Bylaws

                    BYLAWS FOR THE AMALGAMATED TRANSIT UNION LOCAL 1637

                                                      June 09, 2022

                                                         Article 1

                                                        Preamble

This organization shall be known as Amalgamated Transit Union, Local 1637 (L.U.) Las Vegas, Nevada, which holds a legal charter duly granted by the Amalgamated Transit Union, AFL-CIO, CLC. It is the objective of this L.U. to function in accordance with the rules and regulations of the Amalgamated Transit Union as Affiliated with the American Federation of Labor – Congress of Industrial Organizations.

This document shall be the Bylaws of this L.U. and shall be supplemental to the Constitution and General Laws of the Amalgamated Transit Union, as amended. All prior Bylaws of this L.U. are hereby revoked, and these current Bylaws become effective immediately.

                                                            Article 2

                                                   Objectives of the L.U.

The objectives of this L.U.  shall be to promote the cause of trade union principles, to advance wages, to improve the working conditions for all members, and to specifically represent the best interest of all its members when dealing with the employer and other outside agencies.

                                                          Article 3

                                                          Officers of the L.U.

The officers of this L.U., which shall constitute the L.U. Executive Board, shall be a President/Business Agent, Vice President, Financial-Recording Secretary Treasurer, and Executive Board members as follows: 1 (one) Operator Executive Board Member from each Location and 1 (one) Maintenance Executive Board Member from each location.

                                                             Article 4

                                        Wages of Officers/Expenses

The President/Business Agent is a full-time position. For performing the duties of the office, the President/Business Agent shall be paid at a weekly salary in an amount equal to 40 times the top hourly rate of pay for his or her job classification, pursuant to the wage

 scale specified in his or her applicable collective bargaining agreement (for the bargaining unit from which the President/Business Agent is booked off full-time during his or her term), plus $120. The top rate shall be calculated as a straight-time rate with no additional bonuses or premiums. The President/Business Agent shall work at an office designated as the headquarters of the L.U.

The Financial-Recording Secretary Treasurer (Fin-Sec) is a fulltime position. For performing the duties of office, the Fin-Sec shall be paid at a weekly salary in an amount equal to 40 times the top hourly rate for his or her job classification, pursuant to the wage scale specified in his applicable collective bargaining agreement (for the bargaining unit from which the Fin-Sec is booked off full-timed during his or her term), plus $100. The top rate shall be calculated as a straight time with no additional bonuses or premiums. The Fin-Sec shall work at an office designated as the headquarters of the L.U.

Part-time Officers and all Shop Stewards shall receive a stipend equivalent to the amount of their monthly dues for their attendance at one of the monthly union meetings. Board members and Shop Stewards who fail to attend at least one of the meetings in any particular month will not receive the stipend for the month.

The President/Business Agent shall be the only person authorized to authorized to approve lost work time for part-time officers, stewards, and other members for necessary union work assignments. All members of the L.U. shall receive lost wages for assigned work by the President/Business Agent. Lost wages shall be paid for actual time lost at the member’s straight hourly rate. In addition, all members booked off will receive $1.25 per hour of book-off time to account for any lost 401k contributions and small incidental expenses. Actual expenses, where properly documented and approved by the President/Business Agent and Fin-Sec, will also be reimbursed.

Delegates to the International Convention, Legislative Conferences, and any educational event shall receive reimbursement for transportation to and from the event, hotel stay if necessary, and a daily per diem of $50.

Health Benefits: Any Union officer who is booked off full-time shall not suffer a loss in health benefits. The L.U. will reimburse the employer for the cost of such contractual health benefits on a monthly basis. Officers will have deducted from their pay checks the same amount that would be deducted by the employer.

PTO and Vacation Benefits: The L.U. shall reimburse full-time officers for the loss of PTO and Vacation benefits which would have normally been earned as per the collective bargaining agreement they would otherwise be covered by if not booked off on union business. Vacation and PTO time will be paid at the rates and under the terms specified in the collective bargaining agreement, as if the officer were working for the employer. The accrual and use of these benefits will be tracked and reported by the Fin-Sec to the Executive Board at its monthly meetings.

Holidays: Full-time officers will not receive additional pay for holidays specified in their applicable collective bargaining agreement. Rather, they will receive their regular weekly salary, and will take the day off with pay. The President/Business Agent with approval from the Executive Board, may opt to work an authorize another officer to work on a holiday and take off a different day during that week (e.g., if the holiday falls on a Monday and the President/Business Agent works on Monday, Tuesday could be taken off).

                                                               Article 5

                            Office of the President/Business Agent

The President/Business Agent shall be the chief executive officer of the L.U. and shall have general supervision over all its affairs between the Executive Board and membership meetings. It shall be the duty of the President/Business Agent to preside at all meetings of the L.U.; to preserve order and to enforce the International Constitution and General Laws and the L.U. Bylaws; to see that all officers perform their respective duties; and appoint all committees not otherwise provided for. The President/Business Agent shall decide all questions of order, subject to an appeal to the membership; shall have a right to vote in secret ballot votes at the same time and along with other members who cast their ballots; and shall have the right to vote only in a case of a tie where there is a standing or hand vote, when he or she shall give the deciding vote. The President/Business Agent shall announce the result of all votes.

The President/Business Agent shall enforce all fines and penalties; shall sign all orders on the treasury for such money as shall, by the International Constitution and General Laws or by the vote of the membership, be ordered paid; and shall sign all checks and bank drafts. The President/Business Agent shall have the power to call special meetings; and shall perform such duties as may be required by the International Constitution and the L.U. Bylaws.

The President/Business Agent, shall,  by virtue of the office, be a delegate to the International Convention.

The President/Business Agent shall make a full report of the work of the office to the meetings of the Executive Board and shall make a full report of such work to the regular meetings of the L.U., reporting all matters of interest.

                                                     Article 6

                                       Office of the Vice President

It shall be the duty of the Vice President, in the absence of the President/Business Agent, to preside and perform all duties pertaining to the office of the President and to render such assistance as may be required and directed by the President. In the case of a vacancy in the office of the President/Business Agent, the Vice President shall preside until the L.U. elects a President/Business Agent to fill the vacancy.

The Vice President, shall, by virtue of the office, be a delegate to the International Convention.

                                                       Article 7

               Office of the Financial-Recording Secretary Treasurer

It is the duty of the Fin-Sec to keep the books of the L.U.; to enroll all members; to receive all monies due the L.U. and deposit all monies to the credit of the L.U. at the bank designated by the Executive Board; and to keep the L.U. in good standing with the International Union and affiliate bodies.

The Fin-Sec shall render a report to the members at each monthly meeting of the receipts and expenditures of the preceding month. Shall pay all bills by check jointly signed by the Fin-Sec and the President/Business Agent or designee and shall file all canceled checks. The Fin-Sec shall keep a correct account of all proceedings of the L.U.,

shall call the roll of officers; and shall preserve and maintain the records of the L.U. The Fin-Sec shall perform other related and required duties. At the expiration of the term of office, the Fin-Sec shall turn over all books, correspondence, records, and other property of the L.U. to the duty elected and qualified successor.

The Financial-Recording Secretary Treasurer shall prepare an annual budget covering July 1 through June 30 for membership approval. The annual budget shall be presented to the membership in June of each year. Annual Budget line items include office/staff compensation, book-off, office rental, office utilities, and International Union per capita taxes.

The Fin-Sec, shall. By virtue of the office, be a delegate to the International Convention.

                                                        Article 8

                                                 Executive Board

The Executive Board shall supervise and direct the management of the L.U. The Executive Board meetings shall be held monthly one week before the regular membership meeting. The President, with the approval of the Executive Board, shall set the meeting times, dates, and location. The minutes shall be made a matter of record at the first meeting of the L.U. The Executive Board shall be empowered to call special meetings of the L.U. to consider any matter which, in the judgment of the Board, warrants calling a special meeting.

The majority of member of the Executive Board shall constitute a quorum for the transaction of business.

The Executive Board shall constitute the Grievance Committee and shall consider all grievances and complaints. Executive Board Officers shall have full knowledge of all grievances and complaints and shall participate, if needed, in all steps of the grievance procedure as directed by the President/Business Agent. The Executive Board shall make a recommendation to the membership on the question of arbitration of all grievances, and the Executive Board’s recommendations shall be voted on at the next membership meeting.

The Executive Board Members from each Location and Classification are the primary contacts for members at their respective worksites, handling all grievances, complaints, and other matters in their respective workplaces, as assigned by the President/Business Agent.

Shop Stewards are not members of the Executive Board, nor do they constitute an Executive Board that could overturn any action thereof.

                                                         Article 9

                                                   Shop Stewards

Shop Stewards are elected positions. There shall be three (3) shop stewards for operators and two (2) Shop stewards for maintenance at each location. Shop Stewards shall report directly to the President/Business Agent or designee.

Shop Stewards shall be knowledgeable about the collective bargaining agreement, grievance procedure, International Constitution and General Laws, the L.U. Bylaws, work rules, and regulations. Shop Stewards shall be prepared to advise members.

Shop Stewards shall promote the cause of trade unionism, and encourage fellow employees to become L.U. members

Shop Stewards shall represent the best interest of the L.U. members when dealing with the employer representatives.

Shop Stewards shall file grievances on behalf of members, only after being assigned to do so by the President/Business Agent or appropriate Executive Board member, as directed by the President/Business Agent.

                                                 Article 10

    Nomination and Election of officers and Delegates to the ATU Convention

Section 1 – The nomination of candidates for all offices at local 1637 shall take place at the regular monthly meetings during the month of May, each third year, beginning May 2018. Those elected will take office on the 1st of July.

Section 2

(a)  The President/Business Agent, Vice President, and Financial-Recording Secretary Treasurer may be nominated by any member in good standing of Local 1637. The President/Business Agent will be the First Delegate to the International Convention; the Fin-Sec will be the Second Delegate; and the Vice President will be the Third Delegate; and the ballots shall so state with each of these offices. If the L.U. is entitled to a fourth delegate and/or wishes to elect an alternate delegate, such position may also be included in the regular election.

(b)   The Operator Executive Board Members and Maintenance Executive Board Members from each Location must be nominated by a member from his/her respective Location and Classification.

(c)   Shop Stewards must be nominated by a member from his/her respective Location and Classification.

(d)  No nominee’s name shall be placed on the ballot unless his/her written acceptance is received by the Financial-Recording Secretary Treasurer with in seventy-two (72) hours after the meeting at which the nominations occurred. It is the responsibility of the member nominated to get this acceptance letter signed and summitted within the 72 hours.

Section 3 – Any member, to be eligible as a candidate must have been a member of Local 1637 in continuous good standing for a period of two years or more immediately prior to the nomination meeting.

Section 4 – A nomination, having been made from the floor, must be written, and signed by the nominator and immediately placed on file with the Financial-Recording Secretary Treasurer.

Section 5 – When only one (1) eligible candidate is nominated for an office, the Financial -Recording Secretary Treasurer shall be instructed to cast a unanimous vote for the candidate, and he/she shall be declared elected.

Section 6 – In the event the offices of the Vice President, Financial-Recording Secretary Treasurer or Executive Board Members become vacant with less than twelve (12) months remaining in the officer’s term, the President/Business Agent shall appoint the replacement, with the approval of the Executive Board. If the vacant position has more than twelve (12) months remaining in the term, the nominations of candidates for the vacant office and the remaining term shall take place at the next regular membership meeting, and the election shall be conducted in accordance with Article 10 of these Bylaws.

Section 7

(a)  The Financial-Recording Secretary Treasurer shall post the names of all candidates on the bulletin boards at all work locations within five (5) days after the nomination written acceptance time frame is over.

(b)  The Financial-Recording Secretary Treasurer shall have ballots printed containing the names of all eligible candidates nominated. The Election Committee shall be supplied with ballots in sufficient number to be furnished to each member eligible to vote thereon.

(c)   The election and counting of ballots shall be under the supervision of the Election Committee consisting of at least four (4) members to be appointed by the President/Business Agent, subject to the approval of the membership present at the first nomination meeting. No member of the Election Committee will be a candidate for any office that is open,

ELECTIONS

Section 8 – The election of Officers and Shop Stewards of Local 1637 shall be by means of the direct primary written ballot at each work location.

(a)  Beginning with the 2021 election cycle, the election for candidates in the primary election shall be on the tenth (10) day of June. The polls will be open at each location where voting is to take place from 6:00am to 7:00 pm. The election committee will bring the ballots to the union office to be counted when the polls close at 7pm.

(b)  Each member in good standing shall be entitled to cast one (1) ballot for the candidate he/she desires for each and every office in accordance with these Bylaws. For the Executive Board positions and Shop Steward positions which are specific to each location and classification, members will vote only for the candidates for their respective location and classification.

(c)   Any Candidate receiving the majority of all ballots cast for a position in this primary election shall be declared elected. If no candidate receives a majority of the total votes cast, the two candidates receiving the highest number of votes shall proceed to a run-off election.

(d)  In case of a tie for the second spot, the run-off election will be between the three candidates. If no candidate then gets a majority in the run-off election, that office will be declared vacant and filled pursuant to Article 10, Section 6. If no majority is reached by any candidate for the President/Business Agent, then a new nomination and election process will be held, and the duly elected Vice President shall fill that office until a President/Business Agent is elected. The Executive Board will set the dates for the nomination and election for such a special election.

Section 9 – If any of the dates herein specified fall on a Saturday, Sunday or a day recognized as a holiday, the Financial-Recording Secretary Treasurer shall decide to use either the last working day immediately prior or subsequent to the date affected as an alternate and the dates will be specified in the notification sent to all members prior to the nomination meeting.

RULES AND REGULATIONS FOR HOLDING ELECTIONS

Section 10 – The election of Officers and Delegates to the ATU Convention and Shop Stewards shall be conducted in strict accordance with the following rules:

The President/Business Agent, at the 5:00pm session of the nominating meeting held at the L.U. Office, shall appoint an Election Committee consisting of at least four (4) members, subject to the approval of a majority of those attending that nominating meeting.

Section 11 – Each member of the L.U. in good standing, in accordance with the International Constitution and General Laws, and whose name appears upon the voting list prepared by the Financial-Recording Secretary Treasurer, shall be entitled to vote at all elections of this Local.

(a)  No names will be placed upon the voting list by the Financial-Recording Secretary other than those appearing as members upon the books of the L.U.

(b)  No votes will be accepted by the Election Committee for counting unless the name of the members on the voting list has been given by the Financial-Recording Secretary Treasurer to the Election Committee unless after checking with the Union office it is found that the eligible voter was left off of the list in error. Such name may then be added on instruction of the Financial-Recording Secretary Treasurer.

(c)    Anyone appearing at the polls who is not listed on the eligibility list who challenges their exclusion from the list, will be allowed to submit a “challenged ballot”. His or her ballot will be placed inside an envelope, with his or her name and the basis for the challenge written on the outside of the envelope. Every challenge ballot will be verified at the L.U. office before the ballots are counted. If it is found that the person is a member eligible to vote, the envelope will be opened, and the ballot placed in the ballot box. If it is found that the person is not eligible to vote, the envelope will not be opened, but will be retained unopened with all the records of the election.

(d)  In accordance with paragraph (b) the Financial-Recording Secretary Treasurer will furnish the Election Committee with a list of all eligible voters.

(e)  It shall be the duty of the Chairman of the Election Committee to compare the lists for each of the two locations and to ensure there is no duplication of names (i.e., no member’s name appears on both list).

(f)    It shall be the duty of the Financial-Recording Secretary Treasurer to provide the Election Committee with Sufficient ballots for each and every member entitled to vote.

(g)  Ballots shall be created and distributed so that  for the positions of Executive Board Members for each Location and Classification, and for Shop Stewards, members will vote only for those positions that correspond to their Location and Classification.

Section 12 – Procedures for Voting at the Polls.

(a)  The Election Committee shall prepare a Ballot for each eligible voter. A roster shall also be prepared listing each eligible voter. Enough ballots will be prepared to assure voters may receive a second ballot in the event the first is ruined or defaced.

1. Upon receipt of the Ballot, the voter will mark his/her choice upon the ballot and place the Ballot directly in the Ballot Box. The voter will then immediately leave the voting area. During voting, the Ballot Box will be in the custody of the Election Committee.

(b)  No ballots shall be removed from the Ballot Box until it is at the L.U. office, which is where the count will be held. All candidates for office, their observers, and any other members shall have the right to be present in a designated area when ballots are removed from the Ballot Box at the place for counting. The Election Committee will oversee transfer of the Ballot Box(es) to the Union office.

(c)   The number of Ballots that were given to each of the Election Committee teams (2 members minimum at each Location) for each Location will be noted. For example, if 500 ballots were signed for to take to the yard and 356 members voted, as per the voter log, 144 ballots should be accounted for. A report of the number of voters and ballots will be given to the Financial-Recording Secretary Treasurer, and only after the ballots are accounted for and this report is made, will the Ballots be removed from the box. Unused ballots will be accounted for by the Election Committee and provided to the Financial-Recording Secretary Treasurer.

(d)  If a duplicate Ballot is given to a member because the Ballot is ruined or defaced, the Committee will mark on the voter log that a second Ballot was given. The ruined or defaced Ballot must be put in an envelope, the envelope marked as containing a defaced ballot, and put aside to be retained with all records of the election. If any member asks for a new Ballot but does not turn in the old Ballot, the member may not receive a second ballot until the ruined or defaced ballot is turned in.

(e)  Election notices shall be posted on the bulletin board and sent to each member’s last known address a minimum of fifteen (15) days prior to the election. The posting and notices will list all the offices that will be open and the dates, time, and location of polling places.

Section 13 – Sample ballots will be posted on the Union bulletin boards at all work locations five (5) days prior to the election.

Counting of Ballots

Section 14 – As soon as all ballots have been received from the polling places and the Election Committee has verified that all ballots have been accounted for. As described above, the Election Committee shall combine all ballots and proceed to count them, assisted by Inspectors and clerks as necessary and chosen by the Chairman of the Election Committee.

Section 15 -  After the ballots have been counted and tabulated, the Election Committee shall submit to the Financial-Recording Secretary Treasurer an official written and signed report certifying the results of voting for each candidate for the various offices.

Section 16 – Any candidate receiving a majority of all votes cast shall be declared elected to the office for which they were a candidate.

Section 17 – Counting of the ballots shall be conducted in a place that will permit candidates, their observers, and other members to observe the procedure and witness that the results certified are correct. However, candidates, observers, and other members must stay in a designated area and will not be permitted to interfere with the process.

Section 18 – The ballots, tally sheets, roster, voting lists, unused or spoiled ballots, records, etc., shall be sealed in a appropriate box and kept for a period of one (1) year, If the International Union or any federal or state authority requires that election materials be retained for longer than one year, the L.U. will comply with this direction.

                                                                 Article 11

                                         Un-expired Term of Office

Should any elected office become permanently vacant with twelve (12) months or less remaining before the next regular election, the President/Business Agent shall appoint a member to the office, subject to the approval of the Executive Board.

Should any elected office become vacant with more than twelve (12) months remaining before the  next regular election, an interim election shall be held, pursuant to the procedures described in Article 10 of these Bylaws.

                                                       Article 12

                                 Membership Requirements

Application for membership must be made on forms provided and authorized by the International Union. Prospective members must sign a dues deduction card to be submitted to the employer payroll department.

It should be the responsibility of each member to immediately notify the Financial-Recording Secretary Treasurer of any change of address.

                                                     Article 13

                                 Dues and Initiation Fees

The minimum dues of the L.U. shall be $32.34 per pay period (26 times a year) and shall be adjusted annually as required by the International Constitution and General Laws.

Initiation fees are to be determined by the Executive Board, but in a case shall they be less than $2.00 or more than $500.00.

                                                     Article 14

                               Grievances and Arbitration   

The Executive Board is the Grievance Committee. Prior to any grievance being taken to arbitration, the Executive Board must vote to recommend or advised against a grievance moving forward to arbitration. The Executive Board shall present its finding to the membership for a vote by secret ballot. Approval must be by majority vote, in person, at the regular monthly membership meeting of the L.U. The cost of such arbitration shall be automatically assessed among all members of the L.U.

When a grievance is determined to be non-sustainable or without merit, a letter shall be sent to the grievant at his or her last known address on record with the L.U. Such notification shall be sent by U.S. First Class Mail informing the member of such determination.

The member shall have the right to appeal such determination to the Executive Board or General Membership at the next regular scheduled Executive Board meeting or General Membership meeting. Such appeal shall be in the form of a letter to the Fin Sec and must be received within fourteen (14) calendar days from the day next following the date such notification was sent to the member, Future, the letter of appeal sent by the member is required to be sent by U.S. Certified Mail, returned receipt requested.

The letter shall conform to the following:

Your grievance has been reviewed. Based on the evidence you presented with your grievance and our investigation, the Local has decided not to pursue your grievance any future. In accordance with our Local Bylaws, you have the right to appeal this decision to the Executive Board or to the General Membership of Local 1637.

In order to appeal this decision, you must submit a letter by U.S. Certified Mail, return receipt requested, to the Financial-Recording Secretary Treasurer, no later than 14 calendar days from the date of this notification.

                                                   Article 15

          Compliance with International Constitution and General Laws

These Bylaws are subject to amendment, change, or modification only as set forth in the ATU International Constitution and General Laws. Proposed amendments shall be presented in writing to the Executive Board of the L.U. at least five (5) days prior to the regularly scheduled membership meeting.

Robert’s Rules of Order shall govern at all times in matters of this L.U. and are not in conflict with the International Constitution and General Laws or the Bylaws of this L.U.

                                                       Article 16

                                           Disclaimer of Authority

No Member, agent, representative or officer of this L.U., or any other entity shall have the power or authority to represent, act for, accept legal service for, commit, or bind this L.U. in any matter or proceeding except upon express written authority having been granted therefor by the L.U. President/Business Agent, the L.U. Executive Board, or by authority granted by the International Constitution and General Laws.

                                                              Article 17

                                       Membership Meetings/Quorum

The monthly membership meeting should be held on the third week of the month. The meeting time and days should be decided by the membership the following week of a bid by a survey. The most requested times will be the days and times of the monthly meeting for the duration of the bid. The Executive Board shall meet monthly prior to the regular membership meeting, at the time designated by the Executive Board.

The order of business at the regular monthly meeting shall be in accordance with Section 13.16 of the International Constitution and General Laws.

A cumulative total of ten (10) Members shall constitute a quorum. If no quorum is reached at the regular monthly meeting, all the actions of the Executive Board, which would have been reported to the membership at those meetings, shall become final and binding on the L.U. without further action by the membership. Only members in good standing shall be counted for a quorum and be allowed to vote.

                                                          Article 18

                                                  Funeral Fund

There shall be a standing Funeral Fund from which sympathy gifts in the amount of $100.00 each for the death of a member’s spouse, domestic partner, child or stepchild, parent or stepparent, or legal guardian, brother or sister, stepbrother, stepsister, current mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparent, spouses’ grandparent. grandchild, spouse’s stepparent, foster child, foster parent, and child’s current spouse will be dispersed to members upon their application and proof of relationship to the deceased.

                                                                 Article 19

                           Negotiation of Contracts and Settlements

Proposals affecting seniority, wages, hours, or working conditions of the members of this local shall be negotiated in the manner hereinafter set forth.

No less than three (3) members of the Executive Board shall be appointed to serve with the President/Business Agent on the negotiating committee. A steward or spokesperson in a job classification covered under the present Collective Bargaining Agreement may be approved to serve on the negotiating committee in place of one of the Executive Board members.

Ratification votes of any proposed agreement will be conducted with only active members in good standing from that employer. In case of a tie, the President/Business Agent will cast the deciding vote.

Officer Name                          Signature                                                   Date

Terry Richards            _________________________                    ____________

Sandra Adams            _________________________                    _____________

Timothy Bush            __________________________                   ______________

Tanisha Tatum-Watson __________________________             ______________

Armin Garcia                ___________________________              _______________

Wendell Dumas          ___________________________               _______________

Jeffrey Frey                 ____________________________              _______________