LOCAL 4900 BYLAWS


ARTICLE 1 - NAME

 

This Local shall be known as Local 4900, Communications Workers of America, AFL-CIO.

 

ARTICLE 2 - JURISDICTION

 

Jurisdiction of this Local shall be the jurisdiction assigned by the International Union and appearing on the face of the Local Charter.

 

ARTICLE 3 - OBJECTIVES

 

The objectives of Local 4900 shall be to represent and serve the workers within its jurisdiction in accordance with the By-Laws and Rules of the Local and the Constitution and policies of the Union .

 

ARTICLE 4 - LOCAL STRUCTURE

 

Section 1

 

The structure of the Local shall consist of the following:

 

        (1)  Membership;

        (2) The Officers:  President, Division Vice President(s);Secretary-Treasurer,

        (3)  The Executive Board:  The officers and the Area Representatives;

        (4)  The committees.

 

 

 

 

 

Section 2

 

Divisions:

 

        A.  There shall be as many divisions as the Executive Board shall recommend and the membership shall approve;

        B.  The composition of a division shall be as the Executive Board recommends and the membership shall approve;

        C.  There shall be one Division Vice President elected for each division.

       

Section 3

 

Areas:

 

        A.  There shall be as many areas within a division as the Executive Board shall recommend and the division membership shall approve;

        B.  The composition of an area shall be as the Executive Board recommends and the membership shall approve;

        C.  There shall be one Area Representative elected from each area unless otherwise approved by the Executive Board.

 

ARTICLE 5 - MEMBERSHIP

 

Section 1

 

Eligibility:

 

Any person eligible for membership in the Communications

Workers of America, as defined in Article V of its Constitution, shall be eligible for membership in this local if performing work within the local's jurisdiction, or if employed on a part-time or full-time basis by the union.

 

Section 2

 

Application:

 

Membership in the local shall be obtained after payment of the local initiation fee of two dollars ($2.00) and upon the approval of any membership committee authorized to accept or reject membership on behalf of the local subject to the right of the local to overrule the decision of a membership committee.

 

 

Section 3

 

Transfers:

 

The transfer of membership from this local to the jurisdiction of another local and from another local to the jurisdiction of this local shall be made in accordance with Article V of the Union Constitution.

 

Section 4

 

Resignation:

 

Resignations from the Local shall be in accordance with the Constitution.

 

 

 

 

 

 

 

 

 

ARTICLE 6 - LOCAL DUES AND ASSESSMENTS

 

Section 1

 

Local Dues

 

Each member of the local shall pay dues in an amount established by the CWA Convention.

 

Section 2

 

Local Special Assessments

 

The membership of this local may levy a special assessment only by secret ballot referendum.

 

 

ARTICLE 7 - GOVERNING AUTHORITY

 

Section 1

 

The affairs of this local shall be governed by its membership in accordance with the Constitution and policies of the union in the following manner:

 

        A.     Through action taken in Division, Area and Unit meetings and by referendum of the membership;

        B.     Through action of the local Executive Board.  The Executive Board shall establish administrative policies which become necessary;

        C.     Through action of the local officers;        

        D.     The actions and decisions of the Executive Board and the local officers may be overruled by the membership.

 

 

Section 2

 

Executive Board

 

The local Executive Board shall consist of the officers and the Area Representatives.

 

ARTICLE 8 – DIVISION/AREA UNIT MEETINGS

 

A.     Area membership meetings shall be held a minimum of six (6) times per calendar year and provided that a minimum of one (1) such meeting is held within every two (2) month period.

B.     Notice of meetings shall be given in advance and shall consist of    location, date and time;

C.     Special Division area meetings shall be called by its Division Vice President upon receipt of a petition signed by ten percent (10%) of the Division membership.  Such special meetings shall be held within ten (10) calendar days.

D.     Special area meetings shall be called by its Area Representative upon         receipt of a petition signed by ten percent (10%) of the area membership.  Such special meetings shall be held within ten (10) calendar days.

 

ARTICLE 9 - LOCAL DELEGATES TO THE UNION CONVENTION

 

A.     Delegates to the union convention shall be local officers serving in the following order:

 

        1.  President

        2.  Division Vice President(s)

        3.  Secretary-Treasurer

        4.  Alternate and additional delegates, if necessary.

 

 

B.  Upon the recommendation of the Executive Board and the approval of the membership, any additional delegates and/or alternates that the local is entitled to may be elected by a special election.

C.     In the event the local elects more than one (1) delegate to the union convention, the local shall determine the convention votes assigned to each delegate in accordance with the union constitution.

D.     The President shall be the first convention delegate.  The Division I Vice President shall be the second Convention delegate (or first alternate convention delegate); The Division II Vice President shall be the third convention delegate (or second

alternate delegate); Division III Vice President shall be the fourth Convention delegate (or third alternate delegate).  The Secretary-Treasurer shall be the fifth convention delegate (or fourth alternate).

E.     It shall be the duty of the Secretary-Treasurer of the local to certify the local delegates to the union convention to the Secretary-Treasurer of the union within the same time limits specified in the Union Constitution.

 

ARTICLE 10 - LOCAL COMMITTEES

A.     The local shall have the following regular committees:

 

        1. Education Committee

        2. Election Committee

        3. Organizing Committee

        4. Legislative-Political Committee

        5. Membership Committee

        6. Community Services Committee

        7. Finance Committee

        8. Building Committee

        9. Activities Committee

       10. Safety Committee

       11. Committee on Equity

 

B.     Members of all committees shall be appointed by a majority vote of the Executive Board subject to the right of the membership to overrule such appointments. 

 

C.     Vacancies on committees shall be filled in the same manner as the original appointments.

 

D.     A member of any local committee may be removed by a majority vote     of the Executive Board.

 

E.     The president, with the Executive Board's approval, may appoint any other committees as it becomes necessary.

 

F.     Duties of the committees:

 

        1.  Education Committee:  The Education Committee shall assist in  developing the local's educational program and with the local officers, be responsible for effectuating the union's and the local's  educational program.

 

        2.  Election Committee:  The Election Committee shall conduct all nominations, elections and referenda of this local.

 

        3.  Organizing Committee:  The Organizing Committee shall assist the local officers in organizing all members within the local's jurisdiction.

 

        4.  Legislative-Political Committee:  The Legislative-Political Committee shall assist in developing and pursuing the programs of the union and the local in the legislative field.  It shall be

responsible for the local's program to register each qualified voter.

 

       

 

 

5.  Membership Committee:  The Membership Committee or Membership Committees shall accept or reject membership    applications in accordance with the By-Laws and Rules of the local and the Constitution and policies of the union.

 

6.  Community Services Committee:  The Community Services    Committee shall assist the Executive Board in establishing a   program of community involvement to assure local awareness of community needs.

 

        7.  Finance Committee:  The Finance Committee shall audit the financial records of the local and make a written report quarterly to the local. The committee shall perform any other financial duties assigned by the President.

 

        8.  Building Committee:  The Building Committee shall manage and control under the direction of the Executive Board of the local, all  real estate which the local acquires for use as a local headquarters or for furtherance of any legitimate object of the local.  The  Committee shall also operate in conformance with the By-

Laws of  the CWA Building Corporation.

 

        9.  Activities Committee:  The Activities Committee shall coordinate   social and other activities of the local in conjunction with all other  committees.

 

        10.  Safety Committee:  The Safety Committee shall work in the field of  health and safety, and shall assist in developing the local's program for furthering the health and safety of the membership.

 

11.  Committee on Equity:  The Committee on Equity shall work in the area of special concerns for women and minorities in the local membership and assist in developing and sustaining a local program to insure  equality and representation to all members

ARTICLE 11 - ORDER OF BUSINESS

 

A.  The Order of Business at a local meeting shall be as follows:

 

1.  Call to order

2.  Roll call

3.  Reading and action on minutes

    of previous meeting

4.  Report of officers

5.  Report of committees

6.  Unfinished business   

7.  New business

8.  Adjournment       

 

The order of business may be suspended by a two-thirds (2/3's) vote of the members present.

 

ARTICLE 12 - LOCAL OFFICERS, AREA REPRESENTATIVES, CHIEF STEWARDS, STEWARDS AND THEIR DUTIES

A.  The officers of this local shall be:

        1.  President

        2.  Division Vice President(s)

        3.  Secretary-Treasurer

 

B.  Duties of the President:

       

        1.     The President or their designate shall preside at meetings of the local and at meetings of the local Executive Board and shall be responsible for the conduct of the local business.

 

2.   Shall perform whatever additional duties as may be assigned by the local or required by the policies and Constitution of the union.

 

 

C:     Division Vice Presidents and their duties:

 

        1.     The Division Vice Presidents shall direct and assist the Area Representatives of their respective divisions.

        2.     The Division Vice Presidents shall perform such other duties as may be assigned by the local, the local Executive Board or the local President.

        3.     The Division Vice President shall be responsible for all work locations within his/her divisions.

 

D.     Duties of the Secretary-Treasurer:

       

1.     The Secretary-Treasurer shall maintain a record of the local and keep minutes of the local Executive Board.

2.     The Secretary-Treasurer shall furnish both the District Vice President and Secretary-Treasurer of the union with two (2) copies of any changes in the Local By-Laws.

3.     The Secretary-Treasurer shall be responsible for furnishing the Secretary-Treasurer of the union with all the proper forms signed by local officers which are required by State and Federal laws immediately upon their execution.

4.     The Secretary-Treasurer shall be bonded and shall be custodian of all assets of the local and shall make a report to each membership meeting.

5.     The Secretary-Treasurer shall cause the payment of all bills approved by the President.

6.     The Secretary-Treasurer shall perform such duties as may be assigned by the local, the local Executive Board, or the local      President.

 

 

 

 

 

 

E.     Area Representatives and their duties:

 

        1.     The Area Representatives shall work under the direction of the Division Vice Presidents and shall perform such other duties as may be assigned by the local, the local Executive Board, or the local president

 

2.     The Area Representatives shall preside at meetings of their respective areas.

 

F.     Chief Stewards and their duties:

 

        1.     This local shall have as many chief stewards as may be deemed necessary by the Area Representative and approved by the Executive Board.

        2.     The Chief Stewards shall be  from their respective groups. And may be elected.       The Area Representatives may appoint Chief Stewards.

        3.     The Chief Stewards shall work under the direction of the Area Representative of their respective area.  They shall perform such duties and responsibilities as may be assigned by their Area Representative.

 

G.    Stewards and their duties:       

 

1.     This local shall have as many Stewards as may be deemed necessary by the Area Representatives. 

 

2.     The Stewards shall be from their respective groups, and may be elected. The Area Representatives may appoint Stewards.

 

3.     The Stewards shall work under the direction of the Area Representative of their respective area.  They shall perform such duties and responsibilities as may be assigned by their Area Representative.

ARTICLE 13 - CONDUCT OF MEETINGS AND QUORUM

 

A.     Division, Area and Unit meetings of this local shall be conducted under these By-   Laws and Rules of the Local and in conformity with the Union Constitution.  On questions where the local By-Laws, the Rules of the Local, or the Union Constitution do not clearly apply, Roberts Rules of Order shall govern.

 

B.     The members in attendance at Division, Area and unit meetings shall constitute a quorum.

 

 C.    A majority of the officers, or a majority of the members of a committee shall constitute a quorum for those bodies.

 

D.     Motions effecting entire membership shall be referred to the Executive Board.  The Executive Board shall find the motion in order or out of order.  The Executive Board may refer motions to a committee or refer the motion to the membership.

 

 

ARTICLE 14 - NOMINATION AND ELECTION OF LOCAL OFFICERS/DELEGATES, ALTERNATE DELEGATES, AND MEMBERS OF THE EXECUTIVE BOARD

 

Section 1 – Nominations/Elections

 

A.     Nominations for President and Secretary-Treasurer shall be local-wide.  Nominations for Vice Presidents shall be from their respective divisions.  Nominations for Area Representatives shall be from their respective areas.

 

 

 

 

 

B.     Delegates to conventions and all meetings:

        The President, Division Vice Presidents and the Secretary-Treasurer shall serve as local delegates during their terms of office.  In the absence of any above listed officer, the respective alternate delegate shall serve as the delegate.

 

C.     The term of office shall be three (3) years or until their successors have been duly elected and      qualified.

D.     Such election shall be conducted via the US Mail with ballots being mailed to the last known address of each member in good standing and    the local shall supply prepaid first class postage on a pre-addressed return envelope.  The member shall be responsible for maintaining their address with the Secretary-Treasurer.  All write-in votes will be void.

E.     The membership shall elect a President and Secretary-Treasurer local-wide.  The membership shall elect the Vice Presidents by their  respective divisions.

F.     President, Division Vice Presidents and Secretary-Treasurer shall be elected by a majority of the votes cast.  Area Representative shall be elected by a plurality of the votes cast.

G. Each election year, the Election Committee shall conduct the nominations and local elections in the following manner.

1. On the second Thursday of July, the numbers of members in the areas, Districts and local-wide will be determined.

2. On the second Thursday of August, a notice of nominations and a nomination form shall be mailed to the last known home address of members of the Local.  The notice shall include the necessary information for submitting nominations. Nominations shall be made by United States certified mail.

3. The deadline for receiving nominations will be the second Thursday of September at 11:00 a.m. , Indianapolis time.  All nominations must be made in the month of September before the deadline.

4. The election ballots shall be mailed to the members on the second Thursday of October.

5. The run-off election ballots, if necessary, shall be mailed on the second Thursday of November.

6. The Local Executive Board shall take office on the second Thursday in December.

 

Section 2 - Vacancies and Appointments

 

A.     Vacancy in the office of President:

        1.     If the office of President becomes vacant, the Executive Board shall immediately assign a Division Vice President to act as    President until a special election can be held.

B.     Vacancy in the offices of Division Vice President(s), Secretary-Treasurer, Area Representatives and alternate delegates to the convention:

        1.     The Executive Board shall fill all vacancies by temporary appointment until a special election can be held.

       

C.     All vacancies shall be filled by special election within sixty (60) days of the vacancy and the successor shall serve the balance of the unexpired term.

D.     The method for all special elections shall be conducted by US Mail.

E.     If there is only one (1) nominee for any  position, the nominee shall be elected by acclamation.

 

ARTICLE 15 - STRIKES

 

The calling, conduct and termination of strikes affecting this local shall at all times be carried on in compliance with the Rules prescribed by the Union Constitution.

 

 

 

 

 

ARTICLE 16 - CHARGES, TRIALS AND APPEALS

 

Section 1 - Charges:

 

Members of the local may be fined, suspended or expelled for any of the acts enumerated in the Union Constitution.

 

Section 2 – Trials:

Any accused person shall be tried under the provisions of the Union Constitution.

 

Section 3 – Appeals:

 

A member of this local, upon being found guilty by a local trial court, may appeal as provided in the Union Constitution.

 

Section 4 - Local Trial Court

 

A.     A trial court of this local shall be composed of three (3) persons who are members of this local and not parties to the proceedings.

B.     Each Area Representative shall nominate a member from their Area to serve as a member of the trial court.  A panel shall be established by a random drawing at a local Executive Board

meeting from the nominees.  The term of office shall be the same as the Local Executive Board.

 

Section 5 – Enforcement of Penalties:

 

If a member who is found guilty by a local trial court fails to comply with any final penalty assessed by the trial court or an appellate body, the local may seek enforcement of the penalty in a court of competent jurisdiction and the guilty member shall be liable for the reasonable attorney’s fees of not less than Five Hundred Dollars ($500.00) incurred by the local in bring such an action.

 

ARTICLE 17 - RECALL OF LOCAL OFFICERS AND

AREA       REPRESENTATIVES

 

A.     The officers of this local (President,  the Vice President(s) and Secretary-Treasurer) may be recalled in conformity with the provisions of the Union Constitution.

B.     The Area Representatives of this local may be recalled in conformity with the provisions of the Union Constitution, but by their respective areas and the respective membership comprising that area.

 

 

  ARTICLE 18 - AMENDMENTS TO LOCAL BY-LAWS

 

These By-Laws may be amended by  the following method:

        By referendum of the membership.

 

ARTICLE 19 - REFERENDUM OF THE LOCAL

 

A.     The local Election Committee shall submit any questions to a referendum of the membership, when directed to do so by a motion.

 

B.     Questions submitted to referendum shall be determined by a majority vote of those voting on the question

 

ARTICLE 20 - FISCAL YEAR AND AUDIT

 

A.     The fiscal year shall be from October 1st to and including September 30th of the succeeding year.

 

B.     The financial records of this local shall be audited by the Finance Committee at least quarterly.  The results of such audit   shall be available to all members of the local.

ARTICLE 21

 

A person elected to an office of the local, after meeting all other qualifications, shall be duly installed upon taking the following oath:

 

        "I (give name) hereby accept the office of (name of office) of Local 4900, Communications Workers of America, with full knowledge of the responsibilities and duties of such office."

 

        "I promise to faithfully discharge my duties according to the By-Laws of the local and the Constitution and policies of the International Union."

 

        "I further promise to give my successor in office all books and records in my possession.  I shall at all times endeavor to serve my local and the International Union to the best of my abilities, so help me God."

 

Article 22 – Expenses

 

A.

1.     Per diem for out of town meetings (convention, District meetings, etc.) will be set by IRS guidelines, but daily meal expenses will be held to actual expenses, receipted and vouchered.  (Officers, for purposes of these rules shall be considered as all Executive Board Members).

 

2.     Members, when out of town on authorized Union business, shall be allowed one personal phone call per day at the Local's expense with receipts and vouchers required.

 

 3.    The Local shall reimburse members who are authorized to use their personal vehicle for business of the Local with the IRS permitted cost per mile.

 

4.     Board members shall be paid the following vehicle compensation in addition to the IRS permitted cost per mile:

 

                After accumulating 4,000 miles of Union incurred mileage, the individual shall be permitted to receive a sum equal to .0875 cents per mile actually driven.

 

5.     All vouchers for payment must be submitted within ninety (90) days of the date the expense was incurred.      

 

Section B - Wages

                               

1.     Wages for members authorized to absent themselves from work to perform Union business shall be the individual member's lost wages.   

 

2.     The President, Vice Presidents, and Secretary-Treasurer shall authorize absences from work that require lost time wages.

 

3.     Area Representatives shall have twelve (12) hours per month of Union absence time to maintain their respective units.

 

4.     Officers’ Wages

 

The President's wage is set at $75,500.  Division Vice Presidents and Secretary-Treasurer is set at $71,500.  Future raises would be based on contractual raises of the largest bargaining unit in the local jurisdiction.

 

 SECTION C - AREA REPRESENTATIVES

 

Area Representatives' monthly salary shall be equal to 20% of the weekly base wage of the Division Vice Presidents.

 

 

SECTION D - STRIKES

 

All Officers and Area Reps shall not be paid wages for the duration of the strike of  largest bargaining unit in the local jurisdiction.

 

SECTION E - BENEFITS

 

1.     The Local shall maintain the benefits of full time Officers as close as possible to  the benefits received as if they were still in the employ of their respective Company.

 

2.     The Local shall not be required to maintain the stock match, stock purchase or 401K benefits of the Companies.

 

3.     The telephone concession benefit shall be the equivalent of the Ameritech for all full time Officers.

 

4.     The Local shall maintain a travel life insurance policy for Board members.

 

SECTION F - EMPLOYEES OF THE LOCAL

 

1.     The employment (hiring and termination) conduct, and discipline of employees of  the Local shall be the responsibility of the President or his/her designee.

 

2.     The President shall advise and seek counsel of the Executive Board regarding employees' labor agreement.

 

 

 

 

 

 

 

SECTION G - EXECUTIVE BOARD

 

1.     Minutes:   The Secretary-Treasurer shall conduct a roll call vote of the entire Board on all non-consensus Executive Board actions (motions) and record such results in the Minutes of the Executive Board.

 

2.     Consensus Actions: The Chair shall ask for an affirmative response from each of the Executive Board members before directing the Secretary-Treasurer to record that the Board was in consensus on any issue, action or policy.

 

 

SECTION H - OTHER

 

1.     It shall be the responsibility of the President, Division Vice Presidents and Secretary-Treasurer  to maintain the property of the Local.  Major expenditures shall be first approved by the Executive Board.       

 

2.     When the Local surpluses out-of-date office equipment and similar materials, those items shall be first offered for sale to the membership before sale outside of the Local.

 

3.     Funeral flowers, Bibles or In-lieu:

 

        A.     The definition of immediate family in members collective bargaining agreement to determine the scope of this rule.

 

        B.     Areas shall elect either Bibles or Funeral flowers per situation and advise the Secretary-Treasurer of their election.

 

        C.     A Bible shall be given to either the member or member's family in the event of a death in the family.

 

        D.     Flowers shall be provided at the funeral of the member or family member.

 

        E.     Contributions in lieu of flowers or a Bible will be made upon the         member's or family's request. 

 

SECTION I - LOCAL 4900 ASSISTANCE FUND RULES

 

1.     To be eligible for strike assistance, one must be a member in good standing of  Local 4900.

 

2.     The member must perform his/her strike obligation as requested by the Local.

 

3.     Members may apply for assistance after having been on strike for seven (7) calendar days and have met their strike obligation.

 

4.     Members receiving compensation such as vacation, holiday or disability pay shall be excluded from receiving strike assistance for that period.

 

5.     A committee, appointed by the President, from the striking unit at the time of the strike shall be established to help administer the fund.  This committee shall be chaired by the Secretary-Treasurer.

 

6.     The weekly assistance amount shall be an amount determined by the Executive Board on a yearly basis:  and this amount shall be payable until 7 days after termination of the strike or the fund is depleted.

 

 

 

 

 

SECTION J - COPE

 

1.     FUNDING:

 

Four Hundred Dollars ($400) a month shall be deposited in a non-interest bearing account for the sole purpose of being the Local's COPE Fund.  The deposit shall be made from a dues remittance from the International.                              

 

2.     DISTRIBUTION:

 

        A.     Area Per-Capita

 

                (1) A one-dollar ($1.00) per member per year of the COPE Fund shall be  made available to each of the Areas.

                (2) Additional motions to increase the per-capita may be approved.

 

RECIPIENTS:

 

        The criteria to receive a political contribution shall be:

 

        A.  Publicly announced political parties that represent the interests of working people;

 

        B.  Publicly announced candidates for office on the community, city, town or  State level of government who represent the interest of working people.

 

4.     ADDITIONAL CONTRIBUTIONS:

 

        In the event that an Area raises additional COPE Funds, those funds also will be allocated to that Area.

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