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.

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.

Section 1. The Executive Board shall consist of the President, Executive Vice President, Secretary-Treasurer, and four (4) Vice Presidents. The Executive Board shall meet at least once every month, and more often when conditions warrant. Executive Board meetings shall be held at such time and place as the President may direct, and notice shall be given to the Executive Board Members through the Secretary-Treasurer, at least seventy-two (72) hours prior to the meeting, except in emergencies. Special Board Meetings may be called by the President or by petition of four (4) Officers upon forty-eight (48) hours notice and must state the reason for the Special Meeting at which no other business may come up. Four (4) members of the Executive Board shall constitute a quorum.

Section 2. The Executive Board shall constitute the highest authority of the Council between meetings, and shall have general supervision of the affairs of the Council. The Executive Board shall see that the decisions of the Council Meetings are carried out, that the President, Executive Vice President and Secretary-Treasurer are properly bonded, and between regular meetings shall make decisions on affairs and business of the Council not inconsistent with this Constitution. The Executive Board shall be the body of the highest authority for the affiliated Local Unions in negotiating agreements and settling grievances with the companies it has signed agreements with, for recommending organizational campaigns and for recommending activities in the Council.

(a) The Secretary-Treasurer of the Council shall notify the applicable company at least sixty (60) days in advance notice of the expiration of the contract to enter into negotiations, along with notifying the Federal Mediation Conciliation Service (FMCS), and the State Mediation Agency. The Council shall submit a copy of the proposed contract changes to be negotiated with the applicable company, to each Local Union at the time negotiations open.

(b) The Executive Board shall set a retroactive date on all contract negotiations it conducts.

(c) The Executive Board shall sign all supplements and agreements, with the applicable companies, subject to ratification of the affected Local Union(s) Membership.

(d) Ratification elections shall be conducted in the following manner, and shall be subject to the following conditions.

(1) When an agreement with the applicable company is signed by the Executive Board, the Local Union Presidents shall be notified within twenty-four (24) hours, and a copy of the negotiated changes shall be mailed to each Local Union within fourteen (14) days.

(2) Each Local Union affected shall then call a meeting, or meetings, for the purpose of explaining the negotiated changes to its members and an Executive Board Member shall attend at least one (1) such meeting in each affected Local Union, if requested. The affected membership, if already out on strike, will remain out until such time as they have had an opportunity to vote on returning to work.

(3) After members have been given an opportunity to learn of the negotiated changes in their Working Agreement, an honest and democratic ratification election, by secret ballot, shall be conducted by the affected Local Union(s), in which each member in good standing shall be entitled to one (1) vote. Such election shall be completed as soon as possible after receipt of the Agreement, not to exceed thirty (30) days. The Local Union President shall, within twenty-four (24) hours after the ratification election, certify to the Council Executive Board the official results, giving the actual number of votes cast for ratification and the actual number of votes cast against ratification and the President shall at the same time certify that the election was conducted in the manner stated above. The President shall also retain the ballots for thirty (30) days, and in the event any election is disputed, shall present them to a committee appointed by the President of the Council for a recount and an investigation.

(4) The result of each ratification election, as certified by each Local Union President, shall be tabulated in the Council office and the outcome of a ratification election shall be determined by a majority of the actual votes cast by the members of the affected Local(s). The official tabulation shall be made known to the affected Local Union(s) as soon as possible. Any Local Union failing to make notification to the Council Executive Board within the specified time will be considered as not voting on the ratification, and no votes will be recorded from that Local Union. The President of the Council shall notify the President of each affected Local Union(s), as soon as possible, of the final outcome of the ratification election.

(5) The President of the Council shall immediately thereafter notify the applicable company as to whether the agreement has been ratified, and if not, shall request further negotiations.

Section 3. Any proposed change in the Job Manual or the evaluation of jobs, or any agreement or interpretation of any part of the Contract which becomes binding on any of the members of the Union, must be approved by the Executive Board assembled in meeting before official acceptance may be given to the company by the President of the Council.

Section 4. The Executive Board shall be represented at all National Conventions of the Utility Workers Union of America, all Michigan State AFL-CIO Conventions, and the various Region and National Conferences of the Utility Workers Union of America, as delegates or representatives or visitors from their respective locals. The number of Board Members attending and their allowable expenses and wages will be determined by the Executive Board. The President, or the President's representative shall be considered an automatic delegate to such functions.

Section 5. The Executive Board shall be responsible for the administration of the Council office, including, but not limited to, the authorization of necessary repairs, maintenance of all equipment and properties, new purchases when conditions warrant, which may include entering into leases, contracts, and assorted agreements, and for the working conditions and hours of employment and staffing of Council employees.

Section 1. The annual salary of the President shall be equal to the annual base salary of the highest occupied labor grade, within the Council, including COLA (if applicable), plus twenty percent (20%).  The annual salary of the Executive Vice President shall be set at an amount equal to $4,000 less than that of the President.  The annual salary of the Secretary-Treasurer shall be set at an amount equal to $2,000 less than that of the President.

Salaries shall be adjusted annually on January 1, in accordance with the following formula:

PRESIDENT'S ANNUAL SALARY - $4000 = EXECUTIVE VICE PRESIDENT SALARY

PRESIDENT'S ANNUAL SALARY - $2000 = SECRETARY-TREASURER SALARY

The standard rate and COLA used in this formula will be those in effect on December 31 in the year immediately preceding the January 1 adjustment.

All salaries shall be reviewed and approved by the Delegates at the Regular January Council Meeting.

The full-time Officers shall be provided 401K matching by the Council equal to at least 60% of the first 6% of voluntary contributions made by the Officer, but not less than that provided for within their respective Working Agreement.

Section 2. In addition to the foregoing salary (Article VII, Section 1), the President, Executive Vice President and the Secretary-Treasurer shall be furnished an automobile and credit card(s) to transact Union business, including commuting to the Council office. The Officers of the Council who are eligible to have an automobile furnished, may at their option, use their own vehicle and receive a monthly allowance of $350.00, plus twelve cents (12¢) per mile for miles driven in the performance of Council business. Executive Board Members shall be reimbursed for all necessary expenses incurred in the performance of their duties.

Any member of a Local Union affiliated with the Council, including any of the four (4) Vice Presidents, who is called upon to transact business on behalf of the Michigan State Utility Workers Council, shall be reimbursed for all expenses and loss of wages at the rates established in the then current Working Agreement. Loss of wages, for purposes of this section, shall be limited to the member's regular straight time rate per day.

The allowances and rates of reimbursement provided for in this section may be adjusted periodically by action of the Executive Board, subject to Delegate approval.

Section 3. The four (4) Vice Presidents shall receive, in addition to the provisions set forth in Article VII, Section 2, $750.00 per month to compensate for miscellaneous expenses and provide a stipend for service to the Council. This allowance may be adjusted periodically by action of the Executive Board, subject to Delegate approval.

Section 4. Each of the full-time Officers of the Council shall be entitled to the same benefit structure as negotiated in their respective Working Agreement, as in regards to such things as holidays, vacation, sick leave, medical appointments, paid absence days, funerals, etc. It is further understood that years of service for the calculation of benefit entitlements will include years as a member including time served as a full-time Council Officer.

Section 1. The President shall be the Chief Executive Officer of the Council, and shall preside at all meetings of the Council, and of the Executive Board. The President shall, to the best of their ability, carry out the decisions of the Council, and protect and promote its best interests at all times. The President shall devote full time to the duties of their office, and shall be responsible for providing adequate service to all Local Unions affiliated with the Council. The President shall coordinate the work, and be the ex-officio member of all committees, and shall appoint all committees not otherwise provided for. The President shall sign all official documents when satisfied they are correct, and perform other duties that may pertain to their office.

Section 2. The Secretary-Treasurer shall act as the Financial Officer, and the Executive Secretary of the Council. The Secretary-Treasurer shall keep a true record of all meetings of the Council, and furnish copies to all affiliated Local Unions. The Secretary-Treasurer shall have charge of and preserve all books, documents, records and effects of the Council. The Secretary-Treasurer shall be responsible for the maintenance of financial books and records, and receipt of all funds due the Council, and shall deposit all funds of the Council in a bank approved by the Executive Board, in the name of the Council. The Secretary-Treasurer shall pay all legitimate bills, current expenses and authorize disbursements of the Council by checks, signed by any two (2) of the full-time Officers, and shall furnish a Certified Public Accountant's report of the financial records to the Executive Board once each year. The Secretary-Treasurer shall report any delinquencies in the payment of per capita to the Executive Board. The Secretary-Treasurer shall keep copies of all important correspondence sent out and received, and perform such other duties as may be assigned to pertain to this office. The Secretary-Treasurer shall serve as President in the absence of the President and the Executive Vice President.

Section 3. The Executive Vice President of the Council shall serve as a member of the Executive Board, servicing Local Unions and attend Local Union meetings, as requested. The Executive Vice President shall serve as President in the absence of the President.

Section 4. The four (4) Vice Presidents shall serve as members of the Executive Board, servicing Local Unions and attend Local Union meetings as requested.

Section 5. The President, Executive Vice President, and Secretary-Treasurer shall be full-time employees of the Michigan State Utility Workers Council.

Section 1. The Officers of the Council shall be one (1) President, one (1) Secretary-Treasurer, and one (1) Executive Vice President, and four (4) Vice Presidents. Only members in good standing of an affiliated Local Union, for one (1) year or more, shall be eligible to hold office in the Council. The term of office to which these Officers are elected shall be three (3) years, following the Regular January Council Meeting.

Section 2. Election of Officers and Trustees shall be held at the Regular Council Meeting in January, except as otherwise provided for herein. Only members in good standing of an affiliated Local Union, for one (1) year or more, shall be eligible to hold office in the Council or as a Trustee of the Council.

(a) The Board of Trustees, composed of three (3) members, shall be elected by secret ballot. At the December 2, 1978 election and at each January thereafter, there will be an election of one (1) Trustee for a three (3) year term. Should a vacancy occur in the Board of Trustees, the Executive Board shall elect one of the members of an affiliated Local Union who would have been eligible for election to office at the last regular meeting of the Council, to fill the vacancy pro tem until the next regular scheduled election of Trustees.

Section 3. The nominations shall take place at the Regular September Council Meeting preceding the January election, except as otherwise provided for herein.

Section 4. No more than two (2) members of any Local Union may serve as an Officer of the Council at one time.

Section 5. The election of Officers in the Council shall be by secret ballot, and it shall require a majority vote of the accepted ballots to elect. Each position shall be nominated and voted upon separately. In the event no candidate receives a majority vote on the first ballot, there shall be a run-off election between the nominees receiving the first and second highest number of votes on the first ballot. In the event of a tie vote on a run-off ballot, there shall be additional balloting until one candidate receives a majority vote.

Section 6. The Credentials Committee shall act as tellers to prepare the ballots, and see that the votes are properly counted, and to safeguard the honesty of the vote. If any member of the Credentials Committee is a candidate for any elected position, the Chairman shall appoint another Delegate who is not a candidate to replace them.

Section 7. Should a vacancy occur in any office of the Executive Board, other than President, the remaining members of the Executive Board shall elect one of the members of an affiliated Local Union, who would have been eligible for election to office at the last regular meeting of the Council, to fill the vacancy pro tem until the next regularly scheduled election of Officers, except that it shall not be necessary to fill such a vacancy when less than sixty (60) days remain to such scheduled election(s). Any Officers elected pro tem shall have only such powers as shall be delegated by the Executive Board. In no case, shall the pro tem office exist beyond one (1) year.

(a) Should the office of the President become vacant, the Executive Vice President shall act in the capacity of President until the next regular Council Meeting.

Section 8. At the expiration of a term of office by termination or otherwise, of any Officer of the Council, they shall immediately turn over to their successor all money, property, papers, records, and books of the Council.

Section 9. Any Michigan State Utility Workers Council UWUA Officer elected or appointed, Council Trustee, or member of any Council committee elected or appointed that accepts a supervisory position, temporary or otherwise, upon accepting same, their Council office or position is automatically terminated.

Section 1. This Council shall be composed of three (3) Delegates from each of the affiliated Local Unions. Each Local Union shall notify the Council Executive Board of the names of their duly elected Delegates and Alternates prior to the beginning of the Council Meeting.

Section 2. Only members in good standing in their Local Union who are properly certified, shall be seated as Delegates at meetings of the Council.

(a) Only seated Delegates shall be allowed to vote.

(b) The voting power of a seated Delegate may be transferred to a Delegate(s) and/or Alternate Delegate of their local after proper notification to the Credentials Committee and prior to the commencement of a vote.

Section 3. The voting power of each Delegate shall be determined by the number of members on which per capita was paid in the previous official per capita report to the Secretary-Treasurer of the Council, divided by the number of Delegates attending from their Local.

Section 4. The Officers of the Council who are not Delegates shall be seated at all meetings of the Council and shall have a voice, but no vote in the meetings, except that the Council President shall have the right to vote in the event of a tie. They shall also be eligible for nomination and election to office.

Section 5. Only duly elected Delegates, who have been certified to the Council, as provided in Article IV, Section 1, shall be eligible to serve on Standing Committees of the Council.

Section 6. All Delegates present at a meeting of the Council shall be entitled to equal voice and vote in the meetings, unless a per capita vote is called for by any Delegate. Each Delegate will vote the total number of members in their Local, divided by the number of Delegates of their Local attending the Council Meeting. In order to preserve the democratic rights of the members, any action of a Council Meeting shall be referred to a referendum vote of the Local Unions' members, if requested by either a majority of the Delegates representing a minority of the membership, or by a minority of the Delegates representing a majority of the membership. Such a request may be submitted orally to the Chairman by the Delegates before adjournment of the meeting, or by signed petition to the President of the Council within seventy-two (72) hours after adjournment of the meeting. When a referendum is requested on any question, the President shall notify all affiliated Local Unions within seven (7) days, stating the question on which the referendum vote is to be taken. Within twenty (20) days thereafter, each Local Union shall submit the question to a vote of its membership, and notify the Council Executive Board of the actual number of votes for and against. These votes shall be totaled and a majority vote shall rule. Any Local Union not reporting within the specified time limit shall be recorded as not voting.

Section 1. The object of the Council shall be to unite in one organization regardless of race, creed, color, sex or national origin, all members coming under the jurisdiction of the Local Unions affiliated with the Council, through united action, to protect, maintain, and advance the interests and welfare of all members of the affiliated Local Unions.

Section 1. The Council shall be composed of these Local Unions

chartered by UWUA, AFL-CIO, comprising employees of various companies.

Section 2. The majority membership of the Council shall be employees of Consumers Energy and its successors and assigns and other than Consumers Energy and its successors and assigns, members must be approved by the majority of the Council. Membership in the Council shall also include those representatives on leave of absence, as indicated by each Local Union to perform Union duties.

Section 3. Any words relating to "he, she, his, or hers", hereafter, shall be considered generic use of "they".

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Section 1. This organization shall be known as the Michigan State Utility Workers Council, hereinafter referred to as the Council.

Section 2. The Council shall be affiliated with the Utility Workers Union of America, AFL-CIO, in accordance with the Charter granted by the Utility Workers Union of America, AFL-CIO, and with the Michigan State AFL-CIO.