ARTICLE XIV
General
Laws
Sec.
1. The Executive Board shall act as
the Trial Board to hear charges and try members
(except officers and representatives of a Local
Union, Railroad Council, or System Council)
for violation of the IBEW Constitution, these
bylaws, or an approved working agreement. All
charges against a member must be in writing
and signed, specifying the provision(s) of
the Constitution, bylaws, or working agreement
allegedly violated. A brief factual written
statement of the act(s) considered to be in
violation, including relevant dates, places
and names, should be given by the charging
party. A copy of the charges must be furnished
to the accused by the Recording Secretary with
notice of when to appear before the Trial Board.
Sec.
2. A charged member may, upon request,
have an IBEW member in good standing as Counsel.
However, no lawyer, as such may serve as Counsel
in a hearing of the Trial Board. No person
not a member of the IBEW may be present at
such hearing, except as a witness.
If the
accused fails to appear after having been notified
in writing to appear, the Trial Board shall
hear and determine the case just as though
the accused were present. When a member files
charges against another member and fails to
appear before the Trial Board to prosecute
the case, unless reasonable excuse is given,
he/she shall be subject to discipline by the
Trial Board.
Sec.
3. A majority vote of the Trial Board
shall be sufficient for a decision, which is
to be in writing. The Trial Board report of
its findings and sentence, if any, shall be
reported to the next regular meeting of the
Local Union. The action of the Trial Board
shall be considered the action of the Local
Union, and the report of the Board shall conclude
the case.
Sec.
4. All financial obligations (including
but not limited to fines, assessments, and
unpaid dues and fees) owed by a member under
the IBEW Constitution or the bylaws of this
Local Union shall constitute debts owed by
the member to the IBEW or the Local Union,
and may be recovered through court action brought
by the IBEW or the Local Union. If it is necessary
for the Local to institute legal proceedings
in order to recover any such debt, the individual
member shall also be liable for all costs of
said proceedings, together with a reasonable
attorney's fee incurred by the Local, the amount
thereof to be fixed by the Court.
Sec.
5. Each member shall keep the Financial
Secretary informed of his/her correct address.
The Financial Secretary, in turn, shall notify
the International Secretary.
Sec.
6. The parliamentary rules of this
Local Union shall be those stated in Article
XV of the IBEW Constitution.
Sec.
7. The IBEW Constitution is hereby
made a part of these bylaws. Where there is
doubt about any section of these bylaws or
where such might appear to be in conflict with
the IBEW Constitution, then the IBEW Constitution
shall control and must be followed.
Sec.
8. Words in these bylaws in the masculine
gender shall include the feminine.
Sec.
9. Members shall be supplied with
copies of the IBEW Constitution, these bylaws,
and the working agreement upon request to the
Local Union.
Sec.
10. The
handling of jobs for unemployed members shall
be under the full supervision and direction
of the Business Manager. The Business Manager
shall devise such means as are considered practical
and fair in the distribution of available jobs
to qualified members. Members shall not violate
such established rules or plans.
Sec. 11. Members
shall show their working cards or dues receipts
upon request.
Sec. 12. The
Local Union may spend a sum, as determined
by the Executive Board, for a suitable tribute
upon the death of a member or the spouse of
a member. A committee may also be appointed
to extend the sympathy of the Local Union to
the family of any deceased member.
Sec. 13. A member
who wishes to resign from the Local must submit
the resignation in writing to the Local Union,
and it shall become effective upon receipt
by the Local Union.
The Local Union shall acknowledge
receipt of the resignation and shall advise
the member in writing that all rights and/or
benefits of membership are forfeited upon the
effective date of the resignation.
The above procedure shall also
apply to a member on a Participating Withdrawal
Card except that the resignation is to be submitted
by the member in writing to the International
Secretary-Treasurer with a copy to the Local
Union for processing.
Sec. 14. Members
of this Local Union shall be selected on an
alphabetical basis, according to zip code,
for picket duty and associated organizing activities.
They shall serve on their designated date and
be required to serve no more than eight (8)
hours until the roster has been completely
exhausted.
(a) The selections
shall be made by the Business Manager or his
representative. Whenever possible, at least
forty-eight (48) hours notice shall be given
prior to the designated date.
(b) A member
may volunteer for picket duty and receive credit
for the time served.
(c) A member
shall not refuse to serve his/her turn for
picket duty when called without a reasonable
excuse. However if a member is unable
to serve, he may in lieu of picket duty pay
to the Local Union up to eight (8) hours' wages.
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NOTE:
Local unions should exercise restraint when
considering the inclusion of local union rules
under this article. References to penalties
or discipline by the Executive Board should
not be included. Members violating the Constitution,
the local union bylaws, the working agreement
or established rules are subject to the provisions
of Article XXV of the IBEW Constitution and
Sections 1, 2, and 3 of this Article. Work
rules are proper subjects of collective bargaining
and may be negotiated under the working agreement.
On this basis work rules are not approvable
as part of the bylaws.
Sec. 10. Conditionally
Required - Only local unions with referral
procedures require this provision. If not needed,
it should be deleted.
Sec. 11. (Optional)
Where dues are collected exclusively by dues
check-off, this provision is difficult to enforce
and should not be used.
Sec. 14. (Optional) Picketing
duty is a useful tool for a local union to
organize; however it must be fairly and equitably
applied in a non-discriminatory manner. Members
alleged to have violated this section must
be afforded the same rights before a local
union Trial Board as any other alleged violation
of the local union bylaws. |