CONSTITUTION AND BY-LAWS
of the
United
Marine Division
I.L.A.-A.F.L.C.I.O.
Local 333
Revised
February 7, 2007
Within
jurisdiction as defined by the Executive Board of Local 333 or terms of
affiliation with another Labor Organization
Organized, October, 1937
5. Article II - Elective Offices
7. Article IV - Duties of Officers
17. Article XIV - Saving Clause
19. Union Member Rights & Officer Responsibilities under the L.M.R.D.A.
1.
Roll Call of Officers.
2.
Reading of Minutes of last meeting
for correction and approval.
3.
Reports of Committees.
4.
Report of Secretary-Treasurer.
5.
Report of Officials.
6.
Reading of Communications.
7.
Unfinished Business.
8.
New Business.
9.
Suggestions from the membership for
the good of the Local.
10.
Adjournment
We,
the members of Local 333 of the United Marine Division, composed of persons
employed on vessels within such jurisdiction as may be defined by the Executive
Board of Local 333 or the terms of affiliation with another labor organization,
to better regulate matters pertaining to our Local and render its workings more
efficient, also to better promote the welfare and working conditions of its
members and better safeguard the lives and property entrusted to our care, do
hereby formulate the following Constitution and By-Laws for our guidance and
control.
Section
1. This
organization shall be known as Local
333, United Marine Division, International Longshoremen’s Association, AFL-CIO.
Section
2. This
Local may,
with the consent
of the United Marine
Division, affiliate
with or disaffiliate
from any other labor organization by a majority vote of those members who
are entitled to vote in a regular election of officers, except that the Local may
not disaffiliate from the United
Marine Division.
Section
3. This
Local shall be composed of Masters, Mates, Pilots, Marine Engineers, Deckhands,
Firemen, Oilers, Cooks, Messmen, and all other persons employed on vessels
within such jurisdiction as may be defined by the Executive Board of the Local
or the terms of affiliation with another labor organization.
The Local may also accept into membership such other persons as the
Executive Board shall authorize and approve.
ARTICLE
II - ELECTIVE OFFICERS
Section
1. The
elective officers of this Local shall be:
President and General
Manager.
Secretary-Treasurer
and Assistant Manager.
Seven
(7) members of the Executive Board.
No more than six
(6) Delegates nor less than
two
(2) as set by the
Executive Board.
Section
2. The
salaried elected officers of this Local shall be:
President and General
Manager.
Secretary-Treasurer
and Assistant Manager.
Delegates.
Section
3. Members
of the Executive Board, when attending regular meetings of that Board, shall be
compensated by fee as set by the Board upon recommendation of the President,
provided, however, if any such member of the Board is called upon to represent
the Local in an official capacity, or to attend a specially called meeting where
it may be necessary to employ a substitute for his regular position, the Local
shall compensate said member for such substitute.
Section
1. - Nominations Candidates
for elective offices shall be nominated at the regular meeting in the third
month preceding the expiration of the three year term of the then current
officers.
Nominations to be accepted must be made by a member in good standing and
seconded by two
members in good standing. Nominations shall be made under the
head of New Business and nominations shall be open until closed by vote of the
meeting. Any and all members who are citizens of the
Section 2. Immediately after nominations are completed, the presiding officer shall appoint a committee of five (5), to take full charge of the election. This committee shall immediately place slips with the names of the candidates for one office at a time in a receptacle and the President shall request a volunteer to draw one name at a time, and the order of this drawing shall determine the candidates’ position on the ballot, provided, however, that candidates who are incumbents shall head the ticket for their respective office.
In the event only one candidate shall be validly nominated for a particular office, there shall be no election for that office, and the nominee shall be deemed elected to the office for which he has been nominated.
Section 3. - Elections. This committee, with the assistance of the Secretary-Treasurer, shall prepare printed ballots containing the titles of the offices and the names of the nominees for each office and a poll list giving each member in good standing an official number which is to appear on the ballot envelope.
Voters shall be instructed to cast only one vote for each office (there shall be no cumulative voting).
There shall be no write-in votes.
Section
4. - Preservation
of Ballots. Upon the delivery
of the certification of the election results, the H.B.A., by its duly designated
representative, shall deliver all ballots and polling lists then in its
possession, in sealed packages to the Secretary-Treasurer, where they shall
remain for a period of one
year under his exclusive custody and control.
Section
5. No
paid employee of the Local, nor a candidate for office, shall be eligible to
serve on the election committee.
Section
6. - Term
of Office. All elected
officials of this Local shall be elected for a term of three
(3) years.
Section
7. - Installation. The
installation of all elected officials shall take place at the first
regular meeting after
the election.
Section
8. - Vacancy. Should
a vacancy occur in an elective office, such vacancy shall be filled as follows
for the unexpired term of that office.
(a)
The President
and General Manager, with the approval
of the Executive Board, shall appoint
a member to the office created by the vacancy.
(b)
Notwithstanding Paragraph (a) of the Section 8, the President and General
Manager, with the approval of the Executive Board, may permit the vacant office
to remain vacant
for the unexpired term.
(c)
If the President and General Manager’s office is vacant, then the
Secretary-Treasurer, with approval of the Executive Board, shall make the
appointment to that office for the unexpired term.
ARTICLE IV - DUTIES OF OFFICERS
Section
1. - President
and General Manager.
The President/General Manager shall be the principal executive officer of this organization. The President and General Manager shall be in general charge of and responsible for all business of the Local. He shall employ, assign, and direct all salaried employees of the Local subject to the review and approval of the Executive Board. He shall have the authority to employ and discharge accountants, attorneys and other professional advisors. He shall be chairman of the Wage Scale Negotiations Committee, and he, or his appointed representative, shall represent the Local and/or its members in all negotiations pertaining to wages and working conditions. He shall be responsible for the carrying out and performance of all lawful policies and directions of the Executive Board.
The
President/General Manager, in conjunction with the Secretary-Treasurer/Assistant
Manager shall have the authority to disburse or order the disbursements of all
monies necessary to pay the bills, obligations and indebtedness of the Local
Union, which have been properly incurred and provided herein. He
shall have the authority and power to pay current operating expenses of the
Local Union including, but not limited to, rents, utility and maintenance of the
Union Hall and salaries and expenses of officers and employees, subject to
review by the Executive Board.
Section
2. - Secretary-Treasurer
and Assistant Manager.
The
Secretary-Treasurer and Assistant Manager shall attend to and sign all routine
correspondence of the Local. All
special correspondence is to be signed by the President and attested to by the
Secretary-Treasurer and by the seal of the Local. Said
seal must be in the custody of the Secretary-Treasurer. He
shall assist and advise the membership in making reports to the local inspectors
and advise and counsel members of this Local in case of injury that may occur
while employed in the marine industry. He
shall also keep himself informed on all state and national legislation
pertaining to labor in general and to the marine industry in particular. He
shall be in charge of and responsible for all funds and properties of this
Local. He shall receive all monies due this Local and keep a tale record of all
monies received and paid out by him. He
shall have his books ready for audit by the Executive Board one week prior to
the first meeting of each month, or at such time as the Executive Board and
deposit all monies received by him. All
payments are to be made by check and only upon voucher approved and signed by not
less than four (4) members of the Executive Board. All
checks are to be signed by the Secretary-Treasurer and countersigned by the
President. When the amount on
deposit exceeds Fifty
Thousand Dollars ($50,000.00), the excess amount shall be invested in the
name of this Local in a manner approved by the Executive Board.
He
shall assist the President in the performance of his duties and perform such
other duties as the President or membership may direct. In
the event that the President is absent or declines to preside at any meeting of
the local, the Secretary-Treasurer shall preside. The
Secretary-Treasurer shall have a special punch made.
This punch is to be known as the Meeting Attendance Punch. The
presiding officer shall appoint a doorkeeper and said doorkeeper shall punch
members' cards as the members enter the meeting room. This
punch shall remain in the custody of the Secretary-Treasurer.
Section
3. - Executive
Board
(a)
The Executive Board shall elect a chairman and shall meet at
least once each month, or at the call of the President or the Chairman of
the executive Board. Except as
otherwise provided in these By-Laws, the
Executive Board shall be in charge of and full control of all funds and
properties of this Local. All
salaries of
elected officials and compensation for committee work are to be recommended
by the President, subject to approval
of the Executive Board. The
Executive Board shall
audit the finances of this local every
month and cause a financial statement to be made by the
Secretary-Treasurer at the regular meeting each month. The
Executive Board shall
have the books of the local audited
by a Certified Public Account at
least annually. They shall,
in case of death, resignation, suspension or removal of officer, take full
charge and possession of the office vacated, monies, properties, papers and
documents belonging to this Local and hold the same until such time as his
successor is installed in office. They
shall arrange to have all officers and employees of this local who are entrusted
with the handling of funds properly bonded.
(b)
The Executive Board shall constitute itself a Board
of Trustees which shall be in sole control of invested funds, and said
fund shall not be withdrawn or transferred except upon motion concurred in by no
less than five (5) Trustees.
(c)
Except as otherwise provided in these By-Laws, the Executive Board is authorized
and empowered to conduct and manage the affairs of this organization, and to
manage, invest, expend, contribute, use, borrow, lend and acquire Local Union
funds and properties in the pursuit of accomplishment of the objectives set
forth in the Constitution of the International Union and these By-Laws and
resolutions adopted in furtherance thereof. However,
the Executive Board shall not have the authority to bind the Local Union for
personal services to be rendered to the Local Union or its Executive Board, such
as, but not limited to, legal accounting, consulting, public relations and
editorial services by contract, agreement or otherwise beyond the expiration of
the Executive Board in office at the time such action is taken. The
Executive Board in addition to such other general powers conferred by these
By-Laws, is hereby empowered to:
(2)
Loan and borrow monies directly and indirectly for such purposes and with such
security, if any, as it deems appropriate, and with such arrangements for
repayment as it deems appropriate all to the extent provided by law, except that
no loans shall be made available to any officers or members of the Local Union
unless they are made available to all members of the Local Union on equal terms,
and provided further that all loans made by the Local Union shall require the
borrower to pay a reasonable rate of interest;
(5)
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 Executive Board. The local
Union Executive Board shall designate officer other than 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 either shall become
ill or incapacitated:
Section 4. - Delegates.
All
delegates are to be under the direct supervision and direction of the President
and General Manager. Delegates are
to be responsible for the organizing and membership of the zone or district to
which they are assigned by the President and General Manager.
Section
5. It
shall be the duty of all elected and appointed officers and salaried employees
of this Local to enforce and carry out the Constitution and By-Laws of this
Local. Failing to do so, any such
Officer or Employee renders himself liable to have charges preferred against
him, by any members in good standing.
Section
6. All
salaried officers of this Local shall devote their full time and attention to
the duties of their office, except that any elected officer may hold an elective
office or position in the United Marine Division or in another local affiliated
with the United Marine Division, or in any other labor organization with which
the Local is affiliated.
Section
7. Any
action taken by an officer in good
faith and within
the scope of his/her authority and power under these By-Laws shall
not be the basis for any personal
liability against such officer.
Section
1. The
President is hereby authorized with the approval of the Executive Board, to
appoint such representatives as may be permitted or necessary to represent this
Local in any council or federation with which this Local is affiliated or in
which this Local has an interest. Such
representatives are to be compensated as determined by the President and
authorized by the Executive Board.
Section
2. - Convention
Representation. The President
and Secretary-Treasurer, by virtue of their offices, shall be the Delegates of
this Local to Conventions of the International Longshoremen’s Association, any
District of the International Longshoremen’s Association, and any other labor
organization Convention at which the Local is entitled to be represented.
Section
1. - Appointment. All
committees except a Trial Committee shall be appointed by the President or
Presiding Officer, subject to the approval of the meeting. There
shall be one standing committee viz: the
By-Laws Committee. All other
committees are to be appointed as required.
Section
2. All
committees except Wage Scale and Negotiating Committees shall be limited
to five (5) members,
and they shall, while active, report at every regular meeting of the Local,
except where otherwise provided.
Section
3. - By-Laws
Committee. The President, at
the Annual Meeting, shall appoint a By-Laws Committee of three
(3) members who shall function for one
(1) year. This Committee
shall receive all
propositions for amendments to the By-Laws of this Local. These
propositions are to be submitted in writing. The
Committee shall familiarize themselves with the proposition, have it read at two
(2) regular meetings and make
recommendations. If accepted,
the amendment shall be formally adopted at the Annual meeting.
Section
4. - Wage Scale Committee. The
President shall appoint a Wage Scale and Negotiating Committee of as
many members as necessary who are actually employed in the bargaining
unit affected by the agreement. If
possible, every
rating and type
of vessel within the bargaining unit shall
be represented on this Committee. The
President shall
be the chairman
of the Committee.
Section
6. After
the agreement is ratified and put into effect and operation, it shall be the duty
of every member
and officer of this
Local to carry out and enforce this agreement.
Section
1. - Qualifications.
(a)
Subject to such reasonable rules and regulations as the Executive Board may
establish, membership in the Local shall be available to all applicants on a
uniform and non-discriminatory basis and without regard to race, color, creed,
sex, or political affiliations, provided that members, supporters, or
sympathizers of the Communist, Fascist, Nazi, or any other subversive
organization shall not be eligible.
Section
2. - Initiation
Fees.
a.
There shall be three classes of initiation fees for membership in this Local:
(1)
Masters, Pilots or Mates, Chief Engineers and Assistant Engineers.
(2)
Licensed Deck or Transport Mates, and Captains of non-propelled oil barges.
(3)
All unlicensed personnel.
b.
Members wishing to raise their classification or grade as appearing on their
application for membership, shall be required to pay any difference in
initiation fee existing between those classifications at the time they joined
this Local.
Section
3. - Dues
a.
There shall be five
classes of dues for this Local:
(1)
Masters, Pilots or Mates, Chief Engineers and Assistant Engineers.
(2)
Docking, Undocking, and Transporting Pilots.
(3)
Licensed Deck or Transport Mates, and Captains of non-propelled oil barges.
(4)
All unlicensed personnel.
(5)
Crew members working under contracts for wages and working conditions different
from the contract governing the
b.
Each member must be paid up for the current
three months.
c.
Membership cards on which shall appear the members name, card number and
classification shall be issued to all members in good standing, and such cards
shall be properly signed by an official or authorized employee of this Local.
d.
Each member must have, and produce
on the request of any officer,
his dues receipt and
membership card whenever he is in the Union
hall or aboard a
vessel.
e.
A member in good standing who becomes ill or injured, which prevents a member
from working, shall be given credit for his dues during such illness or injury,
provided satisfactory evidence of such illness or injury is provided to the
Executive Board. The granting of any
such “sick credits” shall be within the sole discretion of the Executive
Board.
Section
4. All
assessments or fines levied by this Local shall take precedence over dues.
Section
5. There
shall be no
increase in initiation fees, dues or assessments except by a majority
of the membership voting by secret ballot at a regular
or special meeting,
after reasonable
notice of such meeting has been given.
Section
6. - Member
in Arrears. Any member who
shall be in arrears for thirty
(30) days dues or its equivalent in fines or assessments shall be
automatically, and without notice, suspended and shall not be entitled to any of
the rights or privileges of the Local.
Section
7. - Delinquent
Member. When a member becomes
indebted to the Local for eighty
(80) days dues or its equivalent fines or assessments, he shall be given
written notice that failure to pay within ten
(10) days shall mean automatic expulsion and upon failure to pay within
such ten (10) days,
he shall be automatically, and without further notice, expelled
and dropped from
the local. The Executive Board shall
restore the member to full membership upon such terms and conditions as, in its
discretion, it shall
deem to be reasonable
under the circumstances. The
Executive Board may, in its discretion, waive the requirement of personal
appearance.
Upon
restoration to membership a member shall not regain his rights or privileges
until sixty (60) days
after such restoration.
Section
8. In
the event that a member is in danger of becoming delinquent for reasons over
which he has no control, he shall appear before the Executive Board and state
his case. The Executive Board shall
investigate his case and make provisions whereby the member may be saved from
embarrassment of delinquency. The
Executive Board may, in its discretion, wave the requirement of personal
appearance.
Section
9. - Withdrawal
Card. Any member in good
standing who no longer is employed within the industry shall upon application
and the payment of $100.00
per year be entitled to a withdrawal card for one year or part thereof. Thereafter
a yearly fee of $100.00
will be due to keep the withdrawal card current. Failure
by a member to keep a withdrawal card current will void the withdrawal card. Any
person holding a current withdrawal card shall, upon surrender of his withdrawal
card and the payment of three
months’ dues in advance and assessments for the current year, be
reinstated to membership upon his application, subject to the approval of the
Executive Board.
In
the event that this withdrawal card is surrendered within six
months of the date of issue it shall not be considered valid, and the
holder shall be obliged to pay all intervening dues and assessments.
Any
person who has taken employment in the Industry while holding a withdrawal card
shall be required to pay all intervening dues and assessments for the period of
withdrawal before being eligible for reinstatement to membership.
Section
10. - Benefits
of membership. Members of the
Local are entitled to the following benefits:
(a)
Shipping rules shall be formulated by the Executive Board, subject to membership
ratification, applicable laws, and Local 333 contracts.
Section
11. - Obligations
of membership.
(a)
It shall be the duty of each member to be loyal to the
Section
1. - Regular
Meetings. Regular meetings
shall be held on the first
Wednesday of each month. The
President and General Manager may cancel, in accordance with past practice, or
postpone a regular meeting. The
President and General Manager shall have the authority to set the time of the
regular meeting which shall be announced in the meeting notice.
The meeting notice will be mailed to all members in good standing at
their last known address.
Section
3.
Special
Meetings. Special meetings
shall be called by the President for such times as he may deem necessary for the
interest of the Local or when requested to do so by the Executive Board, at
which time no other business than that for which the meeting was called shall be
transacted.
Section
4. - Quorum.
At all meetings of the Local, thirty
(30) members of the Local shall constitute a quorum.
Section
5. - Minutes. The
minutes of all regular meetings shall be placed on numbered sheets and inserted
in the minute book.
Section
6. - Notices
of Meeting. Mail notice of
all meetings, regular or special, shall be sent to the members.
Section
1. It
is the avowed policy of this Local to carry out and abide strictly by contracts
and agreements entered into with employers. Any
member, or members, violating this basic principle of the Local shall be deemed
guilty and in contempt of the Constitution and By-Laws, and shall be liable to
condemnation and discipline.
Section
1.