Utility Workers Union of America Affiliated with AFL-CIO
Local 127 — Constitution
As Amended Through July 2016 · Casper, Wyoming
Local 127 Constitution (PDF)PREAMBLE
WE, the members of Local 127, Utility Workers Union of America, AFL-CIO, realize that the struggle to better our working conditions is in vain unless we are united to protect ourselves collectively against organized forces of the employers;
WE, are fully aware that constantly changing economic conditions demand an organization which unites workers on an industrial basis, with rank and file control, regardless of craft, race, creed, color, sex, age, national origin, or political belief, subject, however, to the policies, rules, and the Constitution of the Utility Workers Union of America, AFL-CIO;
WE, recognize the necessity of labor taking an active interest and participation in political, educational, legislative, and other governmental and community affairs, so that we can obtain the maximum advancement and protection of our wages, hours, working and other conditions of employment; to safeguard these achievements for our families; and, to secure our objectives for the benefit of our friends, our great Nation, and the public generally;
WE, pledge ourselves to work together for the principles set forth herein; to perpetuate our Union on the basis of industrial solidarity, justice, and democracy; to expound its objects; to work unceasingly for the general adoption of its principles; and, to constantly endeavor to bring about a higher standard of living for ourselves and all working people;
WE, further pledge that the full strength and power of our collective organization will be utilized to the utmost limits to ensure a peaceful, free, and democratic America in order to guarantee freedom from poverty, privation, and discrimination of any kind.
ARTICLE I — NAME AND AFFILIATION
SECTION 1: This organization shall be known as Local 127, a duly chartered affiliate of the Utility Workers Union of America, AFL-CIO.
SECTION 2: Local 127 shall always remain affiliated with the Utility Workers Union of America, AFL-CIO.
SECTION 3: Local 127, Utility Workers Union of America, AFL-CIO, may affiliate with any Regional, State, or County Council or Federation, or with any other organization approved or endorsed by the Utility Workers Union of America, AFL-CIO, or the American Federation of Labor and the Congress of Industrial Organizations, but without commitment that it will continue such affiliation indefinitely. A decision to either affiliate or to disaffiliate with any said Council or Federation shall be made by a two-thirds (2/3) secret ballot vote of the membership, in good standing, present and voting at a regular or special meeting called for that specific purpose after due notice has been given the membership, or by mail referendum, or by any other form of referendum.
ARTICLE II — OBJECTIVES
SECTION 1. To unite in this union, regardless of craft, race, creed, color, sex, national origin, age, or political belief, all workers eligible for membership.
SECTION 2. Through united action, to protect, maintain, and advance the common interests of the members, to create better working conditions, to promote higher standards of living, and to secure legislation favorable to the members.
SECTION 3. To secure legislation safeguarding the economic security and social welfare of our members; to protect and extend to our democratic institutions, civil rights and liberties; to engage in all activities that will assist us to achieve our collective bargaining and other legitimate trade union objectives; and thus, to perpetuate the cherished traditions of our democracy.
ARTICLE III — MEMBERSHIP
SECTION 1. The membership of this Local shall be comprised of employees who are engaged in work in the territory over which this Local has been granted jurisdiction and who are eligible for membership under the Constitution of the Utility Workers of America, AFL-CIO.
SECTION 2. All applicants for membership will be required to sign an application for membership card, pay an initiation fee of twenty-five ($25) dollars, and dues as established. Upon being received into the Local, membership shall be effective the date the application, initiation fee or reinstatement fee, and first month’s dues are received by the Local. In order to facilitate the collection of dues, it shall be the policy of the Local to have all members subscribe to the practice of having their dues deducted from their paychecks.
SECTION 3. The monthly dues of this Local Union shall not be greater than 2 hours per month of each member’s regular hourly rate nor shall it be less than 1.5 hours per month of each member’s regular hourly rate. The necessity for the minimum (1.5 hours wages) or the maximum (2 hours wages) shall be determined by a majority vote by the Membership of the Local at its Regular Meetings in accordance with the financial needs of the Local. (2014)
SECTION 4. The Local Union shall pay to the National Secretary-Treasurer on or before the fifteenth (15th) day of each month, for the preceding month, a per capita tax as determined by the National Constitution.
SECTION 5. Any member who works less than eleven (11) days in a calendar month is entitled to be exonerated from payment of dues for that month, provided that application for exoneration is made in writing to the Local Union Financial Secretary-Treasurer no later then the final day of the month under consideration. The application must set forth the circumstances used to justify the exoneration. The Financial Secretary-Treasurer will submit the application to the Executive Board at its next meeting for approval and, unless approved, the exoneration will not be granted.
SECTION 6. A special Defense Fund shall be established for the purpose of providing legal defense and strike assistance in economic actions with or against employers. The fund shall be financed by setting aside a minimum of $1 per member per month of the amount paid as regular monthly dues. The actual amount to be set aside shall be determined by a Defense Fund Committee established to administer such funds. The committee shall distribute funds for picket duty, insurance coverage, and operation of the Union. The amount of picket duty money to be paid shall be determined by the Defense Fund Committee.
The Local 127 Union hall is an asset of the Local 127 Defense Fund and shall be maintained as such. Building improvements or maintenance costs which exceed one thousand ($1,000) dollars, shall be approved by a majority of the membership, in good standing, present and voting at the regular monthly membership meeting.
Defense Fund monies may be transferred to the General Fund by a two-thirds (2/3) vote of the membership, in good standing, present and voting at a regular or special meeting called for that specific purpose after due notice has been given the membership, or by mail referendum, or by any other form of referendum. Such transfer of money shall be considered a loan and shall be repaid in monthly installments. No more than thirty (30) percent of the Defense Fund may be transferred to the General Fund under this provision.
SECTION 7. Any member whose dues shall fall three (3) months in arrears shall be duly notified in writing at their last known address by the Financial Secretary-Treasurer and given thirty (30) days in which to rectify the delinquency. Should the delinquent member fail to rectify the delinquency before the expiration of the grace period, the Executive Board is empowered to suspend such member from all rights and privileges of membership.
SECTION 8. The reinstatement fee of this Local Union is twenty-five ($25.00) dollars, a portion of which shall be forwarded to the National Secretary-Treasurer in accordance with the next per capita tax report. Any member suspended for non-payment of dues may make application for reinstatement to the Financial Secretary-Treasurer, and after approval by the Executive Board, may be reinstated by payment of the reinstatement fee and payment of the current month’s dues. The Executive Board may grant certain worthy exceptions when considering reinstatement of delinquent members, if in its judgement, such exceptions are deemed expedient to reinstatement in the best interests of the Union. (2016)
SECTION 9. No assessment shall be levied upon the membership without prior approval of the National Executive Committee. Before making application for such approval, the membership of Local 127 must authorize the assessment by a secret ballot election conducted after due notice has been given and in which election a two-thirds (2/3) majority of the membership, in good standing, present and voting at a regular or special meeting called for that specific purpose after due notice has been given the membership, or by mail referendum, or by any other form of referendum.
SECTION 10. All contracts and supplements thereto entered into by the Local 127 shall be between the Employer and the Utility Workers Union of America, AFL-CIO, for and on behalf of Local 127, and cannot become effective unless, and until, they are ratified by a majority of the membership, in good standing, present and voting by secret ballot at a regular or special meeting called for that specific purpose after due notice has been given the membership, or by mail referendum, or by any other form of referendum. Only members employed under the Collective Bargaining Agreement being ratified shall be allowed to vote on the Agreement, renewal of Agreement, or supplemental Agreement.
ARTICLE IV — MEMBERSHIP MEETINGS
SECTION 1. Regular membership meetings shall be held at least once a month in Casper/Glenrock, Rock Springs, and Gillette and shall comprise the "regular membership meeting" as referred to in this Constitution. The Casper meeting will alternate with the Glenrock meeting. A regular membership meeting shall be held at least semi-annually in Thermopolis. Five (5) days notice, posted on all Union bulletin boards, shall be given of all regular membership meetings or any change thereof. District meetings may also be scheduled at the direction of the President or Executive Board as deemed necessary and essential to the proper consideration, discussion, judgement, and decision of the membership in the best interest of the Union.
SECTION 2. Special membership meetings shall be called by the President, when in his/her judgement the need arises, or when so instructed by a majority of the members of the Executive Board, or upon written request of ten (10) or more members in good standing submitted to him/her. Notice of any special meeting shall be given to all members in good standing, not less than twenty-four (24) hours before the date of said meeting, and the notice shall specify the purpose of the meeting. No other business except that specified in the notice shall be transacted at such meeting. Notice of special meetings shall be posted on all bulletin boards accessible to the Union and shall set forth all information. No special meeting shall replace a regular meeting.
SECTION 3. Twelve (12) members, with the exception of the Wyodak (Gillette) and Thermopolis meetings which shall require five (5) members, in good standing, shall constitute a quorum for the official transaction of business at any regular membership meeting. No business shall be transacted unless this quorum is present at all times during the meeting. The President, or his/her representative, shall conduct an information meeting in the event that a quorum is not present.
SECTION 4. All meetings shall be concluded in two (2) hours or less unless the time is extended by a two-thirds (2/3) vote of the members present.
SECTION 5. All regular membership meeting times shall be established by the membership at the location where the meeting is held. If a quorum is not present by 15 minutes after the posted starting time of said meeting, the meeting shall be cancelled.
ARTICLE V — OFFICERS, AREA REPRESENTATIVES, EXECUTIVE BOARD STEWARDS, ASSISTANT STEWARDS, AND DELEGATES
SECTION 1. The elected officers of Local 127 shall be President, Executive Vice President, Recording Secretary, Financial Secretary-Treasurer, Casper Service Center Area Representative, Dave Johnston Area Representative, Jim Bridger Area Representative, East Power Distribution Area Representative, West Power Distribution Area Representative, Wyodak Area Representative, and five (5) Trustees. Area Representative positions may be added or deleted, as it becomes necessary due to changes in jurisdiction. Any such changes must be approved by a majority vote of the Executive Board. (2016)
SECTION 2. The officers of Local 127 shall serve for a term of two (2) years, unless removed for cause, or until their successors have been elected and installed in office.
The President, Recording Secretary, Casper Service Center Area Representative, Jim Bridger Area Representative, West Power Distribution Area Representative, and three (3) Trustees will be elected in even numbered years. (2016)
The Executive Vice President, Financial Secretary-Treasurer, Dave Johnston Area Representative, East Power Distribution Area Representative, Wyodak Area Representative, and two (2) Trustees will be elected in odd numbered years.
SECTION 3. Executive Board Stewards shall serve for a term of two (2) years. They shall be elected by plurality vote of the members they represent; and an alternate Executive Board Steward shall be elected in the same manner.
Executive Board Stewards from Big Horn Basin South, Dave Johnston Plant Fuel Handling, Dave Johnston Plant Maintenance, Jim Bridger Plant Maintenance Inside, Jim Bridger Plant Operations, Rawlins District, Rock Springs District, Rock Springs Power, Wyodak Plant Operations, Wyodak Plant Dayshift Workers, and Wyoming Engineering & Estimating shall be elected between September 1 and September 15 in even numbered years.
Executive Board Stewards from Big Horn Basin North, Casper Auto, Meter & Stores, Casper District Line Department, Casper Power Department, Dave Johnston Plant Operations, Jim Bridger Plant Fuel Handling, Jim Bridger Plant Maintenance Outside, Wind River District, and Wyoming Clerical shall be elected between September 1 and September 15 in odd numbered years.
Steward positions, other than Executive Board Stewards, shall be called Assistant Stewards. These Assistant Stewards shall report directly to the Executive Board Steward in their area. Assistant Stewards shall serve a term of one year and shall be elected by plurality vote of the members they represent between November 1 and November 15. The Executive Board Steward in that area will conduct these elections.
Executive Board Steward and Assistant Steward positions and areas of representation may be added or deleted, as it becomes necessary due to changes in jurisdiction. Any such changes must be approved by a majority vote of the Executive Board.
SECTION 4. Delegates to the National Convention of the Utility Workers Union of America, AFL-CIO other than the President and Executive Vice President, shall be elected by secret ballot at a regular or special membership meeting after the official call has been received and read to the membership. The President shall issue a notice in accordance with the provisions of the Labor-Management Reporting and Disclosures Act of 1959, stating that said Delegates will be elected by secret ballot. Delegates to be elected must receive a plurality vote of members present and voting. After receipt of the official call the Executive Board shall decide the number of delegates to be elected.
SECTION 5. Local 127 will send at least one (1) delegate to the Fifth (5th) Regional Conference. He/she shall be the President or his/her alternate. The Executive Board may elect to send additional delegates to any bona fide conferences.
SECTION 6. Delegates to a Central Labor Council or State Federation shall be appointed by the President, subject to the approval of the Executive Board.
SECTION 7. Delegates who are absent from meetings of the body to which they have been elected or appointed, without satisfactory excuse, shall have their position declared vacant by the Executive Board.
SECTION 8. The President or his/her alternate shall be a delegate to the Pacific Employees Benefit Council.
ARTICLE VI — NOMINATIONS, ELECTIONS, AND VOTING
SECTION 1. Any member in good standing is eligible for office unless excluded by these Bylaws, the National UWUA Constitution, or by Federal or State laws. Members may not accept nomination for and/or hold more than one office. The only exception shall be that Trustees may concurrently hold an Executive Board Steward or Assistant Steward position.
(a) To be eligible for nomination and election for Casper Service Center Area Representative, a Candidate must be a Union Member employed in a classification at the Casper Service Center and receive the highest number of votes from the Casper Service Center. (2016)
(b) To be eligible for nomination and election for Dave Johnston Area Representative, a Candidate must be a Union Member employed in a classification at the Dave Johnston Plant and receive the highest number of votes from the Dave Johnston Plant.
(c) To be eligible for nomination and election for Jim Bridger Area Representative, a Candidate must be a Union Member employed in a classification at the Jim Bridger Plant and receive the highest number of votes from the Jim Bridger Plant.
(d) To be eligible for nomination and election for the Wyodak Area Representative, a Candidate must be a Union Member employed in a classification at the Wyodak Power Plant and receive the highest number of votes from the Wyodak Power Plant.
(e) To be eligible for nomination and election for East Power Distribution Area Representative, a Candidate must be a Union Member employed in a classification in East Power Distribution and receive the highest number of votes from East Power Distribution. East Power Distribution is the area from the Wyoming – Montana border East of Interstate 25 to Casper WY, East of Route 220/287 to Rawlins WY. It includes the City of Casper WY.
(f) To be eligible for nomination and election for West Power Distribution Area Representative, a Candidate must be a Union Member employed in a classification in West Power Distribution and receive the highest number of votes from West Power Distribution. West Power Distribution is the area from the Wyoming – Montana border West of Interstate 25 to Casper WY, West of Route 220/287 to Rawlins WY.
SECTION 2. Nominations for officers shall be made at the regular membership meetings in August in the year the particular office is to be filled, and the election will take place in September by a mail secret ballot. The order of nominations shall be President, Executive Vice-President, Recording Secretary, Financial Secretary-Treasurer, Casper Service Center Area Representative, Dave Johnston Area Representative, Jim Bridger Area Representative, East Power Distribution Area Representative, West Power Distribution Area Representative, Wyodak Area Representative, and five (5) Trustees. Nominations shall be made from the floor and may also be made by a written proxy statement presented to the presiding officer at such meeting. A written proxy statement shall also be accepted via mail or email (submitted to the UWUA Local 127 Office) from a current member in good standing, provided it is received prior to the close of nominations at midnight on August 15th. Acceptance of nominations may be made by a written proxy statement delivered to the Recording Secretary within five (5) days of the close of nominations. (2016)
The Nomination Proxy shall contain a preliminary statement as follows:
"I, the undersigned member of Local 127, in good standing, do hereby nominate (name of candidate) for the office of (name of office)."
_________________________________ Signed (Nominator) (Date)
The Acceptance Proxy shall contain a preliminary statement as follows:
"I (name of candidate), do hereby declare my acceptance of the nomination for the office of (name of office)."
_________________________________ Signed (Name of Candidate) (Date)
The member nominating or the member accepting the nomination shall print their name and sign the appropriate proxy statement, which may or may not be on the same form. (2016)
SECTION 3. The membership of the Local, in accordance with the Labor Management Reporting and Disclosure Act of 1959 as amended, shall be notified of the pending nominations and elections of officers by mail at their last known address at least fifteen (15) days prior to the nominations and elections, and by posting on all approved bulletin board in the work places of all members at least fifteen (15) days prior to the nominations and elections.
The notice must contain the name of the offices to be filled by election, the time and date for submitting nominations, and the proper form for submitting nominations whether, i.e., whether by written proxy or orally from the floor. The notice shall also indicate that the election ballots will be mailed to each member during the month of September in order that each member may cast a ballot for the candidates of their choice.
SECTION 4. Each member who is nominated for a given office must, within five (5) days following the close of nominations, make known to the Recording Secretary in writing that he/she accepts or declines the nomination. Members who cannot attend the meeting may accept nomination by written proxy delivered to the Recording Secretary at the August meeting or via mail or email (submitted to the UWUA Local 127 Office) within five (5) days following the close of nominations. Any candidate or candidates nominated and having no opposition shall be declared elected to their respective offices, with the Election Board Chairman casting the singular vote necessary to validate their election. (2016)
SECTION 5. The President shall appoint an Election Board consisting of not less than three (3) members following the close of nominations. This Board shall have charge of the conduct of the election, which shall include the mailing of ballots to all eligible members, allowing reasonable opportunity for the ballots to be received, voted, and returned in accordance with the mailing instruction of the Election Board. It shall be the responsibility of the Board to take every precaution necessary to guarantee the secrecy of the ballot, and to count all valid ballots (except when a candidate is running uncontested, where as, one valid vote shall constitute that candidates election), to tabulate the final results, and to publish and make them known as soon as possible. All ballots and any other records pertaining to the election shall then be turned over to the Recording Secretary who shall preserve them for one (1) year. No candidate for office or incumbent Executive Board Officer shall serve on the Election Board or in any other manner whatsoever take part in the conduct of the election. (2016)
The Recording Secretary will cooperate with the Election Board so that they shall receive a certified list of each eligible voter and sufficient ballots and envelopes to conduct the election as follows:
(1) Not later than ten (10) days following the September membership meeting, one official ballot shall be mailed to each and every member of Local 127; and,
(2) Ballots shall indicate that the President and Executive Vice President are also being elected as Constitutional Convention Delegates.
(3) The envelope addressed to each member shall contain one ballot, a plain envelope in which the voter encloses his/her ballot after he/she has cast his/her vote, another envelope addressed to Local 127 for use in returning the ballot to Local 127 at an address so designated and within the time limits specified.
(4) The Election Board shall adopt such rules as are consistent with having a reasonable opportunity for members to receive, cast, and return the ballots, and shall take every reasonable precaution to guarantee the honesty and secrecy of the vote.
SECTION 6. On a date established by the Election Board following the close of elections, but no later than the regular membership meeting for October, the Election Board will check the ballot return envelope against the certified voting list, open the return envelope containing the ballot, and deposit it in a common receptacle until all voted ballots have been removed from the return envelopes. The Election Board will then open the secret ballot envelopes, withdraw the ballots, and make the official count. The results of the voting for each officer shall be reported to the President before the adjournment of the October meeting and certified by the Election Board; the President shall forthwith announce the number of votes received by each candidate. All records pertaining to the election shall be turned over to the Recording Secretary who shall preserve them for one (1) year.
SECTION 7. The candidate receiving the highest number of valid votes shall be declared the elected officer in the office for which he/she was a candidate. In the event of a tie vote, a run-off election will be conducted as soon as possible. The terms of office shall start at the October Executive Board meeting. The retiring President, or a qualified person designated by him, shall give the “oath of office” and install the new officers. Elected officers who are not present at the time the installation occurs will be considered as having taken the oath “in absentia” and it shall be binding and in full force and effect as though they had been present.
SECTION 8. In the event of a vacancy in any office, except that of President, by reason of death, resignation, removal for cause, or for any other reason, the Executive Board shall, by a majority vote of all of its members, determine a successor who shall serve the unexpired term. If the vacancy occurs in the office of President, then the Executive Vice President shall serve the unexpired term.
SECTION 9. Any officer who is absent from two (2) consecutive meetings of the Executive Board or the membership, without being excused by the Executive Board, will have his/her office declared vacant by the Executive Board. Reasons given for such absences shall be reported to the membership by the Executive Board. Delegates who are absent without satisfactory excuse, from meetings or the body to which they have been elected, will have their delegate’s position declared vacant by the Executive Board. If at any time an officer or delegate of Local 127 is placed in a position outside the bargaining unit by promotion or otherwise; or in the event such officer or delegate’s employment with the Employer is terminated, he/she shall immediately resign from office.
SECTION 10. In the event of a change in President, the outgoing President shall be retained for two (2) weeks immediately following the installation of the new President to assure a smooth transition to office.
SECTION 11. The Executive Board Steward shall notify his/her constituents that nominations for Executive Board Steward position apportioned for that work location are opened and shall accept nominations for two weeks. The Executive Board Steward shall verify each nominee's acceptance. Election results shall be made known to the President and shall be posted on the appropriate bulletin boards. In the event the existing Executive Board Steward is absent, the Alternate Executive Board Steward shall conduct the election in the same manner as prescribed for the Executive Board Steward.
In the event the Executive Board Steward's office is vacated permanently for any reason, the Alternate Executive Board Steward shall fill the vacancy. He/she will then conduct an election to determine a new Alternate Executive Board Steward and shall so notify the President.
ARTICLE VII — DUTIES OF OFFICERS, AREA REPRESENTATIVES, EXECUTIVE BOARD STEWARDS, ASSISTANT STEWARDS, AND TRUSTEES
SECTION 1A: The PRESIDENT shall function as the chief administrative officer of Local 127. He/she shall exercise supervision over the affairs of the Union and sign all official documents. The President or his/her designee shall preside and preserve order at all regular or special meetings of the Executive Board and the membership. He/she shall have the authority to interpret this Constitution between the meetings of the Executive Board and his/her interpretation shall be conclusive and in full force and effect unless reversed or changed by the Executive Board or by the membership.
SECTION 1B: The President may appoint a Sergeant-at-Arms for each regular or special membership meeting. He/she shall appoint, subject to approval by the Executive Board and the membership, all committees not otherwise provided for in this Constitution, as may be necessary to properly conduct the affairs of the Union. He/she shall be an ex-officio member of all committees. He/she shall not be entitled to a vote at any regular or special meeting of the Executive Board or membership unless his/her vote shall be deciding in case of a tie, however, in the event any vote is taken secret ballot, he/she shall be permitted to cast his/her ballot.
SECTION 1C: The President shall enforce the National UWUA Constitution as it affects the Local Union and shall also enforce the Local Union’s Constitution. He/she shall conduct such correspondence as pertains to the duties of his/her office. He/she may co-sign with the Financial Secretary-Treasurer or the Executive Vice President all checks for disbursement of Union funds.
SECTION 1D: The President shall carry out the instructions of the Executive Board or the membership and shall make a full report of his/her activities at each meeting of the Executive Board and membership. He/she shall call special meetings of the Executive Board when he/she deems it necessary, or when instructed by a petition to him by seven (7) or more members of the Executive Board. He/she shall be a delegate to all bona fide conventions and conferences of the Utility Workers Union of America or bodies of which this Local is affiliated. He/she shall report on Executive Board, bargaining, and grievance activities of the previous year at the February membership meetings.
SECTION 2: The EXECUTIVE VICE PRESIDENT shall perform the duties of the President during the absence of that officer. He/she shall preside at any meeting when called upon by the President to do so. He/she shall fulfill all other duties as may be assigned to him by the President, Executive Board, or membership. He/she may co-sign with the Financial Secretary-Treasurer or the President all checks for disbursement of Union funds. In the event a vacancy occurs in the office of President by reason of death, resignation, removal for cause, or for any other reason, then the Executive Vice President shall serve as President for the unexpired term. In the event of succession of office to President, the vacancy of Executive Vice President shall be filled by appointment of the Executive Board within ninety (90) days for the unexpired term. He/she shall be a delegate to the National UWUA Convention.
SECTION 3: The RECORDING SECRETARY or designated representative shall keep a true and official record of all proceedings of the Union, including reports of the Financial Secretary-Treasurer. He/she shall receive, read, and keep safe all papers, books, documents, and other effects of the Union, except the books and records of the Financial Secretary-Treasurer. He/she shall conduct all correspondence pertaining to that office, and shall have charge of the official seal of the Union, affixing the seal to imprint to all documents which require it as evidence of official action of the Union.
SECTION 4A: The FINANCIAL SECRETARY-TREASURER shall be responsible for receiving, issuing receipts, and accounting for all monies due and expended by the Union. He/she shall be responsible for depositing all monies received by the Union in the name of Local 127, Utility Workers Union of America, AFL-CIO, in financial institutions approved by the Executive Board. He/she shall have charge of, preserve, and maintain all financial records, books, files, and documents pertaining to his/her office.
SECTION 4B: The Financial Secretary-Treasurer shall be responsible for the payment of all bills and expenses of the Union as may be authorized by approved statements or vouchers, and when expenditures require payment by check he/she may co-sign with the President, or in his/her absence, the Executive Vice President, all such checks for disbursement of Union funds.
SECTION 4C: The Financial Secretary-Treasurer shall keep an accurate file of all membership application cards and a record of all members in good standing, so that upon request, he/she can comply with the provisions of Section 401(c) of the Labor-Management Reporting and Disclosure Act of 1959.
SECTION 4D: The Financial Secretary-Treasurer shall be responsible for the prompt payment of all initiation fees, dues, per capita tax, reinstatement fees, and such other indebtedness to the National Union. He/she shall be responsible for making a monthly report to the membership each month of all monies received and disbursed by him and the amounts still on deposit. He/she shall secure the assistance of members authorized by the Union to aid him in the collection of initiation fees or dues, if such assistance becomes necessary.
SECTION 4E: The Financial Secretary-Treasurer shall maintain all books and records so that they will be open for inspection and examination by the local Auditing Committee. He/she shall make out the various reports required by the National Secretary–Treasurer, Federal or State agencies and forward them to the proper parties, retaining copies for official records.
SECTION 4F: The Financial Secretary-Treasurer shall procure the proper bonds and in such amount as may be required by the National Union or Federal law, and in such amounts as may required to assure proper and faithful performance of himself, and other officers, in the discharge of their duties, and to guarantee the security of the monies entrusted to his/her and their care.
SECTION 4G: The Financial Secretary-Treasurer shall conduct all correspondence pertaining to his/her office. He/she shall be allowed sufficient time off from work with pay each month for the purpose of performing the aforementioned duties. He/she shall report the financial activities of the previous year at the February membership meetings.
SECTION 5A: The AREA REPRESENTATIVES shall function as the primary chief steward in his/her designated area and shall represent the membership’s best interest in all manners dealing with the Employer, contract infractions, working conditions, company procedures, safety, etc.
SECTION 5B: The Area Representatives may also assume all duties as outlined under Steward Responsibilities.
SECTION 5C: The Area Representatives shall carry out the instructions of the President and shall make a full report of his/her activities to the President and at Executive Board Meetings.
SECTION 6: The SERGEANT-AT-ARMS shall have charge of the membership registration roster at each meeting and admittance to the meeting hall. He/she shall assist the Chairman in the preservation of order at all meetings; and otherwise assist the Chairman when called upon to do so.
SECTION 7: The TRUSTEES shall audit all books and records of the Local Union semi-annually or when deemed necessary by the Executive Board and take inventory at least once each year of all properties of the Union. They shall make a report on each audit and inventory at the next regular membership meeting following such audit. The Trustees shall be ex-officio members of the Good and Welfare committee and perform other duties as assigned by the Executive Board.
SECTION 8: Upon the expiration of their term of office, all officers shall deliver to their successors all monies, books, papers, and all other properties of the Union in their possession, and shall not be relieved from their bond or obligation until all books are audited and said deliverance has been completed.
SECTION 9: All contracts, and supplements thereto, entered into by the Local 127 shall be between Employers represented and the Utility Workers Union of America, AFL-CIO, for and on behalf of Local 127, and shall be signed by the President, Executive Vice President, other principal officers who are present at the negotiations, and the President of the National Union or his/her duly authorized representative.
SECTION 10: No Union officer should discuss Union business with Employer officials unless accompanied by another Union member whenever possible. No union officer shall enter into an agreement with the company on behalf of the Union without proper notification of fellow Union officers, and/or ratification by the Membership as required by these bylaws. (2016)
SECTION 11: STEWARD RESPONSIBILITIES:
(a) Shall be responsible for reporting grievances, committee, and other activities to his/her Area Representative.
(b) Shall represent the membership's best interest in all manners dealing with the Employer, contract infractions, working conditions, company procedures, safety, etc.
(c) Shall have the authority to initiate and file necessary grievances.
(d) Shall, within five (5) days of filing any written grievance, send to the Union office copies of the grievance and all statements and evidence to be used in pursuit of the written grievance. He/she shall also inform the Area Representative of the written grievances.
(e) Shall fulfill all other duties as may be assigned by the President, Executive Board, or membership.
(f) It shall be the additional responsibility of the incumbent Steward to conduct Steward elections within his/her area of representation.
ARTICLE VIII — EXECUTIVE BOARD AND ITS DUTIES
SECTION 1. The Executive Board shall be comprised of the following elected Officers and Executive Board Stewards:
OFFICERS
PRESIDENT
EXECUTIVE VICE PRESIDENT
RECORDING SECRETARY
FINANCIAL SECRETARY-TREASURER
CASPER SERVICE CENTER AREA REPRESENTATIVE
DAVE JOHNSTON AREA REPRESENTATIVE
JIM BRIDGER AREA REPRESENTATIVE
EAST POWER DISTRIBUTION AREA REPRESENTATIVE
WEST POWER DISTRIBUTION AREA REPRESENTATIVE
WYODAK AREA REPRESENTATIVE (2016)
E-BOARD STEWARDS
BIG HORN BASIN NORTH
BIG HORN BASIN SOUTH
CASPER AUTO, METER & STORES
CASPER DISTRICT LINE DEPARTMENT
CASPER POWER DEPARTMENT
DAVE JOHNSTON PLANT FUEL HANDLING
DAVE JOHNSTON PLANT MAINTENANCE
DAVE JOHNSTON PLANT OPERATIONS
JIM BRIDGER PLANT FUEL HANDLING
JIM BRIDGER PLANT OPERATIONS
JIM BRIDGER PLANT INSIDE MAINTENANCE
JIM BRIDGER PLANT OUTSIDE MAINTENANCE
RAWLINS DISTRICT
ROCK SPRINGS DISTRICT
ROCK SPRINGS POWER
WIND RIVER DISTRICT
WYODAK PLANT OPERATIONS
WYODAK PLANT DAYSHIFT WORKERS
WYOMING CLERICAL
WYOMING ENGINEERING & ESTIMATING
SAFETY STEWARDS
Safety Stewards have the authority to file grievances, but are not considered part of the Executive Board. A Safety Steward will be selected from each of the following five (5) areas:
Dave Johnston Power Plant (Elected in odd numbered years)
Jim Bridger Power Plant (Elected in even numbered years)
East Power Distribution Area (Elected in odd numbered years)
West Power Distribution Area (Elected in even numbered years)
Wyodak Power Plant (Elected in odd numbered years) (2016)
SECTION 2. The Executive Board will elect from their members other than a principal officer, a Chairman of the Board, who in the event of unforeseen circumstances, whereas the President and Vice President are unable to function, will assume the responsible head of Local 127 until new officers can be elected. He/she will perform other duties as assigned by the President or Vice President. His/her term will be his/her Executive Board term.
SECTION 3. The President shall serve in the capacity of Chairman and shall preside and preserve at all meetings of the Executive Board. It shall be the duty of the Executive Board to transact all official business of Local 127 when the membership is not in session; faithfully execute the order, instructions, and decisions of the membership; adopt such measures, rules, and policies in the interest of Local 127 which are not in conflict with this Constitution nor that of the National Union; and recommend such action to the membership as it deems necessary and essential to achieve the objectives of the union and its membership.
SECTION 4. The Executive Board is authorized to disburse such monies, in reasonable amounts, as in its judgement it deems necessary to conduct the affairs of the Union between membership meetings. Unless such disbursements are provided for elsewhere in this Constitution, they shall be limited to a single item of one thousand dollars ($1,000) and a total not to exceed two thousand dollars ($2,000).
SECTION 5. The Executive Board shall meet at least six (6) times a year. Special meetings may be called by the President when he/she deems it necessary or when so instructed to do so by a petition signed by seven (7) or more members of the Executive Board. For the transaction of official business, seven (7) members of the Executive Board shall constitute a quorum, which shall be present at all times when the Executive Board is still in session. All decisions of the Executive Board shall be by a majority vote of those members present and voting, except as otherwise provided for in this Constitution and such decisions shall be reported to the membership for approval. An accredited member of the National Union shall be an ex-officio member of the Executive Board.
SECTION 6. Executive Board members representing employees whose contract is to be negotiated, shall meet at least once, ninety (90) days prior to the start of negotiations for the purpose of discussing, considering, and formulating the proposals that are to be submitted to the Employer as a basis for said contract negotiations. Duly accredited representatives of the National Union shall have the right to attend and participate in all meetings as a member of the Bargaining Proposal Committee.
SECTION 7. The President shall appoint, from the Executive Board, the Negotiating Committees. These committees shall be subject to the approval of the Executive Board. Should the need arise at any time during the negotiations with the Employer(s), the Executive Board may select an additional member or members to serve on the Negotiating Committee.
SECTION 8. It shall be the added duty of the Executive Board members to serve as chief Steward in his/her area of representation and to attend personally a regular Executive Board meeting either quarterly, tri-annually, or semi-annually as determined by the Executive Board.
SECTION 9. Executive Board members shall meet at least once quarterly with all stewards in his/her area of representation for the purpose of communication and coordination of activities.
SECTION 10. Executive Board members shall also act as a Grievance Committee for the purpose of handling grievances in accordance with the provisions and procedures as set forth in the Collective Bargaining Agreement with the Employer(s). They shall have the power to call in Stewards from the outlying properties and/or aggrieved members of the Union when such action is deemed essential in the discharge of the duties of the committee.
SECTION 11. Executive Board members who are absent from Executive Board meetings and membership meetings without satisfactory excuse may have their positions declared vacant by the Executive Board.
SECTION 12. No officer, Executive Board member, committee member, steward, delegate, member or group of members shall at any time attempt to upsurp or assume the functions, obligations, responsibilities, or duties of the Executive Board.
SECTION 13. Any changes in Section 1 that may become necessary because of expansion of Employer properties, or for any other reason, must be approved by a majority vote of the Executive Board.
ARTICLE IX — COMMITTEES
SECTION 1. The Union shall establish an Executive Grievance Committee. Before a Grievance may be submitted to Arbitration, it must have approval of the Executive Grievance Committee. Before a Grievance may be withdrawn from Arbitration, it must have approval of the Executive Grievance Committee. The Committee shall have the power to call in Stewards from the outlying properties and/or aggrieved Members of the Union when such action is deemed essential in the discharge of the duties of the Committee:
Executive Grievance Committee shall consist of the following: Executive Vice President, Recording Secretary, Financial Secretary-Treasurer, Casper Service Center Area Representative, Dave Johnston Area Representative, Jim Bridger Area Representative, East Power Distribution Area Representative, West Power Distribution Area Representative and Wyodak Area Representative. The President shall be an ex-officio member. (2016)
SECTION 2. The President shall appoint as necessary, subject to the approval of the Executive Board, the following Committees: Apprenticeships, Training, Safety, Organizing, Defense Fund, Resolutions, Auditing, Entertainment, Social Activities, Courtesy, and Good & Welfare. Each Committee shall be composed of not less than three (3) members.
ARTICLE X — EXPENSES AND OTHER ALLOWANCES
SECTION 1. Any officer, delegate, or member of the Local Union with authorization of the President who is required to forego his/her normal working hours with the Employer in order to perform for the Union which results in a loss of income shall be reimbursed by the Union for the total amount of such loss, not to exceed normal straight time hours.
SECTION 2. The compensation of full-time officer(s) of the Local Union shall be established by the Executive Board with the concurrence of a majority of those present and voting at one round of regular membership meetings. In no case shall a full-time officer be paid less than the current established pay rate for the classification he/she held, under the Agreement under which he/she worked, at the time he/she was elected.
SECTION 3. Officers, Executive Board members, and Stewards who are required to conduct Union business on their normal days off, with the exception of regular Executive Board meetings, Union meetings, or other meetings required by the Bylaws, shall upon request to the Union office, be allowed compensatory time off equal to the hours which were used.
SECTION 4. In discharging their duties or other work assignments on behalf of the Union, officers, delegates, or members shall, if they incur proper and reasonable expenses, have such expenses paid by the Union, upon submission of a proper voucher to the Financial Secretary-Treasurer. This includes, but is not limited to meals, beverages, hotel or motel accommodations, telephone, stationery, postage, and public transportation. Should a personally owned motor vehicle be used for transportation a mileage allowance established by the membership shall be paid.
SECTION 5. Local 127, by payment of loss in wages or other expenses, does not and will not assume any responsibility for any liability whatsoever, in case of accident, injury, or damage of a personal or property nature or combination thereof involving any officer, delegate, or member, or that incurred by other person or property or combination thereof with which they may become involved while on business for Local 127.
SECTION 6. Expenses involved in the conduct of contract negotiations, grievance processing including arbitration, and special events of the Union, shall not be governed by the disbursement restrictions of this Constitution. However, if possible, membership approval shall be obtained prior to making such expenditures.
SECTION 7. The President, Executive Vice President, Recording Secretary, Financial Secretary-Treasurer, Casper Service Center Area Representative, Dave Johnston Area Representative, Jim Bridger Area Representative, East Power Distribution Area Representative, West Power Distribution Area Representative and Wyodak Area Representative shall receive a monthly allowance. Any increase or decrease of his/her monthly allowance to said officers shall be approved by a majority of the membership, in good standing, present and voting at a regular or special meeting called for that specific purpose after due notice has been given the membership, or by mail referendum, or by any other form of referendum, except as provided in Section 8 of this article. If an Officer elects to stop receiving the monthly allowance described in Section 8, a request must be submitted in writing to the Financial Secretary-Treasurer. A signed, witnessed copy will be kept on file at the UWUA Local 127 Office until it is revoked by written request, or until a new officer is elected to said office. (2016)
SECTION 8. The monthly base allowances for the elected officers of Local 127 shall be as follows:
Minimum Maximum President $125.00 $200.00 Executive Vice President $35.00 $75.00 Recording Secretary $65.00 $100.00 Financial Secretary-Treasurer $65.00 $100.00 Casper Service Center Area Representative $35.00 $75.00 Dave Johnston Area Representative $35.00 $75.00 Jim Bridger Area Representative $35.00 $75.00 East Power Distribution Area Representative$35.00 $75.00 West Power Distribution Area Representative$35.00 $75.00 Wyodak Area Representative $35.00 $75.00 (2016)
These rates may be adjusted yearly by the general wage increase agreed to by Local 127 subject to the approval of the Executive Board.
ARTICLE XI — STRIKES
SECTION 1. If a controversy develops between the Local and the Employer which may result in Local 127 being called out on strike, a Special Meeting of the Local shall be called and the Local President will notify the National Union of the date and hour so that a National Representative may attend this meeting to fully explain the meaning of a strike, and what it means to the Local and its membership. After full explanation has been given, the question of whether or not a strike shall exist must be approved by a two-thirds (2/3) vote of the Local membership present at the Special Meeting. No strike shall exist until approval is obtained from the National Union in the manner and form prescribed by the National Union.
SECTION 2. Upon approval by the National Union of any strike action contemplated by Local 127, the National Union shall be so notified by the Local President by wire telegram or other rapid means of communication, such information shall include the time that such strike shall commence which must be 72 hours from the time the National Union is notified. If Local 127 is engaged in a strike action, the National Union may assume complete direction of said strike.
SECTION 3. During the 72 hours’ notice required by Section 2 above, the duly authorized Negotiating Committee shall confer with the Employer or their authorized representatives to make one final effort to settle any strike action.
SECTION 4. In the event a strike is called according to the above paragraph, the Local shall have the authority to establish strike committees designated to handle strike details.
SECTION 5. If a strike, lockout or other legal work stoppage is authorized, no member shall be permitted to apply for a leave of absence or vacation until the termination of the strike, lockout or legal work stoppage. Any leave of absence or vacation scheduled and approved prior to the authorization of the strike shall be exempted from the operation of this rule.
SECTION 6. Members employed by the Company on the date a strike, lockout or other work stoppage is authorized for the purposes of this Section shall be required to perform picket duty based on a schedule which shall be prepared by the Strike Committee and posted at the Labor Office or posted at the designated strike headquarters. Where there are differences in the length of the picket line duty at specific locations, the Strike Committee shall make the appropriate adjustments so that all members will be treated fairly. The failure of any member to perform picket duty or to comply with the picket rules shall constitute conduct unbecoming a member and subject the member to disciplinary action in accordance with the National Constitution, Article XIII.
ARTICLE XII — CHARGES AND TRIALS
SECTION 1. All charges and trials relative to members, officers, or elections shall be conducted in accordance with the National Constitution.
ARTICLE XIII — AFFIRMATION
SECTION 1. Each new member, before being admitted to membership, must subscribe to the following oath of affirmation:
I, (repeat your name), pledge my honor to faithfully observe the Constitutions of Local 127 and that of the Utility Workers Union of America, AFL-CIO; to comply with all the rules and regulations thereof, not to divulge or make public any of the private proceedings of this Union; faithfully perform all duties assigned to me to the best of my ability and skill; never to discriminate against a fellow worker because of race, color, craft, sex, age, creed, or national origin; to conduct myself so as not to bring reproach upon my Union; and at all times to bear true and faithful allegiance to Local 127 and the National Union.
SECTION 2. Before entering upon the duties of their respective office, each officer shall subscribe to the following:
“I (repeat your name), do sincerely pledge my honor to perform the duties of my office as required by the Constitution of Local 127; to bear true and faithful allegiance to Local 127 and to the Utility Workers Union of America, AFL-CIO; to deliver all books, papers, and other property of the Union that may be in my possession at the end of my term to my successor in office; and at all times to so conduct myself as becomes an officer and member of this Union.”
ARTICLE XIV — ORDER OF BUSINESS AND RULES OF ORDER
SECTION 1. Unless a special order of business is voted by the majority of the members who are present and voting, the following order of business shall prevail at all regular membership meetings:
- Pledge of Allegiance to the United States Flag
- Roll call of Officers and Executive Board members, absentees noted
- Introduction of new members
- Reading of all minutes or previous month’s meeting
- Propositions for membership and initiations
- Communications and bills
- Reports by Delegates
- Reports of Committees
- Unfinished business
- New business
- Good of the Organization
- Adjournment
SECTION 2. The rules contained in this Constitution and in the rules adopted by the Local shall govern the Local in all cases to which they are applicable in which they are not inconsistent with the rules of this Union. In all matters not governed by the rules of this Constitution and the rules of the Local Union, ROBERTS RULES OF ORDER SHALL GOVERN.
SECTION 3. The following rules are the rules of order and will govern all meetings of the Local:
A. Motions:
- All motions will be read by the presiding Chair and a second will be necessary before discussion may be had on the motion. If no second is made, the motion is out of order, and the meeting will proceed with the next order of business.
- No member will be permitted to speak more than three (3) minutes at any time or more than twice on the same subject unless by consent of five-sixths (5/6) of those present.
- A motion to appeal the decision of the presiding Officer will be in order only if made immediately after the decision has been announced. No motion to reconsider will be in order unless made by a member voting in the majority. When a motion has been put and carried in the affirmative or negative, it shall be binding for the meeting in which the motion was made unless there is a motion made to reconsider and such motion carries by a majority of those present and voting.
B. Amendments: An amendment to a motion not germane thereto is out of order. All amendments must be disposed of before the question can be called on the original motion. If amendment is carried, it shall form part of the original motion. An amendment to an amendment is in order.
C. Motion for Previous Question: A motion for a previous question, if carried, must be put without further debate. A motion for the previous question takes precedence of all other motions, except a motion to lay on the table.
D. Points of Order:
- No one will be allowed to rise from their seat while a member has the floor or a vote is being taken.
- A member while speaking shall confine their remarks to the question under debate and avoid personalities or reflections upon other members.
- If two (2) or more members rise at once, the presiding Officers shall decide who is entitled to the floor.
- A member having the floor shall not be interrupted, except on a point of order, the member shall remain seated until the point of order has been decided. All points of order shall be decided by the presiding Officer subject to appeal to the Local.
- Any member who, through words or actions, disrupts the orderly conduct of the meeting, shall themselves be out of order and subject to warning by the presiding Officer to cease and desist from such conduct. Continued conduct which disrupts the order of the meeting will subject the member to removal and the member will be subject to charges under the National Constitution.
E. Questions Not Otherwise Provided For: On a motion to adjourn, to lay on the table, or for the previous question, only the member making the motion may speak. Motions shall have precedence in the foregoing order:
- to adjourn
- to table
- for the previous question
- to postpone to a given time
- to refer or commit
- to amend
- to substitute
- to postpone indefinitely
On division the aye’s and no’s will be counted, and the total number reported to the presiding Officer who shall then declare that the motion is carried or lost and direct the Recording Secretary to so record.
SECTION 4. The order of business may be altered at any regular meeting on the motion of any member and by a two-thirds (2/3) vote of the members present and voting.
SECTION 5. All votes shall be decided by the majority of votes cast except when otherwise provided for in this Constitution and By-Laws.
ARTICLE XV — AMENDMENTS
SECTION 1. Any proposed amendment to this Constitution or By-Laws must be submitted in writing and signed by no less than ten (10) members in good standing. Said proposed amendment shall be submitted at a regular meeting.
SECTION 2. All amendments shall be discussed and voted upon at the next regular membership meeting following submission of the amendment, provided that due notice has been given that proposed amendment(s) will be voted upon at said meeting.
SECTION 3. The Constitution and By-Laws may be amended by a two-thirds (2/3) vote of members present and voting at a regular meeting provided that the members have been notified in writing, or by phone, or by mail, or by e-mail at least ten (10) days prior to the meeting at which the amendment is being considered.
SECTION 4. After adoption by the membership, the amendment(s) shall take effect immediately subject to the approval by the National Executive Board of the Utility Workers Union of America.
SECTION 5. The Local shall file with the National Office one copy of the Constitution and By-Laws approved by the Local, one copy being signed and certified by the Secretary-Treasurer with the President and one copy being filed with the Recording Secretary.