ATOMIC PROJECTS AND PRODUCTION WORKERS,
METAL TRADES COUNCIL,
RATIFIED BY THE COUNCIL
APPROVED BY THE
METAL TRADES DEPARTMENT, AFL-CIO
AS AMENDED May 17, 2017
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLE I NAME………………………………………………………………….. 2
ARTICLE II JURISDICTION……………………………………………………. 2
ARTICLE III PURPOSE…………………………………………………………….. 2
ARTICLE IV FUNCTIONS………………………………………………………….. 3
ARTICLE V MEMBERSHIP……………………………………………………… 3
ARTICLE VI MEETINGS………………………………………………………….. 4
ARTICLE VII DELEGATES AND VOTING………………………………….. 5
ARTICLE VIII OFFICERS, NOMINATIONS AND ELECTIONS……. 8
ARTICLE IX DUTIES OF OFFICERS…………………………………………. 9
ARTICLE X THE EXECUTIVE BOARD………………………………….. 12
ARTICLE XI REVENUE…………………………………………………………… 13
ARTICLE XII FUNDS AND PROPERTY……………………………………. 14
ARTICLE XIII SALARIES AND EXPENSES……………………………….. 14
ARTICLE XIV COMMITTEES…………………………………………………….. 15
ARTICLE XV STEWARDS………………………………………………………… 16
ARTICLE XVI POLICIES……………………………………………………………. 17
ARTICLE XVII CHARGES-TRIALS-PENALTIES-APPEALS………… 18
ARTICLE XVIII AGREEMENTS……………………………………………………. 20
ARTICLE XIX AMENDMENTS………………………………………………….. 21
ORDER OF BUSINESS FOR LOCAL COUNCILS………………………………….. 21
METAL TRADES COUNCIL OFFICERS’ OBLIGATION………………………. 22
METAL TRADES COUNCIL DELEGATES’ OBLIGATION…………………… 22
SECTION 1. This organization shall be known as the Atomic Projects and Production Workers, Metal Trades Council of Albuquerque, AFL-CIO, which has been duly chartered by the Metal Trades Department, AFL-CIO. The Council shall consist of local unions chartered by national and international unions in affiliation with the American Federation of Labor and Congress of Industrial Organizations and organizations having members employed in atomic installations and /or other installations affiliated with this Council.
SECTION 1. The jurisdiction of this Atomic Projects and Production Workers, Metal Trades Council, AFL-CIO, shall be the City of Albuquerque, State of New Mexico.
SECTION 2. Whenever jurisdictional disputes arise, which cannot be settled locally, they shall be referred to the Metal Trades Department and then to the International unions concerned.
SECTION 1. The purpose of this Council is to act decisively through unity of the purpose and action to effectively protect and to promote the interests of its affiliated local unions’ memberships. To do so, it shall engage in meaningful negotiation and participate in the administration of Labor Agreements with those Employers with whom the Council is the recognized collective bargaining representatives to the end that the Council’s affiliated local union’s membership will enjoy an ever-higher standard of living and assurance that they will be treated fairly and equitably by their Employer. We shall organize constructive legislative education-action programs to insure that the affiliated local union’s membership recognize and accept their responsibilities as citizens in strengthening our democracy. This Council shall provide the affiliated local unions with proper machinery for effectively conducting the affairs and business of this Council and to provide a way for closer cooperation between the affiliated local unions and settling of trade disputes through consolidation and concentration of their efforts. The Council shall wage campaigns of material interest and benefit according to National Labor Relations Board procedure.
SECTION 1. This Council is committed to the task of acting decisively to effectively protect and promote the interests of its affiliated membership and will achieve this objective only if it: strives to establish that unity of purpose and action among the Council’s affiliated unions and membership which will insure that it is capable of implementing effective collective bargaining and legislative education-action activities; coordinates, through affirmative guidance, the activities of its affiliated local unions and their membership so as to insure the existence of that, total unity of purpose and action which is absolutely essential to Council success in its responsibilities and endeavors; provides that its organizational structure is that which will insure that it is always capable of formulating and implementing those programs of action which will permit the Council to provide positive representation through assistance and service to its affiliated local unions and their membership.
SECTION 2. This Council’s affiliated local unions and their membership, committed to the principal that only in unity is there strength, recognize the necessity of the Council to coordinate and direct their activities to the extent required to insure that continuing, total unity of purpose and action which is essential to the achievement of the Council’s established objectives and the necessity to totally support the Council in implementation of its duly adopted programs.
SECTION 3. It shall be the duty and obligation of the Council to serve its affiliated local unions in the conduction of elections and when successful in such elections, act as the bargaining agent for all workers in all of the affiliated local unions of the Council, and all employees paying agency fee; to truly represent them in negotiation of agreements and in handling grievances and in every way act in the true spirit of a genuine bargaining agent where the workers are involved.
SECTION 4. No affiliated local union will be permitted to request, demand, or obtain, conferences with management (where the Council has been selected as the bargaining agent) concerning wages, hours, and conditions of employment or grievances. All such matters must be referred to the Council by the affiliated unions. The duly accredited representatives of the Council shall assist all affiliated unions, and all employees paying agency fee to adjust differences, disputes, or grievances that may arise with the employer.
SECTION 1. This Council shall accept for affiliation in the Council any local union duly chartered by a National or International Union affiliated with the Metal Trades Department.
SECTION 2. This Council may accept for affiliation a local union chartered by a National or International Union, which is not affiliated with the Metal Trades Department, provided that such National or International Union is affiliated with the AFL-CIO and authorized, in writing, its local union to affiliate with the Council and agrees that said local union shall be governed by the Constitution and By-Laws of the Metal Trades Department and these By-Laws; and, further, that such affiliation is approved by the Metal Trades Department.
SECTION 3. All local unions applying for membership in the Atomic Projects and Production Workers, Metal Trades Council shall make application by letter to the Secretary-Treasurer of the Council. Said application shall bear the seal of the local union and shall be accompanied by an affiliation fee of $100 plus the established per capita of $14.00 per month for each member employed within the jurisdiction of this Council, for the full membership of the local union over which the Atomic Projects and Production Workers Metal Trades Council has jurisdiction, for the month in which the application is filed. The Council Secretary-Treasurer shall immediately refer the application for affiliation to the Executive Board for investigation. The Council’s Executive Board will forward the results of its investigation to the Metal Trades Department for consideration of approval to authorize affiliation.
SECTION 4. Any allegation that a local union is not paying on its full membership shall be referred to the Executive Board for the local resolution. If the allegation is not resolved by the Executive Board within thirty (30) calendar days, a report of the Executive Board’s findings, if any, together with the allegation, shall be referred to the President of the Metal Trades Department for handling with the International Union involved.
SECTION 5. The Secretary-Treasurer of the Atomic Projects and Production Workers, Metal Trades Council shall be notified by letter within thirty (30) days of any changes in membership of an affiliated local union. In turn, the Secretary-Treasurer of the Metal Trades Council will notify the affiliated local union of any changes in membership within the same time frame.
SECTION 1. The regular meeting of the Atomic Projects and Production Workers Metal Trades Council will normally be held on the third Wednesday of each month. Such meetings will begin at 5 PM. The date, time and place of a regular meeting can be changed by the delegates at a previous meeting or by the President of the Council with the approval of the Executive Board. All local union affiliates and delegates shall be notified of a change of date, time or place no less than one week preceding the change.
SECTION 2. A quorum for all regular and special meetings shall be at least Eight Council delegates from (4) affiliated local unions, including (3) Council Officers.
SECTION 3. Special meetings may be called by the President at his/her discretion for the consideration of any matter of extreme urgency, or by petition, signed by at least one delegate from four (4) or more affiliated local unions. Notices to affiliated local unions and delegates of special meetings must be delivered at least forty-eight (48) hours in advance of the special meeting and must inform the local unions and delegates of the subject of the special meeting and that discussion and action by the delegates will be limited to that subject. Matters of extreme urgency may also be decided by the polling of the Executive Board via email or phone, where a majority of the members decides the direction of the motion put before them.
SECTION 4. The absence of any delegate from three (3) consecutive meetings of the Council shall be reported to the local union that he/she represents by the Recording Secretary with recommendations that a replacement be selected. It is the duty of every delegate to attend all the meetings of this Council and to actively participate in the affairs of this Council to the end that through greater unity of purpose and action, the interests of the affiliated membership are effectively protected and promoted. Any delegate that is absent from three (3) consecutive meetings without notification and excusal shall be subject to charge for such absence which may lead to suspension or removal as a delegate.
It shall be the responsibility of each delegate to notify his/her local union of an excused absence.
SECTION 5. If the Sergeant-At-Arms is not present at the Council meeting, a substitute must be appointed by the Chairman.
SECTION 6. All questions of a parliamentary nature shall be decided by the Chair in accordance with the Constitution and By-Laws of the Metal Trades Department and any question not covered therein shall be decided in accordance with Roberts Rules of Order.
SECTION 7. Profanity and intoxication shall not be tolerated during the meetings of the Council. Offenders shall be removed by the Sergeant-at-Arms by the order of the Chair.
SECTION 8. Represented employees paying agency fee shall not be eligible to attend or vote at Metal Trades Council meetings.
DELEGATES AND VOTING
SECTION 1. Each Local Union affiliated with the Metal Trades Council will be entitled to the following number of delegates and votes in accordance with Article VIII of the Constitution and By-Laws of the Metal Trades Department.
a. Each local union affiliated with this Metal Trades Council will be entitled to six (6) delegates and shall be permitted to choose up to two alternates for those delegates who may act in place of delegates with voice and vote when the delegate is not present.
b. Any one delegate present may vote the entire strength of his/her local union or it may be divided into as many as six (6) parts allowing each delegate present his/her fraction of his/her local union’s allotted votes.
c. Each local union affiliated with this Council will be entitled to a number of votes based on the average per capita tax paid to the Council for the three (3) months preceding nominations. Questions of per capita tax payment and numbers of eligible votes will be submitted to the President of the Department for final decision.
The allocation of votes shall be as follows:
1-200 members 2 votes
201-400 members 3 votes
401-600 members 4 votes
601-800 members 5 votes
801-1000 members 6 votes
For the purpose of this Section, member means a member employed in a bargaining unit represented by the council and under the jurisdiction of the affiliated local union.
Membership will be determined on the basis of the per capita tax paid in the preceding three (3) months prior to December 1, of the year in which elections are to be held.
SECTION 2. Where any National or International Union is represented in this Council by more than one local union, the total vote of these locals will be divided among said locals in exact proportions to the per capita tax paid to this Council by each local but in any event no local will have less than one (1) vote.
SECTION 3. The above section will apply to delegate roll call votes and shall be used in all elections. The Secretary-Treasurer shall have ready at all times a current listing of the per capita tax standing of all affiliates.
SECTION 4. Credentials of delegates shall be furnished through their respective local unions on official stationary and shall bear the seal and be signed by the designated officer of their respective local unions. All credentials shall be referred to and presented at the next regular monthly meeting of the Council to authorize entitlement of individuals to be seated as a delegate to the Council.
SECTION 5. Each affiliated local union shall submit credentials of their respective delegates to this Council by January 31 of each year. Should any changes occur in their respective delegate roster, the Recording Secretary of the Council shall be notified, in writing, within thirty (30) days of such changes.
SECTION 6. All delegates and elected officers, before being seated, must assent to the obligation set forth in the Constitution of the Metal Trades Department.
SECTION 7. When an affiliated local union fails to pay its per capita tax or legal assessments for a period of three (3) months, the President of the Metal Trades Department shall be notified, who will handle the matter with the parent International Union of the delinquent local union. If the delinquency is not resolved within forty-five (45) days after notification to the President of the Metal Trades Department, the Council may request the authorization to suspend the delinquent local union.
SECTION 8. No delegate to this Council shall engage in any activity or course of conduct which has for its purpose the fostering of dissension and disunity within the Council or to assist a rival organization.
SECTION 9. It shall be the duty of any delegate having knowledge of the violation of any Article or Section of the Constitution or these By-Laws to prefer specific charges, in writing, against the delegate or member of an affiliated local union committing such violation to the Council. In the event charges are against a local union member who is not a Council Officer, or Steward, such charges, by action of the Council, will be referred to his/her local union for handling pursuant to the Constitution and By-Laws of that International Union.
SECTION 10. No person other than accredited delegates or a duly authorized representative of an affiliate from a National or International Union or the Metal Trades Department or a representative of the AFL-CIO on assignment shall have the right to address meetings of this Council, except by two-thirds (2/3) consent of the delegates present and voting. However, guest speakers may be invited by action of the Council or by the Executive Board.
SECTION 11. All business of the Council requiring a vote of the delegates shall be conducted in executive session.
SECTION 12. Any of the delegates may be a full time representative of his/her local union where said local union has such or be a member in good standing of an affiliated local to the MTC.
OFFICERS, NOMINATIONS AND ELECTIONS
SECTION 1. The regular officers of this Council shall consist of a President, Vice President, Secretary-Treasurer, Recording Secretary, a Sergeant-at-Arms and a Board of three (3) Trustees.
SECTION 2. Written notice by mail of an officer election will be given the delegates not less than twenty (20) days prior to the nomination of officers. The nomination of officers shall be held at the regular meeting in November and the election of officers shall take place at the regular meeting in December of the election year. The officers elected shall be installed at the regular meeting in January following the election. All officers shall be elected for a term of three years, beginning with the Election in December of 2016.
SECTION 3. All officers shall, at the expiration of their terms of office, or in case of resignation, turn over all funds, books and property belonging to the Council, in their possession, to their successors, and render a complete report in writing of their stewardship, up to date, to the Council.
SECTION 4. When a vacancy in any office occurs, for whatever reason, such vacancy shall be filled by appointment by the President and Executive Board of the Council. The appointed officer will serve out the unexpired term.
SECTION 5. Not more than one delegate from any affiliated local union shall hold a primary officer position; i.e. President, Vice-President, Secretary-Treasurer and Recording Secretary in the Council. If there are insufficient nominees for candidates for office, a request for waivers may be made through the Metal Trades Department.
SECTION 6. Any officer absenting himself/herself from three consecutive meetings may have his/her office declared vacant, unless reasonable cause is established for attendance delinquency. This declaration of vacancy shall be by a majority vote of the Council and in that event, the vacancy shall be filled.
SECTION 7. No member shall be eligible to hold any office unless their National or International Union is affiliated with the Metal Trades Department.
SECTION 8. Only duly seated delegates to the Council will be permitted to vote in an election of officers whose local union has certified in writing to the Council that he/she has been elected a delegate by secret ballot or holds an office in his/her local union to which he/she has been elected by secret ballot and is a delegate to the Council by virtue of his/her office, in accordance with the Constitution and By-Laws of his/her organization.
SECTION 9. To be eligible for nomination and election to an office in this Council, one must be an elected or appointed delegate (no alternates) and be in good standing in a local union affiliated with this Council and his/her local union’s per capita must be paid through the month preceding nominations. In addition, the nominees must be present to accept the nominations or if absent, present a signed letter of acceptance. Each nominee may run for only one officer position.
SECTION 10. If any delegate elected to an office in this Council is permanently promoted to a supervisory position or his/her membership in the local union from which he/she was elected delegate ceases, the office shall be declared vacant and shall be filled in accordance with Section 4 of this Article.
SECTION 11. In the event of a tie in any officer position, a recount will be taken and if that recount also results in a tie, it shall be resolved with a game of chance.
DUTIES OF OFFICERS
SECTION 1. DUTIES OF THE PRESIDENT: The President shall in addition to those duties provided for under Article IX, Section 3 of the Metal Trades Department Constitution and By-Laws, preside at all meetings of the Executive Board in which he/she shall be Chairman. He/she shall be an ex-officio member of all committees with voice but no vote except in case of a tie vote. He/she shall have power to exclude from any meeting any delegate guilty of unacceptable or unruly conduct. He/she shall countersign all checks issued by the Secretary-Treasurer. He/she shall be a member with voice and vote on any and all negotiations committees as may be created by the Council. By virtue of his/her office, the President shall serve as delegate to all official Metal Trades Department National Conventions and conferences and will attend as such. It shall be the duty of the President to carry out orders of the Council in all its activities and to sign all official documents. It shall be the duty of the President to accurately report the facts to the Council on any meetings with management or other groups.
SECTION 2. DUTIES OF THE VICE-PRESIDENT:
The Vice President shall, in the absence of the President, perform all duties pertaining to the office of President and to assist the President in the conduction of the business and affairs of the Council. He/she shall be a member with voice and vote on any and all negotiations committees as may be created by the Council. He/she shall be a member of the Executive Board with voice and vote, and he/she shall perform other duties as are elsewhere indicated in these By-Laws and assigned him/her by this Council.
SECTION 3. DUTIES OF THE SECRETARY-TREASURER:
a. The Secretary-Treasurer shall, in addition to those duties provided for under Article IX, Sections 6 and 7 in the Metal Trades Department Constitution and By Laws, carry out orders he/she shall receive from the Council.
b. He/she shall be the Secretary and Treasurer of the Council and shall keep a record of all revenues and expenditures of the Council and attest all orders signed by the President. He/she shall furnish each affiliated union with a copy of the financial standing of the Council upon request. He/she shall be a member of the Executive Board with voice and vote, and he/she shall perform other duties as are elsewhere indicated in these By-Laws and assigned him/her by this Council.
c. He/she shall receive and record all per capita tax and monies paid to the Council, and disburse the same upon order of the Council. All non-recurring bills shall be paid only after approval by the Council and entered in the minutes. Any major purchases (over $500) for the Council shall be made only after approval of the Council. He/she shall keep an accurate account of all monies received and expended and shall produce the books and records of the Council for inspection whenever called upon by the Council. He/she shall notify all Unions in arrears on their respective per capita payments to the Council.
d. He/she shall not retain more than one hundred dollars ($100) in cash in his/her possession at any one time and shall promptly deposit all monies or funds in such bank as the Council may designate in the name of the local Metal Trades Council.
e. Salary and/or expense for the Secretary-Treasurer shall be as stated in Article XIII of these by-laws entitled SALARIES AND EXPENSES.
f. He/she shall not at any time or under any circumstances on his/her own authority, without special and specific instructions from the Council, take such action in any matters as will involve the affiliated Unions in disputes, or the Council in expense.
g. He/she shall be a member with voice and vote on any and all negotiations committees as may be created by the Council.
h. He/she shall notify the appropriate Financial Officer of any delinquent local union of that delinquency in writing no later than the 15th day of the month subsequent to the delinquency and, in the same manner, in each subsequent month of delinquency. A copy of the notice shall be retained by the Council.
i. The Secretary/Treasurer shall be bonded in an amount sufficient to protect the Council; premiums shall be paid by the Council.
j. The financial statement shall be presented at the regular meeting held on the third Wednesday of each month.
k. If an employee’s job classification changes he/she will be transferred to the proper jurisdiction. The Secretary/Treasurer will make all changes necessary to ensure that the employee renders the proper fee to the appropriate affiliated local union.
SECTION 4. DUTIES OF THE RECORDING SECRETARY:
The Recording Secretary shall in addition to those duties provided for under Article IX, Section 5 of the Metal Trades Department Constitution and By-Laws, carry out orders he/she shall receive from the Council.
a. He/she shall be the Recording Secretary of the Council and shall keep a record of the proceedings of the Council, and shall attest all orders signed by the President. He/she shall furnish each affiliated union with a copy of the proceedings of the Council upon request. He/she shall be custodian of the archives and seal of the Council in a secure location provided by the Council. He/she shall be a member of and Secretary of the Executive Board with voice and vote, and he/she shall perform other duties as are elsewhere indicated in these By-Laws and assigned to him/her by this Council.
b. He/she shall not at any time or under any circumstances on his/her own authority, without special and specific instructions from the Council, take such action in any matters as will involve the affiliated Unions in disputes, or the Council in expense.
SECTION 5. DUTIES OF THE SERGEANT-AT-ARMS:
a. The Sergeant-At-Arms shall have charge of the door and assist the Chairman to maintain order at all meetings of the Council.
b. He/she shall also register the attendance of delegates by such methods as the Council may designate.
SECTION 6. DUTIES OF THE TRUSTEES:
a. It shall be the duty of the Trustees to exercise a general supervision over the property and funds of the Council and perform such other duties as the rules and By-Laws of the Council may require.
b. The Trustees shall review the financial standing of the Council semi-annually and any other time deemed necessary by the Council and report their findings in writing to the Council. A copy will be forwarded to the Metal Trades Department.
c. The fiscal year for the Council shall start January 1 and end on December 31 of each year.
d. The Council’s books will be closed as of December 31 and June 30 and the regular auditing of the books shall be completed by January 31, and July 31, respectively.
e. The trustees shall give the Council a report of the audits within 30 days of completion of those audits.
f. In the event of a change in the office of the President, Vice President or Secretary/Treasurer, there shall be an independent financial audit of the books within ninety (90) days.
THE EXECUTIVE BOARD
SECTION 1. The Executive Board of the Council will consist of the President, Vice President, Secretary/Treasurer and Recording Secretary and one delegate from each affiliated local union.
The President shall preside over all meetings of the Executive Board, which shall be held at least once a month at a time and place to be determined by the Board prior to the Regular Metal Trades Council Meeting.
SECTION 2. Each affiliated local union shall submit credentials of their respective delegates to serve on the Executive Board of this Council. Should any changes occur, the Recording Secretary shall be notified, in writing, before the next Executive Board meeting.
SECTION 3. The Executive Board shall hold its meetings at times and places determined by its own actions. Special meetings of the Executive Board may be called by the appropriate Officers, provided all Executive Board members are notified of the time, place and purpose of such meetings, forty-eight (48) hours in advance of any such meeting.
SECTION 4. The quorum for all meetings of the Executive Board shall be at least one delegate from at least five of the affiliated local unions provided; however, the President of the Council must be present at all meetings of the Executive Board for such meetings to be legal. The exception to this requirement will be the absence from the Council of the President in which case any action taken at the meeting must be presented to the body at the next regularly scheduled meeting for final action.
SECTION 5. The Executive Board shall attend all matters referred to it by the Council; formulate policy and suggest remedies for the immediate and permanent benefit of the Council and its affiliated Unions. Members of the Executive Board shall serve as the Bylaws Committee. All such policies and remedies must be approved by the Council.
SECTION 6. The Executive Board is empowered to call special meetings of the Council.
SECTION 7. The Executive Board shall in case of emergencies have the full power and authority of the Council between meetings of the Council. The Executive Board shall not have the power to sign any agreements or stipulations that pertain to contracts with the employer, nor shall it have the power to change, modify, or add to, the rules or By-Laws of the Council.
SECTION 1. The business of this Council shall be conducted on a calendar basis (from January 1 to December 31 of each year).
SECTION 2. The revenues for the maintenance of this Council shall be derived from payments by the affiliated local unions of a monthly per capita tax to be paid on all members who are engaged in the metal trades industry and the geographic jurisdiction of the Council. The monthly per capita tax to be paid by affiliated local unions shall be $14.00 to be increased annually twenty five cents ($.25) for each member employed within the jurisdiction of this Council, if deemed necessary, at the discretion of the Executive Board.
2.1 Affiliated local unions who have members who work twenty (20) hours or less for more than two (2) weeks of any month and as a result suffer the proportionate loss of earnings shall pay fifty percent of the per capita tax for that month. Annual increases of reduced per capita tax shall be identical to those provided in Section 2 of this Article.
SECTION 3. Disbursements from the funds of the Council shall be for regular expenses such as hall rent, insurance, stationary, printing, supplies, salaries, telephone bills, utilities and such other necessary expenses. Expenditures for office supplies, postage, equipment, equipment maintenance, software, furniture or expenditures necessary for security up to $500 per month do not require pre-approval by the Executive Board or Council.
SECTION 4. The per capita tax of this Council is due and payable on or before the fifteenth of each month.
SECTION 5. No assessment shall be levied except by a unanimous consent vote of all delegates present and voting. No assessment shall be declared valid at the meeting of its introduction, but must be laid over until the next regular meeting of the Council for the consideration of the affiliated local unions. During the period between the introduction of an assessment resolution or motion, the Secretary-Treasurer of the Council shall notify all affiliated local unions that said proposed assessment is pending before the next meeting of the Council. All assessments levied by the Council shall be chargeable as per capita. Any assessment is subject to approval by the President of the Metal Trades Department before it becomes effective.
FUNDS AND PROPERTY
SECTION 1. The funds and property of this Council shall be used only for such expenditures as may be specified in these By-Laws and as may be required to transact and properly conduct its business, namely, payment of salaries and authorized expenses, purchasing of supplies, printing, payment of rent or of any legally authorized bill of the Council.
SECTION 2. No money shall be loaned from the funds of this Council. This does not preclude advance expenses for authorized purposes, to representatives of the Council.
SECTION 3. All expenditures of funds of this Council except per capita tax payments, salaries and other regular authorized expenses as outlined in Article XI, section 3. as set forth in these By-Laws, supplies and postage, must be by vote of the Council.
SECTION 4. The funds and property of this Council shall not be divided in any manner among the affiliated local unions, but shall remain the funds and property of the Council for its legitimate purposes, so long as the Council retains its charter from the Metal Trades Department. Should this Council be dissolved with the approval of the Metal Trades Department, its charter, books, papers, and funds shall immediately be forwarded to the President of the Metal Trades Department.
SECTION 5. The books and records of the Council shall be audited every year no later than sixty (60) days after the close of the Council’s fiscal period. The audit may be conducted by either the Board of Trustees or an independent certified public accountant. A copy of the audit shall be forwarded to the Metal Trades Department, AFL-CIO.
SALARIES AND EXPENSES
SECTION 1. In recognition of the duties which they are required to perform, the Council shall pay to the designated officers the following monthly salaries:
President – 13 hours at the current negotiated T1 Job Rate hourly wage
Vice-President – 5.5 hours at the current negotiated T1 Job Rate hourly wage
Secretary-Treasurer – 7 hours at the current negotiated T1 Job Rate hourly wage
Recording Secretary – 5.5 hours at the current negotiated T1 Job Rate hourly wage
Trustees – 4 hours at the current negotiated T1 Job Rate hourly wage per semi-annual audit
Chief Stewards – 2.25 hours at the current negotiated T1 Job Rate Hourly wage
Effective October 1, 2017 and each October thereafter, an annual adjustment shall be made in the salaries listed above. The adjustment(s) will be computed by taking the current negotiated T1 Job Rate in effect in the CBA between Sandia National Laboratories and the Metal Trades Council multiplied times the number of hours listed above for each position.
SECTION 2. An officer, while on authorized Atomic Projects and Production Workers, Metal Trades Council business, will be allowed a minimum: the amount of per diem to be GSA standard per diem for destination city per day. Actual hotel expenses, ground transportation, round trip transportation and said transportation shall be the actual costs accompanied by receipts, but not to exceed the cost of “Coach” air transportation for airfare. IRS mileage cost allowed for traveling by auto. An officer, while on authorized Atomic Projects and Production Workers, Metal Trades Council business, may submit a voucher for lost time wages for work performed during regular work hours for bargaining units other than Sandia National Labs for which hours have been charged to “unpaid absence: Union duties.”
SECTION 3. The Council President, Vice-President, Secretary-Treasurer, and the Recording Secretary will be bonded by a reputable bonding company in an amount sufficient to cover any possible loss and to comply with the lawful requirements, cost of bonding to be paid by the Council.
Any Committee will consist of three (3) members, one (1) member for a three (3) year term, and one (1) member for a two (2) year term. Thereafter, each year all members shall be elected or appointed for a term of three (3) years.
SECTION 1. Council Committees
Any committees such as Communication Committee, Election Committee, et al, which are necessary for the purpose of Council business shall be appointed by the President of the Atomic Projects and Production Workers, Metal Trades Council. Any and all committee appointments shall be made from the delegates who are properly certified as delegates to this Council or any volunteers who are members in good standing.
SECTION 2. Apprenticeship Committees
The Joint Apprenticeship Council at Sandia National Labs, acting as agents for the MTC in the administration of the Apprenticeship Program, shall consist of four officers (three members and one alternate) appointed by the President of the Council. The President shall, as stated in the Standards of Apprenticeship, be an ex-officio member, without vote, of the JAC and each Trades Focus Sub Committee.
Each Trades Focus Sub Committee will consist of three members and one alternate to be appointed by the President from those trades represented by each sub-committee where the subcommittee’s apprentices are employed. Appointments will be made in January of even numbered years, beginning in 2016, each for a term of two years.
SECTION 3. Joint Job Grade Study Committee
Members for the Joint Job Grade Study Committee shall be appointed by the Council President as needed.
SECTION 4. Grievance and Arbitration Committee
The Grievance Committee shall consist of the Chief Stewards and the four primary officers and shall meet as often as determined necessary by the committee.
The Executive Board shall act as the Council’s Arbitration Committee and as such shall handle all grievances properly referred to it in accordance with the provisions of the governing Labor Agreement.
SECTION 5. Other Committee Members
Other committee Members, including but not limited to, the Safety Committee, the Benefits Review Committee, Central New Mexico Labor Council, Employee Caring Program, Alternates to the Negotiating Committee, et al, shall be elected in every February, at the regular council meeting for three-year terms as needed.
When a vacancy in any committee occurs, for whatever reason, such vacancy shall be filled by appointment from the President for the remainder of the year or until the next election cycle.
SECTION 6. Only duly authorized committees of the Council shall have the right to meet with management as the representatives of the Council. At least two (2) representatives of the Council will meet with Labor Relations, one being an officer of the Council, which is, President, Vice-President, or Secretary/Treasurer. Any agreements so reached shall not be binding on the Council unless reduced to writing, signed, and approved by a majority of the members or delegates present at a special or regular meeting of the Council.
SECTION 1. It shall be the responsibility of the Council to designate jurisdictional areas to be represented by each steward.
- It shall be the responsibility of the Council President to designate a Council Officer or Chief Steward to conduct steward elections for the Council.
- Steward elections should be held within the month of February of each year, but no later than March. Only those union members who work within a jurisdictional area shall be eligible for election to represent said area.
- The Council Chief Steward(s) may be appointed by the President from the elected Stewards each year after steward elections are completed.
- All Steward Elections will be by secret ballot.
- Any ties shall be resolved with a game of chance.
- The President may remove any Chief Steward for just cause with the approval of the delegates and may appoint a replacement.
- Any protest of steward election process and/or procedure must be submitted, in writing, within thirty (30) days of the steward elections by presenting the Council President a petition bearing the signatures of at least fifty percent (50%) of the represented employees working in said jurisdictional area.
- Represented employees of any jurisdictional area may make a request for a stewards’ re-call election by presenting the Council President a petition bearing the signatures of at least fifty percent (50%) of the represented employees working in the said jurisdictional area. The elected steward shall serve until replaced by a duly elected successor.
- Provisions of this section shall be subject to review and recommendation by the E-Board to the Metal Trades Council President, who shall make the final decision.
SECTION 1. Each affiliated local union shall at all times, have the right of assistance and service in its efforts to promote the welfare of its members, provided that they are not acting contrary to the rules and laws of this Council or the laws and policies established by the Metal Trades Department.
SECTION 2. Wherever it is determined by this Council to inaugurate new programs of action for the purpose of advancing the interests of the affiliated local unions and their membership, such local unions shall receive the sanction of their National or International Unions before pledging support to such programs.
SECTION 3. This Council shall not establish any policy or prescribe any action that is in violation of the National or International Union Constitution of any affiliated local union.
SECTION 4. When any general policy has been adopted by this Council in conformity with the laws and policies of the Metal Trades Department and these By-Laws, tending toward execution of a Labor Agreement in a unit of employees over which this Council is the recognized representative, no affiliated local union shall be permitted to enter into an agreement with the facility without the consent and approval of the Council. Any violation of this Section shall be considered just cause for charge as provided in Article XVII.
SECTION 1. Charges:
a. Charges may be filed in the Metal Trades Council for any of, but not limited to, the following reasons:
b. Against any local union affiliate or person representing the Council in any official capacity, including officers, committee persons, executive board members or stewards, for willful failure to perform duties assigned pursuant to these By-Laws or required by the provisions of a valid collective bargaining agreement or failure to comply with the Constitution and By-Laws of the Department or these By-Laws.
c. Malfeasance in office or misuse or misappropriation of the funds or property of the Council.
d. False or slanderous statements by or against Council officers, delegates, Council stewards or an affiliated local union.
e. All charges shall be specific and in writing and signed by the member or principal officer of the affiliated organization making such charges.
f. All charges must be presented in writing, giving the facts and signed by the delegate, officer or member pressing the charges. Charges shall be filed with the President of the Council who shall provide the accused with a copy within five (5) days. These written charges must be submitted in triplicate.
SECTION 2. Trials
a. The Executive Board of the Council will appoint a Trial Board of three (3) disinterested delegates who shall hear the evidence supporting the charges, both oral and written, at a stated time and place after having given adequate notice to the parties involved.
b. The Trial Board shall have authority to summon witnesses for both sides of the controversy and shall notify both parties in writing when to appear before the Trial Board. Any delegate may appear at the trial as a spectator but no spectator will be permitted any voice in such trials.
c. The accused shall have the right at all times to representation by an attorney or by a member of his own choosing, provided the member chosen is a member in good standing of an affiliated union.
d. The Trial Board shall have the right to make a finding of “guilty” or “not guilty” and in the case of “guilty”, shall recommend the penalty to be imposed. The matter then shall be referred to the Metal Trades Council for final action on the Trial Board’s report, which may be to support, modify or set aside. If more than one offense has been charged, the vote shall be taken separately on each charge.
e. Copies of all findings and recommendations of the Trial Board and the concurring vote of the Council shall be forwarded to the President of the Metal Trades Department for final approval in accordance with Article X, Sections 4 and 5 of the Constitution and By-Laws of the Metal Trades Department.
f. An appeal in writing, by the accused may be made to the Executive Council of the Department through the office of the President of the Atomic Projects and Production Workers, Metal Trades Council. The Executive Council shall have the authority to make final determination.
g. In any case where an officer of the Council is charged with malfeasance in office, misuse or misappropriation of funds, the Council may, by majority vote, request the Metal Trades Department to take jurisdiction in the matter. The Metal Trades Department shall have full discretionary power to accept, reject or may direct that the matter be referred to the President of the Council for a trial pursuant to Section 2 of this Article. If the Metal Trades Department deems it in the best interest of the Council and the Department, it may assume jurisdiction, and in the event it assumes jurisdiction, the President of the Metal Trades Department shall appoint a Hearing Officer or Panel, at his discretion, to hear the evidence concerning the matter. The Hearing Officer or Panel will report his/her findings to the President with recommendations. The President of the Department shall, when feasible, render his decision within fifteen (15) working days after receiving the report. The decision of the President of the Department shall be placed in effect forthwith or as stated in his decision. The matter may be appealed to the Executive Council of the Department, which shall have the authority to make final determinations.
SECTION 3. Penalties:
Except in cases of misuse or misappropriation of funds, the maximum penalties which may be assessed are:
a. Removal from office, where the member(s) involved represent the Council in any capacity;
b. Where the charges are against an affiliated local union or its principal officers, the maximum penalty shall be expulsion. However, in no case, shall the suspension or expulsion become effective until after notice to the President of the Metal Trades Department, who will endeavor, through the International Union of the affiliated local union, to bring about compliance with the Constitution and By-Laws of the Metal Trades Department and these By-Laws. In that event, it shall be the duty of the President of the Department and the International Union involved to handle the matter expeditiously.
SECTION 4. Appeals:
a. The Council may appeal any matter involving compliance with the Metal Trades Department Constitution and By-Laws and these By-Laws to the President of the Department.
b. An affiliated local union may appeal any matter involving the Metal Trades Department Constitution and By-Laws and these By-Laws to the President of the Metal Trades Department, only through its affiliated International Union.
c. In either of these situations, it shall be the duty of the President of the Metal Trades Department to act to resolve the matter or dispute as expeditiously as feasible.
SECTION 1. No member of any union affiliated with this Council shall be permitted to fill out or sign any paper signing away any right to sue for damages, or enter into any contract written or verbal, to perform any bonus, piece, or task work for any employer signatory to an agreement with this Council.
SECTION 2. No Union affiliated with this Council shall be permitted to sign any agreement with any employer which is in conflict with any agreement in effect between such employer and this Council, while acting under the term of said agreement. Any agreement consummated by a local union affiliate of the Council must submit the agreement to the Executive Board for approval before it can become a valid document.
SECTION 1. It is understood that the Metal Trades Department Constitution and By-Laws at all times will supersede in the event these By-Laws are in conflict with them. It is further understood that these By-Laws are intended to fully comply with all state and federal laws regulating labor organizations and in case of any conflict the law or regulation will supersede.
SECTION 2. Any proposed amendments, additions, or changes to these By-Laws must be submitted in writing, signed by at least five delegates, to the Secretary/Treasurer and the Chairman of the Bylaws Committee prior to a regular Council meeting and will be read at that meeting. A copy of such proposal will be provided each affiliated local union15 days prior to the meeting where action is to be taken on the proposed amendment(s). The proposal will be subject to amendment and action to adopt at the next regular meeting. The proposal must then be accepted by a two thirds (2/3) majority vote of the crafts present and voting except for amendments concerning per capita tax which requires only a majority vote. The proposal will become effective upon the approval of the President of the Metal Trades Department.
SECTION 3. Any motion conflicting with these By-Laws will be out of order and cannot be accepted by the Chairman.
ORDER OF BUSINESS FOR LOCAL COUNCILS
- Roll Call of Officers.
- Report of Committee on Credentials.
- Roll Call of Delegates.
- Reading of Minutes of Last Meeting.
- Reception and Disposal of Communications and Bills.
- Reports of Standing and Special Committees.
- Report of Affiliated Organizations.
- Report of Officers.
- New Business.
- Election of Officers.
- Unfinished Business.
- Good and Welfare.
METAL TRADES COUNCIL OFFICERS’ OBLIGATION
Do you, each of you, sincerely promise on your honor to perform all the duties of your respective offices according to the laws of the Metal Trades Department of the American Federation of Labor and the Congress of Industrial Organizations until your successor is elected and installed; that you will be faithful in attendance at all regular and special meetings of the Council, and should it lapse or cease to work you will return to the officer legally authorized to receive the same, all bonds, monies, charter, and property of the Council?
Officers’ response: I do.
METAL TRADES COUNCIL DELEGATES’ OBLIGATION
Do you, each of you, solemnly promise on your honor that you will conform to and obey the laws and regulations of the Metal Trades Department of the American Federation of Labor and the Congress of Industrial Organizations and of the Atomic Projects and Production Workers, Metal Trades Council; that you will be faithful in attendance at all regular and special meetings of the Council, that you will at all times strive to maintain a mutual and lasting peace between the affiliated trades; that you will abide by the will of the majority; and that you will make impartial and unprejudiced reports of all conditions affecting the well-being of the Council and your fellow delegates?
Delegates’ response: I do
These By-Laws of the Atomic Projects and Production Workers, Metal Trades Council, AFL-CIO are approved by the Metal Trades Department, American Federation of Labor and Congress of Industrial Organizations.
Mr. James V. Hart, President Date
Metal Trades Department
Mr. Charles Carroll, President/ Date
By-Laws Committee Co-chair
Atomic Projects and Production Workers,
Metal Trades Council
Mr. Jose Atencio, By-Laws Committee Chair Date
Atomic Projects and Production Workers,
Metal Trades Council