BY-LAWS OF INTERNATIONAL UNION OF OPERATING ENGINEERS
917, 917A, 917B, 917C, 917R
6830 Lee Parkway West
Chattanooga, TN 37421
AMENDED APRIL 2009 & REVISED JULY 2009 TO COMPLY WITH CHANGES IN THE INTERNATIONAL CONSTITUTION AND APPLICABLE FEDERAL LAW
Local Union No. 917, 917A, 917B, 917C, 917R
DECLARATION OF PRINCIPLES
We, the members of Operating Engineers’ Local No. 917, 917A, 917B, 917C, and 917R of the eastern part of the State of Tennessee, in order to solidify and perfect a more useful and beneficial Union, to strengthen our defense and promote the welfare of our membership, have adopted the following principles:
Section 1. Whatever right belongs to one member, belongs to all members alike so long as they remain in good standing in the Local Union, except as otherwise provided for in the Constitution.
Section 2. To regulate ourselves and the affairs of our Local Union so that it may reflect honor and dignity and be an honorable institution through which to earn a livelihood.
Section 3. The right of every member to receive just and fair remuneration for his services that he may have sufficient time for mental and physical relaxation.
Section 4. To more closely cement the interest and relationship of the members of Operating Engineers’ Local 917, 917A, 917B, 917C, and 917R and the International Union.
Section 5. To try by all just means to promote harmonious relations with our Employers by exercising due care and diligence in the performance of our duties.
Section 6. Based on the above enumerated principles, we, as a Local Union, are determined to use every lawful means at our command to promote the best interests of our members, and have adopted the following By-Laws:
The Constitution of this Local shall be the same as that of the International Union of Operating Engineers.
Name, Jurisdiction and Districts
Section 1. The Union shall be known as the International Union of Operating Engineers, Local 917, 917A, 917B, 917C, and 917R, and such other Branch Local Unions as may be chartered by the International Union.
The territorial jurisdiction shall be that jurisdiction granted by the International Union of Operating Engineers, inscribed on the charter, issued and/or amended by the International Union of Operating Engineers, in accordance with the provisions of the Constitution, and shall be divided into four (4) districts, as follows:
District No. 1, Chattanooga
McMinn Hamilton Bradley
Grundy Cumberland Meigs
Bledsoe Polk Marion
District No. 2, Knoxville
Jefferson Loudon Hamblin
Cooke Monroe Sevier
Blount Roane Union
Scott Knox Morgan
District No. 3, Kingsport
Sullivan Unico Hawkins
Johnson Washington Hancock
Carter Greene Claibourne
District No. 4, Tullahoma
Pickett White Cannon
Clay Van Buren Franklin
Overton Smith Fentress
Jackson DeKalb Trousdale
Putnam Warren Macon
The craft jurisdiction shall be as defined by the Constitution of the International Union of Operating Engineers.
This Union shall not be dissolved nor shall its territorial jurisdiction be diminished, nor shall there be issued any other charter for any other Local Union within Local 917’s present jurisdiction, except upon the order of our General President, General Executive Board or General Convention and in conformity to the Constitution of the International Union of Operating Engineers, nor shall Local 917 petition the General President or General Executive Board for any other Hoisting and Portable charter to be established within our present jurisdiction without first taking a mail referendum vote by all the members in good standing of Local No. 917, 917A, 917B, 917C, and 917R and a two-thirds vote of all said members cast in favor thereof.
Any member of Local 917, 917A, 917B, 917C, or 917R who illegally advocates a division or split of Local No. 917 shall be fined, suspended or expelled by the Local Union upon conviction thereof.
This Union may affiliate with any body of the American Federation of Labor, which has for its object the improvement of the laboring class.
Duties of Members
Section 1. In addition to the duties required by the Constitution and Ritual, every member will be required to conform to and abide by the hours, wages and conditions of employment provided for in the trade rules of Local Union No. 917, 917A, 917B, 917C, and 917R, or as negotiated under signed agreements with this Local Union. Any member found guilty of entering into an individual or personal contract or agreement with his Employer, which serves to lower the wages, hours or conditions of employment established by this Local Union will be subject to disciplinary action in accordance with the provisions of Article XXVI, Section 2 of the International Constitution. All charges shall be in accordance with Article XXIV, Subdivision 7, Section E of the International Constitution and all trials shall be in accordance with Article XXIV, Subdivision 7, Section L of the International Constitution.
Section 2. No member shall engage in conduct discreditable to the organization or be guilty of any of the following acts:
(1) Failing to observe and follow customary procedures and regulations concerning assignment to work, transfer of work, or reporting on “out-of-work” list.
(2) Intoxication on the job.
(3) Willfully damaging machinery or equipment.
(4) Leaving job without giving due notification to Employer and Union.
(5) Leaving equipment while in operation during working hours without being properly relieved.
(6) Engaging in unauthorized meetings or aiding in the formation of secret cliques among the members.
(7) Refusing to comply with lawful orders of Business Agents or Officers of the Local Union.
(8) Accepting employment without the proper job clearance.
(9) Refusing to show dues book or receipts when requested to do so by Business Agent or Job Steward.
(10) Failing to report to Local Union concerning the employment on jobs of non- members or members in bad standing.
Section 3. Members who fail to make claim for shortages in wages and/or overtime within thirty (30) days after each pay period shall not be deemed as having a just claim and will be subject to penalty for failing to report such shortages.
Section 4. Members shall immediately notify the Recording-Corresponding Secretary of any change in their current address.
Section 1. The elective offices of this Local Union shall consist of: Business Manager, President, Vice-President, Recording-Corresponding Secretary, Financial Secretary, Treasurer, Three (3) Trustees, Three (3) Auditors, Conductor, and Guard. The office of the Financial Secretary and Treasurer shall not be held by the same person.
Section 2. The term of all Local Union Officers elected in 1965 and thereafter shall be for three (3) years.
Section 3. No member shall be eligible for election, be elected, nor hold office unless he shall have been a member continuously in good standing in the Local Union electing him for one (1) year preceding the month of nominations; and provided that no member shall be eligible for election, be elected, nor hold office unless he shall also have been a member of the organization for two (2) years immediately prior to election.
Section 4. The election of Officers shall be held during the month of August and Nominations shall be held at each regular District meeting of Local No. 917 in the month of July preceding the election. The election shall be conducted under the supervision of a duly elected election committee, consisting of two (2) members for each district, and a C.P.A. The installation of newly elected Officers shall take place at the first regular meeting of District No. 1 in September.
Section 5. If vacancy occurs in any office, it shall be filled in accordance with Article XXIV, Subdivision 1, Section F of the International Constitution.
Section 6. Notice of Nomination and Election shall be in compliance with applicable Federal Laws.
Section 7. No one will be eligible for office who engages in the conduct prohibited by Section VI (A) of the IUOE’s Code of Ethics.
Section 1. This Local Union shall establish an Executive Board composed of its Business Manager, President, Vice President, Recording-Corresponding Secretary, Financial Secretary, Treasurer, and four (4) members of Local 917 who shall be elected in the same manner and for the same term as the Local Officers. A quorum to conduct business shall consist of a majority of the Board members.
Section 2. All powers of regular meetings of the Local Union when in session shall, when the same is not in session, pass to and are vested in the Executive Board. In addition to the powers generally conferred by the Constitution, the Local Union and its Executive Board shall assume and exercise all powers pertinent to the Local Union or the Executive Board as provided in Article XXVI, Section 1 and Section 2, entitled “District Administration Form of Local Union Government” of the International Constitution.
Section 3. The Local Union Business Manager shall have power to appoint or remove delegates and appoint or discharge committees, subject to the approval of the Executive Board. But in no event shall the Local Union Business Manager or the Executive Board remove delegates or appoint delegates or committee members that have been duly elected as set forth in the By-Laws of Local No. 917.
Section 4. The Business Manager shall have the authority to pay all salaries and other current expenses, subject to the approval of the Executive Board.
Section 5. The Executive Board shall be the policy forming tribunal of the Local Union.
Section 6. The Executive Board shall be charged with the responsibility of supervision of all branch Local Unions and shall set their initiation fees and monthly dues, subject to the approval of the General President and the Local Union.
Section 7. The regular constituted Executive Board shall meet as often as necessary and not less than once every month or at the call of the President
Initiation Fees and Applications
Section 1. The initiation fee into Local Union No. 917 shall be one hundred and fifty dollars ($150.00) plus any and all fees or tax required by the Local or the International Union.
Section 2. The initiation fees into the Apprentice or Branch Local Unions shall be as follows:
Local 917A – Fifty dollars ($50.00)
Local 917B – Seventy-five dollars ($75.00)
Local 917C – Five dollars ($5.00)
Local 917R – Ninety dollars ($90.00)
Plus any and all fees or tax required by the Local Union or the International Union.
Section 3. An applicant for membership into Local No. 917 or its Branches must present, with his application form completely filled out, an initial payment of not less than ten dollars ($10.00).
Section 4. A candidate for admission into this Local Union shall go before the Executive Board who shall determine the applicant’s fitness to become a member, and shall meet other requirements of the Constitution of the International Union of Operating Engineers.
Section 5. Where the initiation fee is not paid in full within sixty (60) days from date of application, money paid thereon shall be forfeited, unless the applicant is rejected.
Section 6. Where an application for membership is rejected, the money paid on initiation fee shall automatically be refunded.
Fines and Assessments
All fines, assessments or other indebtedness must be paid before months dues are accepted from any member.
Bonding of Officers
Section 1. It shall be the responsibility of the Business Manager of this Local Union to see that all employees and officers handling finances of the organization be properly bonded in accordance with Article XXIII, Section 8 of the International Constitution.
Quorum and Rules of Order
Section 1. Quorum: A quorum for the transaction of business at meetings shall conform to the provisions of Article XXIV, Subdivision 9 of the International Constitution.
Section 2. At the hour set, the President shall call the meeting to order and preside. In the absence of the President, the Vice President shall preside. In the absence of both, the Recording Corresponding Secretary shall call the meeting to order, and the membership shall elect a temporary chairman.
Section 3. No member shall be allowed to leave the meeting while in session except by permission of the President or Vice President, or temporary chairman.
Section 4. If any officer absents himself from four (4) consecutive regular meetings of the general membership without satisfactory excuse, his office may be declared vacant in accordance with Article XXIV, Subdivision 1, Section F of the International Constitution.
Section 5. No member under the influence of intoxicating liquor shall be admitted to the meeting hall.
Section 6. The President shall have the power to exclude from the meeting any member guilty of indecorous or unruly conduct. Fines are to be levied only after proper charges and trail conducted under the provisions of the International Constitution.
Section 7. No subjects, except such as are strictly in the interests of labor and the welfare of the sick brothers, shall be discussed at any meeting.
Section 8. Appeals from decisions of the chair shall not be debatable except by the President and the members making such appeal.
Section 9. A motion shall not be subject to debate until it has been recorded and stated by the Chairman.
Section 10. When a question is before the meeting, no motion shall be in order except the following:
No. 1 – to adjourn
No. 2 – to lay on the table
No. 3 – for the previous question
No. 4 – to postpone
No. 5 – to refer or recommit
No. 6 – to amend
The above mentioned motions shall have preference in the order named, the first three (3) of which shall be decided without debate.
Section 11. It shall not be in order for a person who has spoken on a question to move the previous question at the close of his remarks.
Section 12. A member having made a motion may withdraw it with the consent of his second, but a motion once debated cannot be withdrawn except by unanimous consent of the members present.
Section 13. Before the presiding officer declares the vote on a question, any member may ask for a division of the house, in which case the chair is duty bound to comply with such request and call for a standing vote.
Section 14. No member shall speak on any one question longer than ten (10) minutes, no more than once, until everyone who desires has had an opportunity to speak.
Section 15. No member shall be interrupted while speaking except to call him to order or for the purpose of explanation or information.
Section 1. Regular stated membership meetings of Local Union No. 917 shall be held semi-annually in Chattanooga on the second Friday in June and the second Friday in December of each year, together with such other meetings as may be necessary and called upon due notice to the members. The District meetings shall be held monthly in conformity with the following: Schedule of District Meetings.
District No. 1 Meeting first Friday night of each month. 7:30 P.M.
District No. 2 Meeting second Friday night of each month except in June and December. 7:30 P.M.
District No. 3 Meeting third Friday night of each month. 7:30 P.M.
District No. 4 Meeting fourth Friday night of each month. 7:30 P.M.
Section 2. The District meetings shall be presided over by the District Representative of the District or a member whom he designates.
Section 3. It shall be the duty of the District Representative to see that accurate minutes are kept of all District meetings and a copy thereof attested by the District Representative be filed with the Local Union Business Manager. Such recommendations and suggestions as may be contained therein shall be referred to the Executive Board for its consideration.
Section 4. Roberts Rules of Order shall be the guide for proceedings before all meetings.
Section 5. At regular meetings or special called meetings of the District, the District Representative may appoint the Secretary, Guard and Conductor to conduct the District meetings.
Section 6. Special meetings shall be called in accordance with Article XXIV, Subdivision 10, Section (c) of the International Constitution. Special meetings shall be those at which business of a special nature is to be transacted. At such meetings, the special business for which the meeting was called must be the only business transacted.
Local Union Business Manager
Section 1. At the regular election of officers for Local Union No. 917, a Local Union Business Manager shall also be elected. He shall direct the affairs of the Local Union and represent all members of Local Union No. 917 and its subdivisions. He shall be in direct charge of all Business Representatives and office employees and vested with full authority to employ, discharge and set salaries of same. He shall retain such legal counsel, certified public accountants and other personnel as he may deem necessary, subject to the approval of the Local Executive Board.
Section 2. The Local Union Manager may be delegated such other duties as the Local Union or the General President may deem advisable or necessary, and be a delegate to all International Conventions.
Section 3. No member shall be eligible for this position unless he shall have been a member in good standing of Local Union No. 917 for the previous two (2) years, immediately prior to the month of nominations.
Section 4. His salary shall be set by the Executive Board and approved by the Union but in no event shall his salary be less than twenty percent (20%) above the salary paid to any Business Representative under his supervision. His term of office shall correspond to the term of office established for other Local Union officers or until his successor in office shall have qualified.
Section 5. The election of officers shall be conducted by mail and be open to vote of all members in good standing in Local No. 917, 917A, 917B, 917C, and 917R, and shall be conducted in the following manner:
(A) There shall be two (2) members of Local No. 917 elected at each district meeting during the month of June preceding the election, whose duties shall be as follows:
(1) The members of the Election Committee shall elect a Chairman and Vice-Chairman whose responsibility shall be to secure the services of a C.P.A. to witness the selection of boxes and locks for the same.
(B) The Committee shall be responsible for checking the qualifications of the nominees for all offices with our Constitution and By-Laws.
(C) Draft an official ballot for the nominees and list their names in alphabetical order as their name appears on the Local Union register.
(D) A majority of the members of the Election Committee shall be required to check the ballot boxes for their readiness and turn the ballot boxes over to the proper authorities.
(E) A majority of the Committee and the C.P.A. shall pick up the ballot box from the postal authorities at the proper time and return it to the proper place designated to tally the votes.
(F) The Election Committee shall tally the votes of only members in good standing, provide measures in insure that each member votes only once for each office, making sure that no person can determine how any member voted.
(G) The ballot box shall be in the custody of not less than a majority of the Election Committee and the C.P.A. until the ballots are counted and the winning candidates are officially announced.
In case any Article or Section of these By-Laws be in variance with or in contravention to the Constitution, Laws and Ritual of the International Union, the same shall be null and void.
These By-Laws may be amended by a majority vote of the members by mail referendum, providing such amendment has been presented to the Local Union Executive Board, approved by the General President, and due notice given the members.
Local Union No. 917 does, by these By-Laws, accept and adopt the provisions of Article XXVI of the International Constitution, extending to Local Unions the right of operating under a district administrative form of government.
These By-Law amendments (previously amended March 11, 1978) conform with the International Constitution; Amended by 37th International Convention April 2008.
LOCAL EXECUTIVE BOARD
VINCENT J. GIBLIN, GENERAL PRESIDENT