shall be entitled to be: (a) served in writing with a
specific charge; (b) given a reasonable time to prepare a defence; (c)
afforded a full and fair hearing; and (d) afforded an opportunity to appeal
before any action is taken as a result of a charge.
15.3(ii)
Charges related to an appeal of elections shall be conducted in
accordance with the International Constitution.
Charges seeking
trusteeship of subordinate bodies shall be conducted in accordance with
the International Constitution. All other charges shall be laid and dealt
with in the manner and form prescribed in this Article.
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
15.4
FORMAT
15.4(i)
A charge must be filed within sixty (60) days of the time the charging party
became aware, or reasonably should have become aware, of the violation
charged. The hearing of a charge, if necessary, must be held no less than
thirty (30) days and no more than ninety (90) days after the charge is filed.
An appeal must be filed within thirty (30) days of the time a party received
the decision being appealed and shall be heard at the next regular
meeting of the appeal body.
15.4(ii)
No specific form is required, but in order to be valid a charge shall:
15.4(ii)(a)
be sent in writing, by registered mail, to the appropriate body within the
time limits prescribed above;
15.4(ii)(b)
claim a violation of a specific provision, or provisions, of the Constitution or
By-Laws of the International Union or Local Union, and include a
statement of all details, facts and evidence of the charge; and
15.4(ii)(c)
be dated and signed by at least one (1) member in good standing.
15.4(iii)
The written charge shall not be altered after it is received by the initial trial
board.
15.5
PROCEDURE FOR LOCAL UNIONS
15.5(i)
A charge against a member or an Officer of a Local Union must be filed
with the Local Union. The Executive Board of the Local Union shall
handle all charges in the following manner:
15.5(i)(a)
The accused shall be immediately sent a copy of the charge.
15.5(i)(b)
A review of the charge shall be made to determine its validity in
accordance with Section 3 of this Article. If the charge is found to be valid,
it is mandatory that a trial be held.
15.5(i)(c)
The accused and the charging party shall be notified of the date of the
trial, in writing, at least fourteen (14) days in advance, and shall have the
right to attend and be heard. The accused and charging party shall have
the right to select a member in good standing from their Local Union to
defend or prosecute on their behalf.
15.5(ii)
A trial panel shall be selected from the Local Union Executive Board in
accordance with the following:
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
15.5(ii)(a)
For a Local Union Executive Board consisting of fifteen (15) or more
members, the trial panel shall be eleven (11) members. The accused
shall have the right to challenge two (2) members for cause. The charging
party shall also have the right to challenge two (2) members for cause.
The seven (7) remaining shall act as the trial board. In the event there are
no challenges the first seven (7) shall act as the trial board. A majority of
five (5) out of seven (7) is necessary for conviction.
15.5(ii)(b)
For a Local Union Executive Board consisting of less than fifteen (15)
members, the trial panel shall consist of seven (7) members. The
accused and charging party shall have the same right to challenge two (2)
members for cause. The three (3) remaining shall act as the trial board.
In the event there are no challenges the first three (3) shall act as the trial
board. A majority of two (2) out of three (3) is necessary for conviction.
15.5(iii)
The Trial Board shall select one (1) of its members to act as Chair.
15.5(iv)
The International President shall appoint a trial judge who shall ensure
that the trial proceeds in a fair, impartial and orderly manner, but shall not
participate in the decision of the trial board. The trial board shall not be
required to strictly follow the rules of evidence in civil maters and may
enquire about the facts as it sees fit, providing both parties are given equal
opportunity to present their case, both parties adhere to the charges
referred, and objections to questions made by either party are sustained
or overruled according to whether or not they pertain to the case.
15.5(v)
A written decision shall be made within a reasonable period of time
following the trial. This decision shall be promptly issued to the accused
and the charging party. This decision shall provide a synopsis of the trial
and a statement of the decision rendered, briefly explaining its intent and
meaning.
15.5(vi)
Parties to a charge shall have the right to appeal the decision of the trial
board to the International Executive Board. In such case, at the next
International Executive Board Meeting the Executive Board members shall
be provided with: a stat of the charges; a summary of the facts and
evidence; and, the written decision of the trial board. The accused and
the charging party shall have the opportunity to make oral presentations.
The decision of the International Executive Board shall be by majority, and
shall be final and binding, except when a charge involves the integrity of
the Union or the duty of fair representation, in which case a party to the
charge shall have the right to appeal the decision of the International
Executive Board to the International Convention.
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UNITED STEELWORKERS LOCAL 1-405 BYLAWS
15.6
POWERS OF THE TRIAL BOARD
A trial board under this Article shall, within the limits of this Constitution:
15.6(i)
establish fair and reasonable rules and procedures to be announced at the
outset of each trial and appeal hearing; and
15.6(ii)
have the power to uphold, modify or dismiss a charge, in whole or in part,
and, should the accused be found guilty of the charge, the trial board may
order:
15.6(ii)(a)
a reprimand;
15.6(ii)(b)
suspension from office for a period of time deemed appropriate;
15.6(ii)(c)
removal from office;
15.6(ii)(d)
suspension of membership in this Union;
15.6(ii)(e)
expulsion from membership in this Union;
15.6(ii)(f)
a financial penalty; or
15.6(ii)(g)
any other action deemed fair, equitable and responsive to the charge and
consistent with this Constitution.
15.7
No party shall participate in making any decision about the charge. All members
shall be required to exhaust all charges, trials and appeal procedures established
by this Constitution before resorting to any other court or tribunal.
15.8
NOMINATION AND ELECTION OF OFFICERS
Nomination for Officers shall take place early in the proceedings at the Annual
Delegated Meeting. For those nominees whose names will appear on the ballot,
five (5) minutes will be allotted in the proceedings of the Meetings so that
nominees may state their qualifications. Any member of the Local Union in good
standing may make or accept nomination for office in accordance with the
International Constitution. The Local Union must make a determination as to the
eligibility of each nominee prior to the time that nominations are closed.
15.9
APPEALS OF ELECTIONS
Appeals of elections at the Local level shall be made in the following manner:
15.9(i)
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An appeal of a Local Union election would be first to the Local Executive
Board, second to the International Executive Board and third to the
National Convention, whose decision will be final.
UNITED STEELWORKERS LOCAL 1-405 BYLAWS
15.9(ii)
All materials supporting an appeal must be submitted to the body
appealed to within ten (10) days of the certification of election.
15.9(iii)
Any evidence of fraud or violation of rules must be submitted in writing.
Article 16
Any Article or Sub-Section not contained in Local 1-405 By-Laws shall be
covered or superseded by the International Constitution
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