City of Fort Worth Steelworkers Bylaws

This organization shall be known as North Texas Association of Public Employees - United Steelworkers of America, Local # (hereinafter also referred to as "this Association" or “The Association”). The Association is an associate organization of the United Steelworkers of America International Union (hereinafter also referred to as “the USWA” or “International”), and has been chartered by the USWA as an associate organization pursuant to Article XVIII of the USWA Constitution.

First. To unite in this Association, regardless of race, creed, color, sex or nationality, all working men and working women who are employees of the City of Fort Worth, Texas and who are within the jurisdiction of this Association.

Second. To improve the wage standards, hours of work and working conditions for employees of the City of Fort Worth, Texas by presenting the grievances of such employees concerning their wages, hours of employment and conditions of work pursuant to Section 617.005 of the Texas Code.

Third. To engage in educational, legislative, political, civic, social, welfare, community and other activities; to advance and safeguard the economic security and social welfare of all municipal, state, county and public employees working in the State of Texas, and in the United States.

Fourth. To protect and extend our democratic institutions and civil rights and liberties; and to perpetrate and extend the cherished traditions of democracy and social and economic justice of the United States, Canada and the world community.

Fifth. To take all steps and actions consistent with the Constitution and policies of the USWA, and these By-Laws, to implement and carry out the objects, rights, activities and responsibilities of this organization and the USWA.

Section 1. All members in good standing of the Association who are within the jurisdiction of this Association shall, by virtue of such membership in the Association, constitute the membership of this Association.

Section 2. Persons having supervisory power shall be eligible for membership under the terms established by the International Executive Board.

Section 3. No person shall be eligible for membership, or for nomination or election or appointment to, or to hold any office, or position, or to serve on any Committee in the USWA or in this Association or to serve as a delegate there from who is a member, consistent supporter, or who actively participates in the activities of the Communist Party, Ku Klux Klan, or of any fascist, totalitarian, or other subversive organization which opposes the democratic principles to which the United States and Canada and our Union are dedicated.

This eligibility requirement shall be in addition to any other eligibility requirement imposed by any other Article or Section.

Section 1. Officers of this Association shall be: President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Guide, two (2) Guards, three (3) Trustees and two (2) Grievance Co-Chairs, and Unit Chairs for each department. The Association’s Executive Board shall consist of the Officers of the Association.

Section 2. No member shall at the same time be a candidate for or hold more than one of the offices named in Section 1 of this Article.

Section 3. Officers and Executive Board Members shall be elected for a term of three years at the last meeting in _____ 2002, or on such other day and/or at such other hours in _____ 2002 as the membership shall determine and which will enable all members who so desire to vote. Election shall be by a plurality vote of the members in good standing participating in a secret ballet vote. Those elected in ______ 2002 shall be installed at the first regular meeting in _____2002 and shall serve until their successors are elected and qualified, at which time all money, official records and documents, and all property belonging to the Association shall be turned over to such successors. In any case in which only one eligible member has been nominated for an office, and that member has indicated acceptance of the nomination within the time limits and in the manner prescribed by the approved By-Laws or rules of the Association, no election need be held for that office, and the member who has been so nominated shall be deemed elected. An officer who retires from an enterprise serviced by the Association shall not be permitted to continue in office.

Section 4. The date of the Associations elections for Officers and Executive Members must be advertised among members at least fifteen (15) days previous to the date of the election by mailing notice of the date, place and hours of the election to each member in good standing at the member's last known home address. The notice must also specify the Association’s offices to be filled.Nominations shall be made at the immediately preceding meeting. However, where a Local Union holds two meetings in each month, nominations may be made at the last meeting in the month preceding the month in which the election is held. Notice of the nominations meeting shall be given to the membership at least one (1) week in advance of the meeting.

Section 5. No member shall be eligible for election as a Association Officer or Grievance Committee Member unless:

(a) The member shall have been in continuous good standing for a period of 24 months immediately preceding the month in which the election is held; [1] and

(b) The member is employed by the City of Fort Worth within the jurisdiction of the Association; and

(c) In order to be eligible for election as a Association Officer of Grievance Committee Member in any regular election or election to fill a vacancy, a member shall have attended at least one-third (1/3) of the regular meetings held by the Association during the twenty-four (24) month period immediately preceding the month in which the election is to be held. This provision shall first become effective for the 2005 election cycle.

Meetings which a member was prevented from attending because of such member's Union activities, working hours, service in the armed forces of the United States, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such member's eligibility under this Section; provided, that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Association Elections Manual. [2]

Section 6. The Association’s elections shall be conducted in accordance with the provisions of the Local Union Elections Manual adopted by the USWA.

(a) The President shall preside at all meetings of the Association and preserve order, and shall decide all questions of order, subject to an appeal to the Association. The President shall have the right to vote at all elections of Officers, and when the members are equally divided on other questions, shall have the deciding vote.

(b) The President shall call special meetings by request of ten members in good standing of the Association. This request shall be in writing, shall state clearly the purpose of the meeting and shall be signed by those making such request. Notice of all special meetings must be given to the members of the Association by bulletin board posting or other reasonable means. The business of the special meeting shall be confined to the subject for which that meeting was called, and the meeting shall be conducted in accordance with the same procedures as govern regular meetings. The above provision concerning the holding of a special meeting does not require the Chair at such meeting to entertain a motion to vote on a matter which was acted upon after notice at a previous meeting. In the absence of a provision of the International Constitution or the Association By-Laws specifying the method of voting at such meeting the membership in attendance at such meeting shall determine the method of voting.

(c) The President shall enforce the provisions of the International Constitution and of these By-Laws and the policies and Manuals of the USWA, and shall appoint all committees not otherwise provided for and be ex officio member of all committees. The President shall perform such other duties as the Association may assign.

(d) (1) In the event that a vacancy occurs in the office of Vice President, Recording Secretary, Financial Secretary, Treasurer, Guide, Guard or Trustee or in the position of Grievance Committee Member at any time during the term of office, the remaining Association Officers shall, by majority vote select a successor to serve for the remainder of that term.

(d)(2) Wherever a Association Officer (except President) or Grievance Committee Member, because of receipt of an extended vacation benefit or otherwise, will be unable to serve during an extended temporary period, a temporary replacement will be designated as provided in sub-paragraph (d) (4) of this section. The temporary replacement shall carry out all the duties of the office or post during such temporary period.

(d)(3) Where the temporary vacancy is in the office of the Association President, the Vice President shall assume the duties of the President including the authority to be one of the signatories to checks, and shall be known as "Temporary Acting President." When the temporary period has ended, the "Temporary Acting President" shall revert to the position of Vice President.

(d)(4) Where the temporary vacancy is in a Association Office (other than President) or in a Grievance Committee post, the Association Officers shall, by majority vote, select a "Temporary Acting" replacement. Temporary Acting Treasurers and Financial Secretaries shall be authorized, during the temporary period of their service, to be signatories to checks. A replacement shall serve only until the temporary period is ended.

(d)(5) In the event of a vacancy none of the remaining officers either alone or acting together may perform the functions of the vacant office but rather the vacancy must be filled in accordance with the provisions set forth above.

Section 2. Duties of the Vice President. The Vice President shall assist the President in the discharge of the President’s duties and during the President's absence shall perform the duties of the President. In the event that a vacancy occurs in the office of President, the Vice President shall act as President for the unexpired term.

(a) The Recording Secretary shall record the proceedings of the Association in a book kept for that purpose, read all papers and perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the USWA, and the Association. The Recording Secretary shall also have custody of the Association Seal, and shall be responsible for any misuse of same.

(b) The Recording Secretary shall read to the Association communications which require attention.

(a) The Financial Secretary shall receive all money due the Association and pay the same to the Treasurer, from whom the Financial Secretary shall take a receipt. The Financial Secretary shall also keep accurately the accounts of the Association with its members, and shall at all times have the books open for examination by the Trustees, and perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the USWA, and the Association. The Financial Secretary shall make out the various reports required by the International Secretary-Treasurer and forward such reports to the International Secretary-Treasurer in accordance with instructions.

(b) Should it be proved that the Financial Secretary has failed to report monthly the full membership of the Association as provided for in the report to the International Secretary-Treasurer and transmit the full amount of dues, the Financial Secretary shall be suspended from all privileges and benefits until the deficiency is made good, and shall be liable to the USWA for the full amount unpaid.

(d) The Financial Secretary's accounts shall be subject at all times to audit the International Secretary-Treasurer.

(e) The Financial Secretary shall make a detailed financial report at least once each month at the Association meeting covering the receipts and expenditures of all funds of the Association. If the expenses of the Association exceed its current income or impair its reserves, the Financial Secretary is obliged to call this fact to the attention of the membership.

(a) The Treasurer shall receive from the Financial Secretary all money collected by the Financial Secretary and shall deposit all money belonging to the Association in a bank designated by it. All dues shall be deposited in a separate bank account to be designated as a trust fund for the USWA. The Treasurer shall cause to be issued to the Financial Secretary a receipt for all money turned over to the Treasurer or deposited to the Treasurer's credit in the regular bank account. The Treasurer shall issue a separate receipt for the amount of money turned over at any time or for such deposit made, and shall sign all checks and have them countersigned by the President and the Financial Secretary.

(b) The Treasurer shall keep regular and correct accounts of all money received and paid by the Treasurer, and report at each meeting the balance of cash shown by the last report, the amount received since, the total checks issued and authorized, and the balance remaining. The Treasurer's accounts shall be open for examination by the Trustees at any time when called upon. The Treasurer's books shall be subject at all times to audit by the International Secretary-Treasurer of the United Steelworkers of America. The Treasurer shall perform such other duties as are required by the International Constitution, these By-Laws, the various Manuals and policies of the USWA, and the Association.

(c) All money paid out by the Association from its treasury must be approved by the members at a Association meeting. Under no circumstances shall officers or members pay bills without authorization by a Association meeting, nor shall the members authorize payment of any bill or incur any obligation for which funds are unavailable, nor shall the members authorize the payment of or incur a debt for any activity not in accordance with the Constitution and policies of the USWA and these By-Laws. Bills charged to the Association should be submitted to the Recording Secretary, who in turn should submit them to the Association meeting for approval.

(d) Recurring standard bills (fixed salaries which have been previously authorized, taxes – local, state, and federal – rent, light, heat, etc.) may be paid by the Treasurer on a single authorization by the Association to pay such bills when due.

(e) Under no circumstances shall any of the dues collected by the Association be spent before being sent to the International Secretary-Treasurer.

Section 6. Duties of the Guide. It shall be the duty of the Guide to see that all present are entitled to remain.

Section 7. Duties of the Guards. It shall be the duty of the Guards to take charge of the door and see that no one enters who is not entitled to do so.

Section 8. Duties of the Trustees. It shall be the duty of the Trustees to have charge of the hall and all property of the Association, subject to the direction of the Association. They shall audit the books and financial records of the Association every three months and give a report of such audit at the next regular Association meeting. [3] They shall perform such other duties as the Association may require.

Section 9. Duties of the Grievance Committee Co-Chairs. The Grievance Committee Co-Chairs shall be responsible for ensuring that grievances are properly presented to the appropriate levels of the City administration, and resolved in a prompt and efficient manner.

Section 10. This Association shall enforce the International Constitution, the various International Manuals and policies, and these By-Laws, as affecting its membership.

The funds and property of the Association shall be managed, invested, expended or otherwise used to implement and carry out the objects, rights, activities, and responsibilities of the Association or the USWA, and to administer the affairs of the Association, in accordance with the constitution, Manuals and policies of the USWA and these By-Laws.

Section 11. This Local Union shall enforce the International Constitution, the various International Manuals and policies, and these By-Laws, as affecting its membership.

The funds and property of the Local Union shall be managed, invested, expended or otherwise used to implement and carry out the objects, rights, activities and responsibilities of the Local Union or the International Union, and to administer the affairs of the Local Union, in accordance with the Constitution, Manuals and policies of the International Union and these By-Laws.

Section 12. It shall be the duty of the President, financial Secretary and Treasurer to insure that the funds and property of the Association are preserved, managed, invested and expended in accordance with the International Constitution, Manuals and policies and these By-Laws.

Section 1. Salaries and expenses for Officers and employees of this Association shall be as follows: ____________________. [4]

Section 2. All tax requirements in connection with the above payment shall be complied with.

Section 3. Pursuant to voluntary authorization of dues deductions the Financial Secretary shall be responsible for establishing a procedure to deduct from the Union pay of Association Officers and/or representatives monthly dues which are not deducted by the City in any given month.

Section 1. The Association shall hold a general membership meeting at least once every month, except that a Association may, with the approval of the Membership and the District Director, hold meetings, less often, but in no event less than quarterly.

Section 1. A person within the jurisdiction of the Association becomes a member in good standing by completing an Authorization Card and by paying dues promptly in accordance with Article X of these By-Laws, commencing with the month during which the member shall have been admitted, and shall continue to pay all dues promptly when due in order to be and remain in good standing. [5]

Section 2. A member who has not lost good standing under other provisions of the International Constitution shall be in good standing if not more than three (3) months in arrears in any constitutional obligations.

Section 3. Members who lose good standing shall stand automatically expelled and devoid of all membership rights, [6] and shall not be reinstated in good standing except upon such terms as the Association and the International Executive Board may decide.

Section 4. Any member who retains employee status in a bargaining unit represented by the USWA but who because of layoff has not, for twenty-four (24) continuous months, performed at least (5) days' work in any month in such bargaining unit shall be deemed not in good standing (but not expelled) and devoid of all membership rights until such time as the member is recalled or obtains employment in a bargaining unit represented by the USWA and resumes payment of current dues, at which time the member shall automatically be restored to good standing. No Association Officer or Grievance Committee Member shall lose good standing under this Section for the remainder of the term in office.

Section 5. A member not in good standing shall not be permitted to vote, nominate for office, hold office, or be a candidate for office.

Section 6. A member whose membership is terminated shall have no right or interest in any property of the Association or of the USWA, including any dues, assessments or other financial obligations paid by such member in advance of the effective date of such termination.

Section 1. Dues for a member shall be 1% of his/her monthly earnings or a flat dollar amount per month that is equivalent to 1% of the average monthly earnings for all Association members in the aggregate. Such flat dollar amount shall be determined by the Executive Board but shall not exceed $20 per month per member.

Section 2. The full amount of all dues and assessments collected by the Association shall be forwarded to the USWA Secretary-Treasurer, within fifteen days after the close of any month, fifty percent (50%) of the amount of the dues and assessments collected by the Association shall be returned to the Association.

Section 3. Compulsory assessments may not be imposed by the Association unless approval has first been secured from the USWA and unless agreed to by a two-thirds (2/3) majority vote of the membership of the Association, voting by secret ballot after prior notice to the membership. At no time shall the Association assessment exceed two dollars ($2.00) per member in any one year.

Section 4. An individual member shall be entitled to exoneration from the payment of dues for any month for which the member has not become entitled to five (5) days' pay or its equivalent in wages and benefits in lieu of wages. The International Executive Board shall adopt rules and regulations governing the implementation, application and administration of this Section.

Section 5. In all cases, other than the one provided in Section 5 of this Article, where the Association desires exoneration from the payment of dues for certain of its members, the request for exoneration must be signed by the Association President, the Association Financial Secretary and the Association Recording Secretary, and approved by the District Director and the International Secretary-Treasurer.

Section 6. When exoneration is granted, the request on the required report must be renewed each month.

Section 7. The Association President, Financial Secretary, and Treasurer shall be bonded in amounts to be determined by the International Executive Board. Such bonds shall be obtained by the International Secretary-Treasurer. Clerks employed by the Association and handling finances in any way must be bonded by the Association through arrangement with the International Secretary-Treasurer.

Delegates to International Convention

Section 1. No member shall be eligible to be a delegate to an International Convention unless the member (a) is employed in an enterprise, public or private, or any other place within the jurisdiction of the International Union or is one of the staff representatives of the International Union;

(b) shall have been in continuous good standing for a period of twenty-four (24) months immediately preceding the International Convention; [7] and

(c) has attended at least one-third (1/3) of the regular meetings held by the member’s Local Union during the twenty-four (24) month period immediately preceding the month in which the delegate election is to be held. Meetings which a member was prevented from attending because of such member’s Union activities, working hours, service in the armed forces of the United States or Canada, sickness which confines, death in the immediate family, or jury duty, shall not be counted as meetings held in determining such member’s eligibility under this Section; provided, that the member shall have the burden of proving inability to attend for one of the prescribed reasons, in accordance with procedures specified in the Local Union Elections Manual. [8]

Section 2. Delegates to the International Convention must be elected at an official meeting of the Local Union or by referendum ballot election, after the Call for the International Convention is received and has been read to the Local Union. The Recording Secretary shall issue a Notice, signed by both the Recording Secretary and the Local Union president, at least one week prior to such meeting or election, stating that delegates are to be elected on a certain day.

Section 3. The Local Union may choose to have the Local Union President, if nominated at the official meeting, elected separately as a delegate by acclamation. In such event, the President shall be a delegate if approved by a majority of the members voting. Otherwise, the delegates to be selected from among the nominees must receive a plurality vote of the members voting.

Section 1. A Workers' Compensation Committee and a Safety and Health Committee, under the direction of the USWA or its designated representative, shall be established in the Association.

Section 2. A Civil Rights Committee, under the direction of the USWA or its designated representative, shall be established in the Association to implement our Union's commitment to the protection and extension of civil rights and liberties.

Section 3. An Organizing Committee under the direction of the USWA or its designated representatives shall be established in each Association to assist in organizing unorganized workers in the geographic area in which the Association is situated. [9]

The North Texas Association of Public Employees recognizes that municipal employees do not have the right to strike in the State of Texas. The Association hereby confirms that it does not assert any right to strike, or impose any duty or obligation on its membership to participate or assist in any unlawful strike activity.

Section 1. The provisions of these By-Laws which conform, as required, with the provisions of the standard By-Laws approved by the USWA are automatically in full force and effect. Any additions or amendments to additions to such standard By-Laws shall be in full force and effect after their adoption by vote at a regular meeting of the Association in accordance with the form and procedure provided for in Article XIII, and approval by the International Union.

Section 2. Notwithstanding anything to the contrary herein, these By-Laws and any additions or amendments to additions thereto shall be subject to, and shall not in any way be construed to supersede any of the provisions of the International Constitution or the Manuals and policies of the International Union.

1. Any addition or any amendment to an addition to the standard By-Laws approved by the USWA must be in the form of either a new Subsection under the proper Section, a new Section under the proper Article, or a new Article.

2. All additions and amendments to additions to the standard By-Laws must not conflict with such standard By-Laws and must be submitted to the USWA for approval. Such additions shall become effective only after approval by the USWA.

3. Proposed additions or amendments to additions must be submitted in writing and read at two (2) consecutive Association meetings, and passed by a two-thirds (2/3) majority vote of the membership present at the next regular meeting. The subject matter of such additions or amendments to additions must be advertised to the membership through bulletin board or other medium prior to the meeting at which the vote thereon is to be taken. Such additions or amendments to additions shall become effective only after approval by the USWA.

[1] If the member’s Association has been in existence for a lesser period prior to the election, the member must have been in continuous good standing from the time the member joined such Association.

[2] Because of the difficulty many months after the fact of verifying the validity of a claim that an individual missed a meeting because of “sickness which confines” the Association may wish to adopt the following additional provision:

“Any member who claims inability to attend a Association meeting because of a ‘sickness which confines’ must notify the Recording Secretary of the Association within one month of such meeting; otherwise the meeting will be counted as a meeting held in determining such member’s eligibility under this section.”

[3] The Trustees should give special attention when checking disbursements recorded by the Financial Secretary and Treasurer that proper authorizations for such payments have been entered by the Recording Secretary in the Minutes of the Association.

[4] Insert in this section the amount of salaries and expenses. Each Association is permitted to reimburse for expenses in accordance with its approved By-Laws but in no event in excess of the standards utilized by the USWA for reimbursement of its employees.

Any Association By-Law which has been approved by the USWA but which reimburses in amounts in excess of those allowed by the International for its employees will be permitted to continue provided that such payments are lawful and provided further that no changes increasing such amounts will be approved while the By-Laws are in excess of the International reimbursement policy.

[5] Please note the provision in the Local Union Elections Manual which specifies that a recently hired employee who has signed and delivered to the Association a dues checkoff and membership application card is considered to have satisfied the dues payment requirement for membership even though the member’s first dues payment has not yet been deducted by the City.

[6] Automatic expulsion for loss of good standing must be construed as being confined to situations wherein members have not paid their dues fixed in accordance with the International Constitution, and all their assessments or other financial obligations which have been imposed by the International Union. Failure to meet financial obligations which have not been imposed by the International Union may not result in automatic expulsion but must be treated on the same basis as a commission of any other type of an offense by a member of the Union as provided in Articles XII and XIII of the International Constitution.

[7] If the Local Union has been in existence for less than 24 months prior to the International Convention, the member must have been in continuous good standing from the time that the member joined such Local Union.

[8] Because of the difficulty many months after the fact of verifying the validity of a claim that an individual missed a meeting because of “sickness which confines” the Local Union may wish to adopt the following additional provision:

“Any member who claims inability to attend a local union meeting because of a ‘sickness which confines’ must notify the Recording Secretary of the Local Union within one month of such meeting, otherwise the meeting will be counted as a meeting held in determining such member’s eligibility under this section.”

[9] Broad participation by members from all segments of the Association should be sought for the committees established pursuant to Article XI.

[10] After the minutes have been read by the Recording Secretary a motion must be made and seconded that the minutes be “approved” (or adopted) as read. Such a motion means that in the opinion of the members, the Secretary has recorded the minutes of the previous meeting correctly. Should the reading reveal any errors, or omissions, a member may move to correct the minutes. If this motion is carried, another motion should follow that the minutes “as corrected” now be approved.
It is very important that brief, comprehensive minutes of each meeting be kept by the Recording Secretary. These minutes are the official record of the business transacted by the Association meeting. A regular book is provided by the USWA for this purpose and should always be kept up to date.

[11] The Recording Secretary reads the letters which require attention. Those which do not require much discussion may be dealt with immediately; others may be laid over the “New business” or referred to a standing committee. If no action is required or desired, the communications may be read and, upon motion, filed.

[12] These matters are those remaining over from previous meetings. They are usually recorded in the minutes of the previous meeting. The Recording Secretary should inform the president of any unfinished business so it may be included in the order of business in this Section

[13] These are matters which have been laid aside earlier in the meeting or which have come up since the last meeting

[14] All miscellaneous matters for the good of the Union which should be brought to the attention of the meeting should come to the floor at this time. These matters usually do not require any action by the meeting. They are simply matters of information and education.