|S.P.B.A Constitution & Bylaws
We join together for the purpose of uniting all Special Patrolmen and Officers without regard to color, race, creed, or national origin and whose duties are to enforce against employees and other persons rules to protect the property of their employers, or to protect the safety of the persons on the premises of their employers, and for the protection of the interests of these Special Patrolmen and Officers and the promotion of their general welfare, this Union, the Special Patrolman Benevolent Association has been organized, having as one of its cardinal aims the desire to cultivate a spirit of harmony and understanding between special patrolmen and officers and their respective employers upon a basis of equity, justice and fair dealing.
ARTICLE I. NAME
Section 1: NAME. The name of this organization shall be SPECIAL PATROLMAN BENEVOLENT ASSOCIATION, hereinafter referred to as "this Union."
ARTICLE II. PURPOSE
The object of this Union, the Special Patrolman Benevolent Association shall be as follows:
(a) To operate as a non-profit employee-representative organization not for monetary gain.
(b) To promote the interest of Special Patrolmen and Officers and to safeguard the rights, individually and collectively, of the members of this Union.
(c) To establish and exercise the right of collective bargaining for the purpose of making and maintaining employment agreements covering wages, hours and conditions of employment and for other mutual aids of the members of this Union, and to settle promptly, disputes and grievances which may arise between members and their employers.
(d) And to develop a closer Union and more complete organization of all Special Patrolmen and Officers under its jurisdiction, and to maintain adequate compensation for their labor and general improvement of the conditions under which they work.
e) To do such other things, within legal limits, which will promote and protect the interest of this Union and its members.
ARTICLE III. DURATION AND DISSOLUTION
Section 1: DURATION. The duration of this Union shall be perpetual or until dissolved as provided for in Section 2 of this article.
Section 2: DISSOLUTION. This Union or any Affiliate Group may be dissolved at any time by two-thirds (2/3) majority vote of all members in good standing, excluding withdrawal members, at the time such vote is taken. Such vote shall be conducted by the Executive Board of this Union and in such a manner, time and place as may be prescribed by a majority of the members of the Executive Board. Upon dissolution any Affiliate Group will forward all files and records to the Vice-President of Finance within one hundred and twenty (120) days after dissolution.
Section 3: METHOD OF DISSOLUTION. In the event of a favorable vote for dissolution in accordance with the provision of Section 2 of this article, the Executive Board of this Union shall take immediate steps to liquidate all fixed assets of this Union by selling or otherwise disposing of all real and personal property and paying all outstanding obligations including expenses of liquidation. After payment of all obligation has been made, all remaining cash shall be distributed, prorate to all members in good standing, exclusive of withdrawal members, as of the date of the vote for dissolution.
ARTICLE IV. ORGANIZATION
This Union shall be organized in accordance with the following:
a) The Union, which shall be the parent or headquarters office;
b) Affiliates, which shall be individual groups of members employed by one or more employers.
ARTICLE V. JURISDICTION AND AFFILIATION
Section 1: JURISDICTION. The jurisdiction of this Union shall extend to all persons employed as Special Patrolmen, Officers and all persons assigned to protect the property of employers or property assigned to the care of the employer; to enforce the rules and regulations of an employer and to protect the safety of employees and persons on the premises of the employer and to uphold all penal laws pertaining to the jurisdiction of such employer. Such jurisdiction shall be limited to such persons permitted to become members of this Union under the provisions of the National Labor Relations Act, as amended, or under the provisions of the laws of the country in which the employee is working.
Section 2: AFFILIATION. In the event of change in existing laws to permit affiliation with Federated or Major Labor Organizations, such affiliation may be proposed at a General Meeting and can be approved only after a two-thirds (2/3) majority vote of the delegates/members present and voting at such meeting.
ARTICLE VI: MEMBERSHIP
Section 1: QUALIFICATIONS. Only such persons employed as described in Article V hereof, who are of good moral character and citizens of the country in which employed or under the legal jurisdiction of the home country of the employer or who have declared their intention to become such a citizen shall be eligible for membership in this Union.
Section 2: CHANGE IN QUALIFICATIONS. The Executive Board shall at all times have the power and authority to define or change the qualification for membership in this Union.
Section 3: NONDISCRIMINATION. No Union shall exclude or expel from membership or otherwise discriminate against any individual, or cause any employer to discriminate against any individual, because of his race, color, religion, sex, age or national origin, nor limit, segregate or classify its membership, or classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment because of such individual's race, color, religion, sex, age or national origin.
Section 4: RESTRICTIONS. No person who has been convicted of or served any part of a prison term resulting from his conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or a violation of title II or III of the LMRDA of 1959 or conspiracy to commit such crimes, shall serve
... as an officer, director, trustee, member of any Executive Board or similar governing body, business agent, manager, organizer, or any other employee (other than as an employee performing exclusively clerical or custodial duties) of any labor organization
...for five years after such conviction, or after the end of such imprisonment, unless prior to the end of such five-year period, in the case of a person so convicted or imprisoned, (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the Board of Parole of the United States Department of Justice determines that such person's service in any capacity referred to [above] would not be contrary to the purposes of this Act...No labor organization or officer thereof shall knowingly permit any person to assume or hold any office or paid position in violation of the [Provision]...
...for the purpose of this [provision] any person shall be deemed to have been "convicted" from the date of the final sustaining of such judgement on appeal, whichever is the later event, regardless of whether such conviction occurred before or after the date of the enactment of this Act.
(It should be noted.) Some courts have held that the phrase "period of imprisonment" includes not only the period of actual confinement in prison but also any period of parole. The Board of Parole has held, however, that "Imprisonment" refers only to the period of actual confinement, in prison. A labor organization may within reasonable limits adopt stricter standards than those contained in section 504(a) by extending the period beyond five years or by barring from office persons who have been convicted of crimes other than those specified.
The following guidelines should be adhered to:
a) Reasonable opportunity for nominating candidates must be provided.
b) Reasonable notice must be provided of offices to be filled and of time, place, and proper form for submitting nominations.
c) Notice may be by mail, timely publication in the union newspaper, or other effective means.
d) All members in good standing may be candidates and hold office, subject to the restrictions of section 504(a) of the act and to reasonable qualifications uniformly imposed.
In general, persons convicted of crimes listed in section 504(a) of the act may not hold office for five years after conviction if there was no imprisonment.
Section 5: EXPULSION. The Executive Board shall have full power and authority to issue any order to prevent any person from becoming a member, expel from membership or remove from office any person who is found to be in violation of Section 4 of this Article.
Section 6: OATH. A member accepted into membership into any Affiliated Group of this Union shall subscribe to the following affirmation:
I, , do solemnly promise that in consideration of being admitted into membership of this Union, I will fully and faithfully carry out the duties and obligations imposed upon me by the Constitution and By-laws of the of the Special Patrolman Benevolent Association of which I am a member. I further promise that I will at all times act as a true Union member and be faithful to the obligations, duties and requirements of such a Union member. That I will aid my fellow members and fellow unionists in the attainment of the ideals of true trade unionism in every honorable and legal manner and that I will obey and follow the lawful directions and orders of the officers of this Union.
ARTICLE VII: OFFICERS AND EXECUTIVE BOARD
Section 1: NUMBERS AND TITLES. The officers of this Union shall consist of a President, Vice-President of Administration, Vice-President of Finance, Business Agent, one Trustee for each Affiliate Group. The Senior Trustee shall be the one with the most seniority in terms of membership in the Special Patrolman Benevolent Association. At each General Meeting the Executive Board will also appoint a Sergeant-at-arms. (If the Union wishes not to elect a Business Agent then, the President shall perform the duties listed for the office of Business Agent.)
Section 2: OFFICERS AND METHOD OF ELECTION: The Officers shall be nominated at a regular election. The term of office shall be three (3) years unless removed for cause or until their successors are elected and installed with the exception of the Trustees and Sergeant-at-Arms who will be appointed by the Executive Board. The President, Vice-President of Administration, Vice-President of Finance and Business Agent of this Union shall be elected by secret ballot at a general election (2/3) majority vote of the voting strength represented at such election. In case no candidate receives the majority vote, the candidate with the least number of votes will be stricken from the ballot and the process will be repeated until one candidate receives a majority vote.
The Sergeant-at-Arms and Trustees will be appointed by the Executive Board and the Trustees will come from the Affiliate Groups.
Section 3: PROTEST OF NOMINATION AND ELECTION
a) Any member who desires to protest or challenge a ruling on eligibility to run for office shall appeal in writing, within forty-eight (48) hours to the President. The President shall decide such appeal. If the decision is not satisfactory and further is appeal desired, the appeal shall be to the Executive Board within seven (7) days after the decision of the President. If the decision of the Executive Board is not satisfactory and further appeal is desired, appeal may be made to the General Meeting at the next regular session.
b) Protest of election shall be handled in the same manner as in Section 4(a) above.
Section 4: DUTIES OF THE PRESIDENT
a) EXECUTIVE POWERS. It shall be the duty of the President to preside at all meetings of this Union and its Executive Board and conduct same in accordance with this Constitution and By-laws and parliamentary procedures as outlined in Roberts Rules of Order (revised); to execute the laws and orders thereof; to vote on all questions where it is necessary to a choice; to appoint all committees, unless otherwise provided for, of which committee he shall be ex-officio, a member (except an election or nominating committee in which he is or will be a candidate). He shall jointly sign all vouchers for the Vice-President of Finance. He shall not hold more than the amount authorized by the Executive Board in his possession to meet the immediate demands of the Union. He shall submit his books and receipts to the Board of Trustees for their audit and approval when called upon to do so, and at the expiration of his official term of office shall turn over to his successor, all monies and property of the Union that may be in his possession. He shall execute and file all forms and records (such as LM reports and forms required by State, Local and Federal agencies) required. He shall issue all membership cards. He shall have other duties and powers as may normally be exercised by one in such Executive Office except as limited by the Constitution and By-laws of this Union and the Executive Board.
b) JUDICIAL POWERS. The President shall decide all points of law or grievances submitted to him by Affiliate Groups subject to appeal to the Executive Board, or the next General Meeting, He shall govern his decisions in all such instances in accordance with the provisions of the Constitution and By-laws of this Union,and the existing bargaining agreement between the Group and the Employer affected. Any member or group adversely affected by a decision of the President shall be allowed thirty (30) days to appeal such decision in writing to the Executive Board by registered or certified mail. The Executive Board shall have sixty (60) days to render a decision. If no appeal is requested or the decision of the President is upheld after the appeal, the ruling of the President becomes final and binding. Failure to adhere to the terms of the ruling shall subject the individual or organization to disciplinary action.
c) ADMINISTRATIVE POWER. The President shall sign all memberships and other official documents of this Union. During periods between General Meetings and sessions of the Executive Board he shall conduct the affairs of this Union and shall have the authority to examine all books and records of any group. He shall have authority to draw vouchers on the Treasury for such sums of money as his activities may require provided that such activities are not in violation of Item (d) of Section 4 of this Article. He shall have authority to approve or reject any voucher submitted to the Vice-President of Finance for payment. Vouchers rejected by him may be appealed to the Executive Board.
d) LIMITATION OF POWERS. The President shall limit his activities to his headquarters office and shall not encroach upon the jurisdiction of any except as outlined before in this Section.
e) SALARY AND EXPENSES. The President shall be paid an hourly, weekly, or monthly salary which shall be set by the Executive Board. The salary shall be paid out of the General Fund of this Union. All travel, lodging and meals involved in the performance of authorized duties assigned by the Executive Board shall be paid out of the General Fund of this Union. All legitimate expenses, except salary, involved in the performance of duties requested by the Vice-Presidents and Executive Board shall be assumed by the Union. (Provisions of the LMRDA where applicable shall apply to this section.) If, in the opinion of the Trustees, unnecessary or exorbitant expenses have been paid out on a voucher, the Trustees shall have the power to deny payment or demand a refund of such illegal expenses. This shall apply to expense vouchers of any officer or member collecting expenses from this Union.
f) ADVISORY DUTIES. The President shall at all times exercise complete supervision over all Groups and the Officers thereof. In the case of Affiliate Groups he shall, if he has reason to believe there has been wrongful operation on the part of the officers, endeavor to obtain all facts and submit them to all members of the Executive Board, in writing, together with his recommendation of action necessary and await advice before taking any disciplinary action.
g) TERM OF OFFICE. Three (3) years unless removed in accordance with the provisions set forth in Article XIV of the Constitution and By-laws or unless such officer resigns.
h) WHEN THE PRESIDENT MAY BE PLACED ON A FULL TIME BASIS. When the Union’s treasury can support the placing of the President of this Union on a full time basis, it can be done with approval of a two-third (2/3) majority of all the members/delegates at a General Meeting present and voting.
i) FILLING VACANCIES IN THE OFFICE. In the event of a vacancy in the office the President shall have the authority to appoint a member to the vacant office until an election. This shall be done within thirty (30) calendar days after the vacancy occurs. The President shall seek concurrence of the Executive Board on all appointments.
Section 5: DUTIES OF THE VICE-PRESIDENT OF ADMINISTRATION
a) PRIMARY DUTIES. A Vice-President of Administration shall by virtue of his office have the same duties and powers as the President has in respect to the Union.
b) OTHER DUTIES. A Vice-President shall perform such duties as may be empowered to him by the Constitution and By-laws of the Special Patrolman Benevolent Association, and such duties as may be assigned by the President or the Executive Board.
c) SALARY AND EXPENSES. The salary of a Vice-President of Administration shall be set by the Executive Board, and his expenses and salary shall be paid from the General Fund, subject to any limitations set by the Executive Board except as may otherwise be assumed by the headquarters office of this Union. Expenses of all Vice-Presidents attending a General Meeting or Executive Board Meeting shall be paid from the General Union Fund.
d) LOANED SERVICES. If, in the opinion of the Executive Board of this Union, a Vice-President may be of help or service for a limited time in another location, his salary and expenses shall be assumed by the headquarters office of this Union, if the duties assigned so require or permit.
e) RIGHT OF SUCCESSION. In the event of death, disability, resignation, disqualification, or any other reason which may prevent the President from performing his duties, such duties shall be assumed by the Vice-Presidents.
f) TERM OF OFFICE. Three (3) years unless removed in accordance with the provisions set forth in Article XIV of the Constitution and By-laws or unless such officer resigns.
g) WHEN THE VICE-PRESIDENT OF ADMINISTRATION MAY BE PLACED ON FULL TIME BASIS. When the Union's treasury can support the placing of the Vice-President of Administration on a full time basis it can be done only upon the approval of two-thirds (2/3) majority vote of all members/delegates at a General Meeting.
Section 6: DUTIES OF THE VICE-PRESIDENT OF FINANCE
a) PRIMARY DUTIES OF THE VICE-PRESIDENT OF FINANCE. The Vice-President of Finance shall keep and maintain a correct record of all members of all groups. The Vice-President of Finance shall record minutes of all meetings, conferences, and Executive Board meetings and make them available for inspection by the officers of this Union at all times. Any irregularities noted in any group shall be referred immediately to the President for proper action. The Vice-President of Finance shall receive all monies and shall deposit same in a bank or banks designated by the Executive Board. The Vice-President of Finance shall draw all checks or drafts against the proper funds for payment of all authorized salaries, expenses, and other bills upon receipt of a voucher signed by the President. The Vice-President of Finance shall keep an accurate record of all monies received, deposited and expended. The Vice-President of Finance shall have the financial books audited at the end of the fiscal year by a Certified Public Accountant and make a financial report to the Executive Board. Within three (3) months after the fiscal year a copy of the financial report shall be furnished to each Affiliate Group.
b) OTHER DUTIES. A Vice-President of Finance shall perform such duties as may be empowered to him by the Constitution and By-laws of the Special Patrolman Benevolent Association, and such duties as may be assigned by the President or the Executive Board.
c) SALARY AND EXPENSES. The salary and expenses of the Vice-President of Finance incurred in performance of his assigned duties shall be set by the Executive Board and paid out of the General Fund of this Union.
d) LOANED SERVICES. If, in the opinion of the Executive Board of this Union, a Vice-President of Finance may be of help or service for a limited time in another location, his salary and expenses shall be assumed by the headquarters office of this Union, if the duties assigned so require or permit
e) RELINQUISHING OFFICE. He shall turn over to his successor in office all books and records, monies, property and other belongings of this Union in his custody when ordered to do so by the Executive Board.
f) TERM OF OFFICE. Three (3) years unless removed in accordance with the provisions set forth in Article XIV of the Constitution and By-laws or unless such officer resigns.
g) WHEN THE VICE-PRESIDENT OF FINANCE MAY BE PLACED ON FULL TIME BASIS. When the Union's treasury can support the placing of the Vice-President of Finance on a full time basis it can be done only upon the approval of two-thirds (2/3) majority vote of all members/delegates at a General Meeting.
Section 7: DUTIES OF THE BUSINESS AGENT
a) It shall be the duty of the Business Agent to organize all unorganized workers within the jurisdiction of the Union. He shall adjust grievances of the members and look after the general business of the Union. He shall be chairman of the grievance committee. He shall assist the Vice-President of Finance in collecting monies due the Union.(When trustees are appointed by the Executive Board the Business Agent shall be chairman of the Trustee committee.)
b) SALARIES AND EXPENSES. The salaries and expenses of the Business Agent incurred in the performance of their assigned duties shall be set by the Executive Board and paid out of the General Union Fund.
c) TERM OF OFFICE. Three (3) years unless removed in accordance with the provisions set forth in Article XIV of the Constitution and By-laws or unless such officer resigns.
Section 8: DUTIES OF THE TRUSTEES
a) PRIMARY DUTIES. They shall examine the books and finances at any time when requested by the President, Vice-President of Finance or Executive Board. If, under the provisions of the bond covering the Vice-President of Finance, a periodic audit is required by a Certified or reputable accountant, such audit shall cover the provisions of this section. In the year of a General Meeting the Trustees, the President and the Vice-President of Finance shall meet one day prior to the opening date of such meeting and audit the records covering the period from the last certified audit to the day prior to the Meeting. The Trustees shall not be appointed to any committee during a General Meeting until examination of the Vice-President of Finance's books have been completed and his report has been prepared. The trustees shall represent all special patrolmen and officers at disciplinary hearings, to prepare a defense for such special patrolmen and officers, to be a part of the grievance committee and to help the Business Agent to prepare grievances. The Trustees shall make themselves available to represent the special patrolmen or officers at all times.
b) SALARIES AND EXPENSES. The salaries and expenses of the Trustees incurred in the performance of their assigned duties shall be set by the Executive Board and paid out of the General Union Fund.
c) TERM OF OFFICE. Three (3) years unless removed in accordance with the provisions set forth in Article XIV of the Constitution and By-laws or unless such officer resigns.
d) POSITION OF RANK. The position of rank of the Trustees shall be determined by the length of service as a Trustee. The one with the longest continuous service shall be the Senior Trustee. In the event that one or more were elected at the same time then the Senior Trustee shall be the one with the longest membership in the Special Patrolman Benevolent Association. In the event of a vacancy in the office of the Vice-President of Finance the Senior Trustee shall immediately succeed to that office until a new Vice-President of Finance shall be elected according to the provision for filling vacancies of an officer of this Union.
The Trustees shall be composed of one (1) Trustee for each Group. The Trustees shall see to it that all funds other than the amount specified in Section 4 above, are deposited in an approved financial institution. It shall be the further duty of the Trustees to supervise all funds, bonds, properties, securities and investments of this Union, subject to the instructions from this Union, to inform the financial institutions as to the proper signatures on checks issued by the Union. They shall audit the books of the Vice-President of Finance and report their findings on the same to the membership of the Union. They shall prepare and execute the bonds of the Union Officers with a licensed surety firm. It shall be their duty to recommend such measures as will safeguard the funds of this Union.
Section 9: DUTIES OF THE SERGEANT-AT-ARMS
a) PRIMARY DUTIES. A new Sergeant-at-arms will be appointed for each General Meeting. The Sergeant-at-Arms shall attend the door at the meetings of the Union, assist the President when called upon in preserving order, and perform such other duties as may pertain to his office or which the Union or the President may direct; allow no person to enter who is not a member in good standing or to retire from a meeting without permission from the Vice-President. (The President may authorize visitors with need to enter the meeting place.)
Section 10: ELIGIBILITY
a) In order to be eligible to hold office in this Union a candidate shall be a member in good standing with this Union and shall remain in good standing during his term of office. If any officer, during his term of office becomes ineligible because of not being in good standing, the office shall be declared vacant by the President.
b) A member in good standing is defined as a person who: (1) has fulfilled membership requirements of the Union, (2) has not withdrawn voluntarily, and (3) has not been expelled or suspended. If his dues are checked off and by his/her employer, his/her eligibility to vote as a member in good standing is not cancelled because the dues have not been received by the Union.
c) All nominations for Union Officers must be made in open meetings, and elections shall be by secret ballot.
d) Members for elective office in this Union must be nominated by a member in good standing. A second is not required.
e) Nominations for each respective office shall be closed when a call for further nominations has been made three (3) times by the chair without further nominations being made. No member may be a candidate for more than one (1) office at the same time.
f) It shall require a majority of votes cast for the office to elect. When there are two (2) or more candidates for one (1) office, neither of which received a majority on the first ballot, the two (2) receiving the larger number of votes shall be placed on a runoff ballot.
g) Before a vote is taken the President shall appoint three (3) tellers to collect and count the ballots in the presence of the members of this Union. The tellers shall announce the results.
h) Protest of Nomination and Election of Officers: Protest of nomination and election of this Union shall be as follows: (A) to the Executive Board, (B) to the President of this Union, and (C) to a General Meeting of this Union.
i) Oath of Obligation for Officers. I, (officer gives name), on my honor and upon assuming the duties of the office of (gives name of office) agree, as prescribed by the laws of this Union, to bear full and faithful allegiance to the Special Patrolman Benevolent Association. I further agree to perform all duties which are required of me by the Constitution and By-laws of the Union as well as the Laws of our City, State and Nation, during the term of my office. I further promise that I will deliver to my successor in office, all books, records and documents and all other property of this Union of any kind and nature which may be in my possession at the close of my official term. All of this I faithfully promise to my fellow officers and members of this Union.
j) All members in good standing of this Union shall have a right to vote in all elections of this Union. (see Item (b), Section 3 of this Article for definition of a member in good standing.) Each member shall be entitled to one (1) vote.
k) Absentee voting may be authorized by a majority vote of the membership of the Union in attendance of the regular meeting prior to the election. Only members who are approved at this meeting for reasons beyond their control or other prevailing factors will be allowed to vote absentee. All absentee ballots must be received before the closing of the polls. Absentee voting will be conducted with all proper safeguards and in accordance with the requirements of the LMRDA of 1959.
l) Each member of the Union shall be given a ballot not less than fifteen (15) days before the election.
m) The Union must elect officers at least once every three (3) years.
n) Election of Officers must be by secret ballot, and proper collection boxes should be provided for collection of ballots. (Secret ballot means the expression by ballot, voting machine, or otherwise but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such manner that the person expressing such choice cannot be identified with the choice expressed.)
o) It shall be the duties of the tellers to count the ballots in the presence of the membership and observers, and to report the same to the membership.
ARTICLE VIII: GRANTING MEMBERSHIP TO AFFILIATE GROUPS AND REVOCATION OR SUSPENSION
Section 1: ELIGIBILITY. Individual groups of eligible members in this Union may apply to the President for membership to form an Affiliate Group provided that there are no less than seven (7) members who have signed the application for such membership. The issuance of membership to such a group, or groups, shall be upon the recommendation of the Vice-Presidents, subject to the approval of the President.
Section 2: FORM. The wording and design of membership shall be designed by the Executive Board.
Section 3: APPROVAL. All applications for membership shall be approved by a majority of the Executive Board before such membership is granted.
Section 4: REVOCATION OR SUSPENSION OF MEMBERSHIP. The Executive Board shall have the power and authority to suspend or revoke, any membership granted by this Union for just cause and any such action shall be final and binding until the next General Meeting of this Union, at which time the action of the Executive Board may be appealed, provided such notice of appeal is made in writing and served by registered or certified mail delivered to the headquarters office of this Union not less than thirty (30) days prior to the date of the first scheduled meeting.
Section 5: PENALTY. When the membership of an Affiliate Group has been suspended, or revoked, by action of the Executive Board such Group shall immediately surrender its membership and all monies, records and property rightfully belonging to the Union to the Vice-Presidents, who shall place all such items in Trust in accordance with the provisions of the LMRDA. All rights, privileges and benefits afforded by such membership shall be suspended until a hearing by the Executive Board.
ARTICLE IX: GOVERNMENT
Section 1: BODIES. The governing bodies of this Union, in order of higher authority shall be as follows;
a) General Meeting
b) Executive Board
c) Officers Conference
Section 2: GENERAL MEETINGS. The final and absolute authority of this Union shall rest in a General Meeting. It shall take action on all matters presented on the floor in accordance with the provisions of the Constitution of this Union. It may change or amend the Constitution and By-laws; change, amend, approve, or reject actions of the President or Executive Board; set the policy of this Union and define the powers and authority of the officers of this Union.
a) The Executive Board shall set the date, time, and place of a General Meeting. Such Meetings shall be called not less than four (4) times a calendar year.
b) The Vice-President of Finance shall mail notice of the date, time, and place of the General Meeting not less than fourteen (14) days prior to the time set for the meeting. Such notice shall specify the following: date, time, place and instructions, number of Trustees to which a Group is entitled, and instructions on how to present matters desired to be placed on the meeting agenda and time limit for receiving agenda items. Not more than ten (10) days following the deadline date for the receipt of agenda items and not less than fourteen (14) days prior to the time set for the General Meeting, the Vice-President of Finance shall send to the Trustees of each Affiliated Group and all Executive Board members a copy of a complete agenda which is contemplated to be acted upon together with instructions as to how delegates are to be instructed for the purpose of casting their votes on the convention floor.
c) When properly appointed all Trustees shall be accredited delegates to the General Meeting, and entitled to vote on all matters before the meeting. Affiliated Groups shall be entitled to be represented according to the following formula; one (1) Trustee for each fifty (50) members in a Group.
d) Each group is entitled to one (1) vote on all matters which come before a General Meeting. When Affiliate Groups are represented by more than one Trustee, a Chairman of the delegation shall be elected by all the Trustees of the Group. The Chairman of each delegation shall cast the vote in accordance with the results of such poll except in such cases where the delegation has been instructed by action of the Group membership, then he shall cast the vote as instructed. If only one (1) Trustee of the Group is present on the floor at the time a vote is taken he shall be entitled to vote the entire voting strength of the Group. Any Affiliated Group which is unable to send a Trustee to the meeting from its Group may elect a Trustee from another Group to represent it, provided credentials have been properly recorded, in accordance with the provision of Item (e) of this Section.
e) At a regular or special meeting of an Affiliate Group following receipt of the notice of a General Meeting but not less than fourteen (14) days prior to the time of the first session of such Meeting the Group shall vote to decide the manner in which they wish to be represented at such Meeting. If representation is decided upon they shall vote by secret ballot on the number of Trustees to send and who shall be sent. After the Trustees have been chosen they shall issue credentials which shall be furnished by this Union to all duly constituted Trustees of the Group and mail a copy of such credentials to the Vice-President of Finance of this Union.
f) At a regular or special meeting of an Affiliate Group, following receipt of a copy of the General Meeting agenda, the Group shall act upon all matters listed and the results of the vote on each item shall be recorded in the minutes of the meeting or meetings. (The vote on agenda items must comply with the requirements of all applicable laws.) A copy of voting results on each item on the agenda, signed by the Trustees, shall be mailed to the Vice-President of Finance of this Union, and a copy of such results shall be given to the Chairman of the Group delegation with instructions on how to vote. In the event a Group did not act on an agenda item, that item shall be marked "uninstructed" and the delegation may cast their vote according to their own personal choice on such item.
g) This Union shall be responsible for the expenses of the President, Executive Board and Trustees.
h) Minutes of all sessions of a General Meeting shall be taken and prepared in the same manner as provided for in Section 8 of Article F of these By-laws under Executive Board Meetings. Copies of the minutes will be mailed to Affiliate Groups within three (3) months.
i) No item on the agenda of a General Meeting of this Union may be voted on unless a quorum of the total voting strength of this Union is presented on the floor. A quorum shall be present when twenty-five (25) percent of the total voting strength of this Union in good standing as of thirty (30) days prior to the opening date of such General Meeting are in the Union Hall.
j) The expenses of conducting a General Meeting and delegate expenses as provided for in Section 8 of Article VII shall be assumed by this Union. Monies derived from registration fees, sale of souvenir booklets or other items shall be credited toward such expense. The Executive Board shall determine which items of meeting expense shall be proper and legitimate.
Section 3: EXECUTIVE BOARD. The Executive Board shall consist of the President, Vice-President of Administration, Vice-President of Finance, Business Agent and all Trustees. During the period between General Meetings, the Executive Board shall be the sole governing body of this Union. Any action taken by the Executive Board must be approved at the next General Meeting. Any action of the Executive Board which may be disapproved by a General Meeting shall immediately be cancelled and ineffective.
a) Each member of the Executive Board, except the President, shall be entitled to one (1) vote on all matters brought before the Board. The President shall vote only in the case of a tie vote on any matter acted upon. In General Meetings, each member of the Executive Board, except the President, shall be granted one (1) vote; in case of a tie vote the President shall cast the deciding ballot. On matters decided by ballot at General Meetings, the President, when he is entitled to vote, the Executive Board shall be free to cast their vote, according to their own personal convictions. Their vote on agenda items must comply with the requirements of all State and Federal Laws, and a copy of the voting results on each item of the agenda, signed by the Vice-President of Finance, and at least one member of the Trustees, shall be mailed to the President. No Executive Board member may cast more than one (1) vote.
b) It shall be the duty of the Executive Board to try and decide all offenses as may be directed to them by this Constitution and By-laws, or at the special direction of the Union. The Board shall exercise supervision over matters of Policy of this Union, and shall have the power and authority to reinstate any and all members of the Union who may become delinquent in their payment of initiation fees or dues. The Executive Board shall also have the authority to take up any and all matters of grievances and to report to the regular meeting their recommendations, and such recommendations, after being approved, shall be the final authority of the Union.
c) The Executive Board shall be further empowered to appropriate funds to defray expenses that are incurred between regular meetings. All such appropriations of the Executive Board shall be subject to the approval of the membership at the next regular meeting. If the action of the Executive Board is not approved then it shall become null and void henceforth.
d) It shall be the duty of the Executive Board to determine the salaries of all officers and employees of the Union at the beginning of their term and they shall remain fixed for the duration of their respective term of office unless a two-thirds (2/3) majority vote of the members decides to change them.
Section 4: OFFICER'S CONFERENCE. The Executive Board shall meet not less than three (3) times a year to receive the financial report as prepared by the Trustees and to act on all other matters which may be presented before them. During the period between General Meetings the Executive Board may direct the President to call a conference of the principal officers of all Affiliated Groups for advisory purposes only. Such conference will advise the Executive Board as to what actions it recommends on matters coming before the conference.
a) Notices of all meetings of the Executive Board shall be sent to all members of the Board not less than fifteen (15) days prior to the date of such meeting. Such notices shall specify the date, time, and place of the meeting and set a time limit for receiving requests for appeal or other actions which may be wanted on the agenda. Such time limit may not be later than twenty-four (24) hours nor earlier than forty-eight (48) hours prior to the time set for the first session of the meeting.
b) Between meetings of the Executive Board, the President shall obtain approval of necessary actions from the Board members via telegram or mail. The President shall submit a detailed report to all Executive Board members on the matter requiring action. The result of the complete vote on such action voted on by mail or telegram, shall be forwarded to all Executive Board members. A two-thirds (2/3) majority of all members answering shall be required to confirm any section, provided a quorum is obtained.
c) When in executive session no matter may be acted upon by the Executive Board unless four (4) members of the Board are present. On matters acted upon under the provisions of Section 6 of this Article, such matter shall not be final unless four (4) replies from the Executive Board members have been received and recorded.
d) Minutes of all Executive Board sessions shall be recorded by a competent stenographer or mechanical recording device so that verbatim records of all discussions and actions may be kept unless specifically requested to be made "Off the Record."
e) Expenses incurred in connection with an Officer's Conference shall be paid for in identically the same manner as expenses for a General Meeting as provided for in Section 2, Item (j) this article.
ARTICLE X: AFFILIATE GROUPS
Section 1: PROVISIONS FOR. As provided for in Article VIII of the Constitution of this Union, groups of Special Patrolmen, Officers and other persons eligible for membership in this Union under Article VIII of the Constitution of this Union may organize into Groups, subject to the provisions of the Constitution and By-laws of this Union.
Section 2: MEMBERSHIP LIMITS. There shall be no limitation as to the number of members a Group may have but no membership shall be granted unless there are at least seven (7) members in good standing.
Section 3: ADMINISTRATION. Each Group shall have its own Trustees and adopt this Union’s Constitution and By-laws.
Section 4: POWERS AND AUTHORITY. In conjunction with the President and Vice-Presidents, each Group shall have the power and authority to bargain collectively with such employers whose employees are members, subject to such limitation imposed by Federal and State Laws of the country in which the employer's business is located. It shall have authority to organize all employees eligible for membership in the Union.
Section 5: LIMITATION OF POWERS. A Group shall be limited in power and authority in that it shall at no time, violate the Constitution and By-laws of this Union and shall be subject to the orders of the President and Executive Board of this Union.
Section 6: UNION CONSTITUTION AND BY-LAWS. The Union’s Constitution and By-laws shall be adopted by all Affiliated Groups. The President shall have the power and authority to approve or disapprove all Constitutional changes within the spirit of this amendment. (Affiliate Groups may approve the Constitution and By-laws contained in this booklet subject to the approval of two-thirds (2/3) of the members present and voting at a meeting of the Union called for this purpose.)
Section 7: FINANCIAL APPEALS. All financial appeals for assistance by Affiliate Groups must be directed to the Vice-President of Finance and Executive Board for final action. A copy of such notification will be sent to the President.
Section 8: ISSUANCE OF MEMBERSHIP TO GROUPS. The Union shall issue membership to all Affiliated Groups with the Special Patrolman Benevolent Association.
Section 9: PENALTY. When the membership of an Affiliate Group has been suspended or revoked by action of the Executive Board such Group shall surrender all money, records and property to the Union. All rights, privileges and benefits afforded by such membership shall be suspended until a hearing by the Executive Board. (This section shall be in accordance with the provisions of the LMRDA of 1959.)
ARTICLE XI: TRUSTEESHIPS
Section 1: ADVISABILITY OF. If the President has or receives information which leads him to believe that any Officer of an Affiliate Group is dishonest or incompetent or is not performing his/her duties and functions in the best interest of the membership, he shall give notice immediately to all members of the Executive Board, stating all the facts as he knows them to be. The Executive Board then may direct the President to place the offending Group under Trusteeship in the manner prescribed in succeeding Sections of this Article and the Labor Management Reporting and Disclosure Act of 1959. The LMRDA states four (4) allowable purposes for establishing Trusteeships.
(1). Correcting corruption or financial malpractice.
(2). Assuring the performance of collective-bargaining agreements or other duties of a bargaining representative.
(3). Restoring Democratic procedures.
(4). Otherwise carrying out the legitimate object of such other organization. (Included in this purpose are caretaker trusteeships, mismanagement, and disaffiliation.)
Section 2: APPOINTING TRUSTEE. After receiving approval for Trusteeship the President shall, in the case of an offending Group, appoint the Vice-President of Administration to act as Trustee, provided such Vice-President is not a member of the Group concerned, in which case he shall appoint an elected officer who is not a member of the offending Group. In no case shall a member of an Affiliate Group become a Trustee of a Group of which he is a member.
Section 3: POWER AND AUTHORITY. The Trustee shall have full power and complete authority when authorized by the President, to take full charge of the affairs of the Group for the period of his/her Trusteeship. He shall discharge any Trustee of the Group found unfit. He may appoint temporary delegates to serve during the Trusteeship and take any action which, in his/her judgement, is necessary for the preservation of the Group and its interests. He shall, at all times, be subject to the supervision and orders of the President of this Union and shall make monthly reports to him. He shall take possession of all funds, books, records and other property of the Group of which he is assuming Trusteeship.
Section 4: DUTIES. The Trustee shall pay all outstanding claims which have been properly approved as funds become available and maintain necessary records of all transactions made during the period of his Trusteeship. He shall do everything humanly possible within the limits of the Constitution and By-laws to place the unit of which he is a Trustee in a position so that compliance may be restored as quickly as possible.
Section 5: RESTORATION OF SELF-GOVERNMENT. Upon recommendation of the Trustee, compliance shall be restored by the President of this Union or application for the removal of Trusteeship may be made by filing a petition for such removal with the President of this Union. Such petition must bear the signatures of not less than five (5) members of the unit affected. Such signatures must be members in good standing who were not officers of the unit at the time it was placed under Trusteeship. Upon receiving a petition for removal of Trusteeship, the President shall direct the Vice-President of Administration to thoroughly investigate the conditions of the Group. After such investigations have been completed, the President shall make a report to all Executive Board members together with his recommendation for advisable action. The decision of the Executive Board shall be final but applications for removal of Trusteeships may again be filed in the same manner after ninety (90) days have elapsed from the date of the decision of the Executive Board if the original application was denied.
Section 6: BONDING TRUSTEE. Any person appointed to serve as Trustee under the provisions of this Article shall be bonded in accordance with the provisions of Article XII, Section 11 of the Constitution of this Union. The cost of such bond shall become an expense of the Union.
Section 7: RIGHTS UNDER TRUSTEESHIP. While under Trusteeship a Group shall continue to function under the direction of the Trustee. It shall be able to negotiate bargaining agreements through a normal bargaining committee under the Chairmanship of the Trustee. It shall hold meetings on the progress of the Trusteeship.
ARTICLE XII. REVENUE
Section 1: DEFINITION. The revenue of this Union shall be derived from monthly dues, initiation fees and reinstatement fees of members of Affiliated Groups. In addition thereto, all revenue derived from the sale of emblems and approved supplies shall be credited to the general fund of this Union.
Section 2: DUES. Monthly dues from an Affiliate Group shall be nine dollars and seventy-five cents ($9.75) per member each week.
Section 3: REINSTATEMENT FEE. Payable to the Union on all reinstatements shall be a minimum of 25% of the initiation fee. A suspended member who pays his back dues and assessments, shall, from the date of such payment be reinstated to his former position on consecutive monthly membership on the first (1st) offense. Thereafter if he fails to pay dues on time he shall be considered a new member as to the period of consecutive monthly membership is concerned.
Section 4: PAYMENTS DUE. All dues by shall be paid not later than the fifteenth (15) day of the month for which dues or other fees were collected. Dues shall be paid by check or money order and sent to the Vice-President of Finance. The Vice-President of Finance shall forward to the headquarters office of this Union, within fifteen (15) days following receipt from a Group, a check or money order payable to this Union, an amount equal to nine dollars and seventy-five cents ($9.75) for each week and all initiation and reinstatement fees collected. All members of the Union are under a positive duty to see that their dues are paid on or before their due date each month. The failure of a Trustee or any officer of the Union to appear or to collect the dues shall not in any manner excuse the member from his obligation to pay his dues on or before their due date at the office of the Union. Any member of this Union failing to pay dues and assessments on or before the 15th day of the month in which the same are due shall stand automatically suspended as a member of the Union and from all rights and privileges of such membership. A suspended member must pay the Union all back dues and assessments and a reinstatement fee of 25% of the original initiation fee.
Section 5: WITHDRAWALS: At his request, a member may be issued a withdrawal card provided all of his dues and assessments have been paid up and provided further, that this does not violate the contractual terms of the agreement which the member is working under. (Closed shop, Union security, etc.)
A member taking a withdrawal card from this Union shall be entitled to no benefits of any kind other than the right to make application for reinstatement. A withdrawal card shall become null and void two (2) years after its issuance.
Section 6: ASSESSMENT: The Union may levy an assessment from time to time, as it deems necessary. Assessments shall only be levied after the membership has been duly notified at a regular or special meeting to consider and take action to levy the same.
Section 7: SUPPLIES PAYMENT. All money received by the Vice-President of Finance for the payment of supplies shall be forwarded to the President of the Union unless payment for the same has been previously made by the Group.
Section 8: MEMBERSHIP ROSTERS. When remitting payment of dues the Trustee of an Affiliate Group shall include the number of paid-up members, the delinquent members, suspended members, transfers, and withdrawals for the period covered in the report.
Section 9: DEPOSIT OF FUNDS. All revenue received by the Union shall be deposited in a bank designated by the President and Vice-President of Finance and credited to the specific fund for which collected.
Section 10: DISBURSEMENTS. Disbursements made against the Union fund or any special fund must be made by check bearing the signatures of two (2) officers of this Union. No check drawn against any account of this Union shall be valid unless it bears at least two (2) signatures. No Affiliate Group will obligate this Union to pay any funds without prior approval of the Executive Board or General Meeting (i.e. Legal fees, Organizing, etc.).
Section 11: BONDING.
a) Every officer and employee of this Union who handles funds or other property of the Union shall be bonded for the faithful discharge of his duties.
b) The amount of the bond shall be not less than ten (10) percent of the total funds handled by the person bonded, and his predecessors, in the preceding year.
c) The bond shall be individual or schedule in form.
d) Bonds shall be placed with a corporate surety, holding a grant of authority from the Secretary of the United States Treasury as acceptable surety on Federal Bonds.
e) Bonds shall not be placed through any agent or with any surety company in which any labor organization or any representative of any labor organization has a direct or indirect interest.
f) No person not so bonded shall be permitted to receive, handle, disburse or otherwise exercise custody or control of funds or other property of this Union or of a trust in which this Union is interested.
Section 11: FISCAL YEAR. The Fiscal Year of this Union shall extend from the first day of January through the following 31st day of December.
Section 12: LOAN LIMITATIONS. No loans shall be made directly or indirectly to any officer or employee of this Union.
ARTICLE XlII: COLLECTIVE BARGAINING
Section 1: NEGOTIATING COMMITTEE. The authority to bargain collectively for the entire membership of the Union or any subdivision thereof shall be vested in the negotiating committee which shall consist of the President and not less than two (2) elected committee members of the unit involved, subject to the mandates of the membership.
Section 2: RATIFICATION. All proposed contracts shall be submitted to the membership at least fifteen (15) days in advance of submission to the employer and any proposed changes developing during the period of negotiations shall be submitted as they arise. The results of the negotiations shall be subject to ratification by the unit or units concerned of the Union. (This process should be done in open meetings and a copy of the proposed contract should be available to all members for their inspection prior to voting on the proposed contract.)
Section 3: FINAL AGREEMENT. A true copy of the final agreements shall be filed in the office of the Vice-Presidents and if requested to the President.
ARTICLE XIV: TRIALS, SUSPENSIONS AND PUNISHMENTS
Section 1: POWER TO LEVY. In order to maintain discipline and to provide for the observance of the provisions of this Constitution and By-laws, the Union shall have power to levy such penalties on any member found guilty after charges have been properly preferred and hearings have been held in accordance with the provisions of the Constitution and By-laws of this Union, and the provisions of the LMRDA of 1959.
Section 2: DISSENSION. Any member who commits an offense discreditable to the Union or who endeavors to create dissension among the members or who works against the interest or harmony of the Union, shall be fined or expelled under the Bill of Rights for Members of Labor Organizations as found in the By-laws of this Union.
Section 3: SLANDER AND EMBEZZLEMENT. Any officer or member who willfully slanders an officer or member, who fraudulently receives or misapplies, or who embezzles funds of this Union or money of a member or an applicant entrusted to him for payment, shall be punished by fine, suspension or expulsion.
Section 4: OTHER CHARGES. The basis for charges against members or officers for which he shall stand trial, shall, among other things, consist of the following:
(a) Violation of any specific provision of the Constitution and By-laws.
(b) Violation of the Oath of Loyalty to this Union.
(c) Violation of the Oath of Office.
(d) Gross disloyalty, or conduct unbecoming a member.
(e) if an officer, gross inefficiency which shall hinder and impair the interests of this Union.
(g) Secession or fostering the same.
(h) Physical abuse of fellow members and officers in the meeting hall.
(i) Abuse of fellow members and officers by written or oral communication.
(j) Activities which tend to bring this Union into disrepute.
(k) Disobedience to the regulations, rules, mandates, and decrees of this Union.
and for such other acts and conduct which shall be considered inconsistent with the duties, obligations, and fealty of members of a trade union, and for violation of sound trade union principles.
Charges shall be filed in accordance with the provisions of Article VI of the Constitution and By-laws. Trial bodies shall be composed according to the Bill of Right as found in the By-laws of this Union. (all charges and trials must conform to the provisions of the LMRDA)
Section 5: WRITTEN CHARGES. All charges must be in writing and must specify the specific offense or offenses and the Article and Section of the Constitution and By-laws so violated, and must be signed by the member or members or officers making charges.
Section 6: NOTIFICATION. The Business Agent shall read the written charges at the meeting of the trial body. The Business Agent of the Union shall notify all members or officers who have been charged with a violation by Registered Mail return receipt requested. He shall also notify all parties concerned as to the date, place and time of the hearing.
Section 7: REPRESENTATION. Any member under charges may have another member of this Union act as council. He may also act as his own counsel. He may present testimony of the members of this Union by personal appearance. He shall have a right to call witnesses and cross-examine any witnesses who appear against him.
Section 8: FAILURE TO APPEAR. If the accused willfully neglects or refuses to stand trial the trial board shall deem him guilty as charged and he shall be punished as the Board may determine.
Section 9: PAYMENT OF FINES. All fines imposed or assessments levied shall be paid to the Vice-President of Finance within thirty (30) days unless other arrangements satisfactory to all parties are made. All fines or other assessments made by a trial board must be paid prior to any regular dues in order to entitle him to any privileges, rights or benefits of this Union.
Section 10: APPEAL BODIES. Appeal bodies shall be as provided for in the Bill of Rights found in the By-laws of this Union.
Section 11: RE-APPLICATION. Members who have been expelled by this Union may join again by making application to the Executive Board. Upon their favorable recommendation, he may join if two-thirds (2/3) of the members at the next regular meeting concur.
ARTICLE XV: STRIKES AND WALKOUTS
Section 1: WHEN TO CALL. In case of any dispute between members of this Union and an employee or employers, before there shall be a strike called, the matter shall be reported to the Vice-Presidents. If the Vice-Presidents are unable to be contacted then the matter will be reported immediately to the President of this Union. In all cases both will be notified. If the Vice-Presidents are unable to settle the dispute before a strike is called he shall notify the President giving the President all the facts. No strike shall be called until both have attempted to adjust the matter or in the opinion of the President he believes the strike action should be necessary, but under no circumstances shall this Union call a strike without complying to all of the above. If a strike is called, authorization from the President must be in writing by Registered Mail to the Group involved. In cases where time will not permit, then a telegram will satisfy the provision.
Section 2: STRIKE VOTE. A strike vote may not be taken until notice of intention to take such vote has been given to the membership of the Union in the same fashion as notices of regular or special meetings are given. A vote of the majority of all members in good standing present and voting at the meeting shall be required to authorize a strike.
ARTICLE XVI: DISSOLUTION
The Affiliated Group cannot be dissolved if there are seven (7) dissenting members. For procedures and methods of dissolution see the Constitution, Article III, Sections 2 and 3.
ARTICLE XVII: PROPERTY RIGHTS
Membership in this Group shall not vest any member with any rights, title or interest in or to the funds, property or other assets of the Union now owned or possessed or that may hereafter be acquired and each member hereby expressly waives any right, title or interest in or to the property of the Group. The title to all property, funds or other assets of this Group shall at all times be vested in the Executive Board for the joint use of the membership of the Group, but no member shall have any severable proprietary right, title or interest therein.
ARTICLE XVIII: INTERPRETATIONS
The Constitution and By-laws of this Union shall be interpreted by the Executive Board and any member shall have the right to appeal from the interpretation and decision of the Executive Board in the manner provided to the President of this Union and to the Executive Board of this Union.
ARTICLE XIX: AMENDMENTS
Section 1: AMENDMENTS. The Executive Board may propose any amendment or amendments to the Constitution and By-laws. To amend this Constitution and By-laws, the proposed amendment or amendments shall be submitted in writing at a regular meeting of the Union and referred to the Executive Board for consideration and recommendation.
Section 2: NOTIFICATION. Whenever the Executive Board reports upon an amendment or amendments to the Constitution and By-laws, proposed at a regular meeting or initiated by the Executive Board, the Business Agent of this Union shall send a written notice to all members of the Group to be present at the regular meeting of the Union at which such report and recommendation is to be considered.
Section 3: ADOPTION. A two-thirds (2/3) majority vote of the members present at such regular meeting of the Union shall be necessary to adopt any amendment or amendments to this Constitution and By-laws. (This Constitution and By-laws or any additions or amendments thereto, or any deletion therefrom, before they become valid and effective, must be approved by the President, subject to ratification by the Executive Board of this Union.)
ARTICLE XX: NONDISCRIMINATION
Section 1: No Union shall expel from membership or otherwise discriminate against any individual, or cause or attempt to cause any employer to discriminate against any individual, because of race, color, religion, sex, age or national origin, nor limit, segregate or classify its membership, or classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an applicant for employment because of such individual's race, color, religion, sex, age or national origin.
Section 2: Any reference in this Constitution and By-laws to the male gender shall also pertain equally to the female gender.
Section 3: Any reference in this Constitution and By-laws to the officers shall also pertain equally to dispatchers and any other employees necessary to the everyday operation of the property of their employer.
Duties of the Members of the Union
It shall be the duty of every member of this Union to so conduct himself as to bring peace and harmony between himself and brother members of this Union and with his employer.
He shall keep strictly private from everyone the password and all other business of the Union.
He shall pay his dues in advance.
He shall notify the Vice-President of Finance of the Union when he changes his address.
He shall, at no time, solicit his fellow member's job, unless such member is leaving voluntarily.
He shall not injure the interest of another by undermining him in price or wage or any other act which would jeopardize a member's office or standing.
He shall, by no word or action, seek to undermine or injure a fellow worker with his employer.
He shall at all time cooperate with the officers of this Union.
He shall assist his fellow members in cases of sickness or distress.
He shall attend the scheduled meetings of this Union.
He shall not cause or acquiesce in any unauthorized strike, stoppage of work, boycott or picketing.
He shall at all times carry his Union card on his person and show it to anyone who demands to see it.
Rules of Order
All questions of parliamentary law and rules of order not specifically provided for in this Constitution and By-laws shall be decided according to the principles laid down in Roberts Rules of Order.
Section 1: The use of profane, and ungentlemanly language during the meeting is prohibited, as being against the decorum and dignity of the meeting.
Section 2: No member shall be allowed in the meeting in an intoxicated state.
Section 3: No member shall interrupt a debate, except on a question of personal privilege or of information.
Section 4: No member shall leave the room without first obtaining permission from the Vice-President.
Section 5: No member shall engage in conversation during the progress of the meeting without first having obtained permission of the Vice-President.
Section 6: The Union shall have the power to declare further rules of order which will tend to increase the decorum and dignity of the meeting.
Section 7: Any member violating the rules of order of this Union shall be deemed guilty of disorder, and no fine imposed can be remitted except upon a two-thirds (2/3) vote of the members present.
Rules of Procedure
Rule 1: On motion, the regular order of business may be suspended by a two-thirds (2/3) vote of the meeting at any time to dispose of anything urgent.
Rule 2: All motions, if requested by the chair, or resignations must be submitted in writing.
Rule 3: Any conversation by whispering or otherwise, which is calculated to disturb a member while speaking or hinder the transaction of business, shall be deemed a violation of order.
Rule 4: Sectarian discussions shall not be permitted in the meeting under any circumstances.
Rule 5: A motion to be entertained by the presiding officer must be seconded and the mover as well as the seconder must arise and be recognized by the chair.
Rule 6: Any member having made a motion can withdraw it by consent of his seconder, but a motion once debated cannot be withdrawn except by a majority vote.
Rule 7: A motion to amend an amendment shall be in order, but no motion to amend an amendment to an amendment shall be permitted.
Rule 8: A motion shall not be subject to debate until it has been stated by the chair.
Rule 9: When a member rises to speak, he shall rise and respectfully address the chair, and if recognized by the chair, he shall be entitled to proceed.
Rule 10: If two or more members rise to speak at the same time, the chair shall decide which is entitled to the floor.
Rule 11: Any member speaking shall confine himself to the question under debate and avoid all personal, indecorous or sarcastic remarks.
Rule 12: No member shall interrupt another while speaking, except to a point of order, and he shall definitely state the point, and the chair shall decide the same without debate.
Rule 13: If a member, while speaking, be called to order, he shall take his seat until the point of order has been decided, then if decided in order he may proceed.
Rule 14: If a member shall feel himself personally aggrieved by a decision of the chair, he may appeal to the body present for overruling the chair.
Rule 15: When an appeal is made after a decision of the chair, the Chairman shall immediately relinquish the chair in favor of the Vice-President of Administration who shall act as Chairman until a decision on the appeal is made. He shall state the appeal in these words, "Shall the decision of the chair be sustained as the decision of the Union?" The membership shall then have the right to state the grounds of appeal and the chair will give reasons for his decision. Thereupon the members will proceed to vote upon the appeal without further debate, and it shall require a majority vote to sustain such appeal.
Rule 16: No member may speak more than once on the same question until all have spoken, nor more than twice without unanimous consent, nor more than five minutes at any one time without consent of a two-thirds (2/3) vote of all members present.
Rule 17: The presiding officer shall not speak on any subject unless he retires from the chair except on points of order, and in case of a tie vote he shall cast the deciding vote.
Rule 18: When a question is before the meeting, no motion shall be in order except:
1. To adjourn
2. To lay on the table
3. To postpone to a given time
4. To refer or commit
5. To amend
The following is the suggested order of business for Union meeting:
1. Pledge of Allegiance to the Flag (where flag is displayed.)
2. Roll call of officers.
3. Reading of minutes of previous meeting.
4. Voting on applications for membership.
5. Vice-President of Finance report.
6. Reports of other officers.
7. Reports of Committees and Delegates.
8. Initiation of new members.
9. Communications and bills.
10. Unfinished business.
11. New business.
12. Any other business for the good of the welfare of the Union or its members.
BILL OF RIGHTS FOR MEMBERS OF LABOR ORGANIZATIONS
Equal Rights: Every member of a Labor Organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules in such organization's Constitution and By-laws.
Freedom of Speech and Assembly: Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his/her views upon candidates in an election of the labor
organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings; Provided, that nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the
responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations...
Protection of the Right to Sue: No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceedings, or the right of any member of a labor organization to appear as a witness in any judicial, administrative or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, that any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization before instituting legal or administrative proceedings against such organization or any officer thereof: and provided further, that no interested employer or employer association shall directly or indirectly finance, encourage or participate in, except as a party, any such action, proceeding, appearance or petition.
Safeguards Against Improper Disciplinary Action. No member of any labor organization may be fined, suspended, expelled or otherwise disciplined except for non-payment of dues by such organization or by any officer thereof unless such member has been (A) served with written, specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.
Any provision of the Constitution and By-laws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect.
Section 2: TRIAL BODIES. The trial bodies having jurisdiction to hear and render judgements against an accused member shall be determined as follows:
a) If the accused is a member of the Executive Board of this Union, he shall be tried by the rest of the members of the Board.
b) If the accused is a member of a Group but not an officer, he shall be tried by the Executive Board.
(If the charging party is a member of one or more of the above bodies then he/she shall absent themselves from the trial body.)
Section 3: APPEAL BODIES. The appeal bodies of any accused found guilty by a trial body shall be as follows:
a) In section 2(a) of this Article, a General Meeting shall be final.
b) In Section 2(b) of this Article, the same as (a) of this section.
Section 4: PENALTIES. The decision and penalties imposed upon members, officers, or Groups found guilty of charges may consist of reprimands, fines, suspensions, expulsions or removal from office or commands to do or perform or refrain from doing or performing specific acts, pending an appeal, as provided for in Section 3 of this Article.
Section 5: EFFECT OF DECISIONS. All decisions of a trial body shall remain in full force and effect until reversed by a higher body.
Section 6: PENALTY FOR FAILURE TO COMPLY. Failure to comply with any decision handed down by a trial or appeal body shall cause the guilty party to stand suspended from all privileges of this Union until the provisions of the decision have been complied with.
Section 7: NOTIFICATION OF TRIAL. A member, Group, or officer accused of any wrongdoing under the provisions of this Article shall be notified in writing within five (5) days after charges have been received by the officer having the authority to accept them. At the same time the accused party shall be informed as to what steps are being taken to arrange a hearing and, if already determined, the time, date and place of the hearing. This notice shall also inform the accused of the specific charges against him.
Section 8: FILING CHARGES. Accusations made against any officer or member must be in writing and must specify the charges and reasons for such charges and must contain the signature or signatures of the accusing party or parties. No anonymous letters or documents shall be honored for the purpose of charges against any officer or member. Charges shall be filed in the following manner: If against the President of this Union, with the Vice-Presidents who, by virtue of such charges, shall have the authority to call a meeting of the Executive Board except for the President; If against any Executive Board member or group of members, except the President, with the President; If against any group of members of the Executive Board which may include the President and Vice-Presidents, with the officer of highest rank not included in the charges who shall have authority to call a meeting of the Executive Board for a hearing of such charges.
Section 9: TIME LIMIT FOR HEARING. A hearing date and the place and time of the hearing shall be set within fifteen (15) days after the receipt of charges. The accused shall be given a reasonable time to prepare his defense. If necessary, in order for the accused to prepare his defense, a postponement of not more than fifteen (15) days shall be granted, if requested by the accused.
Section 10: METHOD OF TRANSMITTING INFORMATION. All charges and related information to filing charges and setting time and date for hearings will be by Registered Mail (return receipt requested).
Section 11: CARRYING OUT DECISIONS. When a member is found guilty to the commission of a charge of serious wrongdoing against any Group or this Union, which act of serious wrongdoing tends to bring dishonor upon this Union, it shall be the duty of the Group to revoke the membership of such member. In the event of any Group failing to carry out the foregoing provisions, the President, when the matter is called to his attention, shall have the membership of such person revoked.
Section 12: EXHAUSTION OF REMEDIES. Every member, officer or Group against whom charges have been preferred and disciplinary action taken as a result thereof, does as a condition of membership, agree to exhaust all remedies provided by these By-laws before resorting to any court or tribunal. (These shall be in accordance with the LMRDA act of 1959.) The decision of the highest appeal body, with respect to any facts presented to it shall be final and binding upon all members and units and shall remain in full force until reversed.
Section 1: SERGEANT-AT-ARMS. At all General Meetings the President shall appoint a Sergeant-at-Arms and as many assistants as deemed necessary for the purpose of preventing the entrance of unauthorized persons to the Union hall. He shall prohibit any delegate in an intoxicated condition from entering the Union hall. He shall evict any delegate who becomes obnoxious in the opinion of the presiding officer, or who disrupts the normal business of the session.
Section 2: COCKTAIL BARS. Intoxicating beverages of any kind shall not be permitted in the meeting room in which any official meeting of the Executive Board or a Meeting of this Union is being conducted. Approval for the purchase of any type of intoxicating beverage to be served during the official sessions of any Executive Board or meeting of this Union shall not be granted.
Section 3: UNAUTHORIZED USE OF OFFICE SPACE. No Group or individual shall use or occupy office space paid for by this Union without the expressed approval of the Executive Board and then, only after a suitable liability bond, protecting the interests of this Union, has been furnished.
Section 1: MANNER. Amendments to these By-laws may be made in the same manner as provided for changing the Constitution in Article XI thereof.
* * * * * * * * * *THE CONSTITUTION AND BY-LAWS OF THE SPECIAL PATROLMAN BENEVOLENT ASSOCIATION, AS IT APPEARS IN THE FOREGOING PAGES OF THIS BOOKLET, IS THE OFFICIAL CONSTITUTION AND BY-LAWS OF THE SPECIAL PATROLMAN BENEVOLENT ASSOCIATION. THE CONSTITUTION AND BY-LAWS CONTAINED IN THIS BOOKLET SHALL BECOME THE OFFICIAL CONSTITUTION AND BY-LAWS OF THE GROUP AFTER THE MEMBERSHIP OF THE GROUP SO ADOPTS THE CONSTITUTION AND BY-LAWS IN ACCORDANCE WITH THE DESIRES OF THE UNION.
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SUGGESTED OPENING CEREMONY FOR MEETINGS
At the appointed time for opening a meeting the President, standing at this station, will give three (3) taps of his gavel and say, "This meeting will now come to order."
"The Sergeant-at-Arms will please close the door and all persons not entitled to sit with us will please retire from the room."
The President then gives one (1) tap of his gavel for all to be seated and says, "I now declare this meeting duly convened and opened for the transaction of all such business as may properly come before it."
All questions of a parliamentary nature shall be decided in accordance with Roberts Rules of Order as revised.
One (1) tap of the gavel means that the President is asking members to keep in order.
Two (2) taps of the gavel means that all present should rise.
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OATH OF OBLIGATION FOR NEW MEMBERS
I, (here new member gives his name), do solemnly promise that in consideration of being admitted into membership into the Special Patrolman Benevolent Association, I will fully and faithfully carry out the duties and obligations that are imposed upon me by the Constitution and By-laws of this Union. I further promise that I will at all times act as a true Union member and be faithful to the obligations, duties and requirements of such a Union member; that I will aid my fellow members and fellow unionists in the attainment of the ideals of true trade unionism in every honorable and legal manner; and that I will obey and follow the lawful directions and orders of the officers of this Union.
OATH OF OBLIGATION FOR NEW OFFICERS
I, (here new officer gives his/her name), on my honor and upon assuming the duties of the office of (here give title of office) agree, as prescribed by the laws of this Union to bear full and faithful allegiance to the Special Patrolman Benevolent Association. I further agree to perform all duties which are required of me by the Constitution and By-laws of the Union as well as the laws of our City, State and Nation during the term of my office.
I further promise that I will deliver to my successor in office, all books, records and documents and all other property of this Union of any kind and nature which may be in my possession at the close of my official term. All of this I faithfully promise to my fellow officers and members of this Union.
RULES OF ORDER
All questions of parliamentary law and rules of order not specifically provided for in the Constitution and By-laws shall be decided according to the principles laid down in Roberts Rules of Order Revised.
The following regulations should be practiced:
The use of profane or ungentlemanly language during a meeting should be prohibited.
No member shall be allowed in a meeting in an intoxicated condition.
No member shall interrupt a debate or discussion except on a question of personal privilege or of information.
No member should leave the meeting room without first obtaining permission of the Sergeant-at-Arms.
Members should not engage in conversation during the progress of a meeting.
RULES OF PROCEDURE
1. On motion, the regular order of business may be suspended by a two-thirds (2/3) vote of the members present at any time in order to dispose of an urgent matter.
2. A motion to be entertained by the presiding officer must be seconded and the mover as well as the seconder must rise and first be recognized by the chair.
3. Any member having made a motion can withdraw it with the consent of his seconder but a motion cannot be withdrawn if debate on the motion has started except by a majority vote.
4. A motion to amend an amendment shall be in order but, a motion to amend an amendment to an amendment shall not be permitted.
5. A motion shall be subject to debate until it has been stated by the chair.
6. When a member rises to speak he shall rise and respectfully address the chair, and if recognized by the chair, he shall be entitled to proceed, but not before recognition.
7. If two or more members rise to speak at the same time the chair shall decide which is entitled to the floor.
8. Any speaker shall confine himself to the question under debate and avoid all personal, indecorous or sarcastic remarks.
9. No member shall interrupt another while speaking except to a point of order, and he shall definitely state the point, and the chair shall decide the same without any debate.
10. If a member, while speaking, is called to order he shall take his seat until the point of order is decided, if decided in order, he may again proceed.
11. If any member shall feel himself personally aggrieved by a decision of the chair, he may appeal to the body present for overruling the chair.
12. When an appeal is made after a decision of the chair, the Chairman shall immediately relinquish the chair in favor of the Vice-President of Administration who shall act as Chairman until a decision on the appeal is made. He shall state the appeal in these words, "shall the decision of the chair be sustained as the decision of the Union?" The member making the appeal shall then have the right to state the ground of appeal and the chair will give his reasons for his decision and render the decision. Thereupon the members will vote upon the approval without further debate and it shall require a majority vote to sustain such appeal.
13. No member may speak more than once on the same subject until all have had an opportunity to speak, nor more than twice without unanimous consent, nor more than five minutes at any one time without consent of a two-thirds (2/3) vote of all members present.
14. The presiding officer shall not speak on any subject unless he first retires from the chair except on a point of order. If he retires from the chair to speak on a subject of debate he may not resume the chair until after the subject has been voted on. In case of a tie vote he may cast the deciding vote.
15. When a question is before the meeting no motion shall be in order except: a) to adjourn, b) to lay on the table, c) for the previous question, d) to postpone to a given time, e) to refer or commit and f) to amend. These motions shall have precedence in the order given. Motions made under a, b and c, are not debatable.
16. If a motion has been amended the question on the amendment shall be put to a vote first; if more than one amendment has been offered, the questions shall be put to a vote as follows: a) Amendment to the amendment, b) Amendment to the original proposition.
17. When a question is postponed indefinitely it shall not come up again except by a two-thirds (2/3) vote in favor.
18. A motion to adjourn shall always be in order except when a member already is speaking on the floor or when members are voting.
19. Before putting a question to vote, the presiding officer shall ask, "Are you ready for the question?" Then it shall be open for debate. If no member rises to speak, the presiding officer shall then put the question in this form, "All in favor of the motion say 'Aye'"; and after the affirmative vote has been expressed, "those contrary say 'No'." After the vote has been completed, he shall announce the results in this manner, "It seems to be carried (or lost) and so ordered."
20. Before the presiding officer declares the vote on the question any member may ask for a division of the house, in which case the chair is duty bound to comply with the request, and a standing vote shall be taken and the secretary shall count those standing in favor and those opposed and announce the result of each count.
21. When a question has once been decided, it cannot again be considered except with the approval of two-thirds (2/3) of those present.
22. A motion to reconsider a question must be made and seconded by two members and only by members who have voted with the majority.
23. A member having been ordered to take his seat three (3) times by the chair, without heeding, shall be barred from participating in any further business at that time.
24. All questions, unless otherwise provided, shall be decided as a majority vote may direct.