We, the Michigan State Utility Workers Council, believing it to be our advantage to have a more perfect alliance of our Local Unions, for the promotion of the welfare of our members;

Also believing it to be right and just for men and women to unite in purpose and action, to help those who are less fortunate, to increase the benefits as are inherent in a free society dedicated to the principle of free enterprise;

Sincerely urge all Local Unions to take an active and aggressive part in this Council.

We pledge ourselves to the democratic principles as set forth in this Constitution.

We, the Michigan State Utility Workers Council, believing it to be our advantage to have a more perfect alliance of our Local Unions, for the promotion of the welfare of our members;

Also believing it to be right and just for men and women to unite in purpose and action, to help those who are less fortunate, to increase the benefits as are inherent in a free society dedicated to the principle of free enterprise;

Sincerely urge all Local Unions to take an active and aggressive part in this Council.

We pledge ourselves to the democratic principles as set forth in this Constitution.

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.

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".

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. 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 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 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. 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 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'S SALARY

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

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.

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 referred 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.

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.

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.

1. Roll Call of Officers
2. Report of Credentials Committee
3. Reading of the Minutes of the previous meeting
4. Reading of Communications
5. Financial Report
6. Committees' Reports
7. Unfinished Business
8. New Business
9. Nomination, election, and obligation of Officers
10. Good and Welfare
11. Adjournment

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.

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.

Rule 1. A motion to be entertained by the presiding officer must be seconded, and the mover as well as the seconder must rise and be recognized by the Chair, stating names and Local Unions.

Rule 2. Resolutions, resignations, and motions shall be submitted in writing if so requested by the Secretary-Treasurer.

Rule 3. In presenting a motion, a brief statement of its object may be made, but no discussion on its merits shall be permitted until the question has been stated by the Chair.

Rule 4. Any member having made a motion can withdraw it with the consent of their seconder, but a motion once debated, cannot be withdrawn, except by unanimous consent or by a majority vote for a motion authorizing withdrawal.

Rule 5. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. Any amendment may not be directly contrary to the original motion.

Rule 6. Any member may call for a division of a question when the subject admits thereof.

Rule 7. When a question has been decided, it can be reconsidered only by a majority vote of those members present.

Rule 8. A motion to reconsider must be made and seconded by two members who voted with the majority.

Rule 9. All questions, unless otherwise provided, shall be decided as a majority vote shall direct.

Rule 1. When a question is before the meeting, no motion shall be in order except:

1. To adjourn
2. To lay on the table
3. For the previous question
4. To postpone to a given time
5. To refer or commit
6. To amend
7. To substitute

Rule 2. The following motions are not debatable:

1. To adjourn
2. To lay on the table
3. For the previous question

Rule 3. If a question has been amended, the question on the amendment shall be put first, if more than one amendment has been offered, the question shall then be put as follows:

1. Amendment to the Amendment
2. Amendment
3. Original proposition

Rule 4. A motion to adjourn shall always be in order, except:

1. When a member has the floor
2. When members are voting

Rule 5. When a question has been postponed indefinitely, it shall not come up again, except by a majority vote.

Rule 1. Before putting a question to the vote, the presiding officers shall ask, "Are you ready for the question?" Then it shall be open for debate. If no member rises to speak, the presiding officer shall then put the question, and after the vote is taken, they shall immediately announce the results.

Rule 2. When the presiding officer has commenced taking the vote, no further debate nor remarks shall be allowed, unless a mistake has been made, in which case, the mistake shall be rectified, and the presiding officer shall recommence taking the vote.

Rule 3. Before the presiding officer declares a vote on a question, any member may ask for a "Division of the House" and the Chair is then duty bound to comply with the request, and a standing vote shall be taken.

Adopted in April, 1937
Revised April, 1944
Revised April, 1949
Revised August, 1952
Revised April, 1953
Revised December, 1955
Revised December, 1958
Revised June, 1959
Revised August, 1960
Revised August, 1964
Revised November, 1966
Revised January, 1973
Revised December, 1975
Revised June, 1981
Revised August, 1985
Revised January, 1988
Revised August, 1991
Revised August, 1994
Revised May, 1995
Revised January, 1996
Revised August, 1996
Revised January, 1997
Revised August, 1997
Revised January, 1998
Revised May, 1999
Revised August, 2000
Revised January, 2002
Revised August, 2002
Revised August, 2003
Revised May, 2004
Revised January, 2005
Revised May, 2005
Revised September, 2005
Revised September, 2009
Revised October, 2009
Revised May, 2011
Revised September, 2011

Contacting your members of Congress is easy, and it's the best way to get the message across to our federal lawmakers. Below is a complete listing of Michigan's members of Congress by district.

Plan on making three contacts with your lawmakers: one to the member of the House of Representatives, and one each to both of Michigan's two U.S. Senators, Carl Levin and Debbie Stabenow, who each represent the entire state. All U.S. House Members may be reached at the following address: The Honorable ______________, United States House of Represntatives, Washington DC 20515. Letters to Sens. Levin and Stabenow should be sent to The Honorable _________________, United States Senate, Washington DC 20510.

Here are lawmaker telephone e-mail and fax numbers:

At the April 30, 2004 Council Meeting, the recipients of the 2004 Marshall M. Hicks Memorial Scholarship were honored and presented with their scholarships. This year's recipients were Seth Gray, son of Steve (Local 261-Greenville) and Patti Gray; and Kelli McCarrell, daughter of Barry (Local 101-Jackson) and Sherri McCarrell.

The Council wishes to congratulate Seth and Kelli on their achievements, and wish them well in the future.

At the May 2, 2003 Council Meeting was the annual announcement of the Marshall M. Hicks Memorial Scholarship recipients. This year's recipients were Matthew L. Plaska, son of Michael (Local 107-Grand Rapids) and Sharon Plaska; and Jennifer K. Clayton, daughter of Randall (Local 154-Cadillac) and Kimberley Clayton.

The Council wishes to congratulate them on their achievements so far, and wish them well in the future.

Photos from the May 2003 Council Meeting:

From left to right: Kimberley Clayton, Randall Clayton (Local 154-Cadillac), and 2003 Hicks Scholarship recipient Jennifer Clayton

From left to right: 2003 Hicks Scholarship recipient Matthew Plaska, Sharon Plaska, and Michael Plaska (Local 107-Grand Rapids)

The scholarship recipients and their proud parents

Matthew L. Plaska	Jennifer K. Clayton

At the May 3-4, 2002 Council Meeting was the annual announcement of the Marshall M. Hicks Memorial Scholarship recipients. This year's recipients were Patrick Rinckey, son of Suzanne and Russell Rinckey (Local 347-Traverse City); and Tracy VanAlst, daughter of Charlene and Lambert VanAlst (Local 119-Flint).

The Council wishes to congratulate them on their achievements so far, and wish them well in the future.

Tracy VanAlst	Patrick Rinckey
Russell (Local 347-Traverse City) and Suzanne Rinckey with their son Patrick	Patrick Rinckey is congratulated by National Secretary-Treasurer Gary Ruffner
Lambert VanAlst (Local 119-Flint/Howell) accepts the scholarship for his daughter Tracy.

At the May 4-5, 2001 Council Meeting was the annual announcement of the Marshall M. Hicks Memorial Scholarship recipients. This year's recipients were Shelby Johnson, daughter of Ronnie and Wayne Johnson (Local 388-Campbell); and Arin Terrian, daughter of Randy Terrian (Local 564-MCV).

The Council wishes to congratulate them on their achievements so far, and wish them well in the future.

Arin and Randy Terrian	Ronnie, Wayne, and Shelby Johnson
Arin gives her thanks with Council President Jim Reilly looking on	Shelby thanks the Council
Shelby and Arin	Council President Jim Reilly congratulates this year's scholarship recipients
Shelby Johnson (center) with parents Ronnie and Wayne Johnson	Arin Terrian with her father Randy Terrian

At the May 5-6, 2000 Council Meeting, the Michigan State Utility Workers Council announced the latest recipients of the Marshall M. Hicks Memorial Scholarship - Joshua Hughes, son of Elizabeth Smith (Local 144-Bay City); and Lyndsay Ruell, daughter of Fred Ruell (Local 150-Kalamazoo).

The Council congratulates them both for their accomplishments inside and outside of class, and hope that they will do more great things in the years to come.

(from left to right) Lyndsay and Fred Ruell; Joshua Hughes and Elizabeth Smith	National Secretary-Treasurer Gary Ruffner congratulates this year's Hicks Scholarship recipients (Council President Jim Reilly is behind Gary, waiting his turn)
Lyndsay thanks the Council	Lyndsay Ruell with her father Fred
(from left to right) National Secretary-Treasurer Gary Ruffner, Fred Ruell, Lyndsay Ruell, Council President Jim Reilly	Local 150 President Tom Stevenson shares in Lyndsay's big day

	Marshall Hicks Memorial Scholarships  1999
Levi Bakker, recipient School Recommendation Essay		Nathan Groff, recipient School Recommendation, Essay

Council President Gary Ruffner opened the ceremonies by informing the delegation in attendance that it was a great pleasure to honor our union families on the evening of scholarship presentations. It was one of the great opportunities we have to honor all of our union families and their children. He first honored the memory of Marshall Hicks in whose name the Scholarships were given. The Scholarship program was explained and how Merit Scholarship, a national non-profit organization selects the recipients based upon merit. He informed the delegation in attendance that we were there to honor the memory of Marshall Hicks, whose life was cut short by cancer and what a fine man he was and that he always believed in education. Marshall Hicks was always there whenever needed and it was a great honor to have the scholarship program named after him. Marshall Hicks was from one of our own locals, Local 258, a former Council President, Secretary-Treasurer and President of the National Union. He was a great unionist who always put the members first - even ahead of his health. We can all be proud of the scholarships that we present in his name and be proud of the fine young recipients of this great honor. These are the third and fourth scholarships awarded and the first two were presented to two fine young women last year by Mrs. Marge Hicks, wife of the late Marshall Hicks.
President Ruffner read the recommendations and then had each recipient read their essay before presenting the scholarships to each recipient. The recipients were honored for their accomplishments, and we also honored the parents for their great direction and guidance which resulted in the fine young and accomplished recipients. It was a wonderful celebration where the delegation applauded the recipients and their parents, followed by a reception where the delegation was able to personally congratulate and speak with the parents and recipients. The Council and delegates are proud to have such a program for all members of the Michigan State Utility Workers council.

Nathan Groff, Scolarship recipient and Council President Gary Ruffner	Nathan and his parents, Kathy and Gary

Levi Bakker and his parents Karen and Jeffy	Levi and the brothers he loves and cares for so much; left to right: Levi, Ezra, Tick, Karen, Marshall, Jeffy, Zach

School Recommendation ~ Levi Bakker

I am writing this letter on behalf of Mr. Levi D. Bakker for the purpose of my full recommendation for scholarship consideration. Let me state that I consider this an honor to have the opportunity to expound on this young man's abilities and attributes. I have known Levi's family for approximately three years and I hope that I will have the opportunity to compose similar letters like this for his younger brothers.

The Bakker family has resided in Charlevoix for 16 years, where Levi's father is employed by Consumer's Power in their Big Rock Nuclear Plant. The family is well respected and each of the children are known as model students and excellent examples of fine young men. The Bakker family consists of five boys and their parents. Levi's older brother is attending Lake Superior State University at this time and each of the younger brothers attend Charlevoix Public Schools.

If I were to ask any of the instructors at Charlevoix High School about Levi, they would say, "I wish I had a whole class of students like him". Levi has always accepted the challenge that Charlevoix schools has presented to him. He has excelled enough to be taken on as a technology assistant. The position of Technology Assistant involves keeping all of the school's computers up and running. It is not uncommon to see Levi giving up his after-school time to assist in repairing one of the computers at Charlevoix High School.

I have also seen Levi at many of his younger brother's functions (soccer games, band performances, etc.). When he talks about his brothers, it is with genuine love and respect for each one. Unlike many other sibling rivalries, Levi is respected by his brothers and many of their friends. He is one of the most giving people I know.

As a counselor, I know that it is best that my students go out into the world and become productive members of society. My only hope is that after completing his course of study, Levi Bakker will come back to Charlevoix and continue with the Bakker tradition of being an outstanding community-minded family. Your organization will not go wrong by helping this young man continue his academic success. He is one of those students that you want the best for. Any way that ~1ou can help him would be appreciated.

Thank you for the opportunity to talk about Levi Bakker. It makes me feel good to be able to tell strangers about such a wonderful student.

I am pleased to recommend Nathan Groff for the Michigan State Utilities Workers Council Scholarship. I have known Nathan and his family for a number of years and presently teach Nathan in Economics.

Nathan has been a Special Honors student during his years at Michigan Lutheran. He carries a 3.94 GPA after six semesters is currently ranked first out of 28 in his senior class and will graduate in May 1999.

Nathan has garnered a host of awards and honors during his high school career, including tht National Science Merit Award in `96 and `97, Who's, Who in High School for `96 and `97 and the U.S. Achievement Academy Award for `96 and `97. He earned the Soccer Titan Award `98. He was voted Michigan Lutheran's D.A. R. representative for the Good Citizenship Award.

Nathan is involved in a variety of activities at MLHS. He has served as Class President and Student Council member and participated in choir and Festival Singers. He has earned varsity letters in Soccer, Basketball and Baseball, including District and State honors in Soccer and Basketball. He is captain of the basketball team. All these activities have served to develop Nathan's outstanding leadership skills.

Church and community service are also important to Nathan and his family. He has served ir his church youth group, food drives for the ncedy and worked at a local Soup Kitchen. He also has helped organize paper drives and worked as a lifeguard at our local beaches.

Nathan Groff is a fine Christian young man with a variety of gifts and abilities. I heartily recommend him for this scholarship award.

What are the characteristics, accomplishments and goals that set me apart? That's a thought provoking question - especially since I'm at the age where blending in is usually the name of the game. I'm sure ther are many students out there with general goals similar to mine: graduating from high school, going to college and then making their mark in the "real world". So, what does set me apart?

My life is divided into two major segments: family/friends and school/work. Since I am the second of five boys, sometimes I'm seen a part of a unit: I'm "one of the Bakker boys". However, there are traits that set me apart from my brothers. There are two obvious physical difference - I'm the biggest of the five and I have dimples. Then there are the not so obvious differences - I'm outgoing and enjoy a good debate, especially with my dad. This year I became eligible to vote and, through discussions about the issues, have discovered that some of my political views are different than my parents. Within my church and youth group, I am a small group student co-facilitator. This entails being a peer role model, leading discussions in a small group setting, and helping plan group activities. I find interacting with adults and my peers in this manner very rewarding.

In school, I've had opportunities to set myself apart in a positive way. I've been in band since sixth grade and have been willing to change instruments whenever needed to benefit the sound of the band. I was named MVP at band camp for my positive and helpful attitude. In addition to participating in marching and concert band, I have joined a school jazz band this year. Since this band meets before school, this involves a daily commitment to be at school an hour early to practice Along with the opportunity to expand my musical interests, I have been given the chance to get a head start on my chosen career - computer sciences. I am one of two technical aides in the computer department at school. My main job is to troubleshoot problems with the computers. I am also working after school for the local Intermediate School District in the same capacity. Currently I am doing independent studies in advanced computer programming, a subject that is not part of the normal curriculum. I've designed my own course outline and submit reports every 4 weeks to an advisor. I am also a member of the National Honor Society. Beyond academics, I have been on the golf team for 3 years and am anticipating playig my fourth year of baseball. I have been able to accomplish all this while maitaining a 3.89 GPA.

Earlier I mentioned being at an age where blending in is preferable. I feel I've managed to split the difference. Outwardly, I may seem to be part of the crowd, but the effort I'm putting in to achieveing my goals really does set me apart.

I believe the Lord belsses each of us differently with our own unique qualities and abilities. These distinctions together with our upbringing cause us to be a reflection of our community. In my academics I've always strived to achieve my best whether that means staying up late studyig or asking questions after class. I feel I owe this to my parents, community, myself and my school. I come from a small school of 140 students and take pride in the education I have received there. As class president, and a captain in varsity soccer and basketball I've enjoyed being a leader by helping provide structure with my classmates and voicing their opinion in student government affairs. Being part of soccer and basketball teams that both won district titles last year has helped show me how success can be attained if everyone works together. I have also been honored by receiving the D.A.R. Good Citizen Award representing my school.

This summer I had the great privilege of residing in a lifeguard tower at the local beach on Lake Michigan. Along with being at the summer's hottest social scene comes the awesome responsibility of watching over the sfaety of hundreds of swimmers. It was a good experience for me, relating the rules to the public and being an active member in my community. I liked the challenge of responsibility and plan on taking more advanced courses in lifeguarding and CPR applications.

I am also active in the teen group at Grace Lutheran Church. Recently we helped out at a local soup kitchen in our neighboring community. As I become an adult I'd like to find more ways to help the less fortunate in my community.

I consider starting colege as the beginning of my adult life. I am looking forward to the challenge of attaining an engineering degree as well as living on my own. As I study, however, I also want to enjoy a social campus and be involved in my university through sports and other organizations. I want to make my parents proud, but understand achieveing these goals is going to reqire determination and hard work. I am fueled by excitement of job options that are out ther efor an engineer in today's work force. I am also looking forward to some day starting a family of my own, and raising them under the morals that have structured me throughout my short lifetime. With my firm strength in God and trust in his will these plans can be accomplished.

In retrospect I don't think I would have applied myself any differently through my high school career. I hpe that I have been a positive influence on my home, school, town and church, and that my scholarhsip, leadership ad abilities reflect how proud I am to be a part of this community. I think I have grown and learned a vast quantity, but i will readily admit that I don't know it all. I'm very excited about embarking on the new frontier of my life that will be the college experience.