BYLAWS TEAMSTERS - LOCAL UNION NO. 988

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Article 25 - Payment of Employees Wages, Expenses, Allowances, Benefits
Article 26 - Charges and Trials
Article 27 - Protection of Representatives
Article 28 - Exhaustion of Remedies
Article 29 - Savings Clause
Article 30 - Amendments
Article 31 - Fiscal Year
Article 32 - Standing Rules for Union Meetings
Article 33 - Bylaw Adoption
Article 34 - Membership Knowledge

ARTICLE 25 - PAYMENT OF EMPLOYEES WAGES, EXPENSES, ALLOWANCES, BENEFITS

Section 1. Recognizing that the Officers, Representatives, and employees of this organization do not work regular scheduled hours and receive no compensation for overtime or premium pay; also recognizing that such individuals are required to travel varying distances on various business in connection with their duties the Local Union shall provide for lodging, meals, cab fares, and other incidental expenses that are incurred by them in connection with their duties and responsibilities. Depending upon the city or area to which they travel, such amounts may be determined by the costs incurred thereof. It is also understood and recognized that they must participate in cultural, civic, legislative, political, fraternal, educational, charitable, social, and other activities in addition to their specific duties as provided in the International Constitution and these Bylaws and that such activities benefit the organization and it's members; that the time spent in such activities is unpredictable and unascertainable, such Officer, Representative, and employee will be granted, in connection with their duties and in their participation in things that benefit this Local Union both directly and indirectly, an allowance both for in-town work and respectively which in the case of out-of-town work shall include an allowance for compensation for ;the necessity of such Officers, Representatives, or employees to travel away from the home domicile, in addition to the allowance, hotel, meals, and other expenditures shall be paid by the Local Union in such amounts daily, weekly, or monthly as the President may determine and there shall be no need to make a daily, weekly, or monthly accounting to the Local Union's General Membership for such allowances. Such allowances are subject to review by the Executive Board of this Local Union to establish changes that may be necessary. In addition to the allowances set forth herein all Officers, Representatives and employees may be reimbursed for or credit provided for, all other expenses incurred in connection with their activities.

Section 2. When an Officer, Representative, or employee of this organization is engaged in activities in the interests of or for the benefit of this organization and it's members the Local Union shall pay the expenses incurred therein, or reimburse the Officer, Representative, or employees upon receipt of itemized voucher or statement from that person or the supplier of such services.

Section 3. The Local Union may provide it's representatives with automobiles, if the Local Union funds permit, or in lieu thereof, they shall be paid an allowance for the use of personal automobiles in such amounts or at such rates as shall be determined by the President.
In such instances where the Local Union either provides an automobile or provides an allowance for the use of the automobile, it is recognized that such Officers, Representatives, or employees shall be permitted private use of such car on an around-the-clock continuous basis, including private use when the car is not required for Local Union business. Accordingly, the Local Union in addition to the allowance provided for the use of the automobile may provide, but is not limited to the following: insurance, fuel, up keep, and repairs. The President is empowered to buy, sell, exchange, or lease automobiles or arrange financing thereof in behalf of the Local Union from time to time, provided that in his opinion the Local Union funds permit

Section 4. The President, with the approval of the Executive Board, may from time to time provide additional fringe benefits for Officers, Representatives, and employees of this organization, including but not limited to such fringe benefits as vacations with pay and expenses thereof, holidays, sick leave, time off for personal leave, and in connection therewith any disability or sickness, health and welfare, and retirement benefits and activities and facilities relating thereto, and may from time to time provide changes therein as well as additional compensation and allowances.

ARTICLE 26 - CHARGES AND TRIALS

Section 1. Each member of this Local Union shall have the right to fair treatment in the application of union rules and laws in accordance with the International Constitution and the Bylaws. In applying the rules and procedures relating to union discipline, the essential requirement of due process of law (notice, hearings, and judgement based upon the evidence) shall be observed without, however, requiring the technical formality followed in the courts.

Section 2. Members shall have the right to be represented by any member in good standing of the Local Union; but no lawyers shall be permitted to appear on behalf of members in internal union trials.

Section 3. Recognizing that these requirements of fairness and due process of law will be administered by groups of laboring men and women, this Local Union adopts the following procedures with specific understanding that the following procedural guides are designed to attain justice both to the individual member and the organization and in instances where deviations from such procedures are not of such substantiality to affect the member's substantive rights these procedures are not to constitute technically precise requirements of strict pleadings of a court of law.

Section 4. Members and Officers of this Local Union may be charged only with the offenses specified in the international Constitution and these Bylaws, and shall be tried in accordance with the procedures specified in the International Constitution.

Section 5. Officers may be charged only with the offenses defined in the International Constitution, or with "serious misconduct". "Serious Misconduct" of an Officer shall be defined as:
a. Willful failure to hold money and property of the Local Union solely for the benefit of the Local Union and it's members or to manage, invest, and expend the same in accordance with these Bylaws or any resolutions or directions of the Executive Board or the Membership;
b. Dealing with this Local Union as an adverse party in any manner connected with his duties;
c. Failure to account, after written request for accounting is made by members in good standing for any profits received by him in connection with transactions conducted by him or under his direction on behalf of the organization;
d. Advocating or engaging in dual unionism or session of fostering the same;
e. Willfully and wrongfully fails to make any reports by statute to be filed by him or on behalf of the Local Union, or will fully and wrongfully takes or retains any money, books, records, papers, or other property belonging to this Local Union;
f. Willfully makes a false entry in, or willfully conceals, withholds or destroys any books, records, reports or statements required by statutes to be kept by him for and on behalf of this Local Union;
Any transaction of an Officer shall be considered solely for the benefit of the Local Union and it's members if it promotes or tends to promote the purposes and objects set forth in Article 1 of these Bylaws, or is in furtherance of such cultural, civic, legislative, political, fraternal, educational, charitable, welfare, social or other objectives as may be determined by the Executive Board or the membership.

Section 6. The procedure specified in the International Constitution shall govern all trials and appeals. The requirements of the International Constitution and of fairness and due process will be attained by substantial adherence to the following:
a. Charges shall be filed in writing in duplicate with Secretary-Treasurer of this Local Union setting forth detailed information required in subsection c. below.
b. The specific details of the conduct or activities charges and the nature of the offense allegedly committed shall be given in the charges, with names, dates, and places where possible, and the section or Sections of the International Constitution or these Bylaws alleged to have been violated.
c. Either verbatim minutes, mechanical recordings, or a court reporter's transcript of the testimony and evidence should be kept.
d. The accused party shall have the right to confront and cross examine witnesses giving testimony against the person.
e. The trial board should give to the accused full opportunity to make a defense and to produce testimony or documentary evidence for that purpose.
f. The decision of the trial board should recite the facts which it finds to be true and should also set forth the basis for the decision reached.
g. All documents in the proceedings as well as summaries of evidence or stenographic minutes shall be preserved and kept available for use in further proceedings in the Union.
h. It should always be understood that every accusation must be supported by proof.

ARTICLE 27 - PROTECTION OF REPRESENTATIVES

Section 1. The Labor-Management Reporting and Disclosure Act of 1959 may subject our Officers, Representatives, Agents and employees to civil suits and criminal prosecution in numerous situations and the language of said Act is so replete with uncertainty and ambiguity that even experienced labor lawyers cannot tell us what is permitted and what is prohibited under certain sections. In addition, we believe that the law is an open invitation to sue and prosecute and will result in trade union officers, agents, representatives, and employees being forced to defend themselves in many cases that lack merit.

Section 2. Because of the foregoing, this organization shall insofar as permitted by law to pay or reimburse for payment of all reasonable expenses involved in the defense of civil and criminal proceedings instituted against our officers, and authorized representatives, agents, and employees including the fees of attorneys, subject to the following condition:
"It must appear that the proceedings arose or grew out of the performance of their duties for and on behalf of this organization."

Section 3. The Executive Board is authorized, empowered, and directed to;
(a). determine if cases meet the standard specified above, and
(b). decide what amounts are reasonable, and
(c). pay or reimburse for the payment of such expenses.

ARTICLE 28 - EXHAUSTION OF REMEDIES

No member of officer of this Local Union shall resort to any court or agency outside this Local Union or the International Union unless and until he has exercised all rights as a member and all avenues of relief and appeals as provided by the International Constitution or these Bylaws have been exhausted by the member, unless otherwise provided by statute.
Provided further, that any member, officer, or employee who shall before or following exhaustion of all remedies provided for within the International Constitution and the Bylaws of this Local Union resort to a Court of Law and lose his or her cause therein, all costs, expenses, and attorney's fees incurred by the Local Union shall be assessed against said individual or individuals in the nature of a fine subject to all penalties applicable where fines remain unpaid, including but not limited to suits and/or expulsion where said fine remains unpaid.
Said assessment shall be made by the Executive Board of this Local Union after notice and opportunity to be heard in hearing first accorded such members, officers or employees.

ARTICLE 29 - SAVINGS CLAUSE

Section 1. The provisions of these Bylaws relating to the payment of dues, assessments, fines, or penalties, etc., shall not be construed as incorporating in any union-security contract those requirements for good standing membership which may be in violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. however, all financial obligations imposed by or under the International Constitution and these Local Union Bylaws (and in conformity therewith) shall be legal obligations of members upon whom imposed and enforceable in a court of law.

Section 2. If any provision or provisions of these Bylaws are declared invalid or inoperative by any competent authority of the Executive, Judicial, or Administrative branch of Federal or State governments, the Local Union's Executive Board shall have the authority to suspend the operation of such provisions during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision or provisions. If any Article or Section of these Bylaws should be held invalid or the application of such Article or Section to be invalid, by operation of law or by any tribunal of competent jurisdiction, the remainder of these Bylaws and Constitution shall not be affected.

Section 2. Where used in these Bylaws, words in the masculine also shall be read and construed as in the feminine in all cases such construction would apply.

ARTICLE 30 - AMENDMENTS

Any member may propose amendments to these Bylaws. The proposed amendment shall first be submitted to the Executive Board of this Local Union in writing, plainly and distinctly specifying the amendment proposed and the purpose thereof. The Executive Board shall meet and consider said proposed amendment within a reasonable time and shall advise the sponsor or sponsors of the amendment, within a reasonable time whether they approve or disapprove of such amendment. the sponsors of this amendment, may present the same to the membership at the next regular meting to be voted on at the following meeting after notice is posted to that effect.
Provided further, the Executive Board shall have the right and power to make proposed amendments to these bylaws which may be proposed, read, and voted upon at a special meeting called for such purpose or at a General Membership meeting, when advance notice to the membership is given stating the nature of the amendment. Amendments approved by a majority vote of the members, present and voting, shall be sent to the office of the General President for approval and shall take effect immediately upon receipt of approval by the Local Union.

ARTICLE 31 - FISCAL YEAR

The fiscal year of this organization shall be from January 1st to December 31st of each calendar year.

ARTICLE 32 - STANDING RULES FOR UNION MEETINGS

Rule 1. The regular order of business may be suspended by vote of the meeting at any time to dispose of anything urgent.

Rule 2. The Chairman of the meeting shall enforce these rules and regulations and may direct that members be removed from meetings for violation of these rules.

Rule 2. Any conversation, by whispering or otherwise, or any other activity which is calculated to disturb or may have the effect of disturbing a member while speaking or disturb the conduct of the meeting or hinder the transaction of business, shall be deemed a violation of order.

Rule 4. Attending meetings under the influence of liquor or drugs, etc. is a basis for removal.

Rule 5. All business done in the Local Union shall be strictly secret to all outside the Local Union, unless authorized by the President.

Rule 6. When a member wishes the floor, he or she shall rise and respectfully address the Chair, and if recognized by the Chair he or she shall state their name and place of employment.

Rule 7. If two (2) or more members rise to speak, the Chair shall decide which is entitled to the floor.

Rule 8. Every member, while speaking, shall adhere to the question under debate, avoid all personality and indecorous language, as well as any reflection on the Local Union or any member thereof, but all members shall have the right to express their views, arguments and opinions upon candidates and upon any business properly before the meeting.

Rule 9. No member shall interrupt another while speaking, except to call a point of order and definitely state the point of order. The Chair shall decide the same without debate.

Rule 10. Any member, while speaking, being called to order by another and at the request of the Chair, shall cease speaking and be seated until the question of order is determined.

Rule 11. If any member shall feel personally aggrieved by a decision of the Chair, may appeal from the decision to the meeting without debate.

Rule 12. When an appeal is made from the decision of the Chair, said appeal shall be stated by the Chairman to the meeting, in these words: "Shall the decision of the Chair be sustained as the decision of the meeting?". The member taking the appeal will have the right to state the grounds of the appeal, and the Chair will have the right to state the reason for the decision. Thereupon, the members will proceed to vote on the appeal without debate and it shall require a majority vote to overrule the decision of the Chair.

Rule 13. No member shall speak more than once on the same question until all the members wishing to speak have had the opportunity to do so; nor more than twice without permission of the Chair; nor more than five (5) minutes at one (1) time.

Rule 14. All resolutions and motions, other than the first (1st) six (6) listed in Rule Eighteen (18), or to accept, or adopt the report of a committee, shall be reduced to writing, by the Recording Secretary, before the President states the same to the Local Union.

Rule 15. In presenting a motion, brief statement of it's object may be made, but no discussion of it's merits shall be admitted until the question is stated by the Chair.

Rule 16. Any member may call for a division of the house on a question when the subject matter or to determine the sense of the vote thereof.

Rule 17. All votes, other than amendments to these Bylaws or Rules of Order, may be considered at the same or next succeeding meeting, upon a motion made and seconded by two (2) members who voted in the majority, provided the Local Union agrees thereto; but after a motion to reconsider has once been lost it shall not be renewed.

Rule 18. The following motions shall have precedence in the following order:
1st, to adjourn,
2nd, to close debate,
3rd, to take up the previous motion,
4th, to table the motion,
5th, to postpone indefinitely,
6th, to postpone to a definite time;
7th, to refer;
8th, to amend;
The first four (4) motions shall be decided without debate.

Rule 19. The following motions are not debatable;
1st, to adjourn,
2nd, to table the motion,
3rd, to take up the previous motion,
4th, to close debate,

Rule 20. When a motion is postponed indefinitely it shall not come up again, except upon a majority vote.

Rule 21. The motion to close debate may be made by two (2) members, and shall be put in this form: "Shall the debate now close?". If adopted, the President shall proceed to take up the question before the membership, according to priority, without further debate.

Rule 22. The call for the previous motion on the original motion may be made by six (6) members and shall be put in this form; "Shall the main question be now put?". If adopted, the effect shall be to take up the question on the original motion to the exclusion of all debate and all amendments which have not been previously adopted.

Rule 23. If proper motion to amend has been made, the question on the amendment shall be put first, if more than one (1) amendment has been offered, the question shall then be put as follows:
1st. Amendment to the amendment;
2nd. Amendment;
3rd, Original proposition.

Rule 24. A motion to adjourn shall always be in order, except;
1) When a member has the floor;
2) When the members are voting.

Rule 25. The Chair shall state every question coming before the Local Union before permitting the opening of debate thereon. Immediately before putting it to a vote, the Chair shall ask: " Is the Local Union ready for the question?". Should no member rise to speak on the question, or if a majority shall vote to close discussion, the Chair shall put the question to the vote. After the Chair has risen no member shall be permitted to speak further upon the question.

Rule 26. When the presiding officer has commenced taking a vote, no further debate or remarks shall be allowed unless a mistake has been made, in which case the mistake shall be rectified and the presiding officer shall recommence taking the vote.

Rule 27. Every member present shall vote on all questions before the Local Union unless personally interested. Motions to excuse a member from voting shall be put without debate.

Rule 28. When a motion has been declared carried or lost, any member, before the Local Union proceeds to other business, may call for a count of the "Yeas" and the "Nays", but such count request cannot be called for unless the demand was made before the Chair has put the question.

Rule 29. A count of the "Yeas" and "Nays" may be called for by two (2) members and the vote shall be taken upon the assent of one-third (1/3) of the members present.

ARTICLE 33 - BYLAW ADOPTION

Upon their adoption, these Bylaws shall cancel, void, and supercede all previous Constitutions and Bylaws of this Local Union and shall be the only Bylaws of this Local Union.
The original Bylaws of Teamsters Local Union 988 were adopted by vote of the membership on April 19, 1975 and amended by vote of the membership on February 16, 1986 and additional amendments were voted and approved by the membership on ____________________.
Bylaw Committee, appointed and approved March 15, 1992:
Working and in conjunction with the Executive Board of Teamsters Local Union 988.
Original referendum vote: April 4, 1975. Originally adopted by membership: April 19, 1975.

ARTICLE 34 - MEMBERSHIP KNOWLEDGE

All members shall acquaint themselves with all rules and regulations as provided in these Bylaws, as ignorance of said Bylaws shall constitute no excuse for violation of the same.

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Disclaimer: The content provided herein should be used only as a reference, as such the document used to create this content was not obtained directly from the Local and may contain errors and/or omissions. Actual verification should be derived from Local Union 988.