By-Laws

For

Amalgamated Transit Union

Local 1309

Representing Employees of:

San Diego Transit

Veolia Transportation Services, Inc. LP of CA.

&

Retirees

(Thereof)

A.F.L. – C.I.O.

ARTICLE 1

Name

            This Local shall be known as the San Diego Bus Driver’s, Amalgamated Transit Union, Local 1309, A.F.L. – C.I.O.

ARTICLE 11

Objects

            The aims and objects of this local are to unite the members, to promote their general welfare and advance their social, moral and intellectual interests; to protect their families in case of sickness or death; to constantly endeavor to establish mutual confidence and create and maintain harmonious relations with our employer; to encourage the principle of arbitration and produce all conciliation possible in the settlement of differences between employees and employer.

ARTICLE 111

Regular Meetings

            The regular membership meetings for the transaction of business shall consist of four sessions to be held as follows:  The first two (2) sessions shall be for those Bargaining Units other than the San Diego Transit Bargaining Unit and shall meet at 10:00 A.M. and 7:00 P.M. on the Wednesday preceding the second Thursday of each month.

            The second two (2) sessions shall be for the San Diego Transit Bargaining Unit and shall be held at 9:00 A.M. and 7:00 P.M. on the second Thursday of each month, except when in conflict with shake-ups it shall be moved to the first or third Thursday of each month at the discretion of the Executive Board.

            Any action initiated at one session shall be reported to the other sessions as “Unfinished Business.”

            All matters must carry by the required majority of the total vote of all sessions to become binding upon the union.

ARTICLE IV

Special Meetings

            The Executive Board shall have the power to call special meetings when deemed necessary for the good and welfare of the Local.

            The President shall have the power to call special meetings as follows:  When requested in writing by one third of the membership of any Bargaining Unit under the jurisdiction of A.T.U. Local 1309.  Matters pertaining to all Local 1309 members shall require one third or more members in writing by the entire membership.

            Notice of a special meeting, stating the purpose of the meeting, time and place, shall be posted at least 24 hours before such meeting is held.

            The Executive Board shall have the power to designate the hour and place the special meetings are to be held.

            The only business transacted at a special meeting shall be that for which the meeting was called.

ARTICLE V

Quorum

            A quorum to transact business at any four-session regular membership meeting, or at a one session or two session special membership meeting, shall consist of a combined total attendance of 25 members, including the officers, in accordance with the following:

            The final session shall be held if the number of members present total 25 when added to those in attendance at the meetings preceding session(s), thus constituting a quorum.  Officers may only be included in the count at one session for the purpose of establishing a quorum.

            In the event there is not a quorum established in accordance with the above, then the business transacted at the preceding session(s) shall be considered null and void and there shall be no business transacted at the final session.  The officers shall proceed to report their activities to those members present.   A quorum to transact business at a one (1) session special membership meeting shall consist of 25 members, including the officers, attending such meeting.

            At Executive Board a quorum shall consist of no less than five (5) members of the board.

ARTICLE VI

Jurisdiction

The jurisdiction of Local 1309 shall extend to all Bargaining Units represented by Local 1309.

ARTICLE VII

Officers

            The officers of the Local shall consist of a President/Business Agent, Financial Secretary-Treasurer, Vice-President and Recording Secretary.

            There shall also be elected three (3) members from the San Diego Transit Bargaining Unit, and one (1) member from each of the other Bargaining Unit(s) to serve with the President/Business Agent, Financial Secretary-Treasurer, Vice-President and Recording Secretary as an Executive Board.  The President/Business Agent shall be Chairman of the Executive Board.

                        Members of the Executive Board shall serve as delegates and/or alternate delegates representing this local at the Association’s general convention; Labor federation; Central Labor Bodies and other meetings and assemblies where the Local is represented.

            The positions of Warden, Sentinel and Stewards of any Bargaining Units shall be filed by the method of appointment as in the case of the appointment of a Committee Chairman.

            The Warden, Sentinel and Steward positions of all Bargaining Units shall not be considered an Office of the Local.

ARTICLE VIII

Term of Office – Compensation

            The elected officers of this Local shall serve a term of three (3) years.  The Local shall not be liable for any claim for salary or expenses for services performed by an officer, committee or member, except such has been duly authorized by the Executive Board prior to the performance of such service.

ARTICLE IX

Duties of Officers

Duties of the President/Business Agent:

            It shall be the duty of the President/Business Agent to preside over all meetings of the Local, to preserve order and to enforce the Constitution and By-Laws; to see that all officers perform their respective duties and appoint all committees not otherwise provided for.  He shall decide all questions of order, subject to an appeal to the local.  He shall have the right to vote only in case of a tie, when he shall give the deciding vote.  He shall have power to call special meetings when requested by one-third or more members in writing; he shall sign all orders on the treasury for such money as shall, by the Constitution and By-Laws or by vote of the Local, be ordered paid; sign all checks and drafts on bank and perform such other duties as the Constitution and By-Laws of the Local may require.

Duties of the Financial Secretary-Treasurer:

            The Financial Secretary-Treasurer shall keep a true and proper account between the Local and its members, collect all moneys due the Local.  He shall report to the Local at each regular meeting the amount collected.  He shall make a quarterly statement of receipts, deposits, expenditures and balance and deliver his books to the Auditing Committee when so desired for authentication.  He shall see that the Local is kept in good standing with the International Union, forwarding all reports to the General Office and receiving receipts for the same.  He shall make no disbursements without an order from the President, he shall, in the name of the union, deposit all money in the bank that the Local may select, only to be drawn upon drafts signed jointly by himself, the President/Business Agent or Vice-President.

Duties of the Vice-President:

            It shall be the duty of the Vice-President, in the absence of the President/Business Agent, to preside and to perform all duties pertaining to the office of the President/Business Agent and to render such assistance as may be required of him.  In case of a vacancy in the President/Business Agent’s office, he shall preside until the Local elects a President/Business Agent to fill the vacancy.  If called upon, he shall be a signatory to drafts drawn upon this Local.

Duties of the Recording Secretary:

            It shall be the duty of the Recording Secretary to keep a correct account of the proceedings of the Local; to call the roll of officers, carry on all correspondence, perform such other duties as pertain to his office and to deliver to the Local at the expiration of his term of office all property entrusted to his care.  He shall, by virtue of his office, serve as the Local’s Correspondent to the “In Transit” magazine.

Duties of the Executive Board:

            It shall be the duty of the Executive Board to supervise and direct the management of the Local.  They shall appoint their own time for meetings which shall be at least one a month.  Special meetings of this Board may be called by the President/Business Agent when it is deemed necessary.  It shall be their duty at all times to report all of their acts and doing to the meetings of the Local, and be subject to any and carry out all of the instructions of the Local.

Duties of the Warden and Sentinel:

            The positions of Warden and Sentinel shall be so conducted as to conform with the ritual of this union.  

            Installation of officers shall take place at the first regular meeting in the month of January of each election year.  Retiring officers shall see that all officers elected are duly installed and placed in charge of the affairs of this Local before surrendering or turning over the office.

ARTICLE X

Bonding

            Every officer or other representative or employee of the Local who handles the funds or other property of the Local shall be bonded for the faithful discharge of his duties in an amount not less than ten percent (10%) of the funds handled by him and his predecessor or predecessors, if any, during the preceding fiscal year.  The bonds shall be with the corporate surety approved by the secretary of the Treasury.

ARTICLE XI

Audit of Local’s Books

            There shall be selected by the Executive Board, subject to the approval of the Local members, a certified public accountant to audit the books and financial accounts of the Local at each regular audit.  The auditor shall, at the end of each six months, as defined in section 35.3 of the Constitution and General Laws, take up and completely audit the accounts of each financial officer of this Local for the previous six months and fill out the regular report blanks of the union, sign and deliver same to the Recording Secretary that he can make the proper report to the Local at the regular meeting that month, and a copy sent to the International Office.

ARTICLE XII

Grievances

            It shall be the duty of the President/Business Agent to investigate all disputes and questions between members of the Local and the Company and report his action to the Executive Board and the regular meetings of the Local.  The President/Business Agent shall be specifically charged with all grievance duties subject to recommendations of the Executive Board and action taken by members attending Local meetings. 

ARTICLE XIII

Trials and Appeals

            Each member of this Local shall have the right to fair and uniform application of the International Constitution, Local Constitution and rules of order and such other rules and regulations as the membership or the Executive Board may impose predicated upon the “essential element of the due process,” such as notice, hearing and judgment on the basis of evidence, with a right of appeal as is more particularly set forth in the International Constitution.

ARTICLE XIV

Exhaustion of Remedies

            Any member or members feeling that they have been unfairly dealt with by the Local have the right of appeal as set forth in Section 22 and 22.1—Trial, Appeals and Grievances—of the Constitution and General Laws of the International Association.

ARTICLE XV

Initiation Fee and Dues

            The initiation fee of this Local shall be three hundred dollars ($300.00).  Initiation fees for properties represented by this Local other than the San Diego Transit bargaining unit shall be reduced by one hundred fifty dollars ($150.00).  Any member transferring from another bargaining unit of this Local to the San Diego Transit bargaining unit shall, upon promotion to full-time status, be assessed the additional one hundred fifty dollars ($150.00).

            Initiation fees for members of the San Diego Transit bargaining unit employed in a part-time status shall be reduced one hundred and fifty dollars ($150.00).  Upon promotion to full-time status or first refusal to accept promotion to full-time status, the remaining one hundred fifty dollars ($150.00) shall be assessed.

            A member who has suspended himself by non-payment of dues, fines and assessment, and desires reinstatement into the union may do so by complying with section 21.15 of the Constitution and General Laws of the International Union.

            A suspended member of more than twelve months cannot be reinstated.  He may be enrolled only as a new member.

            The monthly dues for members of this Local shall be the equivalent of the sum equal to two (2) hours of the highest rate of pay in effect at that time for each classification plus al per-capita tax.

            Provided that in the event the combined balance of all monetary accounts of the Local is at any time reported by the Financial Secretary to have been reduced below fifty thousand ($50,000.00) dollars the monthly dues commencing with the month following the month in which such decrease was reported shall be increased to 2 hours and 40 minutes at the top rate in each classification until the fund is restored to seventy-five thousand ($75,000.00) dollars.

            The amount derived from the additional 40 minutes shall be deposited into the Special Fund each month.

            Dues and assessments are due and payable on the first day of each month.  A member in arrears for his dues and assessment after the fifteenth day of the month is not in “Good Standing” and is not entitled to disability or funeral benefits, to death benefits or to vote or participate in the affairs of the Local.

            Monthly dues for pensioned members who retain their membership in the Local shall be the amount of the Union’s monthly per capita tax plus the portion of the member’s monthly dues which are allocated to the Death Benefit Trust Fund.

            In order to encourage the participation of members in the affairs of the Local and properly reward those active members who participate in the meetings of this Local, the members attending a regular meeting of the Local shall be given a $4.00 credit on their dues for the month following the meetings attendance, provided the total of all accounts does not fall below $120,000.00.  In those months the account does fall below the $120,000.00 limit, the credit given will be $1.00.

            Any member who is off work due to illness or injuries for a continuous period of six (6) consecutive months or longer shall have his/her dues payment excused, except for the All Per Capita Taxes, and Death Benefit premiums, if applicable, directly to the Local Union office.

ARTICLE XVI

Negotiation of Contracts

            Contracts affecting seniority, wages, hours or working conditions of the members of this Local shall be negotiated in the manner hereinafter set forth.

            Not less than three (3) members of the Executive Board shall be appointed to serve with the President/Business Agent on the Negotiating Committee.  A Steward or spokesperson of any unit other than the San Diego Transit Bus Drivers, may be appointed to serve on the Negotiating Committee in place of one (1) of the Executive Board members.  This substitution must first be approved by the Executive Board.  The President shall act as Chairperson if this committee.

            A majority of members voting at a special or general meeting of the Local shall authorize the demands to be made by the Negotiating Committee upon the employer.

            No contract shall be concluded or signed by an officer or officers, nor by the Executive Board, individually or collectively, nor by any Negotiating Committee or any member thereof, affecting seniority, wages, hours or working conditions without there first being obtained an affirmative vote by a majority of members voting at a special or general membership meeting of the Local except that the Executive Board shall have the authority, as provided by the International Constitution and General Laws, to submit the results of negotiations on contracts to the entire membership for a referendum vote of the membership, to be conducted under conditions at times and places determined by the Executive Board.

            No proposal to rescind or amend any provision, or part thereof, of a current working agreement shall be acted upon unless said proposal has first been presented, in writing, at a regular membership meeting and immediately thereafter posted on the Union bulletin board in each bus division until the next regular membership meeting, at which meeting said proposal must be accepted by a two-thirds (2/3) vote of the meeting in order to be adopted for presentation to the employer.  Thereafter, the proposal shall be handled in strict compliance with the first, second and third paragraphs of this article. 

ARTICLE XVII

Nominations and Election of Officers

            Nomination and election of Officers of this Local shall be by the direct primary method.

            Nomination of Officers for this Local shall be held at the first regular meeting in the month of October.

            At the nomination meeting, any member in good standing may appear and place in nomination any qualified member for any office.

            Elections of this Local shall be by the signed, two (2) envelope, mail-in ballot method.

            For these elections, the Local shall secure a P.O. Box at any local United States Post Office that the Election Committee selects.

            Members, to be eligible to run for any office, must have complied with the provisions of the International Constitution and General Laws of the International Union.

            Members in good standing and members who remain in good standing with the Local during the time of the election shall have the right to vote once in each the Primary and General elections.

            Should it be found that any member(s) voted more than once in any election, said election can be declared null and void if it is determined that said member(s) votes may have influenced the outcome of the election.  Said member(s) will also be held liable for any costs incurred by the Local for holding a new election and any applicable State and Federal Laws.

            All elections shall be by secret mail-in ballot and shall be so conducted as to afford all members an opportunity to vote as they desire without the exertion of influence or coercion from any source.

            Where tow or more Executive Board-International Delegate offices are to be filled, each such office shall be contested separately, and from their respective Bargaining Unit(s).

            The presiding officer shall declare that it is in order to proceed with the nomination of candidates for the office of President/Business Agent and 1^st International Delegate.  After the nominations for the office of President/Business Agent and 1^st International Delegate have been closed, by motion from the floor and carried by a majority vote, the meeting shall proceed to nominate candidates for the remaining offices in the following order: Financial Secretary-Treasurer and 2^nd International Delegate,  Vice-President and 3^rd International Delegate, Recording Secretary and 4^th International Delegate, Executive Board Position #1 and 1^st Alternate International Delegate, Executive Board Position #2 and 2^nd Alternate International Delegate, Executive Board Position #3 and 3^rd Alternate International Delegate.  There will be one additional Executive Board position from each Bargaining Unit(s) other than San Diego Transit.  Executive Board Position #4 (National City Transit).  Executive Board Position #5 (ATC/VanCom – Main St.). The position of the 4^th Alternate International Delegate shall rotate between Executive Board Positions 4 and above beginning with the 2004 elections with Executive Board Position #4 and 4^th Alternate International Delegate.

            The Financial Secretary-Treasurer shall prepare a sample ballot, placing the candidate’s names for the respective office in alphabetical order, and post same on the Union bulletin boards within 48 hours after the nomination meeting.

            Not less than fifteen (15) days prior to the nomination meeting the Financial Secretary-Treasurer shall mail to each member at his last known address a notice of the dates of the nomination meeting, primary election and general election.

            The ballots for the primary election must be mailed out no later than the first (1^st.) Friday in November, and must be received U.S.P.S. no later than the third (3^rd) Friday in November (at which time the Election Committee will pick up said ballots) for the purpose of determining the results of the primary election.

            The ballots for the general election must be mailed out no later than the first (1^st) Friday in December and must be received U.S.P.S. no later than 3 P.M. on the third (3^rd) Friday in December (at which time the Election Committee will pick up said ballots) for the purpose of determining the results of the General election.

            Every candidate shall have the right, within 30 days prior to the primary and general elections in which he is a candidate, to inspect and/or purchase mailing labels of all members of all members of the Local.

            No moneys received by the Local by way of dues, assessment or similar levy, and no monies of an employer shall be contributed or applied to promote the candidacy of any person in an election.  Such monies of the Local may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for the holding of an election.

            The two (2) candidates receiving the highest number of votes in the primary election for any office shall be nominees contesting for such office in the general election; except that if any candidate for any office receives a majority of all votes cast for that office, he shall be deemed elected at the primary election.

            If there are three or more candidates for the same office, a run-off election will be necessary unless a candidate receives a majority of the votes cast for an office in the primary election, then should no candidate receive a majority of votes, the two candidates with the highest number of votes shall contest in a run-off election for that office.

            The Recording Secretary shall furnish the election committee with a roster of the qualified voters listed in alphabetical order.

            The election committee will be responsible for supervising the election, stuffing and mailing of ballots, retrieving the ballots from the U.S.P.S., counting of ballots, posting of the results of the election on the Union bulletin boards immediately after the results are known and to seal and safeguard the ballots for a period of one (1) year.

            Any officer wishing to resign shall submit his resignation in writing to the Executive Board.  The Executive Board shall present such resignation at the next regular membership meeting.  When a vacancy occurs in any office, the Executive Board shall announce such vacancy at the next regular membership meeting.  Nominations for such office shall be held at the regular membership meeting following such announcement and a special election to fill the vacancy shall be held within thirty (30) days following said nominations.

            The President/Business Agent shall have the power to fill any vacant office by appointment until a successor has been duly elected and qualified to serve the unexpired term of such vacant office.  However, should the vacant term be six (6) months or less, said appointment will be for the remainder of the unexpired term.

            Any matters not specifically provided for in these By-Laws shall be governed by the International Constitution and General Laws of the International Union. 

ARTICLE XVIII

General Provisions

            Before the resignation of an officer is effective, his accounts must first be examined by the Auditing Committee and their findings reported to the Executive Board.

            Each member of this Local shall wear the Amalgamated Transit Union’s official emblem in plain view at all time when in uniform.

            It shall be the responsibility of each member to keep their dues paid in full and to carry their current working card in their possession at all times and show the same when called upon to do so.

ARTICLE XIX

Rules of Order – Order of Business

            “Robert’s Rules of Order, Revised” shall guide the conduct of the meetings of this Local on all questions of a parliamentary nature, not specifically provided for in the International Constitution and General Laws or these By-Laws.

            Meetings of this Local shall be conducted in accordance with the “Order of Business for Local Unions” as set forth in the International Constitution and General Laws.

ARTICLE XX

Amendments to these By-Laws

            In order to amend, alter or rescind any section, or part thereof, of these By-Laws, the proposed change must be submitted to the Executive Board in writing, bearing the signature of the author, at least two (2) weeks prior to the regular meeting at which the proposed change is to be presented.

            Immediately after the regular meeting at which the proposed change is presented, the Executive Board shall post a copy of the proposed change on the union bulletin board in each bus division, where it shall remain posted until adopted or rejected.  Action, as a result of the discussion on the proposed change, shall be taken at the first regular meeting following the presentation and the proposed change must be accepted by a two-thirds (2/3) vote of the meeting in order to be adopted.

            The initiation fees, dues and assessments shall not be increased except by a two-thirds (2/3) vote by secret ballot of the members in good standing voting at a general or special membership meeting after reasonable notice of the intention to vote upon the question.

ARTICLE XXI

Death Benefit Trust Fund

            There is hereby established a Death Benefit Trust Fund for all members in good standing of Local 1309.

            This Trust Fund shall be maintained pursuant to a written Trust Agreement.  The Board of Trustees of the Fund shall be the President/Business Agent, the Vice-President and the Financial Secretary/Treasurer of the local.  The Executive Board shall designate a uniform portion of the member’s monthly dues to be allocated to the Death Benefit Trust Fund.  The Financial Secretary/Treasurer shall monthly transfer to the Death Benefit Trust Fund that portion of each member’s dues which the Executive Board shall have determined is allocable to that benefit.

            The Trustees of the Fund may either insure or self-insure the Death Benefit Trust Fund.  The Trustees shall determine and may, from time to time, amend, prospectively, the level, type, and amount of benefits provided by the fund.

            The only claims a member shall have for a death benefit shall be against the assets of the Death Benefit Trust Fund.  No other assets of the Local shall be subject to claim for a death benefit should the assets of the Death Benefit Trust Fund not be sufficient to provide a promised benefit.