| BYLAWS CALIFORNIA PROFESSIONAL EMPLOYEES CalPro LOCAL UNION # 2345 District Council # 36 ARTICLE I: BYLAWS These Bylaws shall be considered supplemental and subordinate to the provisions of the General Constitution of the International Union of Painters and Allied Trades (hereinafter called the “International” or “International Union”) and such provisions shall be deemed as incorporated herein by reference. In the case of conflict between these Bylaws and the provisions of the General Constitution, the latter shall govern. ARTICLE II: NAME This organization, a subordinate body of the International Union and an affiliated Local Union of District Council 36, shall be known as the California Professional Employees, Local Union #2345 and referred to as CalPro. These By-Laws shall govern each division designated by this Union. ARTICLE III: JURISDICTION (Territorial) The territorial jurisdiction of this Local Union shall include the State of California and be as set forth in its Grant of Charter and as determined by the General Executive Board from time to time under Section 70 of the General Constitution. ARTICLE IV: OBJECTS The objects of this Local Union shall be as set forth in the Preamble and Section 2 of the General Constitution. ARTICLE V: ELIGIBILITY FOR MEMBERSHIP Eligibility for membership in this Local Union shall be as set forth in Sections 85-86 of the General Constitution and as otherwise set forth in the General Constitution or policies adopted by the General Executive Board. ARTICLE VI: OFFICERS 1. Eligibility to hold office shall be as set forth in Section 181 of the General Constitution. 2. The officers of all Divisions of the Local Union shall be: Chairperson, Vice-Chairperson, Recording Secretary and Sergeant-at-arms. 3. Officers of this Local Union and their duties shall be as set forth in Section 152 of the General Constitution, and as are listed below: a. President: The duties of the President shall be as set forth in Sections 156-160 of the General Constitution. b. Vice President: The duties of the Vice President shall be as set forth in Section 161 of the General Constitution. c. Recording Secretary: The duties of the Recording Secretary shall be as set forth in Sections 162-164 of the General Constitution. d. Financial Secretary: The duties of the Financial Secretary shall be as set forth in Sections 165-170, Section 182(d) and Section 224 (d) of the General Constitution. e. Treasurer: The duties of the Treasurer shall be as set forth in Section 171 of the General Constitution. f. Trustees: The duties of the Trustees shall be as set forth in Sections 172-175 of the General Constitution. g. Warden: The duties of the Warden shall be as set forth in Sections 176 of the General Constitution. ARTICLE VII: DELEGATES 1. All delegates (other than delegates to the General Convention) shall be elected at the June elections. 2. Delegates to District Council 36 shall be determined by the District Council # 36 By-Laws. ARTICLE VIII: EXECUTIVE BOARD 1. The Executive Board of Local Union 2345 shall be as set forth in Section 152(j) of the General Constitution. The Officers of the Executive Board shall be assigned by the members of the Executive Board. 2. Duties of the Executive Board: a. To serve as the Trial Board of the Local Union (except for the Business Representative). b. To enforce the laws of the Local Union between meetings. c. To handle all matters referred to the Executive Board at regular or special called meetings. d. All requests for donation of funds shall be directed to the Executive Board. It shall investigate and submit its findings and recommendations for membership action. e. The Executive Board shall be vested with the authority of recommendation only, unless otherwise specifically authorized by the Local Union; provided, however, that during the interim between meetings it shall be authorized to act for the Local Union in cases of emergency, subject to review at the next regular meeting. ARTICLE IX: COMPENSATION OF OFFICERS DELEGATES AND COMMITTEE MEMBERS 1. Officers: All Executive Board members attending quarterly Executive Board meetings shall be reimbursed for out-of-pocket expenses with receipts required. Members of the Executive Board and the Trustees shall be paid an annual salary of twenty-five ($25.00) per calendar year for serving on the Executive Board, not inclusive of the full-time Officers. a. President - (None). b. Vice President - (None). c. Recording Secretary - (None). d. Financial Secretary – (None). e. Treasurer - (None). f. Trustees - (None). g. Warden – (None) 2. Delegates To District Council – (None). To Central Bodies (None). To Conventions – Conferences, etc. -(None). 3. Committee Members: -- (None.) ARTICLE X: BONDS Officers of Local Unions shall be bonded in accordance with Section 147 of the General Constitution and as required by the Labor-Management Reporting and Disclosure Act of 1959, as amended. ARTICLE XI: ELECTIONS 1. Elections shall be held under the procedures and provisions as set forth in Sections 180-183 of the General Constitution. 2. The election of Local Union Officers, Executive Board members, and delegates to District Councils (and Central Bodies,) shall be held at the last meeting in June. Nominations for the same shall be held at the last meeting in May, as per Section 180(a) of the General Constitution. 3. Delegates to the General Conventions of the Brotherhood shall be elected as set forth in Section 28 of the General Constitution. Delegates to District Council, Central Bodies, shall be nominated and elected in accordance with Sections 180-183 of the General Constitution. The qualifications for such positions shall be as set forth in the General Constitution. ARTICLE XII: VACANCIES Vacancies occurring among the officers shall be filled by nominations at the next meeting and election at the succeeding meeting, under procedures set forth in Sections 185 through 187 of the General Constitution; except that if at the time the vacancy occurs the period remaining to the end of the unexpired term of the vacant office is twelve (12) months or less the vacancy shall be filled by appointment by the President. (See General Constitution, Section 186.) ARTICLE XIII: DUES, FEES, AND ASSESSMENTS 1. Dues: a. Dues from members of Local Union 2345 shall be as follows: (1) The monthly dues for each member shall be a minimum of twelve dollars and fifty cents ($12.50) or two (2) hours pay whichever is greater. The dues schedule for members shall be as attached in Appendix A. (2) Increases, as per Section 17(a) of the General Constitution, rounded up to the next dollar. b. When a member works within the jurisdiction of another affiliated District Council or Local Union and the bylaws of that other District Council or Local Union makes provisions for administrative dues, or a Business Manager “assessment” (in the nature of dues), the member shall pay to that other District Council or Local Union, either directly or by check-off, the amount of administrative dues, or Business Manager “assessments” called for by that other organization’s bylaws. When a member works within the jurisdiction of another affiliated District Council or Local Union and the bylaws of that other District Council or Local Union make no provision for administrative dues or a Business Manager “assessment,” the member shall continue to pay to the District Council with which this Local Union is affiliated, either directly or by checkoff, the amount of administrative dues provided in the first sentence of this section. The administrative dues are to be used primarily for the purpose of administering, policing, and enforcing the Collective Bargaining Agreements under which the members perform work. 2. Administrative Processing Fees: There shall be no initiation fees for membership in this Local Union. New members/candidates and apprentices shall be charged an Administrative Processing Fee in accordance with the provisions set forth in Sections 93 and 94 of the General Constitution. 3. Life Membership Fees: Shall be in accordance with Section 100 of the General Constitution. 4. Clearance Cards: Clearance Card fees and rules shall be as set forth in Section 250 of the General Constitution. 5. Assessments and Funds: a. Assessments can only be levied in accordance with Section 133 of the General Constitution. b. International Union Death Benefit Fund. The International Union’s Death Benefit Fund is governed by Section 308 of the General Constitution, and the rules and regulations of the fund. Members should refer to the pamphlet “Rules and Regulations covering the Death Benefit Fund and the former Death and Disability Fund.” c. All monies due the International Offices for per capita tax, Administrative Processing Fees or application fees, Death Benefit Fund payments, reinstatements, clearance card fees, life membership fees, and supplies shall be forwarded to the General Secretary-Treasurer immediately after the close of the month, along with required reports. Remittances must be made by express or post office money order, check or bank draft payable to the General Secretary-Treasurer. d. Should a majority of the Trustees doubt the accuracy of any bill from the General Secretary-Treasurer, the Local Union shall pay the same under protest, and such protest shall be the first business taken up by the General Executive Board at their next meeting. e. Each month the Local Union shall hold in its treasury, as a standing appropriation to be forwarded to the General Secretary-Treasurer, a sum equivalent to its monthly per capita tax, Death Benefit Fund obligations, IUPAT Local Union and District Council Pension Fund payments and all other payments that must be made to the International Offices as required by Section 140 of the General Constitution. Such required payments shall be made prior to allowing other expenditures. ARTICLE XIV: MEETINGS 1. Regular Meetings: The regular meetings of Local Union 2345 shall be held on (third Wednesday of each month). Meetings will be called to order promptly at 5:00 P.M. Regular meetings of each division of the Local Union shall be held monthly. 2. Special Meetings: Special meetings of this Local Union may be called by the President under the provisions of Section 158 of the General Constitution. The Executive Board shall have the power to call meetings of the division members at anytime and at any place within the division. The call for such meetings shall be given adequate notice of time and place. 3. Quorum: A quorum for a membership meeting shall consist of seven (7) members. 4. Members’ Rights: Members in attendance at meetings shall have the right to express their views, arguments or opinions upon any business properly presented before the meeting, subject to these bylaws and the rules and regulations adopted by the Local Union pertaining to the conduct of meetings, but no member in exercising such rights shall evade or avoid his or her responsibility to the organization as an institution or engage in or advocate any conduct that would interfere in the Local Union’s performance of its legal or contractual obligations, or conduct him or herself in an unruly, or boisterous manner. 5. Recording Devices: No member shall be permitted to use recording devises during any portion of any meeting in the Local Union. 6. Executive Board: Regular meetings of the Local Union 2345’s Executive Board members shall be held quarterly and immediately before the general membership meeting. 7. Annual Meeting: The Executive Board shall provide for the holding of at least one regular meeting of the General membership per year. All meetings of the general membership shall be deemed to be regular meeting for the purposes outlined in the General Constitution. Notice of at least fifteen (15) days shall be given to the membership of such meeting. ARTICLE XV: COMMITTEES 1. The Business Manager of District Council # 36 shall appoint the Chairman of the Negotiating Committee. 2. The President shall appoint the following standing committee: a) By Laws b) Political Action Committee ARTICLE XVI: CONTRACTORS ARTICLE XVII: MEMBERSHIP 1. An applicant is considered a member when the applicant meets all the requirements as set forth in Sections 85-90 of the General Constitution. 2. A member may lose his or her good standing in the organization by suspension or expulsion or other disqualification for membership, after appropriate proceedings consistent with the provisions of the General Constitution, or by non-payment of dues as provided in Sections 119-120 of the General Constitution. A member who loses his or her good standing status because of his or her failure to pay dues or other obligations as required by the General Constitution and these bylaws, but who has not been expelled from membership, may reinstate his or her good standing for the purpose of attending Local Union meetings and voting at elections, by paying all delinquent dues and other financial obligations prior to such meeting and election as provided in Section 121 of the General Constitution. Expelled members may be reinstated only in accordance with Section 295 of the General Constitution. Resignation from membership is governed by Section 123 of the General Constitution. 3. Members’ Responsibility: a. Every member by virtue of membership in this Local Union is obligated to adhere to and follow the terms of the Local Union’s bylaws and the General Constitution with respect to the members’ rights, duties, privileges and immunities conferred by them and by statute. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of other members. b. Every member by virtue of membership in this Local Union authorizes the District Council to act as his or her exclusive bargaining representative with full and exclusive power to execute agreements with his or her employer governing terms and conditions of employment and to act for the member and have final authority in presenting, processing and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement or out of the member’s employment with such employer in such manner as it deems within its discretion to be in the best interests of the District Council. The District Council and its officers, and agents may decline to process any such grievance, complaint, difficulty or dispute, if in their sole discretion and judgment, such grievance, complaint or dispute lacks merit. c. No member shall interfere with the elected officers or representatives of the International Union, its subordinate bodies, District Council or this Local Union in the performance of their duties. Each member shall when requested, render such assistance and support in the performance of such duties as may be required by them, provided that this does not interfere with their individual rights as members. Each member shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the International Union, District Council or Local Union’s performance of its legal or contractual obligations. d. Every member shall be required to assist the International Union, its subordinate bodies, the District Council and the Local Union, as well as their officers and representatives, by engaging in picketing, handbilling, salting and other organizing activities, and attending education and training and seminars, as directed and assigned by the International Union, the District Council’s Executive Board, Business Manager or Business Representative or Local Union officers. No charges shall be filed or processed against any member for his or her decision to accept employment with an approved, targeted non-signatory employer for the purpose of organizing. ARTICLE XVIII: GENERAL RULES AFFILIATED DIVISIONAL LOCAL UNIONS 1: Ten (10) or more persons eligible for membership in the Local Union 2345 may constitute a Division of this Local Union and shall be designated such under the terms provided in the By-Laws. Formal issuance of the division designation which shall contain such provisions as the Union may require and as may be necessary to conduct the affairs of the Division of the Local Union, shall be made and transmitted by the Business Representative/Financial Secretary. 2. The Organization and powers: Local Union 2345 because of its vast area and divisible craft jurisdiction hereby adopts and places in full force and effects the power and rights to the extent set forth in these by-laws to proceed under a divisional administration form of government. The provisions, power and rights hereby adopted shall be, but not limited to the following: 3. All legislative, executive and judiciary powers of the Local Union shall be as provided in the General Constitution. 4. Initiate and coordinate organization drives anywhere within the territorial jurisdiction defined in this Article of these by-laws or in such other area of the General Constitution may authorize. 5. Designate or amend the divisions into which its territorial and craft jurisdiction is confined. 6. Provide for organization, administration and supervision of its divisions. 7. Provide for holding of divisional meetings, granting to the divisions the right to initiate legislation, referendums and establishing of working conditions and agreements within the division. 8. Meet by division for the purpose of all of the business it shall conduct. Each division shall be deemed a committee of Local Union 2345. Each division shall hold meetings at least once a month. They shall elect division members to preside over such meetings, consisting of a Chairperson, Vice-Chairperson, Recording Secretary, and Sergeant-at-arms. Such president members to be elected for a three (3) year term. In the event a member is elected after the beginning of a term, they shall serve for the balance of the unexpired term. All elections shall be in conformance to Section 180-184 of the General Constitution. The members elected as Chairperson of each division shall preside over the division’s meetings and are their division’s member to the Local Union 2345’s Executive Board. They shall communicate the Financial Statement, Executive Board minutes, and all pertinent correspondence to the division for appropriate action.se Bylaws were ratified at a Special Called Meeting of Local 2345 on October 2005. ARTICLE XIX: CHARGES AND TRIALS 1. Each member of this Local Union shall have the right to fair treatment in the application of Local Union rules and law in accordance with the General Constitution and these bylaws. In the application of all rules and procedures relating to Local Union discipline, the essential requirements of due process of law – notice, hearing, and judgment based upon the evidence shall be observed without, however, requiring technical formality followed in courts of law. 2. The procedure specified in Sections 275-305 of the General Constitution shall govern all trials and appeals. The requirements of the General Constitution and of fairness and due process will be attained by substantial adherence to the following: a. Charges must be filed within a reasonable time as specified in Section 285 of the General Constitution. b. Copies of all charges together with the notices of hearing should be submitted in writing by Registered Mail or Certified Mail to the last known address of the person charged at least 14 days prior to any trial or hearing. c. Details of the conduct or activity charges should be described in the charges, giving dates, places and persons involved where possible. d. The Trial Board should not include among its members any person who is in the role of an accuser. e. Either verbatim minutes, stenographic transcripts, or accurate summaries of the evidence should be kept. f. The accused should have the right to confront and cross-examine witnesses giving testimony against him or her. g. The Trial Board should give to the accused full opportunity to make his or her defense and to produce testimony or documentary evidence for that purpose. h. The decision of a Trial Board should recite the facts which it finds to be true and should also set forth the basis for the decisions reached. i. 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 Local Union. j. Every accusation must be supported by proof, even though the accused does not appear. ARTICLE XX: EXHAUSTION OF REMEDIES 1. No Local Union or other subordinate body, or any member or officer thereof shall resort to any court or agency outside this International until all forms of relief and avenues of appeal, as provided by the General Constitution, have been exhausted, unless otherwise provided by statutory law. ARTICLE XXI: PROPERTY 1. The funds and property of the Local Union shall be governed by Sections 142-146 of the General Constitution. 2. No property of the Local Union, and no property in the possession, custody or control of this Local Union or any of its officers or employees, and no property held in trust, express or implied, which was created or established by this Local Union and whose primary purpose is to provide benefit for the members of the Local Union or their beneficiaries, shall be given, contributed or donated, either directly or indirectly, to aid or assist, or be expended in behalf of, any seceding, dual or antagonistic labor organization, nor to any Local Union which is in violation of the General Constitution. ARTICLE XXII: AGENCY Neither this Local Union, nor any of its officers or employees, has any power to make any representation, contract, or agreement, nor to incur any liability, which shall be binding upon the International Union without the written consent of the General President or his designee. Neither this Local Union, nor any of its officers or employees has been authorized or empowered to act as agent of the International Union and shall not be deemed an agent of the International Union unless expressly authorized in writing by the General President or his designee to act in that capacity. ARTICLE XXIII: AMENDMENTS There shall be a standing Bylaws Committee whose duties and functions shall be as set forth in Section 135(b) of the General Constitution. Any amendment to these bylaws shall be done in accordance with the procedure set forth in Section 135 of the General Constitution. ARTICLE XXIV: STANDING RULES FOR UNION MEETINGS Rules for the conduct of Local Union meetings are contained in the “Order of Business” for Local Unions, and in “Parliamentary Rules and Ritual” set forth in the General Constitution. ARTICLE XXV: INTERNATIONAL UNION CONSTITUTION The Local Union acknowledges that the General Constitution of the International Union supercedes any provisions of these Bylaws which are inconsistent with such Constitution. The Local Union further acknowledges that the Bylaws of the District Council shall govern and supercede these Bylaws to the extent that any provisions set forth herein are inconsistent with such Bylaws. ARTICLE XXVI: SAVING CLAUSE 1. The provisions of these bylaws relating to the payment of dues, assessments, fines or penalties, shall not be construed as incorporating into 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 General Constitution and these Local Union bylaws (and in conformity therewith) shall be legal obligations of the members upon whom imposed, and enforceable in a court of law. 2. If any provision of these bylaws shall be declared invalid or inoperative, by a competent authority of the executive, judicial or administrative branch of the federal or state government, the Local Union Executive Board, subject to approval of the Local Union, 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. If any article or section of these bylaws should be held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of these bylaws or the application of such article or section to persons or circumstances other than those as to which it has been held invalid, shall not be affected thereby ylaws Committee Members: ______________________ ______________________ Christopher Graeber, Business Representative Michon Cherry, President ______________________ ______________________ Linda Bordeuax, Vice-President Terri Dunn, Trustee #1 ______________________ ______________________ Guadalupe Martinez, Recording Secretary Matthew Swagler, Trustee #2 Appendix A CALIFORNIA PROFESSIONAL EMPLOYEES CalPro LOCAL UNION # 2345 District Council # 36, AFL-CIO |
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