1.  Opening

2.  Roll Call of Officers

3.  Minutes of Previous Meeting

4.  Proposals for Membership

5.  Initiation

6.  Communications

7.  Reports of Delegates and Committees

8.  Unfinished Business

9.  New Business

10. Nominations, Election and Installation of Officers

11. Good and Welfare of the Union

12. Auditor’s Report

13. Adjournment

PREAMBLEWhereas, it is one of the privileges and has become the custom for citizens who have common interests to protect, and rights to reserve to form themselves into societies any associations for their mutual benefits and benevolent purposes; and since the Teamsters Automotive Employees' of this community have struggled individually, without success, for years, for a proper recognition of their rights, and feel that they, as a body, form no inconsiderable portion of the citizens of this area, and are, therefore, entitled to a full hearing and fair consideration of their just demands and fully appreciating the adage that "in Union there is Strength", therefore, we the Teamsters Automotive Employees' have formed ourselves into a union known as the Teamsters Automotive Employees' Union of Alameda, Napa and Solano Counties, and we invite all those engaged at our craft in this area to join with us for our mutual benefit and protection.
 

This Union shall be known as the Teamsters Automotive Employees' Union, Local No. 78, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
 

JURISDICTION

The jurisdiction of this Local Union shall be as determined by the International Union from timeto time, subject to the approval of the General Executive Board.

PRINCIPAL OFFICE

The principal office of this organization shall be located in the County of Alameda, State of California. The organization may have such other offices within the State of California as the Executive Board may require from time to time subject to approval of the General Executive Board.
 

SECTION 1. The objects of this Local Union shall be:
 
 

       D) To provide educational advancement and training for employees, members and officers;
 
 

         I) To protect and preserve the Union as an institution and to perform its legal and contractual obligations;
 
 

SECTION l. Eligibility to membership shall be as set forth in the International Constitution and applicants for membership shall comply with and be subject to the requirements imposed by these By-Laws and the International Constitution. Every applicant to membership in this Union must be employed in the craft or the various employment's over which this Union has jurisdiction.

SECTION 2. An applicant shall be considered a member when he shall meet all the following requirements for membership:
 
 

A) Written application for membership.

 

B) Tender of the initiation fee within 30 days after signing the application. Part payment may be made on the initiation fee provided that the fee be paid in full 30 days after the signing of the application.
 
 

D) Taking the obligation at the regular meeting following the action upon his application.

In the event the applicant shall fail to take the obligation within a reasonable time following the acceptance of his application, he shall forfeit the monies tendered, except for good cause shown. All initiation money left on deposit by default of the applicant shall be considered forfeited at the expiration of 30 days except for good cause shown. The first money received from an applicant for membership must be applied to the payment of dues for the month in which the applicant is first obligated to pay dues. If this Local Union permits an applicant to pay an initiation fee on a deferred basis, the installment payments must be allocated to first satisfy the members dues obligation. Membership for new members shall date from the first month for which dues are paid once full payment of the initiation fee is completed.

SECTION 3. A member shall lose his good standing in the organization by suspension or expulsion from membership after appropriate proceedings consistent with the By-Laws and this Constitution.

A) No member over thirty days in arrears for payment of dues will be eligible for benefits in case of strike or lockout.

B) All fines, assessment and other indebtedness must be paid before monthly dues are accepted from any member.

SECTION 5. A member, including a Local Union officer, who is receiving pension benefits

from any pension plan shall be considered to have retired. A retired Local Union officer shall

not be eligible to hold any office or posftion he occupies by virtue thereof, as of the effective date of his retirement. Nor shall a retired Local Union officer be eligible to hold any other office or employment with his Local Union. A withdrawal card shall be issued to any member, including a Local Union officer who has retired, except that a member who continues to work at the craft, excluding employment with his Local Union, shall be required to retain active membership.
 

SECTION 1. Every member by virtue of his membership in the Local Union is obligated to adhere to and follow the terms of the Union's By-Laws and the International Constitution with respect to his rights, duties, privileges and immunities, conferred by them an by status. Each member shall faithfully carry out such duties and obligations and shall not interfere with the

rights of fellow members.

SECTION 2. Every member by virtue of his membership in the Local Union, authorizes his Local Union to act as his exclusive bargaining representative with full and exclusive power to execute agreements with his employer governing terms and conditions of employment, and to act for him and have final authority in presenting, processing and adjusting any grievance, difficulty or dispute arising under a collective bargaining agreement or out of his employment with such employer in such manner as the Local Union or its officers deem to be in the best interest of the Local Union, all subject to ARTICLE XII and other applicable provisions of the International Constitution relating to such matters. The Local Union and its officers, business representatives and agents may decline to process any grievance, complaint, difficulty or dispute if in their reasonable judgment such grievance, complaint or dispute lacks merit. The provisions of ARTICLE XII, SECTION 2, relating to area, multi-area, national company wide or industry-wide contracts, shall supersede any provisions of this SECTION.

SECTION 3. No member shall interfere with the elected officers or business representatives or business agents of this organization in the performance of their duties and each member shall, when requested render such assistance and support in the performance of such duties as may be required by them, provided that this does not interfere with the individual's rights as a member. Each member shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the performance by this Union of its legal or contractual obligations.

SECTION 4. No member shall engage in dual unionism or expose dual unionism or disaffiliation in the course of any meeting, and shall not be a party to any activity to secure the disestablishment of the Union as the collective bargaining agent for any employee.

SECTION 5. No member shall be permitted at any assembly or meeting of other members to engage in any of the conduct herein above described.

SECTION 6. Every member shall follow the rules of order at all meetings of the Local Union.

SECTION 7. Membership in this Local Union shall not vest any member thereof with the right, title or interest in or to the funds, property or other assets belonging to the Local Union now or hereafter, and no member shall have a property right to membership in this organization.

SECTION 8. No member seeking to resign from membership in any Local Union may do so except by submitting such resignation in writing to the Secretary Treasurer of the Local Union. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Local Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Local Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.

SECTION 9. Each member shall be true and loyal to his Union and the labor cause; shall uphold and advocate the objects of organized labor; shall buy only merchandise and patronize only places displaying the Union label, house card and working button.

SECTION 10. (Deleted)

SECTION 11. (Deleted)

SECTION 12. All members must carry their dues receipt and identification card at all times and present the same upon demand by any authorized representative of the Union.

SECTION 13. No member of this Union who is steadily employed on a full time job will be allowed to work for any other employer except in the case of emergency, and then only when permission is asked and has been granted by the Secretary Treasurer or Business Agent. Members working on part time jobs may work for other employers provided that their total number of working hours shall not exceed the maximum of weekly hours as set forth in the agreement.

SECTION 14.

A) Upon the approval of these By-Laws by the General President, supervisor employees and such other classifications as the Local Union Executive Board May lawfully determine, shall take no part on committees selected to negotiate wages and working conditions with employers, and shall not be permitted to vote on any such agreement or on any vote to strike or take other action with respect to the agreement to which they may be subject or parties.

SECTION 1. Office of this Local Union shall consist of a President, Vice President, Secretary Treasurer, Recording Secretary, and three Trustees. These officers shall constitute the Executive Board of the Union. The term of office of all officers shall commence on the first of January in the year following the election.

SECTION 2. Any member shall be eligible to hold office in the Union who has been in continuous good standing for two (2) years. Continuous good standing for two (2) years shall mean that dues must have been paid on or before the last business day of the current month for twenty-four (24) consecutive months prior to nominations. This SECTION shall also apply to elections for delegates to the International Conventions.

SECTION 3. The President shall at the commencement of each term appoint a Conductor or

Warden.

SECTION 4. Any officer of this Union who absents himself for three consecutive meetings without proper excuse shall have his office declared vacant if found guilty, after changes are preferred, the proper trial held in accordance with ARTICLE XIX of the International Constitution.

SECTION 5. The officers, executive board, and delegates of this Local Union are eligible to serve as such shall be prescribed in the International Constitution and in these By-Laws.

SECTION 6. Shop Stewards shall be appointed by the officer or business agent responsible for that division, craft or contract, and approved by the Executive Board.

SECTION 1. It shall be the duty of the President to preside at meetings of this Union and the . Executive Board to preserve order therein, and to enforce the International Constitution, these By-Laws and the rules of order adopted by the Executive Board; he also has the right to serve on all committees by virtue of this office, and in general, shall perform all duties incident to the office of President, and such other duties as may be assigned by the Executive Board or principal executive officer and membership from time to time.

SECTION 2. The President shall decide all questions of order, subject to an appeal to the membership; shall have the fight to vote in the election of officers; shall cast the deciding vote when a tie occurs on any question; shall announce the result of all votes, and enforce all fines and penalties.

SECTION 3. He, together with the Secretary Treasurer shall sign all official documents, deeds, mortgages, bonds, contracts, or other instruments, all checks on the bank accounts, and to perform such other duties as the International Constitution and these By-Laws or law may require of him.

SECTION 4. The President shall appoint any and all committees, both general and special as may be required from time to time by this organization. The President shall appoint delegates to labor bodies when necessary.

SECTION 5. The President shall also be ex-officio Business Agent.

SECTION 6. The President shall have the right to appoint members of the Union to chair meetings and to preserve order therein.

It shall be the duty of the Vice President to preside at Union meetings in the absence of the President. He shall perform such other duties and render such assistance as may be directed by the Executive Board, the principal executive officer or by the President.

SECTION 1. The Secretary Treasurer shall be the Executive Officer of the Union and shall perform all the duties imposed upon Local Union Secretary Treasurer by the International Constitution and these By-Laws, and in general perform all duties incident to the office and such other duties as from time to time may be assigned to him by the Local Union Executive Board or the members by resolution. He shall see that all notice and reports shall be given in -accordance with the provisions of the International Constitution and these By-Laws or as required by law. He shall make at least quarterly a report at the membership meeting giving the financial standing including the assets and liabilities of the Local Union, and shall keep records, vouchers, work sheets, books and accounts and all resolutions to verify such reports.

SECTION 2. The Secretary Treasurer shall upon request of any member make available to the member a copy of the last annual report. He shall also make available for inspection by any member or members at the Local Union's principal office during regular business hours any prior annual report and any other document which is subject by statute to such inspection, provided, however, if copying is desired by any member, the matter shall be submitted to the membership at the next scheduled meeting. Membership lists may not be copied.

SECTION 3. The Secretary Treasurer shall have custody of the Local Union Seal and the records of the proceedings of all meetings of the Local Union and the Local Union Executive Board, as prepared by the Recording Secretary, or such person as is authorized to take such proceedings, and shall keep important documents, papers, correspondence as well as files on contracts and agreements with employers.

SECTION 4. Upon the request of any person in writing or made in person to the Secretary Treasurer during regular hours at the principal office, he shall provide one (1) copy of the collective bargaining agreement made by the Local Union with the employer of such person, if the person making such request establishes that he is an employee directly affected by such an agreement. The Secretary Treasurer may require a receipt from such person. He shall also maintain at the principal office of the Local Union copies of agreements made or received by the organization where another labor organization subordinate to the International Brotherhood of Teamsters has negotiated such a contract and the employees represented by this Local Union are directly affected by such agreement which agreements shall be available for inspection by any member or by any employee which establishes that his rights are affected by such agreement, during the regular hour maintained at the principal office of the Local Union.

SECTION 5. The Secretary Treasurer shall keep a correct account of all monies paid to and paid out by the Local Union and shall provide receipts for any dues, initiation fees or other fees, assessments or fines or other monies received. The Local Union Secretary Treasurer shall enter all receipts in the name of the Local Union and shall deposit all monies in accordance with ARTICLE X, SECTION 9, of the International Constitution.

SECTION 6. The Secretary Treasurer must report the names and addresses of all new members coming into the Local Union to the General Secretary Treasurer and shall send to the General Secretary Treasurer a revised list of the names and addresses of all members in good standing in the Local Union on a current basis. Membership lists shall not be open to inspection by any member except as and to the extent required by law.

SECTION 7. Whenever a Secretary Treasurer's term of office expires or is otherwise terminated he must see that his successor is properly bonded and a copy of the bond sent to the General Office before he transfers to his successor in office the funds, papers, documents, records, vouchers, worksheets, books, money and other property of the organization. All such records, vouchers, worksheets, receipts, books, reports and documents shall be preserved and retained at the Local Union's principal office for a period of six (6) years.

SECTION 8. The Secretary Treasurer shall have the authority to disburse or order the disbursement of all monies necessary to pay the bills, obligations and indebtedness of the Union, including such amounts which in his judgment will further the best interest of the Union, subject to the approval of the Executive Board.

SECTION 9. The Secretary Treasurer shall have general charge and supervision of all the officers and employees of this organization and shall have power to appoint, suspend, and discharge all business agents, organizers or other employees or professional assistants and service. He may designate any of the officers as business agents or assistant business agents. In all cases where the duties of the officers, business agents and employees are not specifically prescribed by these By-Laws, the Constitution, and resolutions of the Executive Board or the membership, they shall obey the directions and orders of the Secretary Treasurer.

SECTION 10. The Secretary Treasurer shall also have charge of all labor disputes involving this Union, subject to the provisions of the International Constitution and its Area Conference By-Laws.

SECTION 11. The Secretary Treasurer may take such action as in his judgment will further the best interests of the Union and its members which action shall include, but not be limited to, the expenditure of monies for such purposes, subject to the approval of the Executive Board. Such actions may include aid and assistance, monetary or otherwise to such other persons or organizations which the Secretary Treasurer may feel are deserving of such aid in the best interest of the labor movement, subject to the approval of the Executive Board.

SECTION 12. The Secretary Treasurer shall have authority to interpret these By-Laws and to decide all questions of law thereunder between meetings of the Executive Board.

SECTION 13. The Secretary Treasurer by virtue of his office shall be a delegate to all conventions of subordinate bodies and conferences where the Union is entitled to representation.

SECTION 14. The Secretary Treasurer shall provide each new member with a free copy of the International Constitution upon request. The Secretary Treasurer shall provide any member with a copy of the International Constitution and of these By-Laws.
 

It shall be the function of the Recording Secretary to attend general membership meeting of the Local Union and the Local Union Executive Board, and to keep minutes of the proceedings. He shall keep a record of the names of the members comprising each committee and handle all correspondence of the Local Union assigned by the Secretary Treasurer or authorized by membership resolution. In his absence the President shall appoint a member to act as Recording Secretary pro-tempo who shall have the duties set forth above. The President shall appoint a member or members to keep minutes of the meetings which are held by division or craft. The minutes of every meeting of the Local Union Executive Board and the Local Union shall be read and approved at the next following meeting of the member involved. Minutes of division or craft meetings shall be read and approved at the next following meeting of the division or craft involved.

It shall be the duty of the Trustees to conduct or have conducted a monthly examination of the books of the Local Union and the results thereof shall be reported at the next regular membership meeting. They shall sign the books of the Secretary Treasurer if they have found them correct and the bank balances verified. In the event that a Trustee declines to sign the books, the Trustee must state in writing to the Local Union Secretary Treasurer his reasons for declining to do so and shall also advise the General Secretary Treasurer of these reasons. A Trustee's disagreement with an expenditure property authorized by the Executive Board or membership shall not be a valid basis for refusing to sign the books. The Trustee's report shall be sent to the General Secretary Treasurer as required by the International Constitution. The shall receive and review the original security bond covering each officer, employee and representative of the Local Union required to be bonded, and retain it at the Local Union's principal office. The shall have the duty to see that such bonds are current and enforceable. In the event of the in-availability of a Trustee, the remaining Trustees or Trustee shall perform the above functions. In performing their functions the Trustees may avail themselves of the service of Certified Public Accountants.

The Warden and Conductor shall be appointed by the President and may be removed by him. The Warden shall have charge of the inner door and shall not admit any member who is not in good standing. He shall not allow any member under the influence of drugs or liquor to enter the meeting place. He shall assist the chair in maintaining order.

 It shall be the duty of the Conductor to assist the Warden and to bring in the proposed new members to be obligated as members. He shall also escort all guests to the chair. He shall perform the duties of the Warden in the absence of the Warden.

6. Fill all vacancies in office which occur during the terms of such office for the unexpired term, in the manner provided in ARTICLE XXII, Section 9 of the International Constitution;

7. Transact all business and manage and direct the affairs of the Local Union between membership meetings except as may otherwise be herein provided; delegate when necessary any of the above powers to any officer for specific and temporary purposes and on condition that the action of such officer or agent be ratified by the Local Union Executive Board; the Local Union Executive Board shall. designate other officers for the President or Secretary Treasurer for the purpose of signing checks to pay bills or to exercise any other functions of their offices in the event that either shall refuse to act or shall become ill or otherwise incapacitated;

8. Lease, purchase or otherwise acquire in any lawful manner for and on behalf of the organization, any and all real estate or other property, rights and privileges, whatsoever deemed necessary or the prosecution of its affairs, and which the organization is authorized to acquire, at such price or consideration and generally on such terms and conditions as it thinks fit, and at its discretion pay therefore either wholly or partly in money or otherwise; specific authorization at a membership meeting shall be require for such expenditures, excepting for routine expenditures not of substantial nature;

 

9. Sell or dispose of any real or personal estate property, rights or privileges belonging to the organization whenever in its opinion the Local Union's interest would thereby be promoted, subject to approval (except to form) at a membership meeting;

 

 

10. Create, issue and make deeds, mortgages, trust agreements, contracts, and negotable instruments secured by mortgage or otherwise as provided by resolution of the membership, and do every other act or thing necessary to effectuate the same;

 

 

11. Create trusts, the primary purpose of which is to provide benefits for the members or their beneficiaries, and terminate and effectuate the same, all subject to approval (except as to form) by the membership;

 

 

12. Appoint trustees of Health and Welfare or Pension Trust Funds negotiated directly by the Local Union, and to which the Local Union is the only union party;

13. Determine the membership which shall vote on agreements and strikes, and the composition of other membership meetings, and adopt rules and regulations concerning the conduct thereof not inconsistent with the international Constitution or these By-Laws;

14. Determine the manner in which referendums shall be held, subject to review and modification by the General President, as permitted by ARTICLE VI, Section 1(h) of the International Constitution;

15. Affiliate this Local Union with Joint Council No. 7, and Western Conference, and in addition to these such other subordinate bodies of the International Brotherhood of Teamsters as it shall be required to do and maintain such affiliations in good standing at all times;

16. Enter into jurisdictional settlements and comply with jurisdictional awards in behalf of the Local Union, in accordance with the policies and directives of the International Union;

17. Do all acts not expressly authorized herein which are necessary or proper in implementation of the above duties for the protection of the property of the Local and for the benefit of the organization and members.

C) The Local Union Executive Board shall hold meetings at such time and place as shall be determined by the President upon notice to all Board members. The meetings of the Local Union Executive Board shall be no less frequent than meetings of the Local Union.

SECTION 1. All officers of this Union when installed after election shall be required to take the following obligation of office:

"I, __________________, do most sincerely promise, upon my brotherly honor, that I will truly and faithfully, to the best of my ability, perform the duties of my office for the ensuing term, as prescribed in the Constitution and by-laws of the Union, and as an officer of this Union, will at all times endeavor, both by counsel and example, to promote harmony and preserve the dignity of its sessions.

I will at all time faithfully comply with and enforce the Constitution and laws of the International Union and the by-laws and laws of this Local Union.

I further promise, that at the close of my official term, I will promptly deliver any money or property of this Union in my possession to my successor in office."

SECTION 2. The right to assume office or hold office or positions in the Union shall never be deemed a property right, but shall be a personal privilege and honor only. Any action taken by an officer in good faith and within the scope of his authority and power under these by-laws shall not be the basis for any personal liability against such officer.

SECTION 3. All officers of the Local Union must as a condition of holding office execute all

necessary forms required by law to be filed with any Federal or State agency either for or in behalf of the Union or as an officer or employee thereof, by accidental default shall not be considered a violation of the duty imposed by this Section.

SECTION 4. All officers in the performance of their duties shall adhere to the terms of these

by-laws and the International Constitution.

SECTION 5. An officer elect shall be installed at the same meeting at which he is elected,

provided he has otherwise qualified.

SECTION 6. The officers, business agents, stewards and other representatives of this Local Union who occupy positions of trust in relation to the Local Union and its members as a group and are, therefore, accountable to the membership with respect to the performance of their duties in handling funds and property of the Local Union. The failure or refusal by an officer, business agent, steward or other representative of this Local Union, upon demand of the Local Union Executive Board or of any individual member for good cause, to render a proper and adequate accounting or explanation respecting the performance of his duties in handling funds and property of the Local Union shall constitute a ground for charges under ARTICLE XIX of the International Constitution or which trial shall be had under the provisions set forth in ARTICLE XXVI hereof.

SECTION 7. The elected officers and Business Agents of this Local Union shall be delegates . to other subordinate bodies and Conventions thereof, by virtue of their office or elected position. The Principal Executive Officer shall have first priority. After the principal officer, the remaining delegates shall be selected from the salaried elected officers and elected Business Agents (if any) in the following priority; President, Secretary Treasurer, Vice President, Recording Secretary, Trustee in order of number of votes received in the most recent election; elected Business Agents in order of number of votes received in the most recent election.

SECTION 1. ALLOWANCE: Recognizing that the officers and representatives of this organization do not work regularly scheduled hours and receive no compensation for overtime or premium pay; also recognizing that such individuals are require to pay varying amounts for lodgings and meals depend upon the city to which they travel, which amounts are sometimes less, but more often than the allowance given them, and recognizing that they must participate in cultural, civic, legislative, political, fraternal, educational, charitable, social and other activities in addition to their specific duties as provided in the Constitution and these by-laws; that such activities benefit the organization and its members; that the time spent in such activities is unpredictable and unascertainable, such officers, representatives and employees may be granted an allowance (both in town and out of town work, respectively, which in the case of out of town work shall include hotel and meal expenditures) in such amount (daily, weekly or monthly) as the Executive Board may determine.

In addition to the allowances set forth above, all officers and employees may be reimbursed for, or credit provided for all other expenses incurred in connection with their activities.

SECTION 2. EXPENSES: When a representative of the organization is engaged in activities in the interest of or for the benefit of the organization and its members, the Union shall pay the expenses incurred herein.

SECTION 3. AUTOMOBILE ALLOWANCE: The Union shall provide its representatives with Automobiles if the Union funds permit, or in lieu thereof, they shall be paid an allowance in uch amount or at such rate as shall be determined by the Executive Board.

In such instances where the Union either provides an automobile or provides an allowance for the use of the automobile, it is recognized that such officers or employees are required to be on instant call at all times, may be required to garage such car, and are responsible for its safe keeping. Accordingly, for the convenience of the Union and as partial compensation for such additional responsibilities, such officers shall be permitted private use of such car on a round-the-clock, continuous basis, including private use when the car is not required on union business. The Secretary Treasurer with approval of the Executive Board is empowered to sell, exchange or lease automobiles, or arrange financing therefor in behalf of the Union, from time to time provided that in his opinion the Union funds permit.

SECTION 4. BENEFITS: The Executive Board may from time to time provide the terms and conditions of employment for officers, employees and representatives of this organization including, but not limited to such fringe benefits as vacations with pay, holidays, sick leave, time off for personal leave, and in connection therewith any disability or sickness, health and welfare and retirement benefits and activities, and facilities relating thereto, and may from time to time provide changes herein, as well as additional compensation and allowances.

SECTION 5. The Local Union Executive Board or the President (Secretary Treasurer) is authorized to make to any Local Union officer or employee advances on his salary and/or vacation pay.
 

SECTION 1. The regular income of this Union shall be derived from initiation fees, dues, fines, assessments, interest on money in banks and miscellaneous income.

SECTION 2. Any increase in the rate of dues or initiation fe6s or the levying of any general or special assessment shall be made in accordance with one of the following procedures:

Procedure No. 1

a. Reasonable notice shall be given by the Secretary Treasurer to the membership at least fifteen (15) days prior to the meeting at which the membership will consider the question of whether or not such dues, initiation, or re-initiation fee, general or special assessment shall be changed or levied. The notice shall indicate that an increase or assessment is to be voted on. Such meeting may be general or special.

b. At the regular or special meeting called as provided in this Section, voting shall be by secret ballot of the members in good standing.

c. A majority vote by secret ballot of the members in good standing voting at such meeting shall decide the issue.

Procedure No. 2
 
 

 SECTION 3. The initiation fee for service station/car washers, hikers, and parking lot attendants shall be $1 10.00. For employees making less than $9.00 per hour at the contract top rate a fee of $200-00; for employees making over $9.00 per hour at the top contract rate a fee of $275.00; for employees making over $13.00 per hour at the top contract rate a fee of $325.00. Plus one months dues.

SECTION 4. DUES: DUES SHALL BE:

Effective October 1, 1978 the monthly dues shall be at least two (2) times the hourly wage rate in accordance with the International Constitution, ARTICLE X, Section 3.

The dues will be adjusted on April 1st and October 1st of every year.

The minimum dues rate shall be $17.00 per month.
 
 

This Local Union shall elect its officers by secret ballot not less than once every three years.

Payment of dues after their due date shall not restore good standing status for such month or months in computing the continuous twenty-four (24) months good standing status required by this Section as a condition of eligibility for office. No member shall lose his good standing status for any months in which his dues have been withheld by his employer for payment to the Local Union pursuant to his voluntary authorization provided for in a collective bargaining agreement by reason of delay or default in the payment of such dues by the employer to the Local Union.

Failure of a Local Union to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft within the jurisdiction of the Local Union during the required twenty-four (24) month period prior to his nomination if a challenge is made based on evidence to the contrary, in which event a determination shall be made on the facts presented. Periods of unemployment during the twenty-four (24) month period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the craft, and not working outside the craft during such periods of unemployment.

3. In addition to those conditions of eligibility listed in subsection above, a member must have attended at least fifty percent (50%) of the regular or divisional meetings of this Local Union during the twenty-four (24) consecutive months prior to nomination in order to be eligible to run for office. Such special meetings shall not be considered a substitute for the regular monthly meetings for purposes of satisfying the meeting attendance requirement of ARTICLE 17. The Local Union shall keep accurate records reflecting those members who are in attendance at each meeting and shall exempt from the attendance requirement any member who because of illness, regular employment or other good cause is unable to attend a meeting. This exemption system shall be uniformly and fairly applied.

D. Nomination Procedures

2. Nominations shall be made at the meeting by a member in good standing other than the nominee by motion seconded by a member in good standing other than the nominee. Candidates are advised to verify the good standing status of their nominator and seconded prior to the nomination meeting.

3. Every member eligible to nominate candidates shall be entitled to nominate one (1) candidate, but only one (1), for each office open. Prospective candidates may not nominate themselves nor second their own nomination'.

4. Nominations shall not be closed until a call for further nominations has been made three (3) times by the Chair without further nominations being made.

5. If an election committee is used, after nominations, each candidate for office of President, Secretary Treasurer, and Recording Secretary may designate one (1) member for service thereon who shall thereupon be appointed by the President.

6. In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the nominations meeting, effective as of the conclusion of the term of the previous incumbent.

 

7. A member otherwise eligible to run for office shall become a bona fide candidate only upon his nomination for office and acceptance of the nomination. To be eligible to nominate and otherwise participate in the nomination meeting a member must have his dues paid through the month prior to the month in which the nomination meeting is held.

 

Candidates must accept nominations at the time made either in person, or, if absent, in writing, and may accept nomination for only on office. A member may also run for and be elected as a Business Agent, or Assistant Business Agent, as provided in ARTICLE XXII, Section 8, of the International Constitution, and may hold both the office and the position if elected to both. After a candidate has accepted nomination, he may not, under any circumstances revoke his acceptance after the ballots are printed, except where as a result of the revocation and remaining candidate is unopposed.

8. If any nominee should die before the election his name shall nevertheless appear on the ballot. In the event such name shall receive the requisite number of votes to be elected, the position shall then be filled in the same manner as vacancies are filed when they occur during a term of office as provided in Section 14(A)(6).

9. If there is only one (1) nominee for an office and he is finally ruled ineligible after the nomination meeting, then the office shall be filled by appointment by the newly elected Local Union Executive Board.

E. Elections

1. 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 his last known home address, if no notice has previously been sent. The election shall be held at such place or places, and at such time not earlier than thirty (30) days after the nomination meeting, as may be designated by the Local Union Executive Board. The election shall be by secret ballot to be placed in boxes, unless the Local Union Executive Board has authorized the use of some standard type of election mechanical devise insuring a secret ballot by machine vote, the election box or boxes, or machine or machines, however, to be located at a place or places designated by the Local Union Executive Board. Balloting shall be open for a period not less than six (6) hours during the pefiod between the hours of 8:00 a.m. and 8:00 p.m.; and it shall be the duty of the Local Union Executive Board to provide safeguards for the honest and fair conduct of such election.

2. Voting shall be conducted by secret ballot among the members in good standing. There shall be no proxy vote. Each such member shall be entitled to one vote. The Local Union Executive Board shall have the authority to establish all rules and regulations for the conduct of the election to supplement the provisions of the International Constitution and the Local Union by-laws, including the authority to use mail referendum balloting or absentee balloting without membership approval. The General President shall also have the authority to direct the use of mail referendum balloting or absentee balloting without membership approval, any action of the Local Union Executive Board to the contrary notwithstanding. Absentee voting by mail shall be permitted only upon application of members who are ill, or absent from the city or town where they are normally employed at the time of voting, because of vacation, or on employment tour of duty. The Local Union Executive may permit additional reasons for absentee balloting if they so desire. Application for absentee ballots shall be made to the Secretary Treasurer not less than five (5) days prior to the date set for election and shall contain the grounds therefore Absentee ballots shall be valid only if they are received by noon of the day on which the polls close. Absentee voting shall be conducted with all proper safeguards for secrecy of the ballot. Voting by writing in the name of a person who was not duly nominated shall not be permitted. Any ballot shall be declared void if it contains any mark other than the voting mark.

3. Each candidate, at his own expense shall have the right to have an observer other than himself at each place, and at the counting of the ballots who must be a member of the Local Union in good standing. Observers may challenge the eligibility of voters, and all challenged ballots shall be sealed in the 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 specific reasons given for such challenge. Challenges shall be investigated to determine their validity, if the challenged ballots are sufficient in number to affect the result of the election. The blank envelope containing the ballot shall not be checked for proper operation, candidates shall have the right to be present at the counting of the ballots.

 

 

4. To be eligible to vote in the election, a member must have his dues paid through the month prior to the month in which the election is held. The candidate for each office who receives a plurality of the votes cast for the office shall be elected thereto except if the case of trustees in which case the three (3) candidates receiving the highest number of votes shall be elected. In the event of a tie vote the candidates shall resolve such tie by lot, except in the, case of a tie for the office of principal officer of the Local Union, in which case there shall be a re-election between only the candidates who have tied for the highest number of votes, and only for that principal office. The officers-elect may be installed at the same meeting, at the next meeting following their election. The officers-elect shall take office at the end of the term of the incumbent officers, regardless of the date of installation, which installation may take place at either the same meeting at which they are elected or, if not elected at a meeting at the next meeting following their election. No runoff election shall be held.

 

5. No officer may run for another office in this Local Union, the term of which covers part of his current term, unless he resigns from his current office at the time of nomination, such resignation to be effective upon the certification of the results of the election. He shall announce his intention to resign not later than fifteen (15) days prior to the nomination meeting and will not be eligible for appointment to the vacancy created by is resignation. No officer may hold another office in any other Local Union (other than a trusteed Local Union) during his term of office except by authorization of the General President, and the Local Union involved.

6.There shall be no write-in candidates and any ballot containing write-in candidate shall be void insofar as the vote for that office is concerned and such ballot for that office shall not be considered as having been cast in determining the vote for that office.

7. During the period between the date of election and the end of the term of office no extraordinary expenditures of Local Union funds shall be made without the approval of the officers-elect, and the membership.

2.The Secretary Treasurer shall review the eligibility to hold office of any member at such member's request, and shall make a report on the eligibility of the member within five (5) days thereafter to any interested member.

3. Unless a joint nomination-election notice was sent, the Secretary Treasurer shall give written notice to the membership of the Local at least twenty (20) days prior to any election date, of the time, place, date, hours, and number of offices upon which voting shall be held, by mailing such notice to the member's last known home address.

4. Upon reasonable request of any declared and eligible candidate for office, the Secretary Treasurer shall arrange for the distribution of any campaign literature by mail, or otherwise provided that such candidate pays the reasonably estimated cost involved in advance. The Secretary Treasurer shall not delay the distribution of any candidate's mailing. Any reduced rate mailing permit available to any candidate shall be made available to all candidates on an equal basis. The Secretary Treasurer may require that all campaign literature shall be presented to him at the principal office of the Local Union no later than a reasonable number of days prior to the election, and all candidates shall be given reasonable notice of that cutoff date. The Secretary Treasurer may where in his judgment it appears necessary, provided for a consolidation of such distribution in which case the cost of such distribution shall be assessed upon the candidates involved on a pro rata basis.

5. The Secretary Treasurer to the extent required by law shall upon reasonable notice make available for inspection by any bona fide candidate the membership list of the Local Union covered by union security agreements once within thirty (30) days prior to the election date. No candidate shall be permitted by the Secretary Treasurer to copy any names or addresses of employees shown on such list, and such inspection must be made in the presence of the Secretary Treasurer or his designee.

6. The Secretary Treasurer shall retain copies of all requests for distribution for campaign literature and copies thereof, shall make a record of the date the literature was distributed, the cost thereof, and the amount received therefor, and shall also retain a copy of the notice of nominations and election, a copy of the ballot, the official tally sheet submitted by the tellers, all ballots, and such other records including election rules as shall relate to the conduct of the election. All copies and records shall be retained for one year.
 
 

All delegates to the convention of the International Brother of Teamsters to which the Local

Union is entitled shall be selected in accordance with ARTICLE III, Section 5 of the International Constitution.

SECTION I. The regular meeting of this Union shall be held on the fourth Monday of each month at 7:30 p.m. at the headquarters of the Union. Should the meeting date fall on a legal holiday, the meeting will be held on the following day, or the week before, or week after the holiday, as determined by the Executive Board. Membership meetings may be suspended during the months of June, July, and August, by action of the membership at a meeting after reasonable notice of the intention to vote upon such question,

SECTION 2. Special meetings of the Local shall be called by the Secretary Treasurer upon direction of the Executive Board. Reasonable notice of such special meetings shall be given to the membership, which notice shall specify the business to be brought before such meeting and only the business so specified shall be considered at the meeting.

SECTION 3. Fifteen (15) members shall constitute a quorum and are qualified to transact any business lawfully brought before the Union. This shall not apply to special called meetings, or to meetings in which a(i members are notified of the meeting and the business to be transacted.
 
 

All officers and employees of the Union shall be bonded, where required in accordance with the provisions of the Labor-Management Reporting and Disclosures Act of 1959, and any other applicable Federal and State Law. All premiums on said Bonds shall be paid by the Local Union.

SECTION 1. There shall be a burial benefit of $1,000.00 or more provided from Union Funds covering eligible members. However, if no written proof of death is dully filed with the Union within ninety (90) days of the date of death, no burial benefits shall be paid.

SECTION 2. In order to be a participant in the Burial Benefits Pro ram, herein described an

individual:
 
 

malicious or immoral habits, or from suicide.

SECTION 5. Any action or decision by the Executive Board as described in the immediately proceeding paragraph on the Burial Benefit Program shall be accompanied by written notice to the membership at least fifteen (1 5) days prior to the next regular membership meeting. Such

notice shall specify the change or changes enacted by the Executive Board, and such change

or changes shall be announced to those in attendance at the membership meeting.

SECTION 6. The Executive Board shall administer the Burial Benefits Program with full power to act as to the disposal of the same. A decision by the Executive Board on Burial Benefit matters shall be final and binding upon all parties.

The finances of this Union are principally gathered for the maintenance of shorter hours and fair wages, and if necessary demand a conservation of funds to support such objectives. The payment of burial benefits must therefore take second place, and in the event of such a situation as determined by the Executive Board payment of Burial Benefits shall be optional, and no participant shall have any claim to Death Benefits upon such a determination by the Executive Board. For those reasons, and because of inherent uncertainties surrounding the cost and financial soundness of the Burial Benefit Program described herein, the Executive Board shall have full authority to reduce or to discontinue such benefits, or to take any other action on the Burial Benefit Program which in its opinion and discretion is required in order to keep the Union on a sound financial basis. It is further recognized that the benefits described herein are not based upon any contract written or oral with any person, and that no person has contractual or vested right to any such benefits.

SECTION 1. The issuance of transfer cards must be handled in strict compliance with ARTICLE XVIII, Section 1 and 2 of the International Constitution. The acceptance of transfer cards must be in accordance with the provisions of ARTICLE XVIII, Section 3 and 4. The jurisdiction to issue honorable withdrawal cards must be handled in strict compliance with ARTICLE XVIII, Section 6 and 7 of the International Constitution.

SECTION 2. When the Local Union is required to give a member an honorable withdrawal card under the terms of the International Constitution, and these by-laws, it may provide for the continuance of Local Union benefits to such member or former member under conditions which it may set forth, but such member or former member shall not be permitted to hold office or vote, and shall have only such right to participate in the meetings and affairs of the Local Union as shall be permitted by the Local Union Executive Board.

SECTION 1. Transfer cards must be deposited within thirty (30) days after being issued and

shall be subject to the rules as defined in the International Constitution and by-laws.

SECTION 1. In case of a strike all members involved must report daily at the Union office to

receive instructions.

SECTION 2. Any member or members causing a strike without authorization of the Union shall not receive any support and shall be considered in violation of these by-laws. A strike may be authorized only in full compliance with the applicable provisions of ARTICLE XII, Section 1 of the International Constitution.

SECTION 3. Strike votes shall not be required in any cases where a collective bargaining agreement then in existence authorizes such strike for the purpose of enforcing the terms of such agreement. Nor shall a strike vote be required for a strike in support of demands that an employer agrees to the terms and conditions of an agreement already negotiated and approved on a state, multi-state, multi-employer or national company-wide or area basis of which unit such employer is a member. In either case the Local Union Executive Board, subject to approval of the General President, may call the strike in support of its position, and may also, with the approval of the General President terminate such strike without a vote.

SECTION 4. If a settlement cannot be reached in connection with the negotiation or modification of a collective bargaining agreement between the member of this Local Union and the employer after the officers have used reasonable means of achieving a settlement through the process of collective bargaining, the matter shall be subject to the strike procedure, conditions, and qualifications set forth in the Constitution. The Local Union Executive Board may in its discretion provide that the strike vote be limited to the members employed in a particular division, craft or place of employment. In such case where area-wide,. Conference- wide, or national agreements are involved it is understood that the specified majorities of the members covered by such agreements must vote to strike as set forth in ARTICLE XII, Sections 1 or 2 of the Constitution, and in such event, irrespective of the individual vote of this Local Union on that question.

1. TRIAL - Every member charged with a violation of these by-laws or the International Constitution shall be accorded a full and fair hearing as required by law. No member of the Local Union Executive Board having a personal interest in the subject matter of the charge which personal interest is adverse to that of the charging party or the accused, shall sit on the trial board. The decision on disqualification under this provision, if raised by an interested party shall be made in the first instance by majority vote of the Local Union Executive Board, whose decision shall be appealable as part of the International Constitution and these by-laws. The officer alleged to be disqualified shall not vote on whether he is qualified to remain on the hearing panel. If the member charged or preferring the charges is a member of the Local Union Executive Board, or if a member of the Local Union Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint an uninvolved member as a substitute. If either the President or Secretary Treasurer of the Local Union is charged or is preferring the charges, or is unable to attend the hearing for any reason the other officer shall appoint the substitute. If both the President and Secretary Treasurer of the Local are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Local Union Executive Board shall appoint the substitutes. Charges by, against, or involving a majority of the members of a Local Union Executive Board shall be filed with the Secretary Treasurer of the Joint Council for trial by the Joint Council Executive Board. In no event shall any involved officer or member serve on a hearing panel, participate in the selection of a substitute member of a hearing panel, or participate in the decision making process of the trial body.

2. CHARGES - Charges shall be in writing and signed by those filing same and must be filed in duplicate with the Local Union Secretary Treasurer of the body which is to hear the charges, who shall serve the charges and notice of the hearing upon the accused either in person or by registered or certified mail at least ten (10) days prior to the hearing. No hearing on any appeal shall be held less than ten (10) days from the date on which notice of the hearing has been served on the parties unless all parties agree to waive this requirement. In scheduling the time and place of the hearing, due consideration shall be given to the convenience of the accused and witnesses necessary in the case. The charges must set forth the provisions of the International Constitution or these by-laws allegedly violated and the acts which allegedly constitute such violation in sufficient detail to inform the accused of the offenses charged, including where possible, dates and places. If charges are filed the charging party must include in the charges all alleged offenses of which he has knowledge, or in the exercise of due diligence should have knowledge as of the time of the filing of the charges. He may not subsequently file additional charges based upon facts of which he had knowledge, or in the exercise of due diligence should have had knowledge, as of the time of filing of the charge. No member or officer shall be required to stand trial on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded. Nor shall a member or officer be required to stand trial on charges that are substantially the same or arise under the same circumstances as prior internal-union charges against such member or officer. Any charge based upon alleged misconduct which occurred more than five (5) years prior to the filing of such charge is barred and shall be rejected by the Secretary Treasurer, except charges based upon the non-payment of dues, assessments, and other financial obligations.

3. In the event of no-compliance with decision handed down by a trial or appellate body, the member, elected Business Agent, officer of the Local Union shall stand suspended from rights and privileges under the International Constitution until the provisions of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carries with it an order of expulsion, then such order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal.

4. RIGHTS OF THE ACCUSED - Throughout the proceedings, there shall be a presumption of innocence in favor of the accused. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the panel must vote to find the charged party guilty. The accused shall have the right to present his own evidence, rebut testimony against him, present witnesses favorable to him and cross examine adverse witnesses. The charging party, the accused, and the Local Union Executive Board may select only a member in good standing of the Local Union to represent them at a hearing conducted before any trial or appellate body. Witnesses need not be members of the Union. The hearings shall be opened to other members, subject to the discretion of the Local Union Executive Board in maintaining order and the excluding witnesses except when testifying.

5. ACTION BY THE LOCAL UNION EXECUTIVE BOARD - The Local Union Executive Board shall have the authority to determine the manner of reporting the hearings and shall have the authority to determine the manner of reporting the hearings and shall have authority to exclude any method not authorized by it. Any request by a party that a verbatim record be made must be honored by the Executive Board. If the Local Union Executive Board decides to have a transcript or recording of the hearing made the Local Union Executive Board shall furnish a copy of the same to the accused and to other interested parties upon payment of the cost for same, or shall make such copy available to any interested party for copying or consultation without cost.

If on appeal any appellate body makes a transcript or recording of the proceedings on appeal, such appellate body shall furnish a copy of the same, or shall make such copy available to any party for copying or consultation without cost. Within a reasonable time after completion of the hearing, the Local Union Executive Board shall decide the time after completion of the hearing, the Local Union Executive Board shall decide the case. The decision of the Local Union Executive Board shall be in writing, and contain the charges, its own factual findings and decision, and a notice to the parties informing them of the proper body to which they may appeal, and the time within which the appeal must be filed. A copy of the decision of the Local Union Executive Board must be forwarded to the parties without delay. A copy of all documents in the proceedings shall be kept available at the Local Union's principal office until final disposition is made of the case.

6. APPEALS - Appeals shall be taken pursuant to the provisions of ARTICLE XIX of

the international Constitution.

No member or officer of this Local Union shall resort to any court or agency outside this Union or the International Union unless and until he has exercised all his rights as a member and all forms of relief and avenues of appeal as provided by the International Constitution or these bylaws have been exhausted by him, unless otherwise provided by statutes.

SECTION 1. Proposed amendments to the by-laws shall be submitted in writing at a regular meeting of the Local Union only in January of each year upon initiation either by petition of seven (7) members in good standing or by resolution of the Local Union Executive Board. Under no circumstances may these by-laws be amended during a term of office to affect or modify the powers and duties of the incumbent officer. Such amendments may be made effective only as of the beginning of the next term of office.

SECTION 2. The proposed amendments shall then be read at two (2) consecutive regular meetings of the membership, or at two (2) consecutive divisions, craft, or place of employment or similar meetings (if the Local Union Executive Board has determined that membership meeting conducted on such basis), and voted upon at the third meeting or meetings.

A Two-thirds (2/3) vote of the members in good standing voting at such meeting shall be

required for passage.

SECTION 3. Amendments to these by-laws are subject to the approval of the General President, as provided in ARTICLE VI, Section 4, of the International Constitution and shall not be effective until such approval has been given.

SECTION 4. The Secretary Treasurer shall keep a master copy of these by-laws and all other

amendments that may be added or repealed.

SECTION 5. Except that in the case of an increase in Initiation Fee's, Dues, or the levying of

a general, or special assessment the procedures set forth in ARTICLE XVII shall govern.

1. At the hours appointed, if a quorum is present, the President shall call the meeting to order, and shall preside. In the absence of the President, the Vice President shall preside. In the absence of both the next highest elective officer shall call the meeting to order, then the Union shall elect a temporary presiding officer.

2. No member shall be allowed to leave the meeting while in session, except by permission from the Vice President.

3. Any member refusing to obey the Constitution, by-laws, rules, resolutions, and orders of this Union may be fined, suspended, or expelled.

 

4. No member under the influence of liquor or drugs shall be admitted to the meeting.

5. The President shall have power to exclude from the meeting any member found guilty or indecorous of unruly conduct.

 

6. No subjects except those that are strictly in the interest of Labor shall be discussed at any meeting.

7. The President having taken the chair, the business shall be proceeded with the order herein provided.

11. Appeals shall be stated by the Chair in this form: "Shall the decision of the Chair stand?" A majority of the vote sustains the Chair.

12. A motion will not be subject to debate until it has been recorded and stated by the Chairman.

13. After having stated the motion, the President shall ask: "Are you ready for the question?" And if no one rises to speak he shall put it to a vote. After it has been put to a vote, no on shall be permitted to speak upon it.

14. When a question is before the meeting no motion shall be in order except:

 a. To adjourn

b. To lay on the table

c. For the previous question

d. To postpone

e. To commit, or refer, or to recommit

f. To amend which motions shall have precedence in the order named; the first three of which shall be decided without debate.
 
 

No property of the Local Union, and no property in the possession, custody or control of this Local Union or any of its officers, representatives, or employees, and no property held in trust by any trustee for and in behalf of this Local Union, express or implied, which was created or established by this Local Union, and whose purpose is to provide benefits for the Local Union itself, or the member of the Local Union or their beneficiaries shall be given, contributed, donated, or appropriated, either directly or indirectly to aid or assist, or be expanded in behalf of any seceding, dual or antagonistic labor organization or group, nor to any Local Union which is acting in violation of the Constitution of the International.

SECTION 1. The Local Union acknowledges that the Constitution of the International Brotherhood of Teamsters, supersedes any provisions of these by-laws herewith or hereinafter adopted which may be inconsistent with such Constitution. The Local Union hereby re-adopts, as its Constitution, such International Constitution, and incorporates herein by reference as though fully set forth herein, all such provisions of such Constitution as it may be interpreted, modified, or amended from time to time, which are applicable to Local Union matters and affairs, and shall perform all the duties imposed upon a Local Union by such Constitution.

These by-laws are subject to the Constitution and by-laws of the International Brotherhood of Teamsters and applicable Conference and Joint Council by-laws.

Neither this Local Union, nor any of its officers, business representatives, or employees has the power to make any contract or agreement or incur any liability which shall be binding upon the International Union or any of its affiliates other than this Local Union unless the written consent of the governing body or executive officer thereof has first been obtained authorizing such action. Neither this Local Union or any of its officers, representatives or employees has been authorized or empowered to act as an agent of the International Union or any of its affiliated bodies and shall not be deemed an agent for any such body unless expressly authorized in writing by the governing body of such body to act in that capacity. No agreement or contract shall be binding upon this Local Union unless a contract or agreement for personal service shall not be binding beyond the expiration of the terms of the Executive Board at the time such contract or agreement is made. This shall not prevent a Local Union Executive Board from entering into a bona fide collective bargaining agreement with another union covering Local Union employees.

SECTION 2. Should there be any conflict between any of the provisions of these by-laws and the Constitution of the International Union, the provisions of the International Constitution shall govern.

SECTION 3. Should any question arise not specifically covered by these by-laws, such question shall be determined by the provisions of the International Constitution.

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 federal or state government, the Local Union Executive Board shall have the authority to suspend the operation of such provisions during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision. 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.

The General Executive Board is authorized to adopt any plan or arrangement relating to such requirements and obligations which may be imposed by applicable law.

Fellow worker, you will now take an obligation that will bind you as a member of Local No. 78, affiliated with the International Brotherhood of Teamsters,. Chauffeurs, Warehousemen, and Helpers of America, and that will in no way conflict with your religious belief or your duties as a citizen:

I ______________________, pledge my honor to faithfully observe the Constitution and laws<