CONSTITUTION AND BY-LAWS
OF
PARI-MUTUEL EMPLOYEES GUILD
OF
We, the members of the Pari-Mutuel Employees Guild of California, Local 280, affiliated with the Service Employees International Union, AFL-CIO, recognize that improvements and betterment of our membership and their working conditions can best be accomplished and protected by united action and we further recognize the necessity and desirability of preserving the dignity of our craft and promoting and protecting the physical, economic and social welfare of our members; We have therefore united in one organization for the purpose of promoting and preserving safe and healthful working conditions, adequate compensations and reasonable hours of employment for the members of this organization.
ARTICLE I
NAME
This organization shall be
constituted and known as the
PARI-MUTUEL EMPLOYEES GUILD of
affiliated with the
Service Employees International
ARTICLE II
OBJECTS AND
PURPOSES
Section 1. The
objects and purposes of this Guild shall be to unite the Pari-Mutuel workers of
the State of
To enter into contracts for all conditions of employment of said membership, especially wages, hours and working conditions; To encourage and foster improved and amicable working relationships between the membership of the Guild and employers, and to promote good will and common understanding between members and employer groups; And to negotiate for and attempt amicable adjustment of any disputes or grievances that may arise between our members and their employers.
Section 2. No member shall discriminate or advocate discrimination against any other member or person on the basis of race, creed, color, religion, sex, national origin, sexual orientation, ancestry or age.
Section 3. Any reference in this Constitution and By-Laws to the masculine gender shall include the feminine gender as well.
ARTICLE III
JURISDICTION
The Pari-Mutuel
Employees Guild of California, Local 280, Service Employees International
Union, AFL-CIO, shall have jurisdiction over all Pari-Mutuel Employees at all
race tracks, satellites, state and county fairs and exhibitions of every
character where Pari-Mutuel tickets are sold in the State of
All persons employed in the Pari-Mutuel Department of such places shall come under the jurisdiction of this Guild.
"The above shall include horse racing, dog racing, off-track betting, jai alai, football, baseball, basketball or any other sporting event where Pari-Mutuel wagering is conducted, or any other form of wagering is conducted on or off the track, stadium, ballpark, or open air or enclosed structure in the State of California.
ARTICLE IV
MEMBERSHIP
Section 1. Any person employed in any classification within the jurisdiction of this Local Union shall be considered eligible for membership in this organization provided, however, that such persons meet the requirements of the State Racing Law and further conform to the following standards:
A. Possess at the time of application a
valid Pari-Mutuel License, in good standing, issued by the Racing
Board of the State of
B. Have worked a minimum of fifteen (15) days in a Pari-Mutuel Classification within the immediately preceding eighteen (18) months.
C. No member or officer of any organization which advocates, teaches or undertakes the overthrow of the government of the United States (or of Canada) or any political subdivision thereof by force, violence or any unlawful means shall be allowed to hold membership or office or be admitted to membership in this Local Union. It is not necessary that the individual charged with membership in such organization admit his/her membership in said organization. If the Local Executive Board, by majority vote, shall find from the evidence presented that the individual is a member of such organization or has the specific intent to further the aims of such organization or group of individuals to overthrow or overturn the government of the United States (or of Canada) or any political subdivision thereof by force, violence or any unlawful means, the Local Executive Board shall expel such individual after he/she has obtained a proper trial.
Section 2. Application for membership in this Guild shall be presented in writing and shall include the name, address, date and place of birth, previous Pari-Mutuel experience and the previous five (5) year non Pari-Mutuel employment history of the applicant.
Completed applications for membership shall be referred to the Membership Committee which will investigate the eligibility and acceptability of the applicant and report their findings and recommendations to the Local Executive Board.
The Executive Board will further review the application together with the findings and recommendations of the Membership Committee and shall determine, by a majority vote, whether or not the applicant shall be admitted to membership.
Section 3. Qualified and approved applicants shall be processed for membership in the Guild on a semi-annual basis during the months of June and December and will be sworn-in as bona fide members with full rights and privileges during the months of July and January.
Section 4. Any person who at any time during a calendar year shall hold the
position of Mutuel Manager at any major race meeting held in the State of
Present Mutuel Managers who are members of the Guild may apply for withdrawal cards and will be allowed seniority credit for all seniority earned.
Section 5. The Initiation Fee for membership in the Guild shall be the sum of Two-Hundred Fifty ($250.00) Dollars.
Section 6. The dues for each member shall be the sum of Four Hundred Forty-Eight ($448.00) Dollars per year, payable as follows: Two Hundred Twenty-Four ($224.00) Dollars due on January 1st and Two Hundred Twenty-Four ($224.00) Dollars due on July 1st of each year. Each member must pay the dues and any special assessments of the Local Union on or before the last day of the month in which the same are due.
Any member failing to pay the dues and assessments of the Local Union on or before the last day of the month in which the same are due will become delinquent the following day (February 1st for the first half, August 1st for the second half) and shall stand automatically suspended from membership, all work lists and all other activities of the Guild. Any suspended individual may apply for reinstatement within Thirty (30) days of the date for suspension upon payment of delinquent dues plus a reinstatement fee of Two-Hundred ($200.00) Dollars.
"The
In order to maintain eligibility for the International Union's Death Gratuity Benefit, each member must pay their dues on time. Reinstatement does not entitle a member who has gone delinquent to immediate participation in the Death Gratuity Benefit. The Death Gratuity Benefit is governed strictly by the rules of the International Union. (For members prior to 1984)
Section 7. All retired members of the Guild who wish to continue their membership on a limited basis may do so by the payment of annual dues in the amount of Thirty-Six ($36.00) Dollars per year, payable on or before the 31st day of January of each year, provided that membership dues were paid in the preceding year.
Should any member decide to retire prior to July 31 of any year, that member shall be required to Pay only $36.00 to retain his/her membership for the remainder of the year, provided that the $36.00 was paid on or before July 31st, of that year in which the retirement was taken.
Such limited membership does not carry voting privileges or the right to hold office, but does allow attendance at regular and special membership meetings.
Retired members paying less than the full dues required for working members of this Local Union shall not be eligible for nomination as an officer, member of the Executive Board, Delegate or any other office in this Local Union.
Section 8. This Local Union shall pay per capita tax to the International Union for any person from whom the Local Union received revenue, whether called dues or otherwise. This Local Union shall have no right to pay any bills before it pays its full obligation to the International Union semi-annually.
Section 9. No probationary (permit) letters shall be issued from this organization until all available members of the Guild in good standing who are ready, capable and otherwise qualified, for such available positions are employed. All such members shall be considered available for work unless said member refuses a position after being notified of such opening even though he/she is not on the grounds of the racetrack. Probationary (permit) letters may be issued by the President or by persons duly authorized by the President to do so. Probationary (permit) workers shall not be given an assignment unless they are current in their prior permit fee obligations to the guild.
Section 10. WITHDRAWAL CARDS. The Secretary-Treasurer shall be authorized to issue withdrawal cards. No application for a withdrawal card shall be granted until all fines, dues and assessments charged against the applicant have been paid in full. Persons holding withdrawal cards shall not violate any of the laws or decisions of the International Union or this Guild. Persons withdrawing their membership by accepting withdrawal cards shall not be entitled to any benefits or permitted to attend meetings or participate in any of the business of the Guild. Withdrawal cards shall not be issued in excess of the time limit of one year to any individual and are not renewable. Any person holding a withdrawal card who returns to active membership in the Guild shall be placed at the bottom of the seniority list (except present Mutuel Managers who are now members). Withdrawal cards shall be signed by the President and the Secretary-Treasurer, and shall bear the seal of the Guild.
A fee of Fifteen ($15.00) Dollars shall accompany each application for a withdrawal card. Neither this fee nor the time limit shall apply to any member entering the Armed Services or defense work.
ARTICLE V
SENIORITY
Section 1. The individual track
roster established as of
Section 2. All members must submit a written application to the union, on an approved form, at least Twenty-Five (25) days in advance of the opening of each race meet at which they wish to work. Each member who fails to submit a timely application as provided above, shall forfeit Seven (7) working days at each meet for which an untimely application has been submitted.
Section 3. All individual track rosters shall be reprinted every Two (2) years for the purpose of deleting the names of retired members, the deceased members and other members not in good standing, unless it is impractical, or unreasonably expensive, and in such cases, the Executive Board may delay the reprinting.
Section 4. In the advancement of employees to higher paid positions, employees with the lowest seniority number shall be advanced provided the Employee is qualified to perform the work in their classification.
Section 5. In the event any member of
this
Section 6. Any member who serves in the Armed Forces of the United States Government shall retain their seniority rights in accordance with the applicable laws of the United States Government.
Section 7. The exact status of every member at each specific track must be governed by the By-Laws, the Collective Bargaining Agreement and such work rules as are from time to time enacted.
Section 8. It shall be the policy of Local 280 that any member starting a meeting must finish said meeting unless dispatched to start another meeting on the basis of seniority and from a position for which a replacement is available.
Section 9. Notwithstanding Article V, Section 2 of the By-Laws of Local 280: Any member who is laid off from a Regular Work List during a race meet through no fault of his own, shall be eligible to go to work at another race meet in progress based on his seniority number provided that he makes application for work at such meet within Three (3) days after being laid off.
Section 10. The
Regular
Weekend/Holiday, Weekend/Holiday Retiree.
All members not on a regular work list must sign in on the day they wish to work.
Members signing in as a Replacement employee shall be given priority over Weekend/Holiday and
Weekend/Holiday Retiree’s providing they have worked One (1) regular shift in that given week.
Section 11. Effective January 2, 1977, all new applicants for membership in the Local Union who are admitted to membership status after January 1, 1977 under Article IV of this Constitution and By-Laws, shall be placed on the Permanent Seniority Roster according to date of issuance of their continuous California Horse Racing Board Pari-Mutuel License. In the event of any ties, the determination of placement on the seniority roster shall be in the chronological order of the issuance of such license.
Section 12. The permanent seniority roster established as
of
ARTICLE VI
OFFICERS
Section 1. The officers of this Guild shall consist of a President, Vice-President/Northern Business Representative, Vice-President/Southern Business Representative, Secretary-Treasurer, Sergeant-At-Arms, and Seven (7) Directors.
Section 2. The President, Vice-Presidents, Secretary-Treasurer and Seven (7) Directors shall constitute the Executive Board.
Section 3.
The term of office of the officers,
for the President, So. Vice-President
and Secretary-Treasurer
shall be for a period of Three (3) years , and until
their successors have been duly installed starting with the General Election of
1977. Beginning with the election of
2004, the term of office for the Northern-Vice-President shall be for a minimum
of one year. The Executive Board, before November 1, 2005 shall re-evaluate
this position and determine whether or not the position is needed, and if so
the hours to be worked.
Section 4. In the event that any Executive Board member fails to attend at least Nine (9) regular Executive Board meetings during any Twelve (12) consecutive month period, except when excused for a bona fide reason, a vacancy for such office shall be declared by the Executive Board and the trial procedure of Article XV herein invoked. Pending trial and appeal, the Executive Board is empowered to temporarily fill such vacancy by appointment, until such time as an election is held in compliance with Article VIII.
Section 5.
Any records of this
Section 6. Any officer or director who violates, evades, causes or permits the violation or evasion of any law or resolution of this Guild shall be deemed to have committed a malfeasance in office and shall be proceeded against in accordance with the provisions of this Constitution.
Section 7. Any officer or director of this Guild found guilty of a malfeasance in office, after a fair trial, as outlined in Article XV, may be removed from office and fined, suspended or expelled.
Section 8. A candidate for office shall be required to be a member in good standing for a period of at least Two (2) years prior to nomination. No person who has been convicted of a felony as defined in Section 504 of the Landrum-Griffin Act (or an indictable offense in Canada) shall, from the date of the judgment of the trial court, or the date of the final sustaining of such judgment on appeal, whichever is the later event, be eligible to hold office in this Local Union for Five (5) years after such conviction or after the end of an imprisonment, whichever is the later.
Section 9. No elected official of this guild may appoint or hire any relative as an official or a representative to serve in any capacity in this guild, without the express consent of the Executive Board.
Section 10. All fully paid officers shall be granted an annual paid vacation of Three (3) weeks, pro-rated for service of less than one year.
Section 11. All fully paid officers shall retain their seniority at all race tracks and during their term of office shall discontinue their services at the various race tracks and devote their full time to serving the Guild.
Section 12. All officers and directors shall, during their term in office, be allowed all reasonable expenses incurred in the course of duty, when accompanied by supporting documentation, and upon approval of the Executive Board.
Section 13. All officers and employees of this Guild shall be bonded in compliance with the Labor Management Reporting and Disclosure Act of 1959, but for not less than One-Hundred Thousand ($100,000.00) Dollars. The premium therefore shall be paid by the Guild.
Section 14. No
person who has been convicted of a felony as defined in Section 504 of the
Landrum-Griffin Act (or an indictable offense in
Section 15. No candidate (including a prospective candidate) for any office in this Local Union or affiliated body or supporter of a candidate may solicit or accept financial support or any other direct or indirect support of any kind from any non-member of the International Union.
Section 16. All officers leaving office must turn over all property of the Guild entrusted to them to their successors in office.
PART " A "
PRESIDENT
In the performance of the duties of President of the Guild, the officeholder shall:
Section 1. Be a member of the Executive Board and its Chairman.
Section 2. Be a member of the Contract Committee and its Chairman.
Section 3. Open, preside over and close all Executive Board, Regular and Special Membership meetings.
Section 4. Conduct all meetings in accordance with the current edition of "Robert's Rules of Order", and in conformance with this Constitution, particularly Article XXII, Section 1.
Section 5. Be an ex-Officio member of all standing and special committees.
Section 6. Be editor of the Guild's newspaper, newsletter and/or column.
Section 7. If temporarily unable to chair any membership meeting, appoint the Northern Vice-President to such duties in the North and the Southern Vice-President to such duties in the South. Any such appointment shall be revoked upon notification that the President is again able to perform such duties.
Section 8. Conduct Executive Board and General Membership meetings monthly, unless the Executive Board waives this requirement.
Section 9. Call a membership meeting within Seven (7) days after being presented with a signed request for a meeting by One-Hundred Fifty (150) members in good standing. Those who sign the request but do not attend the meeting shall be subject to a Fifteen ($15.00) Dollar fine.
Section 10. Sign, together with the Secretary-Treasurer, or a designated Vice-President, as appointed by the Executive Board, all checks or orders for payment of monies from the Guild's accounts.
Section 11. Insure that all officers and subordinate committees properly conduct the affairs and business of this Guild and abide by all rules, regulations, policies, practices and resolutions of this Guild.
Section 12. Periodically visit the establishment of all employers signatory to work agreements with the Guild to verify that all work within the Guild's jurisdiction is protected in accordance with the terms of the agreement.
Section 13. Appoint the Chairman of each standing and special committee, subject to the approval of the Executive Board.
Section 14. Not vote upon any question before the membership or the Executive Board, unless there is a tie vote.
Section 15. Retain the right to vote for any candidate for office or for any resolution offered by ballot.
Section 16. In the absence of the Sergeant-At-Arms from any special or general membership meeting, appoint an acting Sergeant-At-Arms prior to each membership meeting who shall take charge of the door.
Section 17. Be provided with an automobile for use on the business of the Guild, with the appropriate reasonable insurance coverage.
Section 18. Shall receive a salary on the basis of a Five (5) day week, the equivalent of the highest mutuel employee pay scale plus l5%, and shall receive the same percentage base salary increase as provided for the members of Local 280 as stipulated by the contract agreement between Local 280 and member signatures of the racing associations.
Shall not expect or receive any Sunday or other premium pay, Holiday pay or overtime compensation in excess of salaries as stipulated in this Section.
Be
provided with retirement benefits and health and welfare coverage, with
premiums and contributions paid by the
A. The first week the officer shall receive full wages if not eligible for benefits from State Disability or Worker's Compensation.
B. For each succeeding week that the elected officer is off work due to illness or injury, full wages shall be paid less any sum paid by State Disability Insurance or Worker's Compensation.
C. If the officer exhausts State Disability Insurance benefits, full pay shall be continued until a successor has been elected to fill the officer's position.
This section to commence when the newly
elected officer is sworn in after the election in the year 2001.
PART " B "
VICE -
PRESIDENTS
This Guild shall consist of Two (2) Vice-Presidents; A Vice-President/Northern Business Representative and a Vice-President/Southern Business Representative.
In the performance of their duties, the officeholders shall:
Section 1. Reside in or North of the County of Fresno, California, if elected to the office of Vice-President/Northern Business Representative.
Reside South of the County of Fresno, California, if elected to the office of Vice-President/Southern Business Representative.
Section 2. Work under the joint jurisdiction of the President and the Executive Board.
Section 3. Be members of the Executive Board and Contract Negotiating Committee and have equal voting privileges.
Section 4. Enforce and police all contracts and make full and detailed reports to the Executive Board on the status of labor-management relationships.
Section 5. Compile informative data for future negotiations and future contracts.
Section 6. At all times, be subordinate to the Executive Board and the membership.
Section 7. Represent the
Section 8. Attend all pre-race track opening job conferences to represent the Guild's interests and handle any problems that may arise, and prepare all work lists for race meets for which they are responsible.
Section 9. Be present at every race meeting, when possible, and remain there until all regular employees have been put to work and see that all added employees are called according to their seniority number.
Section 10. Be provided with an automobile for use on the business of the Guild, with the appropriate reasonable insurance coverage.
Section 11. Shall receive a salary on the basis of a Five (5) day week, the equivalent of the highest mutuel employee pay scale plus 10%, and shall receive the same percentage base salary increase as provided for the members of Local 280 as stipulated by the contract agreement between Local 280 and member signatures of the racing associations.
Shall not expect or receive any Sunday or other premium pay, Holiday pay or overtime compensation in excess of salaries as stipulated in this Section.
Be
provided with retirement benefits and health and welfare coverage, with
premiums and contributions paid by the
A. The first week the officer shall receive full wages if not eligible for benefits from State Disability or Worker's Compensation.
B. For each succeeding week that the elected officer is off work due to illness or injury, full wages shall be paid less any sum paid by State Disability Insurance or Worker's Compensation.
C. If the officer exhausts State Disability Insurance benefits, full pay shall be continued until a successor has been elected to fill the officer's Position.
This section to commence when the newly
elected officer is sworn in after the election in the year 2001.
SECRETARY-TREASURER
In the performance of the duties of the Secretary-Treasurer, the officeholder shall:
Section 1. Perform all duties related to the office, under the supervision and direction of the President and the Executive Board.
Section 2. Act in the absence of the President and Vice-Presidents on all matters applicable thereto.
Section 3. Attend all meetings of the Executive Board and Membership and keep a permanent record of the transaction of business at such meetings.
Section 4. Maintain a record of all members' names, addresses, seniority status and dues history. Further, he/she shall forward to the International Secretary-Treasurer the correct names and addresses of all its members. Each month, he/she shall submit all changes of address, as well as the names, addresses and Social Security or Social Insurance numbers of all members initiated or re-admitted to membership or of all other persons from whom revenue is derived and of those suspended for non-payment of dues or for other cause, and an accurate list of those who take transfer or withdrawal cards.
The International Union must also be notified of the names and addresses of all officers elected to office within Fifteen (15) days of such election including the proper Zip Code with each address.
Section 5.
Allow any records of this
Section 6. Render any report that may be requested by said officers of the Executive Board.
Section 7. Receive all payments of initiation fees, membership dues, fines, probationary dues, and any and all collections made by the Guild, record such payments and deposit such funds in banks or savings and loan associations as authorized by the Executive Board.
All records of this Local Union pertaining to income, disbursements and financial transactions of any kind whatsoever must be kept for a period of at least Six (6) years or longer if required by applicable law.
Section 8. Sign, together with the President, or a designated Vice-President, as appointed by the Executive Board, all checks or orders for payment of monies from the Guild's accounts.
Section 9. Not pay out any funds of this Guild in excess of One Thousand ($1,000.00) Dollars without the authorization of a majority vote of the members present at a regular membership meeting. The only exceptions being fixed or recurring operational expenses such as rent, utilities, or any form of obligatory taxation required to be paid by the Guild.
Section 10. Furnish to each member in good standing, a copy of the Constitution and By-Laws for their own personal property at no cost.
Section 11. Give bond to all officers and employees of this Guild in compliance with the Labor Management Act of 1959, but not for less than One-Hundred Thousand ($100,000.00) Dollars. The premium therefore shall be paid by the Guild.
Section 12. Shall receive a salary on the basis of a Five (5) day week, the equivalent of the highest mutuel employee pay scale plus 10%, and shall receive the same percentage base salary increase as provided for the members of Local 280 as stipulated by the contract agreement between Local 280 and member signatures of the racing associations.
Shall not expect or receive any Sunday or other premium pay, Holiday pay or overtime compensation in excess of salaries as stipulated in this Section.
Be
provided with retirement benefits and health and welfare coverage, with
premiums and contributions paid by the
A. The first week the officer shall receive full wages if not eligible for benefits from State Disability or Worker's Compensation.
B. For each succeeding week that the elected officer is off work due to illness or injury, full wages shall be paid less any sum paid by State Disability Insurance or Worker's Compensation.
C. If the officer exhausts State Disability Insurance benefits, full pay shall be continued until a successor has been elected to fill the officer's position.
This section to commence when the newly
elected officer is sworn in after the election in the year 2001.
Section 13. The Financial Secretary-Treasurer shall promptly forward to the International Treasurer copies of all annual audit reports and copies of all financial reports setting forth a statement of liabilities and statement of receipts and disbursements which are required by law.
PART " D "
EXECUTIVE BOARD
The Executive Board shall consist of Eleven (11) members as follows:
The President, Vice-President/Northern Business Representative, Vice-President/Southern Business Representative, Secretary-Treasurer and Seven (7) Directors elected as Executive Board members.
In the performance of its duties, the Executive Board shall:
Section 1. Be vested with the authority to see that the affairs and business of the Guild is being properly conducted in accordance with the provisions of the Constitution and resolutions of the membership.
Section 2. Have executive, administrative and judicial authority to oversee the acts of the officers and committees of this Guild in the performance of their duties.
Section 3.
Hold regular board meetings monthly, which shall be alternated, between
Section 4. Be able to request that the President call a special Executive Board meeting within Two (2) days after being presented with a written request, signed by a minimum of Four (4) Board members.
Section 5. Require at least Seven (7) Board members to be present to constitute a quorum. A majority of those present and voting shall be required for all official acts.
Section 6. Have the power to order the payment of all bills customarily paid upon receipt.
Section 7. Require an annual audit by a Certified Public Accounting firm of the books, records and other data or memoranda from all officers, officials and employees who participate in any financial transactions or business of this Guild.
Section 8.
Have the power, subject to law, to make all necessary rules and
regulations for admissions to this Guild. No new applicant shall be admitted to
membership after
Any dispute regarding membership or eligibility for membership shall be submitted by the applicant, in writing, to the Board, within Ten (10) days after notice of a negative decision is received. Failure to comply with this provision shall be deemed a final and binding adjudication of such applicant's rights to membership in the Guild.
Section 9. Supervise all standing committees and all other such committees as are necessary to the administration of the Guild, and shall have discretionary powers in revoking their appointments.
Section 10. Constitute and serve as the Trial Board to hear and determine all charges and grievances in accordance with Article XIX, as hereinafter provided.
Neither the charging party, nor the accused, nor any member directly concerned or involved in any charge or grievance may sit as a member of the Trial Board.
Section 11. Upon notification by the President or Secretary-Treasurer, that he/she is temporarily unable to co-sign Guild checks, designate one of the Vice-Presidents to assume this duty and to continue to do so until notified by the President or Secretary-Treasurer that they are able to resume such duties.
Section 12. Be vested with the power to demand that any
member of the Guild appear, in person, at any Executive Board meeting held in
the geographical area closest to such member's place of employment, or home. If
required to travel from
The refusal of any member to appear at an Executive Board meeting when required to do so, shall be punishable in accordance with the provisions of Article XV.
Section 13. In any matter under reconsideration, require a Two Thirds (2/3) vote to affect or alter the previous question.
Section 14. Not be allowed to vote by proxy.
Section 15. For their services, receive the sum of one
($1.00) dollar per annum
PART "E"
SERGEANT-AT-ARMS
In the performance of the duties of the Sergeant-At-Arms, the Northern office holder and the Southern office holder shall:
Section 1. Have charge of the door at all regular and special membership meetings.
Section 2. Insure that all who enter are members in good standing.
Section 3. See that all members sign-in, and from this information, verify the existence of a quorum.
Section 4. Maintain proper order throughout the proceedings.
Section 5. Be required to serve as the escort for honored guests as requested by the presiding officer.
Section 6. Receive for his/her services, the sum of one ($1.00) dollar per annum.
Section 7. Sergeant-At-Arms, Northern office
holder must reside in
PART "F"
CONTRACT
NEGOTIATORS
The Contract Negotiators of this Guild shall be the President, the Two (2) Vice-Presidents, the Secretary-Treasurer and Two (2) Board members appointed by the Executive Board, one of whom must have a permanent address in or North of the County of Fresno, California and the other a permanent address South of the County of Fresno, California.
This section is not meant to unnecessarily restrict the President who may enlist, appoint or contract for the services of any additional members, officers or other individuals who may help to obtain the best possible contract, Such action, however, shall require the approval of the Executive Board.
In the performance of their duties as Contract Negotiators, the officeholders shall:
Section 1. Negotiate, bargain for and offer to the membership of this Guild, the best possible agreement for their approval.
Section 2. Along with the President and Two (2) Vice-Presidents, jointly sign all contracts.
Section 3. Not enter into any contract, or shall any such contract be deemed binding upon this Guild, until the following conditions are fulfilled:
A. A copy of all changes or amendments to the expiring (or expired) contract must be presented to the Executive Board for their preliminary approval.
B. Upon approval by the Executive Board, it must then be presented to, and ratified by the general membership, at a general membership meeting, both North and South, by secret ballot.
C. It must be approved by a majority of those voting.
D A complete copy of the proposed contract must be made available to the membership in so far as possible at least Seventy Two (72) hours prior to any ratification meeting.
Section 4. The Local Union shall notify the International Union, in writing, when collective bargaining negotiations or memorandums of understanding have been concluded, and the number of employees covered. The Local Union shall send copies of collective bargaining agreements and contracts entered into by the Local Union, after signing, to the Research Department of the International Union.
PART " G "
FIELD BUSINESS
REPRESENTATIVES
Any additional business representatives created due to an increase in tracks such as off-track wagering, increased racing days, and/or any type of Pari-Mutuel wagering, shall be known as Field Business Representatives.
In the performance of their duties as Field Business Representatives, the officeholders shall:
Section 1. Perform their duties under the supervision and direction of the President.
Section 2. Receive a salary, which shall be determined by the Executive Board.
Section 3. Receive automatic wage increases in salary by the same percentage that the members receive in their contract with the racing industry.
Section 4. Be allowed all reasonable expenses, which shall be itemized and approved by the Executive Board.
Section 5. Have no vote on the Executive Board.
ARTICLE VII
GRIEVANCE PROCEDURE
A grievance by any member or members against the Guild, an officer or officers of the Guild or against another member or members of the Guild shall be pursued and processed in the following manner, and in precise conformance to the following steps:
S t e p 1. The grievance shall be submitted, in writing and on an appropriate grievance form to the Grievance Committee in a timely fashion, within Ten (10) days of the alleged violation.
The grievance shall be reviewed by the Grievance Committee, and the findings and recommendations of the committee shall be submitted, in writing, to the Executive Board for its review and disposition.
The resulting decision of the Executive Board review shall, within Ten (10) days, be transmitted in writing to the grievant.
S t e p 2. The grievant, if dissatisfied with the results of Step 1, may, within Thirty (30) days of receipt of the Executive Board review, write the Secretary-Treasurer of the Guild, by registered mail, describing the nature of the dissatisfaction, and request a hearing before the Executive Board.
S t e p 3. The grievant, upon notification of an appointment before the Executive Board may appear and present any further argument or clarifying data in support of the grievance.
The Board will again consider the grievance, render a decision, and within Ten (10) days notify the grievant of the outcome.
S t e p 4. The grievant, if dissatisfied with the outcome of Step 3, may within Fifteen (15) days of notification of the outcome, submit a written appeal to the General President of the Service Employees International Union.
S t e p 5. Should the grievant, upon receipt of an adverse decision from Step 4, wish to appeal the matter further, may within Fifteen (15) days, submit a written request for review and reconsideration to the Executive Board of the Service Employees International Union.
S t e p 6. If, after exhausting Steps 1 through 5 herein, and receiving no satisfaction, the grievant may carry the appeal directly to the floor of the Service Employees International Union General Convention.
The decision of the body of Service Employees International Union General Convention shall constitute the final and binding decision of the Local and International organization.
Any further action is left to the discretion of the grievant; however, no litigation may commence until all internal union remedies have been exhausted.
Attorneys shall not be allowed to participate in hearings conducted before the Executive Board without a showing of extraordinary cause and the expressed consent of the Executive Board.
"Any member who files suit in violation of this provision may, in addition to other penalties, be ordered to reimburse the Guild or other defendants sued for the costs of such action and attorney's fees expended."
ARTICLE VIII
VACANCIES AND APPOINTMENTS
Section 1. Vacancy of any elective position in this Guild shall be considered to exist upon:
Failure of any elective official to attend at least Nine (9) regular Executive Board meetings during each year in office, provided, however, that official Union notice of the meeting is sent to Board Members Seven (7) days in advance of meeting; death of incumbent; resignation of incumbent; removal of the incumbent from office following a trial on charges preferred by an officer or member; by expulsion or suspension of said officer or member of the Board by failure or neglect of such officer to perform any of the duties set forth in this Constitution for a period of Thirty (30) days. If new officers or directorships are created by change of Constitution and By-Laws, or any order, edict or decree, a vacancy shall so exist, provided that the provisions of Article XIX shall be applicable to this paragraph.
Section 2. When such vacancy exists or appears to exist, the Executive Board shall make a determination of fact as to said vacancy:
Should the office of President become permanently vacant, the Executive Board shall convene within Three (3) days, and elect one of the Vice-Presidents to temporarily serve as President, to call a special election within a period not to exceed Ten (10) days, except no special election shall be held within Ninety (90) days of the regularly scheduled election as set forth in Article XV.
Should the office of Vice-President or Secretary-Treasurer become permanently vacant the President shall call for a special election within a period not to exceed Ten (10) days, except no special election shall be held within Ninety (90) days of the regularly scheduled election as set forth in Article XV.
In the event of a vacancy among the Board of Directors, by reason of death, resignation or otherwise, the position will be filled by the first runner up from the most recent election.
ARTICLE IX
MEETINGS
Section 1. There shall be regular meetings at least once a month except when evidence provided by the Local Union shows that it is impractical, unsatisfactory or unreasonably expensive, and in such cases the International President shall establish such conditions relative to the holding of meetings as in his judgment are advisable.
Section 2.
Seventy (70) or more paid-up members shall constitute a quorum. All
continuous meetings must have at least Seventy (70) paid-up members to conduct
any official business. If the second or third part of a continuous meeting has
Seventy (70) or more paid-up members, an official meeting shall be held.
Another meeting will be called within One (1) week by the President to complete
the continuous meeting. Seventy (70) or more paid-up members must be present at
that meeting or it will be considered as completed.
Section 3. No member of this Guild shall be allowed to vote by proxy.
Section 4. A meeting shall be called by the President within Seven (7) days after being presented with a signed request for a meeting by One Hundred Fifty (150) members in good standing. Those who sign the request but do not attend the meeting shall be subject to a Fifteen ($15.00) dollar fine.
ARTICLE X
AFFILIATION
Section 1. This Local Union shall affiliate with the Central Labor Body and the State Federation of Labor, where these exist, and with the appropriate Service Employees Joint Council, Conference, Division or Service Council, as determined by the International Union.
Section 2. There shall be delegates to the International, any and all of its affiliates and or subordinates, Joint Councils, Conference Divisions, Service Councils as well as the Central Labor Body and State Federation of Labor as provided by the Service Employees International Union and Labor Council. The delegates shall be the President, the Two (2) Vice-Presidents and the Secretary Treasurer, and shall serve in the order as listed according to the number of delegates required.
APPROPRIATIONS, EXPENDITURES
AND PROPERTY RIGHTS
Section 1. No appropriation or expenditure shall be made of the funds of this Guild without the approval of a majority vote of the membership present at a regular meeting.
The
Secretary-Treasurer is authorized to establish a petty cash revolving fund of
One Hundred and Fifty ($150.00) dollars to be used to pay bills not exceeding Fifty ($50.00) dollars. Receipts and vouchers must balance
against all checks. Salaries of officers of this
Section 2. Property rights: Membership in this organization shall not vest any member with any right, title or interest in or to the funds, property or other assets of this Union, now owned or possessed, or that may hereafter be acquired, and each member hereby expressly waives any right, title or interest in or to all property, funds and other assets of this Union shall at all times be vested in the Executive Board of this Local Union for the joint use of the membership of this Local Union, but no member shall have any severable proprietary right, title or interest therein.
ARTICLE XII
NOMINATIONS , ELECTIONS,
AND
INSTALLATION OF OFFICERS
Section 1. General Elections shall be held every Three (3) years beginning in 1977, not later than November 15th.
Section 2. Nominees for any office in this Guild shall be nominated from the floor at the first regular membership meeting in October, said meeting to be held not later than October 15th of the election year. Special elections may be held as herein provided. Nominees for any office shall have Five (5) days from time of nomination to notify the Secretary-Treasurer in writing that they are willing to run and will accept the office if so elected. Those
not doing so, will be eliminated from the ballot. The nominators of all candidates for office must file a letter of intent from the nominee and present it to the Secretary-Treasurer before nomination.
Section 3. The Legislative, Rules and Resolutions Committee, shall have charge of all elections. The Chairman of the Legislative, Resolutions and Rules Committee shall see that all guidelines and procedures pertaining to elections are conducted in accordance with the US Department of Labor.
Section 4. Ballots shall be sent by mail
to each member during the fourth week in October and must be returned before
Section 5. All members must vote or be subject to a ten ($10.00) dollar fine.
Section 6. Any vacancy or vacancies occurring during the interim between the regular elections shall be filled by a special election. (See Article XI, Section 2.) The same rules and procedures governing regular elections shall prevail. Note: Any vacancies or new positions created with the adoption of these By-Laws shall not take effect until the general election of 1977.
Section 7. Each candidate for office in this Guild, except the Directors, must receive a majority of the vote cast or the Executive Board will order another ballot for that office within Two (2) days. In the case of the directors, the first Seven (7) members receiving the highest number of votes will b