Calling All Officers

Brothers and Sisters,

I hope this article finds you enjoying spring and looking forward to a 3-day weekend to celebrate Easter. Just a reminder that the IUPAT Day of Action is April 26^th, there are 2 events taking place in Sacramento and 9 others in Northern California and Nevada. All 11events are eligible for a Gold Ticket. I hope to see all members at an event to show support and help the community. Nominations for Local 1237 Executive Board will take place during the May 6^th Membership Meeting. A few members have asked what the officers job duties are so below is their job duties per the IUPAT Constitution.

Local Union Officers

Sec. 184. (a) The Officers of a Local Union shall be a President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Warden, and at least three (3) Trustees. 

Duties of President

Sec. 188. At each meeting of the membership and of the Executive Board, the President shall preside, preserve order, and enforce this Constitution and Bylaws; the President shall decide all questions of order during each meeting subject to an appeal to the membership. The President, during meetings, shall also be responsible for requiring all Officers to provide appropriate reports to the membership as required by this Constitution and the District Council or Local Union Bylaws. The President shall not vote except by ballot, but shall have the deciding vote in case of a tie when voting by any other method. 

Sec. 189. The President shall sign all orders by the Treasurer or checks upon the funds in banks authorized by the Local Union, but on no consideration shall they sign warrants or checks for expenditures not previously authorized by the members or by the Bylaws. 

Sec. 190. Unless this Constitution specifically provides otherwise, the President shall appoint all Local Union committees. The President shall call special meetings when requested in writing by at least 10% of the members in good standing, or five (5) members in good standing, whichever is greater. All members must be notified of such meeting by a notice that is sufficiently detailed to inform the members of the purpose of the meeting and matters to be voted on, if any. 

Sec. 191. To preserve order at meetings, the Chair shall admonish any member who enters the meeting in a state of intoxication, or who disturbs the harmony thereof, or who uses profane or unbecoming language. If the member again offends, they shall be fined by the chair, not less than $10.00 nor more than $20.00, and may be removed from the hall.  

Sec. 192. The immediate ex-President, any other ex-President, or, in their absence, any Officer or member of the International Union in good standing shall act as Preceptor in Initiation and Installation Ceremonies. 

Duties of Vice President

Sec. 193. The Vice President shall assist the President in the discharge of their official duties and fill their place in case of absence. 

Duties of Recording Secretary

Sec. 194. (a) The Recording Secretary shall keep correct minutes of each meeting, read all documents and correspondence, issue all summons for meetings, have charge of the seal and affix the same to all official documents, draw and sign all orders on the Treasurer or checks upon the bank, and conduct all official correspondence. The Recording Secretary shall notify the General Secretary-Treasurer and the District Council Business Manager/Secretary-Treasurer at once of any change of Local Union Officers. 

(b) The Recording Secretary shall maintain records of the proceedings of all meetings of the Local Union and the Executive Board. They shall promptly transmit copies of the minutes of each Local Union and Executive Board meeting to the Business Manager/Secretary-Treasurer of the District Council. The Recording Secretary also maintains important documents, papers, and correspondence, and agreements with employers covering the work of members of the Local Union. Upon request of any person made in person or in writing to the Recording Secretary during regular hours at the principal office, the Recording Secretary shall provide a copy of the Collective Bargaining Agreement made by the District Council with the employer of such person and may require a receipt therefore. 

Sec. 195. In the absence of both the President and Vice President, the Recording Secretary shall preside at Executive Board and membership meetings. 

Duties of Recording Secretary in Connection with Nominations and Elections

Sec. 196. (a) Upon reasonable request of any bona fide candidate for office, the Recording Secretary shall arrange for the distribution of any campaign literature by mail or otherwise, provided that in making such request the candidate pays all costs involved in advance. The Recording Secretary may require that all campaign literature be presented to the principal office of the Union not later than five (5) days prior to the election and may, where the volume of work involved exceeds the facilities and capacities of the employees of the organization, provide for a consolidation of such distribution and the cost in the event of such distribution shall be distributed on a pro rata basis. 

(b) The Recording Secretary shall make available for inspection by any bona fide candidate the membership list covered by Union security agreements once within 30 days prior to the election date. Such inspection shall be arranged for in advance by the Recording Secretary. No candidate shall be permitted by the Recording Secretary to copy any names or addresses of members. 

(c) The Recording Secretary shall retain copies of all requests for distribution of campaign literature and copies thereof, shall make a record of the date the literature was distributed, the cost thereof and the amount received for such work and for postage, a copy of the notices of nomination and of the election, a copy of the ballot, the official tally sheet submitted by the tellers and such other records as shall relate to the conduct of the election. 

Duties of Financial Secretary

Sec. 197. (a) The Financial Secretary shall receive all monies paid into or received by a Local Union and shall issue a receipt for same. All receipts issued are to be recorded in a cash receipts journal. The above applies to monies received between meetings, as well as those received on meeting nights. 

(b) The Financial Secretary shall maintain and make all entries in required reports as amended from time to time by the office of the General Secretary-Treasurer. All receipts from members entered on the cash 

receipts journal are also to be posted to the individual member’s ledger. At the end of each month, a copy of the Monthly Activity Report is to be submitted to the office of the General Secretary-Treasurer. 

(c) The Financial Secretary is to report to the membership at each meeting the total receipts collected in the prior month and same is to be recorded into the official minutes. 

(d) The Financial Secretary shall upon written request by any member in good standing make available for inspection by such member a copy of any annual report required by law to be filed with the Department of Labor or Internal Revenue Service. Upon a written request by any member in good standing setting forth good and sufficient cause for requesting examination of any books, records, and accounts necessary to verify an annual report referred to in this subsection, the Financial Secretary shall make arrangements to have the records available for inspection during regular business hours at the principal office of the Local Union. In the event that the Financial Secretary believes that just cause does not exist for the request made, they may deny the request in which case the member may appeal the matter within 10 days in writing to the Local Union Executive Board. 

(e) Financial Secretaries shall close their cash receipts journals and Local Union Activity Report at the end of each month. As soon as possible but not later than the 10th of the following month, a copy of the Local Union Activity Report is to be mailed to the office of the General Secretary-Treasurer. 

(f) The Financial Secretary shall also maintain a record of all members with their last known address. Said record shall not be open to inspection by any member except a bona fide candidate for office in connection with an election, as set forth in Section 196(b). 

(g) The Financial Secretary shall also be responsible for all other duties of the office as set forth in this Constitution. 

Sec. 198. (a) Reports to the General Secretary-Treasurer and Membership. Financial Secretaries shall close the books (i.e. official financial records) of the Local Union at the end of each month. As soon as possible, but not later than the 10th of the following month, they shall 

send all required monthly reports, forms, and cards required to the office of the General Secretary-Treasurer. 

(b) The Financial Secretary shall report monthly to the General Secretary-Treasurer all changes in membership in the Local Union. The Financial Secretary shall do so through the use of the Local Union Activity Report. 

(c) The original Local Union Activity Report received by the General Secretary-Treasurer shall constitute the official notification of changes in the membership of the Local Union. Entries are subject to correction only upon the receipt of written proof of an error made by the Financial Secretary and verified by comparison to a receipt or other documents issued to the member. 

(d) The Financial Secretary shall read each month a summary report for the prior month stating the overall membership with the gain or loss of membership noted, the number and names of members on application and those initiated, the number and names of members reinstated, and the names and number of Clearance Cards deposited and issued. 

(e) Where a Local Union is affiliated with a District Council, each month the Financial Secretary shall submit to the Business Manager/Secretary-Treasurer, upon request, a copy of the Local Union’s financial report and check registers. 

Sec. 199. (a) The Financial Secretary shall turn over all monies collected to the Treasurer of the Local Union, on a timely, but not less than weekly, basis for the Treasurer to deposit into the proper Local Union account. 

(b) The Financial Secretary is to indicate in the monthly journal that the funds were given to the Treasurer. The Treasurer, in turn, is to sign on the same line indicating their receipt of same. 

(c) It is also permissible for the Financial Secretary to deposit all funds collected and to turn over a certified deposit slip or digital equivalent to the Treasurer. 

Sec. 200. Payment of Monthly Remittance to the General Secretary– Treasurer: When forwarding the original copy of the monthly billing statement to the office of the General Secretary-Treasurer, the Financial Secretary shall enclose a check or money order or digital equivalent for 

the amount shown immediately to the right of the notation, “Total Net Charges to Be Paid by the 10^th of the Month,” found in the lower portion of the billing statement. 

Sec. 201. (a) The Financial Secretary shall report monthly all suspensions and reinstatements. Reinstatements shall also be clearly noted on the monthly Activity Report. 

(b) The Financial Secretary shall keep a correct account of each member’s financial standing together with the member’s full name and address, social security and phone number, date of birth and date of initiation. 

(c) The Financial Secretary shall provide each member who reinstates or who deposits a Clearance Card with a change of address card or digital equivalent and forward the same to the General Secretary-Treasurer. 

(d) The Financial Secretary shall examine all dues books coming into their possession and see that the title page and the page for designation of beneficiary are correctly filled out. If the dues book is not applicable, they shall see that a designation of beneficiary card is completed. 

(e) Fines imposed upon a member either by the member’s home Local Union or any other Local Union having proper jurisdiction shall be charged to the member’s account by the Financial Secretary and must be paid before dues are accepted. However, if the District Council or Local Union that imposes a fine has granted the member a stated time for payment or a timed payment program, the Financial Secretary shall accept dues and fine payments in accordance with said payment plan. In U.S. Local Unions, although a member shall not be returned to good standing in the Union until all fines and dues are paid, non-payment of a fine or non-payment of dues because of the priority payment of a fine shall not be utilized to affect the employment status of the member while working under a Collective Bargaining Agreement featuring a Union security clause. 

(f) The Financial Secretary shall not accept or credit dues payments from a member until all fines, assessments and other indebtedness against said member, due and payable, are paid in full. 

(g) The Financial Secretary shall under no condition accept partial payment from a suspended member making application for reinstatement 

but must collect complete indebtedness which the member owed when suspended, the reinstatement fee, and such additional dues and assessments to and including the month of reinstatement before presenting the application for approval of the Local Union. 

(h) The Financial Secretary shall submit all claims for International Union benefits on the forms provided by the General Secretary-Treasurer, having same properly signed and attested in accordance with the Constitution. 

(i) The Financial Secretary shall complete and sign all Clearance Cards or their digital equivalents deposited and mail the same to the General Secretary-Treasurer, with monthly reports. Change of address cards or their digital equivalents shall be submitted to the General Office with the Clearance Cards or their digital equivalents if the member’s address has changed. If the address is the same, that should be indicated on the reverse side of the Clearance Card. 

Duties of Treasurer

Sec. 202. (a) The Treasurer shall receive from the Financial Secretary all monies collected, on a timely, but not less than weekly, basis and give receipt for the same in the manner prescribed in Section 199. The Treasurer shall make no disbursement without the sanction of the Local Union and then only by warrant or check, signed by the Treasurer, and either both the President and Recording Secretary or either the President or Recording Secretary as determined by the Local Union in its Bylaws; the Treasurer is authorized with the consent of the Local Union to deputize such function in their temporary absence to a qualified member. Along with the President and Recording Secretary, the Treasurer shall be strictly guided by the provisions of Section 176. 

(b) For checks or orders on the bank that are issued electronically on behalf of the Local Union, such as payroll direct deposit, a report or register listing all such payments must be signed in the same manner as described in Section 202(a) with a written statement attached that the signatories have reviewed and approved all payments in the listing. All electronic payments described herein must be reported the same as any payments in Section 202(a). 

(c) The Treasurer shall present to the Local Union, at the end of each quarter, an itemized statement of all money received and paid out by them. The Treasurer shall submit their financial report for inspection by the Recording Secretary each meeting night and submit their books for inspection to the Trustees at any time when called upon to do so. 

(d) The Treasurer shall receive at least $1.00 per annum as salary and shall file bonds with the General Secretary-Treasurer, in the amount required by law, but not less than $2,500.00, for the discharge of their duties. 

Duties of Trustees

Sec. 203. The Trustees shall have supervision of all funds and property of the Local Union. 

Sec. 204. The Trustees shall examine the cash receipts journal and cash disbursements journal as well as the bank records for each month to determine that all monies collected and disbursed have been properly accounted for. They shall also review the reconciliations of the Local Union’s bank statements to verify their balance. They shall see that all bonds, notes, or other securities owned by the Local Union are properly secured in an appropriate depository in the Local Union’s name. They shall instruct the Officers of the bank to pay no money nor cash any bonds, notes, or other securities on account of the Local Union except on an order or check signed in accordance with this Constitution. They shall verify that expenditures have been made in strict compliance with this Constitution. 

Sec. 205. (a) At the end of each fiscal quarter the Trustees shall jointly fill out the quarterly checklist of the Trustees and forward the original copy to the General Secretary-Treasurer and to the District Council Business Manager/Secretary-Treasurer. The Trustees shall examine the membership records of the Local Union so as to ascertain the membership at the close of each month and shall compare their findings with the duplicates of the reports of the Financial Secretary to the General Office to see that the Local Union is paying tax on the proper number of members and that all suspensions, reinstatements, initiations, admissions of 

members on Clearance Cards and other changes in membership of the Local Union have been properly reported. 

(b) In Local Unions required to have an audited financial statement prepared by an independent accountant, the Trustees shall submit the financial statement to the General Secretary-Treasurer and to the District Council Business Manager/Secretary-Treasurer. The financial statement is to be reviewed and signed by the Trustees prior to submission to the General Secretary-Treasurer and District Council Business Manager/Secretary-Treasurer. The Trustees shall report to the membership on the essential elements of the financial statement. 

Sec. 206. The Trustees shall see that the Treasurer and Financial Secretary, and other Officers or representatives required to be bonded are bonded in the manner and in the amount required by law, but not for less than $2,500.00, sufficient to thoroughly protect the funds of the Local Union and when directed by the Local Union the Trustees shall file bonds in such amounts as the Local Union shall require. 

Duties of Warden

Sec. 207. The Warden shall take charge of the door at the meetings and see that none but the members in good standing of the Local Union and authorized representatives and guests be admitted. They shall also act as Sergeant at Arms. 

Below is the language for nominations and elections.

Nominations and Elections

Sec. 208. (a) The election of Local Union Officers, Local Union Executive Board Members, Delegates to central bodies, and District Councils shall be held on the last meeting in June and nominations for the same shall be held on the last meeting in May. 

(b) Notice of the nomination meeting and the election meeting shall be given by mail posted to the last known home address of all members at least five (5) days prior to the nomination date and at least 15 days prior to the election date. Such notices shall clearly state the date, time, place, and purpose of these meetings. 

(c) Each Local Union shall elect its Officers and Delegates to central bodies by secret ballot for a term of three (3) years, and shall elect 

Delegates to the District Council by secret ballot for a term of four (4) years. Officers and said Delegates shall hold office until their successor is duly elected. 

Sec. 209. (a) To be eligible to run for any elected position, a member must meet the following requirements: 

(1) The member has been in continuous good standing for two (2) years immediately prior to the date of nomination and must have been a member of the Local Union of which they wish to seek office for at least the prior six (6) months; 

(2) The member has attended at least one (1) meeting, and attended, or excused their absence from, at least 25% of the meetings held by the Local Union during the 12 months immediately prior to the date of nomination; a member may excuse their absence on the basis of a work conflict, illness, or personal emergency, so long as they submit the excuse in writing to the Local Union no later than five (5) calendar days after the missed meeting; and 

(3) The member
(A) was employed, actively seeking employment, or unable to be employed or to seek employment due to temporary disability, within our trade during the major portion of the twelve months prior to the date of nomination, and
(B) is currently active in the trades and not drawing a pension from a plan sponsored by or affiliated with the International Union or any subordinate body of the International Union. “Employed” and “employment” means “full-time” employment as defined in Section 210(j). 

(b) A member otherwise eligible shall not be rendered ineligible under this section if they were employed full time during the major portion of the 12 months prior to the date of nomination by the International Union, a Local Union, or District Council of the International Union, the AFL- CIO, or any department thereof, a central body recognized by the Local Union of which they are a member or in any department of the local, State, Provincial and/or Federal Government. For the purpose of this section, “full-time” shall mean working at least 870 hours per year, determined by dividing the total of the office holder’s earnings during the 12 months 

preceding the month of nominations by the lesser of the Journeyperson’s hourly rate of compensation, or the officeholder’s lowest hourly rate of compensation. 

(c) Where no members are initially nominated who meet the eligibility requirements set forth above, the Local Union may accept the nomination and election of others from among its members who are not specifically disqualified under other provisions of the General Constitution. Where the General President, in their sole discretion, determines that conditions in a given Local Union warrant, they may waive one (1) or more eligibility requirements. 

(d) In every case, it shall be a requirement of eligibility to be nominated or elected that the member must be a resident of the United States or Canada. 

(e) War veterans now serving or having served in the armed forces of the United States or Canada, shall be credited with continuous good standing for the period of such service insofar as eligibility for Delegate to the General Convention is concerned. 

(f) Any member who enters the land, naval, or air forces of the United States or Canada, by enlistment or conscription, and becomes disabled while in service and receives an honorable discharge, shall not be debarred from holding office or serving as a Delegate or representative of the Local Union, provided the member is otherwise qualified under the provisions of the Constitution. 

(g) Every member in good standing shall have the right to nominate, vote for, or otherwise support the candidate of their choice, subject to the provisions of this Constitution. 

(h) No member whose dues have been withheld by their employer for payment to the Local Union pursuant to their voluntary authorization provided for in a Collective Bargaining Agreement shall be declared ineligible to nominate, vote for, or be a candidate for office in the Local Union, by reason of alleged delay or default in the payment of dues by their employer to the Local Union. 

(i) Local Unions may not impose eligibility requirements different than those set forth in this section. 

Sec. 210. (a) No member shall be nominated if not present unless absent due to: 

(1) official Union business; 

(2) confinement to their home or a hospital due to temporary illness; or 

(3) unless they send advance notice to the Local Union Recording Secretary that they will accept a nomination. In either case, the notice shall be in writing, including email, and received by the Business Manager/Secretary-Treasurer prior to the opening of nominations. No member shall be nominated for, nor accept nomination for, nor hold, two (2) or more full-time or part time elected positions (including District Council or International positions) at any one (1) time; provided that the position as Delegate to the General Convention or to a District Council shall not be construed as an elected position for the purpose of this section. An exception to the above may only be granted upon the Local Union receiving written permission from the General President. 

(b) Nominations shall not be closed until a call for further nominations has been made three (3) times by the presiding Officer without further nomination being made. 

(c) The Financial Secretary shall at the time of nominations review the eligibility for office of any candidate and make a report on each candidate at the nominating meeting. 

(d) Any question of the eligibility of candidates nominated at such meeting shall be decided forthwith by the presiding Officer of the Local Union, in accordance with the provisions of the Constitution, and shall be appealable to the General President in accordance with Section 210(f), below. 

(e) Any member may appeal the eligibility determination of the presiding Officer to the General President. Any such appeal must be received by the General President, within 48 hours of the presiding Officer’s determination. The General President or their designee shall decide such an appeal within 14 days. In reviewing eligibility questions, the General President may examine all available and pertinent Local Union, District Council, and International Union records provided; however, in all cases the General President may place full reliance on the 

membership records on file at the International Union and their decision in that regard will be final and binding on all concerned. 

(f) A member who is ruled ineligible for office on appeal to the General President may submit a further and final appeal to the General Executive Board within two (2) days following their receipt of the General President’s decision. The General Executive Board shall decide the appeal as soon as practicable, but no later than its next regularly scheduled meeting. 

(g) In the event only one (1) candidate is nominated for any office, no election shall be conducted for such office unless required by law, and such unopposed candidate shall be declared elected by acclamation at the election meeting. 

(h) In elections held to fill vacancies, a member who holds an elected Local Union position other than Delegate to the General Convention or District Council Delegate must resign said position in writing before accepting nomination as a candidate for another elected Local Union position and all existing vacancies, including those left by such resignations, shall be filled by the same nominations and elections. The notice of the nominations meeting shall state that nominations will be accepted for the position vacated, and any other positions that come open as a result of any such resignation. 

(i) The term “full-time” as used in this section shall mean employment during which the officeholder has served at the rate of 870 hours per year. The 870 hours will be determined by dividing the total of the officeholder’s earnings during the 12 months preceding the month of nominations by the lesser of the Journeyperson’s hourly rate of compensation, or the office-holder’s lowest hourly rate of compensation during that 12-month period. 

Sec. 211. (a) At elections the presiding Officer shall appoint two (2) tellers and one (1) judge who shall constitute the election committee. The presiding Officer shall then announce the names of the candidates in rotation and a vote shall be taken. 

(b) Voting shall be conducted by secret ballot among the members in good standing. Each member shall be entitled to one (1) vote. There shall be no proxy vote. There shall be no write-in candidates. 

(c) After voting is complete, the tellers shall collect the ballots and the Election Committee shall count the ballots. Each candidate shall have the right to have an observer present at the polls and at the counting of the ballots. An observer must be a member in good standing of the subordinate body conducting the election. 

(d) When there are two (2) or more candidates for an office or Delegate, the candidate or candidates receiving the highest number of votes shall be declared elected. 

(e) All Officers shall be installed immediately after election. 

(f) All nomination and election records, including the minutes of the nomination meeting and the ballots cast, shall be preserved for a period of at least one (1) year. 

(g) Any protests concerning elections or other issues subject to secret ballot vote must be presented to the General President within 14 days after the vote. 

(h) Any member aggrieved by a ruling by the General President under Subsection (g) may appeal to the General Executive Board within seven (7) days following the member’s receipt of the General President’s ruling. 

I know this is a lot to read but I want all members to know the rules and regulations of nominations and elections. I hope that this answers any questions you might have, if not you can always reach me at  (916)407-8279.

Fraternally

Randy Rojas