Also believing it to be right and just for men and women to unite in purpose and action, to help those who are less fortunate to increase he benefits as are inherent in a free society dedicated to the principle of free enterprise.
Sincerely urge all Local unions to take an active and aggressive part in this Local. We Pledge ourselves to the democratic principles as set forth in this Constitution
Name and Affiliation
ARTICLE ONE
NAME AND AFFILIATION
Section 1.
This organization shall be known as Local 105, Utiliity Workers Union of American (UWUA). AFL-CIO, Pontiac, Michigan, hereafter referred to as the Union
Section 2.
The Union shall be affiliated with the Utility Workers Union of America, American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) and the Michigan State Utility Workers Council.
The membership of this Union shall be composed of employees of CMS Energy and its subsidiary companies over which this Union has been granted jurisdiction and who are eligible for membership under the Constitutions of the Utility Workers Union of America and the AFL-CIO.
Section 2.
All Applicants for membership will be required to sign an application for membership card. In order to more adequately facilitate the collection of dues it shall be the policy of the Union to have all members subscribe to the practice of having their weekly dues deducted from their pay.
Section 3.
In order that a Union may be governed by the democratic rule of the members, it shall be the duty of each member to attend all of the regular and special meeting of the Union.
Section 1.
To unite this Union regardless of race, creed, color, sex or national origin. All workers are eligible for member-ship under this constitution except that any member accepting membership in the Communist Party or any other subversive organization shall be expelled from this Union.
Section 2.
Through united action to protect, maintain and advance the interest and welfare of the members, to create better working conditions and a higher standard of living and to promote legislation favorable to the members.
ARTICLE
Section 1.
The officers of this Union shall be: one President, one Vice-President, one Financial Secretary, one Recording Secretary, District Vice-President(s) in accordance with Section 17, Chief Stewards in accordance with Section 11, three Trustees, two Sergeants¬at-Arms, and the Stewards.
Section 2.
The Executive Board shall consist of the President, Vice-President, Financial Secretary, Recording Secretary, District Vice-Presidents, and the Chief Stewards.
Section 3.
The term of office shall be a two-year period for President, Vice-President, Financial Secretary, Recording Secretary, Chief Stewards and Sergeants¬At-Arms. The Trustees shall be elected for a three year term. Nominations for these offices shall be made in May and elections in June at the regular membership meetings, except the Chief Stewards shall be elected at Stewards elections. The President, Financial Secretary and Chief Stewards are to be elected in even numbered years. The Vice President and Recording Secretary are to be elected in odd numbered years. District Vice-President(s) shall be elected in accordance with Section 17. The Stewards are to be elected in June for a term of one year. One Trustees and one Sergeant-at-Arms shall be elected each year.
Section 4.
Only members in good standing for one year shall be eligible for election to these offices. However, any member who accepts a temporary promotion to supervision shall be ineligible to hold Union office for a period of two years.
Section 5.
Section 6.
Before a vote for election is taken it shall be the duty of the chairperson to appoint two or more tellers to see that the ballots are properly counted and to safeguard the secrecy and honesty of the election.
Section7.
At the expiration of the term of office by termination or otherwise of any officer he/she shall turn over to his/her successor all money, property, papers, records, and data and data of this Union that may be in his/her possession.
Section B.
Upon the death, resignation or removal for cause of any officer it shall be the duty of the Union Executive Board to order nominations and elections at the next two regular membership meetings.
Section 9.
Nominated members for an office must be present at the nomination meeting or furnish written acceptance to such office to which he/she expects to be nominated.
Section 10.
It shall be the duty of the President to appoint a Steward in a department where none are elected or wherever one is needed.
Section 11.
Districts may have one Chief Steward. At the discretion of the Executive Board. districts shall be entitled to one additional Chief Steward for each additional 150 members or rnajority fraction there of.
Section 12.
The President and Vice-President shall be automatic delegates to all conventions and all councils.
Section 13.
Additional delegates and alternates shall be democratically elected by simple majority for two year terms,
Section 14.
The President, Vice President, financial Secretary, Recording Secretary, District Vice President ( Michigan Sate Utility Workers Council Delegate and National Convention Delegate nominees must have attend 4 of the Last 12 regular meeting prior to the nominating meeting.
a). Excused from this unless on the afternoon shift ( working during 7-9 On- Call. or on Sick leave.
Section 15
Any elected or appointed representative of the Union that has missed three consecutive meetings, his/her term of office shall be terminated unless he/she has a reasonable excuse.
Section 16
Any elected or appointed representative of the Union that accepts or considers accepting a position in supervision will constitute an automatic resiqnation from office and will be ineligible for Union office for two years.
Section 17
Districts with at least fifty (50) members, that do not have at least one of the four top officers, shall be entitled to a District Vice-President. Nominations and elections for this office shall take place at the next two Regular Membership Meetings after this situation becomes apparent. Only members in this district shall be eligible for nomination to this office and to vote in this election. The term of office shall be two (2) years and subsequent elections shall not be held if one of the four main officers is elected from this district or district membership drops below fifty (50).
(a) "Districts" shall include any permanent reporting headquarters.
ARTICLE FIVE
Section 1.
The President shall act in the capacity of chairperson and shall preside and preserve order at all meetings of this Union and of the Executive Board. He/she shall enforce the rules and appoint all committees not other- wise provided for and transact such other duties as are usually affixed to this office or that may be required by the Union. He/she shall be an ex-officio member of all committees.
Section 2
The Vice-President shall act as chairperson in the absence of the President and in the case of resignation, death or removal of the President in any manner indicated by that official.
Section 3
The Financial Secretary shall receive, receipt and account for all money passing through his/her hands, furnish all supplies pertaining to the Union, pay all bills authorized by the Union, pay all applicable per capita taxes, deposit all moneys in the bank within five business days of receipt and furnish bonds which shall be satisfactory to the Union Executive Board. He/she shall report monthly to the Union giving accounts of all receipts and expenditures. He/she shall furnish an annual financial report to the National Union. He/she shall perform such other duties with the general approval of the Executive Board as may be necessary to the proper and effective administration of the financial affairs of the Union. He/she shall assist the President in any manner indicated by that Official.
Section 4
The Recording Secretary shall keep a record of all meetings and of such correspondence related to Union business. He/she shall assist the President in any manner indicated by that Official.
Section 5
The Trustees shall audit all financial books and records of the Union twice yearly.Section 6
The Sergeant-at-Arms shall upon the calling of the meeting to order cause himself/herself to be satisfied that all present are members in .. good standing. He/she shall not permit any person who is not in good standing to remain. He/she shall guard well the entrance door and shall not permit the admittance of any authorized person or persons. He/she shall be responsible for seeing that no person who is under the influence of any substance is permitted to enter. He/she shall see that the door is locked while the meeting is in progress and shall assist the chairperson in preserving order. He/she shall eject any person from the meeting so ordered by the chair.
Section 7
In the event that the Sergeant-at-Arms is absent, the President shall appoint a temporary Sergeant-at-Arms for that particular meeting.
Section 8
The Executive Board shall be the highest authority of the Union between regular membership meetings.
Section 9
Any delegate or alternate attending a convention or special meeting outside the Union shall make his/her report at the next regular meeting unless incapacitated.
Section 10
Any delegate or alternate to a special meeting, conference or convention shall receive per-diem and expenses as approved by the membership.
2. Be in charge of Step 1 and preliminary grievance meetings if no top officers are in attendance.
3. Collect late dues, sign up new members.
4. Assign duties, chores to Stewards.
5. Keep in touch with top officers on grievances and other developments in his/her district.
6. Attend all meetings unless excused beforehand.
Section 12
District Vice-President(s) shall perform duties in their district at the discretion of the Executive Board. They shall assist the President in any manner indicated by that official.
ARTICLE SIX
The funds of the Union deposited in banks shall be drawn upon only by checks signed by the President and Financial Secretary.
Section 2
The funds of the Union shall be used only for the legiti¬mate authorized expenses of the Union and for the purpose of assisting labor and other organizations friendly to the Utility Workers Union of America, AFL-CIO.
Section 3
All officers and employees of the Union shall be placed under bond in a security company through the national office of the Utility Workers Union of America, AFL-CIO.
Section 5
The fiscal year of this Union shall be the same as the calendar year.
The standing committees shall consist of:
1. The Executive Committee
2. The Grievance Committee
3. The Constitution Committee
4. The COPE Committee
The members of the standing committees shall be appointed and may be removed by the President and/or the Executive Board.
Section 2
Other or special committees shall be appointed by the President as the need arises.
Section 3.
The Executive Committee shall consist of the President, Vice-President, Financial Secretary and Recording Secretary.
Section 4
The Grievance Committee shall consist of the President, Vice-President, Financial Secretary, Recording Secretary, District Vice-President and the Chief Stewards. It shall be the duty of this committee to meet with the local management in an effort to make a peaceful settlement and a satisfactory adjustment of all legitimate grievances which may arise from time to time.
Section 5
It shall be the duty of the Constitution Committee to receive, study and present all proposed changes of the constitution and by-laws and give to the Union their recommendation. The President can refer to the committee for clarification or interpretation of the constitution.
Section 6
It shall be the duty of the COPE Committee to work and cooperate with the National, State, and local COPE Committees.
Section 7
Each committee shall elect their own chairperson and secretary.
ARTICLE EIGHT
Regular membership meeting of this Union shall be held on the second Tuesday of each month except that the Executive Board may alter the date. By a maximum of seven (7) days to avoid conflicts with holidays, elections days or Utility Workers Union of American functions to be attended by Executive Board members.
Special meetings may be called by the Executive Board or upon the petition of a majority of members in good standing. At least seventy-two (72) hours notice will be given members of such a meeting. The call for a special meeting must state the business to be transacted and no other business shall be taken up except that for which the meeting was called.
Section 3
A quorum of this Union shall consist of the members present in good standing.
Section 4
In the event that in a regular meeting a quorum is not present the regular business of this Union shall be conducted and disposed of by simple majority of the Executive Board.
Section 5
The highest authority of the Union shall be vested in the general membership.
Section 6
Between the regular membership meetings the high¬est authority of the Union shall be the Executive Board which will meet once a month or at the discretion of the Executive Board.
ARTICLE NINE
Section 1
The initiation fee for new members of this Union shall be the amount stipulated by the Michigan State Utility Workers Council (currently fifty dollars "$50.00") unless they are exonerated as set forth in the National U.W.U.A. constitution.
Section 2
The dues for members of this Union shall be an amount stipulated by the Michigan State Utility Workers Council.
Any member who becomes in arrears must pay his/her back dues.
A member in good standing is one whose dues are currently paid up to date and who has not been tried and penalized under Article Ten of this constitution.
An Honorable Withdrawal Card shall be issued upon request through the Financial Secretary to any member in good standing.
ARTICLE TEN
Section 1
Charges may be preferred against any officer or member for willfully wronging another member, con¬duct unbecoming a union member, failure to comply with the laws of the Union or of the UWUA or the AFL¬CIO, neglect of duty, misappropriation of funds, malfeasance in office or conduct unbecoming to the office.
Accusations or charges must be made in writing by a member in good standing of the Union, must be signed by the complainant and shall be sufficiently specific to permit the defendant to prepare a proper defense.
Section 3
Within five (5) days after the charges have been received the chairperson shall cause to be delivered to the accused a copy of the charges filed.
At the next regular meeting of the Union the chairperson shall cause the charges as filed to be read to the membership. After discussion and consideration the following question shall be put to a vote by secret ballot, "Shall the charges as presented be deemed worthy of trial?"
If the charges are by a majority vote found to be worthy of trial, they shall be referred to a special trial board of five (5) members who shall be nominated and elected by the membership at the meeting. Neither the accused nor the accuser shall be members of the trial board. Trial board members shall have been members in good standing for at least one year. The trial board shall elect its own chairperson.
The trial board shall notify the complainant, the accused and their witnesses of the time and place of the hearing. Both parties shall have the right to counsel, provided such counsel are members of the Union in good standing. The trial board may adjourn its hearings from time to time.
At the next regular meeting. Of the Union after all evidence has been heard, the trial board shall report its recommendations and evidence to the Union membership. After the trial board's report has been read, the accused shall have the right of defense before the Union membership.
Section 8
The chairperson of the trial board shall submit to a vote. of members present the question of guilt or acquittal, Secret ballot voting shall be required from them and it shall require two-thirds (2/3) of the votes cast to convict. If more than one offense has been charged the vote shall be taken separately on each charge and in the same manner.
If any of the charges be sustained or of the accused pleads guilty, a vote shall be taken then on the penalty, if any penalty is recommended by the trial board. This recommendation may be amended and the vote shall be taken first upon the heaviest penalty proposed. It shall require a three-fourth (3/4) secret ballot vote of the members present to suspend or expel.
Members on trial shall have at all times the right of appeal first to the Michigan State Utility Workers Council and second to the Utility Workers Union of America, AFL-CIO.
ARTICLE ELEVEN
CHANGES AND AMENDMENTS
The constitution may be amended provided that the proposed changes be presented to the Executive Board in writing at a regular membership meeting.
The Executive Board will refer proposed changes to the Constitution Committee for review. At the next regular membership meeting the proposed changes shall be presented to the membership with the Committee's recommendation for adoption, rejection, or refinement.
A vote shall then be taken and it will require two-thirds (2/3) of the membership present for adoption.
Anything not covered by these bylaws shall revert back to the national constitution of the Utility Workers Union of America, AFL-CIO or the Michigan State Utility Workers Council constitution.
ARTICLE TWELVE
RULES OF ORDER AND PROCEDURE
The Union shall have the power to declare further rules of order which will tend to increase the decorum and dignity of the meetings or which will tend to expedite the meeting.
Any matters pertaining to parliamentary procedure shall be governed by Robert's Rules of Order.
With consent of the membership the regular order of business may be suspended at any time to dispose of anything urgent.
Any officer or delegate of this Union who accepts a job in supervision with CMS Energy or any of its subsidiaries before being out of office for one year will not be eligible to hold office in this Union in the future.
Section 1
In the event of a legally constituted strike it shall be the duty of all members of the Union to abide by any special rules or picketing assignments that may be imposed by the Executive Board.
REGULAR MEMBERSHIP MEETING AGENDA
Call to Order
Roll Call of Officers Discipline / Grievance Report Reading of Communications Financial Report
Old Business
New Business Nominations & Elections
Good & Welfare Adjournment