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Debate

 

DEBATE

Rule 1. When a member wishes the floor, they shall rise and address the Chair, and when recognized by the Chair, they shall state their name and Local Union.

Rule 2. If two (2) or more members rise to speak at the same time, the Chair shall decide which is entitled to the floor.

Rule 3. When speaking, each member shall confine themselves to the questions under debate.

Rule 4. No member shall interrupt another while speaking, except to a point of order, and they shall definitely state the point, and the Chair shall decide the same without debate.

Rule 5. If a member shall feel themselves personally aggrieved by a decision of the Chair, they may appeal to the delegate body for a decision.

Rule 6. If a member is called to order while speaking, they shall take their seat until the point of order has been decided. When and if decided in order, they may proceed.

Rule 7. In the event of an appeal from a decision of the Chair, the Chairperson shall appoint a Vice President to act as Chairperson. The appeal shall then be stated by the Chair to the meeting in these words, "Shall the decision of the Chair be sustained as the decision of this meeting?" The member shall have the right to state the ground of appeal, and the Chair shall give the reason for their decision. Thereupon, the Delegates shall vote upon the appeal without further debate, and it shall require a majority vote to sustain such an appeal.

Rule 8. No member shall speak more than once, nor more than three minutes on the same subject until all members desiring the floor shall have spoken, and not more than twice without a majority consent.

Rule 9. The presiding officer shall not speak on any subject unless they retire from the Chair except on points of order. In case of a tie vote, they shall have the deciding vote.

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General Procedure

 

RULES OF ORDER
General Procedure

Rule 1. The regular order of business may be suspended by a two-thirds (2/3) vote of the meeting at any time, to dispose of anything urgent.

Rule 2. Any conversation by whispering or otherwise, which is calculated to disturb a member while speaking, or hinder the transaction of business, shall be deemed a violation of order.

Rule 3. All questions of a parliamentary nature, not otherwise provided for, shall be decided by Roberts Rules of Order.

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ARTICLE XVI - Oaths

 

ARTICLE XVI
Oaths

Section 1. I, ____________________________________________ do hereby pledge my honor to perform the duties of my office as required by the Constitution of the Council, to bear true and faithful allegiance to the Utility Workers Union of America, to deliver all books, information (including computer stored information), papers and other property of the Council that may be in my possession at the end of my term, to my successor in office, and at all times conduct myself as becomes a member of this Union.

Section 2. Should any officer absent themselves from any regular meeting, and fail to present a valid excuse, their office may be declared vacant, and an election held to fill the unexpired term at the next regular meeting.

[ To MSUWC Home | To Constitution Home | Back to Article XV | Forward to Article XVII ]

ARTICLE XV - Amendments

 

ARTICLE XV
Amendments

Section 1. This Constitution may be amended, provided that proposed amendments are presented to the Council office at least twenty (20) days prior to a regular or special meeting of the Council and that said amendments are sent to the Delegates at least five (5) days in advance of the regular or special meeting at which they will be considered. Upon approval by a two-thirds (2/3) majority of the Council Delegates voting, the amendments become effective upon adjournment of said meeting.

Section 2. Nothing in this Constitution and By-Laws shall be construed to conflict with the Constitution of the Utility Workers Union of America, AFL-CIO.

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ARTICLE XIV - Finances

 

 

ARTICLE XIV
Finances

 

Section 1. (a) The dues of the Local Union Members affiliated with the Utility Workers Union of America, AFL-CIO, and with the Michigan State Utility Workers Council, shall be paid monthly to the National Union in accordance with the Constitution of the Utility Workers Union of America, as outlined in Article VI of said Constitution. The dues paid to the National Union will continue to be adjusted each January in accordance with the National Constitution. However, if the dues to the National Union are increased in any subsequent year, that amount will be absorbed by the Council.  

(b) The Michigan State Utility Workers Council shall maintain a Special Action Fund overseen by the Executive Board.  The purpose of the Special Action Fund shall be to fund special actions on behalf of the membership as identified by the Executive Board and approved by the delegate body.  The Special Action Fund shall be funded as follows:  Monthly, prior to the dues split described in Section 2(a) of this Article, one dollar per member per week of per capita shall be placed in the Special Action Fund.  Funding of the Special Action Fund may be discontinued or recommenced by a majority vote of the Dlegates present and voting at a regular Council Meeting. 

Section 2. (a) The remaining portion of dues collected shall be split on a 50/50 basis between the Local Union and the Michigan State Utility Workers Council, until the Council's liquid assets have increased to above Five Hundred and Fifty Thousand Dollars ($550,000), at which time the split shall become 55/45 in favor of the Local Union and shall remain in effect until the Council's liquid assets fall below Four Hundred and Fifty Thousand Dollars ($450,000), at which time the split shall revert back to 50/50.  Should the Council's liquid assets increase above Six Hundred and Fifty Thousand Dollars ($650,000), the split shall become 60/40 in favor of the Local Union and shall remain in effect until the Council's liquid assets fall below Five Hundred and Fifty Thousand Dollars ($550,000), at which time the split shall revert back to the 55/45 split in favor of the Local Union.  The Council's liquid financial assets shall include money balances in all accounts, checking, savings, money markets, certificates of deposit and investment funds, excluding fixed assets (e.g. property, buildings, inventories and equipment and other non-liquid funds, e.g. PAC, Scholarship, Special Assessment).  The liquid asset amounts eferred to in this section shall be calculated the day after monthly per capita dues are paid.  

(b) The dues to Members of Local Unions affiliated with the Council shall be one and one-quarter percent (1.25%) of that Member's current straight-time hourly wage rate, including Cost of Living Allowance if applicable, times forty (40) hours per week, regardless of the number of straight-time hours that a Member receives in any given week. 

(c) By action of a majority vote of the Delegates at a Regular Council Meeting, a special dues assessment for abnormal or emergency situations may be called for. Any such assessment must be temporary and not excessive as to cause undue financial strain on the Local Union Members affiliated with the Council. Any special assessment may be designated specifically for the Local Unions, the Michigan State Utility Workers Council, or both.

Section 3. If any member or members of any Local or Locals, for any reason whatsoever, are exonerated from payment of dues by the National office of the Utility Workers Union of America in accordance with the Constitution and By-Laws of the National Union, they shall continue to be carried on the books of the Council as members in good standing, with full voice and vote for such period of time as may be determined by the National office of the UWUA, AFL-CIO.

Section 4. New members shall be required to pay an initiation fee not to be more than the maximum set forth in the National Constitution.

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ARTICLE XIII - Strike Action

 

ARTICLE XIII
Strike Action

Section 1. The Council Executive Board shall have the only authority to call a strike against any applicable company with whom it negotiates, and set a strike date for all affiliated Local Unions, provided that a majority of the affiliated Local Union members who voted have authorized such action, and proper approval has been granted by the National Union President.

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Article XII - Meetings

 

ARTICLE XII
Meetings

Section 1. Regular Council meetings will be held on the first Friday and Saturday of January, May and September of each year. The regular order of business will begin on Friday at 7 PM and continue until 9 PM. The meeting will reconvene on Saturday at 8:30 AM to complete the regular order of business. The Executive Board may alter the date by a maximum of fourteen (14) days depending on availability of location and to avoid a conflict with holidays or scheduling of a Utility Worker's Union function attended by a substantial number of Council Delegates.

Section 2. Special meetings may be called by the President or the Executive Board, or upon petition of a majority of the Local Unions in good standing, presented to the President. At least seventy-two (72) hours notice shall be given Delegates of such meeting. The call for a special meeting must state the business to be transacted, and no other business shall be transacted than that for which the meeting was called.

Section 3. Twenty-nine (29) Delegates from at least ten (10) Local Unions shall constitute a quorum.

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ARTICLE XI - Duties of Committees and Trustees Appointed or Elected

 

ARTICLE XI
Duties of Committees and Trustees
(Appointed or Elected)

Section 1. The Credentials Committee's duties are to call for the Credentials of Delegates, and shall have referred to them any question involving the right of any Delegate to be seated and act as tellers for all voting conducted during the Council meetings.

Section 2. The Board of Trustees shall audit the books and accounts of the Secretary-Treasurer every four (4) months so a report can be presented at the Regular Council Meeting(s) in January, May and September.

Section 3. The Constitution Committee shall study and present all proposed changes of the Constitution and By-Laws. The Council chairperson may refer to the committee for interpretation or clarification of the Constitution.

Section 4. The Organizing Committee shall investigate information obtained from individuals who contact the Council Officers and/or a Local Union chartered by UWUA, AFL-CIO which is affiliated with the Michigan State Utility Workers Council.

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ARTICLE X - Committees

 

ARTICLE X
Committees

Section 1. The President shall appoint the members of all standing committees, which shall be composed of three (3) or more Delegates, subject to the approval of the Council. The members of all committees will choose their own chairperson.

Section 2. The standing committees are as follows:

(1) Credentials Committee
(2) Constitution Committee
(3) Organizing Committee

Section 3. Special committees may be appointed by the President or elected by the Council as needed, and shall report at the next meeting, unless otherwise requested. The terms of all committee appointees (special and standing committees) shall expire simultaneously with that of the Council President.

Section 4. Delegates serving on standing or appointed committees shall be paid one-half (1/2) of their necessary expenses and lost time wages, while attending all Regular or Special Council Meetings, where their services are required.

[ To MSUWC Home | To Constitution Home | Back to Article IX | Forward to Article XI ]

ARTICLE IX - Charges and Trials

 

ARTICLE IX
Charges and Trials

Section 1. Any Delegate or Officer may prefer charges against an Officer or Trustee by filing two copies of the charges with the Council Executive Board. These Charges must be signed by the person preferring the charges and must set forth the specific violation or wrong charged and the date on which it allegedly occurred. Any charges must contain a brief statement of the facts upon which the charges are based and must be sufficiently specific to permit the charged party to prepare a proper defense.

Section 2. Any charges must be filed within sixty (60) days of the time the complainant becomes aware, or reasonably should have become aware, of the alleged offense.

Section 3. A written copy of the charges must be forwarded to the charged party, to his/her last known address, by Certified Mail within seventy-two (72) hours after the charges have been filed.

Section 4. The charges will be read, but not discussed, at the next Regular or Special Council Meeting. Five (5) members then will be chosen from the Delegates to serve as a Trial Committee. The presiding Officer will first ask for volunteers from the Delegates. The names of the volunteers will be written on slips of paper and placed in a container. A Trustee or member of the Constitution Committee shall select five (5) of the names from the container who shall serve as the Trial Committee, provided that there shall not be more than one member of the Trial Committee from a Local Union. If there are not five (5) volunteers, the presiding Officer will appoint enough Delegates to the Trial Committee to total five (5). One alternate will be picked and will be used to fill any committee vacancy at any time prior to the commencement of formal hearings but not after. If the charges are made against the presiding Officer, he will step down and the Executive Vice President will handle these proceedings. If the Executive Vice President and/or other Officers or Trustees are charged, the next senior Officer will handle the proceedings. If all Officers and/or Trustees are charged, the Constitution Committee will pick a Delegate to handle the proceedings. Neither the complainant, nor the charged party, nor Delegate of the complainant's or charged party's local may be a member of the Trial Committee.

Section 5. The complainant and the charged party shall promptly be notified of the members appointed to the Trial Committee. The complainant also shall be notified to forward immediately to the Trial Committee any evidence, including written statements and exhibits, that they have supporting the charges. Before the convening of the first meeting of the Trial Committee, either side may ask that a particular Trial Committee member be disqualified if a side believes that they cannot receive a fair trial before that Trial Committee member. The Trial Committee shall decide the question by majority vote at its first meeting with the member whose disqualification is sought not voting. The decision of the Trial Committee on this issue shall be final.

Section 6. The Trial Committee shall convene and shall choose its own chairman, who shall have full voting rights. It first shall review the charges. If the Trial Committee determines that the charges, in whole or in part, have not been properly or timely filed, do not state an offense for which an Officer or Trustee may be charged, or have not been supported by the evidence provided by the complainant, it shall render a report dismissing those portions of the charges, which shall be submitted to a Special Council Meeting in accordance with the procedures set forth in Section 17 of this Article.

Section 7. If the Trial Committee, upon examining the evidence provided by the complainant concerning the remaining portion of the charges, finds there is sufficient evidence to warrant a trial, the complainant and charged party shall be notified by Certified Mail when a formal hearing will take place before the Trial Committee. The charged party shall be given a minimum of thirty (30) days to respond to the Trial Committee. The Trial Committee may in its sole discretion grant a reasonable delay to the charged party or complainant when it feels the facts or circumstances warrant such action.

Section 8. With the exception of the charged party, only members of the Utility Workers Union of America may attend the proceedings of the Trial Committee.

Section 9. The formal hearings of the Trial Committee shall be tape-recorded and a copy of the tape shall be available, upon payment of the cost of duplication, to the complainant or to the charged party.

Section 10. The charged party may defend theirself or may choose to be represented by one (1) member in good standing of the Utility Workers Union of America. Private counsel may be present outside of the hearing room. The Trial Committee may, at the Union's expense, be represented by the General Counsel of the Union, who may also be present outside of the hearing room.

Section 11. If the charged party deliberately absents himself/herself from a scheduled hearing without being excused by the Trial Committee, the Trial Committee may proceed as if they were present. If the Complainant deliberately absents himself/herself from a scheduled hearing without being excused by the Trial Committee, the Trial Committee shall forthwith dismiss the charges.

Section 12. The complainant and the charged party shall have a fair and impartial hearing and shall have the right to make an opening statement, to be present throughout the hearing, to offer testimony and evidence, to confront and cross-examine witnesses, and to make a closing statement. The complainant shall proceed first and shall have the burden of proving the charges by a preponderance of the evidence. There shall be a presumption of innocence in favor of the charged party.

Section 13. All questions of order, procedure, and admissibility of evidence shall be decided by the Trial Committee and shall be final.

Section 14. All Trial Committee members are expected to be present at all hearings. Notwithstanding the above, the Trial Committee may meet and conduct hearings and other business, deliberate, and issue its final report, if a majority of its members are present.

Section 15. Any properly selected member of the Trial Committee may continue to serve as a member of that Committee until the conclusion of its proceedings, so long as they remain a member in good standing of the Utility Workers Union of America.

Section 16. If a member of the Trial Committee resigns from the Committee, retires, or otherwise ceases to be a member of the Utility Workers Union of America, they shall not be replaced after the commencement of formal hearings and the remaining members of the Committee shall continue any proceedings on the pending charges so long as at least three (3) members remain on the Trial Committee.

Section 17. Within thirty (30) days of the conclusion of the hearings, the Trial Committee shall prepare a written report and submit it to a Special Council Meeting with its recommendations on the guilt or innocence of the accused on each charge and its recommendations for penalties, if any. At the meeting, Delegates shall be permitted to speak first and thereafter all other members will be permitted to speak in accordance with Article XVII, Rule 8. The charged party and complainant shall be accorded full opportunity to present their position on all matters bearing upon the trial and the report and recommendations of the Trial Committee.

Section 18. The report and recommendations of the Trial Committee on each charge shall become effective only upon approval by a majority vote of the Delegates present and voting at the Special Council Meeting. If the report and recommendation of the Trial Committee on a charge is rejected, no further action will be taken on that charge. There can be no per capita or referendum vote on the report and recommendations, under Article IV, Section 6.

Section 19. A report of the Delegates' decision shall be forwarded immediately by Certified Mail to the charged party, the National Office, and the complainant.

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