.: Home :: Contact Us :: Site Map :.
Current Local 153 Bylaws

Up
NYH&MTC By Laws
HEREIU Part 1
Opieu
OPEIU Constitution
Old Local 153 By-Laws pg1
Current Local 153 Bylaws
Original Local 6 By-Laws 3
 

 

 

 

  

 

Quote
If hard work were such a wonderful thing, surely the rich would have kept it all to themselves.
Lane Kirkland
 

Current 153  By-Laws

 

CONSTITUTION AND BY-LAWS
Office & Professional Employees
International Union
Local No. 153

AS AMENDED:  September 15, 1987, January 19, 1988
May 16, 1989, Mary 19, 1992, May 21, 1996 May 20, 1997 and November 13, 2001 265 West 14th Street New York, NY 10011

TABLE OF CONTENTS

Amendments
Appeals
Applicants
Auditing of Books
Dues, Finances
Elections
Election Board
Election Offenses
Executive Board
Existence
International Constitution
Jurisdiction
Meetings
Membership
Name
Offenses and Penalties
Officers and Duties
Preamble
Procedure at Meetings
Removal of Officers
Salaries of Officials
Strikes
Trial Board Procedure
Use of Funds
Vacancies in Office
Withdrawal and Transfer Cards

LOCAL 153 CONSTITUTION AND BY-LAWS


ARTICLE I
Preamble

The Union declares for its objectives and aspirations the following: to organize all unorganized professional, technical, office and clerical employees; to secure terms and conditions of employment for its members consonant with American ideals of fair wages; to promote and encourage harmonious relations between ourselves and our employers; to render all possible assistance to our brothers and sister in the AFL-CIO; and to have, in general, the same aims and purposes of the International Union provided for in its Constitution in the interests of all professional, technical, office and clerical employees.


ARTICLE II
Name

This organization located at New York, N.Y., shall be known as the Office & Professional Employees International Union, Local 153. This Union shall be and remain a chartered Union of the Office & Professional Employees International Union of the AFL-CIO.


ARTICLE III
Existence

This Union cannot be dissolved while there are seven dues-paying members herein who desire to continue its existence. Upon the dissolution of this Union, all its properties and assets, including its funds, books and records, shall become the property of the International Union, to be held by the International Union in trust for a period of one year, during which time such property shall be returned to this Union if it is reconstituted. After such one-year period such properties and assets shall become the property of the International Union, and the funds will be placed in the International treasury to be used by the International Union for its general purposes.

ARTICLE IV
Jurisdiction

SEC. 1. This Union shall embrace within its membership employees in any phase of professional, technical, office, clerical and related work in the commonly accepted sense of that term coming within its jurisdiction established under the Constitution of the Office & Professional Employees International Union.
SEC. 2. This Union recognizes the right of the Executive Board of the International Union to determine jurisdiction between Local Unions and settle all controversies respecting jurisdiction between Local Unions.

ARTICLE V
Membership

SEC. 1. No person shall be admitted to membership who is not employed at an occupation under the jurisdiction of this Union, or who advocates principles or lends support to organizations or movements whose purposes and objectives are contrary to the fundamental principles of the established governments of the United States, Canada, and Commonwealth of Puerto Rico, or are in conflict with the policies of the International Union.
SEC. 2. No person holding membership in another Local Union of the International Union shall be admitted to or permitted to retain membership in this Union.
SEC. 3. All officers and full time paid organizers of the International Union shall be ex-officio members of this Union with the privilege of participating in this Union's meetings but not voting; provided, however, such officers and organizers shall retain and may exercise full rights of participation in this Union if they hold membership in this Union.
SEC. 4. Any member of this Union who secures employment under the jurisdiction of any other Union affiliated with the AFL-CIO not under the jurisdiction of this International Union, who is thereby required to become a member of such other Union, may retain membership in this Union.
SEC. 5. All members shall be good standing members and entitled to participate fully as members in the affairs of this Union until expelled, or suspended and not reinstated, or until such members have been issued withdrawal of Transfer Cards, or placed in retirement status in accordance with the Constitution and By-Laws of this Union.
SEC. 6. Whenever any member is totally and permanently disabled, or reaches retirement age and ceases active employment he or she may apply for status as retired member. Such member shall be required to pay dues of one Dollar ($1.00) per month. They shall have the right to attend meetings and participate in deliberations but shall not have the right to vote except in the general election of officers provided for in Article IX hereof, nor shall they be eligible to hold office or serve the Local in any elected capacity.
SEC. 7. Association Membership.
a. An Associate Member shall be defined as a retiree, a member laid-off, placed outside of a bargaining unit, or from a group of persons not presently covered under a collective labor agreement between the Local and an employer who is seeking unionism. Such Associate Member shall have a voice but no vote at the Local level and cannot assume executive functions in the Local Union. The Associate Member may be seated as an observer at the OPEIU Triennial Convention but cannot run for office.
b. The dues and per capita tax payment shall be as approved by the International Union President.
c. The Associate Member shall be entitled to any OPEIU Newsletter, Workshops in regards to issues that may concern them, and to the various OPEIU Union Privilege Programs such as the Credit Card, Legal Service Plan, etc., and a $1,000 Life Insurance Upon request.
d. Notwithstanding Section 6 above, Retirees may apply for Associate Membership at any time.

ARTICLE VI
Meetings

SEC. 1. Regular meetings of the membership of this Union shall beheld on the third Tuesday of the following months: September, January, and May, at 6:00 p.m., at a place designated by the Executive Board, unless such day shall fall on a legal holiday or religious holiday, in which event the meeting shall be held on either the second or fourth Tuesday of such month at the discretion of the Executive Board. All members shall be sent meeting notices of all regular meetings.
SEC. 2. Except for the election of officers, no action of the membership shall be deemed valid or binding unless such action is taken by the membership at a regular or special meeting held pursuant to the provisions of this Constitution and By-Laws.
SEC. 3. A special meeting of the Union may be called by the Executive Board if it deems such action necessary, but said meeting shall not take place on the day of adjournment of the regular meeting.
SEC. 4. The Secretary-Treasurer shall send out notices of any special meeting, stating the purpose for such meeting, to all members at least seventy-two hours before it convenes. No other business shall be transacted at such special meeting.
SEC. 5. Thirty members in good standing shall constitute a quorum for any regular or special meeting. No meetings shall be called to order unless such quorum is present.
SEC. 6. Only members fulfilling the requirements of Article V and XX of this Constitution and By-Laws shall be eligible to attend meetings of this Union and to participate to the extent set forth in those articles; except that invited guests of the Executive Board or of this Union may attend and participate to the extent of the purpose for which they are invited, but shall not vote.

ARTICLE VII
Officers and Duties

SEC. 1. This Union shall have the following officers: President, Vice President, Recording Secretary, Secretary-Treasurer, three Trustees, twenty-five Executive Board members and a Business Manager.
(a) All officers, stewards and employees of this Local Union shall be bonded in accordance with the requirements of the Labor-Management Reporting and Disclosure Act of 1959, where necessary, under a bond approved by the Secretary-Treasurer of the International Union.
(b) Every officer and employee of this organization, other than an employee performing exclusively clerical or custodial service, shall file with the Secretary of Labor, U.S. Department of Labor, a signed report, where necessary, conforming in all respects to the requirements of Section 202 of the Labor-Management Reporting and Disclosure Act of 1959 and all pertinent rules and regulations thereunder.

SEC. 2. PRESIDENT. The President shall preside at all general Membership Meetings and Executive Board meetings; shall preserve order during its deliberations; sign all orders on the Treasury when ordered by this Union; appoint all Committees not otherwise ordered; transact such other business as may of right pertain to this office and which may be necessary to the proper functioning of this Union; and shall have such other powers and duties as provided for in this Constitution and By-Laws. The President shall appoint a Sergeant-at-Arms and Assistant Sergeant-at-Arms whose duties shall be to assist the President in maintaining order. The Sergeant-at-Arms and Assistant Sergeant-at-Arms shall examine all persons entering the meeting hall to ascertain that each person who attends is a bona fide member of our Union.
The President shall be a delegate to all conventions of the Office & Professional Employees International Union.
SEC.3. VICE PRESIDENT. The Vice President shall perform the duties of the President in the absence of that officer, and, in case of resignation, removal, or death of the president, shall assume the office of President until such vacancy is filled by an election as provided for in this Constitution and By-Laws. The Vice President shall also preside when called upon by the President and at times when the president may be temporarily unable to discharge the duties of the office. The Vice President shall have such other powers and duties as are provided for in this Union's Constitution and By-Laws.   The Vice President shall be a delegate to all conventions of the Office & Professional Employees International Union.
SEC. 4. RECORDING SECRETARY. The Recording Secretary shall keep the Minutes of all meetings and proceedings of the Union and the Executive Board.
The Recording Secretary shall be a delegate to all conventions of the Office & Professional Employees
International Union.
SEC. 5. SECRETARY-TREASURER. The Secretary-Treasurer shall perform the following duties:
(a) Shall keep all financial accounts of this Union and maintain correct and proper accounts of all its members; collect all initiation and reinstatement fees, and dues, from members of this Union; make all disbursements for this Union as provided for in Article XIII of this Constitution and By-Laws; keep a correct record of all monies received and expended and prepare financial statements by calendar months to be submitted to the Secretary-Treasurer of the International Union monthly, and to the next regular membership meeting of the Local Union
(b) The Secretary-Treasurer shall be properly bonded with a faithful performance of duty bond by a bonding company and under a bond approved by the Secretary-Treasurer of the International Union. The Secretary-Treasurer shall deposit fund of this Union in banks recommended by the Trustees; submit the books and records to the Trustees for audit and approval whenever called upon to do so, and, upon the expiration of term of office, turn over to the successor all properties and assets, including funds, books, and records of this Union. Before turning over such properties and assets to the successor the Secretary-Treasurer must see to it that such successor is properly bonded. The Secretary-Treasurer shall turn over all properties and assets, including funds, books and records, to the Secretary-Treasurer of the International Union or a duly authorized representative when properly called up to do so.
(c) The Secretary-Treasurer shall transmit monthly to the Secretary-Treasurer of the International Union all financial obligations owing to the International Union not later than the fifteenth day of the following month; follow such accounting and reporting procedures as shall be formulated by the Secretary-Treasurer of the International Union; be required to make monthly reports to the Secretary-Treasurer of the International Union of all dues paying members on forms prescribed by the Secretary-Treasurer of the International Union.
(d) The Secretary-Treasurer shall be required to include in each monthly report the Social Security number, name and address of all newly initiated, transferred, reactivated and inactive members who have withdrawn, died or have been suspended, including members automatically suspended after two months' delinquency in dues, or expelled, and the names of all persons to whom working permits were issued during the month.
(e) The Secretary-Treasurer or the Business Manager shall sign each collective bargaining agreement negotiated by Representatives of this Local Union with any and all employers.
(f) The Secretary-Treasurer shall be a delegate to all conventions of the Office & Professional Employees International Union and all meetings of the Northeastern Conference.
SEC. 6. BUSINESS MANAGER. The Business Manager shall, subject to the approval of the Executive Board,
have full control of organizing activities, investigation and adjustment of complaints, negotiation of new collective
bargaining agreements, of Business Representatives, hotel Representatives, Organizers and all assistants, paid or
voluntary, and all other matters necessary for the preservation and enforcement of the working conditions of the
members.

The Business Manager or the Secretary-Treasurer shall sign each collective bargaining agreement negotiated by Representatives of this Local Union with any and all employers.
The Business Manager shall be a delegate to all conventions of the Office & Professional Employees International Union and all meetings of the Northeastern Conference.
The Business Representatives, under the direction of the Business Manager, shall investigate all complaints, negotiate new collective bargaining agreements, enforce the working conditions of the members of the shops in which they are so directed. They shall participate in all other activities of the Union to which they are assigned by the Business Manager. All contracts negotiated by the Business Representatives, Organizers or Hotel Representatives will require the signature of either the Secretary-Treasurer or the Business Manager.
SEC. 7. TRUSTEES. The Trustees shall meet monthly and examine vouchers which are attached to each check issued by the Union. Reasons for failure to concur will be submitted to the Executive Board by any Trustee. The Executive Board will make a determination subject to the approval of the membership.
The Trustees shall periodically, at least quarterly and at the end of each fiscal year, authorize an audit of all books, vouchers and other financial records of the Union and shall report each such audit to the Union, and to the Secretary-Treasurer of the International Union.
They shall also have such powers and duties as provided for in this Constitution and By-Laws.

ARTICLE VIII
Executive Board

SEC. 1. The Executive Board shall consist of the President, Vice-President, Recording Secretary, Secretary-Treasurer and three Trustees, and twenty-five Executive Board members to be elected by a plurality of the voting membership.
SEC. 2. Each member of the Executive Board shall have one vote with the exception of the President of the Union. The President shall act as Chairperson and shall have voice but not vote, save in the event of a tie vote by the Executive Board, in which the President shall have a vote.
SEC. 3. Seven members of the Executive Board shall constitute a quorum, and such quorum shall have power to transact all business of the Executive Board. Regular meetings of the Executive Board shall be held on the first Tuesday of each month at 6:30 p.m. Special meetings of the Executive Board may be called by the President and must be called upon request of the majority of the members of the Board. All members of the Board shall be given reasonable notification by the Secretary-Treasurer of any special meeting of the Board.
SEC. 4. The Executive Board shall be the governing body of the Union and shall conduct the affairs of the Union in the intervals between general membership meetings. It is empowered to authorize and perform all acts necessary for the conduct of the Union's business between such membership meetings.
SEC. 5. The Executive Board shall have the authority to appoint and to remove Business Representatives and Hotel Representatives. Such authority shall be exercised only after recommendation of the Business Manager.
SEC. 6. The Executive Board may engage legal counsel and determine the compensation for such services subject to the approval of the membership.
SEC. 7. The Executive Board may appoint temporary organizers for a period of time to be determined by the Executive Board, not to exceed the term of the Executive Board.
SEC. 8. The Executive Board shall have the power to add to the Executive Board representatives from large industrial groups of one hundred or more that are organized during the year, providing such groups shall elect by secret ballot said Executive Board representative.
SEC. 9. In the event that a large industrial group of one hundred or more members fails to secure the election of a representative to the Executive Board, the Executive Board shall appoint to the Executive Board a member of said group to serve for the ensuring year. Such representative shall have a voice but no vote.
SEC. 10. The Executive Board shall act as the Trial Board of the Union.
SEC. 11. The Executive Board shall employ such clerical assistance is it deems necessary for the proper conduct of the Union's business and shall determine the compensation for such employees subject to the approval of the membership.
SEC. 12. The Executive Board shall have the power to appoint such sub-committees as it may deem necessary.
SEC. 13. The Business Manager of the Union and such Business Representatives as may be appointed in the future shall have the right to participate in the meetings of the Executive Board but shall have no vote under any circumstances.

SEC. 14. Any member of the Executive Board as enumerated in Section 1 of this Article who fails to attend three successive Executive Board meetings, including special meetings, without being excused from such attendance by the Executive Board, shall be deemed to have forfeited this office, and the Executive Board, pursuant to Article XXII, may appoint a successor for the balance of the unexpired term; provided, however, that if the office of the President is thus declared vacant the Vice-President shall assume the office of the President until such vacancy is filled by an election as provided in Article IX.

ARTICLE IX
Elections

SEC. 1. It shall be the aim of the Union to elect to the Executive Board the most capable members of the various groups comprising the membership of the Union.
SEC. 2. The officers and members of the Executive Board and the Business Manager shall be elected by the membership and shall hold office for a term of three years and be elected by the membership for the above term at the election of the Union to be held in October, 1961, and every three years thereafter. The Secretary-Treasurer of this Union shall be required to mail notice of the meeting at which nominations for office shall be held, to each member at his or her last known address, not less than ten days preceding such meeting.
SEC. 3. The nominations shall be declared open at the regular Membership Meeting to be held in the month of September, 1961 and every three years thereafter. All nominations for office must be made by a member in good standing, and seconded by at least ten members in good standing each of whom must be an employee in a separate and distinct collective bargaining unit represented by the Union. Multiple collective bargaining units within a single employer organization shall be deemed to be one inseparable bargaining unit for purposes of this section. All persons nominated shall designate their acceptance or declination by a form to be provided by the office and said form must be returned to the Union office no later than one week after the date of nominations. Failure to return said form within the time limit shall constitute a declination of the nomination for office; provided, however, that all candidates present at the nominations' meeting may accept or decline nominations by making oral acceptance or declination. Any person nominated making such acceptance or declination shall not be required to complete the aforesaid form.
SEC. 4. The elections shall take place within four weeks after the date of nominations, (the Landrum-Griffin Act requires a minimum of three (3) weeks.)
SEC. 5. No member of the Union shall be permitted to vote unless in good standing in the Union.
Sec. 6. All candidates for office must be members in good standing of the Union and have maintained continuous good standing for a period of one year prior to the date of election for office.
SEC. 7. The names of all candidates are to be placed on the ballot by slate designation for each office. However, a duly nominated candidate will have the right to run as an independent candidate.
SEC. 8. The candidates receiving the greatest number of votes for the respective offices shall be declared
elected. :,
SEC. 9. Votes for any member who was not nominated shall not be counted by the Election Board.
SEC. 10. All officers and Executive Board members shall be inaugurated at the regular Executive Board Meeting of the Union to be held following election and shall assume office immediately after such inauguration. Before entering upon the duties of their respective offices, the newly elected officers shall subscribe to the following installation obligation:
"I, do hereby sincerely pledge my honor to perform the dues of my office as prescribed by the Constitution and By-Laws of this Office & Professional Employees International Union Local 153 and to bear true and faithful allegiance to the Office & Professional Employees International Union of the AFL-CIO. I will deliver to my successor in office all properties, including funds, books and records of this Local Union that may be in my possession at the close of my official term. I will deliver all such property to the International Union upon lawful demand. I will at all times devote my efforts to furthering the objectives and best interests of my Union."

ARTICLE X
Election Board

SEC. 1. An Election Board of fifteen members shall be elected at the regular Membership Meeting after
nominations for regular officers have been closed. No candidate for office shall be a member of the Election Board.
The Election Board shall have the right to appoint any clerical help required.
SEC. 2. The Election Board is charged with the duty of conducting the regular elections of officers and Executive Board members of the Union. Such election shall be conducted by ballots mailed not less than fifteen days prior to the date of tabulation of ballots. Ballots shall be mailed to the last known address of the member. The Election Board shall make such regulations as shall assure the members of a fair and honest election. Any candidate shall have the right to have an observer at the counting of the ballots.
SEC. 3. The Election Board is charged with the issuance of a Special Election Bulletin during the period between nomination and elections. This special Election Bulletin shall contain the following: a statement from the Executive Board on the work of the Union; short biographical sketches of all candidates for office; and, in addition, short articles by the Business Manager on the problems facing our Union; provided, however, they do not deal with personalities.
SEC. 4. The Election Board shall have the duty of enforcing the right to vote of the members and shall see that such right of franchise is not interfered with or hindered by anyone.
SEC. 5. The Election Board shall examine the dues records list to be supplied by the Secretary-Treasurer of all members before permitting ballots to be mailed.
SEC. 6. After an election has been held and the report of the Election Board has been rendered, all election
records shall be turned over the Secretary-Treasurer for safekeeping among the records of the Union for not less
than one year. The election records cannot be opened unless authorized by the Union. 
SEC. 7. A recount may be ordered upon presentation to the Executive Board of a petition signed by one hundred members of the Union in good standing. The petition must be presented to the Executive Board within fourteen days after the election, and this petition shall enumerate the reasons why such one hundred members believe a recount should be held. If the Executive Board rules that a recount should be held it should proceed to appoint a Recount Committee of disinterested members of the Union to conduct the recount. If the Executive Board denies the petition, it shall make a report of its ruling to the next regular membership meeting. It shall require a majority vote of those present to reverse the Executive Board's decision. Upon receipt of a recount petition the President shall call a Special Meeting of the Executive Board to consider such petition.
The installation of all newly elected officers, trustees, and Executive Board members shall not be held until a final disposition has been made on the petition for a recount and/or actual recount.
If the membership meeting reverses the Executive Board's decision, the matter shall revert to the Executive Board and it will appoint a Recount Committee. No candidate elected or defeated shall be eligible for membership on the Recount Committee, but any candidate shall be permitted to attend all meetings of the Recount Committee as an observer. The Committee shall report its findings to the membership at a regular or special meeting. If the report of the Committee declares that its tabulation shows that a defeated candidate has actually been the recipient of the greatest number of votes cast for that office, and if the Committee's report is accepted by a plurality of the members present at the meeting, the candidate actually receiving the greatest number of votes shall be declared elected.
SEC. 8. In the event of a contest for one or more offices the Election Board shall conduct an election for those contested offices.
In the absence of a contest for any office the Chair shall cast one vote and declare all nominees for uncontested offices elected.

ARTICLE XI
Election Offenses 

Any member found guilty by the Trial Board of tampering with ballots, illegal voting, committing fraud, violence, coercion, or other conduct not included in the foregoing, which in any manner interferes with a member's right of franchise, shall be subject to reprimand, suspension, or expulsion by the Trial Board.

ARTICLE XII
Dues, Finances

SEC. 1. Effective January 1, 2002 the regular dues of the membership of the Union shall be $7.38 per week ($32.00 per month.)
Effective January 1, 2002 dues of members of the Sales Division and all full-time elected or appointed paid officers of the Union shall be $7.61 per week ($33.00 per month.)
Effective January 1, 2002 the dues of members of the Hotel Division shall be $ 11.50 per week ($49.83 per month.)
Dues shall be payable before the end of the month in which they are due.

SEC. l(a) There shall be created a Defense Fund which Fund shall consist of $1.75 of dues payments effective with the month of January 2002 for all members and said Fund shall be used for the following purposes: to provide strike benefits and to pay expenses in connection with strikes, raids on the jurisdiction of our Union by other organizations and any other activity which the Union engages in to combat attacks against the progress and the existence of the Union; and any other expenses deemed appropriate by the Executive Board. No expenditure can be made from this Fund without prior authorization by the Executive Board either at regular meetings or special meetings called for that purpose. Such action shall be subject to the approval of the membership at the next regular meeting of the Union. For those members in the hotel division strike benefit payments shall be inclusive of any monies received as a strike benefit from the Hotel Trades Council.
Upon the death of a member in good standing who has timely paid the appropriate monthly dues for a period of at least twelve (12) months within the fourteen (14) month period immediately preceding death, (exclusive of the month of death), the Local Union shall pay a death benefit from the Defense Fund to the beneficiary or beneficiaries designated by the deceased member and according to rules promulgated and in an amount determined by the Executive Board. Excluded from participation in this death benefit are all members receiving a pension or retirement benefit at the time of death, unless such employees previously served as officers of the Local Union or were employed a full time employees of the Local Union.
(b) All members in good standing with twelve (12) months or more of membership shall be eligible for a Supplementary Disability or Workers' Compensation benefit in an amount determined by the Executive Board and payable from the Local 153 Defense Fund. Such payment shall be limited to one payment per year. A period of Disability or Workers' Compensation extending from one year to another shall be considered as one.
To be eligible a member must be in good standing and current with the payment of dues during the period of Disability or Workers' Compensation.
(c) Notwithstanding the foregoing, the Executive Board shall set membership benefits for Hotel members at a different level than provided in SEC. 1 (a) and 1 (b) herein with a corresponding transfer of dues payments from the General Fund to the Defense Fund of $4.75 per month effective July 1, 2002, for all Hotel members.
SEC. 2. Effective January 1, 1988, the initiation fee for applicants for membership, except for members in the hotel division, shall be $60.00 if employed at a weekly wage up to $299; $80 if employed at a weekly wage up to $399; and $100 if employed at a weekly wage of $400 or more. The initiation fee for members in the hotel division shall be as determined by the Hotel Trades Council.
(a) Temporary and part-time employees are to pay an initiation fee of one-half the regular fee, and dues at the regular rate, except those temporary or part-time employees who are approved by the Union for one-half dues rate. In the event that a temporary or part-time employee becomes a permanent full-time employee, the balance of the initiation fee is to be paid.
(b) Any former member of a union affiliated with the AFL-CIO not under the jurisdiction of this International Union who accepts employment under the jurisdiction of the Union may elect (providing the applicant's former union has a reciprocal plan of accepting Withdrawal Cards from Local Unions of the International Union in lieu of an
initiation fee) upon application for membership and irrevocable surrender of an Honorable Withdrawal Card or evidence of honorable termination of membership in those instances where unions do not issue Withdrawal Cards, may upon payment of the current month's dues in advance, if accepted in this Union, be inducted into this Union without the payment of any initiation fee (the Secretary-Treasurer of this Union to forward such evidence to the International Secretary-Treasurer in lieu of initiation fee on such applicant), provided further, that
(c) When in the judgment of the President of the International Union, it shall be deemed to be in the best interest of the International Union to waive initiation or reinstatement fees in whole or in part in connection with any particular organizational campaign, the President of the International Union shall be empowered to waive such fees if this Union shall so request; and provided further, that
(d) The Executive Board may, upon the recommendation of the Business Manager, reduce the initiation fees to not less then $2.00 when the Executive Board feels that such reduction would be in the best interests of the Union.
SEC. 3. All applicants for membership shall be required to pay all initiation fees and reinstatement fees owed by such member, before good standing is established or reinstated. An initiation fee payment schedule shall be approved by the Secretary-Treasurer.
SEC. 4. Any member who is more than two months in arrears in dues shall be classified as a "suspended" member, and not in good standing. Such suspended member must pay a reinstatement fee of $2.50, together with all dues up to and including the current month before regaining good standing in the Union.
SEC. 5. All proposals for increases of dues and initiation fees must be presented to the Executive Board. If the Executive Board approves of such increase of dues or initiation fees, the motion shall be incorporated in its Minutes, to be read to the next membership meeting. There can be no vote or discussion on the subject of the dues or initiation fee increase at that meeting, but it shall be held over until the succeeding membership meeting. The meeting notices for the succeeding meeting shall contain a statement informing the membership of the nature of the proposal and that a vote will be taken at that membership meeting. A majority vote by secret ballot, shall be sufficient to constitute acceptance or rejection of the proposed dues or initiation fee increase.
SEC. 6. No initiation fee shall be required by any local union or by the International Union, of any person involuntarily inducted into the armed services of the United States or Canada or entering such services during emergency periods as determined by the Executive Board, if any such person applies for membership within a period of one (1) year after discharge provided the individual has other than a dishonorable discharge and provided same is initial employment following such service.

ARTICLE XIII 
Use of Funds

SEC. 1. The funds of the Union are for the legitimate expenses required in its conduct and maintenance, and shall not be diverted from these objectives to any other purpose. No member of this Union shall, under any circumstances, receive any loan, gift or donation from it.
SEC. 2. The General Fund shall be used for the payment of expenses incurred by this Union, and as a depository for its monies.
Sec. 3. All disbursements shall be made by checks drawn on the General Fund, and shall be signed by either the President or Vice-President of the Union and the Secretary-Treasurer.
SEC. 4. The fiscal year of this Union shall be the twelve-month period ending with the last day of the month of December of each year.
SEC. 5. The initiation fees, reinstatement fees and other obligations owed by this Union to the International Union shall constitute a preferred claim and must be paid promptly by this Union each month prior to the payment of any other obligation of this Union.


ARTICLE XIV
Auditing of Books


SEC. 1. The Trustees shall examine all vouchers which are to be attached to every check issued by the Union, and shall periodically (at least quarterly and at the end of each fiscal year) audit all books, vouchers and other financial records of the Union, and shall report each such audit to the Union and to the Secretary-Treasurer of the International Union.
SEC. 2. The Auditor shall prepare a report of audit and submit same to the Executive Board. Following the submission of the Auditor's report to the Executive Board, the same shall be read at the next regular membership meeting and shall be posted on the Bulletin Board in the office of the Union for the ensuring two weeks.

ARTICLE XV
Offenses and Penalties


SEC. 1. In any case involving disciplinary action there shall be no resort to a court of law until such relief within the Local Union under its Constitution and By-Laws, and within the International Union under its Constitution, has been exhausted.
SEC. 2. Any member may be penalized for committing any one or more of the following offenses:
(a) Resorting to or advocating or urging that any member of the Union commence legal action against the
Union or any of its officers without first exhausting all the remedies provided for by this Constitution and By-Laws
or the International:
(b) Publicizing or giving information about Union affairs to persons not entitled to such information;
(c) Working for an Employer against whom the Union has declared a strike or whom the Union has declared to be unfair unless permission has been granted by proper officers of the Union;
(d) Entering the employ of any Employer who is under a collective bargaining agreement with the Union without first obtaining a Work Permit from the office of the Union;
(e) Working for less than the rate of pay provided for by the contract with the Union;

(f) Permitting any other person to use or work on member's book;
(g) Failure to appear before the Executive Board or the Trial Board when ordered to do so;
(h) Obtaining membership through fraudulent means, or by misrepresentation;
(i) Violation of the oath of membership, or of office, if an officer;
(j) Working in the interests of any organization or dual union opposed to the interests of this Union;
(k) Being present or entering a meeting of the members of the Executive Board while intoxicated, or disturbing the peace of any such meeting by creating or participating in disturbances, or of similar conduct in and about the headquarters of the Union;
(1) Causing or participating in a stoppage of work because of any alleged grievance or dispute without the authorization of the Union or its proper officers;
(m) Any acts of misconduct which are detrimental to the best interests of the Union, or of conduct unbecoming a member of the Union; or of violation of any of the provisions of the Constitution and By-Laws of this Union or of the Constitution of the International Union.
SEC. 3. Any member who has been found guilty of any of the above offenses or for violation of the International Constitution by the Trial Board may be reprimanded, suspended, or expelled by action of the Trial Board.


ARTICLE XVI
Trial Board Procedure


SEC. 1. Charges may be brought in writing by any officer or member of the Local Union or of the International Union by filing same with the Secretary-Treasurer of the Local Union. The Secretary-Treasurer of the Local Union shall immediately thereafter serve a copy of such charges upon the accused and at the same time notify the accused of the time and place of trial or hearing upon such charges. Trial shall be held before the Executive Board of the Local Union and any representative designated by it in the manner set forth below. If any officer or member of the Executive Board is directly concerned with any charges against the member, the President of the Union may declare such officer or Executive Board member ineligible to serve as a member of the Trial Board.
(a) The charging party or a representative of the party shall first present evidence of the charged violation and upon completion of such evidence, the accused shall have an opportunity to fully present his or her evidence, including witnesses, documents, statements or defenses. Any accused member shall have the right to be represented in defense by any other member of the Local Union and shall have the further right of advice and consultation of legal counsel, if desired, but no attorney-at-law shall be entitled to be present in any such proceeding. Stenographic minutes shall be taken at the trial.
(b) At the close of the evidence, the Executive Board shall decide by a majority vote whether or not a violation has been found and shall affix such penalties as the Executive Board deems reasonable and proper. Where the penalty for any violation is expulsion from membership, such penalty may be appealed to the next regular meeting of the Local Union, where a two-third (2/3) vote of those members present and voting shall be necessary to sustain such expulsion.
(c) Any decision of the Local Union Executive Board, including any expulsion which must later be approved or rejected by the membership, may be appealed by the aggrieved party to the International Union Executive Board at its next meeting. Such appeal must be filed in writing with the International Secretary-Treasurer within twenty (20) days after any final decision of the Local Union Executive Board (or vote of the membership in cases of expulsion) and must state the basis of such appeal with reasons why the decision of the Local Union Executive Board or Membership, should be reversed or set aside.
(d) Upon receipt of any such appeal, the International Secretary-Treasurer shall notify the Local Union Executive Board and provide copies of appeal papers to it. The Local Union Executive Board, or any party affected by such decision, shall have a right to state reasons in writing within twenty (20) days after receipt of a copy of appeal papers why such decision shall be upheld by the International Executive Board. The International Union Executive Board shall dispose of such appeal upon the record and documents before it by majority vote and shall have the authority to affirm, set aside, or modify the decision of the Local Union in any manner considered reasonable and proper.
(e) Within thirty (30) days after receipt of any decision of the International Union Executive Board, any aggrieved party may file an appeal to the next regular Convention of the International Union by filing a notice of appeal in writing with the International Secretary-Treasurer. Any such appellant shall have the right to appear before any appeals committee that may be set up by the Convention but not before the Convention itself, except with
the Convention's consent. In any case, there shall be no resort to a court of law until all relief within the International Union under its Constitution has been exhausted.
(f) In the event a defendant does not appear for trial, the trial shall proceed upon proof that sufficient notice of the time and place set for the trial was given to the defendant. The defendant shall be notified of the verdict.


ARTICLE XVII
Applicants

SEC. 1. All applicants for membership must sign the obligation contained in the application form and answer truthfully all questions contained in said form.
SEC. 2. No applicant shall be barred from membership in the Union because of age, race, color, creed or
gender. "!
SEC. 3. All applicants shall take the following oath:
"I, pledge my honor before these witnesses to faithfully comply with the Constitution and By-Laws, and all Amendments thereto, of the Office & Professional Employees International Union, Local 153, and of the International Union."


ARTICLE XVIII
Procedure at Meetings


SEC. 1. The President of the Union shall act as Chairperson at all regular and special meetings of the membership and Executive Board. Except as otherwise provided in this Constitution and By-Laws, Robert's Rules of Order Revised shall apply at all meetings of this Union.
SEC. 2. It is provided further that any member requesting the floor from the Chair shall make that request by stating his or her name and place of employment.


ARTICLE XIX
Removal of Officials


SEC. 1. All officers, trustees, Executive Board members, and all members of all standing committees are deemed "officials" within the purview of this Article.
SEC. 2. Any official who has been found guilty of any of the following offenses shall be removed from office, and in addition may be reprimanded, suspended, or expelled, and may, if not expelled from membership be forever barred from holding any office in the Union:
(a) Dishonesty in the conduct of office, fraud, corruption, accepting any bribes or intimidation of any members;
(b) Abuse of office or gross negligence in the conduct of office;
(c) Conduct unbecoming an official of this Union;
(d) Holding membership or working in the interests of any Communist, Fascists or Nazi organization, or of any union inimicable to the best interests of this Union or of the AFL-CIO.
SEC. 3. No impeachment proceedings may be entertained unless there has been a petition filed with the Executive Board signed by no less than 10% of the membership in good standing. The petition shall state the specific offense with which the official is charged, as well as a brief statement sufficient to apprise the signatories of the nature of the charge being proffered.
SEC. 4. The Executive Board shall act as the Trial Board in all proceedings under this Article. Any official under charges by virtue of an impeachment petition shall be automatically barred from acting as a member of the Trial Board.
SEC. 5. The Trial Board shall follow the same procedure as provided for in Article XVI of this Constitution in any impeachment proceeding.
SEC. 6. Any official found guilty of violating any provision of this Article shall have the right to appeal to the International Executive Board at its next meeting. Pending any decision of such appeal, the determination of the Trial Board shall be final unless its decision is reversed in the manner provided for in Article XVI of this Constitution and By-Laws.


ARTICLE XX
Withdrawal and Transfer Cards

SEC. 1. Any member of the Union leaving the jurisdiction of this Union or the International Union may apply to the Executive Board for a Withdrawal or Transfer Card. However, no Withdrawal Card or Transfer Card can be issued unless the member has paid dues up to and including the month during which the Withdrawal or Transfer Card is requested; and provided further, that such member is in good standing with all obligations to this Union and the International Union;
(a) A Withdrawal Card shall be issued by this Union to any member requesting same who is leaving the jurisdiction of the International Union.
(b) A Transfer Card shall be issued by this Union to any member requesting same who is leaving the territorial jurisdiction of this Union but who intends to continue working within the trade under the jurisdiction of the International Union, and can be issued whether or not such member enters the territorial jurisdiction of another Local Union of the International Union. No Transfer Card shall be effective for a period greater than ninety days.
SEC. 2. Upon deposit of a Withdrawal or Transfer Card, eligibility to vote in an election or to run for office shall be the same as provided for in Article V governing the rights and privileges of members.
SEC. 3. Any person bearing a Withdrawal Card or Transfer Card shall not be entitled to participate in the operation of this Union. A person bearing a Withdrawal or Transfer Card who has complied with the conditions of same, shall, upon resuming and commencing work within the jurisdiction of this Union, deposit such card and shall be admitted to membership in the Union without the payment of any initiation or transfer fee.
SEC. 4. Withdrawal and Transfer Cards shall be issued by the Secretary-Treasurer of this Union, and monthly reports of all such cards issued, deposited or cancelled shall be made to the Secretary-Treasurer of the International Union.
SEC. 5. All Withdrawal and Transfer Cards shall be secured by this Union from the Secretary-Treasurer of the International Union.

ARTICLE XXI
Strikes

In the event of a dispute between any members of this Union and a particular employer, or employers, this Union shall not call a strike against such employer, or employers, unless a majority of the members of this Union employed by such employer, or employers, present at a called meeting of which all such members have been notified, so request by secret ballot; provided further, that a majority of this Union present at a meeting of which all members have been notified and called for the purpose of discussing the proposed strike shall have voted by secret ballot to conduct such a strike, but provided that this union may, by secret ballot at a meeting duly called for such purpose, confer blanket or other authority upon its Executive Board to call any or all strikes; and provided finally, that approval of the President of the International Union shall be obtained.


ARTICLE XXII
Vacancies in Office

Except as otherwise provided in Article VII, Sec. 3, in the event any vacancy is created by the resignation, removal, or death of an official of the Union, the Executive Board shall be empowered to appoint a successor to fill the balance of the unexpired term, and such appointee shall hold office until the next regular election for that office.


ARTICLE XXIII
Salaries of Officials

The Executive Board, subject to the approval of the membership, shall determine compensation for all officials of the Union.


ARTICLE XXIV
Appeals

Every member of this Local Union shall have the right to appeal to the Business Manager from a decision of a Business Representative or Hotel Representative which denied a complaint or a grievance by said member. In the event the aggrieved member is not satisfied with the decision of the Business Manager, such member may appeal to the Executive Board of the Union. If the aggrieved member does not agree with the decision of the Executive Board, such member may appeal to the general membership at its next regular meeting. No member may resort to legal action until the appellate procedure provided for herein has been completed.

ARTICLE XXV
International Constitution

The Constitution of the International Union shall be the paramount law applying to the government of this Union, and all provisions of said International Union Constitution insofar as the same are or may be applicable to the affairs and activities of this Union are hereby, by reference thereto, incorporated into and made a part of this Constitution and By-Laws, and any provision contained herein which is contrary to or in conflict with the provisions of the International Union Constitution shall be inoperative and of no effect.


ARTICLE XXVI
Amendments

SEC. 1. A proposed amendment to this constitution may be introduced by the Executive Board, or by a petition containing the proposed amendment which has been signed by at least ten members in good standing. Such petition must be presented to the Executive Board before it can be considered by the body.
SEC. 2. The Executive Board shall include the proposed amendment in its Minutes to be read at the next membership meeting. There can be no vote or discussion on the subject of the amendment at that meeting, but it shall be held over until the succeeding membership meeting.
SEC. 3. The meeting notice for the succeeding meeting shall contain a statement informing the members of the nature of the proposed amendment and that a vote will be taken at said meeting. A vote of the majority of the members voting shall be sufficient to constitute acceptance or rejection of the proposed amendment to this Constitution and By-Laws.
SEC. 4. No amendment to this Constitution and By-Laws shall take effect until the approval of the President of the International Union has been secured.

As amended September 15, 1987, January 19, 1988, September 27, 1988, May 16, 1989, May 19, 1992, May 22, 1996, May 20, 1997 and November 13, 2001

 



[ Home ] [ HEARD HOME ] [ News Plus ] [ OUR HOTELS ] [ What's New ] [ Contracts ] [ Your Rights ] [ By-Laws ] [ Forum ] [ Delegate Help ] [ Articles ] [ Members Only ] [ Interact ] [ Contact Us ] [ Links ] [ Search ] [ Site Map ] [ Photos ] [ Books ]