Anyone have a location for a current copy online?
This post was updated on .
The author has deleted this message.
Dennis walsh has a rough draft of them since april 5th.Also included in the bylaws are new proposed organizational structure to the district council of ny(this is more important than elec procedures).Mr .Kane and Mr,Weiss both have permission by Judge Berman to view these documents.
Not the proposed copy.
The Current By-Laws and or the By-Laws used before the trusteeship.
Our aim shall be to promote and protect the interest of our membership, to elevate the moral, intellectual and social conditions of all working men and women, to assist each other in sickness and distress
To discourage piecework, to encourage apprenticeship and a higher standard of skill, to cultivate a feeling of friendship and to assist each other to secure employment.
To aid and to assist all organizations to uphold the dignity of labor and resist oppression by honorable means.
To hold it as a sacred principle, that union members, above all others, should set a good example as good and faithful workers, performing their duties to their employer with honor to themselves and to their organization.
We resent the principle of open shop association, and will continually strive for the enactment of legislation, which will enable us to achieve our objectives.
Realizing that a blow to one organization is a blow to all, therefore, it shall be our duty as union members to purchase union-made goods and patronize union shops and establishments whenever possible to do so.
So with these aims and principles in mind, the Local Unions in the vicinity of New York City affiliate ourselves into an organization that shall be known as the District Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFLCIO in conformity with the provisions of the Constitution of the United Brotherhood
BY-LAWS NAME AND TITLE Section 1.
This body is chartered and known as the District Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFL- CIO. This Council is organized in conformity with the Constitution of the United Brotherhood and shall exercise the powers and privileges of a Council under the Constitution of the United Brotherhood.
OBJECTS Section 2.
The primary objects of this council shall be to promote and protect the interest of our membership through broadly democratic institutions free from corrupt influence, to discourage piecework, to encourage the apprenticeship system and higher standards of skill, to reduce the hours of labor, to secure adequate pay for our work, to elevate the standard of our craft, to cultivate a feeling of friendship among the members of this Brotherhood, to assist our members in procuring employment and to protect our members by legal and proper means against any injustice that may be done to them, and to improve the moral, social and intellectual conditions of our members and all working people.
POWERS Section 3.
This Council, through a democratically elected governing body of delegates chosen by the rank and file, shall be the central governing body and have legislative and executive power on all matters relating to the general interest and welfare of affiliated Local Unions and their Members.
The Council shall establish working dues or monthly dues that are sufficient to operate the Council payable to the Council and initiation fees.
It shall have the power to collect and retain all fines levied by the Council for violations of the laws, trade rules, and other rules of the Council.
The Council shall have the power to issue the quarterly work card.
It shall have the power to make agreements with kindred bodies or central organizations and send Delegates to the same whenever deemed necessary.
The Council shall have the authority to review and approve, in its discretion, all personnel decisions and to establish personnel and other policies.
Except for clerical employees of Local Unions, all persons employed on matters within the jurisdiction of the Council, including Business Representatives and Organizers, shall be employees of the Council.
No Council officer or Executive Committee Delegate shall receive salary or other compensation or hold elected or appointed position as an officer of an affiliated Local Union.
The affiliated Local Unions may employ and pay salaries to clerical employees.
These By-Laws, Trade Rules and any other rules, resolutions and directives adopted by the Council shall govern and be binding on each Local Union affiliated with the Council.
Any subject not covered by these By-laws and Trade Rules shall be governed by the Constitution of the United Brotherhood and nothing in these By-laws shall in any way be construed to conflict with the Constitution of the United Brotherhood.
COUNCIL REPRESENTATION Section 4
Each Local Union shall elect Delegates to the Council in accordance with the Constitution of the United Brotherhood governing nomination and elections in subordinate bodies
The ratio of representation from each Local Union to the Council shall be determined by the Council.
A member who meets the qualifications of Section 3 1D of the Constitution of the United
Brotherhood shall not be ineligible to be a Delegate because he or she is a Business Representative of the Council, nor shall an otherwise qualified Delegate be ineligible for appointment as a Business representative because he or she is a Delegate Each Local Union shall submit the correct number of members on their rolls month to month on and after the first meeting of each month
The ratio of representation from each Local Union to the Council shall be as follows:
1 to 500 members = 5 delegates
501 to 1,000 members = 6 delegates
1,001 to l,500 members = 7 delegates
1,501 to 2,000 members = 8 delegates
2,001 to 2,500 members = 9 delegates
2,501 to 3,000 members = 10 delegates
3,001 to 3,500 members = 11 delegates
3,501 to 4,000 members = 12 delegates
4,001 to 4,500 members = 13 delegates
For each additional 500 members thereafter = one delegate
POWERS AND DUTIES OF DELEGATES Section 5
The Delegate Body shall have the exclusive authority to consider, vote upon and finally approve decisions on all matters which are expressly delegated by the Delegate Body.
Without limiting the generality of this grant of authority, the Delegate Body shall have the exclusive authority to:
Finally approve the budget and all expenditures of the Council,
Finally approve the overall organizing plan of the Council, finally approve all recommendations of
the Executive Committee,
Finally approve all contracts of the Council, including, but not limited to, those relating to the employment of service providers, outside legal advice or other professional advice,
Finally approve collective bargaining agreements,
finally approve the appointment and removal of Trustees to the Trust Funds, and appoint the Council's Trial Committee, Rules and Resolutions Committee, District Council Grievance Committee and Election Committee and such other committees it deems necessary.
The Delegate Body shall also have unlimited authority to raise and finally resolve any matter within the jurisdiction of this Council on its own initiative.
The Council by majority vote of the Delegates present, either in regular or special session, shall have the authority to adopt Operating Procedures to govern the Council and all Local Unions and to enact all measures, resolutions, trade rules, instruction to members and Local Unions and all other actions that may be necessary to further the objectives and purposes of the Council
Council Delegates shall be elected in accordance with the Constitution of The United Brotherhood and the approved New York City District Council of Carpenters Election Rules Council Delegates shall be elected for a term of not more than three years or until their successors are elected, qualified and installed.
DELEGATE CREDENTIALS Section 6
Recording Secretaries of Local Unions must forward credentials of the Delegates from their Local Union to the Council properly signed by the Local Union President and Recording Secretary with the seal of the Local Union affixed.
They shall be referred to the Executive Committee who shall investigate the same and report their findings to the Council with recommendations thereof
DELEGATES ATTENDING MEETINGS Section 7
All Delegates must sign in at all meetings of the General Delegate Body.
Any Delegate to this Council failing to attend its meetings shall upon the third (3rd) offense, provided they are successive and no reasonable excuse is presented and accepted by a majority vote of the Council, stand suspended and his Local Union shall be so notified.
No meeting of the Delegate body shall be held without a majority of delegates present. Forty five (45)
Delegates shall constitute a majority.
EXECUTIVE COMMITTEE Section 8.
The Executive Committee shall be a subcommittee of the Delegate Body and shall consist of one member of each Local Union nominated and elected by secret ballot of the membership directly and the President, Vice-President and Executive Secretary-Treasurer.
The Executive Committee shall prepare an annual budget for the Council to be considered, voted upon and
finally approved by the Delegate Body.
The Executive Committee shall review and make recommendations to the Delegates on all major purchases by the Council such as automobiles, computers and all personnel decisions, including salaries. The Executive Committee shall serve as the collective bargaining committee for conducting negotiations
The Executive Committee shall have the authority to appoint additional members to serve on any negotiating committee.
The Executive Committee shall make recommendations to the Delegates on the appointment and removal of Trustees to the Trust Funds.
The Executive Committee shall have the authority to conduct public and member relations including the publishing of "The Carpenter".
All changes or proposed changes to the By-Laws or Trade Rules of this Council or any of the Local Unions affiliated therewith shall be first referred to the Executive Committee for consideration and recommendation pending final approval of the delegate body.
Furthermore, in accordance with Section 11 B of the Constitution of the United Brotherhood the same must be submitted to the First General Vice-President for approval.
The Executive Committee shall regularly review the District Council's referral records to determine that job referrals and the appointment of stewards are being conducted fairly and properly in accordance with the job referral rules and shall report their findings to the Delegates The Executive Committee shall submit a
report on Council operations to each meeting of the Delegate Body
DISTRICT COUNCIL OFFICE Section 9A
There shall be a President, Vice-President, Executive Secretary-Treasurer. Warden, Conductor, and three (3) Trustees. The term of these offices shall be four (4) years.
NOMINATIONS AND ELECTIONS Section 9B
The nomination, election and installation of members for such offices shall be governed by the Constitution of the United Brotherhood, the approved Election Rules of this District Council and in accordance with the following provisions
(A) Candidates for President, Vice-President, and Executive Secretary- Treasurer shall be nominated and elected by secret ballot of the membership directly. Candidates for Warden, Conductor and the Three (3) Trustees shall be nominated' and elected by the Delegate body Candidates for all such offices must be working within the bargaining unit represented by their Local Union, or employed full time within the framework of the United Brotherhood to be eligible.
(B) Candidates duly nominated and elected, by virtue of their office, shall be deemed a Delegate from their Local Union for the ensuing election of Local Union Delegates to the Council
VACANCIES IN OFFICE Section 9(C)
1. In the case of a vacancy in the office of Executive Secretary- Treasurer. due to death, retirement, or removal, the President shall become Executive Secretary- Treasurer Protem until such time as an election may be held.
In the case that there is one (1) year or less left to the term of office the Executive Secretary- Treasurer protem shall complete said term of office.
2 In the case of a vacancy in the office of President, due to death, retirement, or removal, the Vice-President shall become President protem until such time as an election may be held.
In the case that there is one (1) year or less left to the term of office the President Protem shall complete said term of office.
3. In the case of vacancy in the office of Vice-President, due to death, retirement or removal, the Executive Secretary-Treasurer shall appoint one of the members of the Delegate Body as Vice-President protem, until such time as an election may be held.
In the case that there is one (1) year or less left to the term of office the Vice-President protem shall complete said term of office.
4. In the case of a vacancy in the office of Executive Delegate, due to death. retirement, or removal, the Local Union President from the Local Union from which the vacated Executive Delegate came shall appoint one of the elected Delegates from that Local as Executive Delegate Protem, until such time as an election may be held. If there is one (1) year or less left to the term of office the Executive Delegate Protem shall complete said term of office.
DUTIES OF THE PRESIDENT Section 10.
It shall be the duty of the President to preside at all meetings of the Council, enforce a due observance of the Constitution of the United Brotherhood and the By-laws of the District Council, conduct the same according to parliamentary rules, rules of the delegate body and perform such other duties as designated by the body
DUTIES OF THE VICE-PRESIDENT Section 11
The Vice-President shall assist the President in the performance of his or her duties and conduct meetings in his or her absence the same rules are to govern as are applied to the President.
DUTIES OF THE EXECUTIVE SECRETARY-TREASURE Section 12
(A) The Executive Secretary shall be responsible for the management and supervision of the field activities, business office (s), and for conducting the daily business of the Council in accordance with the Council policies established by the Delegate Body.
The Executive Secretary- Treasurer shall assume all of the duties of the Recording Secretary and
All monies paid into the Council shall be deposited by the Executive Secretary-Treasurer in the name of the Council in such bank or banks as properly designated by the Executive Committee
The Executive Secretary-Treasurer shall furnish each Local Union with a copy of the quarterly financial report of the Council certified by the proper committee this report shall be signed by the Trustees of the Council.
He shall perform such oilier duties from time to time as the Executive Committee or the Council Delegates may direct.
The Executive Secretary-Treasurer shall furnish each Local Union a correct record of each meeting of the Council, copies of which shall be made available to members upon request at the Local Unions
All collected claims shall pass through the hands of the Executive Secretary-Treasurer and he shall keep a record of the same.
The Executive Secretary-Treasurer shall refer all bills to the Trustees for investigation, after which they shall be presented to the Council Delegates for final approval.
The Executive Secretary Treasurer is specifically authorized to expend, subject to the approval of the Executive Committee and in accordance with the procedures of these By- Laws and the budget approved by the Delegates, funds for any or all of the purposes and objects of the Council established by the Delegate Body
The Executive Secretary-Treasurer shall have the authority to hire, discipline, suspend, promote or terminate all clerical or custodial employees and shall determine their duties, assignments, compensation, hours of employment and conditions.
The Executive Secretary- Treasurer shall have the authority to appoint, hire discipline, suspend, promote or terminate Council representatives and organizers, subject to the approval of the Executive Committee by majority vote.
The Executive Secretary - Treasurer shall determine the number of Business Representatives, to be elected by the rank and file in a one member one vote election by the affiliated Local Unions of the Council.
He or she shall have the authority to appoint additional Business Representatives to any Local Union if the need for such arises.
Elections of Business representatives shall be in accordance with the Constitution of the United Brotherhood, the Consent Decree entered in United States v. District Council et al., 90 civ. 5722, and State and Federal Laws.
All officers, Business Representatives, and assistant Business Representatives, at the expiration of their term of office, when removed or suspended, or when their offices are declared vacant, shall deliver to their successors all books, papers, moneys, and other property in their possession belonging to the District Council and they shall not be relieved from their bonds or obligations until this provision is complied with. A financial officer shall be entitled to have an audit made of his or her financial books and records before turning them over to his or her successor.
In the event an audit is not made in accordance with the foregoing, a financial officer succeeding to office shall be entitled to have an audit made of his or her predecessor's financial records. Delivery of financial books and records to the Trustees or auditor selected by the District Council shall constitute compliance with this Section. The cost of such audits is to be borne by the District Council.
(B) The Executive Secretary-Treasurer, by virtue of his or her office, shall automatically be deemed as a Delegate from the Council to the conventions or meetings of the United Brotherhood, State Building and Construction Trades Councils Labor Federations, and or any other organizations, conferences or meeting in which the Council may participate or become affiliated.
The Executive Secretary-Treasurer or his designee shall be chairman of all negotiating committees
The Executive Secretary-Treasurer shall serve as a trustee on any and all trust funds including but not limited to, health and welfare, pension, labor-management and Joint apprenticeship and training funds
The Executive Secretary-Treasurer shall review with the Executive Committee all minutes of any trust funds meeting and answer all questions put to him regarding such minutes, with a copy of same to remain at the office of the Council.
The Executive Secretary-Treasurer shall notify each Local Union by mail, no later than April 15th. of the year of each general election of Local Union Delegates to this Council, the correct number of Delegates each Local Union is entitled to have elected
The Local Union shall notify the Executive Secretary-Treasurer. by certified mail, of the names of the elected Delegates within thirty (30) days of the election. It is compulsory that the Executive Secretary-Treasurer of the Council notify
(delete the following: these Delegates by mail that nominations and elections of the Council Officers and the Executive Committee will be held. at the regular Council meeting in August
And add in its place the following:) the membership by mail of the nominations and election of the Council officers and the Executive Committee.
Nominations and Elections will take place at a location chosen upon the recommendation of the Election Committee, and passed by the Delegate Body
This election is to be a one member, one vote, rank and file election and shall be consistent with the approved election rules of the New York City and Vicinity District Council of Carpenters
These By-Laws herein adopt said Election Rules.
The Executive Secretary-Treasurer shall keep a record of each meeting, keep all documents and correspondence, issue all calls for a special meeting, keep a record of all charges, trials and fines, take charge of the seal of the Council and affix same to all official documents, sign all legal orders, keep a correct account between the Council and shall hold in his or her possession a sum of money not to exceed $10,000.00 for contingent expenses
He or she shall issue quarterly work cards to the affiliated Local Unions The Executive Secretary-Treasurer shall take charge of all the ballots cast in any election of the Council and shall preserve said ballots and other records relating to the election for a period of one year after the election date
The Executive Secretary-Treasurer may delegate any of his authority to a representative of this Council when he deems it necessary
DUTIES OF THE WARDEN AND CONDUCTOR Section 13
The Warden shall take charge of the door at all meetings of the Council and allow no one to enter except those who are entitled to do so.
The Warden shall take charge of the Delegate sign in sheets and hand them over to the Executive Secretary- Treasurer after all meetings of the Delegate Body.
The Conductor takes up the password at all meetings.
TRUSTEES (AUDITING AND FINANCIAL) Section 14.
The Trustees shall have supervision of all funds and properties of the Council subject to such instructions from the Executive Committee as they may receive from time to time.
The title to all property of the Council shall be held in the names of the Trustees of the Council and / or their successors in office.
The Trustees shall audit all books and accounts of the Executive Secretary-Treasurer at least monthly and report their findings to the Delegate Body and perform such other duties as the Council may require.
The Trustees shall audit all receipts and accounts of any other person authorized to collect funds. The Council shall engage a certified or registered public accountant for periodic audits, but not less than once a year, and such audits shall be done in accordance with generally accepted accounting principles and procedures and examined by the Trustees for comparison with the Trustees’ audit who shall report their conclusions in writing to the Delegate Body
HIRING HALL OR JOB REFERRAL SYSTEM Section 15.
(A) The Executive Committee shall adopt, and all workers shall be governed by, uniform rules and I or procedures consistent with the Consent Decree entered in United States v. District Council, et al., 90 civ. 5722, for the registration and / or referral to employment of unemployed workers. Workers shall have employment mobility throughout the territorial jurisdiction of the Council.
(B) The referral of all workers to jobs shall be performed by the Executive Secretary- Treasurer The Executive Secretary- Treasurer shall maintain records of all worker registration and referrals may be reviewed by any member upon reasonable request
(C) Off-hour and emergency job dispatch by Local Unions shall be done in accordance with the out-of-work list referral rules
APPOINTMENT OF STEWARDS Section 16.
In order to better service the contractor base, to better provide work opportunities for our rank and file members, to maintain and protect our benefit funds and various other funds contributions, and to protect and maintain our jurisdiction for our trade, each Local Union must have the authority to send shop stewards from their home locals.
(A) Before a member can be appointed as a steward he or she must have completed the
Carpenters LU 20. 45. 157. 608. 926. & DockBuilders
1. UBC Construction Steward Training Class
2. 10-hour Construction Safety Course (OSHA)
3. First Aid Certified
4. CPR Certified
5. Sexual Harassment Prevention Course
6. Hazardous Communication (MSDS)
7. Hilti/Ramset Powder Tool activated certified
8. Certificate of Fitness Bureau of Fire Prevention NYC Fire Dept.
9. Laser Safety (NYS DOL)
10. District Council Work Session and I.D. Process
Floor Coverers. Timbermen. and Cabinet Makers
1. UBC Construction Steward training Class 2. 10- Hour Construction Safety Course (OSHA)
3. First Aid Certified 4. CPR Certified 5. Sexual Harassment Prevention Course 6. Hazardous
Communication (MSDS) 7. District Council Work Session and ID Process
1. UBC Construction Steward Training Class 2. 10-Hour Construction safety Course (OSHA)
3. First Aid Certified 4. CPR Certified 5. Sexual Harassment Prevention Course 6. Laser
safety (NYS DOL) 7. Hazardous Communication (MSDS) 8. District Council Work Session
and ID. Process
(B) Stewards are charged with the responsibility to ensure that the General Constitution,
these District Council By-Laws. Working Rules, and provisions of the collective bargaining
agreements are enforced.
(C) The duties of a steward shall be as follows:
He or she shall see to it that only members in good standing and having dues receipts (work card or dues book) and photo identification are permitted to work
He or she shall promptly ascertain and report to the Council, in writing, truthfully setting forth the name of every person on the job and each day of the week.
Noting the hours worked and he or she shall report such additional facts as the Council may from time to time require.
He or she shall see to it that all union conditions are complied with and shall forthwith report all violations
to the Council.
For failure to discharge the duties imposed on him or her by this Section, namely, checking on the good standing of every member, sending in regular shop reports to the District Council, tolerating abuses and or violations of the Agreement, he or she shall be removed forthwith front the job as steward.
In the event that a steward is to leave his or her shop or job and start work for another employer he or she is to notify the District Council immediately.
(D) On each and every job, there shall be a job steward appointed by the Union from the
out- of- work list
(E) All shop and job stewards must attend not less than 75% of all Local Union meetings
and shall attend all steward meetings as a condition to maintaining their credentials. These
stewards meetings shall be called by the Business Manager / Executive Secretary-Treasurer
at his or her discretion and shall act as a forum and means of instruction on picketing,
organizing, the District Council By-Laws, the trade Agreement and the General Constitution
of the United Brotherhood.
(F) All training shall be made available to all members in good standing.
COLLECTIVE BARGAINING Section 17
The Executive Committee shall have the exclusive power and authority to negotiate, the Delegate Body to consider and finally approve, and the Executive Secretary-Treasurer to execute Collective Bargaining Agreements for and on behalf of its affiliated Local Unions and as per the Constitution of the United Brotherhood.
(THE FOLLOWING IS TO BE DELETED)
except to the extent the International Union exercises its jurisdiction or authority.)
TRUST FUNDS Section 18.
The Delegate Body shall have the power and authority to appoint and remove representatives for and on behalf of its Local Unions to act as Trustees for all negotiated Employer / Union Trust Funds including, but not limited to, Health and Welfare, Pension. Labor-Management Cooperation Committee, Vacation, Savings and Holiday Plan and Apprenticeship, and to determine all allocations from negotiated total wage amounts to such negotiated Trust Funds.
INITIATION FEES Section 19.
The initiation fee(s) in this Council shall be in accordance with the Constitution of the United Brotherhood. The Initiation Fee for apprentices shall also be in accordance with the Constitution of the United Brotherhood.
Where an ex-member has violated any of the Rules and Laws of this Council and has been tried and found guilty of same and where a fine has been imposed, such fine must be paid before initiation.
WORKING CARDS Section 20.
The Council shall have the power to issue quarterly working cards to the Local Unions for each member of the United Brotherhood on the Local Unions books.
No member shall be entitled to receive a working card from a Local Union unless all arrearages for dues, fines and assessments are paid in full.
WORKING DUES (DUES CHECK-OFF), SPECIAL ASSESSMENTS AND PER CAPITA TAX
(A) The Council shall receive working assessments in the amount of 1% of the members total package rate as reflected in the current collective bargaining agreement covering the members for each hour worked The working dues to this council shall be due on the first day of the month and must be paid to the Council not later than the 15th day of the following month.
(B) In case of a deficit in the funds of the Council, the Council may levy a special assessment on each Local Union based on the number of members in the Local The Council must give 30 days written notice to the Delegates and the principle office of each Local Union prior to such special assessment and shall require a majority vote by secret ballot of the Delegates to the Council at a Special Convention to adopt this special assessment which must be approved by the first General Vice-President.
The Executive Secretary-Treasurer shall notify all Local Unions that said assessment must be paid within 60 days from the time of approval
(C) The council may establish monthly dues or increase working dues payable to the Council by a majority vote of the Delegates voting at a Special Convention of the Council held upon not less than 30 days’ written notice to the principle office of each Local.
(D) If a member who owes working dues fails to pay them as provided by these By-Laws, such working dues shall be charged to the member by notice in writing that same must be paid within 30 days to entitle the member to any privilege, rights or donations
If the member does not make payment of arrears within the time prescribed, the member shall not be in good standing and he or she shall be notified in writing that unless the amount owing is paid within 30 days thereafter his or her name shall be stricken from the membership.
Notices shall be sent to the last known address of the member reported to the Local Union.
(E) For any quarter in which less than 90% of a Local Union’s membership have not signed authorization cards providing that working dues will be paid to the Council, per capita tax in the amount of $ (fill in the amount) shall be payable by such Local Union to the Council based on the number of non-participating members.
(F) The Council may impose a per capita tax on each Local in the amount of $5.00 per member. The Council may increase the amount of the per capita tax by majority vote of the Delegates voting at a special convention held by the Council upon not less than thirty days’ written notice to the principle office of each local union.
(G) It shall be mandatory that each active member provide at least 1 day and/or 7 hours of Union activity (picketing etc. ) per calendar year when called upon by the New York City District Council of Carpenters... any assessment, fine or penalty for failure to perform such activity...shall be used to defray the expenses of organizing and shall not be used for any other purpose.
UBC Constitution provides: Any member found guilty of violating the BYLaws may be fined an amount not in excess of three hundred ($300) dollars.
MONTHLY DUES Section 22.
The monthly Dues payable to the Local Unions in this Council shall be established by the Local Unions and must be adequate to enable the Local Union to operate in an efficient, proper and solvent manner in the service aid best interests of its membership.
Monthly dues payable by the members to the Local Unions shall not be increased except upon the approval by majority vote by secret ballot of the members in good standing voting at a general or special membership meeting after reasonable notice or by majority vote of the members in good standing in a membership referendum conducted by secret ballot.
In addition, monthly dues payable to Local Unions must be approved by the Council
Each Local Union shall furnish the Council with a correct monthly report of all members as indicated by the International per capita sheet
All members of the United Brotherhood working within the jurisdiction of the New York City District Council and its affiliated Local Unions must carry the work card of the current quarter and shall be in possession of same no later than the fifteenth (15th.) day of the first month of the quarter.
Members who fail to comply with this Section shall be subject to removal from the shop or job under the terms of the collective bargaining agreement there applicable.
All members of local unions not affiliated with the New York City District Council of Carpenters shall be required to obtain a work permit at the District Council office before starting work
DELINQUENT LOCAL UNIONS Section 23.
A Local Union owing per capita tax for two months and the same not being paid by the end of the third month, such Local Union Delegates shall not have a vote or voice in the Council.
When a Local Union owes a sum equal to three months per capita tax to the Council, its Delegates will not be entitled to a seat in that body nor shall the members of the delinquent Local Union be entitled to the work card of the Council.
MEETING NIGHTS Section 24.
The Delegate Body and the Executive Committee shall conduct formal meetings at least monthly and sooner if necessary to carry out the duties and responsibilities imposed by these By-Laws The regular meetings of this Council shall be held on the second (2nd.) Wednesday of each month, and no business shall be transacted after 11.00 P.M. unless by a majority vote of the Delegates present immediately after reading of the minutes.
Special meetings may be called by the President and Executive Secretary-Treasurer upon written
request of three Local Unions and the nature of the business shall be stated and no other business shall be transacted except that for which the meeting is called.
The Executive Secretary-Treasurer shall notify each Delegate of the Council in advance to attend the
A quorum shall consist of a majority of all the Delegates.
All meetings of the Delegate Body and the Executive Committee shall be in executive session.
Minutes of all Council meetings shall be taken and promptly distributed to each Delegate and the Local Unions.
Members may receive copies of minutes upon request
The Fiscal year for this Council shall be July 1st. to June 30th. All accounts shall be audited and a complete financial report for the fiscal year be brought forth by the Trustees no later than ninety days following the close of the fiscal year.
Members may receive copies of report upon request
OFFICERS BOND Section 26.
Every officer, agent or employee of the Council who handles funds and property thereof shall be bonded through the General office for the faithful discharge of their duties.
SPECIAL DISPENSATION Section 27
The Executive Committee may require the personal appearance of the applicant before said Committee prior to the granting of special dispensation.
CHARGES AND TRIALS Section 28.
(A) The charges and trail procedures shall be set forth in the Constitution of the United Brotherhood.
Any officer or member who shall be found guilty of improper conduct, or who wrongs a member or defrauds him, or who commits an offense discreditable to the United Brotherhood shall be fined, suspended or expelled.
(B) There shall be a Trial Committee of eleven members of the District Council.
They shall try all charges of violation by officers or members of Local Unions, of the Constitution of the United Brotherhood, By-Laws and Trade rules of this Council that may be submitted to them.
The conduct of all trials in the District Council shall be governed by Section 56 of the Constitution of the United Brotherhood. and in accordance with the requirements of the State and Federal Government In the event the Trial Committees members cannot fill the quota of trial members needed, the Executive Secretary-Treasurer may draw upon members of affiliated Local Unions.
(C) All charges must be signed by the members making the charges.
If the Section of the Constitution, By-Laws, and or Trade Rules violated has more than one provision, the charges shall state the provision or the provisions violated and the time and place of violation.
The names and address of the witnesses must accompany the charges.
(D) On the Presentation of charges, the Trial Committee shall forward to the accused a copy of the charges and notify him or her to appear to answer said charges on the date specified by the summons. The charges, summons to appear, notice of trial, or any other notice may be served by registered mail, certified mail or personally.
The trial must be held not less than fifteen (15) days nor more than ninety (90) days after the mailing of the charges.
(E) Any member that is party to the charges notified by the Trial Committee, who fails to appear and testify, shall be held in contempt, and shall be fined not less than fifty dollars ($50.00) nor more than one Hundred dollars ($100.00) for each offense unless a reasonable excuse is presented and excepted by the Trial Committee.
(F) All fines must be paid within thirty (30) days after notice personally served, or by
registered or certified mail to the accused of the decision of the Delegates to the District
Council on the report of the Trial Committee.
(G) All fines imposed by the Delegates to the District Council must be charged against the
member by the Financial Secretary of the Local Union to which the in member belongs and
when collected must be transmitted to the Executive Secretary-Treasurer of the Council no
later than ten (10) days thereafter. A Financial Secretary failing to comply with this Section
shall be fined the sum of fifty dollars ($50.00).
(H) Any member who has been found guilty of a charged violation under Section 52 of the Constitution of the United Brotherhood may file an appeal with die General Secretary- Treasurer in accordance with Section 53 of the Constitution of the United Brotherhood.
MISDEMEANORS AND PENALTIES Section 29.
Any Local union officer or member thereof who publishes or has published, in any form, any of the business of the District Council or any member who shall make known to any person or persons not entitled to knowledge thereof, any of the business of this District Council, shall be judged and tried as provided for in these By-Laws, and upon conviction shall be expelled.
The matter referred to above shall be taken up and discussed at regular meetings of the Local Unions or the District Council.
Any officer or member who shall be guilty of improper conduct, or who wrongs a member or defrauds him, or who slanders a member or officer of the District Council, or who commits an offense discreditable to the United Brotherhood shall be fined, suspended, or expelled.
REPRESENTATIVES AND ORGANIZERS Section 30.
All Representatives and Organizers working in the jurisdiction of the Council shall be employed by and placed under the supervision and direction of the Council pursuant to the plenary power of the Delegate Body.
No Representative or Organizer shall have authority to act as such until he or she receives the proper credentials from the Council through the Executive Secretary-Treasurer.
Any member who represents himself or herself as a representative or any member acting as such and not having received credentials from the Council, or a Business Representative whose credentials have been canceled and who represents himself or herself as a Representative of this Council or any Local Union, shall for the first offense, after having been tried and found Guilty, be fined the sum of five hundred dollars ($500.00) and for the second offense, if found guilty shall be expelled from the United Brotherhood.
APPRENTICES Section 31.
Apprentices shall be admitted to membership in accordance with the Constitution of the United Brotherhood and applicable State and Federal laws.
It shall be the Duty of the Financial Secretary of the Local Union to have the apprentice submit his or her birth certificate when he or she is making application for membership and see that such certificate shall be read by the presiding officer before the apprentice is initiated.
FURTHER OBJECTIVES Section 32
The Council shall have the authority to organize and operate a special Political Action Committee for the purpose of political objectives including, but not limited to, public relations, political activities and contributions and furtherance of legislation.
LAWSUITS AGAINST THE COUNCIL Section 33.
No member fined, suspended or expelled by action of the Council shall file any lawsuit
against the Council, its officers or Representatives or its affiliated Local Unions without first
exhausting all appeal remedies provided for in these By-Laws and Constitution of the United
AMENDMENTS Section 34.
(A) Any amendments to these By-Laws must be accomplished by a two-thirds vote of the Delegate Body at a Special Meeting
(B) Proposed amendments may be submitted in writing by three (3) Local Unions with the seal affixed provided that a Resolutions Committee has reviewed and approved the resolution as to its legality in accordance with the Constitution of the United Brotherhood and the applicable Collective Bargaining Agreement, and State and Federal Laws.
(C) All amendments to the By-Laws or Trade Rules of this Council or any of the Local Unions shall first be referred to the Executive Committee for Consideration and recommendation, and then referred to a By-Laws subcommittee, pending approval by the Delegate body and in accordance with Section 11B of the Constitution of the United Brotherhood, the proposed changes must be submitted to the First General Vice-President for approval.
Any notice required pursuant to Paragraph 12 of the Consent decree entered in United States v District
council et al., 90 civ. 5722, shall be given by the Executive Committee before any amendment is submitted to the Delegate Body.
SEVERABILITY Section 35.
If any Section or part of these By-Laws shall be held invalid by operation of law or by any tribunal of competent jurisdiction. the remaining Sections of these By-Laws shall not be affected thereby and shall remain in full force and effect
LOCAL UNION BY-LAWS Section 36.
By-Laws of Local Unions must be submitted to the Council for approval All By-laws of Local Unions that are inconsistent with these By-Laws are superseded.
OFFICE OF EXECUTIVE SECRETARY- TREASURER EMERITUS Section 37.
The office of Executive Secretary-Treasurer Emeritus shall be bestowed upon a former Executive Secretary-Treasurer of this District Council who shall have served in such capacity for ten (10) years or more and to whom such honor has been conferred upon by a majority
vote of the Delegate Body.
There shall be no more that: one (1)) Executive Secretary - Treasurer Emeritus at any one time, and he or she shall serve for the duration of his or her lifetime or until such time as he or she may voluntarily relinquish his or her office.
The Executive Secretary- Treasurer Emeritus shall receive no salary but shall receive such other emoluments as have been unanimously approved by the Delegates of the District Council.
The Executive Secretary-Treasurer Emeritus shall be a permanent Delegate to the District Council with a voice but no vote, and shall serve in an advisory capacity to the District Council and its delegates.
DISTRICT COUNCIL HEADQUARTERS Section 38.
The office and headquarters of the District Council shall not be used for any purpose other than the business of the District Council. The Council shall not be liable or responsible for any expense pertaining to day rooms.
TRADE RULES TO GOVERN ALL MEMBERS WORKING UNDER THIS JURISDICTION
ARTICLE 1 Hours
The hours constituting a day’s work shall be determined by the collective bargaining agreements.
A provision for a one half (1/2) hour lunch period shall be included in all such agreements, as will a one half (1/2) hour dinner period when the hours of work demand
If overtime work is to be performed such as. after hours, contractual holidays. Saturdays or Sundays the applicable overtime rate shall be paid and permission must be attained from the District council before any overtime is performed
Under no conditions shall work be performed on Labor day.
Holidays occurring on a Sunday shall be observed on the Monday next following.
Holidays occurring on a Saturday shall be treated as though it were a working week day.
Wages paid on work performed on a paid holiday shall be in accordance with the Collective Bargaining agreement.
Holidays shall be observed in accordance with current Federal and State Laws and the applicable current collective bargaining agreements.
ARTICLE 2 Transportation
Where, for the benefit of an employer. a member must cross a body of water in order to reach the job site. and where there is no public transportation to said site, then it shall be the duty of the contractor to provide adequate safety and comfort for the member’s transportation.
The employer shall cover such members under a policy of Public Liability Insurance, the certificate of which shall be posted in a conspicuous place on any conveyance used by the employer.
Should such transportation whether private or public require extraordinary fare, such fare shall be paid by the contractor.
ARTICLE 3 Lumping
It will be a violation of the Trade Rules for a member to lump work, or to sub-contract or work on a lob where a lumping condition exists.
A member may contract work for an owner of a premises provided said owner is not a builder. contractor or real estate speculator, architect or tenant and provided that the member furnishes the materials to be used.
Further, such member must sign a current collective bargaining agreement with the District Council.
The Executive Committee shall investigate charges of violating this article and if it determines that there has been a violation shall refer the case to the District Council for due
process under the Laws of the United Brotherhood. Penalties upon conviction may range from fines to expulsion in relation to the seriousness of the offense.
ARTICLE 4 Wages
1. No member shall accept wages less that: that set as a result of the collective bargaining process between the employers or employer associations and the District Council. Wages shall be paid during working hours not later than 3:30 P.M. on a specific weekday set by the employer. Payment of wages shall be made on the job site or in the shop of the employer not later than 3:30 P.M. and if necessary the member shall be allotted sufficient time to return to the shop or office of an employer to receive his or her pay.
Not more than three (3) days pay shall be withheld by an employer for book keeping or other reasons. Wages shall be paid in cash, placed in envelopes upon the outside of which shall be plainly marked
the employer’s name and address, the member’s name, and pay number, if any, his social security number, the number of hours worked, any deductions made for whatever reason and the net amount of wages enclosed.
Payment may also be made by check either through union permission or according to the terms of the collective bargaining agreement
Should a member be required to wait for his or her pay after the hours specified above, then in addition he or she shall receive double time for the first two hours of waiting and single time for any additional waiting time. However, such waiting time shall not exceed fourteen (14) hours.
A member wishing to make claim for waiting time shall be required to show proof that he or she was actually present on the job during the waiting time claimed.
Any member who is aware of the violation of any of the rules it: reference to wages shall immediately
notify the District Council.
Upon timely notification the District Council shall proceed to collect the moneys due the member.
A member who fails to report such violation to the District Council within forty-eight (48) hours shall forfeit his claim.
Forfeiture of claim is to be strictly enforced by the District Council.
2. Members required to report at the shop in the morning in order to pick up labor or material, or members engaged in constructing miter boxes, saw benches. filing of saws or sharpening of tools, must confine their activities to the regular work hours, that is, 8 A.M. to 5 P.M. or according to the appropriate collective bargaining agreement The member shall not engage in any of the above mentioned activities nor shall he or she move tools from one job site to another site during the lunch period.
When, for the benefit of an employer, a member is required to work outside the jurisdiction of his or her own District Council, then the member shall conform to the Trade Rules of the District or Region where he or she is employed and he or she shall receive the negotiated wage scale of the New York City District Council plus expenses.
ARTICLE 5 Apprentices
1. A member shall commence his apprenticeship it: accordance with the Constitution and Laws of the United Brotherhood and applicable State and Federal laws.
The number of apprentices to be assigned to a journeyman shall be set by the Executive Committee of the
District Council in the absence of a negotiated clause in the collective bargaining agreement..
ARTICLE 6 Working Conditions
1. No member of this organization shall furnish benches, clamps, handscrews, power tools, or any other special equipment for the use of the employer, nor shall they move benches or other equipment into or out of any shop.
2. No foreperson shall allow or permit others that:
members of the United Brotherhood to do any work that falls under the jurisdiction of the United Brotherhood.
3. All members who work at the trade shall use reasonable precaution for the safety of their own tools. They shall provide themselves with a tool box containing a suitable lock At the end of each day the member shall have locked his or her tool box and placed them in a suitable locker, to be provided by the employer.
4. A member shall notify the District Council of loss of tools or clothing caused by fire or theft Notice shall consist of a written notarized affidavit listing the tools or clothing and cost of same.
Such notification must be given within forty-eight (48) hours after the loss. Failure to give such timely notice will cause the member to forfeit the protection of the District Council.
A member shall become personally responsible for the safety of his or her tools forty-eight (48) hours after any lay-off in the absence of re-hiring.
5. When a claim has been duly made, the District Council shall forward the information to the Business Representative in the appropriate area.
The Business Representative shall investigate the facts and if he or she ascertains that the claim is valid, he or she shall use the power of the organization to collect same.
The allowance for tools and clothing shall be as fixed by the collective bargaining agreement.
6. Overtime work shall be performed only after permission has been granted by the District Council. Members may not work overtime either in evenings. Saturdays. Sundays or holidays for any employer other than the regular employer.
If additional workers are required after the regular workers have been assigned to overtime work, then additional workers must be supplied from the ranks of the unemployed or according to the applicable
collective bargaining agreement and or Past practice.
7. Any officer or member who is guilty of improper conduct, or who wrongs. defrauds, or slanders a fellow member or officer who acts in a manner discreditable to the United Brotherhood member shall be liable to, removal from office, fine, suspension or expulsion.
8. A member guilty of returning or rebating any part of his wages to his employer or an agent of his employer shall suffer the penalty of expulsion from the Brotherhood. A member shall not accept less than minimum rate of wages as agreed upon between the employer and the District Council through the regular collective bargaining process.
A member found guilty of violating this section shall be fined for the first offense in an amount fixed by the
Delegates to the District Council and for the second offense, he or she shall be expelled and forever debarred from the membership in the Brotherhood.
9. Any member obstructing a business representative in the lawful discharge of his or her duties or who willfully violates a lawful strike shall be subject to charges and penalties by the District Council.
10. Any member-foreperson who shall unlawfully ask for or receive any money from a member shall be subject to charges and penalties of the District Council.
11. The commencement of a job either on the outside or in a shop, shall be immediately reported to the District Council and the proper Local Union by telephone by the first member on said job. Such member shall act as job steward until the business representative for that area appoints a certified job steward.
If necessary, the business representative may appoint more than one job steward. No member shall refuse to serve as job steward whet: so appointed by the business representative.
12. The full protection of this organization shall be afforded to any job steward in the proper performance of his or her duties or when there is evidence of discrimination against him or her because of his or her position as a job steward.
In such case the Council shall make a proper investigation of all the facts
13. Refusal by a member to show his or her work card and or his or her most recent record of wages and benefits when called upon to do so by the business representative or job steward shall subject such member to charges and penalties.
14. Where a business representative is authorized to call a strike and in fact does so. He shall take the names and Local Union numbers of each member ordered to strike.
15. Picketing shall be permitted only upon approval by the District Council.
16. All matters presented to this Council for action shall be in writing, signed by the applicant.
17. Any member charged, tried and found guilty of violating any of the foregoing Laws or Trade Rules, shall be fined a sum fixed by the District Council Delegate Body or such other penalty as the District Council may decide.
18. All requirements in these Trade Rules which are placed upon due employers are negotiated requirements and are part of the local agreements of record.
RULES OF ORDER To Govern Delegates Seated in the District Council
1. Delegates desiring to speak shall rise and address the Chair; upon recognition by the presiding officer they shall be allowed to proceed.
2. No delegate shall speak more than once upon any question, until all others have spoken who so desire, nor more than twice without unanimous consent of the delegates present and then only at the discretion of the presiding officer.
3. No delegate shall be allowed to speak more than five (5) minutes upon any question, except by unanimous consent of the delegates present, and then only at the discretion of the presiding officer.
4. Should he desire the floor, the maker of a motion or a resolution shall be recognized first by the presiding officer immediately after the question is put
5. Any delegate refusing to come to order after being called twice by the chairman, shall be suspended for the balance of the meeting from voice or vote, after being called to order a third time by the chairman the delegate shall leave the root:: or be removed from the room for the remainder of the meeting. Charges may be filed against said delegate if the call for it is just
The Parliamentary Rules as set forth in the Constitution of the United Brotherhood and thereafter Robert’s Rules of order shall govern all meetings of the District Council Delegate Body as well as meetings of the Executive committee.
DISTRICT COUNCIL FOR NEW YORK CITY AND VICINITY,
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO
395 Hudson Street
Telephone (212) 366-7500
Are these the current By-Laws the NYCDCC are using?
|Free forum by Nabble||Edit this page|