BYLAWS
OF
LOCAL UNION NO. 1245
INTERNATIONAL BROTHERHOOD
OF
ELECTRICAL WORKERS
VACAVILLE, CALIFORNIA
Approved: August 1, 2008
Note: This electronic version of the by-laws represents our best effort to faithfully render the published hard-copy version, which is available from the Local 1245 head office at Weakley Hall in Vacaville. In cases of any discrepancy between the published hard-copy version and this electronic version, the published hard-copy version will prevail.
ORDER OF BUSINESS
1. Opening.
2. Roll Call of Officers and Reading of Minutes.
3. Communications and Bills.
4. Reports of Executive Board and Officers.
5. Propositions for Membership.
6. Reports on Candidates.
7. Balloting or Voting on Candidates.
8. Obligations of Candidates.
9. Reports of Delegates and Committees.
10. Reports of Accidents, Sickness or Death of Members.
11. Roll Call of Members.
12. Unfinished Business.
13. New Business. (Under this heading comes matters relating to any election and installation of officers.)
14. Good of the Union.
15. Receipts and Expenses.
16. Closing.
NOTE: This sheet ORDER OF BUSINESS is not a part of your bylaws. It is attached to the bylaws to provide rules for orderly procedure in the conduct of the Local Union meetings. Item No. 11 -- Roll Call of Members -- is optional to the Local Union and may or may not be used as the Local Union decides.
ARTICLE I
Name - Jurisdiction - Objects
Sec. 1. This Organization shall be known as Local Union 1245 of the International Brotherhood of Electrical Workers, Vacaville, California. Local 1245 shall have jurisdiction over Outside (Independent Power Producers, Utility, Telephone and Cable Television); Utility; Tree Trimming; Cable Television; Telephone; Professional, Engineers and Technicians; Electrical Manufacturing; and Government work as defined in Article XXVI, Sections 4, 6 and 9 of the IBEW Constitution, when performed as follows:
(a) Outside (Utility, Telephone, Cable Television, and Line Clearance Tree Trimming) work when performed by employees of contractors on the properties of all Independent Power Producers, public utilities, telephone companies and CATV companies -- private and public ownership when work is performed in the following areas:
STATE OF CALIFORNIA: Counties
Alameda |
Lake |
Plumas |
Solano |
Alpine |
Lassen |
Sacramento |
Sonoma |
Amador |
Madera |
San Benito |
Stanislaus |
Butte |
Marin |
San Francisco |
Sutter |
Calaveras |
Mariposa |
San Joaquin |
Tehama |
Colusa |
Mendocino |
San Luis Obispo |
Trinity |
Contra Costa |
Merced |
San Mateo |
Tuolumne |
El Dorado |
Monterey |
Santa Clara |
Yolo |
Fresno |
Napa |
Santa Cruz |
Yuba |
Glenn |
Nevada |
Shasta |
|
Humboldt |
Placer |
Sierra |
|
Additionally, construction performed by employees of contractors on the properties of the Pacific Gas and Electric Company in Kern, Tulare, Kings, and Santa Barbara County.
STATE OF NEVADA: Counties
Carson City |
Eureka |
Mineral |
White Pine |
Churchill |
Humboldt |
Pershing |
|
Douglas |
Lander |
Storey |
|
Elko |
Lyon |
Washoe |
|
(b) Utility work when performed by employees of:
CACPO - El Nido Plant - IPP
C.P. National: Henderson District, Needles Division
Foster-Wheeler - IPP
Mt. Wheeler Power, Inc.
Pacific Gas and Electric Company - Clerical Employees
Pacific Gas and Electric Company - Physical Employees
Pacific Gas Transmission Company - Clerical Employees
Pacific Gas Transmission Company - Physical Employees
Plumas-Sierra Rural Electric Cooperative, Inc.
Sierra Pacific Power Company
WP Natural Gas, South Tahoe
(c) Cable Television work when performed by employees of:
Century-Mendocino Cable TV
Concord T.V. Cable
Monterey Peninsula TV Cable
Sonic Cable TV
Western TV Cable
(d) Telephone work when performed by employees of:
Citizens Utilities Company of California - Redding
C.P. National - Elko Telephone
Tele-Communications - Nevada
(e) Electrical Manufacturing work when performed by employees of:
Alter Electronics, Inc.
(f) Government work when performed by employees of:
Amameda, City of - Bureau of Electricity
Alameda/Contra Costa Transit District
Bella Vista Water District
Berkeley, City of
Chowchilla Water District
Clear Creek Community Services District
Fallon, City of
GEO/Coldwater Creek Operating Coop.
Gridley, City of
Healdsburg, City of
Lindmore Irrigation District
Lassen Municipal Utility District
Lodi, City of
Merced Irrigation District
Modesto Irrigation District
Nevada Irrigation District
Oakland, City of
Oroville-Wyandotte Irrigation District
Paradise Irrigation District
Port of Oakland
Redding, City of - Electric
Redding, City of - Maintenance
Richvale Irrigation District
Roseville, City of
Sacramento Municipal Utility District
Sacramento Regional Transit District
Santa Clara, City of
Shasta Dam Area Public Utility District
South San Joaquin Irrigation District
Thermalito Irrigation District
Tri-Dam Project
Truckee-Donner Public Utility District
United States Bureau of Reclamation - California
Western Area Power Administration - California
Yuba County Water Agency
(g) Professionals, Engineers and Technicians work when performed by employees of:
Calibration and Testing
However, the right of the International President to change this jurisdiction is recognized as provided for in the IBEW Constitution.
Sec. 2. The objects of this Local Union shall be:
(a) To promote by all proper means the material, social and intellectual welfare of its members by all proper means, including but not limited to the following: To establish and maintain an adequate wage for our labor; to protect and aid our unemployed, distressed and sick members; to promote an education and awareness of the needs and problems of working people by participation in community activities and otherwise to recommend and support such legislation as in the opinion of the Executive Board will be to the benefit of members of this Union or of working men in general, and to oppose such legislation as in the opinion of the Executive Board will be to their detriment; to recommend and support candidates for public office who in the opinion of the Executive board will assist the objectives of this Union or of working men in general; and generally to defend our rights and advance our interests by all lawful means;
(b) To require of our members skill, intelligence, and character;
(c) To protect our employers from the unskilled and inexperienced worker;
(d) To advance the principles and practices of conciliation and arbitration in the settlement of any difference with our employers;
(e) To join with other labor organizations and charitable organizations in supporting activities for the betterment of mankind;
(f) To aid and encourage all honorable efforts that will better the conditions of labor; and to make our card and seal a certificate of fraternity, honesty, efficiency and reliability.
Sec. 3. Local Union 1245 shall cover the "A" and "BA" types of membership.
ARTICLE II
Meetings
Sec. 1. Regular meetings of the Units of Local Union 1245 shall be held once each month on the day of the month, time and place as decided by the members in each such Unit, subject to the approval of the Business Manager for administration purposes. Such meetings by the Units shall constitute the regular Local Union meeting for that month.
Sec. 2. The Unit Recorder shall record the number of members attending each meeting. No member shall vote in more than one meeting on any question submitted for consideration by the Executive Board. Anyone so doing shall be subject to discipline before the Executive Board.
Sec. 3. Special meeting may be called only by the Business Manager or the Executive Board. The Recording Secretary shall notify the members in writing (by mail, leaflets, in the Union newspaper or on accessible bulletin boards) of any special meeting. No business shall be transacted at any such special meeting except that for which it is called.
ARTICLE III
Officers - Elections - Duties
Sec. l. The officers shall perform such duties as are stated in Article XVII of the IBEW Constitution. In addition, they shall perform such duties as are outlined in these bylaws and such duties as may be assigned to them by the Local Union and which are not in conflict with the IBEW Constitution and these bylaws.
Sec. 2. Failure of officers to perform their duties, the suspension or removal of any officer and the filling of any vacancies, shall be dealt with as stated in Article XVI of the IBEW Constitution.
Sec. 3. All officers and representatives and all employees shall be bonded to the extent required by the International or any applicable Federal or Provincial law whichever is greater. The bond shall be secured through the International and the premium shall be paid by the Local Union.
Sec. 4. (a) Nominations for Local Union officers shall be held at the regular meeting of each Unit in March of election years.
(b) Members of one Unit may nominate members of another Unit for Local Union office. It is not necessary that such nominees be confined to a particular Unit. A member placing the name of another member in nomination for office when the nominated member is not present, shall at the time the nomination is made, give to the Unit Recorder evidence in writing signed by the nominee, that the nominee agrees to be a candidate for a specific Local Union office. However, any member being nominated in this manner cannot signify his/her intentions to be a candidate for more than one (1) specific Local Union office.
(c) Immediately after nominations, the Unit Recorder shall forward a list of the names of the candidates, signed by the Unit Recorder and the Unit Chairman, to the Recording Secretary of the Local Union.
(d) After nominations have closed, the President shall appoint an Election Judge and as many Tellers as are required who shall serve as an Election Board to conduct the election. No candidate for office shall be eligible to serve on the Board.
(e) After nominations have been made and those nominated are found to be qualified, the Election Board shall have ballots prepared, listing in alphabetical order, the names of all candidates for each respective office, beginning with President and continuing in the order named in the IBEW Constitution. Such ballots shall not contain any identifying numbers or marks.
(f) All voting shall be by mail ballot.
(g) The Financial Secretary shall furnish to the Election Judge not less than twenty-one (21) days before the election, an alphabetical list of all members eligible to vote. All members in good standing and qualified shall be entitled to vote.
(h) The Executive Board shall decide the last day on which ballots shall be received, and the date, time, and place when the ballots will be counted. This date shall be in the month of June and this information shall be enclosed with the ballot sent to each member eligible to vote.
(i) The Election Judge shall mail or cause to be mailed to all eligible voters, an official ballot and two (2) envelopes. One envelope shall be smaller than the other and shall not contain any marks, numbers, or words. The larger envelope shall be preaddressed to the Election Board and shall contain a space in the upper left hand corner where the member shall place his/her name and address.
(j) Upon receiving his/her ballot, the member shall mark same and enclose it in the smaller envelope. This envelope shall be placed in the larger preaddressed envelope and mailed to the Election Board.
(k) The Election Board shall select a depository to which the envelopes containing the ballot shall be mailed. This shall not be the Local Union Post Office Box or the Local Union Headquarters. (Cost of such depository shall be paid by the Local Union). This Board shall advise the Local Union of such depository in sufficient time to prepare the preaddressed envelopes.
(l) The Election Board shall open the envelopes, remove the smaller envelope and deposit same in the ballot box with the other ballots. No envelope received later than the time and date as determined and announced by the Executive Board shall be opened by the Election Board.
(m) The Election Board shall count the ballots and certify the results in writing to the Executive Board immediately after the ballots have been counted.
(n) All election records including ballots shall be preserved for one (1) year from the date of election, after which same shall be destroyed unless a question has arisen in connection therewith.
(o) Any candidate for office may be present or have an IBEW member as an observer present at the counting of the ballots.
(p) Write-in votes shall not be permitted.
(q) The election shall be decided for the candidate receiving the most votes for a specific office.
Sec. 5. (a) The officers shall be those provided for in Article XVII of the IBEW Constitution.
(b) The office of Financial Secretary shall be combined with the office of Business Manager.
(c) A Business Manager shall be retained on a full-time basis at all times.
Sec. 6. The Local Union Executive Board shall consist of 7 members: The President, who shall be the Chairman of the Board; the Vice President; the Recording Secretary, who shall be Secretary of the Board; and 4 members who shall be elected as follows:
1 - from the Southern Area
1 - from the Central Area
1 - from the Northern area
1 - at large from the group composed of the members from the General
Construction Department of the Pacific Gas and Electric Company and
from Tree Trimming Companies.
For the purpose of the selection of the Executive Board members, the composition of the above referred-to areas and groups shall be defined as follows:
Southern Area
11 San Joaquin Division of Pacific Gas and Electric Company
11a Merced Irrigation District
11b Lindmore Irrigation District
11c CAPCO - El Nido Plant
11d Chowchilla Water District
12 Coast Valleys Division of Pacific Gas and Electric Company
12a Monterey Peninsula T.V. Cable
12b Sonic Cable TV
13 Pipe Line Operations, Department of Pacific Gas and Electric Company
13a C.P. National: Henderson District and Needles Division
14 City of Santa Clara
15 San Jose Division of Pacific Gas and Electric Company
Central Area
21 Materials Distribution Department of Pacific Gas and Electric Company
22 Alameda/Contra Costa Transit District
23 East Bay Division of Pacific Gas and Electric Company
23a Concord T.V. Cable
23b Foster-Wheeler - IPP
24 San Francisco Division of Pacific Gas and Electric Company
24a General Office of Pacific Gas and Electric Company
24b Western T.V. Cable
25 Stockton Division of Pacific Gas and Electric Company
25a Modesto Irrigation District
25b Tri-Dam Project
25c South San Joaquin Irrigation District
26 City of Alameda, Bureau of Electricity
27 City of Berkeley
28 City of Lodi
29 City of Oakland
29a Port of Portland
Northern Area
30 Sacramento Regional Transit District
30a Citizens Utilities Company of California
30b Pacific Gas Transmission Company
31 Humboldt Division of Pacific Gas and Electric Company
32 Shasta Division of Pacific Gas and Electric Company
32a City of Redding
32b Lassen Municipal Utility District
32c Shasta Dam Area Public Utility District
32d Bella Vista Water District
33 Sierra Pacific Power Company
33a WP Natural Gas - South Tahoe
33b C.P. National - Elko Telephone
33c Truckee-Donner Public Utility District
33d Tele-Communications - Nevada
33e Wells, REA
33f Mount Wheeler Power, Inc.
33g City of Fallon
33h Alter Electronics, Inc.
34 De Sabla Division of Pacific Gas and Electric Company
34a Paradise Irrigation District
34b Clear Creek Community Services District
35 Drum Division of Pacific Gas and Electric Company
35a Plumas Sierra Rural Electric Cooperative
35b Nevada Irrigation District
35c City of Roseville
36 Colgate Division of Pacific Gas and Electric Company
36a Oroville-Wyandotte Irrigation District
36b Richvale Irrigation District
36c Thermalito Irrigation District
36d Yuba County Water Agency
36e City of Gridley
37 North Bay Division of Pacific Gas and Electric Company
37a City of Healdsburg
37b Century-Mendocino Cable TV
38 Sacramento Division of Pacific Gas and Electric Company
39 Sacramento Municipal Utility District
39a GEO/Coldwater Creek Operating Coop.
39b United States Bureau of Reclamation, California
39c Western Area Power Administration, California
39d Calibration and Testing
At Large
41 General Construction of Pacific Gas and Electric Company
44 Davey Tree Surgery Company
47 Pacific Tree Expert Company
49 Outside Construction
49a Telephone Construction
49b CATV Construction
Sec. 7. Members elected or appointed to office in the Local Union must be able and available to attend all regular and special meetings and to conduct the affairs of their office without compensation or expenses other than provided for in Article X herein. Assistant Business Manager(s) and/or Business Representatives shall not be eligible to hold any elective Unit or Local Union office. They shall, however, be eligible to run as delegates to the International Convention.
Sec. 8. (a) Nomination of Local Union officers shall be made under new business at the first meeting of the Units in March 2010 and every three years thereafter. Election of officers shall be conducted in accordance with Article XVI of the IBEW Constitution and in the manner as further provided for in this article.
(b) The nomination and election of Local Union Advisory Council members shall be held in conjunction with and in the same manner as prescribed for Local Union officers.
(c) The nomination and election of delegates to the International Convention shall be held in the year in which the International Convention is to be held and in the same manner as prescribed for Local Union officers.
Sec. 9. (a) Nominations for officers shall be held in 2010, and election of officers shall be held in June 2010 and every three (3) years thereafter, as stated in the IBEW Constitution. Notice shall be mailed to all members at least twenty (20) days prior to the meeting for nominations in election years with all information regarding nominations, list of offices to be filled, date, time, and place of election, and the date, time, and place of run-off election if required. Said notice shall also include all details concerning the availability of the absentee ballot.
(b) No member shall be a candidate for more than one (1) office, except as provided in these bylaws and with approval of the International President. If nominated for more than one office, the member shall immediately declare for which office he/she will be a candidate. However, this shall not apply to offices which have been combined with the approval of the International President.
(c) Every candidate shall have the right once within thirty (30) days prior to the election to inspect a list containing the names and last-known addresses of all the members of the Local Union. Such list of members shall be maintained and kept by the Local Union. The membership list shall not be copied for the use of any candidate.
(d) No member shall be eligible for office unless he/she has been a member of Local Union 1245 in continuous good standing for at least two (2) years immediately prior to nomination.
(e) No Apprentice shall be eligible to hold office in the Local Union.
Sec. 10. Only members of the Local Union whose dues are paid for the month of March on or before May 31, of any election year shall be eligible to vote for Local Union officers.
Sec. 11. In each Local Union election year there shall be published in the May issue of the UTILITY REPORTER, a list of all candidates for Local Union office, together with a factual record of their activities within the Local Union, committee assignments performed, offices held, and experience gained for and in behalf of the Local Union. The Election Committee shall supervise the preparation of such publication, and may promulgate reasonable rules and regulations in connection therewith.
ARTICLE IV
Executive Board
Sec. 1. The duties of this Board are outlined in Article XVII of the IBEW Constitution and these bylaws.
Sec. 2. It shall be the duty of the Board to investigate all applications for membership and submit its report to the Local Union for action in accordance with Article XX of the IBEW Constitution. The preceding sentence shall not apply to apprentices as covered elsewhere in these bylaws. The Board shall also investigate and pass upon all traveling cards in full accordance with Article XXIII of the IBEW Constitution. The Board shall make its final report to the Local Union within sixty (60) days after the application or traveling card has been presented for Board consideration.
Sec. 3. Special meetings of the Board may be called by its Chairman or the Business Manager.
Sec. 4. The Local Union President shall be Chairman of the Local Union Executive Board and shall be responsible for the proper conduct of all Board meetings. The Local Union Recording Secretary shall be secretary of the Executive Board and shall keep accurate minutes of all Board meetings. A report of all actions taken at all Executive Board or Advisory Council meetings shall be furnished the units for their information or action thereon.
Sec. 5. The Executive Board shall hold a regular meeting once each month at the Local Union office starting at 8:00 a.m. on the 4th Friday of the month. The Executive Board shall have the power to change the date on which the regular meeting is to convene, but any change shall not be more than seven (7) days before or after the regular meeting. The Board shall meeting regularly each month.
Sec. 6. The Executive Board shall be empowered to take any action the Local Union can take and which should be taken prior to the next regular meeting of the Local Union.
Sec. 7. The Executive Board shall have a special order of business at each regular meeting to act on any business submitted by the Units as provided in Articles IV and V.
Sec. 8. When matters under consideration by the Executive Board but not having been originated in a Unit are deemed to be of such importance that the Executive Board should submit a proposal to the membership for their consideration, it may be done in the following manner:
(a) Conduct a secret mail ballot by sending the copy of the proposal to each member affected to his last known address with an explanation of the proposal and requesting the member to approve or disapprove by voting "yes" or "no". Procedures for such balloting shall be governed by the Executive Board in a manner consistent with the provisions of Article III. The majority of votes cast for either "yes" or "no" shall constitute the action of the Local Union, and each Unit shall be notified of the results.
(b) Submit the proposition to each Unit affected for their action. When the Executive Board submits a matter to the Units for their consideration, each such question shall be prescribed by the Executive Board and submitted together with the proposal to the Unit Recorder of each Unit. It shall be the duty of each Unit Chairman to see that the procedures are followed as outlined. The Recorder shall record the vote on each question and mail the same to the Recording Secretary of the Local Union. A majority of the members in attendance at Unit meetings voting for or against shall constitute the action of the Local Union.
ARTICLE V
Business Manager
Sec. 1. The Business Manager shall perform such duties as are stated in Article XVII of the IBEW Constitution, and in these bylaws, also such other duties as may be assigned to him by the Local Union or the Executive Board, which are not in conflict with the IBEW Constitution and these bylaws.
Sec. 2. The Business Manager shall report to the Executive Board and the Local Union when called upon, or when he/she deems such necessary. The Executive Board and Local Union officers shall cooperate with the Business Manager in the performance of the duties of the office and shall not work in conflict with the Business Manager.
Sec. 3. Whenever any matter directly affects a particular Unit of the Local Union, the Business Manager or his assistants shall likewise report to such Units. No Local Union officer shall interfere with the Business Manager in the performance of his duties. The Business Manager and his assistants shall report to the Local Union Executive Board and the Local Union when called upon or when he deems such necessary.
Sec. 4. He shall appoint any and all representatives or assistants. They shall work directly under him and be subject to his authority in accordance with Article XVI of the IBEW Constitution and they must be members of the IBEW.
Sec. 5. He shall employ or discharge such clerical help as is necessary. Salaries paid such employees shall be subject to such rules that may be formulated or approved by the Executive Board. Such employees shall not be relatives of any Local Union officer and shall work directly under the supervision of and shall be subject to the authority of the Business Manager.
Sec. 6. He shall appoint and remove all Shop Stewards.
Sec. 7. He shall be held responsible to the Local Union and the International Office for results in organizing his territory, for establishing friendly relations with Employers, and for protecting the jurisdiction of the IBEW.
ARTICLE VI
Salaries
Sec. 1. Salaries shall be:
President $65.00 for each Executive Board meeting
attended.
Vice President 50.00 for each Executive Board meeting
attended.
Recording Secretary 65.00 for each Executive Board meeting
attended.
Local Union Executive
Board Members 50.00 for each Local Union Executive Board
meeting attended.
Local Union Advisory
Council Members 50.00 for each Local Union Advisory Council
meeting attended.
Treasurer 50.00 per meeting
Trustee 25.00 for each Trustee Committee meeting
attended.
The Business Manager's and his Assistants' weekly salary shall be determined by taking the average Journeyman Lineman's rate(s) in the Utility Agreements with the Pacific Gas and Electric Company, Sacramento Municipal Utility District, and Sierra Pacific Power Company, based on a straight-time 52-hour week as a base average.
(a) Business Manager's weekly salary - 145% of the base average.
(b) Senior Assistant Business Manager's weekly salary - 135% of the base average.
(c) Assistant Business Manager's weekly salary - 125% of the base average.
(d) Senior Business Representative's weekly salary - 120% of the base average.
(e) Business Representative's weekly salary:
Start - 100% of base average
After six (6) months of employment - 105% of base average
After one (1) year of employment - 115% of base average
In the event any of base Lineman's classification receive an increase in wage compensation other than a traditional hourly wage increase, such as a bonus, profit sharing or an incentive award, an appropriate equivalent application shall be applied to the Business Manager and the Staff covered under this section. This provision shall become effective January 1, 1990.
Sec. 2. Should any two (2) offices be combined, then the officer shall receive the salary of only one (1) office, whichever is the higher.
Sec. 3. All disbursements for authorized expenditures made on behalf of the Local Union shall be supported by receipts, vouchers, or other reasonable proof of claim.
Sec. 4. The Business Manager and his assistants shall be reimbursed for expenses incurred in the performance of their duties, subject to review of the Trustee Committee and approval of the Executive Board.
Sec. 5. (a) The Business Manager, Assistant Business Managers, or any other employee of this Local Union not covered by a separate bargaining agreement shall be granted the same coverage in regard to vacation, sick leave, and paid holidays, based on their continued membership in Local Union 1245, IBEW and/or the former Local Union 1324, IBEW, which was amalgamated, as may be given to the membership of this Local Union under the Working Agreement that covers the greatest number of members of this Local Union.
(b) Such employees shall also receive such medical and hospital protection, life insurance coverage, supplemental industrial disability benefits, severance pay, and other fringe benefits as may be from time to time determined by the Executive Board.
(c) The foregoing benefits shall be subject to administrative policies as directed by the Executive Board.
Sec. 6. The Business Manager and his assistants shall receive mileage when using their own cars for Local Union business at a rate per mile as determined by the Executive Board or they shall have a car furnished them by the Local Union. If a car is furnished them by the Local Union they shall keep the car at their place of residence overnight and on weekends, so as to have it available for Union business when necessary. The Local Union shall carry automobile insurance in the name of the Local Union on all automobiles used by the Business Manager and his assistants and all other members of the Local Union engaged in authorized Union business to cover public liability and property damage.
Sec. 7. All members elected or appointed as Officers, delegates or committee members shall be reimbursed for meals and lodging when away from home, actual wages not to exceed eight (8) hours for scheduled work days lost on Union business, actual cost of transportation and other expenses, necessary to their proper representation of the Union. When a member drives his own car he/she shall be reimbursed at a rate per mile as determined by the Executive Board. Reimbursement of expenses under this Section shall be contingent upon the member's attendance at all sessions of the meeting or convention to which he is a delegate, and upon proper accounting to the Executive Board and Trustee Committee as provided herein. Members may obtain advances on expenditures by action of the Executive Board or where the Board has not had time to act, from the Contingency Fund in accordance with the provisions of Article X; provided, however, that such advances from the Contingency Fund shall not exceed the cost of reimbursable wages, transportation, lodging and $20.00 per day.
ARTICLE VII
Committees and Delegates
Sec. 1. The President shall appoint Committees and Delegates as stated in Article XVII of the IBEW Constitution.
Sec. 2. The Delegates and Alternates to the International Convention shall be nominated and elected in accordance with the nomination and secret ballot election procedure as set forth in these bylaws and Article II, Section 10 of the IBEW Constitution.
Sec. 3. The Business Manager-Financial Secretary and the President, by virtue of their offices, shall serve as delegates to the International Convention of the I.B.E.W.
Sec. 4. The Local Union Executive Board shall recommend to the Local Union the number of delegates from Local Union 1245 to all State and International Conventions.
(a) The delegates to the California State Federation of Labor shall also be the delegates to the State Association of Electrical Workers.
(b) Delegates to the Nevada labor Federation AFL-CIO Conventions shall be limited to one (1) in number and elected by the membership of the Units in the State of Nevada. Additional delegates may be appointed by the Executive Board.
Sec. 5. It shall be the duty of all committees to make a report at the regular meetings of their Unit following their assignment on any matter.
Sec. 6. Any committeeman or delegate failing to attend two (2) consecutive meetings of his committee or group without a satisfactory excuse may have his position declared vacant.
ARTICLE VIII
Stewards
Sec. 1. Stewards shall be appointed where needed by the Business Manager. They shall work under the direction of the Business Manager and be subject to his/her authority. The Business Manager may remove any Steward, as such, at any time.
Sec. 2. Duties of Stewards shall be:
(a)To have a copy of the IBEW Constitution, these bylaws and the working agreement with them at all times.
(b) To see that Union membership is encouraged and all workers at their respective shop or jobs have paid-up dues receipts or valid working cards of the Local Union.
(c) To report any encroachment upon the jurisdiction of the Local Union.
(d) To report to the Business Manager any violation of the bylaws or agreements.
(e) To perform such other duties as may be assigned to them by the Business Manager.
Sec. 3. Stewards shall in no case cause a stoppage of work. In case of any trouble on a job or at a shop, Stewards shall immediately notify the Business Manager.
ARTICLE IX
Assessments - Admission Fees - Dues
Sec. 1. All assessments imposed in accordance with the IBEW Constitution and these bylaws must be paid within the time required to protect the member's continuous good standing and benefits.
Members of other IBEW Local Unions employed in the jurisdiction of this Local Union shall pay applicable working dues as provided in these bylaws.
Members shall not be required to pay assessments for welfare benefits in which they cannot participate.
Sec. 2. No money shall be collected from anyone working within the jurisdiction of this Local Union other than to apply on admission fees, dues and assessments established in accordance with the IBEW Constitution and these bylaws.
Sec. 3. The admission fees shall be:
(a) "A" Membership
Outside Construction -
(Utility)
Journeymen $50.00
All other classifications 25.00
Outside Construction -
(Telephone and CATV)
All Classifications 10.00
"A" or "BA" Membership
Utility -
All Classifications The admission shall be in the same
amount as the monthly dues for the type
of membership for which application is
made. One half of this amount shall be
forwarded to the International Office.
(b) Each applicant for "A" membership shall pay an additional $2.00.
(c) Approval of these admission fees is given by the international Office with the understanding that should it later be found conditions in the jurisdiction of this Local Union do not justify such fees, then the International will be free to change the amounts.
Sec. 4. All applications shall be accompanied by the full admission, and admission must be completed within ninety (90) days of making application, in accordance with Article XX of the IBEW Constitution.
Sec. 5. Upon becoming a journeyman, a Construction Apprentice shall pay any difference in admission fees between journeyman and apprentice prevailing at the time he became an apprentice.
Sec. 6. (a) Members who are unemployed due to illness or lack of work may make written request to the Local to have their dues advanced for a period of not to exceed ninety (90) days.
(b) Such request shall be subject to approval by the Executive Board and may be renewed if found justified.
(c) When such request are granted, they are considered as a loan and must be repaid by the member when he returns to employment.
Sec. 7. The monthly dues shall be:
(a) "A" Members Basic Dues Working Dues
Outside Construction
All classifications $1.00 plus 2% of gross
wages
(b) “A” and “BA” Members
All full-time Classifications
Other than Outside
Construction 1.5% of straight None
time rate
All temporary Employees
Other than Outside
Construction 2% of gross wages None
Wages – includes
International
payments and
assessments in 7(c)
(c) Applicable International per capita and all assessments to be paid in addition to the above dues.
(d) Unemployed members and members working outside the jurisdiction of Local 1245 shall pay Basic Dues of $1.00 only plus the International payments provided for in (c) above. Employed members who are eligible for withdrawal, as provided for in Article XXIV of the Constitution of the IBEW, who prefer to keep their membership in the Local Union, shall pay $2.00 per month in addition to the Basic Dues of $1.00 and the applicable International per capita as provided for above.
(e) All members of the IBEW shall pay Working Dues as provided for above when working in the jurisdiction of Local
1245.
(f) Basic Dues and per capita are payable monthly in advance.
(g) Working Dues for the preceding month are due and payable not later than the regular meeting night of the month following the period worked.
(h) All members working on Outside Construction jobs shall maintain type "A" memberships.
(i) Each month's dues shall include 10¢ to be placed in the General Fund for the subscription to the Union's publication presently known as the "Utility Reporter".
(j) In the event the Local Union shall collect any money in accordance with the terms of a collective bargaining agreement for the support of the collective bargaining agency the Local Union shall in each case remit to the International Office each month an amount equal to the regular per capita applicable to the "BA" type of membership.
ARTICLE X
Funds
Sec. 1. The funds of this Local Union are for the legitimate expenses required in its conduct and maintenance and shall not be diverted therefrom. No disbursements shall be made except in strict accordance with Article XVIII and Article XX of the IBEW Constitution and these bylaws.
Sec. 2. No money shall be loaned from the funds of this Local Union for any purpose, unless approved by the international President of the IBEW.
Sec. 3. The President shall appoint an auditing committee of three members, or he or the Executive Board -- as the Local Union decides -- shall employ a public accountant to audit the books and accounts of the Local Union every three months, and a report of the audit must be made to the membership. The President shall inspect the bank books of the Treasurer to see that Local Union moneys turned over to the Treasurer have been properly and promptly deposited in the Local Union's name. The fiscal year shall be the twelve month period ending December 31.
Sec. 4. The funds of this Local Union shall be deposited as received in such bank or banks as the Executive Board may determine. From time to time the Board shall transfer such amounts as it deems not necessary to meet current expenditures into savings accounts in such savings institutions as it may designate. Subject to approval of the international President, the Executive Board may invest, or direct the Business Manager to invest, the savings account funds in such real estate, securities, or other investments as it deems secure and appropriate; provided, however, that no investment shall be made which will result in depleting the total cash balance in all accounts below $40,000.00.
Sec. 5. Except as provided in this Article, no disbursement from any fund shall be made without prior authorization of the Executive Board.
(a) There shall be established and maintained a petty cash fund in the amount of one hundred ($100.00) dollars to be used by or upon the direction of the Business Manager and his staff for incidental office expenses, subject to proper accounting and approval by the Executive Board at its next regular meeting.
(b) There shall be established a change fund in the amount of one hundred ($100.00) dollars to be used by the office staff for the purpose of making change.
(c) There shall be established a cash Contingency Fund, to be maintained at Union headquarters in such amount as may be fixed from time to time by the Executive Board, but not to exceed $5,000.00 to be used by or with the approval of the Business Manager or Assistant Business Manager for necessary expenses, such as advances on reimbursable expenses, which have either been previously authorized by the Executive Board or which are of such an emergency nature that they should be paid prior to such authorization. Any payments from the Contingency Fund shall, however, be subject to proper accounting to and approval by the Executive Board; and if the Executive Board fails to approve of any such payment, the person obtaining the payment shall be personally responsible for reimbursement of the Contingency Fund.
(d) Regular or standing bills such as rent, salaries, and payments to the International office may be made without special Executive Board authorization.
Sec. 6. The Chairman of the Executive Board shall appoint a three (3) man committee which shall be known as the Trustee Committee. This committee shall meet every two (2) weeks for the purpose of reviewing and passing upon bills for reimbursement of expenses incurred under Sections 4 and 7 of Article X and for payments previously authorized by the Executive Board. The Trustees shall keep a record of all bills reviewed until final approval is given by the Executive Board. The Trustees may recommend to the Local Union President and the Treasurer payment on any Local Union bill presented under this Section, or it may order a bill withheld in whole or in part until the next Executive Board meeting, when they shall give their reasons to the Executive Board for such action, The Trustee Committee may be called for special meetings by the President of the Local Union or the Business Manager and shall be available for attendance at Executive Board meetings when required.
Sec. 7. All financial appeals shall be investigated by the Executive Board of the Local Union. The Executive Board may grant an amount not to exceed Ten Dollars ($10.00). Any additional disbursements shall only be made with the approval of the International Office as required in the IBEW Constitution.
Sec. 8. When the amount of cash in the General Fund falls below $25,000.00, it shall be the duty of the President and the Treasurer to recommend to the Executive Board, ways and means for bringing the cash in the General Fund up to $25,000.00. The Executive Board shall take such action as it deems necessary.
Sec. 9. The Local Union shall provide group life insurance with a death benefit for its members in the amount of $1,000.00 and for his or her spouse in the amount of $500.00 through an insurance company.
ARTICLE XI
Admission of Members
Sec. 1. Qualification and admission of members shall be in accordance with the IBEW Constitution.
Sec. 2. Applicants may be required to pass a satisfactory examination when the Unit requires same.
ARTICLE XII
Units
Sec. 1. Unit officers shall be members of their respective Units. Each Unit shall have the following officers: Chairman, Vice Chairman, Recorder, and an Executive Committee consisting of the Chairman, Vice Chairman, Recorder, and two (2) elective members.
Sec. 2. Unit officers shall be nominated at the regular meeting of each Unit in June and elected in June of the year the Local Union elects officers. Only members of each such Unit in good standing are eligible to nominate and vote for the Unit's officers.
Sec. 3. No member shall be a candidate for more than one (1) Unit office. If nominated for more than one (1) office, the member shall immediately declare for which office he/she will be a candidate. No member shall be nominated for Unit office unless they are present or signify their willingness in writing to be a candidate.
Sec. 4. A member must have at least six (6) months' continuous standing in the their Unit immediately prior to nomination to be eligible for office in their Unit, provided the Unit has been in existence for six (6) months or more.
Sec. 5. One (1) Judge and as many Tellers as are required shall be appointed by the Unit Chairman to conduct the election. Any candidate may be present or have an IBEW member as an observer present during the voting and at the counting of the ballots.
Sec. 6. Voting shall be by secret ballot. The candidate receiving the highest number of votes for each Unit office shall be declared elected.
Sec. 7. (a) Regular meetings of Units shall be held once monthly as decided by members of each Unit and approved by the Local Union Executive Board.
(b) However, no Unit shall hold any regular or special meeting on the night of any regular or special meeting of the Local Union.
(c) Special meetings of a Unit may be called only by the Business Manager or Executive Board of the Local Union, or by the Executive Committee of the Unit involved. The officer or Executive Committee calling the special meeting shall see that the members of the particular Unit and the Business Manager are notified. No business shall be transacted at any special meeting except that for which it is called.
Sec. 8. The duties of Unit officers within the Unit shall be as follows:
Chairman: The duties shall be similar to those of the Local Union's President but shall in no way conflict.
Vice Chairman: The duties shall be similar to those of the Local Union's Vice President but shall in no way conflict.
Recorder: The duties shall be similar to those of the Local Union's Recording Secretary but shall in no way conflict. The Recorder shall supply a copy of the Minutes of Unit meetings to the Business Manager and to the Recording Secretary of the Local Union within five (5) days of respective unit meeting.
Executive Committee: The duties shall be similar to those of the Local Union's Executive Board but shall deal only with affairs of the particular Unit, and shall be subordinate to the Local Union's Executive Board. However, the Executive Committee has no authority to act as a Trial Board in lieu of the Local Union Executive Board. The Unit Chairman shall preside over this Committee and it shall meet regularly at such time as it may decide and shall select one (1) of its members as Secretary. (The Business Manager shall be notified and may attend all meetings of this Committee with voice but no vote.) Immediately after each meeting of the Committee, a copy of its Minutes shall be furnished the Business Manager and the Recording Secretary of the Local Union.
Sec. 9. All Units and Unit officers shall be under the supervision of the Local Union and its Executive Board. Failure of Unit officers to perform their duties and the suspension or removal of any Unit officer and the filling of any vacancies shall be handled by the Local Union Executive Board.
Sec. 10. The eligibility of any member to hold office in the Unit shall not be affected in any way by such member being an officer of the Local Union or by being an Advisory Council member.
Sec. 11. There are hereby established in Local Union 1245, Units as set forth in Exhibit I of these bylaws (which is hereby attached and made a part of these bylaws). Units shall be assigned identification numbers. The Executive Board may approve the establishment of additional Units or it may disestablish Units for cause.
Establishment of the foregoing Units shall not in any way be construed to conflict with the right of the international Office to make territorial or jurisdictional changes in the Local Union hereafter.
Sec. 12. Members of the Unit Executive Committee may act as the Examining Committee of that Unit under direction of the Executive Board. Where so established, the duties of the Examining Committee shall be: to give written or oral examinations to applicants, including apprentices or helpers, in order to properly classify them in the Local Union.
Sec. 13. Each Unit shall have autonomy over matters pertaining to the Unit not affecting other Units or the Local Union as a whole.
Each Unit shall conduct its own affairs, except those duties normally assigned to the Business Manager, subject, however, to approval of the Local Union Executive Board, in accordance with the IBEW Constitution and these bylaws.
Sec. 14. Local Union business originating in a Unit shall not be referred to another Unit, but shall be submitted to the Executive Board for action.
Sec. 15. Business originating in a Unit and pertaining to the Local Union as a whole shall be handled in the following manner:
(a) A specific motion on the subject matter shall be made, duly seconded and passed by a majority of those members present in the meeting of such Unit.
(b) The recorder shall submit a copy of the motion together with the tabulation of the vote taken directly to the Executive Board of the Local Union.
(c) The Executive Board shall have a special order of business at each regular meeting to act on any business submitted to it by the Units.
(d) During such order of business the Executive Board shall hear any members wishing to be heard on any pending business coming from the Units. After consideration the Local Union Executive Board may:
(1) Consider all proposals pertaining to a particular subject and cover the intent by a motion of their own and handle it as provided under either sub-paragraphs (3), (4), or (5).
(2) Turn down the proposal and advise the Unit of their action and the reason for non-concurrence. The Unit may reinstitute the proposal by passing a motion to refer the matter to their Advisory Council member who will present their proposal to the next Advisory Council meeting. Should a majority of this Committee sustain the proposal, said proposal shall then be referred to the next regular meeting of each Unit affected for their action. Should a majority of the members in attendance and voting at such Unit meetings vote in the affirmative, it shall become the action of the Local Union and all Units shall be so notified.
(3) Take any action the Local Union can take providing the business is of urgent nature and the delay in submitting it to the Units affected might jeopardize the welfare of the Local Union.
(4) Submit the proposition to each Unit affected for their action. Proposals so submitted shall not be amended but must have an affirmative or negative vote on the proposal as submitted.
When the Executive Board submits a matter to the Unit for their consideration, each such question shall be voted upon at the first regular meeting after submission (bylaw amendments shall be read at the first meeting and voted on at the second meeting). The Recorder shall record the vote on each question and mail the same to the Recording Secretary of the Local Union. A majority of the members in attendance at the Unit meetings voting for or against shall constitute the action of the Local Union.
(5) Conduct a secret mail ballot by sending the copy of the proposal to each member affected to his last known address with an explanation of the proposal requesting the member to approve or disapprove by voting "yes" or "no". Procedures for such balloting shall be governed by the Executive Board in a manner consistent with the provisions of Article III. The majority of votes cast for either "yes" or "no" shall constitute the action of the Local Union and each Unit shall be notified of the results.
ARTICLE XIII
Advisory Council
Sec. 1. An advisory Council shall be established composed of one elected member from each of the following groups. No member shall vote for more than one advisory council seat.
1 San Joaquin Division of PG&E, CAPCO-El Nido Plant, Chowchilla Water
District
2 Coast Valleys Division of PG&E
3 Pipeline Operations Department of PG&E, C.P. National:
Needles Division and Henderson District
4 City of Santa Clara and San Jose Division of PG&E
5 Alameda/Contra Costa Transit District and East Bay Municipalities
6 East Bay Division of PG&E, Materials Distribution Department of PG&E,
and Foster-Wheeler
7 San Francisco Division of PG&E and General Office of PG&E
8 Stockton Division of PG&E and City of Lodi
9 Sacramento Regional Transit District
10 Pacific Gas Transmission Company
11 Humboldt Division of PG&E
12 Shasta Division of PG&E, City of Redding, Lassen Municipal Utility District,
Shasta Dam Area Public Utility District, and Bella Vista Water District
13 Sierra Pacific Power Company, WP Natural Gas-South Lake Tahoe,
C.P. National-Elko Telephone, Truckee Donner PUD, Mt. Wheeler Power, Inc.,
Wells REA, and City of Fallon
14 Electrical Manufacturing
15 De Sabla Division of PG&E
16 Drum Division of PC&G, Plumas Sierra REC, and City of Roseville
17 Colgate Division of PG&E, Yuba County Water Agency, and City of Gridley
18 North Bay Division of PG&E and City of Healdsburg
19 Sacramento Division of PG&E and Calibration and Testing
20 Sacramento Municipal Utility District and GEO/Coldwater Creek Operating Coop
21 Water and Power Resource Services/Western Area Power Administration,
U.S. Government
22 Citizens Utilities Company of California
23 General Construction of PG&E
24 Tree Trimmer Companies
25 Clerical at Large of PG&E (except its General office clerical employees)
26 San Francisco General Office Clerical of PG&E
27 CATV Operating Companies
28 Irrigation Districts
29 Outside Construction
Sec. 2. The Business Manager shall notify the Advisory Council of a newly organized group, at the first Advisory Council meeting after the group, or groups, have been organized.
(a) Upon petition for representation to this Council by a newly organized group, the Advisory Council shall be empowered to create an additional Council seat by a three-fourths vote of the Advisory Council members.
(b) Should a newly organized group not petition for a seat on the Advisory Council within three months after that group is organized, or such petition is denied, the Executive Board shall assign said group to an existing advisory Council jurisdiction.
(c) The Business Manager shall notify the Executive Board of a group which disestablishes. The Executive Board shall notify the Advisory Council that the seat representing such group is vacated or disestablished.
Sec. 3. The President of the Local Union shall be Chairman and the recording Secretary shall be Secretary of the Local Union Advisory Council. The other Local Union officers and Executive Board members shall have voice but no vote on the Advisory Council.
Sec. 4. This Council shall meet with the Local Union Executive Board 4 times a year on the first weekend of February, May, August and November. The Executive Board shall have the power to change the date on which the Advisory Council is to convene, but any change shall be for not more than 30 days before or after the original date.
Special meetings may be called by the Executive Board, the Business Manager, or upon petition to the Executive Board by one-third of the members of the Advisory council. Such petition shall be acted upon at the next regular meeting of the Executive Board by the calling of a meeting of the Advisory Council within 15 days.
Proper notice shall be given in all cases of change-of- date or specially called meetings.
Sec. 5. (a) Two-thirds of the regular members of the Advisory Council shall constitute a quorum. In the event that a regular member of the Advisory Council is unable to attend, he shall select a substitute who shall attend in his stead and will have a voice and a vote.
(b) Any Advisory Council member failing to attend or appoint a substitute for two consecutive sessions without a satisfactory excuse shall have his Council seat declared vacant.
Sec. 6. The purpose of this Council shall be to meet and discuss the business of the Local Union, and to inform the Local Union Executive Board and Business Manager of the business being carried on by the Units.
This Council may make recommendations to the Executive Board on Policy or other matters related to the functions of the Local Union. The Local Union Executive Board shall advise the Advisory Council of the action taken or progress made on such recommendations. These Advisory Council functions shall in no way conflict with the authority of the Executive Board or the Business Manager.
Sec. 7. The Business Manager and/or one or more of these Business Representatives shall attend each meeting of the Advisory Council and report the activities and progress of the Union.
Sec. 8. To qualify as a candidate to the Advisory Council, a member must have at least two years' continuous good standing in the Local Union immediately prior to April 1st of election year and six months in the department, division or company from which they are nominated. Exceptions to this rule shall be granted where such bodies have not been in existence long enough to meet this requirement.
Sec. 9. The nominations and election for this Council shall be conducted in conjunction with the nomination and election for Constitutional Officers of the Local Union.
Sec. 10. Vacancies occurring on the Advisory Council shall be filled by the Local Union Executive Board until the next regular election.
ARTICLE XIV
General Laws
Sec. 1. The Executive Board shall act as the Trial Board to hear charges and try members (except officers or representatives of a Local Union, Railroad Council, or System Council) for violation of the IBEW Constitution, these bylaws, or an approved working agreement. All charges against a member must be in writing and signed, specifying the provision(s) of the Constitution, bylaws, or working agreement allegedly violated. A brief factual written statement of the act(s) considered to be in violation, including relevant dates, places and names, should be given by the charging party. A copy of the charges must be furnished to the accused by the Recording Secretary with notice of when to appear before the Trial Board.
Sec. 2. A charged member may, upon request, have an IBEW member in good standing as Counsel. However, no lawyer, as such may serve as Counsel in a hearing of the Trial Board. No person not a member of the IBEW may be present at such hearing, except as a witness.
If the accused willfully fails to stand trial or attempts to evade trial after having been notified in writing to appear, the Trial Board shall hear and determine the case just as though the accused were present. When a member files charges against another member and fails to appear before the Trial Board to prosecute the case, unless reasonable excuse is given, he/she shall be subject to discipline by the Trial Board.
Sec. 3. A majority vote of the Trial Board shall be sufficient for a decision, which is to be in writing. The Trial Board report of its findings and sentence, if any, shall be reported to the next regular meeting of the Local Union. The action of the Trial Board shall be considered the action of the Local Union, and the report of the Board shall conclude the case.
Sec. 4. All financial obligations (including but not limited to fines, assessments and unpaid dues and fees) owed by a member under the IBEW Constitution or the bylaws of this Local Union shall constitute debts owed by the member to the IBEW or the Local Union, and may be recovered through court action brought by the IBEW or the Local Union. If it is necessary for the Local to institute legal proceedings in order to recover any such debt, the individual member shall also be liable for all costs of said proceedings, together with a reasonable attorney's fee incurred by the Local, the amount thereof to be fixed by the Court.
Sec. 5. Each member shall keep the Financial Secretary informed of their correct address. The Financial Secretary shall, in turn, notify the International Secretary.
Sec. 6. The parliamentary rules of this Local Union shall be those stated in Article XV of the IBEW Constitution.
Sec. 7. The IBEW Constitution is hereby made a part of these bylaws. Where there is doubt concerning any section of these bylaws or where such might appear to be in conflict with the IBEW Constitution, then the IBEW Constitution shall control and must be followed.
Sec. 8. Words in these bylaws in the masculine gender shall include the feminine.
Sec. 9. Members shall be supplied with copies of the IBEW Constitution, these bylaws, and the working agreement upon written request to the Local Union.
Sec. 10. The handling of jobs for unemployed members shall be under the full supervision and direction of the Business Manager. The Business Manager shall devise such means as are considered practical and fair in the distribution of available jobs to qualified members. Members shall not violate such established rules or plans.
Sec. 11. Any member of this Local Union having knowledge of any violation of these bylaws, working rules or agreements of this Local Union or violations of the State Safety Laws or State Regulation, shall immediately report same to the Business Manager, giving date, location and all information available in connection with said violation.
Sec. 12. Members shall be required to live up to all agreements made by the Local Union, which are approved by the International Office.
Sec. 13. No officer, officers, committees or Board, elected or appointed shall contract any debt in the name of the local Union without first obtaining consent of the local Union Executive Board.
Sec. 14. Members indebted to the Local union shall be required to repay such indebtedness at a rate of not less than one dollar ($1.00) for each day employed.
Sec. 15. Nothing in these bylaws shall be so interpreted or construed as to restrict, hamper or prevent any officer from carrying out the sincere and honest performance of his obligations, duties or assignments. This rule shall be binding on each and every member.
Sec. 16. Members shall show their working cards or receipts upon request of the Business Manager, his assistants or stewards.
Sec. 17. Any officer, member or employee of the Local Union shall have the right to rely in good faith upon the provisions of these bylaws and of the IBEW Constitution, and upon resolutions of the Executive Board and of the membership. In the event that a lawsuit is instituted against any such person for action taken in such reliance, such person shall be indemnified to the fullest extent permitted by law and the Union may pay judgement that may be rendered against him. The foregoing provision of indemnification does not extend to protecting an officer against willfully dishonest acts or the specific breaches of trust mentioned in Title V of the Labor-Management Reporting and Disclosure Act of 1959.
Sec. 18. The Local union may spend a reasonable sum for a suitable tribute, as determined by the Local Union, upon the death of a member. A committee may also be selected to extend the sympathy of the Local Union to the family of any deceased member. The Local Union may also authorize a suitable tribute, as determined by the Local Union, to a deceased person who was a member at the time of his or her retirement.
ARTICLE XV
IBEW Local Union 1245 Energy Workers Center, INC.
Sec. 1. Title to the building, and furnishings and fixtures therein, of Local Union 1245 shall be held in a non-profit corporation known as IBEW Local 1245 Energy Workers Center, Inc.
Sec. 2. The President, Vice President, Recording Secretary, Treasurer, Business Manager-Financial Secretary, and all members of the Local Union Executive Board shall constitute the Board of Directors of the Corporation. Upon expiration of their terms as Local Union Officers or upon their resignation or removal, their duly elected or appointed successors shall become Directors.
Sec. 3. The members of the Corporation shall consist of all members in good standing from time to time of Local Union 1245. As members of the Corporation, they shall receive annual Financial Statements of the Corporation.
Sec. 4. Before any real property is to be purchased or disposed of in the name of the corporation all members of the Local union shall be advised of such matter and a meeting called for the purpose of voting on such matter. It shall require a majority vote of the members present and voting to decide such matter.
Sec. 5. Before instruction are given to the Board of Directors of the Corporation to purchase or dispose of any real property Section 4 of this Article must be complied with.
ARTICLE XVI
Amendments
Sec. 1. These bylaws shall become effective upon approval by the International President.
Sec. 2. (a) These bylaws may be amended or changed by such proposal being submitted in writing and read at a Unit meeting. If approved by the majority of the membership present and voting at said meeting it shall then be forwarded to the Executive Board for action. Should the Executive Board concur with the proposed amendment, the Executive Board shall then either: (1) Refer the proposal to the next regular Local union meeting for its first reading and be acted upon at the second reading; or, (2) Order a direct referendum vote to all members in good standing stating the proposed amendment, the Executive Board's recommendation and appropriate spaced for voting "yes" or "no", together with instructions for returning the referendum ballots.
(b) Should the Executive Board vote non-concurrence on the bylaw proposal, said vote shall be recorded in the Executive Board minutes and the Unit originating the proposal be so informed.
(c) In the event the Executive board votes non-concurrence, the President of the Local Union shall at the time of the next regular meeting of the Advisory Council appoint the Advisory Council as a Bylaw Committee to function as a Board of Review for all bylaw proposals on which the Executive Board has voted non-concurrence..
(d) This Committee shall then determine by simple majority vote whether it sustains or over-rules the executive Board action of non-concurrence on any bylaw proposal. If the Executive Board's action of non-concurrence is over-ruled by the Advisory Council, said proposal shall then be referred to the next regular Local Union Unit meetings for consideration and action at the second regular Local Union Unit meetings.
(e) It shall be the duty of the unit Recorder to certify the results of such balloting to the Recording Secretary of the Local Union. Should a majority of the members in attendance and voting at the unit meetings vote in the affirmative, the bylaw proposal shall then be referred to the International president for approval.
(f) However, dues, initiation fees or assessments shall not be increased except by a majority vote by secret ballot of the members in good standing voting at regular or special membership meetings of the respective Units in the manner provided above.
A written notice specifically stating the proposed assessments or changes in initiation fees or dues shall be mailed to each member in good standing at the member's last known home address at least 20 days prior to the meetings at which the
membership is to vote on the question.
Sec. 3. No amendment or changes shall become effective until approved by the International President in accordance with the International Constitution.
EXHIBIT I
SAN JOAQUIN DIVISION GENERAL CONSTRUCTION
(PG&E) (PG&E)
1111 Fresno 1514 San Jose
1112 Bakersfield 2312 Oakland
1113 Madera 3815 Davis
1116 Corcoran
1117 Wasco CLERICAL (PG&E)
1118 Crane Valley
1119 Balch 1501 San Jose
1120 Selma 2301 East Bay
1121 Coalinga 2401 San Francisco
1123 Merced
1124 Los Banos OAKLAND GENERAL
MERCED IRRIGATION Alameda/Contra Costa Transit District
DISTRICT Cities of Alameda, Berkeley and
1122 Merced Oakland and Outside Construction
COAST VALLEYS DIVISION 2211 Oakland
(PG&E)
1211 Salinas
1212 Monterey
1214 Moss Landing EAST BAY DIVISION (PG&E)
1215 San Luis Obispo
1216 Santa Maria 2311 Oakland
1217 Paso Robles 2314 Hayward
1219 Hollister 2315 Livermore
2316 Concord
2317 Antioch
CITY OF LOMPOC
1218 Lompoc SAN FRANCISCO DIVISION (PG&E)
PIPELINE OPERATIONS (PG&E) 2411 San Francisco
1311 Barstow
STOCKTON DIVISION (PG&E)
CALIFORNIA-PACIFIC UTILITIES 2511 Stockton
COMPANY 2512 Angels Camp
1312 Needles 2513 Jackson
2514 Tracy
CITY OF SANTA CLARA 2515 Modesto
1411 Santa Clara 2516 Lodi
2517 Sonora
SAN JOSE DIVISION (PG&E)
1511 San Jose SACRAMENTO REGIONAL TRANSIT
1512 Belmont DISTRICT
1513 Santa Cruz 3011 Sacramento
SHASTA DIVISION (PG&E) PACIFIC GAS TRANSMISSION
3211 Red Bluff COMPANY
3212 Redding 3021 Sandpoint
3213 Burney 3023 Walla Walla
3216 Trinity 3024 Redmond
SIERRA PACIFIC POWER HUMBOLDT DIVISION (PG&E)
COMPANY 3111 Eureka
3311 Reno 3112 Garberville
MT. WHEELER POWER, INC. SACRAMENTO DIVISION (PG&E)
3315 Ely 3811 Sacramento
3812 Vacaville
DE SABLA DIVISION (PG&E) 3813 Placerville
3411 Chico
3412 Quincy SACRAMENTO MUNICIPAL UTILITIES
3417 Paradise DISTRICT
3911 Sacramento
DRUM DIVISION (PG&E) 3912 Fresh Pond
3511 Auburn 3913 Rancho Seco
3513 Grass Valley
CITY OF ROSEVILLE CITIZENS UTILITIES COMPANY
3512 Roseville OF CALIFORNIA
4012 Susanville
4013 Alturas
COLGATE DIVISION (PG&E) 4014 Elk Grove
3611 Marysville 4015 Burney
NORTH BAY DIVISION (PG&E) DAVEY TREE SURGERY COMPANY
3711 Marin County 4411 Las Vegas
3712 Santa Rosa
3714 Ukiah
3716 Napa
3717 Ft. Bragg
LOCAL UNION 1245
RECORD OF AMENDMENTS
District: Ninth Location: Vacaville, California
Bylaws Retyped in Entirety: February 16, 1996
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* DATE *.*.*.*.*.*.*.ARTICLES AND SECTIONS AMENDED *
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6/24/97 Article IX, Section 7(a) amended.
3/15/01 Art. I, sec. 1 amended; Art. 3, Secs. 1, 2, 8 & 9(a) amended; Art. IV, Sec. S1 & 2 amended; Art. V, Sec. 1 amended; Art. VI, Sec. 7 amended; Art. VII, Sec. 1 amended; Art. IX, Secs. 4 & 7(d) amended; Art. X, Sec. 1 amended; Art. XIV, Sec. 6 amended.
7/22/04 Art. I, Sec. 1 amended.
8/25/04 Art. I, Sec. 1 amended.
10/22/04 Art. I, Sec. 1 amended.
10/13/05 Art. I, Sec. 1 amended.
8/01/08 Art. IX, Sec. 7(a) & (c) amended, 7(b) added