ILWU

 
Proposed Constitution Amendments
NEW CONSTITUTION CHANGES POSTED MAY 2012
ALL CHANGES ARE IN RED:

PROPOSED AMENDMENTS TO THE
INTERNATIONAL LONGSHORE & WAREHOUSE UNION,
LOCAL 94 CONSTITUTION
[Each proposed amendment spelled out twice; first with deletions/additions
noted, followed by text as it will appear if amended as proposed.]

1.   Adding San Diego and Port Hueneme to jurisdiction.

Article I, Section 2.  Name and Object [adding San Diego & Port Hueneme], page 3
           
           A. Proposed deletions and additions:
Section 2. The object of this union shall be to unite all foremen of stevedoring operations; ship, barges, dock, rail, warehouse, car, general and marine work of Los Angeles, and Long Beach, San Diego and Port Hueneme harbors, and such additional ports as the charter covers for the purpose of securing unity of action.

            B. Text if proposed amendments approved:
Section 2. The object of this union shall be to unite all foremen of stevedoring operations; ship, barges, dock, rail, warehouse, car, general and marine work of Los Angeles, Long Beach, San Diego and Port Hueneme harbors, and such additional ports as the charter covers for the purpose of securing unity of action.

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2.  Revising duties of Election Board, time polls open.

Article III, Section 8.  ELECTION BOARD [revisions to subsections “b, c, and g”], page 8

            A. Proposed deletions and additions:
b.  The duties of the Election Board shall be to observe and monitor the conduct of elections, and to cooperate and assist with the third-party election firm retained by the Local to conduct elections to have full and complete charge of the elections in the Local in accordance with the rules of the Local. 

c. In coordination with the third-party election firm, they shall have charge of the Ballot Box and Ballots, machines (if voting machines are used), until completion of their tally, and after the ballots have been tallied, they shall be returned to the ballot box, sealed, and placed in the care of the Secretary-Treasurer.

g.  On Election Days, the polls shall be open continuously from 7 6 a.m. to 7 p.m.

            B. Text if proposed amendments approved:
b.  The duties of the Election Board shall be to observe and monitor the conduct of elections, and to cooperate and assist with the third-party election firm retained by the Local to conduct elections in accordance with the rules of the Local. 

c. In coordination with the third-party election firm, they shall have charge of the Ballot Box and Ballots, machines (if voting machines are used), until completion of their tally, and after the ballots have been tallied, they shall be returned to the ballot box, sealed, and placed in the care of the Secretary-Treasurer.

g.  On Election Days, the polls shall be open continuously from 6 a.m. to 7 p.m.
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3.  Revising date for officer run-off elections.

Article V,  Section 1.  ELECTION OF OFFICERS [revision to subsection "c"], page 9

            A. Proposed deletions and additions:
c.  In the event that no candidate receives a majority of the votes cast, a "run off" election shall be held one (1) week within  ten (10 ) days and the candidate receiving the highest number of votes shall be elected.

            B. Text if proposed amendments approved:
c.  In the event that no candidate receives a majority of the votes cast, a "run off" election shall be held within  ten (10 ) days and the candidate receiving the highest number of votes shall be elected.

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4.  Clarifying provision for absentee ballots.

Article VI,  Section 1.  ABSENTEE BALLOT [revision to subsection "a"], page 10

            A. Proposed deletions and additions:
a.  Sick and injured members and those away who wish to vote in an election, can do so by applying to the Secretary-Treasurer for an absentee ballot, and instruction for returning same in time to be tabulated. A member is "away" for purposes of this section if the member is on an official vacation (as recognized by the Union) or is otherwise geographically distant from the place of voting so as to make voting at the designated place of voting impossible, for reasons beyond his or her control such as, for example, jury duty, national guard active duty, etc.

          B. Text if proposed amendments approved:
a.  Sick and injured members and those away who wish to vote in an election, can do so by applying to the Secretary-Treasurer for an absentee ballot, and instruction for returning same in time to be tabulated. A member is "away" for purposes of this section if the member is on an official vacation (as recognized by the Union) or is otherwise geographically distant from the place of voting so as to make voting at the designated place of voting impossible, for reasons beyond his or her control such as, for example, jury duty, national guard active duty, etc.

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PROPOSED AMENDMENTS TO THE
INTERNATIONAL LONGSHORE & WAREHOUSE UNION,
LOCAL 94 BY-LAWS

1. Adding, clarifying Local funds.

Article III,  LOCAL FUNDS, Section 1 [revisions to subsections “a," " b," and "d;" deleting "f"],
pages 16-17

            A. Proposed deletions and additions:
a.  This Local shall have the following named funds, administered by the President, Secretary-Treasurer and the Board of Trustees: (1) General Fund; (2) Welfare Fund;(3)/Death and Burial Fund; (3) Political Action Fund, (4) Legal, (5) Strike, and (6) Escrow.

b.  The funds named in subsection (a) may be kept in multiple separate accounts, to avoid Tthe amount of money held in any account exceeding the amount guaranteed by the Federal Deposit Insurance Corporation. in the General Fund shall not be above one hundred thousand dollars ($100,000.00).

d.  Unless provided otherwise in the Constitution or these By-Laws, nNo withdrawals or transfers of monies from any fund shall be made except on the signatures of the President and Secretary-Treasurer upon orders of the membership of this Local.

f. The amount of money in the Death and Burial Fund shall not be above one hundred thousand dollars ($100,000).

            B. Text if proposed amendments approved:
a.  This Local shall have the following named funds, administered by the President, Secretary-Treasurer and the Board of Trustees: (1) General Fund; (2) Welfare Fund/Death and Burial Fund; (3) Political Action Fund, (4) Legal, (5) Strike, and (6) Escrow.

b.  The funds named in subsection (a) may be kept in multiple separate accounts, to avoid the amount of money held in any account exceeding the amount guaranteed by the Federal Deposit Insurance Corporation.

d.  Unless provided otherwise in the Constitution or these By-Laws, no withdrawals or transfers of monies from any fund shall be made except on the signatures of the President and Secretary-Treasurer upon orders of the membership of this Local.


2.  Clarifying Procedure for Amending By-Laws:

Article VIII,   AMENDING THE BY-LAWS, Section 1 [revisions to subsection "a"], page 18

            A. Proposed deletions and additions:
Section 1.
a. No article or section of the By-Laws shall be amended unless a written statement of such amendment be posted in the Dispatch Hall and Business Office for a period of five (5) days prior to a regular meeting, and read before two (2) regular meetings of the Local.  To carry such an amendment at a meeting, one half (1/2) of the members in good standing shall be present and two-thirds (2/3) of those voting shall be in favor of the proposed changes. Alternatively, amendments to these By-Laws can be amended by referendum election pursuant to the same procedure as provided in Article XII of the Constitution for amending the Constitution, provided the notice requirements set out above are complied with.

            B. Text if proposed amendments approved:
Section 1.
a. No article or section of the By-Laws shall be amended unless a written statement of such amendment be posted in the Dispatch Hall and Business Office for a period of five (5) days prior to a regular meeting, and read before two (2) regular meetings of the Local.  To carry such an amendment at a meeting, one half (1/2) of the members in good standing shall be present and two-thirds (2/3) of those voting shall be in favor of the proposed changes. Alternatively, amendments to these By-Laws can be amended by referendum election pursuant to the same procedure as provided in Article XII of the Constitution for amending the Constitution, provided the notice requirements set out above are complied with.

 

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PROPOSED AMENDMENTS TO THE
INTERNATIONAL LONGSHORE & WAREHOUSE UNION, LOCAL 94 CONSTITUTION
[ESTABLISH AND MAINTENANCE OF A POLITICAL ACTION COMMITTEE]


Article III, Section 1. PRESIDENT [add new subsection “o”], page 4


o. Serve as a member of the Political Action Committee, and serve as the Committee’s Chairperson and Assistant Treasurer. As the Committee’s Chairperson and Assistant Treasurer, the President shall have the duty to call and conduct meetings of the Committee, and to assist the Committee's Treasurer in maintaining records and filing reports as required by law.

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Article III, Section 3. SECRETARY-TREASURER [add new subsection “q”], page 6


q. Serve as a member of the Political Action Committee and serve as the Committee’s Treasurer, with the duty of maintaining records and filing reports as required by law.

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Article III, Section 10. POLITICAL ACTION COMMITTEE [add new section 10], page 9


a. The Local shall establish and maintain a Political Action Committee that may endorse candidates and measures and make lawful expenditures in state or local political campaigns. This committee shall be known as the ILWU Foremen's Union Local 94 Political Action Committee. This Committee shall consist of the Local President, the Local Secretary-Treasurer and three other members appointed from the Executive Board. The Local President shall serve as the Committee’s Chairperson and Assistant Treasurer. The Local Secretary-Treasurer will serve as the Committee's Treasurer.


b. The Committee shall establish and maintain a fund that is segregated from all other funds of the Local. The Committee's funds shall be collected as follows. All fines collected from members shall be promptly transferred to the Committee, unless and until the Committee determines to temporarily suspend such transfers. If the Committee determines that additional funds are necessary, the Committee can propose to the Executive Board that additional sources of revenue be collected, which proposal must be approved by a majority vote of the membership before being implemented. Additionally, the Committee may solicit and accept voluntary contributions from members over and above their dues, assessments or fines, provided such contributions are lawful and are solicited in compliance with law.


c. This fund may be used to endorse candidates and measures and to make contributions and/or independent expenditures to state or local political parties, candidates, ballot measures and political committees in compliance with the law. Decisions about which candidates and measures to endorse, and what expenditures to make in support of or in opposition to candidates or measures shall be made upon approval of a majority of those members voting in a membership meeting, except if the Committee determines that an urgent decision is necessary on expenditures from this Fund, the Committee may seek approval for such expenditure from the Executive Board, which shall determine whether to approve or reject the Committee's proposal itself without a full membership vote, or to require full membership approval. This fund may not make expenditures in federal elections. The Committee shall make decisions regarding its expenditures independent of and separately from the ILWU International Political Action Fund, and from any other Political Action Committee controlled by any other ILWU Local or entity.

d. The Committee shall retain a third-party campaign finance reporting firm to file reports with government agencies concerning its receipts and expenditures, and to maintain records and accounts necessary to that function. The Committee may designate a person from such a firm to act as second Assistant Treasurer to the Committee, provided the Committee retains control and oversight of the firm's activities, and the firm's transactions on behalf of the Committee are readily accessible to and provided on request to the Committee, the Trustees and the Locals' accountant and auditor. Fees charged by this firm, and also any other legal or accountant's fees pertaining to the Committee's activities may be paid by funds in the Committee's separately segregated fund, or in the Local's general fund or legal fund, as directed by the Committee, in conjunction with the Trustees.

 
 
 
PREVIOUS CONSTITUTION CHANGES
Section 1.  The list of officers and committees to read as follows:
The elective officers of the Local shall be:  
President
Vice-President
Secretary-Treasure
Three (3) Trustees
Sergeant-at-arms
District Council Representatives
The Local shall have the following committees:
Executive Board, fifteen (15) members, plus the President, Vice-President, and
Secretary-Treasurer.
Labor Relations Committee, three (3) five (5) members, plus the President and
Secretary-Treasurer.
Article III
Section 7: LABOR RELATIONS COMMITTEE.
a.  The Labor Relations Committee shall consist of the President, Secretary,
     and three (3) five (5) rank and file members.  The Committee shall include one Area
     Representative from the Port of San Diego and one from the Port of Port Hueneme.
     selected from among the registered foremen in their home ports and shall receive
     reasonable notice and opportunity to participated in Committee discussions and
     actions concerning their home ports only.  All meeting and actions of the Committee
     shall be reflected in a single set of minutes.
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