These By-Laws were approved by the Local 5010 General Membership and are pending approval of the International Union and therefore are NOT official yet.
UAW Local 5010
Tulsa, Oklahoma
By-Laws
Article I
Name
The name of the Local Union shall be “The Tulsa Heavy Truck Local 5010”, affiliated with the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW).
The Constitution of the Local Union shall be the Constitution of the International Union, UAW, and these By-Laws, shall be in all respects subordinated to said Constitution and all applications and interpretations of same.
Article II
Membership
Section 1
The Local Union shall be composed of workers eligible for membership in the International Union, UAW, over whom the Local Union has jurisdiction.
Section 2
Each member in good standing in this Local Union shall have the right to nominate and vote, express opinions on all subjects before the Local Union, attend all membership meetings and express views and arguments, properly, before the meeting and to meet and participate in the activities of the Local Union in a responsible manner consistent with good conscience in order to present and discuss, factually and honestly, the issues upon which the membership must make decisions. These rights, at all times, shall be subject to the rules and procedures governing meetings and other uniform rules and regulations contained in the Constitution, By-Laws and other official rules of the Local Union.
A member in exercising the foregoing rights and privileges shall not take any action which would tend to destroy, or be detrimental to, either the Local or International Unions as organizations, or their free democratic heritage, or which would interfere with the performance of this Local Union or the International Union of its legal and contractual obligations as a collective bargaining agent, or in the case of the Local Union, as an affiliate with the International Union.
Violations or abuse of these rights and privileges of membership or engaging in conduct prohibited by this section, shall be considered conduct unbecoming a union member.
Section 3
The membership shall strive to obtain the objectives set forth in the International Constitution and additional objectives as set in the policy of the International Union: to maintain free relations with other organizations: to do all in its power to strengthen and support the labor movement: and help promote organizational activities.
Section 4
Any Local Union Officer, Bargaining Committee Chairperson, Zone Committeeperson or Alternate Zone Committeeperson offered a position with management shall secure permission from his or her Local Union before accepting such permission in order to be entitled to an honorable withdrawal transfer card. Member’s violating this section shall be subject to expulsion from the Union.
Section 5
All new UAW Local 5010 members, upon signing a membership card and agreeing to a payroll deduction for monthly dues will receive the following:
- A copy of the Local 5010 By-Laws.
- Welcome Aboard letter from UAW Local 5010
- UAW Local 5010 membership card.
- One free UAW Local 5010 T-Shirt.
Article III
Local Union Executive Officers
Section 1
The Local Union shall have the following Executive Officers: President, Vice-President, Financial Secretary-Treasurer, Recording Secretary, Three Trustees, Sergeant-At-Arms and Guide, ranking in that order.
Article IV
Powers of Administration
Section 1
The membership is the highest authority of this Local Union and shall be empowered to take or direct any action not inconsistent with the Constitution or By-Laws.
Section 2
Between membership meetings, the Executive Board shall be the highest authority of the Local Union and shall be empowered to act on behalf of the membership to the extent that urgent business requires prompt and decisive action subject to subsequent approval of the membership, but the Executive Board may not take action affecting the vital interests of the Local Union without approval of the membership.
Section 3
Between meetings of the Executive Board, the President shall exercise general administrative authority and shall be empowered to act on behalf of and take action permitted by the Executive Board subject to the subsequent approval of the Executive Board.
Article V
Local Union Executive Board
Section 1
The Local Union Executive Board shall consist of the Executive Officers and Bargaining Committee Chairperson, all of whom must have been elected in accordance with the International Constitution and these Local 5010 By-Laws.
Section 2
A simple majority of the Local Union Executive Board will constitute a Quorum.
Article VI
Duties of the Local Union Executive Board
Section 1
The duties of the Local Union Executive Board shall be as provided by the Constitution of the International Union and such others as are prescribed by these Local 5010 By-Laws and as directed by the general membership, but not as inconsistent with said Constitution.
Section 2
The Executive Board shall have the authority to make disbursements of Local Union Funds, and such disbursements must be reported to the next membership meeting.
Section 3
The Executive Board shall have the authority to direct payment of all ordinary bills and expenses of the Local Union and of all other bills and expenses previously approved by the general membership.
Section 4
Sub-section A
Executive Board members who are late, depart early or absent from two (2) out of three (3) consecutive Executive Board, special posted and/or regular membership meetings, in a calendar quarter, without reasonable excuse, acceptable to the excuse committee, shall be automatically removed from office.
Sub-section B
Any Executive Board members so removed shall be ineligible to run for any elective position for the remainder of the term of office from which he or she was so removed.
Section 5
Special meetings may be called at the discretion of the President, or a majority of the Executive Board.
Section 6
Minutes shall be taken of all Executive Board meetings by the Recording Secretary and all decisions and recommendations of the Executive Board, except those matters that have been referred to it for final decisions or recommendations by the general membership, shall be referred to the next regular membership meeting.
Section 7
The Executive Board shall appoint at least one of its members to each of the Standing Committees in a liaison and/or advisory capacity, except, however, the Bargaining Committee, Election Committee and any Trial Committee.
Article VII
Building Corporation
Section 1
The Local 5010 Building Corporation shall consist of the membership of this Local Union. The Local Union Executive Board shall constitute the officers of the Building Corporation.
Article VIII
Section 1
The Local Union shall have the following standing committees:
- Veteran’s Committee
- Constitution and By-Laws Committee
- Union Label and Consumer Affairs Committee
- Education Committee
- Conservation and Recreation Committee
- Community Services Committee
- Civil and Human Rights Committee
- Citizenship and Legislative (CAP) Committee
- Women’s Committee
- Attendance and Excuse Committee
- Publication Staff and Public Relations Committee
Section 2
The membership and Chairperson of these Committees shall be appointed and/or removed by the Local Union President, subject to the approval of the Local Union membership.
Section 3
These committees shall perform all duties assigned to them by the Constitution and By-Laws and such additional duties as they may be directed to perform from time to time by the Local Union Executive Board or membership.
Section 4
Members of Standing Committees as called out in Article VIII, Section 1, who are absent from 2 out of 3 consecutive meetings in a calendar quarter, without reasonable excuse, acceptable to the Excuse Committee shall be automatically removed from office.
Article IX
Local Union Membership Meetings
Section 1
Regular membership meetings shall be held on the first (1st) Monday of each month.
Section 2
Special meetings or postponement of regular meetings shall be called or re-dated at the discretion of the Local Union Executive Board. A substantial time limit of notification of such meetings shall be given.
Section 3
Those members in attendance at the regular or special membership meeting shall constitute a quorum.
Section 4
Any member who attends a meeting in an intoxicated condition and/or creates a disturbance, or becomes unruly, shall lose his or her voice and right to vote at said meeting. Where necessary to maintain order, such members may be evicted from the meeting by order of the chairperson, subject to challenge of the membership. Three (3) violations in a calendar year of this section by any member shall be considered conduct unbecoming a Union Member and that member shall lose his or her voice and right to vote for 90 days.
Section 5
The order of Business at Membership Meetings shall be as follows:
- Opening ceremony by Chairperson (President, Vice-President or Executive Board Member)
- Invocation
- Pledge of Allegiance to the Flag
- Roll call of officers
- Reading of minutes from the previous meeting
- Swearing in and presentation of new members
- Initiation of candidates
- Report of Financial Secretary
- Reports of Officers, Committee’s and Delegates
- Bargaining Chairperson’s Report
- Members out of work or in distress
- Unfinished business
- New Business and Communications
- Shop Concerns
- Closing
- (All questions of a Parliamentary nature shall be decided by Robert’s Rules of Order.)
Article X
Elections
Section1
Nominations and Elections of Local Union Executive Officers and Bargaining Committee Chairperson.
Sub-Section A
Paragraph 1
The nomination of Local Union Executive Officers and Bargaining Committee Chairperson shall take place at the first regular membership meeting in April of each third (3rd) year.
Paragraph 2
No member shall be eligible for election as an Executive Officer of the Local Union until he or she has been a member in continuous good standing in the Local Union for one (1) year immediately prior to the nomination.
Paragraph 3
Provisions for Paragraph 2 above are waived only for the purpose of the Locals first elections in calendar year 2014.
Sub-Section B
No member shall be permitted to run for more than one (1) position of the following, Executive Officer, Bargaining Committee Chairperson, Zone Committeeperson or Alternate Zone Committeeperson (In the same election).
Sub-Section C
If a member holding Executive Office or Bargaining Committee Chairperson, the term of which is not expiring, desires to become a candidate for another Executive Office or Bargaining Committee Chairperson such member is obligated to notify the Local Union in writing of his or her resignation from his or her present office at least two (2) weeks in advance of the nominating meeting to permit the nomination and election of candidates for both offices during the same election.
Sub-Section D
Where a vacancy occurs within sixty (60) days before the date upon which the regular elections are to be held, no election shall take place to fill such vacancy, and said office shall remain vacant until filled at the following general Local Union election.
Sub-Section E
No member of Local 5010 may hold any two (2) positions of Bargaining Committee Chairperson, Zone Bargaining Committeeperson, Alternate Zone Committeeperson, Executive Board member or Appointed Representative at the same time.
Paragraph 1
The only positions that can be held concurrently are as a Standing Committee Officer in conjunction with holding the title of Bargaining Committee Chairperson, Zone Bargaining Committeeperson, Alternate Zone Committeeperson, Executive Board member or Appointed Representative.
Sub-Section F
The Election of Local Union Executive Officers, Bargaining Committee Chairperson, Zone Bargaining Committeepersons and Alternate Zone Bargaining Committeepersons shall be under the supervision of a democratically elected Election Committee.
Sub-Section G
The Election Committee, consisting of five (5) members, shall be nominated and elected at the regular membership meeting prior to any secret ballot election.
Paragraph 1
No candidate in any current election shall be a member of the Election Committee.
Paragraph 2
The Election Committee Chairperson shall be elected by the members of the Election Committee.
Sub-Section H
The Election Committee shall notify the nominees in writing of their nomination within a time period established by the Election Committee, and nominee may specify how their name shall appear on the ballot if nomination is accepted.
Sub-Section I
Rules governing the election of Local Union Executive Officers
Rule 1. The date and time of the election shall be the first (1st) Wednesday of May and consistent with hours as established by the Election Committee.
Rule 2. The place of the election shall be at the workplace.
Rule 3. There shall be no campaigning, no campaign posters or election literature allowed within the voting area as determined by the Election Committee.
Rule 4. Voters shall not be allowed to loiter in the voting area as determined by the Election Committee.
Rule 5. No one except the Election Committee or those acting under its direction and those voting and/or who are waiting to vote and the duly qualified challengers shall be allowed in the place of election, except the Executives Officers may remain in enclosed offices to carry out their specified duties.
Rule 6. Any voter spoiling his or her ballot shall return it to the Election Committee and be issued a new ballot.
Rule 7. Any voter in the line at the polls at the time of closing will be permitted to vote.
Rule 8. When none of the candidates for a respective office, including the office of Trustee, receives more than fifty (50) percent of the votes cast, there shall be a run-off election between the two (2) candidates who received the highest number of votes for the respective office. In the case of Trustees, Article X, Section 1, Sub-Section S of the Local 5010 By-Laws will apply.
Rule 9. All ballot selections shall be marked with Ink Pens (No Lead Pencils)
Sub-Section J
The Election Committee shall not adopt any additional rules unless it has formerly been approved by the membership prior to the ballot.
Sub-Section K
The date and time for a run-off election, should the need arise, shall be set and posted by the membership prior to the General Election. In no case shall a run-off election be held later than two (2) weeks from the date of the General Election.
Sub-Section L
The Election Committee shall be in charge of all ballots. Any ballot which clearly indicates the intention of the voter shall be considered valid, provided, however, that where the ballot bears an identification mark, ballot shall be void.
Sub-Section M
Where a member has voted for more candidates than are permitted for the office, or if for any reason the members vote of a particular office is declared invalid, the members vote for the office shall not be counted. However, this shall not affect the validity of the remainder of the ballot.
Sub-Section N
Whenever there are unopposed candidates for office, such candidates shall be considered elected for such office. However, such candidates name shall appear on the ballot in the usual way, as though he or she was opposed.
Sub-Section O
Each candidate shall have the right to have one challenger present when the votes are cast and when they are tabulated, provided that such challenger shall be a member of the Local Union. The Local Union shall not bear the expense of a challenger.
Sub-Section P
Any candidate shall have the right to petition for a recount. Petitions must be filed with the Election Committee in writing within seven (7) days after the results of the election are posted. The petition must set forth briefly the reasons for seeking a recount.
Sub-Section Q
Copies of election regulations shall be placed in a prominent position in each election place and members shall make themselves acquainted with the same.
Sub-Section R
Any member of the Local Union violating of the election rules, shall be reported to the next General Membership meeting.
Sub-Section S
- Trustees are elected simultaneously and there is not a distinction between the offices and the membership is entitled to vote for three (3) Trustees.
- Where there are less than seven (7) candidates, the three (3) candidates elected receiving the greatest number of votes shall be declared elected.
- Where there are seven (7) or more candidates, the majority point is determined by adding the total votes cast for the office of Trustee, dividing by the number of positions to be filled (which is three (3), again dividing by two (2) which will determine the fifty (50) percent mark and then adding one (1) to determine the majority point.
- In the event more than three (3) candidates receive a majority vote, the three (3) candidates with the greatest majority shall be declared elected.
- Where there are seven (7) or more candidates and no candidate receives a majority, the run-off is confined to the six (6) candidates receiving the greatest number of votes.
- Where there are seven (7) or more candidates and only one (1) candidate receives a majority, the run-off is confined to the candidates who finished second (2nd), third (3rd), fourth (4th) and fifth (5th) places.
- Where there are seven (7) or more candidates and only two (2) candidates receives a majority, the run-off is confined to the candidates who finished in third (3rd) and fourth (4th) places.
Section 2
The nominations and elections of Zone Committeepersons and Alternate Zone Committeepersons shall take place in conjunction with the elections of the Executive Board Members and the Bargaining Committee Chairperson. Nominations shall be in April and elections shall be held in May.
Sub-Section A
There shall be for each Zone, a Zone Committeeperson and an Alternate Zone Committeeperson.
Sub-Section B
Zone Committeepersons and Alternate Zone Committeepersons shall be democratically elected by the members of their respective zones by secret ballot. They shall be elected by majority vote.
Sub-Section C
In order to be eligible as a candidate for any elected position in the Local Union 5010, the candidate must be a member in good standing of the Local Union for a period of one (1) year prior to nomination. This one (1) year provision is waived for the Local Union’s first elections in the calendar year 2014.
Sub-Section D
The membership shall be duly notified at least seven (7) days in advance of the time and place of nominations and elections of Zone Committeepersons and Alternate Zone Committeepersons.
Sub-Section E
The Zone Committeeperson shall make a temporary appointment to fill a vacancy of an Alternate Zone Committeeperson within his or her Zone until an election can be held.
Sub-Section F
The Bargaining Committee shall be elected by Zone, by majority vote.
- The Zone Bargaining Committee will consist of the number of Bargaining Committeepersons as provided for in the current Collective Bargaining Agreement.
- Eligible candidates must be a member in good standing and, at the time of nomination and election, be actively employed in the zone that the candidate is nominated and elected for.
Sub-Section G
The President of the Local Union will make temporary appointments to fill a vacancy of a Zone Bargaining Committeeperson or Bargaining Committee Chairperson until an election can be held. The President of the Local Union will make appointments to fill a temporary absence of a Zone Bargaining Committeeperson or Bargaining Committee Chairperson until he/she is able to resume his/her role.
Sub-Section H
The membership must be duly notified at least seven (7) days in advance of nominations to fill the vacancy on the position of Zone Bargaining Committeeperson. A notice containing both the time and place of the election shall be posted at least seven (7) days in advance of the election. The election date shall be set by the membership and polls shall be open the same hours they are in an Executive Board Election. At least seven days shall elapse between the time of nominations and date that the election shall take place.
Sub-Section I
The duties of the Zone Committeeperson and Alternate Zone Committeeperson shall be in compliance with the Bargaining Agreement, Local Union By-Laws and International Constitution. (Including all appointed Representatives of Local 5010)
Sub-Section J
Recall of Bargaining Committee Chairperson, Zone Committeeperson and/or Alternate Zone Committeeperson (may be recalled from their positions in the following manner)
- A petition for recall of a Bargaining Committee Chairperson shall be signed by at least fifty (50) percent of the membership. The petition shall then be presented to the President of the Local Union.
- A petition for recall of a Zone Committeeperson and/or Alternate Zone Committeeperson shall be signed by at least fifty (50) percent of the members employed in the Zone he or she represents. The petition shall then be presented to the President of the Local Union.
- Upon receipt of the properly signed petition for recall the President shall cause to be posted (A notice seven (7) days in advance of a special called meeting) specifying the time, date, place and purpose of the meeting. (The Committeeperson so complained against shall receive notification of the specific complaints.)
- A quorum required to open a recall meeting shall be fifty (50) percent of the membership for a Bargaining Committee Chairperson or fifty (50) percent of the membership employed in the Zone represented by the Zone Committeeperson and/or Alternate Zone Committeeperson.
- A minimum of two-thirds (2/3) vote of those present at the meeting called and posted in accordance with this section shall be required to effect a recall.
- If the petition is invalid or the meeting called for the purpose of recall of the Committeeperson, decided not to recall, then no further petition citing the same specific complaint may be deemed valid until one (1) year has elapsed from the date of such action or decision, unless the one (1) year time limit is waived by the International Union President due to unusual or compelling circumstances.
- The election of a Zone Committeeperson and/or Alternate Zone Committeeperson, to replace any who have been recalled in compliance with this section shall be held within sixty (60) days and no so sooner than seven (7) days after recall.
Sub-Section L
The Election Committee shall set up such rules and regulations governing the election as they deem necessary and proper, not inconsistent with the Constitution or the By-Laws, subject to the approval of the general membership meeting prior to the election.
Article XI
Committeepersons Council
Section 1
A Committeepersons Council shall be established. It shall consist of at least one (1) Executive Officer of the Local Union, Bargaining Committee Chairperson, all Zone Bargaining Committeepersons, all Alternate Zone Committeepersons and all Appointed Representatives of Local Union 5010.
Section 2
The Chairperson of the Bargaining Committee shall be the Chairperson of the Committeepersons Council.
Section 3
The Committeepersons and Appointed Representatives shall meet to study and express opinions relative to the Bargaining Agreement and to discuss the problems and demands of the various zones.
Section 4
The Committeepersons Council shall set rules and regulations governing the activities of the Bargaining Committeepersons, Alternate Zone Committeepersons and all Appointed Representatives of Local 5010, not inconsistent with those contained in these By-Laws or the provisions of the International Constitution or the Bargaining Agreement.
Section 5
All actions of the Committeepersons Council shall be in an advisory capacity only and shall be subject to review by the Executive Board and the General Membership of the Local Union.
Article XII
Finances
Section 1
Paragraph 1
The initiation fee into this Local Union shall be ten (10) dollars.
Paragraph 2
The readmission fee into this Local Union shall be zero (0) dollars.
Section 2
The monthly dues for this Local Union shall be the minimum set forth in the Constitution, except that the Local Union may raise said dues pursuant to Article 47, Section 1, of said Constitution by membership action.
Section 3
The Local Union will compensate authorized members for actual lost time wages, plus other compensable benefits included in the agreement between the Company and the Union, while conducting Union business. (Not to exceed a total of ten (10) straight time hours per day.)
Section 4
When authorized by the Executive Board, the Local Union will compensate members who are required to conduct Union business. (Per Diem will be paid at the same rate as the International UAW Per Diem rate.)
Section 5
The Local Union will compensate authorized members, who are required to conduct Union business out of town, for actual transportation costs. The Local Union Executive Board shall designate one of the following forms of transportation to be used for each authorized trip, and transportation costs shall be based on:
- First Class train fare and lower berth charges
- Second Class (coach) airline fare
- Auto mileage (to be paid at the maximum allowed at the maximum rate per mile allowed by the International Union.)
Travel by any of the specified methods of transportation shall be by the shortest route available. Automobile mileage shall be based on “city to city” miles listed on any standard automobile map or chart.
Section 6
Except as otherwise provided herein, the Local Union will compensate authorized members for actual and necessary expenses incurred while conducting Union business.
Section 7
Except as otherwise provided herein, the wages, expenses and/or other benefits, if paid to Local Union Officers, members, office and clerical employees for full or part time services, shall be established by the Executive Board, subject to the approval of the membership.
Delegates to CAP Council
Delegates to represent this Local Union in the Southwestern States CAP Council shall be selected according to the CAP By-Laws.
All candidates for any elected office of this Local Union must have been nominated and must have submitted acceptance in writing. Write-in candidates are not permitted.
Article XIII
Appeals
Section 1
Any member who is dissatisfied with a decision or action of the Local Union or any representative thereof, other than an action or decision of the membership of the Local Union, shall take his or her appeal or complaint to the Recording Secretary with sixty (60) days after such decision or action.
Section 2
The Executive Board shall consider the appeal, or if said appeal concerns the collective bargaining, shall refer to the Bargaining Committee.
Section 3
Whichever of these bodies the matter is referred to shall consult with the appellant, permit him or her full opportunity to be heard, and shall render a decision on the appeal. Such decision shall be rendered within ten (10) days after the hearing and shall be in writing.
Article XIV
Strikes
Section 1
All Local Union Officers and members who are employed on a full time or part time basis by the Local Union shall cease to draw pay as such during the active part of the strike by members of the Union.
Section 2
The Strike Committee shall consist of the duly elected Executive officers and the Bargaining Committeepersons.
Section 3
All strikes shall be called or terminated only in strict conformance with Article Fifty (50) of the International Constitution.
Article XV
General
Section 1
At the discretion of the Local Union Officers, they are authorized to send a card to Union members at the time of demise. The cost of such cards shall be limited to an amount as may be established by the Local Union membership from time to time.
Section 2
A Publication and Public Relations Committee, consisting of the President, Vice-President and Financial Secretary shall assume responsibility for all Local Union publications and public relations. This committee shall constitute the Editorial Board of the Local Union Newspaper and shall take any and all necessary steps to bring the contents of the newspaper into conformity within the policy of the International Union. All published material will be subject to the approval of the Editorial Board. The members of this committee by a unanimous vote, may delegate the authority of the full committee to any one member of the committee at their discretion.
Section 3
The fiscal year of the Local Union shall begin January 1st and end on December 31st.
Section 4
Special Event Planning
A written proposal shall be submitted to the Local 5010 Executive Board a minimum of 90 days prior to the actual date of said event. The proposal can only be submitted by a member in good standing of UAW Local 5010. The proposal should include the following information:
- Member or members making the request.
- Total amount of monies requested for said proposal.
- Detailed and itemized list of expenditures of said proposal.
- Name of organization or business receiving monies must be listed on said proposal.
- Contact information, phone number, website address or any pertinent information about the organization or business receiving monies in said proposal.
Article XVI
By-Laws Changes and Amendments
Section 1
Except as provided in Section 2 of this Article (XVI), these By-Laws shall be amended, altered or revised only in conformity with the following procedures:
- A resolution or motion, in writing, calling for the amendment, alteration or revision shall be presented to the Executive Board.
- The resolution or motion shall be referred to the By-Laws Committee and shall be reported on by said committee at the next regular membership meeting altogether with the recommendation of the committee.
- A vote shall be taken on the recommendation of the By-Laws Committee and it shall require a vote of two-thirds (2/3) of those voting to pass.
Section 2
The By-Laws of the Local Union can be amended only by two-thirds (2/3) of the members present at the meeting where proper notification has been posted on the bulletin board seven (7) days prior to the meeting.
Article XVII
Section 1
Leases and Long Term Agreements
No agent or official of the Local Union is authorized to execute a real estate lease, deed, service or maintenance contract or other long term agreement unless the proposed agreement has been reviewed by an outside expert or attorney and approved by the Local Union Executive Board.
Section 2
Executive Board policy concerning per diem
Per Diem will be paid per the current rate found in IRS Publication 1542, Per Diem Rates.
Expense for transportation is to be paid for the actual mode of transportation used. Mileage can only be paid to the driver of the automobile.
Revised by the Constitution and By-Laws Committee on November 8th, 2017
Approved by vote of the Membership on December 4th, 2017