CURRENT Constitution and By-Laws
Transcription
CURRENT Constitution and By-Laws
CONSTITUTION AND BY-LAWS Adopted April 4, 2010 Revised December 2015 IATSE LOCAL 28 – STAGEHAND’S UNION INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA Constitution and By-Laws IATSE Local 28 – December 2015 Table of Contents CONSTITUTION PREAMBLE Page 1 ARTICLE I - Name, Affiliation and Jurisdiction Section 1. Name Section 2. Affiliation Section 3. Jurisdiction Page 2 ARTICLE II – Objects Section 1. Purpose Section 2. Accomplishment of Objectives Page 2 ARTICLE III – Membership Section 1. Qualification for Membership Section 2. Application for Membership Section 3. Balloting on Applicants Section 4. Closure of Acceptance of Applications Section 5. Notification of Candidates Section 6. Classifications Section 6.1 Junior Member Section 6.2 Journeyman Member Section 6.3 Retired Members Section 7. Craft Distinction Section 7.1. Stagehand Craft Section 7.2. Wardrobe Craft Section 8. Limited Organized Bargaining Units Section 9. Rights and Responsibilities of Members Section 10. Withdrawal from Membership Section 11. Hiring Hall Page 3 ARTICLE IV – Headquarters Section 1. Location of Main Offices Page 8 ARTICLE V – Government Section 1. Supreme Law and Parliamentary Authority Section 2. Membership Meetings Section 3. Executive Board Meetings Page 8 ARTICLE VI - Nomination and Election of Officers Section 1. Elected Officers and Eligibility Section 2. Nominations Section 3. Candidates Section 4. Elections Section 5. Installation of Officers Page 10 Constitution and By-Laws IATSE Local 28 – December 2015 ARTICLE VII - Duties of Officers Section 1. President Section 2. Vice-President Section 3. Recording Secretary Section 4. Business Representative Section 5. Financial Secretary-Treasurer Section 6. Sergeant-at-Arms Section 7. Executive Board Section 8. Board of Trustees Section 9. Delegates to IATSE Assemblies Section 10. Other Delegates Section 11. Compensation of Officers Page 12 ARTICLE VIII - Transfer and Reinstatement. Section 1. Transfer Section 2. Reinstatement of Members Page 17 ARTICLE IX – Revenues Section 1. Initiation Fees Section 2. Quarterly Dues Section 3. Work Assessments Section 4. Timely Payment of Dues and Assessments Section 5. Method of Notification Section 6. Authority to Expend Funds Section 7. Retirement and Disability Section 8. Change of Dues and Assessments Section 9. Special Assessment Section 10. Investments Page 17 ARTICLE X - Good Standing Section 1. Good Standing Page 19 ARTICLE XI - Discipline of Members Section 1.Grounds Section 2. Fair Trial Section 3. Charges Section 4. Penalty for Preferring False Charges Section 5. Charges Filed in Duplicate Section 6. To Whom Preferred and When Section 6A. Charges against a Local Officer Section 7. Withdrawal of Charges Section 8. Publication of Charges Section 9. Waiver of Trial Section 9A. Notice Section 10. Postponements Section 11. Appearance for Trial Section 12. Trial Body Section 13. Challenges Section 14. Trial in Open Meeting Section 15. Hearing Section 16. Member Counsel Section 17. Witnesses Sworn Section 18. Depositions Section 19. Transcript Section 20. Report of Findings Page 20 Constitution and By-Laws IATSE Local 28 – December 2015 Section 21. Action by Membership of Local Section 22. Acquittal or Conviction Section 23. Imposition of Penalties Section 24. Where Trial Was Before Membership Section 25. Sentence Reported to International President Section 26. Appeals ARTICLE XII – Appeals Section 1. Right of Appeal Section 2. Time Allowed for Filing Section 3. Must be in Writing Section 4. Copy of Appeal Section 5. Decisions Conclusive Section 6. Exhausting Internal Remedies Section 7. Appellate Process Page 24 ARTICLE XIII – Permanency Section 1. Dissolution Page 25 ARTICLE XIV - Conflict with Other Laws Section 1. Conflict with Other Laws Page 25 ARTICLE XV – Amending the Constitution Section 1. Amendment of the Constitution Page 25 By-Laws ARTICLE I - General Practices & Application 1. Fines and Assessments 2. Imposition of Penalties 3. Appeal of Fines 4. Terms of Payment 5. Returned Checks 6. Suspension 7. Expulsion 8. Withdrawal 9. Readmission 10. Ignorance of the Law 11. Conflict with Other Laws Page 27 ARTICLE II - Conduct of Members. 1. Address of Members 2. Misconduct during Meetings 3. Failure to Appear 4. Conduct Unbecoming a Member 5. Members Convicted 6. Divulging Business 7. Dishonesty, Drunkenness and Drug Abuse Page 28 Constitution and By-Laws IATSE Local 28 – December 2015 ARTICLE III - Workplace & Conditions 1. Contract Stewards 2. Duties of Contract Stewards 3. Reporting Work to Business Representative 4. Electrical Work 5. Controversy with Management 6. Late or Absent from Work 7. Failure to Produce Card 8. Personal Contracts of Members 9. Donation of Services 10. Refusing to Cover Positions 11. Unfair Houses 12. Strike Breaking 13. Abusive Behavior Page 29 ARTICLE IV – Administration 1. Books and Records 2. Number of Offices Held 3. Attendance of Meetings 4. Appointment of Committees 5. Powers of Committees 6. Duties of Committee Members 7. Standing Committees a. Communications and Legislation Committee b. Membership Committee c. Finance Committee d. Education Committee e. Safety Committee f. Constitution Committee 8. Special Committees 9. Office Manager and Clerical Assistants 10. Quarterly Mailings 11. Newsletter 12. Amendment of by-laws Page 31 ARTICLE V - Special Rules of Order Page 36 Appendix A – Pledges of Stagehands Local 28 Appendix B – Sample Resolution Form Page 39 Page 40 Constitution and By-Laws IATSE Local 28 - June 2013 CONSTITUTION PREAMBLE We are resolved to further the more effective organization of men and women working in all of the crafts, classifications and categories of the theatrical industry; to aid workers in securing improved wages, hours and working conditions; to secure full recognition and enjoyment of the rights and liberties to which working men and women are justly entitled under our nation's constitution. We dedicate ourselves to safeguard and promote the principles of free collective bargaining; to establish peaceful and harmonious relations between our members and our employers and to increase the stability and vitality of the industry. We commit ourselves to organize the unorganized for their mutual aid, protection and advancement; to preserve the autonomy and dignity of the individual without regard to race, creed, age, sex, sexual orientation, marital status, color or national origin; to encourage workers to vote and exercise the full rights and responsibilities of citizenship, and to perform their rightful part in the political life of the local, state and national communities. We are pledged to protect and strengthen our democratic institutions and to perpetuate the cherished traditions of our democracy while preserving the independence of the labor movement from political control; to protect the labor movement from any and all corrupt influences and from the undermining efforts and effects of any groups or individuals who are opposed to the basic principles of democracy and free democratic unionism. Membership Pledge I, , as a condition of my membership in Local No. 28 and in the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, do solemnly pledge myself to accept and abide by the provisions of the Constitution and By-laws of this Local and of the Alliance, as now in force and as hereafter legally amended, and hereby express my consent to be governed thereby in the conduct of my trade and in my relationship with this Local and the Alliance. I solemnly pledge myself not to first resort to legal proceedings against this Local and the Alliance for any grievance, but first to seek my remedies within this Local and the Alliance, before resorting to any other tribunals. 1 Constitution and By-Laws IATSE Local 28 - June 2013 ARTICLE I – Name, Affiliation and Jurisdiction Section 1. Name The name of this organization shall be International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local No. 28. It shall also be known as I.A.T.S.E. Local 28 - Stagehands Union. (Hereinafter called the "Local"). Section 2. Affiliation This Local has been established and exists by virtue of a Charter issued by the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada (hereinafter called the "Alliance" or "International"), and shall be subject to all applicable sections of the Constitution and by-laws of the International. This organization also recognizes its affiliation with the American Federation of Labor and Congress of Industrial Organizations, Canadian Labor Congress (A.F.L.-C.I.O., C.L.C.) by virtue of the Constitution and by-laws of the International. Section 3. Jurisdiction Jurisdiction of this Local shall embrace the geographical jurisdiction as determined by the International Alliance and as set forth in the Charter granted, and shall include, but not be limited to, the making of all rigging, scenery, props, electrical effects, public address and sound reinforcement systems, sound recording systems, installation and operation of the same on all stages, studios, television studios, arenas, coliseums, stadiums, parks, trade shows and conventions or other places, and operation of all lighting effects in such said venues. The jurisdiction of this Local shall also include the making, repairing, alteration and maintenance of all costumes and their accessories used on the stage or in the theater; and all work pertaining to the setting up, repair, maintenance and operation of motion picture machines and associated sound amplification, processing and reproduction systems, associated film and film transport systems, automation systems, video viewing and projection systems, audio-visual equipment and its' associated control systems and equipment in theaters; and additionally as more fully defined in ARTICLE XVIII - Charters; Section 9 Jurisdiction of Charters, and Section 10 - Classes of Charters, of the International Constitution. This Local shall exercise full and complete control over its affairs within this jurisdiction provided that it takes no action or adopts any laws that are in conflict with the Constitution and by-laws of the International Alliance. ARTICLE II - Objects Section 1. Purpose This Local is dedicated to the principles of trade unionism. Its objectives are to unite all workers within its jurisdiction for the following purposes: · · · · · · 2 To improve their wages and hours of work, to increase their job security and to better their working conditions. To advance their economic, social and cultural interests. To establish peaceful and harmonious relations between its members and their employers, and to increase the stability of the industry. To assure full employment. To promote and support democracy and free trade unionism. To engage in such other activities as may be necessary or proper to strengthen the labor movement and to extend the process of collective bargaining throughout all trades and industries. Constitution and By-Laws IATSE Local 28 - June 2013 Section 2. Accomplishment of Objectives This Local shall endeavor to accomplish the foregoing purposes by organizing the unorganized, educating its membership, negotiating collective bargaining agreements with employers, securing progressive legislation, and by all other appropriate means within the International. ARTICLE III – Membership Section 1. Qualification for Membership Any person applying for membership in this Local must be of good moral character and reputation, and unless waived by the International for proper cause upon application by the Local, must have been a resident within the jurisdiction of this Local for at least eighteen (18) months preceding their application. Such applicant must be of legal age to engage in gainful employment within the jurisdiction of this Local and must possess sufficient experience to be able to pass a reasonable examination on the particulars of their respective crafts. There shall be no discrimination against any person in respect to membership in this Local by reason of race, creed, age, sex, sexual orientation, marital status, color or national origin. No person shall be eligible either for membership or to retain membership in this Local who shall be a member of any organization having for its aim or purpose the overthrow of the Constitution and Government of the Unites States or Canada. Any member who shall, upon trial, be found to lack any of the qualifications for membership in this Local, shall forthwith be expelled and shall surrender all rights and privileges as such member, including death benefits and other property rights, if any, in the assets of this Local; and no member, so expelled, shall ever be eligible to reinstatement thereafter. Section 2. Application for Membership The names of those requesting application for membership to this Local shall be read before the membership at a regular meeting and recorded in the minutes. Their requests shall be referred to the Membership Committee for processing in accordance with the written and approved guidelines established for that committee. The Membership Committee of this Local shall meet as required to review for approval all applications for membership or requests for Journeyman or Junior membership received by the offices of this Local. Any person, requesting an application for membership to this Local, must have been employed by any employer under contract with the Union for at least 320 hours during the previous consecutive twelve months if requesting the Stagehand Craft category, (160 hours during the previous consecutive twelve months, as a wardrobe employee, if requesting Wardrobe Craft category) before the Membership Committee can recommend in its report to the membership that said person be sent an application. Following acceptance of the recommendations contained within the report of the Membership Committee by the members present at a regular meeting, an official application for membership will be issued by any officer of the Local to an applicant so approved. Every application for membership must be made upon the official printed form of the Alliance supplied by the local, or on forms supplied by the International office for direct membership in the Alliance, or on other forms supplied by the International for organizing purposes. Each completed and returned application must be accompanied by the initiation fees applicable to the classification being applied for as set forth in ARTICLE IX – Revenues. Also accompanying any application must be such processing fee as may be determined by the International, This processing fee is not returnable. 3 Constitution and By-Laws IATSE Local 28 - June 2013 Every applicant for membership in this Local shall be required to satisfactorily pass examinations and evaluations as to his/her competency and qualifications in the craft category and classification for which they are applying. Such examination shall be overseen by a Board of Examiners, appointed by the Executive Board, and the examinations shall be uniform for all applicants for such craft category and classification. The approval of the Board of Examiners is essential before further action is taken. Initiation fees may be reduced or waived for organizational purposes by majority vote of members present at a regular meeting. Any applicant who is guilty of making false statements upon the application blank shall, if admitted to membership, be expelled upon conviction and shall be thereafter denied admission to membership in this Local. Any initiation fee paid by such member shall be forfeited upon expulsion. Each application must receive a favorable endorsement by the General Secretary-Treasurer of the International and if his endorsement is refused the application shall be rejected. Section 3 Balloting on Applicants An applicant who has complied with the preceding sections of this Article and who is thereunder eligible for membership in the applied-for classification shall be proposed for admission at a regular meeting of the Local. Such applicant shall not be present when his/her name is proposed for membership. The Membership committee shall present its report and open discussion shall be permitted. The members present shall vote to accept or reject the proposed applicant. A favorable majority vote of those present shall be required for the acceptance of said applicant. Section 4 Closure of Acceptance of Applications The Executive Board shall have the authority, in the event that current non-journeyman membership is large enough to meet the needs in any classification for the present, to temporarily suspend the acceptance of new applicants in such classification. Such closures of acceptance of applications shall be reviewed every ninety (90) days. All applications received during such closures of application shall be returned to the applicant with a notification explaining the situation, the date on which the closure will be reconsidered and the process for re-application. This provision and others contained within this Constitution and by-laws shall in no way limit the right of the International President or his/her designee to direct the Local to accept into membership individuals working in the trades within the jurisdiction of this Local. Section 5 Notification of Candidates All applications or requests for Journeyman or Junior membership must be acted on by the Membership Committee in a timely manner. If an application for Journeyman or Junior membership is denied, the committee shall notify the applicant or candidate in accordance with the written and approved guidelines established for that committee. The notification shall state the reason for denial, and the next date on which the applicant or candidate may submit a request for reconsideration by the committee, provided all requirements have been fulfilled. If an application for Journeyman or Junior membership is accepted, the Membership committee shall notify the applicant or candidate in accordance with the written and approved guidelines established for that committee. The notification shall include a statement of any additional dues or fees, which shall be due and payable by the candidate upon receipt of the notification. All applications for Journeyman or Junior membership shall be returned to the Recording Secretary of this Local along with any materials relevant to the decision made by the Membership Committee. The Recording Secretary shall place all materials relating to each applicant or member in their respective files and shall prepare a report of candidates for Journeyman or Junior membership to be presented at the next regular meeting of the Local. A candidate who has complied with the preceding sections of this Article and who is eligible for Journeyman or Junior membership shall be proposed for same by the Recording Secretary at a regular meeting of the Local. 4 Constitution and By-Laws IATSE Local 28 - June 2013 Following receipt of approval and endorsement of the application by the International the new member shall be notified in writing. This notice shall include the time and date of the next regular meetings of this Local and specify instructions for being obligated. The Constitution and by-laws of the International Alliance and of this Local are to be read by the candidate prior to obligation. The obligation of the candidate shall take place at a regular meeting within ninety (90) days from the date of notice, or the application may be declared null and void, with forfeiture of all moneys paid. The Recording Secretary shall be charged with the responsibility of notifying candidates of their acceptance to membership and shall inform candidates for membership of the procedures set forth herein. Section 6. Classifications All members shall be listed in one of the following classifications. The members' card shall reflect his/her membership classification. An individuals’ membership or classification within the Local has no bearing on that members’ placement on the Hiring Hall Rules hiring lists. All members shall be included in Life Insurance Programs provided by this Local. Section 6.1 Junior Member Junior member classification is reserved for all persons who are newly sworn into this Local and who have not attended the mandatory number of General Meetings before being eligible for Journeyman membership as stated in Section 9 of this Article. Junior member shall be categorized under one of the Craft Distinctions provided in Section 7 of this Article. Any person who is qualified for Junior member classification shall be eligible for membership by making appropriate application thereto and upon demonstrating proficiency in the Craft Distinction to which the person is applying. Junior membership is determined by a passing grade on an exam of unionism and by receiving a favorable balloted vote of acceptance into membership. There shall be allowed only one (1) Junior member for every three (3) Journeymen members and no more than a total of fifty (50) Junior members as stated under Article Nineteen, Section 25 of the IATSE International Constitution. Section 6.2 Journeyman Member Journeyman member classification is reserved for all Junior members who have attended the mandatory number of General Meetings. Any Junior member who is qualified for Journeyman member classification shall make appropriate application. A favorable balloted vote of acceptance into Journeyman classification is required for the applicant to be given Journeyman classification. Section 6.3 Retired Member Members at least sixty-five (65) years of age or permanently disabled may at their option make application for Retired Member status, provided they fully cease employment under the Local's jurisdiction or under the jurisdiction of any other affiliated I.A.T.S.E. Local or the International. The Local shall pay the cost of membership stamps for retired members and such members shall not be required to pay dues. Retired members shall have voice but no vote at Local meetings and shall not be eligible to hold office in accordance with the International Constitution and by-laws, ARTICLE XIV - Revenues, Section 1A - Reduced Per Capita Tax for "Retired Members". 5 Constitution and By-Laws IATSE Local 28 - June 2013 Section 7. Craft Distinction All members shall be listed in one of the following craft categories. Any member may be referred for work in any other category within the jurisdiction of this Local in order to fill a work call. Such referral does not constitute an entitlement to continued work referral in the other category. A member who shows proficiency within their chosen craft category shall be entitled to work within that category in preference to members of other categories. Section 7.1 Stagehand Craft The Stagehand Craft category is reserved for those persons who have demonstrated proficiency in the following departments determined by a passing grade on an exam of these subjects; Carpentry, Flys, Props, Electrics and Sound. Any person who is qualified for the Stagehand category shall be eligible for membership by making appropriate application thereto. Members in the Stagehand category are Journeyman or Junior members of this Local and of the International Alliance for all intents and purposes. Section 7.2 Wardrobe Craft The Wardrobe Craft category is reserved for those persons who have demonstrated proficiency in this craft, determined by a passing grade on an exam of the subject. Any person who is qualified for the Wardrobe category shall be eligible for membership by making appropriate application thereto. Members of the Wardrobe category are Journeyman or Junior members of this Local and of the International Alliance for all intents and purposes. Section 8. Limited Organized Bargaining Units Limited Organized Bargaining Unit (LOBU) is a limited member unit comprising of members who work for an Employer who has specialized positions, written into the Collective Bargaining Agreement (CBA) with the Local, and wishes to hire specific members to fill those position on a permanent basis. Limited Organized Bargaining Units also include those limited member units comprising of members who work for an Employers who has, written into the CBA with the Local, a small core group of members the Employer wish to hire from. Limited Organized Bargaining Units have the sole right to negotiate and vote to ratify any CBA between the Local and the Employer on behalf of the individual LOBU. Section 9. Rights and Responsibilities of Members The laws of the Alliance and of this Local shall be binding upon the individual members thereof and each member shall be deemed to have consented to be governed thereby. Every applicant for membership in this Local whose application has been favorably balloted upon shall be required to read thoroughly the Constitution and by-laws of the International Alliance and of this Local before being inducted into membership. Upon induction into membership, new members shall swear and affirm their intention to observe the provisions of the Constitution and by-laws of the International Alliance and the Constitution and by-laws of this Local and to accept such laws as conclusive of their rights within the Alliance, in witness whereof they shall sign the pledge presented to them. The pledge so signed shall be forwarded to the General Office by the Secretary of the Local. 6 Constitution and By-Laws IATSE Local 28 - June 2013 Newly sworn in members shall have the rank of Junior member within the craft category the member has applied for. A Junior member has all the rights of a Journeyman member except the rights of voice and vote until such a time as the member has attended six (6) General Meetings. Upon completion of the six (6) General Meetings the Junior member shall be given voice but no vote for an additional three (3) General Meetings. Upon completing all mandatory General Meetings the Junior member may apply for Journeyman membership by making appropriate application thereto and be balloted upon as a Journeyman member. If the Junior member does not receive a favorable balloted vote the Junior member shall be expelled from the Local. Junior members have three (3) years to complete the attendance requirement, at which time the Junior member shall be balloted upon as Journeyman member. All members in good standing shall have equal rights and privileges within the structure of this Local, providing that other requirements within this Constitution and by-laws are adhered to. Such rights shall include: the right to work freely in his/her chosen craft category; the right to attend membership meetings, and to participate in the deliberations and voting on the business conducted by this Local; the right to nominate and vote in elections or referendums of this Local. Members shall likewise have the right to assemble freely both within and without membership meetings; to express and discuss their views, arguments, or opinions upon candidates or issues or any business of or before this Local. Every member is obligated to maintain a course of conduct which does not impinge upon the rights of fellow members and shall be expected and required to recognize a responsibility to this Local as an institution and shall refrain from conduct or activities which are inconsistent or in conflict with that responsibility. The rights provided herein shall be exercised in ways that do not conflict with the provisions of this Constitution and by-laws or those of the International Alliance. The exercise of said rights must recognize and uphold the duty of this Local to perform its contractual and legal obligations. Such rights shall also be exercised with awareness of, and in accordance with, the responsibilities of membership in this Local. It shall be the responsibility of members to abide by all rules and regulations of this Local, and all policies and procedures which may be enacted by any authority which has been constitutionally established and all motions, propositions, or transactions which have been adopted by a majority vote of the membership at regular or special meetings in accordance with the rules of order and laws of this Local governing such votes. It shall be the duty of all members to comply fully with the terms of all working agreements that may be legally executed by this Local. No member shall interfere with the elected officers or business representatives of this organization in the performance of their duties, and members shall, when requested, render such assistance or support in the performance of such duties as may be required of them, provided that this does not interfere with their individual rights as members. Every member, by virtue of membership in this Local, authorizes this Local to act as his/her exclusive bargaining agent with full and exclusive power to execute agreements with his/her employer governing terms and conditions of employment, and to act for him/her and have final authority in presenting, processing, and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement or out of his/her employment with such employer, in such manner as this Local or its officers, officials and representatives deem to be in the best interests of this Local. This Local or its officers or representatives may decline to process any such grievance, complaint, difficulty or dispute if, in their sole judgment, such grievance, complaint or dispute lacks merit. No officer, official representative, or any other person has any power to enter into any agreement or to incur any liability which shall be binding upon this Local unless the person has acted in accordance with the provisions of this Constitution and by-laws or pursuant to express authority granted by the Executive Board of this Local. No collective bargaining agreement shall be binding on this Local unless executed and delivered by its duly authorized officers and approved by this Local as described in other provisions herein. The term of service in any classification of this Local can be as long as a member wishes, providing he/she maintains a "Member in good standing" status as covered in ARTICLE X - Good Standing. Any member in good standing may apply at any time for a different membership classification. Such request shall be in writing. They shall comply with the requirements of ARTICLE III - Membership that pertain to the new classification. 7 Constitution and By-Laws IATSE Local 28 - June 2013 Section 10. Withdrawal from membership A member desirous of withdrawal from membership in this Local may do so by sending a letter of resignation to the Local’s Secretary and in the case of resignation shall become effective upon receipt of such notice of resignation. A member so shall forfeit all rights, benefits and privileges incident to membership in the Alliance and the Local. Any member in good standing who wishes to withdraw from membership in the Alliance on the basis of an honorable withdrawal card may do so in the manner provided in Article Nineteen, Section 18 of the International Constitution. Any member in good standing who is not under charges of misconduct and who has signed an affidavit stating that they will not work on jobs that fall within the jurisdiction of the Local who desires to withdraw from this Local shall be granted an Honorable Withdrawal Card. Any person holding a withdrawal card issued by this Local may be readmitted to membership, at the option of the Local, by depositing their withdrawal card with the Recording Secretary provided the Local pays to the International all per-capita and the member pays to the Local all dues accrued during the period of “withdrawal”; but that payment shall not exceed the total of eight quarters of the Local’s Quarterly Dues. The candidate for readmission must receive a favorable majority vote of the membership at a regular meeting of this Local, otherwise they shall be rejected. (Refer to Article Nineteen - Powers and Duties of Local Unions, of the International Constitution and by-laws.) Section 11. Hiring Hall The local shall administer a Hiring Hall where members and non-members will be dispatched for work to any employer using the local for its labor force. The qualifications for dispatching any member or non-members shall be set forth in the Hiring Hall Rules and shall adhere to all Federal, State, and Local Municipal laws and ordinances. ARTICLE IV - Headquarters Section 1. Location of Main Offices Headquarters and main office of this Local shall be within the City of Portland, Oregon, at such place as may be designated by the Local. ARTICLE V - Government Section 1. Supreme Law and Parliamentary Authority The International Constitution and by-laws, as well as this Constitution and by-laws, shall be the supreme law of this Local. The rules of order contained in Robert's Rules of Order - Newly Revised (most current edition) shall govern this Local in all cases to which they are applicable and in which they are not inconsistent with these by-laws and any special rules of order that this Local may adopt. The President of the Local shall decide all questions of order and parliamentary procedure and his/her decision shall be binding subject to appeal as provided for in Section 24 - Appeal, of Robert's Rules of Order. The President shall enforce rules relating to debate and those relating to order and decorum within the assembly of this Local in such a manner as to expedite business in every way compatible with the rights of this Local's members. 8 Constitution and By-Laws IATSE Local 28 - June 2013 Section 2. Membership Meetings Regular meetings shall be held each month on the second Tuesday of the month at Five (5) P.M. Regular meetings may be rescheduled by a majority vote of the Executive Board as polled by the President when, in their prudent judgment; such rescheduling is in the best interests of the membership. At least fifteen (15) days advance notice in writing to all members shall be required to reschedule a regular meeting. Prominent publication of changes in meeting dates and times in a regular mailing of this Local shall be deemed as sufficient notification provided that the mailing accommodates the fifteen (15) day advance notification requirement. Special meetings shall be called by the President when deemed necessary or on petition of no less than seven (7) members in good standing, and no business, other than that for which such meeting is called, shall be conducted thereat. A majority of the Executive Board as well as the President shall also have the power to call special meetings. A quorum of seven (7) members in good standing is required to open a meeting for the transaction of lawful business. Section 3. Executive Board Meetings The Executive Board shall meet at least once a month and at such other times as called by the President. A majority of the members of the Board shall have the power to call an Executive Board meeting. All members of the Board shall be notified in advance of such meeting. A majority of the members of the Executive Board shall constitute a quorum for the transaction of lawful business. An agenda of business items to be considered shall be provided to Executive Board members by the President at least two (2) days prior to the Executive Board meeting. Additional items may be added to the agenda at the beginning of said meeting. The Chair of the Executive Board shall make their best effort to have an agenda of business items fully established and made available to any interested member prior to the consideration of said items by the Board. Any complaint, charge or grievance must be in writing before being recognized by the Executive Board. Minutes shall be recorded at all Executive Board meetings, and conveyed to the membership at the next regular meeting. Any member in good standing may observe an Executive Board meeting but shall not have voice or vote at such meeting. The Executive board shall have the right to go into closed session upon prudent consideration and the unanimous vote of its members. The minutes of such closed sessions shall be maintained as usual but not released for publication. An abbreviated version of the minutes, approved as to content by majority vote of the board and released for publication, shall, in any case, reflect the reason for such closed sessions. Any Executive Board member shall have the right to submit a written statement of either a majority opinion or a minority opinion on any matter brought before the Executive Board. Said statement shall be appended to the official minutes of the Executive Board proceedings. Any member in good standing shall have the right to address the Executive Board on matters of concern to them but shall not have voice to participate in debate or discussion with the Board unless so allowed by a majority vote of the Board. Such requests to address the Board shall be submitted in writing and shall be accommodated by the Executive Board in as timely a manner as possible. The Executive Board shall convene as promptly as possible after the installation of officers, and the Chair, with the approval of the Executive Board, shall select a date, time and place for the next Executive Board meeting. This procedure shall be followed at subsequent Executive Board meetings. The date, time and place so selected shall be announced at the next regular meeting. 9 Constitution and By-Laws IATSE Local 28 - June 2013 ARTICLE VI - Nomination and Election of Officers Section 1. Elected Officers and Eligibility The following officers shall be elected to three (3) year terms of office: President Vice-President Recording Secretary Financial Secretary-Treasurer Business Representative Executive Board - To consist of President, Vice President, Business Representative, Recording Secretary, Financial Secretary-Treasurer and four (4) elected members from the body, one of whom must be a member of the wardrobe department to make a total of nine (9). If no member of the wardrobe department is willing and able to hold position on the Executive Board the open position shall be opened to a member from the general body. Board of Trustees - To consist of three (3) members, the one receiving the highest vote in the election to be declared the Chair. If the vote is a tie, the President shall appoint the Chair. Members of the Board of Trustees shall not also be members of the Executive Board. Delegates to I.A.T.S.E. Conventions - Number of delegates determined by International rules. Two (2) Alternate Delegates to I.A.T.S.E. Conventions Two (2) Delegates to the Oregon state A.F.L.-C.I.O. To be eligible for office, other than as a Delegate to Convention, a person must have been a member in this Local in continuous good standing for a minimum period of two (2) years and who is not disqualified from holding office under any applicable Government law. To be eligible for office, a member must have attended at least four General Membership Meetings within the two-year period prior to the nomination meeting. In addition the member must have been actively engaged in the industry within the Local’s jurisdiction and have worked at least 120 Days in the previous thirty-six (36) months also within the jurisdiction. Any member in good standing of this Local shall be eligible to serve as a Delegate to Convention, regardless of another office. Time served as an officer or employee of a local union of the International shall be applicable towards the “120 days in the past thirty-six (36) months” requirement. Section 2. Nominations All nominations must be made from the floor at the regularly scheduled meeting in the month of October of the election year. Members shall be notified by mail, at their last address on file with the Local, of the date, time and place of the meeting at which nominations are to be taken at least fifteen (15) days in advance of such meeting. Such notice shall also state the offices to be filled by election. If nominated for an office, a member shall be required, prior to the close of nominations for said office, to accept or decline the nomination in person or have notified the Recording Secretary in writing of their intent to accept nomination for office. Any member sending a written acceptance for nomination shall bear the responsibility for delivery of same. 10 Constitution and By-Laws IATSE Local 28 - June 2013 No member may be nominated for more than one elected office in Local 28 except as a Delegate to Convention. The member shall be a candidate for the office for which they first accept nomination and shall be deemed to have declined certifying the results. Immediately after receipt of all nominations, the President shall appoint an Election Committee of three to six members, none of whom may be candidates. The committee shall handle all details of the election. Immediately after the appointment of the Election Committee, the committee shall choose a chairperson. The chairperson shall be responsible for directing the committee in supervising and certifying the ballot preparation and mailing, conducting the voting, validating all ballots received, tallying same, and certifying the results. Section 3. Candidates All reasonable requests of any candidate to distribute campaign literature by mail or otherwise, at the candidate's own expense, to the members in good standing, shall be honored. All costs of distribution shall be borne by the candidate and all materials shall be the sole responsibility of the candidate. The Local cannot accept any responsibility for the safekeeping, content, and/or distribution of any candidate material. Every candidate shall have the right, once within thirty (30) days prior to the election, to purchase (at cost) one set of mailing labels, consisting of the names and last known addresses of all members of this Local in good standing as of the date of such request. Any candidate shall have the right to have an observer (who must be a member in good standing in the Local) present at the polls and the counting of the ballots, so long as observers do not interfere with that process. Observers must present the Election Committee chairperson with a written statement from the candidate authorizing him or her to observe. Each candidate may submit a campaign statement in support of his or her candidacy of no more than 200 words to the Recording Secretary for the election issue of the Local's newsletter. Statements shall be printed in the identical type size and shall appear in the same order in which the names will appear on the ballot. Section 4. Elections No later than 20 days after the nominations meeting, the Election Committee shall obtain from the Financial SecretaryTreasurer a mailing list of each member in good standing, as of the requested date, of the Local, and shall then mail each member an official ballot with instructions and two envelopes. One envelope shall be marked only with the word 'Ballot"; the other envelope, which shall be larger, shall be pre-addressed to the Election Committee at a Post Office box secured by the Financial Secretary-Treasurer or his/her designate. Also, the envelope shall have on its face printed lines identified for the member to print and sign his or her name, and to give his or her address. All candidates will be listed on the ballot under the heading for the office for which they were nominated. The order of the listing shall be made with a random drawing method. When the number of candidates for a position does not exceed the number to be elected, those candidates shall be declared by acclamation, and the ballot shall so state. The writing in of names of persons not nominated and listed on the ballot, or voting for more candidates than the number to be elected is prohibited. Failure to observe these prohibitions shall result in the voiding of that section of any ballot so spoiled. 11 Constitution and By-Laws IATSE Local 28 - June 2013 At a date and time to be determined by the Executive Board, which shall be no later than 45 days from the date on which the ballots were mailed, the Election Committee shall: 1) Pick-up all ballots returned to the Post Office box 2) Verify the validity of each ballot by comparing the names on the return addresses with the list of members from which the ballot mailing was made. 3) Open the outer envelopes and remove the ballot envelopes, separating and setting aside the outer envelopes; and 4) Open the ballot envelopes and tally the votes. At the conclusion of the tallying, each member of the Election Committee shall sign the tally sheet(s), which the chairperson shall give to the Recording Secretary for publication in the next newsletter. All ballots and envelopes shall be retained as part of the Local's records for one year following the election. Invalid, spoiled and unused ballots shall also be retained for one year. In the case of a special election, nominations and elections may be held at the same regular or special meeting provided that notice of nomination and election is sent to the last known mailing address of all members not less than 15 days in advance of the meeting and that voting is done by secret ballot. The procedure for any election shall abide by the requirements within Title IV of the Labor - Management Reporting and Disclosure Act of 1959, as amended. Section 5. Installation of Officers Installation of officers shall take place at the regular January meeting following the election under unfinished business. All said officers shall subscribe and assent to the required pledge before entering upon the duties of their office. Each officer shall serve until his/her successor is installed. ARTICLE VII - Duties of Officers Section 1. President The President shall work in conjunction with the Executive Board of this Local. He/she shall, with the consent of the Executive Board, use all moral and financial aid in enforcing the rules, wages, and conditions of this Local. He/she shall do all other things necessary to the proper and efficient conduct of his/her office and the promotion and welfare of this Local. In the absence of a specific law to govern a given condition, the President shall decide the matter in a spirit of fairness and equity, and such ruling shall be enforced unless changed by the Executive Board or the membership. The President shall preside at all meetings of the membership and of the Executive Board and shall at all times conduct same in accordance with this Constitution and by-laws and the Special Rules of Order attached hereto and in both assemblies he/she shall be without vote except in the event of a tie. He/she shall not take part in any debate while in the Chair. He/she shall not make or second any motion, but state the question proposed for consideration, and when an equal division occurs he/she shall have a deciding vote. The President shall appoint a Sergeant-at-Arms and assistants as needed for any meetings. To maintain order, the President may summarily fine, dismiss or have ejected from a meeting any disorderly member. He/she shall convene special meetings of the Local when he/she deems it necessary and shall have the power to call a meeting of the Executive Board when required. He/she shall appoint or approve the members of all committees, and shall appoint a member as Chair of all standing committees. He/she shall immediately after his/her installation appoint, or cause to be elected, one (1) contract steward in each theatre or place of employment. 12 Constitution and By-Laws IATSE Local 28 - June 2013 He/she shall see that all officers perform their duties as prescribed by the Constitution and by-laws and shall be a member ex-officio of all committees and sub-committees. The President shall be a participating member of the Education Committee, the Safety Committee, and the Constitution Committee. He/she, together with the Business Representative, must sign all contracts. He/she shall sign checks issued by the Financial Secretary-Treasurer of this Local in satisfaction of its proper and legal debts, in accordance with ARTICLE IX - Revenues, Section 6 - Authority to Expend Funds. If a vacancy should occur during the term of any officer of this Local, the President shall have the power to appoint a member in good standing to take his/her place temporarily until the vacancy shall have been filled by the membership at a special election. Special elections must be held within ninety (90) days after the vacancy was created. However, if a vacancy occurs within six (6) months of the triennial election, the President shall fill the vacancy by appointment unless provided separately by this Constitution and by-laws. The President shall fill all temporary vacancies (less than thirty (30) days) by appointment. Section 2. Vice-President It shall be the duty of the Vice-president to work under the direction of the President for all duties of that office, and in the absence of the President carry out those duties with full authority. In the event a vacancy occurs in the office of President, the Vice-president shall succeed to the office of President until the vacancy shall have been filled by the membership at a special election. Special elections must be held within ninety (90) calendar days after the vacancy was created unless the vacancy occurs within 180 calendar days of the triennial election. The Vice-president shall be a participating member of the Communications and Legislation Committee, Membership Committee, Education Committee, and the Safety Committee. Section 3. Recording Secretary The Recording Secretary shall oversee and be responsible for the handling of all records and correspondence of this Local. It shall be the duty of the Recording Secretary to attend all meetings of the membership and of the Executive Board, and committee meetings when required, to keep minutes, but not necessarily verbatim, of the proceedings of such meetings in a book provided for such purposes. He/she shall read all papers, sections of by-laws, reports of committees, etc., which may be ordered read. When reporting the minutes of the preceding meeting, he/she shall read them as written in the book of minutes. If the President and Vice-president and Business Representative are absent from a regular or special meeting, the Recording Secretary shall call the meeting to order, and those present shall choose one of their number to act as Chair pro tem. The Recording Secretary shall oversee and be responsible for sending out notices to the membership, for all meetings and elections requiring such notice at least fifteen (15) days in advance of such meetings. He/she shall oversee the keeping and maintenance of a complete list of the names and last known addresses of all members. When a committee has been appointed, he/she shall oversee the notification of each member thereon of the members comprising said committee, and shall furthermore oversee the conveyance of information and instructions of the resolution, matter or question referred to them. All books, papers, resolutions, seal of the Local, and all other documents appertaining to his/her office shall be given to his/her charge, and shall not be taken from his/her possession except by order of the Local. Any member in good standing shall have the privilege of examining his/her books, papers, or records at any regular meeting. He/she shall oversee the keeping of a duplicate copy of all correspondence and shall keep the seal in his/her possession and at the installation of his/ her successor, transfer to him/her all books, papers, and other property in his/her possession belonging to the Local. The Recording Secretary shall approve by his/her signature any communications that may be dispatched to members and non-members alike. The Recording Secretary shall be a participating member of the Membership Committee, Communication and Legislation Committee, and Constitution Committee. 13 Constitution and By-Laws IATSE Local 28 - June 2013 Section 4. Business Representative The Business Representative shall work under the direction of the Executive Board and make all reports to them of matters called to his attention, and shall be a member of the Executive Board. He/she shall supply employers with manpower when called upon to do so. He/she shall report to the Executive Board all alleged violations by members of the laws of the Local. It shall be the duty of the Business Representative to do all in his/her power to procure employment for members of this Local. He/she shall visit places of employment and see that all the contracts of this local are enforced. All members must obey his/her orders in all strikes and lockouts. He/she shall have full charge of the office of this Local, represent the Local in all dealings with employers, but shall at all times be under the supervision of the Executive Board. He/she shall keep a record of the correct addresses and phone numbers of all members of the Local, and shall have the power to receive dues from delinquent members, giving receipt for same and shall turn said funds over to the Financial Secretary-Treasurer at his/her earliest convenience. The Business Representative shall be empowered to appoint compensated (compensation to be approved and determined by Executive Board) or uncompensated assistants as he/she deems necessary with the approval of the Executive Board. The Business Representative shall not have the authority to sign working cards but shall have the authority to inspect cards of all Local members and also the cards and contracts of members of the International Alliance with traveling companies and in the case the same are not found according to the rules of the Alliance, shall replace such individuals with members of this Local, who shall receive the same salary named by the International for the position filled, and report the matter to the Executive Board. The Business Representative shall report regularly on all matters referred to him/her and also on all violations of the laws of this Local by its members and any member of the I.A.T.S.E. and M.P.M.O. He/she shall be a member, exofficio, of all negotiating committees. Contracts negotiated by any such committee shall be subject to ratification by the membership unless the membership has in advance empowered the Committee to conclude the contract without ratification. It shall be the duty of the Business Representative to work under the direction of the President and the Vice-president for the duties of those offices and in the absence of the President and Vice-president carry out those duties with full authority. If the President and Vice-president are absent from a regular or special meeting, the Business Representative shall call the meeting to order and act as Chair pro- tem. He/she shall perform such duties as ordered by the membership or by the Executive Board between membership meetings. He/she shall sign checks issued by the Financial Secretary-Treasurer of this Local in satisfaction of its proper and legal debts, in accordance with ARTICLE IX - Revenues, Section 6 - Authority to Expend Funds. The Business Representative shall be a participating member of the Finance Committee. Section 5. Financial Secretary-Treasurer The Financial Secretary-Treasurer shall oversee and be responsible for the handling of all finances of the Local. He/she shall oversee the collection of all dues, fines and assessments from the members and shall report at all Local membership meetings the standing of all members. It shall be the duty of the Financial Secretary-Treasurer to oversee the keeping of a record and insertion therein each member's name and address in such order that it will show when he/she was admitted, expelled, withdrawn or other status, and will show his/her financial standing. He/she shall oversee the holding all moneys accompanying applications for membership until the applicant is accepted or rejected: if accepted, to be accounted a part of that day's receipts: if rejected, to be returned to the applicant. He/she shall deposit all money in a bank approved by the Executive Board, same to be in the name of the Local, subject to withdrawal by electronic funds transfer or checks signed by himself/herself and one other properly authorized representative of the Local. He/she shall oversee the payment by check or electronic funds transfer all bills authorized for payment by the Local in accordance with ARTICLE IX - Revenues, Section 6 - Authority to Expend Funds. 14 Constitution and By-Laws IATSE Local 28 - June 2013 It shall be the duty of the Financial Secretary-Treasurer to oversee the keeping of a true and accurate record of all income and disbursements and all assets and liabilities of this Local. He/she shall deliver to the Chair of the Board of Trustees for auditing purposes all books and papers in his/her possession and shall attend such auditing meetings and at the installation of his/her successor, transfer to him/her all books, papers, and other property belonging to the Local. The Financial Secretary-Treasurer shall be a participating member of the Finance Committee. He/she shall, at the first meeting in January, April, July and October, render a quarterly report to the Local of the membership and finances as per the books, and said books shall be open for inspection at the regular meetings to all members in good standing. He/she shall at each regular meeting, report to the President the names of members who are in arrears. He/she shall oversee and be answerable for all moneys received by the office of this Local from its members. He/she shall prior to his installation, be insured for the protection of loss by theft in the sum of five hundred dollars ($500.00), the premium of which shall be paid for by the Local. He/she shall be bonded in a sum required by the Federal Labor laws. Section 6. Sergeant-at-Arms A Sergeant-at-Arms shall be appointed by the President for each meeting of this Local. Said Sergeant-at-Arms shall be selected from among the members in good standing present at the meeting and such member shall serve. It shall be the duty of the Sergeant-at-Arms to carry out such instructions as are given to him/her by the presiding officer. Under the direction of the presiding officer, the Sergeant-at-Arms shall enforce compliance with the rules and regulations of this Local. The Sergeant-at-Arms shall have charge of the door and admit only members in good standing. Member's standing must be vouched for by the Financial Secretary-Treasurer. No others shall be admitted except by special permission being granted by this Local in meeting assembled. He/she shall announce the name and local of visiting brothers and sisters to the President and await his/her instructions. Section 7. Executive Board The Executive Board shall consist of those officers stipulated in ARTICLE VI - Nomination and Election of Officers, Section 1 - Elected Officers and Eligibility. The President shall be the Chair of the Executive Board. All members of the Executive Board shall be appointed to at least one (1) Standing Committee. The Executive Board shall be empowered to act on behalf of the body in response to emergency situations which arise between regular meetings, however, in all other situations the Executive Board shall function in an advisory capacity to the Body, making recommendations and seeking approval from the Body before taking action. The Executive Board shall decide upon all matters referred to them by the membership and their decision shall be binding unless reversed by a majority vote of the members present at a regular or special meeting of the Local. The Executive Board shall investigate all complaints of members and decide, if possible, upon all questions in dispute between employer and employee, accepting any honorable means toward an amicable settlement that may be deemed essential to the best interests of this organization. The Executive Board shall act as a trial board of this Local unless the member elects to be tried at an open meeting as provided in ARTICLE XI - Discipline of Members, Section 14 - Trial in Open Meeting, hereof. They shall have the power to summon as a witness any member, and those failing to answer may be adjudged in contempt and penalized for same by fine or suspension. 15 Constitution and By-Laws IATSE Local 28 - June 2013 Section 8. Board of Trustees The Board of Trustees shall consist of three (3) members elected at the regular election. The Chair of the Board of Nomination and Election of Officers, Section 1 - Elected Officers and Eligibility. Trustees shall call meetings of the board as required. The Board of Trustees shall take possession of the books of the Financial Secretary-Treasurer on the fifteenth (15th) of the month following the payment of dues at the end of the second (2nd) and fourth (4th) fiscal quarters and return a signed report as to their condition at the next regular meeting. The Board of Trustees shall cause to have a review of the books of the Local, as the Board of Trustees deems necessary at the end of the fiscal year, and present a report to the membership in a timely manner. Also at the beginning of the year, The Board of Trustee will direct the Finance Committee to review for accuracy, the membership records. The Board of Trustees is charged with responsibility of seeing to it that any officers and employees of this Local who handle its funds and property are bonded to the extent required by law. The expense of such bonds shall be borne by the Local. The Board of Trustees shall also be responsible for seeing to it that all books and records of the Local, used as the basis for preparing reports required by law to be filed with the Government, are preserved for at least five (5) years from the dates such reports were filed. Members of the Executive Board shall not be eligible to serve on the Board of Trustees of the Local. Section 9. Delegates to IATSE Assemblies The Delegates shall perform their duties as prescribed by the Constitution and by-laws of the International Alliance and report thereon at the next regular meeting following the Convention. Delegates shall be sent to the International Convention or other I.A.T.S.E. assemblies as defined in ARTICLE VI At least one (1) month prior to any convention the Executive Board shall recommend, for approval of the membership of the Local, the number of delegates and the amount of votes per delegate to be sent to such convention. For special situations without one (1) month prior notice, the Executive Board shall have the power to appoint the number of delegates and the amount of votes per delegate to be sent to such convention. Appointment shall be made in order by a tally of the number of votes received in the Election with the delegate who received the highest tally of votes being sent to said assembly first. In the event that an elected delegate is unable to attend an assembly, the alternate delegate who received the highest tally of votes in the Election shall be sent to said assembly first. Section 10. Other Delegates Other Delegates shall attend meetings of the Bodies of Conventions to which they are accredited and shall report thereon to the membership at the next regular meeting. Delegates to the A.F.L.-C.I.O. State and local central labor bodies shall be selected as per ARTICLE VI - Nomination and Election of Officers, Section 1 - Elected Officers and Eligibility. Section 11. Compensation of Officers The offices of President, Vice President, Business Representative, Recording Secretary and Financial SecretaryTreasurer shall receive a monthly salary. The amount of compensation officers are to be paid shall be determined by majority vote of the membership at the regular meeting immediately preceding the meeting at which nominations for office is held and once fixed shall not be involuntarily reduced during the term of office. Any proposed increase during the term of office of the compensation so fixed shall require a two-thirds (2/3) favorable vote by secret ballot of the members present at a regular or special meeting, written notice of which has been mailed to the members at least fifteen (15) days in advance. At least one (1) month prior to any convention, the Executive Board shall recommend for approval by the membership of the Local the amount of compensation each delegate shall receive for attending to his/ her duties at such convention. 16 Constitution and By-Laws IATSE Local 28 - June 2013 ARTICLE VIII - Transfer and Reinstatement Section 1. Transfer Any member of another Local of this Alliance wishing to transfer his/her membership to this Local shall present his/her application as a new member together with a transfer card from the Local of which he/she was a member. Residency requirements may be waived for transfer members by vote of the membership upon petition of the transferee. Transfer members shall be required to meet the same requirements, as set forth in Article III, Section 2, as members seeking Junior membership. Those requirements may be waived, however, upon receipt of a letter from the transfer local verifying that the transfer member has been employed by an employer with a contract with that transfer local for at least the requisite number of hours required by Article III, Section 2. Transfer members with Junior membership may apply for Journeyman membership in accordance with the requirements of Article III. Those requirements may be waived, however, and a transfer member may be given automatic Journeyman membership in the local upon proof of full (not apprentice or junior) membership with the International. Section 2. Reinstatement of Members Any member who has been suspended from membership shall be required to pay all financial obligations that may have accrued against him during the period of his suspension. All financial obligations from suspension and a twenty-five dollar ($25.00) reinstatement fee shall be paid in full before such member is again in good standing. Any member who has been expelled shall be required to make application as a new member, and shall be governed by all conditions pertaining to same. Members who have been expelled from this Alliance for failure to pay financial obligations may make application as a new member and shall have paid all back indebtedness plus an additional reinstatement fee of fifty dollars ($50.00) before being balloted upon. All financial obligations shall be paid in full before such member is again in good standing. Any person seeking readmission by use of an honorable withdrawal card shall be subject to the procedure set forth in Article XXI, Section 14 of the International Constitution and the by-laws, ARTICLE I - General Practices and Application of this document. ARTICLE IX - Revenues Section 1. Initiation Fees The initiation fees for membership in the various classifications shall be as set forth in the following schedule: Membership Classification Initiation Fee Journeyman Stagehand Member $200.00 Journeyman Wardrobe Member $100.00 Junior Member (Stagehand, Wardrobe) $100.00 Initiation fees, with the exception of those for Journeyman Stagehand classification, may be reduced or waived for organizational purposes upon vote of the membership. Each application must be accompanied by a check or money order made out in the amount to cover the applicable Initiation fee of this Local and the Processing fees of the International, payable to IATSE Local #28. The amount of the processing is as stated in the current IATSE Constitution and By-Laws, Article XXI , Section 2. 17 Constitution and By-Laws IATSE Local 28 - June 2013 Section 2. Quarterly Dues All members shall pay dues for membership, and work assessments, as prescribed by the finance committee and approved by the membership in accordance with Section 3 - Work Assessments and Section 7-Change of Dues and Assessments of this Article. Quarterly stamps will not be issued unless the current quarter's dues are paid in full. Quarterly dues for membership shall be $(______ ) more than the combined per capitas from IATSE, The AFL-CIO, SWCLC, NOCLC, IATSE District One, and the Life Insurance Policy. The monetary figure to be determined by a majority of the membership of IATSE Local #28, in accordance with Article 9, Section 8, of the Constitution & Bylaws of this local If dues payments are made monthly, they must be made by the member in such a way as to ensure that the full amount due for the quarter is paid by the tenth (10th) day of the first month of the quarter. Section 3. Work Assessments All members of this local shall pay a percentage of gross income, to be determined by the membership of IATSE Local 28, in accordance with Article 9, Section 8, for such work. Non-member Extra Referrals, who are referred for work by the Local or who work under contracts negotiated or maintained by this Local, shall pay the same percentage of gross income earned as the regular members of this Local are required to pay. All members of this Local, working as road personnel on traveling attractions over which the Alliance has jurisdiction, shall pay a percentage of gross income, to be determined by the membership of IATSE Local 28, in accordance with Article 9, Section 7, for such work are required to pay in accordance with the International Constitution and bylaws, Article Nineteen - Powers and Duties of Local Unions, Section 26 - Additional Revenue. Members of sister Locals of the Alliance, working within the jurisdiction of this Local under contracts negotiated or maintained by this Local, shall pay the same percentage of gross income earned as the regular members of this Local are required to pay in accordance with the International Constitution and by-laws, Article Nineteen - Powers and Duties of Local Unions, Section 26 - Additional Revenue. Section 4. Timely Payment of Dues and Assessments Any payment made to the Local by or on a member’s behalf will be applied toward the total financial obligation, inclusive of Fines, Work Fees, Quarterly Dues and other obligations as directed by the membership. Dues are due the first (1st) day of the quarter and are payable by the tenth (10th) calendar day. Failure to comply with this requirement shall result in the application of a late fee of twenty-five dollars ($25.00) for amounts past due. Only an account paid in full will be considered paid. Section 5. Method of Notification All members will be provided with an itemized statement of their membership account in at least each quarterly mailing. This statement shall be mailed to the last known address of each member and shall include the amount of dues and work assessments owed and paid in the previous quarter as per the financial books of the Local. Section 6. Authority to Expend Funds The funds of this local shall be used to defray the proper operating expenses provided for herein and for other legitimate purposes to accomplish the objectives of the union. The authority to sign and counter-sign checks to expend funds for these purposes shall reside with the Financial Secretary, President and Business Agent. 18 Constitution and By-Laws IATSE Local 28 - June 2013 Section 7. Retirement and Disability In recognition of the contributions made to this organization over the term of their membership, this Local shall pay the cost of membership stamps for retired members and such members shall not be required to pay dues. In the case of a member's inability to work for extended periods of time due to injury or illness; quarterly dues may be reduced to minimum dues upon vote of the membership until such a member is able to return to work. The minimum dues payable by each member shall be equal to the cost of the membership stamp from the International (per capita tax) plus five dollars ($5.00) per quarter payable in advance. Section 8. Change of Dues and Assessments The dues and assessments provided for herein shall not be changed unless approved by the membership through a favorable majority of valid ballots returned by all eligible voters in a referendum election in which a ballot is mailed to all eligible members. Section 9. Special Assessment If at any time, for the best interest of the Local and in their prudent judgment, the Finance Committee and/or Executive Board deems it necessary to acquire additional revenue it shall recommend to the membership a special assessment. Such special assessment shall be uniformly applied to all members and shall not be instituted unless it is approved by the membership either through a favorable majority of valid ballots returned by all eligible voters in a referendum election in which a ballot is mailed to all eligible members or by a two thirds (2/3) majority vote by secret ballot of the members in good standing present at a regular or special meeting, written notice of which has been mailed to the members at least fifteen (15) days in advance. Section 10. Investments The Executive Board, subject to the approval of the membership, shall be permitted to invest the surplus money of this Local in accordance with laws governing such investments. ARTICLE X - Good Standing Section 1. Good Standing The term "In good standing" as used in this Constitution and by-laws shall be construed to mean that the member has fulfilled the requirements for membership in his/her local union and/or the International and has not voluntarily withdrawn from membership, nor been expelled or suspended from membership either for being in arrears in his/her financial obligations or for any offense after appropriate trial proceedings consistent with ARTICLE XI of this Constitution and Bylaws. Members in good standing of this Local shall enjoy all rights, privileges and benefits of this Constitution and by-laws. Failure on the part of any member to pay any financial obligations to this Local within thirty (30 ) calendar days after same became payable shall result in such member being “suspended” and therefore not in good standing. A member not in good standing shall be deprived of the right to hold office, to vote, or have voice at meetings (except to exercise the right of appeal). If such default continues for a period of more than 180 calendar days from the date when the financial obligation first became payable, and should the member fail to pay, in full, his/her indebtedness within ten (10) calendar days after written notice by mail of his/her default (such written notice to specify the amount due and how such amount was arrived at), the member shall be expelled unless prior thereto, he/she has been granted an extension of time to pay by vote of the membership. Payment of any financial obligation due by a member to the Local shall be enforceable by fine, suspension or expulsion and, in addition thereto, by resort to court action. If court action is required, the delinquent member shall also be liable to the Local for reasonable legal fees and other expenses incurred by it in connection with the suit. 19 Constitution and By-Laws IATSE Local 28 - June 2013 ARTICLE XI - Discipline of Members Section 1. Grounds In addition to the penalties expressly provided under the various sections of this Constitution and by-laws, any member who shall breach his/her duty as a member by violation of the express provision of the Constitution and by-laws of this Local or of the Alliance or by such conduct as is detrimental to the advancement of the purposes which this Local or the Alliance pursues, or as would reflect discreditably upon this Local or the Alliance, shall be subject to discipline in the manner set forth in the sections following. Any officer of this Local may be impeached for a violation of his/her official duties or for any infringement of the Constitution and by-laws. Charges filed against officers of this Local shall be filed pursuant to this Article. Section 2. Fair Trial Nothing in the provisions of this Constitution and by-laws shall be construed to deprive a member charged with a violation thereof of the right to a fair trial whereby his/her guilt or innocence may be determined, with the exception that a member who has defaulted in the payment of any dues, fees, fines, or assessments lawfully imposed under this Constitution and by-laws, shall not be entitled to stand trial, but shall be punished summarily as this Constitution and by-laws provide. Section 3. Charges All charges against a member for violation of the provisions of this Constitution and by-laws or of the Constitution and by-laws of the International must be in writing, in the form of a sworn affidavit, reciting clearly the offense charged, the name of the accused, the time, place, and nature of the violation, the section or sections of this Constitution and bylaws or of the Constitution and by-laws of the International alleged to have been violated, over the signature of the accuser, together with a statement of the names of all witnesses to the offenses charged who shall be known to the accuser and must be filed within sixty (60) days after the offense becomes known to the accused accuser or reasonably should have been discovered. Section 4. Penalty for Preferring False Charges If false charges shall be maliciously preferred against any member, the person or persons preferring such charges shall be fined Five Hundred Dollars ($500.00), the fine to be imposed upon the acquittal of the member accused, plus the expenses of the proceeding. Section 5. Charges Filed in Duplicate Charges shall be filed in duplicate, but only the original need bear the seal of the Notary Public before whom the affidavit was sworn. Section 6. To Whom Preferred and When Charges shall be filed with the Secretary of the Local of which the accused is a member within sixty (60) calendar days after the offense becomes or should have become known to the person making the charge. Charges against officers may be preferred by any member or officer of the Alliance. The Executive Board, with the exception of such members thereof as may be charged in said complaint, shall act as the trial body; provided, however, that those so empowered to act constitute at least a majority of the Executive Board. If a majority of the Executive Board members have been charged, the charges may be filed with the International President who shall be empowered in that event to appoint the members of the trial board who may be either members of this Local or any other Local of the Alliance. If the Secretary of the Local is charged, the charges may be filed with any other officer of the Local not under charges. 20 Constitution and By-Laws IATSE Local 28 - June 2013 Section 6A. Charges against a Local Officer Charges shall be filed with the Secretary of the Local Union of which the accused officer is a member. The Secretary shall refer the charges to the Executive Board which shall have the power to declare such charges cognizable or not. If cognizance is taken of the charges, the Executive Board of the Local may, if it deems it necessary or advisable, temporarily suspend the accused from office and, in that event, further payment of salary to such officer shall be withheld pending the outcome of the trial. The Executive Board shall in that event make suitable provisions for the efficient discharge of the duties of the accused during the suspension period. If the accused was temporarily suspended from office pending the outcome of the trial, and he/she is not found guilty after the trial, he/she shall be immediately reinstated to office with pay for the period he/she was under suspension. Whenever an officer of a local union against whom charges are preferred is temporarily suspended from office, such officer shall be entitled to a trial no later than thirty (30) days after the date of his/her suspension. In the absence of extenuating circumstances, failure of the local union to comply with the foregoing requirement shall result in dismissal of the charges by the International President. Section 7. Withdrawal of Charges After charges have been filed with the Secretary of the Local they shall not be withdrawn unless the member accused shall consent to the withdrawal. Section 8. Publication of Charges After the Executive Board has taken cognizance of the charges, they shall be read at the next regular meeting by the presiding officer. If no regular membership meeting is scheduled within a period of thirty (30) days, after the date of the cognizance of the charges is taken, or if a meeting is scheduled but no quorum is present, the charges shall then be read by the presiding officer at the meeting of the executive board of the local, to be scheduled no later than ten (10) days after the end of such thirty (30) day period. No debate or discussion shall be permitted, but the presiding officer shall request those having personal knowledge of any of the facts alleged in the charges to submit their names as witnesses to the Secretary of the meeting. The presiding officer shall refer the charges to the Executive Board for trial. Section 9. Waiver of Trial If charges as required by Section 3 - Charges hereof have been filed, the accused may plead guilty and waive the holding of the trial provided he/she does so in a written notarized and witnessed statement and has been advised in writing as to the range of penalties that may be imposed upon him/her by reason of such plea. If the accused wishes to plead guilty with an explanation, such explanation shall also be in written form. An accused who pleads guilty to charges shall be deemed to have waived his/her right on any appeal to raise any question concerning his/her guilt or innocence and his/her appeal in that event shall be limited to the question of the appropriateness of the penalty or penalties imposed upon him/her. No stenographic transcript or tape recording shall be required if a plea of guilty is entered in accordance herewith. Section 9A. Notice Within one (1) week after reference of the charges, the Executive Board shall cause to be served upon the accused personally, or where this is impossible, by registered mail to his/her last known address, a duplicate copy of the charges, and shall notify him/her of the time and place appointed for the hearing thereon. Provided, that such notice shall be served upon or sent to the accused at least fifteen (15) calendar days prior to the date appointed for the hearing. Section 10. Postponements Should the accused be unable for proper cause to attend the hearing at the time and place designated, he/she shall, at the discretion of the Executive Board or committee, and upon application, be granted a postponement or continuance to some place and date agreed upon. 21 Constitution and By-Laws IATSE Local 28 - June 2013 Section 11. Appearance for Trial If the accused so desires, he/she may waive the right of appearing before the Executive Board for hearing upon the charges preferred against him/her, or may designate a fellow member as counsel to appear for him/her and conduct his/ her defense. Provided, that waiver of appearance shall not be prejudicial to the accused, and trial shall, if he/she fails to appear, proceed in his/her absence, the Board or committee hearing all evidence and basing its decision as to the guilt of the accused solely thereon. Section 12. Trial Body The Executive Board shall sit as a trial body to hear all the evidence upon the charges, and shall determine the guilt or innocence of the accused, and if found guilty, to make recommendations as to the penalty to be imposed. The Executive Board shall sit as the trial body in all impeachment cases and shall conduct at the hearing upon the charges a thorough inquiry into the merits of the case, according to the complainant and the accused alike, a full and impartial hearing. In the conduct of such trial the provisions of Section 15 - Hearing, Section 16 - Member Counsel, Section 17 - Witnesses Sworn, Section 18 - Depositions, and Section 19 - Transcript of this Article shall be observed. The guilt or innocence of the accused officer shall be determined by a majority vote of the Executive Board. If the accused is found guilty as charged it shall then become the duty of the said Board to declare the office of the accused vacant and the successor of said officer shall be selected in a manner provided in this Constitution, and the said accused shall, in addition, be subject to such discipline as the Executive Board may decide to impose upon him/her, including expulsion, suspension and/or fine. Section 13. Challenges The accused shall have the privilege of challenging the right of any member of the Board to sit upon his/her case, and in the event of such challenge, the other members of the Board shall pass upon its validity, sustaining it or overruling it. Section 14. Trial in Open Meeting Where the accused shall be aggrieved by the ruling of the Board upon his/her challenge of an individual member or members, or shall challenge the entire Board for cause, he/she shall have the election to proceed before the Board, waiving his/her challenge, or to demand trial before the members of the Local in open meeting. Provided, that if he/she elects to be tried in the last-named manner the hearing shall be conducted in the manner set forth for trials before the Board. Section 15. Hearing The accused shall, at the hearing upon the charges, have the right to present his/her defense in full, and to confront and question all witnesses and to examine all of the evidence of the case. Section 16. Member Counsel The accused shall have the right to be represented by counsel, who shall be a member of this Alliance in good standing. Section 17. Witnesses Sworn Whenever the accused or the Executive Board so requests, the testimony of any witness must be taken under oath, to be administered by the Chair of the Board. 22 Constitution and By-Laws IATSE Local 28 - June 2013 Section 18. Depositions If a witness is unable to attend the trial, a written deposition of his/her testimony may be taken in the form of an affidavit, and such portions of it as are not denied by the accused shall be admitted as evidence. Section 19. Transcript A written verbatim transcript of all testimony adduced at the hearing shall be made. The Executive Board may elect to tape record the proceedings and in that event the tape must be fully and accurately transcribed in typewritten form in case of an appeal to the International President. Section 20. Report of Findings The Executive Board shall, after hearing all the evidence, render a written report of its findings as to the guilt or innocence of the accused and, if the accused be found guilty, the penalty to be imposed. A copy thereof shall be filed with the Secretary of the Local and a copy shall be served either personally or by certified mail on the accused or his/ her member counsel if so requested by the accused within five (5) working days. A copy of the written transcript or tape recording of the evidence and proceedings at the hearing shall be available for examination or playback by the accused or his/her member counsel and, if so requested by the accused in writing, a copy thereof shall be furnished to the accused at his/her own expense. Immediately upon receipt of the transcript or recording, the Local shall notify the accused in writing of its availability. Section 21. Action by Membership of Local At the next membership meeting of the Local but in no event sooner than twenty (20) days from the date on which the accused has been notified of the availability of the written transcript or tape recording the report of the Executive Board shall be submitted to the membership for appropriate action as hereinafter provided. The written transcript or tape recording of the hearing shall not be read or played back. Section 22. Acquittal or Conviction After submission of the report, the accused, if aggrieved by the decision of the Executive Board, and any other member in attendance at the meeting, including members of the Executive Board shall be afforded an opportunity to speak either in favor of or against such decision. Upon completion of debate, the membership shall proceed to vote upon the findings of the Executive Board as to the guilt or innocence of the accused. If a majority of the members present so vote, the findings of the Executive Board shall be adopted. If the findings are not accepted, the transcript shall be read unless this has been done heretofore, and the question shall be put whether the accused shall be granted a trial by the membership or whether the membership shall proceed to ballot upon the guilt of the accused. If a majority of the members present vote for the latter procedure, a ballot shall be taken on the guilt of the accused, and if two-thirds (2/3) of the members present shall vote contrary to the findings of the Executive Board, the findings shall stand reversed, otherwise, the findings shall stand upheld. Section 23. Imposition of Penalties If the accused be found guilty of an offense for which no specific penalty is fixed by the Constitution or by-laws, the membership shall then proceed to ballot upon the decision of the Executive Board as to the penalty to be imposed. If a majority of the members present so vote, the penalty fixed by the Executive Board shall be adopted. If a majority of the members present reject the penalty decided upon by the Executive Board, the membership shall then proceed to vote upon the penalty to be imposed, the members voting to expel, suspend, fine and/or reprimand. An accused found guilty may also be assessed the costs of the trial. When membership voting on the report of the Executive Board is completed, available remedies within the Local union shall be deemed exhausted. 23 Constitution and By-Laws IATSE Local 28 - June 2013 Section 24. Where Trial Was Before Membership When the accused is tried before the membership as provided in Section 14 - Trial in Open Meeting, the guilt or innocence of the accused shall be determined by majority vote of the members present, and the penalty shall be imposed as prescribed in Section 23 - Imposition of Penalties. Section 25. Sentence Reported to International President A report of the sentence imposed upon an accused member shall be forwarded by the President of the Local to the International President of the Alliance for filing. Section 26. Appeals Any member aggrieved by the decision, rule, regulation, order, mandate or any other act or omission of an officer of this Local may appeal his/her case in the following order: (1) From the decision, rule, regulation, order, mandate or any other act or omission of an officer of this Local to the Executive Board; (2) From the decision, rule, regulation, order, mandate or any other act or omission of the Executive Board to the Local Union in meeting assembled: (3) In accordance with ARTICLE XII - Appeals, of this Constitution and by-laws. ARTICLE XII - Appeals Section 1. Right of Appeal Any member aggrieved by the decision, rule, regulation, order, mandate, or act or omission, of any officer, body or tribunal of this Alliance may, after exhausting his/her remedies within the Local by appeal to the membership, appeal his/her case in the following order: (1) From the decision of the membership of the Local to the International President of this Alliance; (2) from the decision of the International President to the General Executive Board; (3) from the decision of the General Executive Board to the Alliance in Convention assembled, and the latter body shall be tribunal of ultimate judgment. However, in the interim rulings of any proper tribunal of this Local or the Alliance shall be enforced pending disposal of appeal, unless a stay of the decision has, upon application, been granted. All appeals by a member to the membership of the Local must be heard within sixty (60) days of the date the appeal was filed or the member may appeal directly to the International President. Section 2. Time Allowed for Filing Appeals shall be cognizable only if filed within thirty (30) days after the decision appealed from. Appeals concerning nominations or elections must be made within fifteen (15) days. Section 3. Must be in Writing All appeals to the International must be in writing, setting forth those facts, which the appellant shall consider entitle him/her to a reversal of the ruling, and signed by the appellant. Section 4. Copy of Appeal When an appeal is taken to the International President from the decision of the Local, a copy of the appeal shall be filed with the Secretary of the Local. Within two weeks the Local shall forward to the International President all the records in the case. If the appeal involves a determination made after trial of charges against a member or officer, the records in the case shall include the sworn charges and the transcript of testimony or if a tape recording was made, the original unedited tape recording and a typewritten transcript thereof, the findings and sentence, and any additional matters of evidence on record. The correctness of the transcript or of the tape recording and stenographic transcript thereof and of the record shall be certified by the Local under the appropriate seal. The Local shall also answer to the appeal, setting forth reasons in support of its decision, and serve a copy of the answer on the appellant. 24 Constitution and By-Laws IATSE Local 28 - June 2013 Section 5. Decisions Conclusive The members of the Local shall submit all their rights within the Local and the Alliance first to the determinations of their proper tribunals. Section 6. Exhausting Internal Remedies The members of this Local further consent to be disciplined in the manner provided by this Constitution and by-laws, and under no circumstances to resort to outside tribunals until all the remedies herein provided shall have been exhausted. Section 7. Appellate Process In order for an appeal to be cognizable by the International President, all remedies within the local union, including an appeal to the membership must be exhausted. Appeals within locals from the decision of an officer to the executive board and from the executive board to the membership must be made within thirty (30) days. Appeals concerning nominations or elections must be made within fifteen (15) days. ARTICLE XIII - Permanency Section 1. Dissolution This Local shall not dissolve itself while there are seven (7) dissenting members, nor shall this Article of the Constitution be subject to any alteration or amendment whatsoever. ARTICLE XIV - Conflict with Other Laws Section 1. Conflict with Other Laws Any part of this Constitution conflicting with State of Oregon or U.S. Government Labor Laws shall be null and void, but shall not render the remainder of the Constitution null or void. ARTICLE XV - Amending the Constitution Section 1. Amendment of the Constitution Any proposed amendment to the Constitution of this Local shall be submitted in writing, by any member in good standing, to the Recording Secretary in the form of a resolution as described in Robert's Rules of Order, - Chapter V, Section 10 - The Main Motion / Motions Submitted in Writing - Resolutions. The Constitution Committee or a representative thereof, shall assist any member in good standing with the drafting of such resolution upon the request of said member. The author of any resolution, (together with the Constitution Committee), shall be responsible for seeing to it that any such resolution takes into account any applicable sections of the Constitution and by-laws of this Local and those of the International as well as any applicable federal and state laws or acts and that the proposed amendment is valid as to form, content and language before being submitted to the Recording Secretary for endorsement. The Recording Secretary of the Local shall endorse any amendment, which is in compliance with said criteria, and shall not withhold his/her endorsement without just cause. 25 Constitution and By-Laws IATSE Local 28 - June 2013 The Recording Secretary shall then notify the membership at least fifteen (15) days in advance of the first meeting at which the proposition is first to be presented that there is before the membership a valid proposition for amendment of the Constitution. Such notice shall be given in a mailing to all members in good standing and shall include the exact wording of the proposed amendment and state when and where it shall be read and discussed. Said proposition shall then be presented to the membership at two (2) consecutive regular meetings where it shall be discussed and shall be open for amendment. At the next regular meeting the amendment shall be open for discussion and debate but shall not be open to further amendment and shall be balloted upon. The resulting amendment shall require the favorable vote of a two-thirds (2/3) majority of the members present at the meeting in order to pass. Unless otherwise provided for by specific language presented within the proposition said amendment shall take effect at the regular meeting following receipt of endorsement by the International President. Whenever a proposition for amendment to the Constitution is before the membership it shall be considered by the committee of the whole and the President shall be allowed to assign the Chair to any other officer and participate in debate. This standard procedure may be modified to expedite handling of an amendment, or the initiation of the procedure may be postponed, as determined by majority vote of the membership or the Executive Board. Any such modification shall abide by the requirement for pre-notification and provide all members with an equal opportunity to discuss and debate such proposition. Said modifications may include, but are not necessarily limited to, the addition of special meetings and/or a referendum ballot mailed to all eligible members. To be approved by referendum a proposed amendment shall require a favorable majority of valid ballots returned by all eligible voters. 26 Constitution and By-Laws IATSE Local 28 - June 2013 BYLAWS ARTICLE I - General Practices & Application I - 1. Fines and Assessments All fines for nonpayment of dues or punitive fines and assessments shall be charged against members of this Local as unpaid dues and, if uncollected in thirty (30) days, shall affect a member's standing as such. I - 2. Imposition of Penalties No penalty or fine shall be imposed on any member of this Local unless the member is first notified in writing of the infraction. Such notice shall include the date and nature of the alleged infraction, the specific section of the by-laws violated, the amount of fine being levied and instructions for the disposition of the matter. I - 3. Appeal of Fines Any member charged with an infraction of these by-laws and fined according thereto shall have the right to appeal the levy of said fine at a full and fair hearing before the Executive Board or Executive Committees of this Local. No additional fine shall be levied pending appeal except in the case of nonpayment of dues in which case fines shall continue to be levied until payment is made or terms of payment are arranged. Any member wishing to appeal the levy of a fine must either provide the Executive Board with a written explanation of why they are contesting the fine or request a hearing before the next scheduled meeting of the Executive Board following the levy of said fine. If the levy of the fine is made less than ten (10) days before the Executive board meeting, the member shall be permitted the right to appeal to the following regular Executive Board meeting Appeals of fines shall be requested in writing and sent to the attention of the Recording Secretary at the offices of Local 28 and shall be considered and decided at the next convened meeting of the Executive Board. The Executive Board shall grant or deny each appeal. Any member granted or denied an appeal shall be so notified in writing within ten (10) days of the decision. Any notification of denial shall include the reasons for the action. A member aggrieved by the decision of the Executive Board following the hearing may appeal the Board's decision to the members present at a regular meeting. Any fine imposed by the Executive Board must be paid pending resolution of the matter by a majority vote of the membership. Any member who is denied an appeal shall be liable for any and all late charges that may have accrued during his/her appeal. I - 4. Terms of Payment Any member who, through circumstances beyond his/her control, is unable to pay his/her financial obligations to this Local in a timely fashion, may be granted terms of payment by the Executive Board. If a member requests terms of payment said request shall be in writing and include the reason for the request, the total amount due and a projected schedule of payments. Such request shall be mailed to the attention of the Recording Secretary at the offices of Local 28 and shall be considered and decided at the next convened meeting of the Executive Board. Any member having been “suspended”, but granted terms of payment, shall be considered "suspended" until his/her account is paid in full, unless, upon separate petition to the President of the Local and solely in the President's prudent judgment, provisional good standing is warranted under terms of payment conditions. Any member granted or denied provisional good standing and/or terms of payment shall be so notified in writing within ten (10) days of the decision. Any notification of denial shall include the reasons for the action. Failure on the part of the member to meet the schedule of payment shall result in repeal of provisional good standing and/or terms of payment arrangement. 27 Constitution and By-Laws IATSE Local 28 - June 2013 I - 5. Returned Checks Any check made payable to Local 28 from or on behalf of any member returned for insufficient funds shall be subject to an additional twenty dollar ($20.00) charge plus any charges made to the Local by the bank for said transaction. Any fraudulent checks made payable to Local 28 from or on behalf of any member shall be subject to all legal remedies regarding same. I - 6. Ignorance of the Law Ignorance of the laws of this Local cannot be considered as an excuse in any case where our laws have been violated by a member, or members of any Local working under our jurisdiction. All new members shall be provided with a copy of the Constitution and by-laws of the International Alliance and this Local, which such new member shall be expected to read prior to taking their oath of obligation. I - 7. Conflict with Other Laws Any part of these by-laws conflicting with State of Oregon, or U.S. Government Labor Laws shall be null and void, but shall not render the remainder of the by-laws null or void. ARTICLE II - Conduct of Members I - 1. Address of Members Any member, on changing his/her residence, shall notify the Secretary and/or Business Representative immediately. Any notice sent to the last address shown on the books of this Local shall be deemed legal and sufficient notice. Any member who shall fail to notify the Recording Secretary or Business Representative of this Local of any change in address or telephone number within thirty (30) days of such change shall be fined the sum of five dollars ($5.00). II - 2. Misconduct during Meetings For misconduct during the course of a meeting, a member may be summarily fined in an amount not to exceed fifteen dollars ($15.00) for each separate offense, or at the discretion of the President, may be summarily ejected from the meeting if his/her conduct persists in disrupting the meeting. No appeal shall be had to the body where a member is fined under this Section. II - 3. Failure to Appear Any person, proposed for membership, accepted into membership and endorsed by the General Secretary of the International Alliance, who, without proper cause, does not appear before the Body at a regular meeting of this Local to take his/her oath of obligation by the third (3rd) regular meeting following his/her acceptance into this Local shall forfeit all moneys deposited with this Local and shall be required to reapply as a new member. Any member who is summoned to appear at a meeting of the membership, the Executive Board or legally appointed committee of the Local and who fails to appear, after receiving due notice of same, shall be subject to a fine of up to fifty dollars ($50.00), the exact amount to be determined by the Executive Board, or shall be penalized, after fair trial, to such an extent as the Local may see fit. II - 4. Conduct Unbecoming a Member Any member of the International Alliance subject to the jurisdiction of this Local, who shall so far neglect or shirk his/ her duty and Local obligation, as to be a party to or connected with any act or acts prejudicial to the interests of this Local, and contrary to good conscience as a member, shall upon conviction thereof, be deemed guilty of Conduct Unbecoming a Member and shall be punished by fine, suspension or expulsion as this Organization deems fit and proper. 28 Constitution and By-Laws IATSE Local 28 - June 2013 II - 5. Members Convicted Any member convicted of any detrimental action against this Local shall not hold office for two years following conviction. II - 6. Divulging Business Any member informing outside parties of the business of this Local to the prejudice or discredit thereof shall be fined twenty-five dollars ($25.00) for the first offense, and for the second offense, shall be suspended or expelled, and any member having knowledge of violations of this section and failing to report same shall be deemed equally guilty. II - 7. Dishonesty, Drunkenness and Drug Abuse Any member dismissed from his/her position for dishonesty, drunkenness or drug abuse upon being found guilty thereof shall be fined up to $100.00 or laid off up to seven (7) working days or a combination of both. This Local will not support anyone who may be discharged through dishonesty, intoxication, drug abuse or incompetence, but will at all times strive to uphold the good name of the Local. Members who, by their irregular habits, have been before the body on charges and have been convicted of any offense detrimental to the welfare of this organization may be suspended until such time as said members have proven to the body that they are able and willing to keep the laws of the Local up to the standard that is set for them. ARTICLE III - Workplace & Conditions III - 1. Contract Stewards A Contract steward shall be elected or appointed to effectively represent the workers of this local and best serve the interests of the Local for every work location within the jurisdiction crewed by members of Local 28. The Contract steward must be working under the same contract and conditions as the members that they represent. The President shall appoint the Contract steward or shall cause said Contract steward to be elected from the number of members working at such location. III - 2. Duties of Contract Stewards Contract Stewards shall investigate and advise, the member, Business Representative and Executive Board, on any workrelated concern that is witnessed or is brought to their attention by any member of their bargaining unit. They shall have authority to solicit and file grievances on behalf of employees in accordance with the contractually defined procedure for processing such grievances if the Business Representative approves and, in their prudent opinion, such grievances bear merit. They shall not take any other action on behalf of the Local and shall not accept resolution of a grievance without express approval of the President or Business Representative. They shall work under the direction of the Business Representative and shall report to the Executive Board. Contract Stewards shall report any infraction of general safety practices, the contract or work rules, tardiness and misbehavior on the part of employees, or any occurrence that in any way jeopardizes the welfare of this local or its members. Contract Stewards shall present reports to be read at each regular meeting of the Local. They shall provide the Membership Committee with evaluations of extra referrals work habits and skills and report any serious infractions of safety or work rules by extra referrals or members to the Business Representative and Executive Board. In the absence of the Business Representative, they shall examine traveling member's cards and contracts, and if such members are not in good standing they shall be replaced as provided for in ARTICLE VII - Duties of Officers, Section 4 - Business Representative, of this Constitution. Contract Stewards shall contact the Business Representative for any and all interpretation questions regarding a Local 28 contract. Whenever the regular Contract steward is absent, the member relieving him/her shall assume the duties and responsibilities of the Contract steward until the steward returns. 29 Constitution and By-Laws IATSE Local 28 - June 2013 III - 3. Reporting Work to Business Representative Each member shall notify the Business Representative of all work for which he/she has been hired if said work falls within the jurisdiction of this Local. Report of work shall be made not later than the day following completion of the first day's work or within forty-eight (48) hours after receiving the call, whichever comes first. Failure to report work, which falls within the jurisdiction of Local 28 in a timely manner, shall be summarily punished by a fine of up to fifty dollars ($50.00) as determined by the Executive Board. Repeated violation of this by-law shall result in such charges being brought and penalties imposed as the Local may see fit up to and including suspension or expulsion. III - 4. Electrical Work All electrical hookups and generator operation done in the jurisdiction of this Local must be done by members of this Local holding at least a Limited Journeyman Stage Electrician License. III - 5. Controversy with Management Any contract problems that may arise in any place under the jurisdiction of this Local, must first be submitted to the Contract steward and if he/she fails to settle the difficulty to the benefit of this Union he/she must at once report the case to the Business Representative who shall take the case before the Executive Board if resolution cannot be obtained. If the Board cannot settle the matter in an amicable and acceptable manner the Local may act; and on whatever manner a majority of members present decide upon, all members shall be thereby bound. (Refer to ARTICLE TWENTY TWOStrikes and Road Calls, Sections 1, 2 and 3 of the International Constitution and by-laws.) III - 6. Late or Absent from Work Any member who is absent from his/her duties on the job for any reason, must first secure permission from the Job steward on said job. In case of illness or accident, said member's employer and steward are to be notified at the earliest possible moment so that a replacement may be sent out as soon as possible. Any member who shall fail to report to work, or report late, or refuse or neglect to carry out the instructions of the Business Representative relative to the covering of a job, thereby causing discredit or financial loss to this organization, shall be fined not more than fifty dollars ($50.00), the exact amount to be decided by the Executive Board. III - 7. Failure to Produce Card Members of this Local should carry their membership cards at all times. Members may be asked to show their membership card to the sergeant-at-arms before being admitted to a meeting. Any member working or going to work at any place under the jurisdiction of this Local, must produce their membership card when called for by the Business Representative, the President, or any person designated as representing or having authority over workers of this Local. Violation of this section shall be punishable by a fine of not more than twenty dollars ($20.00), the exact amount to be decided by the Executive Board. III - 8. Personal Contracts of Members No member of this Local shall enter into any contract or agreement either verbal or written, which will in any way conflict with their duties to this Local, or that will in any way prevent them from standing by any action taken by this organization. Violations of this section shall be subject to a fine of up to fifty dollars ($50.00), the exact amount to be determined by the Executive Board, or shall be penalized, after fair trial, to such an extent as the Local may see fit. III - 9. Donation of Services Any member shall be permitted to donate his/her services gratis upon obtaining permission of the Business Representative. Failure to obtain approval shall be punishable by a fine of not more than twenty dollars ($20.00), the exact amount to be determined by the Executive Board. 30 Constitution and By-Laws IATSE Local 28 - June 2013 III - 10. Refusing to Cover Positions Any member who has asked for work thus signifying his/her intention to accept a position, who shall refuse to go on a position after being instructed to do so by the Business Representative, shall have his/her name reported to the Executive Board. Penalty for violation of this section include fines of up to twenty dollars ($20.00) or temporary suspension from work rights in this Local. III - 11. Unfair Houses No member shall be allowed to work in any place in our jurisdiction declared Unfair. Any member continuing to work in any such place after appropriate written notification shall be fined up to $250.00, suspended or expelled, at the option of the Local. III - 12. Strike Breaking No member shall be allowed to work at any place in our jurisdiction that is declared on strike or lockout. Any member violating this section shall be suspended or expelled. III -13. Abusive Behavior Any workplace incidents involving members of this local which are potentially detrimental to the good standing of Local 28, including fighting, inappropriate language, abuse of any kind, or any form of discrimination, shall be reported to both the Job Steward and the Contract Steward on the job site and shall be recorded in the Job Steward’s report for that job. ARTICLE IV - Administration IV - 1. Books and Records Officers having charge of books and records of this Local shall have them in the meeting room at roll call. Officers and committee members shall be responsible for maintaining and keeping current the books and records provided to them by the Local and shall, at the installation of their successor, transfer to him/her all books, papers, and other property in his/her possession belonging to the Local. IV - 2. Number of Offices Held No member of this Local shall hold more than one office at the same time, except that the President, Vice-president, Recording Secretary, Financial Secretary-Treasurer and Business Representative will serve on the Executive Board. Any officer may also serve as a Delegate or Alternate Delegate. IV - 3. Attendance of Meetings The members of the Executive Board shall attend all meetings of the Executive Board and all regular or special meetings of the membership of this Local. When an Executive Board Member or Officer of this Local is absent from three (3) consecutive meetings, regular or executive, except for sickness, injury, valid work requirement, or with the permission of the President or Executive Board, his/her office shall become vacant and a special election, in accordance with ARTICLE VI - Nomination and Election of Officers and ARTICLE VII - Duties of Officers, Section 1 President, shall be held to fill the resulting vacancy. Any member who has been removed from office because of nonattendance shall not be eligible for any office until one (1) year has elapsed from the date of removal from office. 31 Constitution and By-Laws IATSE Local 28 - June 2013 IV - 4. Appointment of Committees The President shall select the committee Chair and all members of the committees provided for by this Constitution and by-laws. Should the President so choose, he/she may appoint all members of the committee and permit said members to elect a Chair from their number, or alternatively, may appoint only the Chair and allow said Chair to select the members of the committee and present the names of said members to the President for approval. Once the committee has been filled the Chair of said committee shall have the power to fill any vacancy which may occur or appoint additional members to the committee, or create and fill sub-committees, as deemed necessary by the president. All sub-committees shall have at least one (1) of the appointed members provided for by this Constitution and by-laws appointed to them. Should at any time the appointment of a nonmember of this Local to a committee be deemed necessary, such appointment must be approved by a majority vote of those members in good standing present at a meeting of this Local. IV - 5. Powers of Committees All committees shall be empowered to handle only that business for which they were assembled and shall take all steps necessary to carry out their instructions. They shall report their findings and recommendations to this Local and may, only upon specific instructions from this Local, be empowered to act for this Local in such instances. IV - 6. Duties of Committee Members Any member of a Committee shall perform the duties incumbent of him/her or be subject to a fine. All members appointed to any committee must be in good standing and must be willing to work openly and productively with other members serving on the same committee. Any Chair of a committee who, after accepting the appointment, shall refuse or neglect to perform his/her duty shall be removed from said committee by the President, or the Executive Board and shall be subject to a fine of up to fifty dollars ($50.00), the exact amount to be determined by the Executive Board. Any member of a committee who, after accepting the appointment, shall refuse or neglect to perform his/her duty shall be removed from said committee by the Chair of the committee, the President, or the Executive Board and shall be subject to a fine of up to twenty-five dollars ($25.00), the exact amount to be determined by the Executive Board. IV - 7. Standing Committees Standing committees shall be assembled to perform a continuing function and shall remain in existence permanently. The term of service for all standing committee members shall commence with the date of their appointment and continue until the acceptance of their resignation, their removal for neglect of duties or any other reason which establishes inability to perform the duties required of them by the Local. Standing committee appointments shall be reaffirmed by the incoming President or changed as he/she may see fit in his/her prudent judgment. Standing committees shall at all times remain under the direction and control of the Executive Board. The standing committees of this Local shall be: a. Communications and Legislation Committee The Communications and Legislation Committee shall handle all matters pertaining to the communications and public relations of this Local referred to it by the Executive Board or membership of this Local. It shall be charged with the publishing and distribution of the official newsletter of this Local and shall facilitate the quarterly mailings to the members of this Local. It shall perform public relations functions as directed by the President or the membership of this Local. It shall work in conjunction with other committees and officers of this Local to facilitate the exchange of information within and without of this Local. 32 Constitution and By-Laws IATSE Local 28 - June 2013 It shall, if requested by the President or membership, prepare and present reports on legislation or other matters that affect the welfare of this Local or its members. The Communications and Legislation Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. b. Membership Committee The Membership Committee shall handle any and all business which concerns the membership policies of this Local and applicants thereto or which is given to its charge by the Executive Board. The Membership Committee shall deal with all applications for Junior and Journeyman membership as provided for in this Constitution and Bylaws. It shall, if requested by the President or membership, prepare and present reports on matters that affect the welfare of this Local or its members. The Membership Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. The Vice-president and Recording Secretary shall be ex-officio members of the Membership Committee. A quorum of Three (3) appointed members in good standing is required to open a meeting. c. Finance Committee The Finance Committee shall be charged with all tasks or business referred to it by the President, the Executive Board, the Business Representative, the Financial Secretary-Treasurer, or membership of this Local and shall report to same regarding the disposition of said matters. The Finance Committee shall be provided access to the complete financial records of this Local and shall be apprised of any information or situation which the Executive Board or its members are aware of that may impinge on the financial health and well-being of this Local or its members. It shall, if requested by the President or membership, prepare and present reports on the finances of this local or other matters which affect the financial welfare of this Local or its members. The Finance Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. d. Education Committee The Education Committee shall be charged with all matters pertaining to the continuing education of members. The Education Committee shall create, approve, and/or oversee all classes, texts, and examinations provided by the Local. They shall prepare and present reports on continuing education, and/or other matters that affect the welfare of this Local or its members. The committee shall recommend and facilitate the purchase of books and other educational materials as necessary. The Education Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. The President and the Vice-president shall be ex-officio members of the Education Committee. e. Safety Committee The Safety Committee shall be charged with all matters pertaining to workplace safety. They shall work in collaboration with the Education committee to prepare and present reports on health and safety issues, and/or other matters which affect the welfare of this Local or its members. The committee shall recommend and facilitate the purchase of safety equipment as necessary. The Safety Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. 33 Constitution and By-Laws IATSE Local 28 - June 2013 f. Constitution Committee The Constitution Committee shall be charged with all matters pertaining to the maintenance of the Constitution and by- laws of the local. They shall advise and assist members with the drafting of resolutions and amendments. They shall be responsible for seeing to it that any such resolution or amendment takes into account any applicable sections of the Constitution and by-laws of this Local and those of the International as well as any applicable federal and state laws or acts and that the proposed amendment is valid as to form, content and language before being submitted to the Recording Secretary for endorsement. They shall facilitate the submission of all revisions and amendments to the International President for the approval of the general office as required. They shall prepare and present written reports to the membership on issues relating to the interpretation of the Constitution and by-laws of this Local which shall include majority and minority opinions on meaning and effect of clauses as requested by the Executive board or membership. Any such report shall be subject to the approval of the membership before implementation. The Constitution Committee shall consist of a sufficient number of members to execute the duties required of them by the Local. IV - 8. Special Committees A special committee may be convened at any time in accordance with those provisions set forth in Section 1 Appointment of Committees of this Article at the request of the President or the membership of this Local. Special committees shall be appointed, as the need arises, to carry out a specific task, at the completion of which and with the acceptance of the committee's final report to the Local, it shall be discharged and cease to exist. IV - 9. Office Manager and Clerical Assistants The Executive Board shall have the option to employ an Office Manager and/or clerical or administrative assistants in a part or full-time capacity as funds permit. These persons shall work under the supervision of the Executive Board and shall perform the daily maintenance of the membership ledgers, files, records and any other responsibilities deemed appropriate by the Executive Board. They shall work in conjunction with the Recording Secretary and the Financial Secretary-Treasurer to effect notification to members or other necessary correspondence. Compensation for the Office Manager and/or clerical or administrative assistants shall be negotiated by the Executive Board with subsequent approval of the membership at any regular or special meeting. The Office Manager shall be bonded in the accepted manner. The Office Manager shall, on determination from the Executive Board, be authorized to sign checks. The Office Manager and/or clerical or administrative assistants are not required to be a member of this Local. IV - 10. Quarterly Mailings All members of this Local shall receive a quarterly mailing which shall contain a statement of their individual financial and membership status in this Local and other materials as directed by the President, Executive Board or the membership of this Local. IV - 11. Newsletter It shall be the responsibility of the Communications and Legislation committee to publish and distribute to the membership of this Local a newsletter of the Local. This newsletter shall be published on a regular basis, but in any event, at least quarterly, and shall impart to the membership any information deemed worthwhile by the committee or any information supplied to it for publication by the Executive Board. 34 Constitution and By-Laws IATSE Local 28 - June 2013 IV - 12. Amendment of by-laws No portion of these by-laws may be suspended, but may be amended by the following procedure. No such amendment shall be effective until it is endorsed by the International President. Any proposed amendment to the by-laws of this Local shall be submitted in writing, by any member in good standing, to the Recording Secretary in the form of a resolution as described in Robert's Rules of Order, - Chapter V, Section 10 - The Main Motion / Motions Submitted in Writing - Resolutions. The Constitution Committee or a representative thereof, shall assist any member in good standing with the drafting of such resolution upon the request of said member. The author of any resolution, (together with the Constitution Committee), shall be responsible for seeing to it that any such resolution takes into account any applicable sections of the Constitution and by-laws of this Local and those of the International as well as any applicable federal and state laws or acts and that the proposed amendment is valid as to form, content and language before being submitted to the Recording Secretary for endorsement. The Recording Secretary of the Local shall endorse any amendment that is in compliance with said criteria, and shall not withhold his/her endorsement without just cause. The Recording Secretary shall then notify the membership, at least fifteen (15) days in advance of the first meeting at which the proposition is first to be presented, that there is before the membership a valid proposition for amendment of the by-laws. Said notice shall be given in the official newsletter of the Local or by a separate mailing to all members in good standing and shall include the exact wording of the proposed amendment and state when and where it shall be read and discussed. Said proposition shall then be presented to the membership at two (2) consecutive regular meetings where it shall be discussed and open for amendment. At the next regular meeting the amendment shall be open for discussion and debate but shall not be open to further amendment and shall be balloted upon. The resulting amendment shall require the favorable vote of a majority of the members present at the meeting in order to pass. Unless otherwise provided for by specific language presented within the proposition said amendment shall take effect at the regular meeting following receipt of endorsement by the International President. Whenever a proposition for amendment to the by-laws is before the membership it shall be considered by the committee of the whole and the President shall be allowed to assign the Chair to any other officer and participate in debate. This standard procedure may be modified to expedite handling of an amendment, or the initiation of the procedure may be postponed, as determined by majority vote of the membership or the Executive Board. Any such modification shall abide by the requirement for pre-notification and provide all members with a reasonable opportunity to discuss and debate such proposition. Said modifications may include, but are not necessarily limited to, the addition of special meetings and/or a referendum ballot mailed to all eligible members. 35 Constitution and By-Laws IATSE Local 28 - June 2013 ARTICLE V - Special Rules of Order V - 1. No business shall be taken up except in the order prescribed, unless on motion, such irregularity shall be sanctioned by a majority of the members present. Such change shall be effective only for the duration of such meeting. Any permanent change in the order of business shall be executed according to by-law ARTICLE IVSection 12 - Amendment of by-laws. The order of business at regular Local Meetings shall be as follows: 1. 2. 3. 4. Registration of Officers and Members Opening of Session Reading of Delinquencies Disposition of Candidates for Membership A. Recording Secretary's Proposition of Candidates B. Reports of Membership Committee on Candidates C. Obligation (or initiation) of Candidates 5. Reading of the minutes of the previous meeting 6. Reading of the minutes of the Executive Board A. Business arising out of minutes 7. Reading of communications and bills 8. Financial Secretary Treasurer's Report 9. Reports of Officers and Committees A. Business Representative's Report B. Job Steward's Reports C. Report of the Board of Trustees D. Reports of Standing Committees D.1. Communications and Legislation Committee D.2. Membership Committee D.3. Finance Committee D.4. Education Committee D.5. Safety Committee D.6. Constitution Committee E. Reports of Special Committees 10. President's Address 11. Unfinished Business 12. New Business A. Reading of Requests for Applications B. Disposition of Requests for Application C. Other New Business 13. Good and Welfare 14. Report on Reconciliation of Delinquencies 15. Closing of the Meeting 36 Constitution and By-Laws IATSE Local 28 - June 2013 V - 2. No business shall be received or laid before this Local, unless moved by two members, nor opened for discussion until stated by the presiding officer who shall ask: "Is the Local ready for the Question?" Should no Member wish to speak on it, the question shall then be put. When a question is before the Local, no other motions shall be in order, except, first, to adjourn; second, to lay on the table; third, the previous question; fourth, to postpone; fifth, to refer; sixth, to amend; which motions shall have precedence in the order in which they are here arranged. The first three shall be decided without debate. The fourth shall also be decided without debate, unless it is proposed to postpone to a definite period, in which case it shall be debatable. V - 3. Resolutions, amendments to the Constitution and by-laws and charges against officers and members, must in all cases be presented in writing, otherwise they shall not be considered. V - 4. The mover of any verbal proposition shall, upon request of the chair or two (2) or more members, reduce it to writing. V - 5. Any member entitled to a vote may move for a division of the question when the sense of the same will admit to it. V - 6. A motion to reconsider any former motion or vote shall only be made and seconded by members who voted with the majority. V - 7. When the reading of any paper is called for and objected to, the question shall be decided by vote. A division of this Local shall be taken on any question and recorded at the request of five (5) members. V - 8. When members speak they shall rise and address the presiding officer, confining themselves strictly to the question under consideration. A member shall not be interrupted while speaking unless by the presiding officer, who may call to order, or admonish to a closer adherence to the subject and to avoid all personalities. Nor shall a member be allowed to speak more than twice on the same subject without permission of the presiding officer. When two (2) or more members rise at once the presiding officer shall decide who shall speak first. V - 9. On the call of a member for the previous question the presiding officer shall put it in this form: "Shall the main question be now put?" And until this is decided, it shall preclude all amendments to the question and all further debate shall cease. V - 10. All standing committees shall be appointed by the President. V - 11. The officer or member presiding in the absence of the President, shall, for the time being, possess all the powers and privileges vested in the President by the Constitution and by-laws of this Local. V - 12. No subject of a partisan or religious nature shall at any time be admitted. V - 13. No person who is not a member shall be allowed at any of the meetings without the consent of this Local. V - 14. In the absence of a special rule of order to apply to questions before the Local, recourse shall be had to Robert's Rules of Order. V - 15. Questions of order shall be decided by the presiding officer, but in case of an appeal from his/her decision the meeting shall determine the question without debate. When a member raises a question of order he/she, after being recognized by the Chair, briefly shall state his/her reason therefore. There shall be no debate upon a question of order. The Chair alone shall make the ruling as to whether the question of order is well taken or out of order. The member raising the question of order shall have the right of appeal to the membership from the decision of the Chair. 37 Constitution and By-Laws IATSE Local 28 - June 2013 V - 16. If a member shall feel that he/she is personally aggrieved by any decision of the Chair, he/she may appeal to the Local for decision. When appeal is made from a decision of the Chair, said appeal shall be made in these words: "Shall the decision of the Chair be sustained as the decision of this meeting?" The member calling for the appeal will then have the right to state the grounds of his/her appeal, followed by the Chair who will give the reasons for his/her decision. Thereupon the Local shall proceed to vote on the appeal without further debate. V - 17. The Presiding officer shall not speak on any subject except points of order and appeals from the decision of the chair. He/she shall not make or second any motion, nor shall he/she vote on any question or motion before the Local except in the case of a tie and then he/she shall have the deciding vote. V - 18. On the occasion of the report of any committee being presented, the presiding officer shall say: "If there be no objection, the report shall be accepted." The same rule shall apply to the adoption of the minutes and all other formal questions, at the discretion of the presiding officer. V - 19. In presenting a motion, a brief statement of its merits shall be admitted until the motion is stated by the Chair. The author of any resolution or proposed amendment to the Constitution or by-laws shall be allowed to speak to any amendment proposed from the floor and, in any case, shall be allowed to speak prior to a vote on the resolution or proposed amendment. V - 20. This Local shall have the power to go into executive session, or to go into a committee of the whole, or to consider informally any matter brought before it, at all times. V - 21. No alcoholic beverages shall be allowed in the meeting hall of this Local while the meeting is in session. V - 22. No suspension of these special rules of order shall be allowed unless so ordered by a two-thirds (2/3) vote of those members present. 38 Constitution and By-Laws IATSE Local 28 - June 2013 APPENDIX A -- PLEDGES OF STAGEHANDS LOCAL 28 Obligation of Candidates for Membership I (state your full name), do solemnly pledge my word of honor, to abide by the Constitution and by-laws of Local 28 and the Constitution and by-laws of the International Alliance. I further affirm that I will obey the mandates of the A.F.L.-C.I.O.-C.L.C., so long as the International Alliance be a part of those organizations. The will of the majority, I shall always abide by. I will use every honorable means, to secure employment for the members of this Local in preference to non-members. Also, I pledge to keep confidential the work of this body, and to do all in my power to discourage and prevent violation of this requirement by fellow members. Should I fail to keep true this, my solemn obligation, I shall willingly submit to such discipline as my lack of loyalty may bring upon me. Membership Pledge I, , as a condition of my membership in Local No. 28 and in the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, do solemnly pledge myself to accept and abide by the provisions of the Constitution and by-laws of this Local and of the Alliance, as now in force and as hereafter legally amended, and hereby express my consent to be governed thereby in the conduct of my trade and in my relationship with this Local and the Alliance. I solemnly pledge myself not to first resort to legal proceedings against this Local and the Alliance for any grievance, but first to seek my remedies within this Local and the Alliance, before resorting to any other tribunals. Installation of Officers I (state your full name), do hereby pledge my word of honor to perform the duties of my office as set forth in the Constitution and by-laws of this Local to the best of my ability and to bear true allegiance to the International Alliance. At the close of my official term, I solemnly promise that I shall deliver to my successor in office all books, paper and property of this Local and of the International Alliance which may be in my possession. To these promises I pledge you my word, fully realizing that to violate this pledge is to stamp me a person unworthy of trust. (Installing Officer): You have obligated yourself to faithfully and to the best of your ability discharge the duties of your office. You will now proceed to your station and perform the duties of that office and so conduct yourself as to be worthy of the trust reposed in you. 39 Constitution and By-Laws IATSE Local 28 - June 2013 APPENDIX B -- SAMPLE RESOLUTION FORM I.A.T.S.E. LOCAL 28 -- STAGEHANDS UNION INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS CANADA OF THE UNITED STATES, ITS TERRITORIES RESOLUTION No: RESOLUTION: TO THE OFFICERS AND MEMBERS OF I.A.T.S.E. LOCAL 28 - STAGEHANDS UNION WHEREAS; AND WHEREAS; THEREFORE BE IT RESOLVED THAT; Respectfully submitted, Signature: Date: 40 AND