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BY-LAWS OF PLUMBERS LOCAL UNION NO. 17 PREAMBLE The aspirations of the Union are to construct an organization which shall preserve the interest of all its members. Mankind generally condemns that which they do not thoroughly understand and through prejudice and ignorance neglect to pay strict attention and regard to the principle of unity for evaluating their condition and for the accomplishment of good work which is much required in creating confidence, generating esteem and respect and for promoting harmony and good feeling among themselves; therefore, let every member weigh the substance of these laws within their mind and thus become qualified to determine upon that which is herein set forth in the spirit of sincerity and honesty of purpose. As earnest proof that we entertain a true sense of obligations, interest and duties, toward one another, each member should make themselves thoroughly acquainted with the laws herein contained, that they may avoid imposing upon the same, and also be prepared to use their influence on those who do not as yet belong to the Union, but whose only reason for not belonging to it is that the benefits offered have never been fully explained to them. Above all, members should avoid becoming in arrears. Large numbers, which should insure "strength" very frequently, produce weakness, because those in arrears are debarred from the benefits, and also make it impossible to meet the claims which are made by members who are in good standing. Recognizing the right of the employer to control their capital, we also claim and will exercise the right to control our labor, and be consulted in determining the price paid for it. We therefore urge upon all members to join with us in our efforts to secure through the power of the organization a steady demand and a fair compensation for our toil, and a position in society to which we are justly entitled. Recognizing the need of united political action, we urge the political policies as determined by the American Federation of Labor and Congress of Industrial Organizations shall be the basic foundation for our political beliefs. We must assist in electing to public office only those favorable to the cause we espouse, which is the cause of human freedom and in doing so, elect our friends and defeat our enemies. ARTICLE I NAME AND JURISDICTION SECTION 1. This organization shall be known as Plumbers Local No. 17 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL - CIO. SECTION 2. This Local shall be governed by the United Association Constitution and by the Constitution and By-Laws. SECTION 3. The territorial jurisdiction of Local 17 shall be the jurisdiction granted by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada. SECTION 4. Plumbers Local 17 shall have jurisdiction over all work granted to it by the United Association. SECTION 5. The membership of Plumbers Local 17 shall consist of Building Trades Plumbers and other crafts-person’s in the plumbing trade that may qualify. ARTICLE II PRINCIPAL OFFICE SECTION 1. The principal office of Plumbers Local No. 17 shall be located in the City of Memphis, County of Shelby, State of Tennessee, or at such other place as the Union shall designate. Sub-offices may be established by the Business Manager/Financial Secretary-Treasurer as the needs of the Local Union require. SECTION 2. All books, records and financial documents shall be kept at the principal office of Plumbers Local No. 17. ARTICLE III OFFICERS AND REPRESENTATIVES SECTION 1. The officers of Plumbers Local No. 17 shall consist of President, Vice-President, Recording Secretary, Business Manager/Financial Secretary-Treasurer, Inside Guard, Executive Board of five (5) members, one of which is the Vice-President, a Finance Committee of three (3) members, and an Examining Board of two (2) members. SECTION 2. The duties of all officers shall be as outlined in the United Association Constitution.SECTION 3. The Business Representative (s) shall be selected by the Business Manager/Financial Secretary-Treasurer (one of which shall be appointed Assistant to the Business Manager/Financial Secretary-Treasurer). To be eligible for appointment as a Business Representative, the experience and familiarity of applicants for a Business Representative position in a particular region will be taken into account for applicants who are otherwise qualified. The Business Representative (s) shall see that working rules are strictly enforced, shall attend to all business pertaining to the Local, as instructed by the Business Manager/Financial Secretary-Treasurer. The number of Business Representatives shall be set by the business Manager/Financial Secretary-Treasurer with the approval of the executive board. SECTION 4. Any elected officer who misses 3 monthly meetings or 3 Executive Board meetings in any calendar year without just cause shall be replaced by the President pursuant to provisions of Article V, Section 2 (c). ARTICLE IV EXECUTIVE BOARD SECTION 1. Local Union No. 17 shall elect an Executive Board of five (5) members, which shall include the Vice-President of the Local Union, who by virtue of this office, shall be a member thereof and chairman of the Executive Board. All records shall be kept of the number of ballots cast for each Executive Board Member for the purpose of filling a vacancy in the office of the Vice-President during the term following such election. SECTION 2. The regular meeting of the Executive Board shall be held once each month, at such time and place as may be established by action of the Executive Board. The Business Manager/Financial Secretary-Treasurer is authorized to call additional meetings of the Executive Board when needed. SECTION 3. Any Executive board member, who misses more than three (3) consecutive meetings without just cause, shall be replaced by the president pursuant to provisions of Article V, Section 2 (c). ARTICLE V VACANCIES IN OFFICE SECTION 1. Temporary Unavailability: (a) In the absence of the President at any meetings in which the President would preside, the Vice-President will assume the chair. (b) In the absence of the Vice-President at any meetings at which the Vice-President would preside, that member of the Executive Board who received the most votes at the last general election shall preside. (c) In the absence of the Business Manager/Financial-Secretary Treasurer the assistant to the Business Manager, (as designated by the Business Manager), shall take over the duties of the Business Manager until the Business Manager returns. SECTION 2. Replacement: (a) Upon the death, disability, ineligibility or resignation of the President, the Vice-President shall assume the duties of the President for the balance of the unexpired term. (b) Upon the death, disability, ineligibility or resignation of the Vice-President, the member of the Executive Board who received the most votes at the last general election shall assume the duties of the Vice-President for the balance of the unexpired term. (c) Upon the death, disability, ineligibility or resignation of a member of the Executive Board the position will be filled as soon as possible by the President with the approval of the Executive Board for the balance of the unexpired term. (d) Upon the death, disability, ineligibility or resignation of the Recording Secretary, Inside Guard, Finance Committee Member, or Examining Board Member, the position will be filled as soon as possible by the President with the approval of the Executive Board for the balance of the unexpired term. (e) Upon the death, disability, ineligibility or resignation of the Business Manager/Financial Secretary-Treasurer, the Assistant to the Business Manager (as designated by the Business Manager/Financial Secretary-Treasurer), shall immediately assume the duties of Business Manager for a period of ninety (90) days. If there is no Assistant to the Business Manager/Financial Secretary-Treasurer, the President shall appoint a member to assume the duties of Business Manager/Financial Secretary-Treasurer for a period of ninety (90) days. A new Business Manager/Financial Secretary-Treasurer shall be elected to serve during the balance of the unexpired term in accordance with the election procedures in Article V11. ARTICLE VI MEETINGS SECTION 1. The Local Union shall hold a general monthly membership meeting on the third Tuesday of each month at 5:00 PM at a place designated by the Business Manager/Financial Secretary-Treasurer. Fifteen (15) members will constitute a quorum. SECTION 2. Special membership meetings may be called by the Business Manager/Financial Secretary-Treasurer by giving the membership reasonable notice of the date, time and place, of any special meeting and of the questions to be presented. Fifteen (15) members will constitute a quorum. ARTICLE VII NOMINATIONS AND ELECTIONS SECTION 1. Time of Nominations and Elections (a) Nominations of officers shall be held in November and election of officers in December subject to changes in the provisions of the International Constitution. Elections shall not be held earlier than twenty-five days after nominations have been closed. The Election Committee, except as limited herein, shall set the time, place and method for nominations and elections. (b) This Local Union shall elect its officers by secret ballot once every three years. SECTION 2. Notice of Rules, Nominations, Meeting and Election: At least twenty (20) days prior to the nomination meeting specific notice shall be mailed to the last known address of all members setting forth (1) the date, time and place of the nomination meeting, the offices to be filled and the method of nomination; (2) the date, time and place of the election and the offices to be filled and (3) in the event of a tie vote for any office, the date, time and place for the runoff election. Each member shall be advised in the notice that the election rules are set forth in the International and Local Constitution and By-Laws which are available upon request. SECTION 3. Eligibility of Members: (a) Every member in good standing in the Local for a period of one year shall have the right to nominate, vote for, or otherwise support the candidate of their choice. Any member whose dues have been withheld by their employer for payment to the Local Union pursuant to his voluntary authorization provided in a Collective Bargaining Agreement shall be declared ineligible to nominate or vote for a candidate for office in the Local Union, by reason of a delay or default in the payment of dues by the member to the Union. (b) To be eligible for election to any office in this Local Union, a member must be a Journeyperson and in continuous good standing in this Local Union for a period of two (2) years prior to the nomination for office and must be eligible to hold office if elected. However, if a member is involuntarily transferred from another local to this local, the member will be given credit for their period of good standing in the other local when computing the two (2) year period. "Continuous good standing" means the payment of dues on or before the last business day of the current months with no interruptions in active membership because of suspensions, expulsions, withdrawals, "failure to pay fines or other assessments for a period of two (2) years". Payment of dues after their due date shall not restore good standing status for each month or months in computing the continuous two (2) year period. (c) No member shall hold more than one office at the same time except as provided in Section 113 (b) of the United Association Constitution which allows the Business Manager and Financial Secretary-Treasurer offices to be combined and these shall be the only two offices that the person shall hold. SECTION 4. Nominations: (a) Nominations shall be held in accordance with the provisions of Section 1 (a) above at a general or special meeting or meetings. Nominations and conduct of the election and related questions shall be the first order of business at the nomination meeting and complete minutes shall be kept of that business. Nothing in this provision shall prohibit the holding of special meetings, at which meetings nominations and the conduct of the election shall be the sole order of business. (b) Nominations shall be made at the meeting by a member in good standing, other than the nominee, by motion and seconded by a member in good standing, other than the nominee. (c) Every member eligible to nominate candidates shall be entitled to nominate (1) candidate, but only one (1) for each office open. (d) Nominations shall not be closed until a call for further nominations has been made (3) times by the Chair without further nominations being made. (e) In the event only one candidate is nominated for any office, no election shall be conducted for office and such unopposed candidate shall be declared elected by acclamation at the nomination meeting, effective as of the conclusion of the term of the previous incumbent. (f) Candidates must accept nomination at the time made either in person or, if absent, in writing, and may accept nomination for one office only. An officer holding and office that is not up for election, is not eligible for nomination to some other Local Union Office unless he first resigns the office held. A resignation under this section must be written and filed with the Local Union Prior to the mailing of nomination meeting notices. (g) After a candidate has accepted nomination, the candidate may not, under any circumstances, revoke the acceptance after the ballots are printed, except where as a result of the revocation, the remaining candidate is unopposed. (h) If any nominee should die before the election, the nominee’s name shall nevertheless appear on the ballot. In the event such deceased nominee shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filled when they occur during a term of office as otherwise provided herein. SECTION 5. Election: (a) After the nominations meeting, but not less than twenty (20) days prior to the election, specific notice of the date, time and place, of the election and of the offices to be filled shall be mailed to each member at their last known home address if no notice has previously been sent. (b) 1). Voting shall be conducted by a secret ballot among the members in good standing. There shall be no proxy voting. Each member shall be entitled to one (1) vote. 2). Voting shall be by secret mail ballot subject to the approval of mail balloting by the General President in accordance with the provisions in Section 127 of the United Association Constitution. If a mail ballot is disapproved by the General President, separate polling places shall be established by the Election Committee sufficient to provide an opportunity for all members to vote. The Business Manager/ Financial Secretary-Treasurer shall file a request for a mail ballot then rules for the election shall be as prescribed by the General President. 3). The Election Committee shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the Local and International Constitution and By-Laws. (c) Each candidate, at their own expense, shall have the right to have an observer other than themselves at the polling place, if polling places are established, and at the counting of ballots. An observer must be a member of the Local Union in good standing. Observers may challenge the eligibility of voters and each challenged ballot shall be sealed in a blank envelope which in turn shall be sealed in an envelope with the name of the voter thereon. If votes are challenged, such challenge shall be made in writing at the time of the election with the specific reasons given for such challenge. Challenges shall be investigated by the Election Committee to determine their validity, if the challenged ballots are sufficient in number to affect the results of the election. The blank envelope containing the ballot shall not be opened until such time as all challenges have been ruled upon. Upon request of any candidate, deemed reasonable by the Election Committee, voting machines, if used, shall be checked for proper operation. Candidates shall have the right to be present at the counting of the ballots. (d) The candidate for each office who receives a plurality of the votes cast for the office shall be elected thereto except in the case of the Executive Board. For these offices, the candidates shall be elected in the descending order of the votes received starting with the candidate receiving the highest number of votes cast. In case of a tie vote between two or more candidates for a single available position, a runoff election shall be held among those candidates. (e) There shall be no write-in candidates and any ballot containing a write-in candidate shall be void insofar as the vote for that office in concerned and such ballot for the Office shall not be considered as having been cast in determining the vote for that office. (f) Upon reasonable request of the bona fide candidate for office, the business office shall arrange for the distribution of any campaign literature by mail, provided that such candidate pays the reasonable cost involved. (g) The business office shall, upon reasonable notice, make available for inspection at the Local Union office by any bona fide candidate the membership list of the Local containing the names and the last known addresses of all members of the labor organization who are subject to a Collective Bargaining Agreement requiring membership therein as a condition of employment within thirty (30) days prior to the election. SECTION 6. Nomination and Election Protests: (a) Any member who desires to challenge a ruling in eligibility to run for office shall appeal, in writing, within forty-eight (48) hours after receipt of the ruling to the Election Committee who shall decide such as appeal within seven (7) days after a receipt of the protest. The decision of the Election Committee shall be appealable to the General President within three (3) days of the adverse ruling by the Election Committee. The decision of their General President is final, binding and conclusive. (b) In the event there shall be a protest by any member concerning the conduct or validity of the Local Election, such protest shall be filed with the General President within five (5) working days after the election. The protest shall be simultaneously served on the Local Union. The protest shall clearly and specifically set forth the grounds upon which the protesting member relies to set aside or invalidated the election. The General President shall refer the protest to one of his representatives, who shall conduct an investigation and render a decision. Any candidate or the Local Union not satisfied with the representative’s decision must appeal in writing within three (3) days to the General President. The General President shall have the right to affirm, reverse, modify or change the decision of their representative or enter such other decision as the facts to the General President’s discretion warrant. The decision of the General President shall be final, binding and conclusive, and there shall be no further appeal. SECTION 7. Election Committee: The election shall be conducted by a committee known as the Election Committee. It shall consist of three (3) members. One member shall be appointed by the President; one member shall be appointed by the Business Manager; and one member shall be appointed by the Executive Board. SECTION 8. Installation of Officers: Installation of officers shall take place at the January membership meeting for those officers elected in December. In other situations, the officers-elect shall be installed at the same meeting in which they are elected, or if not elected at a meeting, at the next meeting following their election. ARTICLE VIII FINANCES SECTION 1. All monies received by the Business Manager/Financial Secretary-Treasurer shall be kept in such respective funds as may from time to time be established by the Local Union. SECTION 2. The Finance Committee’s report shall be read before the Local Union at each regular monthly membership meeting and at the annual membership meeting. ARTICLE 1X INITIATION FEES SECTION 1. Initiation for a journeyperson wishing to join Local Union No. 17 shall be two thousand ($2000.00) dollars. Five hundred ($500.00) dollars shall accompany the application and no less than five hundred ($500.00) dollars per month shall be paid until the initiation fee is paid in full. After a Metal Trades journeyperson passes the required test to qualify as a Building Trades Journeyperson, an initiation fee of two hundred ($200.00) dollars shall accompany the application of the member for Building Trades journeyperson status. SECTION 2. Initiation for apprentices shall be two hundred ($200.00) dollars. Fifty ($50.00) dollars shall accompany the application and no less than fifty ($50.00) dollars shall be paid per year until the initiation fee is paid in full. SECTION 3. The Business Manager/Financial Secretary is authorized to reduce the standard initiation fees in Sections 1 and 2 above, to the sum of forty ($40.00) dollars if the initiation fee is part of an organizing campaign and if the reduced initiation fee is to be used as an incentive to bring new members into the Local Union. The forty ($40.00) dollars initiation fee permitted under the above conditions may be waived in whole or in part if, in the judgment of the Business Manager, such waiver would advance the organizing purposes of the Local Union. SECTION 4. A former member of Local Union 17, or its predecessor local unions, may pay a reinstatement of five hundred ($500.00) dollars if the former member previously paid their full initiation fee to Local Union 17 or its predecessor local unions. If the former member did not previously pay their full initiation fee to Local Union 17 or its predecessor local unions, the re-initiation fee shall be the full initiation fee currently charged to new members. In addition to payment of the re-initiation fees, a reinstating former member must pay all monies that the member legally owes to Local Union 17 or its predecessor local unions. Former members of Local Union 17 or its predecessor local unions are unions other than Local 17, or its predecessor local unions, are not eligible to join the Local Union by payment of a re-initiation fee.SECTION 5. Before initiation or re-initiation of journeypersons, all initiation and re-initiation fees must be paid in full. Non- payment of initiation fees or re-initiation fees will result in the sanctions provided for in the Article entitled Dues. ARTICLE X DUES SECTION 1. Building Trades; (a) Effective February 1, 1995 the monthly dues for journeyperson members of Local 17 shall be established by the local union for working members and twenty-nine ($29.00) per non-working member. (b) Effective February 1, 1995 the monthly dues for Apprentice members of Local 17 shall be as established by the Local Union. SECTION 2. It is mandatory that dues be paid up to the current month at all times. Dues and fines are considered paid on the day they are received at Local No. 17. SECTION 3. A change in the rate of dues shall be authorized by majority vote cast by secret ballot. The Elections Committee shall establish the rules for balloting for a change in dues. SECTION 4. Any member who shall be three (3) months in arrears in the payment of dues, fines, initiation fees, assessments, or other chargers shall not be entitled to any rights or privileges of membership or to any monetary benefits. Any member who has been automatically suspended for failure to pay dues shall be under a continuing obligation to pay dues during the suspension period. Upon payment of all back dues through the current month together with a reinstatement fee, a suspended member shall be restored to good standing except that their right to monetary benefits must wait ninety (90) days from the date of payment of the reinstatement fee. SECTION 5. Any member in arrears for dues for a period of six (6) months shall stand expelled and shall be liable to Local No. 17 for all money owed. Re-initiation procedures shall be as provided for in the United Association Constitution.SECTION 6. Travel card dues and rules pertaining to the issuance, use and suspension of travel cards shall be governed by the provisions in the United Association Constitution. SECTION 7. If a member works 8 days or more per month they shall be required to pay full working dues. SECTION 8. Officers dues shall be 50% of full working dues per month rounded to the nearest highest dollar. ARTICLE XI ASSESSMENTS SECTION 1. Assessments shall be determined by a majority vote cast by a secret ballot. SECTION 2. Non-Payment of Assessments will result in the sanctions provided for in the Article entitled Dues. ARTICLE XII MEMBERS CHANGE OF ADDRESS All members shall notify the Business Manager/Financial Secretary-Treasurer of change of address. ARTICLE XIII SECTION 1. Salaries of the office employees of Local No. 17 shall be left to the discretion of the Business Manager/Financial Secretary-Treasurer. SECTION 2. Local No. 17 shall furnish automobiles to the Business Manager/Financial Secretary-Treasurer and Business Representative (s) to be used in the performance of their duties. All operation and maintenance costs are to be borne by Local No. 17. Vehicles are to be replaced as wear and tear would determine. The automobiles are to be purchased by the Business Manager/Financial Secretary-Treasurer with the approval of the Executive Board. SECTION 3. In lieu of Section 2 above, at the discretion of the Business Manager/Financial Secretary-Treasurer and with the approval of the Executive Board, Local No. 17 may reimburse the Business Manager/Financial Secretary-Treasurer and/or any Business Representative (s) at a reasonable level when they use their own vehicles in the performance of their duties.SECTION 4. The Business Manager/Financial Secretary-Treasurer shall receive ten percent (10%) above the Foreman rate of wages in addition to all fringe benefits based on the highest Working Agreement within the Local for straight time hours per week. The Business Representative (s) shall receive the Foreman rate of wages in addition to all fringe benefits based on the highest Working agreement within the Local for straight time per hours. SECTION 5. Reasonable and customary expenses incurred in the performance of their duties by the Business Manager/Financial Secretary-Treasurer, Assistant to the Business Manager and Business Representatives shall be paid. If expenses of the Business Manager/Financial Secretary-Treasurer, Assistant to the Business Manager and Business Representatives exceed reasonable and customary expense, all such expenses shall be itemized and submitted on expense vouchers to the Executive Board for their consideration and approval. SECTION 6. The Local Union shall contribute to the Plumbing and Pipefitting Industry Health and Welfare Trust Fund, Pension Fund and any other negotiated funds for its full time member employees of Local No. 17 in any amount equal to payments being made by employers for journeyperson members in accordance with provisions contained in our current labor agreement. SECTION 7. The Business Manager/Financial Secretary-Treasurer shall have the authority to layoff or terminate any employee of the Local Union. ARTICLE XIV BONDING The Business Manager/Financial Secretary-Treasurer, Assistant to the Business Manager, Business Representative (s), or any member or other persons funds of Local No. 17 shall be bonded to comply with the law. The premium charges for such bonds shall be paid by the Local Union. ARTICLE XV CONTRIBUTIONS SECTION 1. No monies or property of the Local Union shall be donated for any purpose whatsoever unless approved by the Executive Board. If the value of the monies or property to be donated is greater than two hundred ($200.00) dollars then the donation shall in addition be approved by the membership. SECTION 2. A political action committee may be endorsed by the Local Union, in compliance with the United Association Constitution but the committee shall remain separate from the Local Union, and unless authorized in accordance with applicable law, no funds of Local Union No. 17 may be contributed to such committee.ARTICLE XV COUNCILS AND COMMITTEES SECTION 1. The Business Manager/Financial Secretary-Treasurer of the Local shall appoint the delegates to the various Building Trades and Central Labor Councils from members who volunteer to attend the meetings. The delegates to the various councils shall attend every meeting in said bodies and take care of the Local’s interests. Any delegates not attending three (3) consecutive meetings shall be replaced by another member. All committee appointees who miss more than three (3) consecutive meetings without just cause shall be replaced by the Business Manager/Financial Secretary-Treasurer. ARTICLE XVII AFFILIATION Local Union 17 may affiliate with any organization which has for its objective improvement of organized labor or which, in the opinion of the Local Union No. 17 and its members directly or indirectly. ARTICLE XVIII DUTIES OF MEMBERS SECTION 1. No member of this Local Union shall work for less than the regular rate of wages decided upon by this Local Union. SECTION 2. A member shall not work contrary to or in violation of the terms and conditions of any Collective Bargaining Agreement entered into either by Local Union No. 17 or the United Association. A member violating this section shall be disciplined under the United Association Constitution by fine, suspension or expulsion. SECTION 3. Every member of Local Union No. 17 shall at all times fully protect the work coming under jurisdiction of Local Union No. 17. SECTION 4. Every member of Local Union No. 17 shall familiarize himself with the United Association Constitution and By-Laws; also the Working Rules and Agreement and By-Laws of Local Union No. 17. Failure to do so will be no excuse if found guilty under any of the sections or articles.SECTION 5. No member shall work any overtime for the straight time rate of pay, unless provided for in a Collective Bargaining Agreement. Any member who violates any of the provisions of this section shall be subject to a minimum of fifty ($50.00) dollars fine after charges as provided in Section 211 of the United Association Constitution. SECTION 6. No member of Local Union No. 17 shall donate his time or work on any project or cause for charity unless it is done with the approval of the Business Manager/Financial Secretary-Treasurer. SECTION 7. No member of Local Union No. 17 of the United Association shall perform any work coming under the jurisdiction of Local Union No. 17 except in regular employment hours for signers of this Agreement and, any member found guilty of violating this provision, shall be fined not less than five hundred ($500.00) dollars. SECTION 8. Members will be permitted to work only for employers who have legitimate places of business. SECTION 9. No member of Local Union No. 17 will be allowed to contract, sub-contract; do piece work, or trade work. SECTION 10. No member shall hang around shops or jobs at any time waiting for work, visiting or loafing. Such practices tend to cause suspicion and ill feelings and works to the disadvantage of the Union. SECTION 11. No member of Local Union No. 17 shall furnish an automobile or any conveyance for any purpose other than to convey himself to and from work. SECTION 12. No member of Local Union No. 17 shall cross or work behind a lawful picket line sanctioned by the Local Union No. 17. SECTION 13. All members of Local Union No. 17 shall report to Local Union office and fill out necessary job referrals and authorization forms before reporting to employer for work. SECTION 14. All members who are out of work or laid off shall report to Local Union office and sign the out of work list.ARTICLE XIX VIOLATION OF MEMBERSHIP DUTIES Any member who violates any provisions contained in either these By-Laws or the United Association Constitution shall be subject to being charged and tried as provided in the United Association Constitution. All members shall have the right to appeal any discipline imposed through procedures outlined in the United Association Constitution. Local Union No. 17 may enforce in any court or agency of competent jurisdiction any discipline imposed by it on its members. ARTICLE XX NEGOTIATIONS, AGREEMENTS AND STRIKES SECTION 1. The Negotiation Committee shall consist of the Business Manager/Financial Secretary-Treasurer, and at least three (3) other members to be selected by the Business Manager/Financial Secretary-Treasurer. The composition of the Negotiation Committee may be changed from time to time by the Business Manager/Financial Secretary-Treasurer. The Committee shall not exceed four (4) in number. SECTION 2. The Negotiation Committee can extend the term of a Collective Bargaining Agreement at its discretion in order to complete negotiation of an agreement. A strike vote can only be taken upon the recommendation of the Negotiation Committee. SECTION 3. Strike votes shall be by secret ballot, at specially called meeting with notice to all members. SECTION 4. Ratification of the Collective Bargaining Agreement shall be by vote of the membership. Ratification shall be at a regular or special call meeting or by mail ballot at the discretion of the Negotiation Committee. Only members working under the Collective Bargaining Agreement shall be eligible to vote. ARTICLE XXI TRUSTEES Local Union No. 17 shall designate members who are either Officers or Business Representatives of the Local Union to act as Trustees of the Health and Welfare Trust Funds. Pension Trust Funds, Apprenticeship/Training Trust Funds, and any/or any other Trust Funds that may be established. Local Union No. 17 shall designate the Business Manager/Financial Secretary-Treasurer, currently in office, to be a trustee on each of the aforementioned Trust Funds by virtue of the office. The Business Manager/Financial Secretary-Treasurer on behalf of Local Union No. 17 shall be empowered to appoint and remove all members who act as trustees. ARTICLE XXII EXHAUSTION OF REMEDIES SECTION 1. All articles in conflict with, or not covered by these By-Laws, shall be governed by the United Association Constitution. SECTION 2. Local Union No. 17 hereby adopts and incorporates by reference as though fully set forth herein the provisions of the United Association Constitution, and as it may be interpreted, modified or amended from time to time to the extent that such provisions are applicable to Local Union matters or affairs. ARTICLE XXIII INTERNATIONAL CONSTITUTION SECTION 1. All Articles in conflict with, or not covered by these By-Laws shall be governed by the United Association Constitution. SECTION 2. Local Union No. 17 hereby adopts and incorporates by reference, as though fully set forth herein the provisions of the United Association Constitution, and as it may be interpreted, modified or amended from time to time to the extent that such provisions are applicable to Local Union matters or affairs. ARTICLE XXIV SAVINGS CLAUSE SECTION 1. If any provision of these By-Laws shall be declared invalid or inoperative by any competent authority of the Executive, Judicial or Administrative Branch of the Federal or State Government, the Local Union Executive Board shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place a provision which will meet the objections to its validity and which will be in accordance with the intent and purposes of the invalid provision. SECTION 2. If any article or section of these By-Laws should be held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of these By-Laws or the application of such article or section to persons or circumstances other than those to which it has been held invalid shall not be affected thereby.ARTICLE XXV AMENDMENT SECTION 1. Any part of these By-Laws may be amended or repealed in accordance with the following procedure. All proposed amendments shall be submitted to the President in writing at a regular membership meeting. The President shall read the proposed amendment to the membership along with the name (s) of the member (s) proposing the amendment. The proposed amendment shall be submitted to a By-Laws Committee. The By-Laws Committee, within sixty (60) days, shall prepare a report and recommendation on the proposed amendment and conduct a secret ballot vote of the membership on the amendment. The rules for the secret ballot vote shall be established by the Election Committee. Approval of an amendment to the By-Laws shall require the affirmative vote of two-thirds (2/3) of the members voting. The By-Laws Committee shall consist of Business-Manager/Financial Secretary-Treasurer, President, Vice President and Chairman of the Finance Committee. A member at large shall also be appointed by the Business Manager. The Business Manager shall be the Chairman of the By-Laws Committee. ARTICLE XXVI PLEDGE Each applicant, before becoming a member of Local Union No. 17, shall take the following pledge or oath of obligation: "I, (state name) ___________, in the presence of this Local Union, do truly promise and pledge my word of honor that I am familiar with the provisions and requirements of the Constitution and By-Laws of the United Association and that I will not perform any act in any way prejudicial to the best interest of the United Association, but will at all times endeavor to promote its prosperity and usefulness. I hereby agree to remain loyal and true to the principles and policies and to be governed by the Constitution and By-Laws and Ritual of the United Association and the Local Union in any and all matters now or that may hereafter be included therein. I further pledge that I will faithfully attend all meetings of the Local Union unless prevented by sickness or other causes beyond my control. I will at all times assist members of the United Association to the extent of my ability, defend them when unjustly treated or slandered, and cultivate for each and every member the warmest friendship and brother/ sisterly love. I will assist unfortunate or distressed members to procure employment." "I do further promise and swear that I am not a member of any organization advocating the overthrow by force and violence of the government of the United States or Canada." "I take this obligation voluntarily, without any mental reservation, and bind myself until death under the penalty of scorn due to moral perjury and violated honor as one of unworthy trust or assistance." ARTICLE XXVII MISCELLANEOUS SECTION 1. The conduct of meeting of the Local Union shall be governed byRoberts Rules of Order and common sense. SECTION 2. The President and/or Chairman of the Election Committee, in orderto enforce on all occasions the observance of order or decorum among the members, shall have the right to fine any member twenty ($20.00) dollars for each offense or expulsion from the meeting or election. SECTION 3. All foregoing rules shall be interpreted in a practical and common sense matter, especially in cases of emergency. SECTION 4. Where used in these By-Laws, words in the masculine will also be constructed as in the feminine gender. SECTION 5. As of February 1, 1995 Sick Benefit Fund to cease and desist. All funds to be diverted into the General Fund for the good and welfare of the Local Union. SECTION 6. As of June 15, 1993 upon the death of a member in good standing, each member will be assessed the sum of $10.00. The beneficiary of the deceased member will receive $1,000 from the Local. After a reserve of $3,000 is built up the next 3 death assessments will be free. SECTION 7. All Members of this Local Union will adhere to the UA Standards for Excellence as if entered herein verbatim. Adopted by this Local Union February 2007. Article XXVIII POLICY PROHIBITING DISCRIMINATION Plumbers Local No. 17 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada is committed to equal employment opportunities for and fair representation of its member’s, and it will not tolerate illegal discrimination or harassment in the representation of members. The recruitment, training, referral and representation of members will be without discrimination on the basis of race, color, sex, age (40 or older), disability, religion, national origin or any other classification protected by Federal, State or Local law. The Business Manager of Local 17 is responsible for implementing and enforcing this policy. Illegal harassment because of sex, race, religion, national origin, age, or disability involves unwelcome comments or other conduct concerning someone’s sex, race, religion, national origin, age (40 or older), or disability that is frequent enough or severe enough to affect the representation of a member. Illegal racial harassment is unwelcome racial language or other racial conduct that is frequent enough or severe enough to affect the representation of a member. Some examples of racial harassment include making offensive racial comments, like using racial slurs or calling people offensive racial names (such as using the word "boy" to refer to an African American man); telling "jokes" involving offensive racial language; engaging in tricks or pranks or "jokes" that involve offensive racial conduct; showing offensive racial photographs, drawings, or computer images; or sending emails or text messages containing offensive racial words, photographs, or drawings. Illegal sexual harassment is unwelcome sexual language or other sexual conduct that is frequent enough or severe enough to affect the representation of a member. Some examples of sexual harassment include sexual touching; making sexual comments, requests, or demands for sex; talking about sex; showing sexual photographs, drawings, or computer images; pranks or "jokes" involving sexual language or other sexual conduct; or sending emails or text messages containing sexual words, photographs, or drawings. Any member who feels the Union has discriminated against him/her in recruitment, training, referral or representation should report it immediately to Frank Rodgers, Business Manager at (901) 368-0900, or Tim Taylor Attorney at Law at (901)-528-1702 The Law Offices of Godwin, Morris, Laurenzi and Bloomfield P.C.. All such complaints will be promptly and thoroughly investigated in as impartial and confidential manner as possible. A timely resolution of each complaint will be reached and communicated to the parties. If a complaint of discrimination and/or harassment is found to be valid, immediate and appropriate corrective action will be taken. Any member who feels that an Employer has discriminated against or harassed him/her in employment should report it immediately to any of the Employer’s foremen or supervisory personnel, regardless of whether the person who engaged in the discrimination or harassment is a co-worker, supervisor or non-employee. Any member who feels that an Employer discharged him/her without just cause must promptly file within five (5) days all grounds for his/her grievance, in writing, with the Joint Grievance Committee through Local 17 or the Mechanical Contractors Association of Memphis, Inc. The grievance will then proceed pursuant to the Grievance Procedure set forth in the Collective Bargaining Agreement between the Mechanical Contractors Association of Memphis, Inc. and other Mechanical Contractors, and Plumbers Local Union No. 17. |