Index to Documents

 

BY-LAWS  PDF Image File

FOR THE

DISTRICT COUNCIL FOR NEW YORK CITY AND VICINITY
OF THE

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
oF AMERICA. AFL-CIO

 

PREAMBLE

Our aim will be to promote and

protect the interest of our membership, to

elevate the moral, intellectual and social

conditions of all working men and women,

to assist each other in sickness and distress.

To encourage apprenticeship and a

higher standard of skill, to cultivate a feel-

ing of friendship, and to assist each other to

secure employment

 

To aid and to assist all organizations

to uphold the dignity of labor and resist

oppression by honorable Means.

To hold it as a sacred principle, that

union members, above all others, should set
a good example as good and faithful workers, performing their duties to their employer with honor to themselves and to their organization.

We resent the principle of open shop

association, and will continually strive for

the enactment of legislation, which will en-

able us to achieve our objectives.

 

   Realizing. that a blow at one organi-

zation is a blow to all, therefore, it shall be

our duty as union members to purchase

union-made goods and patronize union

shops and business establishments when-

ever possible to do so.   

So with these aims and principles in
mind, the Local Unions in the vicinity of
New York affiliate themselves into an organization that shall be known as the District Council for the New York City and Vicinity of

the United Brotherhood of Carpenters and

Joiners of America, AFL CIO in conformity

with the provisions of the Constitution of the United Brotherhood.   

BY-LAWS

NAME AND TITLE

Section 1.   

This body is chartered and known as the District Council for New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO.This Council is organized in conformity with the Constitution of the United Brotherhood arid shall exercise the powers and privileges of a Council under the Constitution of the United Brotherhood.

OBJECTS

Section 2.

The primary objects of this Council   -

shall be to promote and. protect the interest

of our membership. through broadly demo-

cratic institutions free of corrupt influence,

to encourage the apprenticeship system and

higher standards of skill, to reduce the

hours of labor, to secure adequate pay for

our work, to elevate the standard of our

craft, to cultivate a feeling of friendship

among the members of this. Brotherhood, to

assist our members in procuring employ-

merit and to protect our members by legal

and proper means against any injustice that   

may be done to them, and to improve the

moral, social and intellectual conditions of

our members and all working people.

      

 

 

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POWERS
Section 3.

This Council, through a democratically elected governing body of delegates chosen by the rank and file, shall be the central governing body and shall have legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members. The Council shall establish working dues or monthly dues that are sufficient to operate the Council payable to the Council and initiation fees. It shall have the power to collect and retain all fines levied by the Council for violation of the laws, trade rules and other rules of the Council. The Council shall have the power to issue the quarterly work card. It shall have the power to make agreements with kindred bodies or central organizations . and send Delegates to the saMe whenever deemed necessary. The Council shall have the authority to review and approve in its discretion, all personnel decisions. arid to establish personnel and other policies. Except for clerical employees of Local Unions, all persons employed on matters within the jurisdiction of the Council, including Business Representatives and Organizers, Shall be employees of the Council. No Council officer or Executive Committee Delegate shall receive salary or other compensation or hold elected or appointed position as an officer of an affiliated Local Union. The affiliated Local Unions may employ and pay salaries to clerical employees.

. These By-Laws, Trade Rules and any other rules, resolutions and directives adopted by the Council shall govern and be binding on each Local Union affiliated with the Council.

Any subject not covered by these By-. Laws and Trade Rules shall be governed by the Constitution of the United Brotherhood - and nothing in. these By-Laws shall. in any

way be construed to conflict with the Constitution of the United Brotherhood.

COUNCIL REPRESENTATION

Section 4

Each Local Union shall elect Delegates to the Council in accordance with the Constitution and of the United Brotherhood governing nomination and elections in subordinate bodies. The ratio of representation from each Local Union to the Council-shall be determined by the Council. A member of a total Union who meets the qualifications of Section 31D of the Constitution of theUnited Brotherhood shall not be ineligible to be a Delegate- because he or she is a Business Representative of the Council, nor shall an otherwise qualified Delegate to the Council be ineligible for appointment as a Business Representative because he or she is a Delegate. Each Local Union shall submit the correct number of members on their rolls from month to month on and after the first meeting of each month.

 

The ratio of representation from each Local Union to the Council shall be as follows:

1 to 500 members = five delegates

501 to 1,000 members = six delegates

1,001 to 1,500 members = seven delegates

1,501 to 2,000 members = eight delegates

2,001 to 2,500 members = nine delegates

2,501 to 3,000 members = ten delegates

3,001 to 3,500 members = eleven delegates

3,501 to 4,000 members = twelve delegates

4,001 to 4,500 members = thirteen delegates

For each additional 500 members thereafter

= one delegate

 

2


 

POWERS AND DUTIES OF DELEGATES
Section 5.

The Delegate Body shall have the exclusive authority to consider, vote upon and finally approve decisions on all matters affecting the Council, except as to all matters which are expressly delegated by the Delegate Body. Without limiting the generality of this grant of authority, the Delegate Body shall have the exclusive authority to: finally approve the budget 'and all expenditures of the Council, finally approve the overall organizing plan of the Council, finally approve all recommendations of the Executive Committee, finally approve all contracts of the Council, including, but not limited to, those relating to the employment of service providers, outside legal advice or other professional advice, finally approve collective bargaining agreements„ finally approve the appointment and removal of Trustees to the Trust Funds, and appoint the Council's Trial Committee, Rules and Resolutions Committee, District Council Grievance Committee and Election Committee and such other committees it deems necessary. The Delegate Body shall also have unlimited authority to raise and finally resolve any matter within the jurisdiction of this Council on its own initiative.

The Council by majority vote of the Delegates present, either in regular or special session, shall have the authority to adopt Operating Procedures to govern the Council and all Local Unions, and to enact all measures, resolutions, trade rules, instruction to members and Local Unions and all other actions that may be necessary to further the objectives and purposes of the CounciL

Council Delegates shall be elected in accordance with the Constitution of the United .Brotherhood Council Delegates shall be elected for a term of not more than

three years or until their successors are elected, qualified and installed

DELEGATE CREDENTIALS
Section 6.

Recording Secretaries of Local Unions must forward credentials of the Delegates from their Local Union to the Council properly signed by the Local Union President and Recording Secretary with the seal of the Local Union affixed. They shall be referred to the Executive Committee who shall investigate the same and report their findings to the Council with recommendation thereof.

DELEGATES ATTENDING MEETINGS
Section 7.

Any Delegate to this Council failing to attend its meetings shall upon the (3rd) offense, provided they are successive and no reasonable excuse is presented and accepted by a majority vote of the Council, stand suspended and his Local Union shall be so notified.

EXECUTIVE COMMITTEE
Section 8.

The Executive Committee shall be a subcommittee of the Delegate Body and shall consist of one member of each Local Union nominated and elected by secret ballot of the membership directly, and the President; Vice-President and Executive Secretary-Treasurer. The Executive Committee shall prepare-an-annual budget for the- Council: to. considered, voted upon, and finally approved by the Delegate Body. The Executive Committee shall review and make recommendations to the Delegates on all Major purchases by the Council such as automobiles, computers and all personnel decisiions, including. salaries. The Executive Committee shall serve as the collective bar-


 

gaining committee for conducting negotiations with employers. The Executive Committee shall have the authority to appoint additional members to serve on any negotiating committee. The Executive Committee shall make recommendations to the Delegates on the appointment and removal of Trustees to the Trust Funds. The Executive Committee shall have the authority to conduct public and member relations including the publishing of The Carpenter. All changes
or proposed changes to the By-Laws or Trade Rules of this Council or any of the Local Unions affiliated therewith shall be first referred to the Executive Committee for consideration and recommendation pending final approval by the Delegate Body. Furthermore, in accordance with Section 11B of the Constitution of the United Brotherhood the same must be submitted to the First General Vice-President for approvaL The Executive Committee shall regularly review the District Council's referral records to determine that job referrals and the appointment of stewards are being conducted fairly and properly in accordance with the job referral rules and

shall report their findings to the Delegates.

The Executive Committee shall submit a

report on Council operations to each meet-

ing of the Delegate Body.

DISTRICT COUNCIL OFFICES

Section 9A.

 

There shall be a President Vice

President, Executive Secretary-Treasurer, Warden, Conductor and three (3) Trustees. The term of these offices shall be four (4) years.   

NOMINATIONS AND ELECTIONS

Section 9B.

The nomination, election and in-

stallation of members for such offices shall be governed by the Constitution of the

United Brotherhood in accordance with the

following provisions:

(A)   Candidates for President,.

Vice President and Executive Secretary

Treasurer shall be nominated and elected by

secret ballot of the membership directly.

Candidates for Warden, Conductor and the

three (3) Trustees shall be nominated and

elected by the Delegate Body. Candidates

for all such offices must be working within

the bargaining unit represented by their Lo-

cal Union, or employed full time within the

framework of the United Brotherhood of

Carpenters to be eligible.

(B)   Candidates duly nominated

and elected, by virtue of their office, shall be deemed a Delegate from their Local Union for the ensuing election of Local Union

Delegates to the Council.

DUTIES OF THE PRESIDENT

Section 10.

It shall be the duty of the President

to preside at all meetings of the Council,

enforce a due observance of the Constitu-

tion of the United Brotherhood, conduct the

same according to parliamentary rules,

rules of the Delegate Body and perform

such other duties as designated by the

body.

DUTIES OF THE VICE PRESIDENT

Section 11.

The Vice President shall assist the

President in the performance of his or her   

duties and conduct meetings in his or her

absence. The same rules are to govern as

are applied to the President   

 


 

DUTIES OF THE EXECUTIVE SECRE-

TARY-TREASURER

Section 12.

(A)   The Executive Secretary-

Treasurer shall be responsible for the man-

agement and supervision of the field activi-

ties, business office(s), and for conducting

the daily business of the Council in accor-

dance with the Council policies established

by the Delegate Body. The Executive Sec-

retary-Treasurer shall assume all of the du-

ties of the Recording Secretary and Treasurer.

All monies paid into the Council

shall be deposited by the Executive Secre-

tary-Treasurer in the name of the Council in

such bank or banks as properly designated

by the Executive Committee.

The Executive Secretary-Treasurer

shall furnish each Local Union with a copy

of the quarterly financial report of the

Council certified by the proper auditing

committee. This report shall be signed by

the Trustees of the Council. He shall per-

form such other duties from time to time as

the Executive Committee or the Council

Delegates may direct.

The Executive Secretary-Treasurer

shall furnish to each Local Union a correct

record of each meeting of the Council. All

collected claims shall pass through the

hands of the Executive Secretary-Treasurer

and he shall keep a record of the same.

The Executive Secretary-Treasurer

shall refer all bills to the Trustees for inves-

tigation, after which they shall be presented

to the Council Delegates for final approval.

The Executive Secretary-Treasurer is

specifically authorized to expend, subject to

the approval of the Executive Committee

and, in accordance with the procedures of

these By-Laws and the budget approved by

the Delegates, funds for any or all of the

purposes and objects of the Council estab-

lished by the Delegate' Body.

 

The Executive Secretary-Treasurer

shall have the authority to hire, discipline,

suspend, promote or terminate all clerical or

custodial employees and shall determine

their duties, assignments, compensation,

hours of employment. and conditions.

.

The Executive Secretary-Treasurer

shall have the authority to appoint; hire;

discipline, suspend, promote or terminate

Council representatives and organizers,

subject to the approval of the Executive

Committee by a majority vote.

(B)   The   Executive   Secre-

tary-Treasurer, by virtue of election to his or her office, shall automatically be deemed as an elected Delegate from the Council to the conventions or meetings of the United Brotherhood, State Building and Construction Trades Councils Labor Federations and any other organizations, conferences or meeting in which the Council may participate or become affiliated.

The Executive Secretary-Treasurer

or his designee shall be chairman of all ne-

gotiating committees.

The Executive Secretary-Treasurer

shall serve as a trustee on any and all trust

funds including, but not limited to, health

and welfare, pension, labor-management

and joint apprenticeship and training funds.

 

The Executive Secretary-Treasurer

shall review with the Executive Committee

all minutes of any trust fund meeting and

answer all questions put to him regarding such minutes with a copy of same to remain at the office of the Council.

.   :.   


 

The Executive Secretary-Treasurer

shall notify each Local Union by mail, no

later than April 15th of the year of each

general election of Local Union Delegates to

this Council, the correct number of Dele-

gates each Local Union is entitled to have

elected.

The Local Union shall notify the Ex-

ecutive Secretary-Treasurer, by certified

mail, of the names of the elected Delegates

before July 1st of each year. It is compul-

sory that the Executive Secretary-Treasurer

of the Council notify these Delegates by

mail that nominations and elections of the

Council officers arid the Executive Com-

mittee will be held at the regular Council

meeting in August.

The Executive Secretary-Treasurer

shall keep a correct record of each meeting,

keep all documents and correspondence,

issue all calls for a special meeting, keep a

record of all charges, trials and fines, take

charge of the seal of the Council and affix

same to all official documents, sign all legal

orders, keep a correct account between the

Council and the Local Unions, receive all

monies paid to the Council and shall hold in

his or her possession a sum of money riot to

exceed $5,000 for contingent expenses. He

or she shall issue quarterly work cards to

the affiliated Local Unions.

 

The Executive Secretary-Treasurer

shall take charge of all the ballots cast in

any election of the Council and shall pre-

serve said ballots and other records relating

to the election for a period of. One year after

the election date.

 

 

The Executive Secretary-Treasurer

may delegate any of his authority to a rep-

resentativ