CONSTITUTION AND BY-LAWS, AMUSEMENT AREA EMPLOYEES, LOCAL B-192, IATSE, DECEMBER 2016
- ORDER OF BUSINESS
- INSTALLATION OF OFFICERS
- ARTICLE I - NAME, AFFILIATION, AND JURISDICTION
- ARTICLE II - OBJECTS
- ARTICLE III - MEMBERSHIP
- ARTICLE IV - MEETINGS
- ARTICLE V - NOMINATION AND ELECTION OFFICERS
- ARTICLE VI - DUTIES OF / COMPENSATION FOR OFFICERS, EXECUTIVE BOARD, AND SHOP STEWARDS
- Section 1. - President
- Section 2. - Vice President
- Section 3. - Secretary/Treasurer
- Section 4. - Office Staff
- Section 5. - Executive Board
- Section 6. - Shop Stewards
- Section 7. - Board of Trustees
- Section 8. - Delegates to International and Other Conventions
- Section 9. - Compensation of Officers
- Section 10. - Confidentiality
- ARTICLE VII - REINSTATEMENT OF MEMBERS
- ARTICLE VIII - REVENUES
- ARTICLE IX - GOOD STANDING
- ARTICLE X - IMPEACHMENT OF OFFICERS AND DISCIPLINE OF MEMBERS
- Section 1. - Grounds
- Section 2. - A Penalty for False Charges
- Section 3. - Charges
- Section 4. - Cognizance of Charges
- Section 5. - Withdrawal of Charges
- Section 6. - Notice and Publication Changes
- Section 7. - Continuance
- Section 8. - Challenges
- Section 9. - Waiver of Trial
- Section 10. - Appearance for Trial
- Section 11. - Trial Body
- Section 12. - Penalty
- Section 13. - Hearing
- Section 14. - Absent Witness
- Section 15. - Record of the Hearing
- Section 16. - Report of Findings and Recommendations
- Section 17. - Action by Membership
- Section 18. - Acquittal or Conviction
- Section 19. - Sentence Reported
- ARTICLE XI - APPEALS
- ARTICLE XII - CONTRACT RATIFICATION
- ARTICLE XIII - PERMANENCY
- ARTICLE XIV ALTERING OR AMENDING THE CONSTITUTION
- ARTICLE XV - HEADQUARTERS
- ARTICLE XVI - SUPREME LAW AND SEVERABILITY
- Opening of the Meeting
- Roll Call of Officers
- Obligation of New Members
- Minutes of Previous Meeting
- Minutes of Executive Board Meeting
- Reports of Delegates, Committees, and Departments
- Communications and Bills
- Financial Report
- Unfinished Business
- New Business
- Good and Welfare
- Close of Meeting
I, the undersigned, as a condition of my Membership in Local B-192 and in the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States, its territories and Canada, do solemnly pledge myself to accept and abide by the provisions of the Constitution and By-Laws of this Local and of the Alliance, as now in force and as hereafter legally amended, and hereby express my consent to be governed thereby in the conduct of my trade and in my relationship with this Local and the Alliance.
Name (Print)Back to Top
I (FULL NAME), DO HEREBY PLEDGE MY WORD OF HONOR TO PERFORM THE DUTIES OF MY OFFICE AS SET FORTH IN THE CONSTITUTION AND BY-LAWS OF THIS UNION TO THE BEST OF MY ABILITY AND TO BEAR TRUE ALLEGIANCE TO THE INTERNATIONAL ALLIANCE. AT THE CLOSE OF MY OFFICIAL TERM, I SOLEMNLY PROMISE THAT I SHALL DELIVER TO MY SUCCESSOR IN OFFICE ALL BOOKS, PAPERS AND PROPERTY OF THIS UNION AND OF THE INTERNATIONAL ALLIANCE WHICH MAY BE IN MY POSSESSION. TO THESE PROMISES I PLEDGE YOU MY WORD. FULLY REALIZING THAT TO VIOLATE THIS PLEDGE IS TO STAMP ME A PERSON UNWORTHY OF TRUST.
(INSTALLING OFFICER:) YOU HAVE OBLIGATED YOURSELF TO FAITHFULLY AND TO THE BEST OF YOUR ABILITY DISCHARGE THE DUTIES OF YOUR OFFICE. YOU WILL NOW PROCEED TO YOUR STATION AND PERFORM THE DUTIES OF THAT OFFICE AND SO CONDUCT YOURSELF AS TO BE WORTHY OF THE TRUST REPOSED IN YOU.Back to Top
The name of this organization shall be Amusement Area Employees Union, Local B-192, International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artist and Allied Crafts of the United States and Canada, AFL-CIO (hereinafter called the "Local").
This Local has been established and exists by virtue of a Charter issued by the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artist and Allied Crafts of the United States and Canada (hereinafter called the "Alliance" or "International") and pursuant to the Constitution and By-Laws of the International.
Jurisdiction of this Local shall embrace the jurisdiction set forth in the Charter granted, and as more fully defined in Article XVIII, Sections 9 and 10 of the International Constitution.
The specific and primary purpose of the organization is to operate a labor organization within the meaning of Section 23701a of the California Revenue and Taxation Code.Back to Top
This Local is dedicated to the principles of trade unionism. Its objects are to unite all workers within its jurisdiction for the following purposes:
- To improve their wages and hours of work, to increase their job security, and to better their working conditions.
- To advance the membership’s economic, social and cultural interests.
- To establish peaceful and harmonious relations between its members and their employers. To increase the stability of the industry.
- To assure full employment.
- To promote and support democracy and free trade unionism.
- To engage in such other activities as may be necessary or proper to strengthen the labor movement and to extend the process of collective bargaining throughout all trades and industries.
This Local shall endeavor to accomplish the foregoing purposes by organizing the unorganized, educating its membership, negotiating collective bargaining agreements with employers, securing progressive legislation, and by all other appropriate means within the International.
This Local is organized for non-profit purposes and is not organized for the individual gain or profit of its Members through the funds of this Local.Back to Top
No person shall be eligible either to membership or to retain membership in this Local who shall be a Member of any organization having for its aim or purpose the overthrow, by force, of the Constitution and Government of the United States or Canada.
Any Members who shall, upon trial, be found to lack any of the qualifications for membership in this Local, shall forthwith be expelled and shall surrender all rights and privileges as such members, including death benefits and other property rights, if any, in the assets of this union. No member, so expelled, shall ever be eligible to reinstate thereafter.
Every application for membership must be made upon the Official printed form supplied by the Local.
Each application must be endorsed by the General Secretary-Treasurer of the International upon the admission of the applicant, and if such endorsement is refused, the applicant shall be rejected.
Any applicant who is guilty of making false statements upon the application blank shall, if said applicant has been admitted to membership, be expelled upon conviction and shall be thereafter denied admission to membership in this Local. Any initiation fee paid by such Member shall be forfeited upon said member’s expulsion.
The Membership of the Local shall be the supreme governing body of the Local Union. They shall have exclusive authority in matters pertaining to:
- Election and recall of all Officers and Members of the Executive Board and the Board of Trustees, and their decision shall be final and conclusive.
- Approval of any basic agreement(s) negotiated by the Local.
- Group economic sanction or action taken by the Local.
- Determination of the dues structures, an initiation fee and levying of assessments.
- Each Member shall have an equal right to the use and enjoyment of Union property.
- No Member shall have the right to sell or transfer their Membership or their rights or privileges as such or to substitute another Member in their place. Any persons ceasing to be a Member, whether voluntarily, shall forfeit all rights, benefits, and privileges incident to membership in the Local.
By adoption of this Constitution and By-Laws, each Member of the Local authorizes the Company to give the Local such information concerning the Member's status and earning as it may from time to time request. Each Member of the Local, by acceptance of Membership herein, similarly authorizes the furnishing of such information. It shall be the duty and responsibility of each Member, if required by the Local, to provide individual written authorization to the Company to give the Local the information called for above.Back to Top
Section 1. - Membership Meetings
Regular meetings shall be held quarterly at a time designated by the Executive Board to ensure maximum participation from all departments.
Special meetings may be called at any time by unanimous agreement of the President, Vice President and Secretary/Treasurer or a majority of the Executive Board.
All regular and special Membership meetings require a fifteen (15) day postmarked, first class mail notice and posting at the workplace. The notice requirements of this section do not apply to meetings related to contract negotiations or ratification. At the beginning of each membership meeting, the Presiding Officer will appoint a sergeant-at-arms to ensure that only members enter the meeting hall, and to carry out such instructions as issued by the Presiding Officer.
A quorum of ten (10) Members in good standing is required to open a meeting for the transaction of lawful business.
For misconduct during the course of a meeting, a Member may be summarily fined in an amount not to exceed $5.00 (five dollars) for each separate offense, or at the discretion of the President. Said Member may be summarily ejected from the meeting if said Member's conduct persists in disrupting the meeting.
The Secretary/Treasurer must call a special Membership Meeting within (30) thirty days, whenever requested to do so in writing by petition in accordance with the following guidelines:
- The petition shall specify the purpose of such meeting.
- All language pertaining to petition must appear on the same page as signatures.
- Names and Employee ID numbers must be printed and legible to enable the union to identify the signer.
- Each signer must show the date he or she signed.
- To be counted the signer must be a member in good standing on the date he or she signed the petition and on the date the original petition was received by the union.
- Each page of the petition must state the name of the member soliciting signatures. No more than one member can solicit signatures on a single page. Other members must use other pages. One signature to a page is acceptable.
- The union will not consider anything other than original petitions and signatures.
- The petition must be filed with the office of the union. The petition will be date stamped upon receipt of the petition.
- The petition must have signatures equal to a minimum of 10% of the total membership not exceeding 150. The total membership will be determined by the most current quarterly report filed with the International Alliance.
- A minimum of 10% of the required signatories must attend the special membership meeting or the issue will be tabled permanently. Exception will be made if restricted attendance is caused by an emergency or an act of God.
The Executive Board shall meet at least once a month and at such other times as called by the President. A majority of the members of the Board shall have the power to call an Executive Board meeting. All members of the Board shall be notified at least five (5) days in advance of such meeting. Any Member unable to attend a non-regularly scheduled meeting where notification of such meeting was less than five (5) days, must be able to vote by phone on any issue brought before such meeting within three (3) business days of such meeting before any vote will be considered final. Telephone polls must be reflected in the minutes of the next Executive Board meeting. A majority of the members of the Executive Board shall constitute a quorum.
As a condition precedent to convening such a special meeting, the convening person(s) must file with the Local's office, a written affidavit specifying the object of such a meeting, the means of communicating the notice, and the time each Board Member was notified.Back to Top
There shall be elected to office the following Executive Board positions:
- Board of Trustees (3)
- Cash Control/Cashier/Merchandise/Sales Clerk/Warehouse
- Park Services/Night Hoser
- Wardrobe Attendant/Seamstress
- Parking Lot/Parking Ticket Sellers
- Show Control - Entertainment
- Tram Tour Assistant
- Tour Guide
- Harry Potter
- Ride Operations
- Show Crew
- Admission/Guest Relations/Ticket Seller/Crowd Control
- Production Assistant – Entertainment
The Executive Board will consist of all elected positions with the exception of the three Board of Trustee members. If a position in any department remains vacant after two (2) general membership meetings, anyone who is a member in continuous good standing for a period of 2 (two) years or more, may run for that position, provided he/she is not disqualified from holding office under any applicable governmental law.
To be eligible for President, Vice-President, Secretary/Treasurer, or the Board of Trustees, a Member must have been in continuous good standing in this Local for a period of 2 (two) years and is not disqualified from holding office under any applicable Governmental law.
To be eligible for an officer position representing a particular craft area, a Member must have been in continuous good standing in the department for which they are running, for a period of 2 (two) years and is not disqualified from holding office under any applicable Governmental law. If a craft area is represented on the Executive Board by a member from outside that craft area, that seat will be offered for nomination and election of a qualified member within the appropriate craft area at each meeting of the general membership. In the event that no such candidate is found, the seat shall remain with the residing member.
For the purposes of this section only, 2 (two) years commences the month that dues are first collected to date of the nomination. All candidates must have been members in good standing for at least 2 (two) years and have worked for the Company for at least one hundred and twenty (120) days in the past thirty-six (36) months, except where such requirements have been waived in writing by the International President. Time served as an officer or employee of the Local or the International shall be applicable towards the “one hundred and twenty (120) days in the past 36 months” requirement. The continuous good standing for two years is not broken unless the member has been suspended.
Nominations for the Tri-Annual election of Officers, Executive Board Members and members of the Board of Trustees shall be conducted at the regularly scheduled April membership meeting. The notice for said meeting shall include an announcement that: 1) nominations shall occur at said meeting; 2) A list of the positions to be nominated and filled by election; 3) That those nominated will be given the opportunity to speak at the meeting on behalf of their candidacy; 4) That another member may nominate a member and speak on their behalf, if a member is unable to attend.
Members nominated in absentia must file their written acceptance within five (5) days of the meeting where the nomination was made.
After nominations have been closed, the President shall appoint, from the Members in good standing, a Judge and two (2) Tellers, none of whom shall be candidates. The tellers shall assist the Judge, in conjunction with the American Arbitration Association. The Judge must confirm each candidate's eligibility for office and shall immediately notify candidates who are ineligible to run, and forward it to the American Arbitration Association, where applicable.
Each candidate must be provided information regarding their rights as candidates under the Labor Management Reporting and Disclosure Act ("LMRDA") as published by the United States Department of Labor.
Each candidate must also be provided a printed list of dates and deadlines relating to the election, and printed candidate's statements. A statement from each candidate shall be printed and mailed at the Local's expense no later than the date the ballots are mailed by the American Arbitration Association (AAA).
Such information shall be given to each candidate at the nominations meeting, or as soon thereafter as possible if the candidate is not in attendance at the meeting. Each candidate must sign a statement that they have received these materials.
- Election to office shall be conducted within thirty (30) to forty-five (45) days after the nominations and candidate's speeches.
- The election shall be by mail ballot conducted by the American Arbitration Association (AAA) who shall mail the ballots, receive the ballots and count the ballots in accordance with their usual procedures. The ballots shall be mailed within thirty (30) to forty-five (45) days after the nominations and candidate's speeches at the April membership meeting.
- The Secretary/Treasurer shall have ballots prepared with the names of the candidates arranged alphabetically within categories; one ballot to be delivered to each Member entitled to vote. The seal of this organization shall be placed on the ballots.
- Every voting Member's name must appear on the most recent "list of dues paid" before receiving a ballot. If a Member's name does not appear on such list said Member must pay dues owed before receiving a ballot. Members who owe dues shall be given notice of such to allow them the opportunity to pay dues and receive a ballot by mail. Said notice shall be sent within five (5) working days after the nominations and candidate’s speeches at the April membership meeting. If there has proven to be an omission of a Members name in error, such Member shall be reimbursed dues over paid.
- Upon the polls being declared closed, the American Arbitration Association shall open the ballot box and have the ballots counted and report the results in accordance with their procedures and rules. The election results shall be posted within two (2) business days after certification is received from the American Arbitration Association.
- Any candidate shall have the right to have an observer who must be a Member in good standing in the Local, present at the polls and the counting of the ballots. Any bona fide candidate shall also have the right, once within the period of thirty (30) days to inspect the list of Members, but not to copy same.
Any position not filled at the tri-annual election, or is vacated for any reason during the term of office, shall be filled at the next regular meeting or special meeting, if one is called.
Mail notice of said meeting shall include written notice of the positions to be filled at the meeting. Mail notices must be postmarked fifteen (15) days prior to the meeting.
Members unable to attend this meeting who wish to be elected must provide written notice to the Local's offices prior to the meeting, of their intent to accept the position, if so elected.
Any member in good standing may nominate any other member in good standing who is eligible to fill the office. The presiding officer shall confirm, before candidates' speeches, that each person is eligible for the position to which they were nominated.
After nominations, the presiding officer shall appoint an Election Judge and two Tellers to assist the Judge. Each candidate, or their designated representative, shall be given the opportunity to give a campaign speech. The Election Judge shall then distribute ballots to all persons present who have been confirmed to be members in good standing as of the date of the meeting. The Election Judge shall direct the members to write the name of the candidate of their choice for each contested position. The Election Judge, or a Teller, shall assist any member who is unable to complete their ballot without assistance. The Election Judge shall direct each member to fold their ballot and deposit it in the designated election box. When all ballots are so collected, the Election Judge and Tellers shall count the ballots. Each candidate, or their designated representative, may observe the counting of the ballots. The Election Judge shall immediately announce the results of the balloting to the full membership meeting.
The officers elected shall be installed at the beginning of the first Executive Board meeting following the election and shall subscribe and assent to the required pledge before entering upon the duties of their office. The President, Vice-President, Secretary/Treasurer, Executive Board member and Board of Trustees shall be elected once every three (3) years, except by virtue of a By-Election. Terms of office are three (3) years for Executive Board members; Board of Trustees; and the President, Vice President and Secretary-Treasurer; except by virtue of a By-election. This shall take effect upon the conclusion of the current term of office in the Local.Back to Top
The President shall preside at all meetings of the Membership and of the Executive Board and shall at all times conduct them in accordance with this Constitution and By-Laws and the Standing Rules attached hereto.
In the absence of a specific law to govern a given condition, the President shall decide the matter in the spirit of fairness and equity, and such ruling shall be enforced unless changed by the Executive Board or the Membership.
The President shall see that all Executive Board Members and Shop Stewards perform their duties as prescribed by the Constitution and By-Laws and shall be a member Ex-officio of all committees.
The President shall, with the consent of the Executive Board, use all moral and financial aid in enforcing the rules, wage scales and conditions of this Local.
The President shall appoint at least one officer to each committee with the approval of the Executive Board. No delegate, committee, employee, or representative of the Local shall be empowered to commit the Local without the specific authorization and/or approval of the Executive Board.
The President shall co-sign all checks.
If a vacancy should occur during the term of any officer, the President, with the approval of the Executive Board, shall appoint a Member in good standing to fill that position temporarily, until the vacancy shall have been filled by the Membership at a By-Election.
In the event a vacancy occurs in the office of the President, the Vice-President shall succeed to the office of the President until the vacancy shall have been filled by the Membership at a By-Election.
By virtue of the office, the President shall be the delegate to all conventions and/or trade assemblies as shall be of interest and importance to this Local. This fact shall be so indicated on all Election ballots and notices of election, for this office.
The Vice-President shall attend all meetings of the Executive Board and General Membership.
The Vice-President shall approve all expenditures, in writing, prior to their disbursement unless otherwise authorized by vote of the Executive Board or Membership. Any disbursement not made with prior approval must be reimbursed to the Local by the individual(s) having made such disbursement. The intent of this language is that all three officers are aware and in agreement that all disbursements of the Local's funds are for legitimate and lawful purposes.
In the absence of the President, the Vice-President shall assume all duties of the President. In the absence of the President and Vice-President at a meeting, the Secretary/Treasurer shall assume all duties of the President. In the absence of the President, Vice-President and Secretary/Treasurer, the body shall select a presiding officer.
By virtue of the office, the Vice-President shall be the alternate delegate to all conventions and/or trade assemblies as shall be of interest and importance to this Local. This fact shall be so indicated on all Election ballots and Notices of Elections for this office.
It shall be the duty of the Secretary/Treasurer to attend all meetings of the Membership and of the Executive Board. The Secretary/Treasurer shall keep minutes, but not necessarily verbatim, of the proceedings of such meetings in a book provided for such purposes. In the absence of the Secretary/Treasurer, the President shall appoint a Secretary of the Meeting to record the proceedings. The Secretary/Treasurer shall keep a duplicate copy of all correspondence and shall keep the seal in the Secretary/Treasurers possession.
It shall be the duty of the Secretary/Treasurer to review all bank deposits, income and disbursements and all assets and liabilities of this Local for accuracy. The Secretary/Treasurer shall ensure that two (2) signatures are used on all withdrawals from any accounts held by the Local, and that there is at least three (3) authorized signatures that may access these accounts.
The Secretary/Treasurer shall ensure that all monies are deposited in a bank account, approved by the Executive Board, to be in the name of the Local.
The Secretary/Treasurer shall make a quarterly report of the financial condition of the Local.
The Executive Board, by majority vote, is authorized to hire appropriate office staff to handle administrative and grievance aspects of the Local, and to implement polices and procedures approved by the Membership and/or Executive Board.
The term of employment of all regular full-time office staff shall be approved by the Membership. The compensation, including all benefits for services rendered, shall be approved by the general Membership of this Local. The permanent office staff shall be bound by all terms and provisions of an executed Employment Agreement with the Local.
The Executive Board shall review the current status of grievances pertaining to the collective bargaining agreement.
The Executive Board shall decide upon all matters referred to them and their decision shall be binding unless reversed by a majority vote of the Members present at a regular or special meeting of the Local. The Executive Board shall act as a trial board of this Local unless the Member elects to be tried at an open meeting as provided in Article X, Section 10, hereof. They shall have the power to summon as a witness any Members and those failing to answer may be adjudged in contempt and penalized for same by fine or suspension.
The Executive Board shall act for the Local in the interim between meetings of the general body and shall have the authority to perform any act which the general Membership can perform and which may require immediate attention, and shall have the power to interpret this Constitution and By-Laws. It will be the duty of each eleected Executive Area Representative who represents his or her department to report any and all unresolved issues with his or her department to the Union as soon as possible. All Executive Board members must contact the Secretary-Treasurer prior to each and all membership and Board meetings to inform the Local if there are any items or concerns that need to be in the Executive Board Area Representative report.
The Executive Board is charged with the responsibility of seeing to it that any officers and employees of this Local who handle its funds and property are bonded by the faithful discharge of their duties to the extent and in the amount and form required by law. The expense of such bonds shall be borne by the Local. The Executive Board shall also be responsible for seeing to it that all books and records of the Local, used as the basis for preparing reports required by law to be filed with the Government, are preserved for at least five (5) years from the dates such reports were filed. The hiring, utilization and discharge of ancillary help are the duty of the Executive Board. The Executive Board shall ensure that the books of the Local shall be examined by a certified public accountant annually or, as the Executive Board may deem necessary.
All business transacted by the Executive Board must be reported at the following meeting of the Membership.
Any Executive Board Member who fails to attend three (3) consecutive regular or special board meetings without prior notification of reasonable cause for absence to the office of the Local, shall be immediately removed from their office by written notice and their last compensation check, if any, shall be withheld. Said removed Executive Board Member can challenge his or her removal by letter to the Local postmarked no later than 15 days of the date after notice of their removal. The Executive Board, at their regularly scheduled meeting shall consider any said challenge. If the Executive Board denies the challenge, said removed Executive Board Member may appeal to the next general membership meeting. The decision of the general membership will be final. The vacated office shall be filled in accordance with this Constitution and By-Laws.
A Shop Steward is any member who has successfully completed Stewards Training, conducted by the Union, and who is appointed as a Shop Steward.
Only the President appoints stewards, with the approval of a majority of the Executive Board. Successful completion of Steward's Training includes attending the Shop Steward's training and passing an exam. An individual who, in the opinion of the President, has a good faith reason for being unable to attend training, may, at the discretion of the President, successfully complete training by passing a closed book steward's test. All Shop Stewards must successfully complete all stewards training classes conducted by the Union. All Shop Stewards are required to attend two Shop Steward training classes a year, the first being in the first six months of the calendar year, and the second being in the last six months of the year. Classes are to be conducted by the Attorney and Business Agent. If the Shop Steward is absent from two or more classes within a three-year period, the Steward will be removed from Steward duties immediately and have their compensations suspended until the Steward has been re-trained by the Attorney and/or Business Agent and cleared by the President to resume Steward duties.
Shop Stewards are primarily responsible for the following duties:
- Represent members in disciplinary meetings with management.
- Investigate member complaints, file grievances, document and investigate grievances in a timely manner and represent members at Step One of the grievance procedure.
- Maintain, for grievances they filed, or are processing, the grievance data entry book from which monthly grievance status reports are recorded.
- Follow the directives of the President, and resolutions of the Executive Board and Membership.
The Board of Trustees powers and authority are limited to the auditing of all the financial aspects of the Local once each quarter for the quarter just ended and presenting a report to the Membership at the next quarterly Membership meeting. Any Board of Trustees member who fails to attend two (2) consecutive audits without prior notification of reasonable cause for absence to the office of the Local shall be removed from their office by written notice. Said removed Trustee can challenge his or her removal by letter to the Local postmarked no later than 15 days after the date of the notice of their removal. The Executive Board at their next regularly scheduled meeting shall consider said challenge. If the Executive Board denies the challenge, said removed Trustee may appeal to the next general membership meeting. The decision of the general membership will be final. The vacated office will be filled in accordance with this Constitution and By-Laws.
The Board of Trustees shall not be comprised of any of the Executive Board of the Local. The Board of Trustees shall be voted for by the general Membership.
The Delegates shall perform their duties as prescribed by the Constitution and By-Laws of the International Alliance and report thereon at the next regular meeting. The President shall be a delegate to all International conventions in accordance with Article VI, Section 1, herein. In the President's absence, the Vice-President shall be the alternate delegate in accordance with Article VI, Section 2. Elections for all other delegates shall be held at the quarterly meeting prior to the date of the convention or assembly. The nominations and voting shall take place in accordance with Article V, Section 6, herein.
Delegates to all other conventions and assemblies, shall attend meetings of the Bodies or Conventions to which they are accredited and shall report thereon to the Membership at the next regular meeting.
The President, Vice President and Secretary-Treasurer shall be compensated as follows: The President shall receive a minimum of $800 (eight-hundred dollars) per month, the Vice President shall receive a minimum of $600 (six-hundred dollars) per month, and the Secretary-Treasurer shall receive a minimum of $1,000 (one-thousand dollars) per month. Beginning January 16th, 2018, all officers shall receive annual percentage increases equivalent to the “Annual Increases excluding Studio Guides” indicated in the Collective Bargaining Agreement. Any additional proposed increase during the term of office shall require a majority vote by secret ballot of the members present at a special meeting. Said monthly compensation for the President shall be reduced by $150.00 (one-hundred and fifty dollars), for the Vice President shall be reduced by $100 (one-hundred dollars), and for the Secretary-Treasurer shall be reduced by $200 (two-hundred dollars) for each Executive Board and/or membership meeting the officer fails to attend.
The Executive Board Representatives of the craft areas shall be paid one hundred and fifty dollars ($150.00) per month for attending all regularly scheduled Executive Board meetings and regularly scheduled membership meetings. In the event of an unexcused absence, the absent Executive Board Representative’s pay shall be decreased by $75 for each unexcused absence.
An Officer or Executive Board member who is regularly scheduled at Universal Studios Hollywood for the time of an Executive Board or membership meeting may, pursuant to the provisions of the collective bargaining agreement, get excused from work to attend said meeting. In that case, the Union shall reimburse him or her for lost wages in addition to the compensation set forth herein. Reimbursement for lost wages shall be requested in writing on the form provided by the Union, and may be verified by the Union.
The Local will reimburse Officers, Executive Board Members and Shop Stewards when they are required taking time off of work to conduct Union Business. A wage reimbursement report will be presented to the Executive Board at their monthly meetings.
If attendance at an Executive Board or membership meeting is excused as provided herein, then the compensation of the officer or executive board member shall not be reduced for failing to attend the meeting. An excuse for failing to attend a meeting may be given in advance for a bonified reason if approved by two of the three officers. In this case, the Executive Board may also require Independent verification of the basis of the excuse.
Each duly appointed Steward shall be paid $150.00 (one-hundred and fifty dollars) per month. However, in those months where there is a regularly scheduled membership meeting, each steward shall be paid $150.00 (one-hundred and fifty dollars) only if he or she attends the membership meeting and $100.00 (one-hundred dollars) if he or she does not attend the membership meeting.
An appointed Steward who is regularly scheduled at Universal Studios Hollywood for the time of a membership meeting may, pursuant to the provisions of the collective bargaining agreement, get excused from work to attend said meeting. In that case, the Union shall reimburse him or her for lost wages in addition to the compensation set forth herein. Reimbursement for lost wages shall be requested in writing on the form provided by the Union, and may be verified by the Union.
If attendance at a membership meeting is excused, as provided herein, then the compensation of the appointed steward shall not be reduced for failing to attend the meeting. An excuse for failing to attend a meeting may be given in advance by The President or designee. In this case, the Executive Board may also require independent verification of the basis of the excuse.
All persons charged with the handling of sensitive material and information will be asked to sign an oath stipulating the following:
"I pledge not to compile, use or disclose any information contained within union documents or of a sensitive nature regarding the union's business or of is membership past or present for personal gain or any purpose other than the execution of my official duties. I understand that to violate this pledge will result in discipline to be determined in accordance with Article X of the Constitution & By-Laws of this union.”
No exclusion or amendment to the contract may be made between the Union and the Company without a majority vote from the members of the Executive Board. Any changes or revisions to already existing provisions of the contract must be approved by a simple majority of the membership. All agreements must be in writing and be signed by parities representing the Union and the Company.Back to Top
Former Members withdrawing from Membership due to seasonal layoffs shall be reinstated at any time upon payment of the current dues, and any applicable fees. If removed from the active Union roster (from the role of Membership), a new application for membership must be submitted in conformity with International laws. Employees on L.O.A. (Leave of Absence) or on Workers’ Compensation do not have to reapply for membership so long as they are paying reduced Union dues.Back to Top
The dues payable by each Member shall be $12.00 (twelve dollars) plus Per Capita fees per month. An application fee of $20.00 (twenty dollars) shall be payable by each Member upon applying for Membership in this Local. The initiation fee shall be $100.00 (one-hundred dollars) to be paid in $25 installments weekly after 30 days of employment. Employees not working will pay reduced dues of half the due fee. All Union fees shall be non-refundable, and failure to notify the union office to request reduced dues for working outside the Local B-192 area, or not working at all, will result in a penalty of the full amount in dues owed per month for each month until the Union office is notified.
If at any time the Executive Board deems it necessary to acquire additional revenue for the best interest of the Union, it shall recommend same to Membership. Proper written notice of any proposed assessments must be stated in the notice of the meeting at which said proposed assessment shall be considered.
The amount of dues provided for herein shall not be increased nor shall any assessment be levied or increased unless approved upon by secret ballot by a majority vote of the Members in good standing present at a regular or special meeting. Written notice of which has been mailed to the Members at least fifteen (15) days in advance. Or by decree of the Alliance for a uniform increase in per capita fees.
The Executive Board shall be permitted to invest the surplus money of this Local in a Federally insured Savings Account, or other interest bearing account registered in the name of the Local.
The funds of this Local shall be used to defray the proper operating expenses provided for herein and for other legitimate purposes to accomplish the objects of the Union. Pursuant to the duties of the President, Vice-President and Secretary/Treasurer, it is the intent that all funds are expended with the approval of all three of these officers.Back to Top
Members in good standing of this Local shall enjoy all rights, privileges, and benefits of this Constitution and By-Laws. A Member not in good standing shall be deprived of the right to hold office, to attend meetings and to vote.
The term "In Good Standing" as used in this Constitution and By-Laws shall be construed to mean that the Member has fully complied with all said Member's obligations to the Local, including all financial obligations.Back to Top
In addition to the penalties expressly provided under the various sections of this Constitution and By-Laws, any officer or Member who shall breach their duty as an officer or Member by violation of the express provisions of the Constitution and By-Laws of this Local or of the Alliance or by such conduct as is detrimental to the advancement of the purposes which this Local of the Alliance pursues, or as would reflect discreditably upon this Local or the Alliance, shall be subject to discipline in the manner set forth in the sections following. However, nothing in the provisions of this Constitution and By-Laws shall be construed to deprive an officer or Member charged with a violation thereof of the right to a fair trial whereby said officers or Member's guilt or innocence may be determined.
If false charges shall be maliciously preferred against any officer or member, the person or persons preferring such charges shall be fined $500.00 (five-hundred dollars), the fine to be imposed after a trial conducted in accordance herewith determines that such charges were malicious in nature.
All charges against an officer or Member of this Local must be in writing, in the form of a sworn, notarized affidavit reciting clearly the offense charged, the name of the accused, the time place and nature of the violation, Section or Sections of this Constitution and By-Laws alleged to have been violated, the signature of the accuser, together with a statement of the names of all witnesses to the offense charged who are known to the accuser. Charges shall be filed in duplicate but only the original needs bear the seal of the Notary Public before whom the affidavit was sworn. Any Member or officer of the Local Union may prefer charges against officers or Members. Charges shall be filed with the office of this Local.
At the Executive Board meeting immediately following receipt of the charges, the Executive Board shall examine all charges preferred to it and shall have the power to declare such charges cognizable or not. In the case of an officer, if cognizance is taken of the charges, the Executive Board may decide if the accused shall be temporarily suspended from the office and further payment of salary to such officer(s) shall be withheld pending the outcome of the trial. The Executive Board shall, in the event that the officer(s) are suspended, make suitable provisions for the efficient discharge of the duties of the accused during the suspension period. In the case of a suspended officer, the trial must take place no later than thirty (30) days after the date of the suspension of the accused. The Executive Board, with the exception of such Members thereof as may be charged in said complaint, shall act as the trial body; provided, however, that those so empowered to act constitute at least a majority of the Executive Board.
After charges have been preferred to the Executive Board, they shall not be withdrawn unless the officer or Member accused and the Executive Board both shall consent to the withdrawal.
Within seven (7) days after cognizance of the charges, the Secretary/Treasurer or President shall serve upon the accused officer or Member, by registered and regular mail to their last known address, a duplicate copy of the charges, and shall notify said officer or Member of the time and place appointed for the hearing thereon. Provided that such notice shall be postmarked to the accused at least fifteen (15) days prior to the date appointed for the hearing.
For Members or non-suspended officers, after cognizance of the charges, shall be read at the next regular meeting of the local union by the presiding officer. No debate or discussion shall be permitted, but the presiding officer shall request those having the personal knowledge of any facts alleged in the charges to submit their names as witnesses to the secretary of the meeting. The presiding officer shall refer the charges to the Executive Board in accordance with the Section 11 herein.
If requested, one continuance shall be granted the accused. Further requests for continuances shall only be granted at the discretion of the Executive Board.
The accused shall have the privilege of challenging the right of any member of the Board to sit upon the case, and in the event of such challenge, the other Members of the Board shall pass upon its validity, sustaining it or overruling it, by majority vote.
The accused may plead guilty and waive the holding of the trial provided she or he does so in a written notarized and witnessed statement and has been advised in writing as to the range of penalties that may be imposed upon them by reason of such plea. If the accused wishes to plead guilty with an explanation, such explanation shall also be in written form. An accused who pleads guilty to charges shall be deemed to have waived their right on any appeal to raise any question concerning their guilt or innocence and their appeal in that event shall be limited to the question of the appropriateness of the penalty or penalties imposed upon them. No stenographic transcript or tape recording shall be required if a plea of guilty is entered in accordance herewith.
The accused may waive the right of appearing before the Executive Board, or may designate a fellow Member in good standing or any Member of the Alliance then in good standing as Member counsel to appear and to conduct said accused defense. Upon proper written notice of the trial, the trial will proceed even if the accused fails to appear.
The Executive Board shall sit as the trial body of all impeachment cases or other trials, and shall conduct at the hearing upon the charges a thorough inquiry into the merits of the case, and a full and impartial hearing. Where the accused shall challenge the entire Board for cause, then trial shall be held at a membership meeting.
When the accused is tried before the membership, the guilt or innocence of the accused shall be determined by majority vote, and the penalty shall be imposed as prescribed in Section 12.
The guilt or innocence of the accused shall be determined by a majority vote of the Trial Body. In the case of an accused officer, it shall then become the duty of the said Body to declare the office of the accused vacant and the successor of said officer shall be selected in a manner provided in this Constitution. The Trial Body, by majority vote, may fine, suspend and/or expel the guilty party, which penalty shall stand until voted upon the Membership as contained herein.
The accused shall, at the hearing upon the charges, have the right to present their defense in full, and to confront and question all witnesses and to examine all of the evidence of the case. The testimony of any witness must be taken under oath, to be administered by the Presiding Officer.
If a witness is unable to attend the trial, a written statement of the witness’ testimony shall be taken in the form of a sworn, notarized affidavit, and such portions of it as are not denied by the accused shall be admitted as evidence.
Two reliable mechanical recordings of all testimony at the hearing shall be made. Sworn and notarized duplicates shall be made available at cost to all parties to the proceeding requesting them.
The Trial Body shall, after hearing all the evidence, render a written report of its findings as to the guilt or innocence of the accused. If the accused is found guilty, a penalty will be imposed. Such penalty shall stand until acted upon by the Membership unless a stay of the decision has, upon application, been granted. A copy thereof shall be filed with the Secretary/Treasurer of the Local Union and a copy shall be served either personally or by certified mail on the accused within five working days. A copy of the transcript of the evidence and proceedings at the hearing shall be available for examination by the accused in writing, a copy thereof shall be furnished to the accused at his or her own expense. Immediately upon receipt of the transcript, the Local Union shall notify the accused in writing of its availability. This report shall be submitted to the next membership meeting of the local union. But in no event sooner than 20 (twenty) days from the date on which the accused has been notified of the availability of the transcript and no later than 60 (sixty) days from the date of the report of the Trial Body.
Where the Membership meeting is the Trial Body, this Section shall not apply.
At the meeting, the transcript of the hearing shall not be read except by motion duly seconded and carried by a majority vote of the members present or if so requested by the accused or if the Membership fails to accept the findings of the Trial Body.
After the submission of the report of the trial body, and discussion by the Members, the Local shall proceed to vote upon the findings of the trial body. If a majority of the Members vote the findings and penalties, in whole, or in part of the Trial Body, such findings and penalties shall be adopted.
If the findings are not accepted, the transcript shall be read unless this has been done theretofore, and the question shall be put whether the accused shall be granted a trial by the membership or whether the membership shall proceed to vote upon the guilt of the accused. If a majority of the members present vote for the latter procedure, a vote shall be taken on the guilt of the accused. If two-thirds of the members present shall vote contrary to the findings of the Trial Body, the findings shall stand reversed; otherwise, the findings shall stand upheld.
A report of the sentence imposed upon an officer or Member shall be forwarded by the Secretary/Treasurer of the Local to the International President of the Alliance for filing.Back to Top
Any Member aggrieved by the decision, rule, regulation, order or mandate of an officer or the Executive Board of this Local may, after exhausting all remedies within the Local by appeal to the Membership, appeal the case in the following order: (1) from the decision of the Membership of the Local to the International President of this Alliance; (2) from the decision of the International President to the General Executive Board; (3) from the ruling of the General Executive Board to the Alliance in convention assembled and the latter body shall be the tribunal of ultimate judgment. However, in the interim, rulings of the Membership of this Local or the Alliance shall be enforced pending disposal of appeal, unless a stay of the decision has, upon application, been granted. Appeals shall be cognizable only if filed within thirty (30) days after the decision. Appeals concerning nominations or elections must be made within fifteen (15) days.
All appeals to the International must be in writing, setting forth those facts, which the appellant believes entitle the appellant to a reversal of the ruling, and signed by the appellant.
When an appeal is taken to the International President from the decision of the Local, a copy of the appeal shall be filed with the office of the Local. Within two (2) weeks, the Local shall forward to the International President all the records in the case, including the sworn charges and a written transcript of testimony, the findings and sentence, and any additional matters of evidence on record. The correctness of the transcript and the record, as a whole, shall be certified by the Local under the appropriate seal. The Local shall also answer to the appeal, setting forth reasons in support of its decision, and serve a copy of the answer on the appellant.
The Members further consent to be disciplined in the manner provided by this Constitution and By-Laws, and to exhaust internal remedies unless to do so would be futile.Back to Top
Ratification of any agreement negotiated by the Local including mid-contract changes and excluding the settlement of group grievances shall require only a favorable vote of a simple majority of the members in attendance. Voting at a special meeting shall be called by the Local at least seven days written notice to the members in good standing of the Local.Back to Top
This Local shall not dissolve Itself while there are seven (7) dissenting Members, nor shall this Article of the Constitution be subject to any alteration or amendment whatsoever.Back to Top
Alterations or amendments to this Constitution shall be submitted to the Membership in writing by mail postmarked at least fifteen (15) days prior to the meeting at which it will be submitted to the Membership for ratification.Back to Top
The headquarters and main office of this Local shall be within the City of Los Angeles at such place as may be designated by the Local.Back to Top
This Constitution and By-Laws shall be the supreme law of this Local, its officers and Members, for the government of all its affairs, subject, however, to the Constitution and By-Laws of the I.A.T.S.E.
It is understood that for all of the provisions of this Constitution and By-Laws which become contrary to law or governmental regulation, such provisions shall be deemed severable and the illegality or unenforceability there, of shall not in any manner affect or impair any other provisions herein.Back to Top
Any member in good standing who wishes to participate on a committee may do so unless a contrary directive is made by the Membership. Any committee in need of funds to carry out their duties must submit a written budget request; outlining items needed as well as funds necessary to acquire those items. Any member of a committee who shall refuse or neglect to perform their duties shall be removed by the Executive Board.
Any Member who is summoned to appear at a meeting of the Membership, the Executive Board or a legally appointed committee of the Local and fails to appear without reasonable excuse, after receiving fifteen (15) days written notice of same, shall be penalized to such an extent as the Local may see fit, after a fair trial.
Any Member, on changing their residence, shall notify the Local's offices immediately. Any notice sent to the last address as shown on the books of this Local shall be deemed legal and sufficient notice.
No Member shall be permitted to donate their services gratis to any entity with whom the Local has a contractual relationship under penalty of fine, after a fair trail.
Conduct unbecoming a Member or that is contrary to trade unionism, or which would bring discredit to this Local or the Alliance, shall be an offense against this Local. Upon being found guilty thereof after trial, the offending Member shall be liable to such penalty as the Local may see fit.
No portion of these laws may be suspended, but may be amended or altered by a resolution approved by a majority of the Members present at a regular or special meeting after the Members have received a fifteen (15) days mail notice. All changes must be approved by the International President.
- No business shall be taken up except in the order prescribed in the "Order of Business” (page (5)), unless, on motion, such irregularities shall be sanctioned by a majority of the Members present.
- No motion shall be received or laid before this Union, unless moved by two Members, nor open for discussion until stated by the Presiding Officer. When a question is before the Union, no other motions shall be in order, except, first to adjourn; second, to lay on the table; third, the previous question; fourth, to postpone; fifth, to refer; sixth, to amend; which motions shall take precedence in the order in which they are arranged. The first three shall be decided without debate, unless it is proposed to postpone to a definite period, in which case it shall be debatable.
- Resolutions, amendments to the Constitution and By-Laws and charges against the officers and Members, must in all cases be presented in writing, otherwise they shall not be considered.
- The mover of any verbal proposition shall, upon the requisition of the chair, the Secretary/Treasurer, or two or more Members, reduce it to writing.
- Any Member entitled to a vote may move for a division of the question if the Resolution is one involving Independent parts that can be voted upon individually.
- A motion to reconsider any former motion or vote shall only be made seconded by Members who voted in the majority.
- When the reading of any paper is called for and objected to, the question shall be decided by vote.
- A division of this Union shall be taken on any question, and recorded at the request of (5) five members.
- When Members speak they shall rise and address the presiding officer, confining themselves strictly to the merits of the question under consideration. A Member shall not be interrupted while speaking, unless the presiding officer, who may call to order, admonish to closer adherence to the subject, and to avoid all personalities. Nor shall a Member be allowed to speak more than twice on the same subject without the permission of the presiding office. When two or more Members rise at once the presiding officer shall decide who shall speak first.
- On the call of one (1) Member for the previous question the President shall put it in the form: "Shall the question be now put?” and until this is decided it shall preclude all Amendment to the main question and further debate shall cease".
- The officer or Member presiding in the absence of the President shall, for the time possess all the powers and privileges vested in the President by the Constitution and By- Laws of this Union.
- No subject of a religious nature shall at any time be admitted.
- No person who is not a Member shall be allowed at any of the meetings without the consent of this Union.
- In the absence of a standing rule to apply to questions before the Union, recourse shall be had to Roberts Rules of Order.
- Questions of order shall be decided by the presiding officer; but in case of an appeal from this decision, the meeting shall determine it.
- Refreshments shall be allowed in the meeting hall of this Union while the meeting is in session, however, no smoking or alcoholic beverages or drugs are permitted at any time. Each Member to clean up after themselves.
- Members receiving notice of discharge shall notify the offices of the Local Union immediately.
- Any Member having a possible grievance shall immediately report it to the Local Union's office.
- Any Member informing the Company of the business of this Union shall be fined or suspended after a fair trial.
Adopted by the Membership as amended at the Meeting of December 12, 2016.
Endorsed by the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada.
On this day 30th of December, 2016.
Matthew D. Loeb
International PresidentBack to Top