Constitution
and By-Laws Local 153
As
Amended: May 20, 1975
265
WEST 14th STREET NEW YORK.
N. Y.
10011
OLD
BYLAWS SEE NEW
ARTICLE
I
Preamble
This
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 sisters 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 therein 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.
SEC.
5. All
members shall be good standing members and entitled to
participate fully as members in the affairs of this
Union until expellee' or suspended and not reinstated,
or until such members have been issued Withdrawal or
Transfer Cards, or placed in retirement status in
accordance with the Constitution and By-Laws this
Union.
SEC.
6.
Whenever any member is totally an permanently
disabled, or reaches retirement age and ceases active
employment he may apply for status as a retired
member. Such member shall be required to pay dues of
One Dollar ($1.00) p month. They shall have the right
to attend meetings and participate in deliberations
but shall not have the right to vote except at 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.
ARTICLE
VI
Meetings
SEC.
1.
Regular meetings of the members of this Union
shall be held on the third Tuesday of the following
months: September, January and May, at 7:15 p.m., at a
place designated by the Executive Board, unless such
day shall fall 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 are 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 bonafide 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 or death of the President, shall
perform the duties 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 also be Chairperson ex-officio of all standing
committees and shall have such other powers and duties
as are provided for in this Union's Constitution and
By-Laws.
The
Vice President shall act as Chairperson of the
Trustees and is required to call monthly meeting of
the Trustees. The Vice President shall have the right
to require the presence of all necessary officers at
such meetings including the Secretary-Treasurer. 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, dues, and assessments 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 Inter national Union. The
Secretary-Treasurer shall deposit funds 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 upon 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 Conferences.
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 and Organizers, supervision of the
work of the 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 will 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 the Chairperson of the Trustees.
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 meet monthly with the Vice-President of the
Union who will act as Chairperson of the meeting. 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, 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 no vote, save in the event of a tie vote by
the Executive Board, in which event 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 7:00 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 ensuing
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
as 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 XXIII, 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 perform the duties 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.
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
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 not
later than one week after 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.
No votes for any member who was not nominated
shall be counted by the Election Board.
SEC.
10.
All officers
and Executive
Board members shall be inaugurated at the
regular Membership Meeting of the Union to be held
following election day 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 duties of my office as
prescribed by the 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."
SEC.
11.
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 five
days preceding such nominations.
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 Jess 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. Regarding
examination of the Union books deleted.
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 to 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 shall 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 an 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
meeting. If a report of the Committee declares that
their 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 all offices thereby
making the election of an Election Board unnecessary,
the Executive Board shall declare all nominees
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.
Continued
page 2
