BYLAWS OF THE
TEAMSTERS' JOINT COUNCIL NO.7 SAN FRANCISCO AND VICINITY

Organized November 18, 1907 Revised February 17, 1970

 
BYLAWS

TEAMSTERS' JOINT COUNCIL NO.7

ARTICLE I.

Name and Objectives

Section 1. This organization shall be known as Teamsters' Joint Council No.7. It exists pursuant to and in accordance with the authority provided in the Constitution of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Section 2. The objects of Joint Council No.7 shall be:

To assist in the formation of local unions within its jurisdiction, and to unite existing local unions within its jurisdiction, so that a brotherhood may be formed for the defense of its members and for the protection of the interests of laboring people;

To discuss and examine all questions affecting the general interest of the local unions affiliated with it, and their members, and to take such action as will promote the interests of such locals and their members;

To assist the local unions affiliated with it in obtaining reasonable hours, fair wages and improved working conditions for their members;

To support civic, political, educational, charitable, fraternal, and social causes which are in the interests of its membership, and to join with other organizations for such purposes; and

To carry out its responsibilities and powers as vested in it by the International Constitution.

Section 3. It is recognized that the problems with which this labor organization is accustomed to deal with are not limited to unionism or to organization and collective bargaining alone, but encompass a broad spectrum of economic and social objectives as set forth above and as the Joint Council may determine from time to time; we, therefore, determine and assert that the participation of this labor organization, individually and with other organizations, in the pursuit and attainment of the objectives set forth herein, are for the sole benefit of the organization and its members.

ARTICLE II

Jurisdiction and Representation

Section 1. The geographical jurisdiction of this Joint Council shall be in the area of Northern California specified by the Executive Board of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. All local unions within the jurisdiction of this Joint Council shall affiliate with it, comply with its Bylaws, and its lawful directives and resolutions.
 
 

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Section 2. The principal office and business headquarters of the Joint Council shall be located in San Francisco, California.

Section 3. Each local union affiliated with the Joint Council shall be entitled to be represented in the Joint Council by seven (7) delegates, consisting of the following elected officers of such local unions: President, Vice-President, Secretary-Treasurer, Recording Secretary, and three (3) Trustees. Business agents of the local unions shall be eligible to attend meetings of the Joint Council, and shall have the right to speak on any subject, but shall not be permitted to make, second or vote on any motion presented to the body, or to vote in its elections.

Section 4. Alternate or substitute delegates will not be permitted to attend the meetings of the Joint Council.

Section 5. Any delegate to the Joint Council who does not attend at least twenty-five percent (25%) of the regularly scheduled meetings of the Joint Council in any one calendar year, unless excused by a majority of the delegates of the Joint Council present and seated, shall be disqualified as a delegate to the Joint Council for the balance of his term of office in the local unions.
 
 

ARTICLE III

Officers

Section 1. The officers of the Joint Council shall be a President, a Vice-President, a Secretary-Treasurer, a Recording Secretary, and three (3) Trustees.

Section 2. The above-named officers shall be delegates to the Joint Council and shall constitute the Executive Board of the Joint Council.

Section 3. The President of the Joint Council shall appoint a Conductor and Warden to serve during the term of the elected officers.

Section 4. Where required, officers of the Joint Council shall be bonded as required by law.
 
 

ARTICLE IV

Nominations and Eligibility for Office

Section 1. Nominations for elected office shall be made at the regular meeting prior to the meeting at which the election is to be held.
 
 

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Section 2. Nominations shall be made in the following order: President, Vice President, Secretary-Treasurer, Recording Secretary and three (3) Trustees.
 
 

Section 3. Officers shall be elected from the delegates to the Joint Council. To be eligible for office, a delegate must be in continuous good standing in the local in which he is a member for a period of twenty-four (24) consecutive months prior to nomination, as prescribed in the International Constitution, and the local of which he is a member must be in good standing with the Joint Council at the time of his nomination.

Section 4. A nominee may decline nomination. Nominations may be made of eligible delegates who are not present only if a written and signed consent to be nominated is presented to the presiding officer at the nomination meeting.

Section 5. The Secretary-Treasurer of the Joint Council shall verify the eligibility for office of all nominees, and present his findings to the Executive Board prior to the election. The Executive Board shall certify the eligible nominees to the President, and only such nominees shall be presented to the Joint Council for voting.

Section 6. Protests by any delegate as to the question of eligibility of a nominee shall be made in accordance with the procedures set forth in Article V, Section 7, of these Bylaws.

ARTICLE V

Elections

Section 1. Regular elections shall be held at the February meeting of the Joint Council in years during which the regular term of office of the officers expires. The regular term of office is four (4) years.

Section 2. Not less than fifteen (15) days prior to the election, notice thereof shall be given to delegates in accordance with the requirements of the Labor Management Disclosure Act.

Section 3. In the event of the death, resignation or other termination of an officer, the Executive Board shall appoint a delegate to serve the remainder of the term of the office.

Section 4. Voting shall be by secret ballot. Each delegate in good standing with his local shall be entitled to one (1) vote, provided that his local is in good standing with the Joint Council. Proxy or absentee or write-in voting shall not be permitted. Ballots shall be collected and counted by three (3) tellers appointed by the Chair. The nominee for each office who receives the most ballots of those cast shall be declared elected and installed immediately.
 
 

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Section 5. The procedures stated in Section 4 above, shall not be applicable where there is a single nominee for a particular office. In such case, the Chairman shall cast a white ballot for the nominee, who shall be declared elected.

Section 6. No delegate may be nominated for or hold more than one office.

Section 7. Any complaint, protest, or charge by any delegate concerning the conduct of a Joint Council election shall be made to the General President in writing, by registered or certified mall, within forty-eight (48) hours setting forth the exact nature and specifications of the complaint, protest or charge and his claim as to how it has affected the outcome of the election. The General President shall decide such complaint, protest or charge. The decision of the General President may be appealed to the General Executive Board from whose decision there shall be no further appeal.

Section 8. No delegate shall resort to proceedings before any court, administrative agency, or governmental official until he has exhausted the remedies provided above and in the Constitution of the International Union. In cases where a delegate has failed to comply with this provision, all costs and expenses incurred by the Joint Council shall be assessed against such individual delegate in the nature of a fine, subject to all penalties applicable where fines remain unpaid.

Section 9. No delegate shall resort to proceedings before any court, administrative agency, or governmental official until he has exhausted the remedies provided above.

Section 10. In the event an election is declared invalid in accordance with the procedures prescribed herein, the Executive Board of the Joint Council shall provide for a special election as soon as practicable to fill the office of offices involved. Such special election shall be conducted in accordance with the applicable provisions of Articles IV and V of these Bylaws.

ARTICLE VI

Duties and Powers of the President

Section 1. The President of the Joint Council shall preside over all Council and Executive

Board meetings, and shall preserve order and conduct such meetings in accordance with these

Bylaws, the International Constitution and the rules and practices of Parliamentary usage. He

shall cast the deciding vote in case of tie, and shall decide all points of order and procedure.

Section 2. The President shall have authority to call special meetings of the Joint Council or the Executive Board, to appoint all committees, to serve on all committees by virtue of his office, and to appoint a Warden and Conductor.
 
 

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Section 3. The President shall countersign all checks for withdrawal of funds from the accounts of the Joint Council, and shall perform such other duties as the International Constitution and the Bylaws of the Joint Council may require of him.

Section 4. The President shall, by virtue of his office, attend all meetings and conferences to which the Joint Council is entitled to send delegates, and shall appoint an alternate in the event he cannot attend.
 
 

ARTICLE VII

Duties of the Vice-President

Section 1. It shall be the duty of the Vice President, in the absence of the President, to preside at meetings of the Joint Council and the Executive Board, and to perform all duties pertaining to the office of President.

Section 2. President as may be required.

It shall also be the duty of the Vice President to render such assistance to the

ARTICLE VIII

Duties of the Recording Secretary

Section 1. It shall be the duty of the Recording Secretary to call the roll at meetings of the

Joint Council and the Executive Board, to keep a correct record of the proceedings of the Joint

Council, and to keep a current record of the delegates to the Joint Council.

Section 2. The Recording Secretary shall have charge of the property of the Joint Council not otherwise provided for, and shall be responsible for its safekeeping. He shall promptly deliver all such property and books of the Joint Council to his successor in office.

Section 3. The Recording Secretary shall report to the Executive Board and the Joint Council respecting communications received, and shall carry on such correspondence for the Joint Council as the Executive Board or the President directs. He shall sign all official documents when instructed to do so.

ARTICLE IX

Duties of the Secretary-Treasurer

Section 1. The Secretary-Treasurer shall receive all monies due the Joint Council and shall deposit the same in such bank or banks as the Executive Board shall direct, in the name of the Joint Council. Upon presentation of a voucher signed by the President, he shall pay all bills and expenditures approved by the Joint Council or the Executive Board, as the case may be, and
 
 

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shall have authority to sign checks drawn on accounts of the Joint Council.

Section 2. The Secretary-Treasurer shall keep full and accurate books and records of the finances of the Joint Council, and shall make such reports relating thereto as the Joint Council and the Executive Board shall require. The books and records of the Joint Council shall be made available to the Trustees for inspection as required.

Section 3. The Secretary-Treasurer shall cause the books of the Joint Council to be audited annually by a Certified Public Accountant, and shall submit such audit to the Trustees. Each year the Secretary-Treasurer shall also distribute a copy of such annual audit, following approval by the Trustees, to each union affiliated with the Joint Council.

Section 4. The Secretary-Treasurer shall give proper notice to any affiliated local of

arrearages in per capita tax.

Section 5. The Secretary-Treasurer shall be custodian of the books and records pertaining to the financial transactions of the Joint Council, and shall promptly deliver them to his successor in office.

ARTICLE X

Duties of the Trustees

Section 1. It shall be the duty of the Trustees to exercise general supervision over the property of the Joint Council, and to make periodic examinations of the books and records of the Joint Council.

Section 2. The annual audit shall be submitted to the Trustees, and if they find it in order they shall approve it. They shall have the authority to check the audit against the books and records of the Joint Council.

ARTICLE XI

The Executive Board

Section 1. The Executive Board shall have authority to transact the business of the Joint Council between meetings of the delegates, and pursuant thereto to exercise all powers and authorities otherwise vested in the Joint Council.

Section 2. The Executive Board shall also perform such duties as the Joint Council, by resolution or motion, shall impose upon it.
 
 

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Section 3. The Executive Board when not in formal session may act by telephone, telegram or letter. The President shall determine whether to bring a matter before the Executive Board by such communication. Action taken by a majority of the members of the Executive Board in this manner shall constitute action of the Board as though in formal session.

Section 4. The presence of a majority of the Executive Board members shall constitute a quorum.

Section 5. The Executive Board shall approve expense vouchers submitted by officers or delegates of the Joint Council in the course of their duties on behalf of the Joint Council.
 
 

Section 6. The Executive Board shall authorize expenditures for supplies, equipment and other purchases made for use in the conduct of the Joint Council's business.

ARTICLE XII

Meetings of the Joint Council

Section 1. All powers and authorities to act for the Joint Council, not otherwise specifically delegated by these Bylaws, shall be exercised by the Joint Council in a meeting of its delegates.

Section 2. Regular meetings of the Joint Council shall be held the first Tuesday of each month, excluding legal holidays, unless otherwise provided by the Joint Council.

Section 3. Thirty (30) eligible delegates present from at least ten (10) affiliated locals shall constitute a quorum at a Joint Council meeting.

Section 4. The order of business shall be prescribed by the Executive Board, and shall be followed by the President in the absence of a duly passed motion to dispense with the regular order of business.
 
 

ARTICLE XIII

Revenue




Section 1. On or after April 1, 1992, each Local Union affiliated with the Joint Council shall make a per capita monthly payment to the Joint Council in the amount of $1.45.

On or after January 1, 1993, monthly per capita payments shall be in the amount of $1.60.
 
 

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Per capita payments to be distributed as follows:

Operating Fund

Legislative Service

Economic and Legal Service

Said sum shall be paid not later than the 15th day of the month following that for which it is due.

Section 2. Increase in per capita tax or adoption of increases in assessments shall be introduced and acted upon in the manner provided for amending these Bylaws. Such matters shall be voted on by secret ballot.

Section 3. Any local union becoming three (3) months in arrears in per capita tax or assessments shall stand suspended, and the delegates from such organizations shall have no voice in any meeting until arrearages have been paid in full. In special circumstances the Executive Board may remove the applicability of this section, and make arrangements for the payment in full of arrearages without suspension of a local.
 
 


ARTICLE XIV

Compensation, Expenses and Allowances

Section 1. The existing compensation being paid to members of the Executive Board at the time these Bylaws become effective shall continue in effect. Any modifications to such compensation, or other payments for services performed for the Joint Council, shall be determined by the Joint Council following recommendation of the Executive Board.

Section 2. Expenses incurred by members of the Executive Board or others in the performance of authorized Joint Council business shall be paid upon approval by the Executive Board.

Section 3. Allowances for travel or other purposes related to Joint Council business, or to furthering the interests of the Joint Council, shall be fixed by the Joint Council. Provision for the purchase or use of automobiles in connection with Joint Council business may be made by the Joint Council in its discretion.

ARTICLE XV

Collective Bargaining Contracts

Proposed collective bargaining contracts or amendments thereto and final agreements shall be
 
 

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treated in accordance with the procedures set forth in Article XII, Section 11, of the International Constitution.
 
 

ARTICLE XVI

Strike Sanction Section 1. Prior to a local union becoming involved in a strike, picketing, boycott, lawsuit or any serious difficulty, such local union shall notify the Joint Council, through the Recording Secretary, of the difficulty and the action it wishes to take, and shall request Joint Council sanction.

Section 2. Upon receiving notification as provided in Section 1 of this Article, the Recording Secretary shall transmit such communication to the Executive Board.

The Executive Board may recommend approval or disapproval to the Joint Council of the proposed action, or request further information from the local union, or, if the situation warrants and there is not time in which to place the matter before a meeting of the Joint Council, may approve or reject the local union's request for sanction. Joint Council sanction need not be given where requested by an affiliated local which is not in good standing with the Joint Council.
 
 
 
 

Section 3. The President of the Joint Council shall have authority to appoint a committee of Joint Council delegates to assist the local union which has requested strike sanction in the resolution of the difficulty.

Section 4. No local union affiliated with the Joint Council shall have authority to enter into or prosecute a strike or other economic activity against an employer without the approval of the Joint Council, as provided in this Article. Failure to comply with this action shall be cause for such disciplinary action as the Joint Council, upon recommendation of the Executive Board, shall impose.

Section 5. Labor organizations not affiliated with the International Brotherhood of Teamsters may request approval of the Joint Council for strikes, picketing or other economic action carried on by such organizations. Such requests for approval will be processed in the same manner as requests for Joint Council sanction by affiliated locals. No local affiliated with the Joint Council has any obligation to respect such picket lines or to cooperate with non-affiliated locals in the absence of Joint Council approval of such action.
 
 


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ARTICLE XVII

Affiliation Outside Joint Council

Any local affiliated with the Joint Council wishing to associate itself with one or more Teamsters locals not affiliated with the Joint Council, or with any non-Teamster labor organization, for the purpose of contract negotiations, joint economic activity, or other joint action, shall first seek and obtain the approval of the Executive Board of the Joint Council.

ARTICLE XVIII

Judicial Powers

Section 1. all questions XII, Section

The Joint Council, through its Executive Board, shall have full power to adjust of jurisdiction between local unions affiliated with it, in accordance with Article 12 of the International Constitution.

Section 2. Whenever a question of jurisdiction shall arise between two affiliated local unions, either of them may request a hearing before the Executive Board respecting such question. In appropriate circumstances, the Executive Board may, on its own motion, hold such a hearing in the absence of a request of any of the locals involved. Representatives of the locals involved shall be given opportunity to attend and present their case in any such hearing. There shall be no work stoppage or other economic action taken prior to determination of the Executive Board.

Section 3. The decision of the Executive Board respecting jurisdictional controversies shall be final, except that any of the locals involved which is not satisfied with such decision may appeal to the General President in accordance with the provisions of the International Constitution, and, pending such appeal, the appealing local shall comply with the obligations set forth in Section 12, Article XII of the International Constitution.

Section 4. The Executive Board shall have power to try cases against local unions affiliated with it, to hear appeals by members, to try individual cases which affiliated local unions refuse or neglect to try, and hear cases appealed from affiliated local unions as provided in the International Constitution.

Section 5. Application for a hearing under Section 4 of this Article shall be made in writing and directed to the Secretary-Treasurer. In appeal cases, such application shall be made within fifteen (15) days from the date of the decision of the Local Executive Board. A copy of any such
 
 

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charges involved and the decision of any local executive board shall accompany the application.

Section,6. Upon receipt of an application for hearing, the Secretary-Treasurer shall transmit to the President, which shall fix a date for hearing. All parties involved shall be notified by registered or certified mail of the date of hearing at least ten (10) days in advance thereof, and the respondent party or parties shall at the same time be furnished with a copy of the application, charges and other materials presented to the Executive Board.

Section 7. The Executive Board shall have authority to prescribe the manner and procedure in which it will bear eases authorized by this Article. Professional attorneys will not be permitted to represent either the charging or defending party to a dispute coming before the Executive Board, but each party shall have the right to select a member of an affiliated local union to assist him in the presentation of his ease. The Executive Board may in its discretion have Joint Council attorneys at the hearing to advise it.

Section 8. Upon the conclusion of a hearing in a case before it pursuant to Section 4 of this Article, the Executive Board shall render its decision sustaining, modifying, or making other suitable disposition of decisions before it upon review, and imposing penalties or dismissing the charges in cases of original jurisdiction. All interested parties shall be notified in writing of the Executive Board's determination.

Section 9. The decision of the Executive Board in cases arising under Section 4 of this Article shall be final and binding upon the parties, except that an aggrieved party may take an appeal in accordance with the provisions of Article XIX of the International Constitution. Such appeal shall not stay the decision of the Joint Council.

ARTICLE XIX

Legal Expenses

The Joint Council is authorized to pay all the expenses for investigating services, employment of all counsel and other necessary expenditures in any cause, matter, case or cases where an officer, representative, employee, agent or one charged with acting on behalf of the Joint Council is charged with any violation or violations of any law or is sued in any civil action (1) if a majority of the Executive Board of the Joint Council, subject to the approval of a majority of the delegates present and voting at a regular Joint Council meeting, determines that said charges or lawsuits are (a) unfounded or (13) are politically motivated, or (c) were filed in bad faith in an attempt to embarrass or destroy the Union or the Union officer or representative, (2) or if a majority of the delegates present and voting at a regular Joint Council meeting, determines that the expenditure should be made.

ARTICLE XX

Amendments
 
 

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Section 1. The Joint Council Executive Board or any local union with approval of its membership may propose amendments to these Bylaws. The proposed amendments must be made in writing and submitted at a regular meeting of the delegates. They shall be read at that meeting, and acted upon at the next meeting of the delegates; provided however, that in connection with any proposed amendment to increase the dues or per capita tax or to impose any general or special assessment, at least thirty (30) days' written notice must be given prior to the meeting at which such amendment is to be voted upon, such notice to be sent to the principal office of each member local union.

Section 2. Amendments approved by a majority vote of the delegates present and voting at the meeting at which such amendments are voted upon shall be sent to the General President of the International Union for approval, and upon such approval shall be in full force and effect.

ARTICLE XXI

These Bylaws shall become effective upon approval of the General President of the International Union, following adoption by the Joint Council.

ARTICLE XXII

Savings Clause

If any Article or Section of these Bylaws should be held invalid by operation of law or any tribunal of competent jurisdiction, the remainder of these Bylaws or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid, shall not be affected thereby.

Approved by:

Frank E. Fitzsimmons

General Vice President

February 17, 1970

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