THE CONSTITUTION OF NEW
YORK CITY OFF-TRACK BETTING CORPORATION EMPLOYEES,
ARTICLE I
NAME
The name of this organization shall be New York City Off-Track
Betting Corporation Employees,
ARTICLE II
AFFILIATIONS
This local union shall be affiliated with New York City District
Council Number 37 of the American Federation of State, County and Municipal
Employees; the New York State AFL-CIO; and the New York City Central Labor
Council, AFL-CIO.
ARTICLE III
OBJECTIVES
The objectives of this local union shall be to: carry out on a
local basis the objectives of the AFSCME, to work toward the improvement of
salaries, hours, and all terms and conditions of employment for the membership,
to work toward the improvement for the entire N.Y.C.O.T.B. Corporation program,
and to obtain for the membership, a real voice in decisions bearing on their
conditions of work and of service to their customers.
ARTICLE IV
MEMBERSHIP AND DUES
Section 1. All employees of the New York City, New York, Off Track Betting
Corporation are eligible for membership in this local union, subject to the
requirements of the Constitution of the International
Section 2. Application for membership shall be made on a standard
application form. Unless such form includes a valid authorization for payroll
deduction of dues, the application shall be accompanied by the current month's
dues.
Section 3. The dues of this local union shall be $25.95 bi-weekly per pay
period for all full-time employees. The dues of this local union for part-time employees,
who work 20 hours or 25 hours per week, shall be $12.75 bi-weekly per pay
period. Hourly employees shall pay $12.75 bi-weekly per pay period.
Section 4. Membership dues shall be payable monthly in advance to the local
secretary-treasurer and in any event shall be paid not later than the 15th day
of the month in which they become due. Any member who fails to pay dues by the
15th day of the month in which they become due shall be considered delinquent,
and upon failure to pay dues for two consecutive months shall stand suspended.
Provided, however, that any person who is paying dues through a system of
regular payroll deduction shall for so long as such person continues to pay
through such deduction method, be considered in good standing.
Section 5. A member suspended under the above section may be reinstated to
membership in the local on payment of all arrearages.
ARTICLE V
MEETINGS
Section 1. Regular meetings of this local
shall be held every other month, except in the months of July, August and
December. The time and place of these meetings shall be fixed by the membership
or the executive board.
Section 2. A quorum shall consist of at
least 40 members.
Section 3. Special meetings may be called
by the local president, the local executive board, or by petition filed with
the president and signed by 100 of the members of the local. Special meetings
may also be called by the International President or his authorized representative.
A quorum shall consist of at least 40 members.
Section 4. The local executive board
shall meet once each month except during July, August and December, at a time
and place to be fixed by the executive board.
Section 5. The local shop stewards
meetings shall be held once each month except during July, August and December
immediately following the executive board meeting at a time and place to be
fixed by the executive board.
Section 6. A. Due notice of all meetings
shall be given to membership, in writing, whenever possible.
B. All meetings shall be carried out in conformity to the
constitution. Meetings shall be carried out accordingly to Roberts Rules of
Order, Revised, except where otherwise specified in the constitution.
ARTICLE VI
OFFICERS, NOMINATIONS,
AND ELECTIONS
Section 1. The officers of this local
shall be a president, a vice-president, a recording secretary, a
secretary-treasurer, and three executive board members, and these seven
officers shall constitute the local union executive board. Officers shall be
elected for a term of three years, beginning in 1973. In addition, there shall
be elected three members who shall serve as trustees. Trustees shall be elected
to three (3) year term, except that in the initial election, one shall be
elected for a one (1) year term, one for a two (2) year term, and one for a
three (3) year term.
Section 2. Nominations shall be made at a
regular or special meeting to be held in April. At least fifteen days, advance
notice shall be given the membership prior to the nomination meeting. A
nominating committee may be appointed or elected to make nominations, but
whether or not such nominating committee is used, nominations shall be
permitted from the floor at the nomination meeting.
Section 3. To be eligible for office, a
member must be in good standing for one (1) year immediately preceding the
election. No retired member from this local shall be eligible to run for
office.
Section 4. Officers shall be elected by
secret ballot vote, and the balloting shall be conducted as to afford all
members a reasonable opportunity to vote. At least fifteen (15) days advance
notice be given the membership, otherwise election shall take place in the
month of June.
Section 5. All matters concerning
nominations and elections in this local union shall be subject to the
provisions of Appendix D, entitled Elections Code, of the International Union
Constitution.
Section 6. Vacancies in office shall be
filled for the remainder of the unexpired term by vote of the executive board
except in the event the office of the president falls vacant, the
vice-president shall become president for the remainder of the unexpired terms
and the office of the vice-president shall be filled for the remainder of the
unexpired term by vote of the executive board.
Section 7. Every officer shall, upon
assuming office, subscribe to the Obligation of an Officer contained in
Appendix B of the International Union Constitution.
ARTICLE VII
DUTIES OF OFFICERS AND
EXECUTIVE BOARD
Section 1. The president shall be chief executive
of this local. He shall preside at all meetings and shall be chairman of the
executive board. He shall be also be an ex-officio
member of all committees. He shall be chairman of the locals' delegation to all
conventions, conferences and seminars. He shall appoint such other committees
as may be required and shall be responsible to see that the committee so
appointed carries out the purpose for which it was created. He shall call
regular committee reports and shall perform such other further duties as may be
imposed by the executive board. He shall sign all documents of this local and
countersign all checks. He shall periodically report to the membership
regarding the progress and standing of the local and regarding his official
acts. He shall be subject to call for counsel for any discussion, formal or
informal, concerning members of the local.
Section 2. The vice-president shall
assist the president in the works of his office. In the absence of the
president or in his inability to serve, the vice-president shall preside at all
meetings and perform all duties otherwise performed by the president. He may
with the approval of this executive board, be authorized to act as co-signer of
checks drawn on the local funds in place of either the president or the
secretary-treasurer.
Section 3. The recording secretary shall
keep a record of the proceedings of all membership meetings and of all
executive board meetings. He shall carry on the official correspondence of the
Local, except as the executive board may direct. He shall perform such other
duties as the executive board may require.
Section 4. The secretary-treasurer shall
receive and receipt for all monies of the local union. He shall deposit all
money so received in the name of the local union in an
bank or banks selected by the executive board, and money so deposited shall be
withdrawn only by checks signed by the president, secretary-treasurer and the
vice-president, if authorized by the executive board. He shall prepare and sign
checks for such purposes as are required by the constitution or are authorized
by the membership or the executive board, he shall prepare and submit the
monthly membership report to the International Union office and see that a
check is drawn in payment of the Locals' per capita tax each month and sent to
the International Secretary-Treasurer. He shall keep an accurate record of
receipts and disbursements and shall, at each general membership submit to the
membership a monthly operating statement of the financial transactions of the
local for the previous month. He shall act as custodian of all properties of
the local union. He shall at the expense of the local union and through the
International
Section 5. The trustees shall make or
cause to be made at least semi-annually an audit of the locals
finances, and shall report to the membership on the results of such audits.
Section 6. The executive board shall be
the governing body of the local union except when meetings of the local union
are in session. All matters affecting the policies, aims and means of
accomplishing the purposes of the local not specifically provided for in this
constitution or by action of the membership at a regular or special meeting
shall be decided by the executive board. The board shall meet at the call of
the president or of a majority of the members of the board. A report on all
actions taken by the executive board shall be made to the membership at the
next following meeting. A majority of the members of the executive board shall
be required for a quorum.
Section 7. The duties of the shop
stewards are to protect the employees’ rights. This means settling grievances
and watching for violations of established working conditions, or the
agreement. Other duties outlined in the Shop Stewards Manual of the AFSCME,
AFL-CIO are required. Shop stewards are required to attend all shop steward
meetings.
Any charge against a shop steward for failure to perform the
responsibilities at a shop stewards meeting, and can upon review and
recommendations of the executive board, result in disciplinary action up to and
including termination of their services.
Shop stewards shall be elected for a term of one (1) year after
which new elections shall be held. Shop stewards may be removed for cause by
the members he or she represents.
ARTICLE VIII
STIPENDS FOR OFFICERS
Section 1. No officer or executive board
member shall receive any compensation for services rendered unless the same shall
have first been approved by the members at a regular meeting except as
hereinafter provided in this article.
Section 2. The president of this local
shall receive an expense allowance of one thousand dollars ($1000.00) a month.
Section 3. The vice-president of this
local shall receive an expense allowance of six hundred and fifty dollars
($650.00) a month.
Section 4. The treasurer of this local
shall receive an expense allowance of four hundred dollars ($400.00) a month.
Section 5. The recording secretary of
this local shall receive an expense allowance of two hundred eighty-five
dollars ($285.00) a month.
Section 6. The executive board members
shall receive a rebate of their union dues in the amount of $54.14 for each
meeting that they are required to attend other than the general membership
meetings. The District Council 37 delegates, other than those receiving an
expense allowance, the shop stewards and trustees shall receive a rebate of
their union dues in the amount of $32.49 for each meeting that they are
required to attend other than the general membership meetings.
ARTICLE IX
GENERAL MEMBERSHIP
PROCEDURE
Section1. Procedure of all membership meetings of this local
shall be in accordance with the following order of business:
(1) The president or chairman of the meeting calls the meeting
to order.
(2) Roll call of the executive board.
(3) Reading of the minutes from the previous meeting.
(4) Report of officers and committees.
(5) Unfinished business.
(6) New business.
(7) Good and welfare.
(8) Adjournment.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1. This local union shall at all
times be subject to the provisions of the constitution of the AFSCME, AFL-CIO.
Section 2. Except to the extent specified
in this constitution, no officer of the local union shall have the power to act
as agent for or otherwise bind the local union in any way whatsoever. No member
or group of members or other person or persons shall have the power to act on
behalf of or otherwise bind the local union except to the extent specifically
authorized in writing by the president of the local or by the executive board.
Section 3. All members of the local shall
receive a copy of the local constitution.
Section 4. Upon request, all members in
good standing shall have union representation at all security grievance and
disciplinary hearings, etc.
Section 5. Wherever in this constitution
a male pronoun is used it is intended to include the equivalent pronoun of the
feminine gender.
Section 6. At all meetings, the president
of this local or the presiding chairman, shall at his discretion, select from
members in attendance of these meetings as many sergeants-at-arms as he deems
necessary.
ARTICLE XI
AMENDMENTS
This constitution may be amended, revised, or otherwise changed
by a vote of two-thirds (2/3) of the members present and voting on such
proposed change and such change shall take effect only upon written approval of
the International President. Proposed amendments to this constitution must, be
read at a regular or special meeting of the local union and read and voted on
at a subsequent meeting of the local union, adequate and proper notice having
been given to the membership prior to the date on which the vote is taken. A
written copy of the proposed amendment shall be furnished to every eligible
voter at the meeting at which the vote is taken.
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