Our Local 255 Constitution

The United Electrical, Radio, and Machine Workers of America (UE)

PREAMBLE

We, the employees of Hunger Mountain Coop, have joined with the United Electrical, Radio and Machine Workers, constituting ourselves as Local 255, to preserve and foster the enlightened and humane workplace that has been the tradition and mission of our Cooperative since its inception. We pledge ourselves to support the principles set forth in the Co-op Mission Statement and in contract with the Council and Management of Hunger Mountain.

NAME

Section 1. This organization shall be known as United Electrical, Radio and Machine Workers of America (UE) Local 255.

AFFILIATION

Section 2. Local 255 Shall be affiliated with the United Electrical, Radio and Machine Workers of America, National Union, and Eastern Region, United Electrical, Radio and Machine Workers of America (UE).

OBJECT

Section 3. It shall be the object of this Local to protect, maintain and advance the interests of the workers.

ELIGIBILITY

Section 4. All persons coming under th jurisdiction of the UER & MWA are eligible to membership in this Local, regardless of age, skill, craft, sex, nationality, color, religious or political beliefs or affiliation, sexual orientation, disability or immigration status.

OFFICERS AND EXECUTIVE BOARD

Section 5. The elected officers of this Local shall be a President, a Vice President, a Chief Steward, a Financial Secretary, and a Recording Secretary. The elected officers shall constitute the Local Executive Board. In addition to the foregoing officers, there shall be three Trustees. Furthermore, there shall be a position of Assistant Chief Steward to be selected by the Chief Steward and the new Stewards team. The Assistant Chief Steward will be a non voting member of the Local Executive Board, will assist the Chief Steward as needed, and will fulfill the duties of Chief Steward in the Chief Steward's absence.

DUTIES OF THE PRESIDENT

Section 6. The President of the Local shall:

(a) Preside at all regular and special meetings of the Local and Local Executive Board.

(b) Be a Member of the Local Executive Board.

(c) Preserve order and enforce the constitution and By-Laws of the Union.

(d) Be an ex--officio member of all committees, but shall have no vote at the meetings, at which they preside, except in case of a tie.

(e) Appoint, subject to the approval of the membership, all special committees, when an election of the same is not called for.

(f) Sign checks jointly with the Financial Secretary

(g) Give bond in the amount required by the National Union.

(h) Be at all times responsible to the Executive Board.

(i) Be present, or have a designated stand in, for third step grievances.

(j) Stewarding upon request of Chief Steward. The term of office shall be for one (1) year.

DUTIES OF THE VICE PRESIDENT

Section 7. The Vice President shall:

(a) Assist the President in the performance of all duties and act in the President's absence.

(b) Provide Community Outreach, including gathering/presenting information on any events locally and nationally.

(c) Make and provide the Local with the General Membership meeting agendas.

(d) Stewarding upon request of Chief Steward. The Vice President shall be a member of the Local Executive Board. The term of office shall be for one (1) year.

DUTIES OF THE FINANCIAL SECRETARY

Section 8. The Financial Secretary shall:

(a) Receive, receipt, and account for all money paid to the Local.

(b) Pay all bills authorized by the Local.

(c) Furnish all supplies pertaining to the Local.

(d) Give account of all receipts and expenditures.

(e) Furnish a monthly Financial Report to the Local.

(f) Furnish a monthly report on per capita to the Eastern Region.

(g) Furnish a monthly report on per capita to the National Union.

(h) Sign checks and per capita reports jointly with the President.

(i) Give bond in the amount required by the National Union.

(j) Be a member of the Local Executive Board.

(k) Perform such other duties with the approval of the Local Executive Board as may be necessary to the proper and effective administration of the Local.

(l) Stewarding upon request of Chief Steward.

(m) The term of office shall be for one (1) year.

DUTIES OF THE RECORDING SECRETARY

Section 9. The Recording Secretary shall:

(a) Keep all records of the meetings of the Local Union and of the Local Executive Board.

(b) Conduct all correspondence of the Local Union, and of the Local Executive Board unless otherwise directed by the Local Executive Board or as otherwise provided herein.

(c) Be a member of the Local Executive Board. Perform such other duties, with the approval of the Local Executive Board, as may be necessary to a proper and effective administration of the affairs of the Local.

(d) Stewarding upon request of Chief Steward.

(e) The term of office shall be for one (1) year.

DUTIES OF THE CHIEF STEWARD

Section 10. The Chief Steward Shall:

(a) Keep records of all grievances in the bargaining unit.

(b) Be present at all Steward meetings for the bargaining unit.

(c) Assist Stewards with all grievances in the bargaining unit, including being present for second and third step grievances.

(d) Organize all Steward meetings.

(e) Organize the training of all new stewards.

(f) Act as a Steward as needed, including presenting first step grievances.

(g) The term of office shall be for one (1) year.

DUTIES OF THE TRUSTEES

Section 11. The Trustees shall:

(a) Act as custodians and exercise supervision over all the property of the Local; keep an inventory thereof, and report the same in writing at a Local meeting in every three month period.

(b) Manage and safeguard all property of the Local.

(c) Examine and audit all books and records of the Financial Secretary quarterly, and make quarterly reports at the regular meeting of the Local following the audit, and shall make such other audits and reports at the direction of the Local Executive Board or the Local Union.

(d) Witness the quarterly official notification by the President and the Financial Secretary to the General Secretary--Treasurer of the National certifying that the Local's books and records have been audited. This notice shall state what the condition of the books and records are.

(e) They shall not be members of the Local Executive Board.

(f) The term of office shall be for one (1) year.

DUTIES OF THE LOCAL EXECUTIVE BOARD

Section 12.

(a) All decisions of the Executive Board shall be by a majority vote of the members present.

(b) Three (3) members of the Executive Board shall constitute a quorum.

(c) The Executive Board shall perform all duties necessary to the proper administration of the Local Union consistent with the Local, Eastern Region and National Constitutions.

(d) The Executive Board, with the approval of the membership, may fix the compensation to be paid to any member, officer, or person employed by the Local Union, provided such compensation shall not exceed the maximum paid the workers in the industry.

(e) The Executive Board shall determine the financial arrangements necessary to insure that the business of the Union functions in an orderly manner.

(f) The Executive Board shall meet at such times as the Executive Board or the President may determine.

(g) The Executive Board may advise or control the course of action of any or all Local Officers and Committees, except as otherwise herein provided, subject to the approval of the membership.

(h) The Executive Board shall encourage membership in the union.

(i) The Executive Board shall establish such committees as may be needed to promote the interests of the Union, subject to the approval of the members.

(j) The Executive Board may at any time require from any officer or committee a full and detailed statement of account of any action or business done in the name of the Local.

(k) A vacancy in the Executive Board shall be filled by nomination and election at the next regular meeting of the Local Union upon at least 15 days written notice to the membership. Written notice shall occur via the Local 255 newsletter and by posting on the bulletin board.

(1) The term of office shall be for one (1) year.

NOMINATION AND ELECTION OF OFFICERS

Section 13.

(a) Nominations for office shall be made in writing. These nominations shall be submitted to an election officer and/or the nomination box on the Union bulletin board.

(b) The order of nominations shall be President, Vice President/Corresponding and Recording Secretary, Financial Secretary, Chief Steward and three (3) Trustees.

(c) Only members in good standing shall be eligible for office.

(d) No member may be a candidate for more than one of the offices stated in part (b). However, though it would be ideal to have one person per position in the union, in the interest of filling all positions, the three (3) Trustees shall be allowed to run for steward positions.

(e) The Recording Secretary will confirm nominees' acceptance of their nomination within a week after nominations close.

(f) Not less than 15 days prior to elections, the Recording Secretary shall notify the membership in writing by first class mail, or publication in the UE News (an LMRDA Federal requirement) of the names of candidates, the offices for which they have been nominated, excluding those who declined or who have failed to answer as provided in section 11 (e) above, the date of the election, and the time and place that the polls will be open. The election shall be held no earlier than 15 days from the date of notification.

(g) At the regular meeting of the Local, an Election Committee shall be of 2--3 members shall be nominated from the floor and elected. No candidate shall be a member of the Election Committee.

(h) The Election Committee shall conduct and supervise the Local election; determine, in accordance with the constitution, the eligibility of the nominees and of the members voting; decide upon the place or places and the time when the voting shall be held; prepare and distribute sample and regular ballots; count the ballots cast for each candidate; tabulate the number of persons who voted in the election, and the member blank and mutilated ballots. All ballots shall be kept under seal for no less than one (1) year following the election. The names of the candidates shall appear on the ballot in alphabetical order of their last names. All expenditures incurred by the Committee shall be subject to the approval of the Executive Board.

(i) The election of Local Officers shall be by secret ballot.

(j) Only members in good standing shall be allowed to vote in elections.

(k) The Chairperson of the Election Committee shall present at the regular local meeting in September, a written report of the results of the election. The report shall state the total number of ballots cast, the number of void, blank, and mutilated ballots, and the number of votes cast for each candidate for the respective offices. After the report has been made, the membership shall, after approving the report, discharge the Election Committee from its duties.

(l) Any challenge to the conduct or results of the election must be filed with the Recording Secretary within five (5) days after the official announcement of the election results. The Executive Board shall promptly investigate such challenge and make recommendation for its disposition at the regularly scheduled meeting or special meeting. The disputed office shall be filled in accordance with the decision of the membership, subject to the appeals procedure provided for in section 21 of this constitution.

(m) The terms of the old officers shall expire at the membership meeting in October, at which time their successors shall take office. All books, records, monies, and all other properties of the Local shall be delivered to the newly elected officers when they assume office.

ELECTION OF DELEGATES

Section 14. The election of delegates to the National Convention of The United Electrical, Radio, and Machine Workers of America and Regional Meetings shall occur by secret ballot upon at least 15 days written notice by first class mail or publication in the UE News to the membership.

VACANCIES IN OFFICE

Section 15. Vacancies in office shall be filled by nominations and elections at the next regular of the Local after the vacancy occurs upon at least 15 days written notice by publication in the UE News to the membership. Such election shall be by secret ballot.

MEMBERSHIP AND SPECIAL MEETINGS

Section 16.

(a) Membership meetings of the Local Union shall be once a month or as needed. Meeting dates will be posted at least one week ahead of time on the bulletin board.

(b) 5 members will constitute a quorum.

(c) Special meetings may be called by the Executive Board of the Local or, on petition, by 10 or more members for the transaction of any special or regular business. The notice shall state the business to be transacted at the meeting.

(d) Notice of special meetings shall be given to the membership by the Recording Secretary at least 24 hours prior to the special meeting.

DUES, INITIATIONS AND REINSTATEMENTS

Section 17.

(a) The dues shall be as follows:

--Those scheduled to work 30--40 hours per week (defined by the coop as full time employee) shall pay dues in an amount equivalent to a 1.25 hours wage per pay period.

--Those working less than 30 hours (part time employee) shall pay a percentage of gross wages. This percentage is 2.08%, not to exceed the amount of 1.25 hours at lowest pay rate per pay period..

b) The monthly (or bi-weekly) dues shall be automatically increased by a percentage that is no less than the average percentage of any negotiated general wage increase and/or cost of living increases. Such dues increases shall go into effect no later than the date of the wage and/or cost of living increases. (If a check--off system under the contract is in operation, dues are payable in accordance with the contract). Per capita shall be paid to the National Union in accordance with the National Constitution.

(c) Initiation fees shall be $5.00. New members shall be given copies of the Local Constitution.

(d) Local 255 will charge $1.00 per month for unemployment dues. (Members out on leave not getting paid by HMC) For each unemployment dues collected, $0.30 shall be forwarded to the office of the National Union. These unemployment dues will be collected by the Financial Secretary.

(e) Any member who shall fail to pay their current month's dues shall not be in good standing and shall be notified of such delinquency by the Financial Secretary. If such delinquent fails to place himself/herself in good standing within thirty (30) days after such notice, he/she shall be suspended.

(f) Upon request, a withdrawal card shall be issued to a member who is no longer working within the jurisdiction of the UER & MWA provided such member is in good standing at time.

DUTIES AND PRIVILEGES OF MEMBERSHIP

Section 16.

Each member shall agree to support the constitution of UE Local 255.

OFFENCES

Section 17. The Local shall have the right to discipline by suspension, or by expulsion any member of the Local who may be found guilty, after a hearing as hereinafter provided, of violation of the constitution and By--Laws, or the general good and welfare, of the Local, the Eastern Region Council, or the National Union.

TRIALS AND APPEALS

Section 18.

(a) If a member of the Local commits an offense against the Constitution and By-Laws, or the good and welfare of the Local, Eastern Region Council, or National Union, they shall be given an impartial trial by the Local. The offense for which they are charged shall be presented in writing to the Local by a member in good standing in the United Electrical, Radio and Machine Workers of America. The Local Recording Secretary shall give a copy of such charges to the accused member.

(b) A Trial Committee of three members shall be elected by the members present at the next regular membership meeting of the Local following the submission of the charges. The Trial Committee shall record the testimony and make recommendations as to the disposition of the case to the next regular membership meeting of the Local, which shall vote on the recommendations.

(c) The member preferring the charges and the accused shall have the right to appeal to the Eastern Region Council, and then to the General Executive Board of the United Electrical, Radio and Machine Workers of America, and from that body to the ensuing National Convention. The respective decisions of the Local, the Eastern Region Council and the General Executive Board shall be final until otherwise decided by the higher body.

(d) If a member of the Local commits the offence of engaging in raiding or secession activities, the following procedure shall be followed notwithstanding any other provisions of the National Constitution, or the Regional Constitution, or this Local Constitution. They shall be given an impartial trial by their Local Union. Such charges must be presented in writing by the member making the charges to the Local, of which the accused is a member. The member making the charges must be a UE member in good standing. A copy of said charges is to be given to the accused by the Local Recording Secretary. A decision on such charges shall be made by the Local not later than ten (10) days after the receipt of the charges by the Local. Either the member preferring the charges or the accused shall have the right to appeal to the Eastern Region Council, which Eastern Region Council shall have the power to elect from its body a committee to investigate the facts and hold hearings as deemed necessary. A decision of the Eastern Region or of the Eastern Region's Executive Board between meetings of the Council shall be rendered to appellant not later than seven days from the receipt of the appeal by the Eastern Region Council. Appeals can further be taken to the UE General Executive Board and from that body to the ensuing convention. The decision of any lower body shall be final until otherwise decided by a higher body. If a Local does not comply with the provisions of this section, the General Executive Board shall have the power to assume jurisdiction on such charges of raiding or secession pending before any Local.

STRIKES

Section 19. No strike shall be called by the Local without the General President, or the representative of the General President, having made an effort to adjust the dispute. It shall be the duty of the Local President or any other officer acting in that capacity to notify immediately the General President if a strike is proposed or pending. Any strike related to the negotiation of a new collective bargaining contract or the renewal of an existing collective bargaining contract and all contract settlements must be approved by a secret ballot vote of the membership of the Local. No representative of the United Electrical and Machine Workers of America (UE) shall negotiate alone with the employer.

DEFENSE FUND

Section 20. $1.00 multiplied by the monthly per capita number per month shall be placed to the credit of the Local's Defense Fund. This fund shall be used by the Local for defense purposes only. The Financial Secretary shall recommend an appropriate percentage to be voted on by the board.

AMENDMENTS

Section 21.

(a) Any member in good standing of the Local, may, with the written endorsement of 5 members in good standing of the Local, submit proposed amendments to this Constitution, which amendments shall be submitted in writing to the Executive Board.

(b) The member submitting the amendment must state the Article and Section of the Constitution sought to be amended.

(c) The Local Executive Board shall report the proposed amendment to the regular Local meeting within thirty (30) days after the proposed amendment has been received. The Executive Board shall make its recommendations on the proposed amendment to the membership. At least 7 days prior to the meeting on the voting of the proposed amendment, the Recording Secretary shall send to the membership copies of the proposed amendment. The proposed amendment shall become part of this Constitution by a majority vote in favor of the proposed amendment of the members present at the meeting, provided such amendment does not conflict with the Constitution of the Eastern Region or the National Union.

-END-