Constitution and Bylaws
Hotel and Allied Services Union, Local 758
Service Employees International Union
AFL-CIO, CLC
ARTICLE I
This organization shall be know as the Hotel and
Allied Services Union, Local 758 of the Service
Employees International Union, AFL-CIO, CLC.
ARTICLE II
Jurisdiction and Object
Section 1. This Local Union shall have
jurisdiction as granted and approved from time to
time by the International Union in accordance with
the International Constitution and Bylaws. This
Local Union has been chartered by the International
Union as the successor to all jurisdictional and
collective bargaining rights of the Hotel Division
of Local 144, SEIU, AFL-CIO.
Section 2. The object of this Local Union shall be
to develop a close union and more complete
organization of all wage earners under its
jurisdiction, and to assist its members in obtaining
adequate compensation for their labor and the
general improvement of the conditions under which
they work. It shall be the object and duty of this
Local Union to organize its jurisdiction completely
and fully. This Local Union shall, as an affiliate
of the International Union, carry out all of the
objects and purposes of the International Union.
Article III
Membership
Section 1. Any person employed within the trade
or jurisdiction of this Local Union shall be
eligible to be considered for membership. Employment
within the trade or jurisdiction of this Local Union
shall mean employment within a bargaining unit of
which this Local Union is or claims or seeks to be
the certified or recognized bargaining
representative or employment with this Local Union
itself.
Section 2. This Local Union can with the approval of
the International Union establish different
categories of membership and rates of dues for
persons represented and not represented by this
Local Union for collective bargaining purposes
including life members, retired members and
associate members.
Section 3. There shall be no discrimination against
any member, or any applicant for membership by
reason of race, creed, color, religion, sex, sexual
orientation, national origin, ancestry, or age, or
disability.
Section 4. Newly elected members before being
admitted to membership shall subscribe to the
Membership Obligation set forth in the International
Constitution and Bylaws.
Section 5. All persons who are members of the Hotel
Division of Local 144, SEIU, AFL-CIO in May 1998
shall be admitted to membership in this Local Union
without the necessity of any other action or status.
The initiation fee shall be waived for all such
members to the extent consistent with this Local
Union's legal and contractual obligations.
Section 6. This Local Union shall consist of three
(3) divisions: The Hotel Trades Council Division
shall include all members who are part of a
bargaining unit represented by the New York Hotel
and Motel Trades Council, except for those members
included in the Checkroom Division. The Checkroom
Division shall include all members who are
represented by the New York Hotel and Motel Trades
Council as checkroom or washroom attendants and are
not otherwise part of a bargaining unit represented
by the New York Hotel and Motel Trades Council.
Division A shall include all members who are not
included in either of the other divisions. Members
who are not employed in a bargaining unit
represented by this Local Union shall be included in
the division covering their last employment in such
a bargaining unit.
Section 7. Every member, by virtue of his or her
membership in this Local Union is obligated to
adhere to and follow the terms of the International
Constitution and Bylaws, this Local Constitution and
Bylaws, and the working rules promulgated in
accordance with this Constitution and Bylaws, with
respect to the rights, duties, privileges and
immunities conferred by them and by statute. Each
member shall faithfully carry out such duties and
obligations and shall not interfere with the rights
of fellow members.
Section 8. Every member, by virtue of his or her
membership in this Local Union, authorizes this
Local Union to act as his or her exclusive
bargaining representative with full and exclusive
power to execute agreements with his or her employer
governing terms and conditions of employment and to
act for him or her and have final authority in
presenting, processing, and adjusting any grievance,
difficulty, or dispute arising under any collective
bargaining agreement or out of his or her employment
with such employer, in such manner as this Local
Union or its officers deem to be in the best
interests of this Local Union. This Local Union and
its officers, business representatives, and agents
may decline to process any such grievance,
complaint, difficulty, or dispute, if in their
discretion and judgment such grievance, complaint,
or dispute lacks merit.
Section 9. No member shall interfere with the
elected officers or business representatives or
business agents of this organization in the
performance of their duties, and each member shall,
when requested, render such assistance and support
in the performance of such duties as may be required
of him or her, provided that this does not interfere
with his or her individual rights as a member. Each
member shall adhere to the terms and conditions of
pertinent collective bargaining agreements and shall
refrain from any conduct that would interfere with
the performance by this Local Union of its legal or
contractual obligations.
Section 10. No member shall engage in dual unionism
or espouse dual unionism or disaffiliation in the
course of any meeting, or slander or libel this
Local Union, its members, or its officers, or be a
party to any activity to secure the disestablishment
of this Local Union as the collective bargaining
agent for any employee. No member shall be
permitted, at any assembly or meeting of other
members to engage in any of the conduct described in
this section.
Article IV
Officers, Trustees and
Delegates
Section 1. The officers of this Local Union shall
consist of a President, Vice President,
Secretary-Treasurer, Recording Secretary, and the
four elected members of the Executive Board. In
addition to the officers, there shall be four
Trustees.
Section 2. For each shop represented by this Local
Union in which there are employed fifty (50) or
fewer members, there shall be one (1) shop delegate
and one (1) alternate delegate. For shops in which
there are employed more than fifty (50) members,
there shall be one (1) additional shop delegate and
one (1) additional alternate delegate for every
additional fifty (50) members or major fraction
thereof. General elections for such shop delegates
and alternates shall be held as provided in Section
17 of this Article. In addition, the Executive Board
may appoint additional delegates and/or alternate
delegates from among the members employed hi the
shop.
Section 3. Subsequent to the initial elections for
officers and trustees, general elections for
officers, trustees and delegates shall be held every
three years. The officers and trustees shall be
nominated at the general membership meeting in the
November preceding the expiration of their terms,
and shall be elected at the next general membership
meeting in December. The term of office of the newly
elected officers and trustees shall begin with their
installation at the general membership meeting in
January, at which time there shall be administered
the Installation Obligation set forth in the
International Constitution and Bylaws. The term of
office for the officers and trustees elected in the
general elections shall be three years and the
officers and trustees elected and qualified shall
hold office until their successors are duly elected
and installed.
Section 4. Two of the four elected Executive Board
positions shall be designated Executive Board -
Hotel Trades Council Division. One of the four
elected Executive Board positions shall be
designated Executive Board - Checkroom Division. One
of the four elected Executive Board positions shall
be designated Executive Board - Division A. No
person may be eligible for nomination or election to
any of the four elected Executive Board positions
unless he or she is a member of the division named
in the designation of the position.
Section 5. All members in good standing of this
Local Union shall be eligible to nominate and vote
for candidates in elections for officers and
trustees in this Local Union, including the
positions described above in Sections 3 and 4,
subject to the limitations set forth in this
Constitution and Bylaws.
Section 6. No person shall be eligible for
nomination or election as an officer, trustee, shop
delegate or to any other office in this Local Union,
unless he or she has been a member in continuous
good standing in this Local Union for at least two
years immediately preceding the nomination and has
during all of that time paid the full dues required
for working members of this Local Union within each
month when due. The International President may
waive the requirements of this section hi his or her
discretion for good cause shown.
Payment of reduced dues during seasonal closures and
similar periods pursuant to Article VI, Section 3,
and credit for dues payments pursuant to Article VI,
Section 4, shall be deemed payment of full dues
required for working members for purposes of this
Section. Membership in good standing in the Hotel
Division of Local 144, SEIU, AFL-CIO, for periods
prior to June 1,1998 shall be treated as membership
in good standing in this Local Union for purposes of
this Article.
Section 7. Retired members, life members and
associate members paying less than the full dues
required for working members of this Local Union
shall not be eligible for nomination or election as
an officer, trustee, shop delegate, or any other
office in this Local Union, nor shall they be
eligible to nominate or vote for candidates in such
elections.
Section 8. No person who has been convicted of a
felony as defined in Section 504 of the
Landrum-Griffin Act shall in accordance with the
provisions of applicable law be eligible for
nomination under the terms of this section.
Section 9. No candidate (including a prospective
candidate) for any office in this Local Union or
affiliated body or supporter of a candidate may
solicit or accept financial support or any other
direct or indirect support of any kind from any
nonmember of the International Union.
Section 10. All nominations for offices of this
Local Union shall be made in open meeting and
elections shall be by secret ballot when required by
the provisions of applicable law. Write-in
candidates and proxy voting shall not be permitted.
Section 11. The election shall be decided for the
candidate receiving the most votes.
Section 12. Before a vote is taken, it shall be the
duty of the President to appoint tellers to collect
and count the ballots in the presence of the members
of this Local Union, and the President shall
announce the results of the ballot.
Section 13. In the event of a vacancy in any elected
position, by reason of death, resignation or
otherwise, no later than thirty (30) days after the
occurrence of the vacancy the Executive Board shall
meet and designate a member to fill the vacancy for
the balance of the term. No person shall be
designated pursuant to this section who would not be
eligible for nomination to the position if an
election were being held.
Section 14. All officers and employees handling any
money of this Local Union shall be bonded in the
amounts and the form required by applicable
statutes, said bond or bonds to be procured
immediately upon assuming office or employment, the
premiums to be paid for by this Local Union. The
International Secretary-Treasurer of the
International Union may direct the increase or
decrease in the amount of the bonding of any Local
Union not required by statute to obtain a bond.
Section 15. The President, Vice-President,
Secretary-Treasurer, and Recording Secretary of this
Local Union, together with the four elected members
of the Executive Board, shall constitute the Local
Executive Board.
Section 16. All the officers of this Local Union
elected in conformity with applicable statutes shall
by virtue of such election be considered to be
eligible delegates to any International,
intermediate body or conference convention which may
take place during their term of office. If at the
time of the receipt of the convention call it shall
appear that such number of elected officers is less
than the number of delegates to which this Local
Union will be entitled at an International
convention, then arrangements shall be made for
nomination and secret ballot election, if required,
of an additional number of eligible members as
convention delegates. Nominees for such position, if
unopposed, shall be deemed elected without necessity
for further procedures. If the total number of
elected officers is greater than the number which
this Local Union is permitted to send to the
convention, then the officers shall attend as
delegates in the order listed hi Section 1 hereof,
with the four elected Executive Board members to be
listed in descending order based on the number of
votes each received in the last election. However,
if any of the four Executive Board members run
unopposed, all of them shall be listed hi accordance
with length of membership in this Local Union. The
President of this Local Union shall determine the
number of delegates and alternates which shall
represent it at the convention, subject to the
approval of the Executive Board.
Section 17. General elections for shop delegates and
alternate delegates shall be held at a meeting of
the members employed in the shop. Such meetings
shall be held in the same year as general elections
for officers and trustees, during the six (6) months
preceding the month hi which the general membership
meeting for nominations of officers and trustees is
to be held, and shall be presided over by an officer
of this Local Union. Nominations and voting shall
take place at the same meeting. No person shall be
eligible for nomination or election as a shop
delegate or alternate delegate who is not employed
in the represented shop.
ARTICLE V
Duties of Officers, Trustees and Shop Delegates
President
Section 1. The President shall have general
supervision and direction over the affairs of this
Local Union and over the organizing activities of
this Local Union. It shall be the duty of the
President to preside at all meetings of this Local
Union and its Executive Board and conduct same hi
accordance with the parliamentary rules and in
conformity with this Constitution and Bylaws and the
International Constitution and Bylaws; to execute
the laws and orders thereof; to vote on all
questions whenever his or her vote will affect the
result; to decide questions of order; and to appoint
all committees, unless otherwise provided for, of
which committees he or she shall be ex-officio a
member. The President shall have full power and
authority to sign all contracts and agreements or
any other documents for or hi behalf of this Local
Union; to negotiate and enter into collective
bargaining agreements; to authorize expenditures,
subject to the approval of the executive Board for
expenditures in amounts of one thousand dollars
($1,000.00) or more; and to employ necessary staff
and retain counsel, accountants and other
professional personnel as he or she may deem
necessary, and to fix their compensation, subject to
the approval of the Executive Board. All power and
authority of the President shall be subject to the
requirements and limitations of this Constitution
and Bylaws.
Vice-President
Section 2. The Vice-President shall preside at
meetings when called upon by the President and in
the President's temporary absence; assist the President when called upon in preserving
order and appoint two sergeants-at-arms from among
the members present at a meeting; and perform the
duties of the President at times when the President
is temporarily unable to discharge his or her dudes.
The Vice-President shall also perform such
additional duties as may be assigned by the
President.
Recording Secretary
Section 3. It shall be the duty of the Recording
Secretary to keep a correct and impartial account of
the proceedings of each meeting of this Local Union
and Executive Board. The Recording Secretary shall
furnish the chairperson of each committee a copy of
such resolutions as may be adopted by this Local
Union, applicable to its respective duties. The
Recording Secretary shall notify the International
Union of the names and addresses (with zip code) of
all officers and trustees elected to office within
fifteen (15) days after the election. The Recording
Secretary shall, on behalf of this Local Union,
receive all official communications and
correspondence except that addressed to the
Secretary-Treasurer. The Recording Secretary shall
also perform such additional duties as may be
assigned by the President
Secretary-Treasurer
Section 4. The Secretary-Treasurer shall be
responsible for all financial records and
transactions. .The Secretary-Treasurer shall collect
all dues and other revenues of this Local Union and
issue official receipts of same, and notify all
suspended members two (2) months in the arrears of
the amount of their indebtedness.
It shall be the duty of the Secretary-Treasurer to
receive all moneys paid to this Local Union, giving
a receipt for same, announcing receipts and
disbursements at each meeting; he or she shall
deposit all moneys in a bank recommended by the
Executive Board; keep a correct record of all dues
payments and all other money received and expended;
submit financial statements quarterly at the
membership meetings of this Local Union; and pay all
bills ordered by the Union when signed by the
President He or she shall not hold more than five
hundred dollars ($500.00) in his or her possession
to meet the immediate demands of this Local Union.
The Secretary-Treasurer shall submit his or her
books and receipts to the Trustees for their audit
and approval when called upon to do so, and at the
expiration of his or her official term of office
shall turn over to his or her successor all moneys
and property of this Local Union that may be in his
or her possession.
All funds shall be deposited in a bank in the name
of this Local Union. All checks drawn on accounts of
this Local Union shall be signed by the President
and the Secretary-Treasurer.
The Secretary-Treasurer shall keep all membership
records and application cards, and a record of all
members admitted by initiation or otherwise, as well
as rejections and suspended or expelled members. The
Secretary-Treasurer shall send to the International
Union an accurate record of all dues payments and
other revenue and he or she shall forward to the
International Secretary-Treasurer of the
International Union the correct names and addresses
and Social Security or social insurance numbers of
all members initiated or readmitted, and of all
other persons from whom revenue is derived, as well
as those suspended for nonpayment of dues or for any
other cause; also a correct list of those who are
issued transfer or withdrawal cards. The proper zip
code shall be included for each address.
The Secretary-Treasurer shall promptly forward to
the International Secretary-Treasurer copies of all
annual audit reports and copies of all financial
reports setting forth a statement of assets and
liabilities and a statement of receipts and
disbursements which are required by law.
The
Secretary-Treasurer shall also perform such
additional duties as may be assigned by the
President
In the event of a vacancy in the office of the
President, by reason of death, resignation or
otherwise, the Secretary-Treasurer shall perform the
duties of the President until such vacancy is filled
as provided for by this Constitution and Bylaws.
During any period in which the Secretary-Treasurer
performs the duties of the President pursuant to
this paragraph, all checks drawn on an account of
this Local Union shall be signed by the
Secretary-Treasurer and the Vice President, or, if
the office of the Vice President is vacant, by the
Secretary-Treasurer and the Recording Secretary.
Trustees
Section 5. It shall be the duty of the Trustees
to examine and audit the books of this Local Union
and at least annually to take an inventory of and
verify the securities, investments, bank accounts,
and cash funds then on hand. They shall see that the
funds of this Local Union are deposited in one or
more reliable banks. It shall be their duty to
recommend such measures as will simplify the duties
of the Secretary-Treasurer and safeguard the funds
of this Local Union. They shall perform such other
duties as may be assigned to them from time-to-time
by the President or the Executive Board. Where one
of the Trustees is unable to act because of illness,
absence or otherwise, the remaining two trustees may
carry out the duties imposed by this Article.
Local Executive Board
Section 6. The Executive Board shall enforce the
laws of the International Union, the Local laws, the
instructions of this Local Union and its own
decisions. It shall report upon all matters which in
its judgment require consideration by the membership
or which may have been committed to it by the
membership.
The Executive Board shall have power, subject to the
provisions of this Constitution and Bylaws, to
appoint subcommittees from its own membership, and
to pass upon and approve applications for membership
and reinstatement to membership in this Local Union.
The Executive Board shall have the power to receive
and hear complaints filed against any member or
members (including determination of election
protests), act as the trial body, pursuant to
procedures hereinafter set forth, in the trial of
accused members, and to submit to the membership its
findings and recommendations after said trial. When
a member of the Executive Board is an interested
party or a witness to any such proceeding, he or she
shall be automatically disqualified from sitting as
a member of the Board.
The Executive Board shall meet at least once a
month, at a time, date and place as it may decide.
Special meetings of the Executive Board may be
called by the President Whenever a majority of the
Executive Board requests the President to call a
meeting thereof, it shall be mandatory upon him or
her to do so. A majority of the Executive Board
shall constitute a quorum. The decisions of the
Executive Board shall be decided by a majority vote
of those members present.
Shop Delegates
Section 7. Shop delegates and alternate delegates
shall have the duty to uphold the International
Constitution and Bylaws and this Constitution and
Bylaws, to attend membership meetings, shop
meetings, and other meetings at which their
attendance is required or desirable, to faithfully
enforce and implement the provisions of the
collective bargaining agreement in their shops, and
to represent members at grievance meetings in good
faith. They must at all times act responsibly and in
the best interest of this Local Union and its
members and to refrain from any acts detrimental to
the good and welfare of its members. Alternate
delegates shall serve only in the absence of the
delegate from the shop and shall, at all times,
coordinate their actions on behalf of the union with
those of the shop delegates.
Special delegates' meetings may be called from time
to time by the President or the Executive Board.
Any shop delegate or alternate delegate may be
removed from his or her position by a petition
signed by two-thirds (2/3) of the members employed
in the represented shop. This provision shall not
preclude the removal of a delegate by another
procedure under this Constitution and Bylaws or the
International Constitution and Bylaws.
ARTICLE VI
Initiation Fees, Dues & Assessments
Section 1. The revenues of this Local Union shall
be derived from initiation fees, dues, assessments,
agency shop or service or fair share fees, fines and
such other sources as may be approved by the
Executive Board.
Section 2. The initiation fee shall be two hundred
dollars ($200.00), half of which is to be allocated
to a strike or defense fund. The fee shall be paid
in installments of twenty dollars ($20.00) over a
ten-week period, unless the member chooses to pay hi
full at the Local Union office prior to the end of
the ten-week period.
Section 3. The dues of this Local Union for working
members shall be no less than nine dollars and fifty
cents ($9.50) per week. [NOTE: The amounts
designated in this Section will be effective only
upon approval of dues in this amount by vote of the
membership in accordance with applicable law.]
Dues for members who are absent from work for more
than twenty days in any calendar month due to a
seasonal closure or other loss of work of an annual
or otherwise regular nature shall be reduced to an
amount no less than ($10.00) per month for a period
not to exceed six (6) months in any calendar year.
Dues for retired members and organizing committee
members shall be no less than three dollars ($3.00)
per month. Retired members who are 75 years of age
or older, and who have been paying dues continuously
to this Local Union, either as full members or
retired members, for at least ten years immediately
prior thereto, shall be considered to be Life
Members and shall have no continuing dues
obligations, but they shall nonetheless be eligible
to enjoy all the benefits and privileges of retired
members in the International Union, including
continued participation in the International Union's
Death Gratuity Program if otherwise eligible. Dues
paid to Local 144 in connection with membership in
the Hotel Division of Local 144 for periods of time
prior to June 1, 1998 shall be treated as dues paid
to this Local Union for purposes of this paragraph.
Each member must pay the dues or assessments of this
Local Union on or before the last day of the month
in which the same are due and this Local Union must
remit the member's per capita tax to the
International Union not later than the last day of
the month following the payment by the members.
Section 4. Any member failing to pay dues and
assessments of this Local Union on or before the
last day of the month hi which the same are due,
shall stand automatically suspended from membership
in this Local Union, and from all rights and
privileges of such membership. Any suspended member
may be readmitted to membership within thirty (30)
days after automatic suspension upon payment of back
and current dues, but in no event shall such
readmission restore any privileges, death gratuities
or other benefits for any period of delinquency
preceding fall payment of such back and current dues
and assessments. Any member who has been hi
suspension for a period greater than thirty (30)
days can be readmitted upon the payment of a
readmission fee of four weeks' dues or one month's
dues, hi addition to the amount of dues, fines, and
assessments owed, but hi no event shall such
readmission restore any privileges, death gratuities
or other benefits for any period of delinquency
preceding full payment of such back and current
dues, assessments and fees.
Notwithstanding the foregoing, when a member is
laid off from employment or is absent from work due
to employer lockout or union-authorized strike for
more than twenty days in any calendar month, such
members will be credited for membership dues for the
period of unemployment but not to exceed six months
in any calendar year, the six-month limitation may
be waived by the Executive Board, with the approval
of the International President, for a specified
period in the case of an employer lockout or
union-authorized strike.
Section 5. All members of this Local Union are under
a positive duty to see that their dues and other
payments are remitted on or before the last day of
the month in which the same are due at the office of
this Local Union.
Section 6. The failure of a delegate, agent or
officer of this Local Union to appear or to collect
the dues shall not hi any manner excuse the member
from his or her obligations to pay his or her dues
on or before their due date at the office of this
Local Union.
Section 7. A member who has been hi suspension for a
period greater than sixty (60) days and who pays up
his or her back dues, assessments and fees shall,
from the date of such payment, be considered the
same as a new member.
Section 8. At his or her request a member who is not
employed within the trade or jurisdiction of this
Local Union may be issued a withdrawal card provided
all of his or her other dues and assessments shall
have been paid up to the date of his or her
application for such withdrawal card.
Section 9. This Local Union shall be deemed to have
issued a withdrawal card to any member who, for a
continuous period of over six months, has not been
employed within the trade or jurisdiction of this
Local Union, regardless whether a withdrawal card
has been requested by the member. The card shall be
sent to the member at his or her last known address
as soon as practicable.
Section 10. A member who has been issued a
withdrawal card from this Local Union shall have the
right to be reinstated to membership hi this Local
Union without paying an initiation fee upon resuming
employment within the trade or jurisdiction of this
Local Union and meeting the requirements for
membership, including but not limited to payment of
dues, assessments, fines and fees outstanding from
before the withdrawal, but shall be entitled to no
other rights, privileges or benefits. A withdrawal
card shall become null and void two years after its
issuance.
Section 11. Any increase hi the rate of dues or
initiation fees or the levying of any general or
special assessment, which has not been mandated by a
Convention of the International Union, shall when
required by applicable law be made only hi
accordance with the following procedure:
a. Reasonable notice shall be given by the
Secretary-Treasurer to the membership at least
fifteen (15) days prior to the meeting at which the
membership will consider the question of whether or
not such dues, initiation or reinstatement fees,
general or special assessment, shall be changed or
levied. The notice shall indicate that an increase
or assessment is to be voted on. Such meeting may be
regular or special.
b. At the regular or special meeting called
as provided hi this section, voting shall be by
secret ballot of the members in good standing.
c. A majority vote by secret ballot of the
members in good standing voting at such meeting
shall decide the issue.
Section 12. This Local Union shall pay per capita
tax to the International Union for any person from
whom this Local Union receives revenue, whether
called dues or otherwise. This Local Union shall
likewise pay any other obligations due to the
International Union, and it shall have no right to
pay any bills before it pays its full obligations to
the International Union each month.
A fee of $ 1.00 shall be paid by this Local Union to
the International Union for each new member or
reinstated member.
Section 13. All records of this Local Union
pertaining to income, disbursements and financial
transactions of any kind whatsoever must be kept for
a period of at least six (6) years or longer if
required by applicable law.
Section 14. Neither this Local Union nor any
subdivision thereof, nor members or groups of
members, including councils, conferences, leagues,
clubs or any association composed of members of this
Local Union, or subdivision thereof, shall in any
manner, directly or indirectly, use, exploit or
trade upon the name of the International Unions or
affiliated body, or this Local Union, or any similar
name or designation, nor in the name of the
International Union, or affiliated body, nor in the
name of this Local Union, levy or collect any taxes,
dues, or other moneys, nor in the name of this Local
Union, conduct any affair or any other activity, for
the purpose of raising funds, including programs or
soliciting advertising in any publication, either
directly or indirectly, without first obtaining
written permission from the International President
of the International Union.
All of the aforesaid matters covered by this
section, including without limitation, funds,
solicitations, gifts and donations, collected in the
name of the International Union, shall at all times
be subject to audit by the International Union, and
all books, records, and documents pertaining to
matters covered by this section shall be available
for inspection, copying and audit by the
International Union.
Article VII
Collective Bargaining
Section 1. The authority to bargain collectively
for this Local Union shall be vested in a
Negotiating Committee which shall consist of the
President, or an officer designated by the
President, and not less than three elected members
of the affected bargaining unit.
Section 2. The results of collective bargaining
negotiations shall be subject to ratification by the
members of this Local Union in the bargaining unit
covered by such negotiations.
Section 3. The International Union shall be notified
in writing when any collective bargaining
negotiations or memorandum of understanding have
been concluded and be advised of the number of
employees covered.
Section 4. A true copy of all collective bargaining
agreements and contracts entered into by this Local
Union shall, immediately upon execution, be filed
with the International Department of Research.
Article VIII
Charges and Appeals
PREAMBLE. In order to ensure members' protection
from the filing of frivolous charges, the following
procedures shall apply:
Section 1. Whenever charges are preferred against
any member or officer of this Local Union, the
charges shall be filed in writing in duplicate with
the Recording Secretary. The charging party should
specify what he/she believes constitute a basis for
the charges and the specific subsection(s) of
Section 1 of Article XVII of the International
Constitution and Bylaws the charging party believes
has been violated. The Recording Secretary shall
serve a copy of the charges on the accused whether
personally or by registered or certified mail
directly to the last known address of the accused at
least ten (10) days before the hearing on the
charges. If the charges are not specific, the trial
body may dismiss the charges either before or at the
hearing, but the charging party shall have the right
to refile more detailed charges which comply with
this Section. No charges may be filed more than six
months after the charging party learned, or
reasonably could have learned, of the act or acts
which are the bases of the charges.
Section 2. The Executive Board shall be the Trial
Board, except that where a member charged or
preferring such charges is a member of the Executive
Board, he or she shall not participate in the
consideration of or the decision on such charges,
and the Executive Board shall appoint a
disinterested member as a substitute. If there are
not enough disinterested members of the Executive
Board to conduct a fair hearing, the Executive Board
shall appoint three disinterested members of the
Local to act as the Trial Board.
Section 3. The decision of the Executive Board shall
be deemed final unless the individual or individuals
against whom said decision Council, as determined by
the International Union.
ARTICLE XII
Committees
Section 1. The President, subject to the approval
of the Executive Board, shall appoint a Civil Rights
Committee to assist this Local Union in carrying out
the Civil Rights programs and policies of the
International Union.
Section 2. The President, subject to the approval of
the Executive Board, shall appoint a Committee on
Political Education to assist this Local Union in
carrying out a program for sound political education
and political action and encouraging its members and
their families to register and vote. This Local
Union shall not establish its own registered federal
political committee or any political candidates fund
for contribution in connection with federal
elections, provided, however, that the International
President may in his or her discretion waive this
provision or establish such conditions as the
International President may deem necessary.
Section 3. The President, subject to the approval of
the Executive Board, shall appoint a Senior Members
Committee to assist this Local Union in developing a
program for senior members and retired members.
Section 4. The President, subject to the approval of
the Executive Board, shall appoint an Organizing
Committee to assist this Local Union in developing
organizing programs for this Local Union.
Section 5. The International Secretary-Treasurer
shall be notified promptly by this Local Union of
the composition of the Civil and Human Rights
Committee, the Committee on Political Education, the
Senior Members Committee and Organizing Committee.
ARTICLE XIII
Quorum
A quorum shall consist of seven (7) members
assembled at a regular or special meeting called in
accordance with this Constitution and Bylaws, and
they shall be qualified to transact such business as
may properly be considered at such meeting.
ARTICLE XIV
Dissolution
This Local Union cannot dissolve, secede or
disaffiliate while there are seven (7) dissenting
members. In the event of secession, dissolution or
disaffiliation, all properties, funds and assets,
both real and personal, of this Local Union shall
become the property of the International Union.
Under no circumstances shall this Local Union
distribute its funds, assets, or properties
individually among its membership.
ARTICLE XV
Property Rights
The title to all property, funds, and other
assets of this Local Union shall at all times be
vested in the Local Executive Board for the joint
use of the membership of this Local Union, but no
member shall have any as severable proprietary
right, title, or interest therein.
Membership in this organization shall not vest any
member with any right, tide, or interest in or to
the property of this Local Union, including the
funds of this Local Union.
ARTICLE XVI
Amendments
Section 1. The Constitution and Bylaws of this
Local Union may be amended by a two-thirds (2/3)
vote at any regular meeting of this Local Union,
provided the amendment to be voted on has been
presented in writing and read [at] at least one
regular meeting before the regular meeting at which
action is taken. No amendment shall be valid or
become effective until approved by the International
Union.
Section 2. The Constitution and Bylaws of this Local
Union shall at all times be subordinate to the
International Constitution and Bylaws, as it may be
amended. If any conflict should arise between the
Constitution and Bylaws of this Local Union, or any
amendments thereto, and the International
Constitution and Bylaws, or any amendments thereto,
the provisions of the International Constitution and
Bylaws shall control.
ARTICLE XVII
Procedure and Debate
The meetings of this Local Union shall be
governed by the manual of common
procedure, rules of
debate and order of business set forth in the
Constitution and Bylaws of the International Union.
Every member shall follow and be subject to such
rules governing debate at all meetings of this Local
Union.
SEIU Member Bill of Rights and
Responsibilities in the Union
- The right to have opinions heard and
respected, to be informed of union activity, to
be educated in union values and union skills.
- The right to choose the leaders of the union
in a fair and democratic manner.
- The right to a full accounting of union dues
and the proper stewardship over union resources.
- The right to participate in the union's
bargaining efforts and to approve union
contracts.
- The right to have members' concerns resolved
in a fair and expeditious manner.
- The responsibility to help build a strong and
more effective labor movement, to support the
organizing of unorganized workers, to help build
a political voice for working people, and to
stand up for one's co-workers and all workers.
- The responsibility to be informed about the
internal governance of the union and to
participate in the conduct of the union's
affairs.
- The responsibility to contribute to the
support of the union.
- The responsibility to treat all workers and
members fairly.
- The responsibility to offer constructive
criticism of the union.
SEIU Member Bill of Rights and
Responsibilities on the Job
- The right to have work that is worthwhile to
society, personally satisfying to the worker,
and which provides a decent standard of living,
a healthy and safe workplace, and the maximum
possible employment security.
- The right to have a meaningful and protected
voice in the design and execution of one's work
and in the long-term planning by one's employer
as well as the training necessary to take part
in such planning.
- The right to fair and equitable treatment on
the job.
- The right to share fairly in the gains of the
employer.
- The right to participate fully in the work of
the union on the scope, content and structure of
one's job.
- The responsibility to participate in the
union's efforts to establish and uphold
collective principles and values for effective
workplace participation.
- The responsibility to recognize and respect
the interests of all union members when making
decision about union goals.
- The responsibility to be informed about the
industry in which one works and about the forces
that will affect the condition of workers in the
industry.
- The responsibility to participate fully in the
union's efforts to expand the voice of workers
on the job.
- The responsibility to give fully and fairly of
one's talents and efforts on the job and to
recognize the legitimate goals of one's
employer.