BYLAWS
LOCAL NO. 72
BROTHERHOOD OF RAILROAD SIGNALMEN
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BYLAWS
LOCAL NO. 72
BROTHERHOOD OF RAILROAD SIGNALMEN
| INDEX
(by Articles)
Please use your BACK button to return to this Index ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE I Section 1. This Local Lodge shall be known as the Glenn Holmes Sr. Local No. 72 of the Brotherhood of Railroad Signalmen. Section 2. All business of this Local shall be transacted in accordance with the Constitution of the Brotherhood of Railroad Signalmen and these Bylaws. Section 3. Subject to Section 5 of Article II of the Constitution of the Brotherhood of Railroad Signalmen, the jurisdiction of this Local shall extend over the Western and Eastern Districts of the Missouri Pacific Railroad, except the former Chicago and Eastern Illinois Railroad. ARTICLE II Section 1. The regular meetings of this Local Lodge shall be held as follows: (a) Area One shall include rail lines from Omaha, Nebraska to Wagoner, Oklahoma. Those lines include the Fall City Subdivision, Kansas City Subdivision, and railroad facilities in metropolitan Kansas City, Wichita Brand and part of the Coffeyville Subdivision. Kansas City, Missouri is established as a meeting place for Area One. (b) Area Two shall include lines from St Louis, Missouri to Walnut Ridge, Arkansas. Those lines include metropolitan St Louis, the Desoto Subdivision, the Chester Subdivision, and part of the Hoxie Subdivision, Chester, Illinois is established as a meeting place for Area Two. © Area Three shall include rail lines from Kansas City, Missouri to St Louis, Missouri. Those lines include the Sedalia Subdivision, River Subdivision, and the Sedalia Signal Shops. Sedalia, Missouri is established as a meeting place for Area Three. (d) Area Four shall include rail lines from Wagoner, Oklahoma to North Little Rock, Arkansas; from Walnut Ridge, Arkansas to North Little Rock, Arkansas; from Memphis, Tennessee to Bald Knob, Arkansas; from North Little Rock, Arkansas to Texarkana, Arkansas; from North Little Rock, Arkansas to Alexandria, Louisiana. Those lines include a part of the Coffeyville Subdivision, a part of the Hoxie Subdivision, the Wynne Subdivision, the Memphis Subdivision, The Rock Subdivision, and the Monroe Subdivision. North Little Rock, Arkansas is established as a meeting place for Area Four. Meetings for the above Areas will be as follows: Area One the first quarter, Area Two the second quarter, Area Three the third quarter, and Area Four the fourth quarter. Section 2 (a) The month, the hour, date and location of the meetings at each of the designated cities shall be determined by the membership of the area in which the meeting is to be held, to suit the convenience of the members of that area and may be changed by a majority vote of the members in attendance of any meeting. (b) General business of this Local Lodge shall be considered legal and effective upon receiving a majority of the votes of the members present at a meeting. No action shall be taken to deny or delay payment of current bills such as per-capita tax to Grand Lodge and the General Committee, assessments to Grand Lodge and the General Committee, hall rental, bills for supplies and postage, and other approved business expenses. Bills shall be paid at the time presented. Section 3. No business of this Local Lodge shall be transacted at any regular or special meeting without a quorum present. A quorum shall be five (5) members. Visiting members in good standing may be included to complete such quorum only for the purpose of initiating new members. These quorum requirements shall not act to prohibit the election of officers as required by the Unites\d States Labor-Management Reporting and Disclosure Act. Special meetings
(1) By the Local President when he deems such action necessary. (2) By the Recording Secretary in the absence or incapacity of the Local President. (3) At the written request of at least five members in good standing. A notice in due form of every special meeting shall be forwarded to each member in good standing by the Recording Secretary at least fifteen days before date of such meeting. Such notices shall state the time, place and purpose of meeting and only such business shall be transacted as has been stated in the notice thereof. Section 5. All meetings of the Local shall be opened and closed by the Local President strictly in accordance with the ritual and the meeting shall be conducted as far as practicable as outlined in these Bylaws and in accordance with Sections 63, 64 and 65 of Article II of the Constitution of the Brotherhood of Railroad Signalmen. Section 6. Any question arising in conducting meetings of the Local Lodge not herein provided for shall be decided in accordance with the Constitution of the Brotherhood of Railroad Signalmen and the principles of parliamentary procedure as set forth in Robert’s Rules of Order. Proxy Voting
ARTICLE III Section 1. The officers of this Local Lodge shall be knows as the Local President, First Local Vice President, Second Local Vice President, Recording Secretary, Financial Secretary, and a Local Board of Trustees consisting of three members. A Sergeant-at-Arms and a Chaplain will be appointed at each meeting by the presiding officer. Section 2. The officers of the Local shall be elected in accordance with Sections 16, 17, 18, 19 and 20 of Article II of the Constitution of the Brotherhood of Railroad Signalmen and Article IV of these Bylaws. Section 3. The duties of the officers of this Local shall be as set forth in Sections 22 through 45 and 48 through 56 inclusive of Article II of the Constitution of the Brotherhood of Railroad Signalmen and these Bylaws. Section 4. In addition to the duties prescribed for the Local
Board of Trustees in the Constitution of the Brotherhood of Railroad Signalmen,
the Board of Trustees each year shall review the account of this Local,
see that the funds are being received to properly run the business of the
Local at its next regular meeting; to review any corrections, additions,
or deletions they feel are necessary; and they shall make a complete report
of the finances of the Local at such meeting. Within ten (10) days
following such meeting of the Board of Trustees, the Trustees shall make
a report to the Financial Secretary, with a copy to the Local President
of the books of the Local, records and accounts and any recommendations
it feels are needed to correct, improve or simplify the work of the Financial
Secretary.
ARTICLE IV Elections
Elections
NOTE: All elections under this Article, including Local Vice Local Chairmen must be by secret ballot, except where a candidate for office is unopposed. Section 1. The regular triennial nomination and election of officers of Local 72 and the Local and Vice Local Chairmen shall be held between April 1 and October 15 of the election year. Nominations for Local Lodge Officers shall be made at any regular or special meeting of the Local provided at least thirty (30) days’ written notice is given each member by the Recording Secretary, advising him that the nomination for Local Lodge Officers will take place at that meeting. Any member who cannot attend the meeting may nominate the candidate of his choice for Local Lodge Officers by writing the Recording Secretary of the Local Lodge and advising him of the names of his choice for nominees. Any such nomination must be in writing and mailed to the Recording Secretary. The Recording Secretary shall stipulate in the nomination notice the last date for receipt of the nominations which may be mailed in by the member who cannot attend the meeting. (This Section 1 shall be a part of the written notice given each member by the Recording Secretary, advising the members that the nominating meeting is to be held). Section 2. The elections for Local Lodge Officers and Local Grievance Committeemen will take place at any regular or special meetings of the Local, provided at least thirty (30) days’ written notice is mailed to each member at the member’s last know home address, advising him that the election will take place at the meeting. If a member cannot be present at the election meeting, he may request the Recording Secretary to furnish him an official election ballot which will list the names of all nominees for Local Lodge Officers and Local and Vice Local Chairman, and the date by which it must be returned. The member may than mark his ballot and enclose it in a plain ballot envelope and return it to the Recording Secretary in an envelope on which he has placed his name and return address, for counting at the election meeting. Where there are two or more nominees for a position, the member, if he so desires, may mark his ballot for the candidate of his choice in preferential order which will permit his vote to count incase of a tie or a run-off election at the meeting. All elections for Local Lodge Officers shall be at the officially designated election meeting. Write-in votes and voting by proxy shall not be permitted. (This Section 2 shall be a part of the written notice given each member by the Recording Secretary, notifying the members that the election meeting is to be held). Section 3. Before the election the Local President shall appoint two tellers who shall receive and count the votes, the Recording Secretary keeping tally and announcing the result to the members. Section 4. When nominations for any particular office have been properly closed, additional nominations for that office shall not be considered. Section 5. Members in good standing shall be entitled to one vote for each office and a majority of the votes cast shall be required for election to any office. Section 6. Where there are more than two candidates nominated for the same office and none of them receives a majority of the votes cast, a secret ballot will be promptly issued with the names of the two candidates who received the highest number of votes cast In the first ballot, and the candidate receiving the majority of votes cast in the second ballot will be elected. In the event that more than two candidates tie for the highest number of votes cast on the first ballot, only the names of those candidates who tied for the highest number of votes cast will be placed on the next ballot. All elections will be by secret ballot, except where a candidate is unopposed for an office. Section 7. All duly elected officers and Local and Vice Local Chairmen shall be installed by a Grand Lodge Officer, General Chairman, General Secretary-Treasurer, or Chaplain at the meeting in which the election results are announced. Following their installation they shall assume the duties of their respective offices in accordance with the provisions of Article II, Section 14 of the Constitution of the Brotherhood of Railroad Signalmen. Elections
Section 8. The Local Lodge shall determine by a majority vote of the members present at a regular meeting(s) whether it desires to be represented at the Convention, and whether it will send one, two or more delegates. (The Local is entitled to be represented at any Convention by two delegates for the first fifty members, and one additional delegate for each additional fifty members or majority fraction thereof). If the Local Lodge decides to be represented at the Convention, it shall then proceed with the nomination and election of delegates and alternates. The nominations shall be for delegates and alternates for as specific position. Nominations for delegates and alternates will be made at any regular or special meeting of the Local provided at least thirty (30) days’ written notice is mailed to each member at the member’s last known address by the Recording Secretary, advising that the nominations for delegates and alternates will take place at that meeting. Any member who cannot attend the meeting may nominate delegates and alternates by writing the Recording Secretary of this Local Lodge, advising him of the names of his choice for nominees for delegates and alternates. The Recording Secretary shall stipulate in the regular delegates and alternates nomination notice the last day for receipt of the nomination which may be mailed in by the member who cannot attend the meeting. (This Section 8 shall be a part of the written notice given each member by the Recording Secretary, advising the members that nominations for delegates and alternates will take place at the announced meeting). Section 9. The election of delegates and alternates will take place at any regular or special meeting of the Local provided at least thirty (30) days’ written notice is mailed to each member at the member’s last known address advising him that the elections will take place at the meeting. If a member, or group of members cannot be present at the election meeting, they may request in writing and signed by each member that the Recording Secretary furnish him or them, an official election ballot which will list the names of all nominees for delegates and alternates and the date by which it must be returned. The member may then mark his ballot, enclose it in a plain ballot envelope and return it to the Recording Secretary in an envelope on which he has placed his return address, for counting at the election meeting. Where there are two or more nominees for a position, the member, if he so desires, may mark his ballot for the candidate of his choice in a preferential order which will permit his vote to count in case of a tie or run-off election at the meeting. (This Section 9 shall be a part of the written notice given each member by the Recording Secretary, notifying the members that the election meeting for electing delegates and alternates is to be held). Section 10. All elections for delegates and alternates shall be by a secret ballot at the officially designated election meeting. When there is only one nominee for each delegate or alternate, a secret ballot will not be required for election. Section 11. Where there are more than two candidates nominated for the same delegate or alternate position, and none of them receives a majority of the votes cast, a secret ballot will be promptly issued with the names of the two candidates who received the highest number of votes cast in the first ballot, and the candidate receiving the majority of votes cast in the second ballot will be elected. If more than two candidates tie for the highest number of votes cast on the first ballot or any subsequent ballot, only the names of those candidates who tied for the highest number of votes cast will be placed on the next ballot. Section 12. Alternates shall be elected at the same time and in the same manner as delegates. The election procedure will stipulate the alternate to be elected for each delegate. The alternate chosen for a particular delegate position may represent the Local if that delegate fails to attend the Convention. In the event a regularly elected delegate or his alternate is unable to attend the Convention, the Local Lodge may fill the vacancy at any regular or special meeting prior to the Convention. Such election, when necessary, will be by secret ballot. Section 13. When nominations for delegates and alternates have been properly closed, additional nominations shall not be considered. Where a candidate is unopposed, a secret ballot shall not be required to be taken. Write-in votes and voting by proxy shall not be permitted in the election. Elections
Section 14. Any member, who has not retired, who at the time of his nomination has been in continuous good standing for the entire past two years and has actually worked under a Brotherhood of Railroad Signalmen Agreement for at least tow years, shall be eligible to serve as an Officer, a Delegate, or Alternate. Time during which a member held a withdrawal card shall not be used in accumulating the tow years nor shall it be considered as having interrupted the continuity of his good standing. No member shall be eligible to hold an office in the Local Lodge while at the same time holding office in any other labor organization not affiliated with the Brotherhood of Railroad Signalmen. No member shall hold at the same time two elective offices. This provision, however, shall not be construed to prevent a member from serving as a delegate, an alternate, or on committees. Elections
Section 15. An issue may be referred to the Local membership by secret mail ballot, provided the issue has been considered at a regularly stated meeting, and provided the conditions set fort in Article II, Section 2 of these Bylaws are met. Such Referendum Elections shall be by secret ballot referendum to all members in good standing. Ballots shall specify the closing date for receiving ballots and that a majority of the ballots returned by the membership shall decide the question. Section 16. The Recording Secretary of this Local shall preserve
all nomination and election ballots, credentials, and all other records
pertaining to the election of officers, committees, delegates and alternates
to the Convention of the Brotherhood, and referendum ballots, for a period
of one (1) year.
ARTICLE V Term of Office - Vacancies - Salaries and Expenses Section 1. Local Lodge Officers shall be elected triennially by secret ballot and serve for three years. Their terms of office will begin on November 1 of the election year. In the event an office is vacated, the Local President shall within five days appoint a successor and notify the General Chairman and the President of Grand Lodge of the appointment. In the event the vacancy is in the position of Local President, the First Local Vice President shall fill the unexpired term. Section 2. This Local Lodge shall not be liable for any claim for any salary, compensation, remuneration, or expenses other than that as provided for herein. Section 3. The Local President, the Financial Secretary, and the Recording Secretary shall be required, when possible to do so, to attend all meetings of this Local, and shall be compensated for attending the meetings, other than those held nearest his place of residence, to the extent of the prevailing pro rata rate of pay of his railroad position for (8) hours and actual necessary expenses for traveling, lodging and meals, when itemized and sent to the Financial Secretary. The quarterly dues of the Local President, Financial Secretary and Recording Secretary shall be paid by the Local. The salary of the Financial Secretary shall be $395.00 per month, also $125.00 per month will be allotted for office expense, telephone line & internet. Trustees will review the salary yearly, and take action as deemed necessary. Section 4. Members of the Board of Trustees and members serving on committees will be compensated while involved in work for this Local to the extent of reimbursement for time lost from their regular railroad positions at their prevailing pro rata rate of pay for eight (8) hours each day so used and actual necessary expenses for traveling, meals and lodging when itemized and sent to the Financial Secretary. Such officers, trustees, or members will not be allowed to exceed twenty (25) cents per mile for the use of their automobiles as full allowance for such use. No liability for the use of such automobile, except paying of mileage, shall be assessed against or assumed by this Local Lodge, Grand Lodge, or any of the officers and members of this Local Lodge. This mileage allowance will be reviewed by the Financial Secretary in January and July of each year and may be adjusted by him to keep the allowance fair with current cost. Section 5. Local Officers, Committeemen and members of the Local
Grievance Committee shall be furnished stationery supplies, postage and
office equipment by the Financial Secretary.
ARTICLE VI Local Grievance Committee - Claims and Grievances Section 1. The Local Lodge shall have the number of Local Chairmen as provided for in Section 3 of Article I of the General Committee Bylaws. Each Local Chairman will serve a designated region. Any member who, at the time of his nomination, has been in good standing for the entire past two years and a member who has been furloughed and granted a withdrawal card, but who has later resumed work and deposited his withdrawal card, shall be considered eligible for election to a Local Grievance Committee. No member shall be eligible for election to the Local Chairman while holding office in any other labor organization, or to serve on a grievance committee of the Local Lodge while his is not a member. Section 2. The Local And Vice Local Chairman shall be elected triennially by secret ballot and serve for three years, or until their successors have been elected. Local and Vice Local Chairmen will be elected to serve the region in which they reside and will be elected by members who reside in that region. Their term of office will begin immediately following their election/ In the event an office of Local or Vice Local Chairman is vacated, the Local President shall within five days appoint a successor from the region of jurisdiction which is vacated and notify the General Chairman and President of Grand Lodge of the appointment. Section 3. Any violation of the working agreement shall constitute grounds for the filing of a claim or grievance and must be handled in accordance with the current working agreement rules. Section 4. When in the judgment of a Local Chairman of this Local, it is necessary, a member or members may be required to submit his or their claim or grievance in writing to the Local Chairman. If the Local Chairman is in doubt as to the validity of a claim or grievance, he will immediately counsel with the General Chairman and if still in doubt as to the validity, shall secure authority from this Local at a regular meeting before refusing to handle the claim or grievance. Where the time limit rules are involved and time is short, he shall take proper action to protect the claim or grievance while his doubt is being satisfied. Section 5. If any member of this Local observes a violation of the working agreement, or what he feels is a violation of the working agreement, he will call it to the attention of the Local Chairman or a member of a Local Grievance Committee. The Local Chairman shall call it to the attention of the proper officer of the carrier, and if such officer of the carrier does not correct the violation, then the Local Chairman shall immediately file a claim or grievance or both with the proper officer of the carrier. Every honorable means shall be employed to effect a satisfactory settlement. Section 6. When a Local Chairman fails to satisfactorily adjust any grievance referred to him, he shall forward all papers and correspondence concerning the grievance to the General Chairman. Upon receipt of same he shall, with such assistance as may be required from the General Committee, or General Committee member, exert every effort and employ every honorable means to satisfactorily adjust such grievance. Section 7. No Local Chairman or member shall enter into any written or verbal understanding or agreement with any official of the carrier with respect to the interpretation and application of the working agreement rules. Section 8. In handling claims and grievances necessitating appeal or higher action, the Local Chairman shall be governed by the time limit rules of the working agreement and the Bylaws of the General Committee. ARTICLE VII Section 1. All funds of this Local shall be deposited and held in an insured bank which has been approved by the Board of Trustees. Such funds shall not be transferred from one bank to another without the approval of the Board of Trustees. Section 2. Dues shall be paid in advance of their due date, either directly to the Financial Secretary or through payroll deduction. Dues may be paid either quarterly or yearly. The dues of this Local will be an amount equal to the sum of the following: Grand Lodge per-capita tax, General Committee per-capita tax, and 1.0 hours at the Signal-Mechanic rate of pay to the Local Lodge. Subsequent adjustments, either upward or downward in the Signal-Mechanic rate of pay, will automatically result in corresponding adjustment in the Local Lodge dues. Section 3. Initiation fees for membership in this Local shall be $80.00 except that persons whose entry rate is signalman-mechanic or above shall be $280.00. Initiation fees are payable to the Financial Secretary. Section 4. A member whose dues have not been paid on or before the end of the first calendar month of each quarter shall be in violation of the Union Shop Agreement, the Constitution of the Brotherhood of Railroad Signalmen, and these Bylaws and action may be taken to terminate his service with the Carrier. Section 5. A member is responsible for all dues remitted until he receives a receipt from the Financial Secretary. Only the Financial Secretary is permitted to receipt members for dues, assessments or initiation fees due and payable to this Local. Section 6. Assessments are payable on the date specified by Grand Lodge, the General Committee or this Local. If not paid within the time limit specified, such assessments shall be payable on demand upon written notice from the Financial Secretary. A member refusing or failing to pay his assessment within ten (10) calendar days following demand notice from the Financial Secretary shall be deemed in violation of the Union Shop Agreement, the Constitution and these Bylaws and termination of service notice (US-2) shall be filed with the General Chairman by the Financial Secretary, with a copy to the Recording Secretary. Section 7. If at any time the funds of this Local are found to be insufficient to defray the cost of operating the Local, the Local President will, after counsel with the Board of Trustees, submit to the membership for a referendum vote by secret mail ballot, and by a majority vote thereof my direct the Recording Secretary to issue notice of special assessment to the membership advising the amount of the assessment and the deadline for payment of the assessment. Section 8. All monies paid into the Local treasury which have not been specifically designated or set aside for other funds, shall constitute the general fund of this Local. At no time shall the money of one fund be diverted to the use of another fund without the consent of the Board of Trustees. ARTICLE VIII Special Cards, Withdrawal, Dues-Exempt Section 1. A withdrawal card shall be issued by the Financial Secretary to any member leaving the service, or who accepts an excepted position, provided he is in good standing and upon request at the time he leaves the service of the railroad or accepts an excepted position. Section 2. Upon request to the Financial Secretary, dues exemption shall be granted at the end of each quarter to a member in good standing with this Local whose assessments and dues are fully paid (or are known to have been deducted) to the end of the calendar month in which he last worked when he is incapacitated due to illness or injury for one or more calendar months. Section 3. Members holding either a withdrawal card or dues-exempt card will deposit same with the Financial Secretary of this Local upon their return to railroad service and commence paying dues in accordance with the provisions of the Constitution of the Brotherhood of Railroad Signalmen. ARTICLE IX Section 1. At all regular meetings it shall be the duty of the Financial Secretary to read the names of all members not in good standing, and the Recording Secretary shall record the names submitted by the Financial Secretary. Section 2. Within one week (seven (7) days) from the end of the first month in each quarter, the Financial Secretary shall furnish to the General Chairman, with a copy to the Local Chairman of the region where the member is working, a termination of service notice (US-2) for any member in the Signal Department who has failed to maintain membership in the Brotherhood. Section 3. All termination of service notices (US-2) shall be made on a form prescribed for that purpose. Section 4. When a termination of service notice (US-3) has been served on the Carrier for any member by the General Chairman, the remittance of any money to the Financial Secretary by the member will not be accepted or the member otherwise placed in good standing without the consent of the General Chairman, and such remittance to the Financial Secretary shall in no way preclude the General Chairman from proceeding with the hearings and action he deems necessary. Section 5. Only the General Chairman or a member designated by General Chairman to act in his capacity shall be authorized to serve Termination of Service (US-3) notices on the Carrier for violations of the Union Shop Agreement and only the General Chairman or his delegated representative shall be authorized to withdraw notices which have been served on the Carrier. Section 6. This Local will in no way be liable for any time lost from railroad positions, salaries or expenses incurred by any member or employee of the Signal Department for whom Termination of Service notices have been served. ARTICLE X Section 1. Any proposed amendments to these Bylaws, except amendments dealing with changes in rate of dues, initiation fees, and Local assessments shall be read at a regular stated meeting and shall be held over until the next regular stated meeting before action to amend is taken. A majority of the votes cast shall secure passage of any amendment of these Bylaws, except as set forth in Section 2 of this Article. Section 2. Amendments of these Bylaws which deal with rate of dues, initiation fees, or assessments by this Local, shall be by secret mail ballot referendum to all members of good standing. Ballots shall specify the closing date for receiving ballots and that a majority of the ballots returned by the membership shall decide the question. ARTICLE XI Section 1. Any references to gender contained in these Bylaws are understood to include both the masculine and feminine genders. Section 2. It is the policy of the Brotherhood of Railroad Signalmen to support its members in declining to work when another railway labor organization is on st4rike. When a strike exists, a member should decline to work until pickets have been removed and the strike is over. Section 3. It is also the policy of the Brotherhood of Railroad Signalmen that where a strike has been called and pickets established at any location on the Carrier’s property, a picket line exists from one end of the railroad to the other end and no member should pass an imaginary picket line out of principle. Section 4. It is the further policy of the Brotherhood of Railroad Signalmen that the right to decline to work during a strike of another labor organization is a part of the right of railroad employees, guaranteed by the Constitution of the United States, and the Railway Labor Act. The Brotherhood of Railroad Signalmen will support its members in the free exercise of these right. Section 5. It should also be understood that Section 30 of Article III of the Constitution makes the membership of Local 72 accountable for their actions during another labor organization’s legal strike. Each member in good standing shall receive a copy of these Bylaws and new members shall be furnished a copy after their application for membership has been approved by the Local and they have paid the necessary fees and dues. Section 6. These Bylaws shall become effective upon approval of the President of the Brotherhood of Railroad Signalmen. Any questions not covered herein shall be handled in accordance with the provisions of the Constitution of the Brotherhood of Railroad Signalmen. Section 7. This is to certify that the foregoing Bylaws were adopted by Local 72, Brotherhood of Railroad Signalmen on ____________________________ APPROVED:
SIGNED:
on March 12, 1999
Richard Messenger
(Signatures not reproduced) SEAL |