Bylaws
BY-LAWS
OF
INTERNATIONAL UNION
OF
OPERATING ENGINEERS
LOCAL UNION
- 917, 917A, 917B, 917C, 917R
OPERATING ENGINEERS
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.
ARTICLE I
BY-LAWS
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
Sequatchie Rhea
District No. 2, Knoxville
Jefferson Loudon Hamblin
Cooke Monroe Sevier
Blount Roane Union
Scott Knox Morgan
Anderson Campbell
District No. 3, Kingsport
Sullivan Unico Hawkins
Johnson Washington Hancock
Carter Greene Claibourne
Granger
District No. 4, Tullahoma
Pickett White Cannon
Clay Van Buren Franklin
Overton Smith Fentress
Jackson DeKalb Trousdale
Putnam Warren Macon
Coffee
ARTICLE II
Craft Jurisdiction
The craft jurisdiction shall be as defined by the Constitution of the International Union of Operating Engineers.
ARTICLE III
Dissolution
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.
ARTICLE IV
Affiliation
This Union may affiliate with any body of the American Federation of Labor, which has for its object the improvement of the laboring class.
ARTICLE V
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) Under the influence of alcohol or drugs.
(3) Willfully damaging machinery or equipment.
(4) Leaving a 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. Members who are requested to appear before the Local Union and/or the Executive Board, and do not appear, may be subject to disciplinary action.
(8) Failing to report to Local Union concerning the employment on jobs of non-members or members in bad standing.
(9) No member shall work in the jurisdiction of the Local Union, in the craft of the International Union of Operating Engineers, for pay below the negotiated wage rate or without benefits and conditions established by the Local Union.
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 immediatelynotify theBusiness Manager of any change in their current address. It shall be the member’s responsibility to keep the Local Union informed of their current qualifications, licenses and certifications. Failure to do so will impact member’s referral out to work.
ARTICLE VI
Elective Offices
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 the semi-annual meeting in the month of Juneof Local Union No. 917. The Election Committee shall be duly appointed by the Business Manager. The election shall be conducted under the supervision of the duly appointedelection committee and a C.P.A.
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.
ARTICLE VII
Executive Board
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 the authority to establish or dissolve committees and appoint or remove committees and committee members,but in no event shall the Local Union Business Manager or the Executive Board remove delegates or appoint delegates 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 determine salaries of local union employees with the consent and guidance 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.
Section 7. The regular constituted Executive Board shall meet monthly, except that the Executive Board may dispense with monthly meetings during a vacation period. Special called meetings shall be in accord with Article XXIV, Subdivision 10, Section (b) of the International Constitution.
ARTICLE VIII
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 gobefore 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.
ARTICLE IX
Fines and Assessments
All fines, assessments or other indebtedness must be paid before months dues are accepted from any member.
ARTICLE X
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.
ARTICLE XI
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.
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,his office may be declared vacant in accordance with Article XXIV, Subdivision 1, Section F of the International Constitution. An Executive Board member working on a traveling crew, in the interest of Local 917, shall be allowed to conference call via telephone for Executive Board meetings; however, if a call isn’t received, he or she will be considered absent.
Section 5. Intoxication will not be allowed in the office, waiting room, apprentice school, or meeting hall of the Local Union.
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.
ARTICLE XII
Meetings
Section 1. Regular stated membership meetings of Local Union No. 917 shall be held semi-annuallyin District No. 2on the second Mondayin Juneand the second Mondayin December of each year, together with such other meetings as may be necessary and called upon with due notice to the members. The District meetings shall be held quarterly in conformity with the following: Schedule of District Meetings.
District No. 1 – First (1st) Monday of February, May, July, and November at 6:30 P.M.
District No. 2 – Second (2nd) Monday of February, May, July, and November 6:30 P.M.
District No. 3– Third (3rd) Monday of February, May, July, and November at 6:30 P.M.
District No. 4 – Fourth (4th) Monday of February, May, July, and November at 6:30 P.M
Section 2. The District meetings shall be presided over by the President, or in his absence, the District Representative of the Districtor a member whom the Presidentdesignates.
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.
Section 7. The Local Union Business Manager shall be a delegate to all International Conventions. For all remaining delegates and alternates, the Local shall hold nomination of delegates to General Conventions at District or general membership meetings no later than the month of January prior to the International Convention, with elections no later than February, but in no event more than one (1) year prior to the first day of the Convention.
ARTICLE XIII
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.
Section 2. The Business Manager shall be the chief executive officer of a Local Union. He shall appoint any and all representatives, agents and assistants, whose wages and allowances shall be determined as provided in the Local Union’s Bylaws. They shall work directly under his supervision. He may terminate them at any time. Should the Business Manager discharge any such employee, said employee shall not be re-employed or paid by the Local Union, in any capacity, during the term of office of the Business Manager, unless prior approval has been given.
Section 3. Due to the special burdens and heavy responsibilities imposed on the Business Manager of a Local Union, no member shall be eligible for election to, be elected to nor hold the office of Business Manager, unless he shall have been continuously in good standing in the Local Union electing him for a period of two (2) years preceding the month of nominations, in addition to fulfilling the qualifications for other Local office.
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.
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) The election committee shall be appointed by the Business Manager. The Election Committee shall consist of six (6) members in good standing. Election Committee shall be appointed in the month of June.
(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 to 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.
ARTICLE XIV
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,that Article or Section of By-Lawsshall be null and void.
ARTICLE XV
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.
ARTICLE XVI
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 April 2009 and revised July 2009) conform with the International Constitution; Amended by 38thInternational Convention May 2018.
Approved By:
LOCAL EXECUTIVE BOARD