AMERICAN
TRAIN
DISPATCHERS
ASSOCIATION
The purposes of
this Association shall be to unite Train Dispatchers and other employees in the
transportation industry in one fraternal organization to the end that there may
be coordination in the protection of their mutual interests; to promote their
social, moral and intellectual standing and general welfare; to secure just
compensation for their services and promote the establishment of just and
reasonable working conditions.
Recognizing
that our rights and interests are interwoven with those of our Government, our
fellow citizens, our employers and all members of our crafts, we do hereby
acknowledge our responsibility to rigidly adhere to truth, justice, and
morality and to practice charity in our dealings with our fellow men; to
promote the efficient and economical operation of the railroads and other
industries.
The aim of the
Association shall be cooperation in the accomplishment of these principles, the
cultivation of harmonious relations between its members and their employers and
the fulfillment of every obligation it may assume. The use of any
gender-specific term in this Constitution and By-Laws is not intended to
restrict the application of its terms to a particular gender, but is solely for
the purpose of grammatical convenience and clarity.
CONSTITUTION
and
BY-LAWS
ARTICLE
I
Organization
Sec. 1. Name.
This
organization shall be known as the American Train Dispatchers Association.
Sec. 2. Headquarters.
a. The National Headquarters of this
Association shall be located at a point designated by the Joint Board.
b. The
headquarters of the President and Secretary-Treasurer shall be at the National
Headquarters of the Association.
c. The headquarters of the Vice Presidents and
members of the Board of Trustees shall be at their respective homes except as
may otherwise be determined by the Joint Board.
Sec. 3. Government.
a. The General
Assembly is the supreme authority of the Association and shall be empowered to
act via
(i) The Executive Board may submit any question
to the General Assembly for decision;
(ii) Any minority member of the Executive Board
may appeal any majority decision of the
Executive Board to the General Assembly for review and decision;
(iii) A petition signed by twenty-five (25) or more
delegates shall remove any matter under consideration from the jurisdiction of the Executive Board
and refer it to the General Assembly or bring new business before the General
Assembly for action or initiate a “vote of confidence” in the Executive Board’s
conduct of Association affairs.
b. Between
Assemblies the voting record of delegates shall be published in THE TRAIN DISPATCHER; provided: that any succeeding
provisions of this Constitution and By-Laws shall be subject to the
requirements of this Section.
ARTICLE
II
Membership
Sec. 1. Active and Active-Extra
a. Any person of good moral character, who is
employed in any classification of employees represented by the Association will
be eligible for membership in this Association.
b. A person who receives compensation is
eligible for active membership only, except as provided in sub-section c below.
c. A person holding a full time position in
another craft, maintains full membership in the
d. Members elected President,
Secretary-Treasurer, or Vice President or appointed to employment with the
Association shall not lose their membership status as a result of their
election or appointment.
e. In cases where a member’s compensation is
substantially reduced due to illness, disability, or disciplinary action by an
employer, dues and assessments may be waived, upon request by the General
Chairman and may be approved by Secretary-Treasurer.
f. Active and Active-Extra members who are
promoted to official or excepted positions shall have no voice, vote, or
participation in Association affairs, either National or System, for as long as
they hold such official or excepted positions.
Sec. 2. Associate.
a. Any person of good moral character who has
been a train dispatcher but who is not employed as a train dispatcher or
employed in a craft or class represented by the Association but who is no
longer employed as such at the time of making application will be eligible for
associate membership.
b. An associate member who resumes service in
any classification embraced by the term “train dispatcher” or any craft or
class represented by the Association shall transfer to active or active-extra
membership. He shall make such transfer within thirty (30) days after return to
such service. In transferring to active membership, he shall pay Active dues
for the remainder of the current dues paying period pro-rated on a monthly
basis. In transferring to active-extra membership he shall pay the active-extra
dues covering the remaining period of the current dues-paying period pro-rated
on a monthly basis.
c. Associate members may not hold office or vote
and shall be entitled to social benefits only. They shall not be subject to or
liable for special assessments.
d. Members in
good standing upon retirement shall be granted complimentary associate
membership.
Sec. 3. Application.
a. Any person
desiring membership in this Association shall file with the Secretary-Treasurer
a written application on the prescribed form provided by the
Secretary-Treasurer, and must be recommended by at least two members in good
standing.
b. Upon receipt
of application, if no protest is on file, the Secretary-Treasurer shall issue a
membership card with the full understanding that should written protest be
filed with the Secretary-Treasurer, signed by five or more members in good
standing, objecting to the admission of the applicant into the Association, he
shall stand rejected, his fees and dues be returned to him, and he shall
surrender his membership card, provided that such protest is filed within
ninety (90) days after the issuance of such membership card.
c. Protest in
writing may be filed with the Secretary-Treasurer against the acceptance of an
applicant as a member and shall be considered a valid protest if signed by five
or more members in good standing. If such a protest is on file with the
Secretary-Treasurer at the time an application is received, the application
shall be rejected. Any person so rejected cannot again make application for a
period of one year from the date of rejection.
d. A protest
filed with the Secretary-Treasurer as provided in this Section may be withdrawn
by the same members who signed the protest.
e. If the
application is accepted the applicant shall be so notified and furnished with a
copy of the Constitution and By-Laws of the Association, with instructions to
examine the same and to make himself familiar with the provisions thereof and
the obligations therein assumed.
Sec. 4. Initiation Fee and
Dues.
a. (1) The initiation fee shall be One Hundred
Fifty Dollars ($150.00) for Active membership and Seventy-Five Dollars ($75.00)
for Active-Extra membership. These fees
shall be refunded to the Custodian of the System Fund on each road on which a
System Fund has been established.
(2) A member in good standing whose
employment changes from one employer to another shall have his membership
transfer from one system to the other and shall not be required to pay the
initiation fee again. However, a member
under these circumstances who is not in good standing shall be required to pay
the initiation fee again, plus any back dues from the previous employment. The
initiation fee may be waived with written request from the General Chairman to
the Secretary-Treasurer.
(2) The monthly
National dues for active members holding positions rated less than $136.00 per
day shall be determined annually by multiplying the average total daily rate of
pay (eight hours straight time pay plus all daily allowances) in effect on July
1 for each craft by .295 and rounding up to the next five cents, provided such
dues shall not be less than what was in effect on the previous June 30.
c. National
Dues of Active-Extra members shall be fifty percent (50%) of the Active dues
per month.
d. Dues of
Associate members shall be Twenty-Five Dollars ($25.00) per annum.
e. System Fund
dues established pursuant to Section 14 of Article XI on each road shall be
added to the National dues and the full amount remitted to the
Secretary-Treasurer. The
Secretary-Treasurer shall refund to the custodian of the System Fund on each
road all amounts in excess of National dues and fines which have been received
by him.
f. Dues are
payable monthly in advance but dues of Active and Active-Extra members may be
paid annually, semi-annually or quarterly should a member so elect. For new Active members, dues shall be
computed from the first day of the month in which he becomes eligible for
membership pursuant to Sec. 1 of this Article.
New members applying for Active Membership shall make application for
same within thirty (30) days of the date he becomes eligible for membership
pursuant to Sec. 1 of this Article.
g. An
Active-Extra Member who becomes eligible for Active membership pursuant to Sec.
1 of this Article, shall transfer to active membership by payment of active
dues computed from the first day of the month in which transfer is made.
h. All money
sent to the Secretary-Treasurer must be in the form of express or post office
money order, bank draft, or check made payable to the American Train
Dispatchers Association.
i. Any
increases in the rates of initiation fees and dues of the Association shall be
established by the delegates at regular sessions of the General Assembly. In the event that increases in the rates of
initiation fees and dues are made the subject of consideration in any call of a
special session of the General Assembly, not less than thirty (30) days’
written notice of such proposed increases shall be given to all delegates to
such special session of the General Assembly.
Sec. 5. Assessments.
a. Whenever the
equity of the Association falls below Five Hundred Thousand Dollars
($500,000.00), assessments may be levied within six (6) months by the
President, with the approval of the Joint Board, and said assessment shall be
paid by all members in such amounts and in such manner as may be necessary to
restore and maintain an equity of Five Hundred Thousand Dollars
($500,000.00). Determination of equity
amount shall exclude the net value of non-liquid or fixed assets such as, but
not limited to: Advance to American
Train Dispatchers Improvement Association; Expense advance to officers; Prepaid
Insurance; Commissions and other expenses.
The amount of each assessment and the manner and time limit for payment
shall be determined by the President with the approval of the Joint Board,
provided, however, that such assessments shall be effective only until the next
session of the General Assembly.
b. Whenever the President deems it necessary to
call for an assessment other than that provided for in paragraph (a) of this
section, he shall notify members of the Joint Board of same. If the Joint Board
approves the recommendation of the President by majority vote, the
Secretary-Treasurer shall then send a circular and ballot to each member of the
Association in good standing (except associate members) calling for a
referendum vote by secret ballot of the entire membership of the Association,
and specify the reason for said assessment. A majority of all votes cast shall
be required to legalize such national assessments. When such a referendum
ballot is spread, ballots must be returned to the Secretary-Treasurer within
thirty (30) days from date of ballot. If a majority of all votes cast are in
favor of the assessment, the Secretary-Treasurer shall notify the Joint Board
within ten (10) days from close of balloting and shall then proceed to levy the
assessment on all members, setting a time limit for payment.
c. No National or System dues shall be accepted
by the Secretary-Treasurer or credited by him on the record of any member,
following the date or dates any assessments provided for in this section become
due, until the assessments due from such members are actually received by the
Secretary-Treasurer.
Sec. 6. Maintenance of Good
Standing.
a. Membership in good standing in this
Association includes any person who has fulfilled the requirements for
membership and who has not become ineligible for continued membership, or has
been suspended or expelled as provided in the Constitution and By-Laws.
b. Members who fail to pay dues, both National
and System, in accordance with Sec. 4 of this Article will be considered
delinquent and will be so notified by the Secretary-Treasurer. The failure of the Secretary-Treasurer to
notify such delinquent member will not constitute an excuse not to pay
dues. Should such delinquent member fail
to pay dues within one calendar month after becoming delinquent, a penalty of
ten percent (10%) per month of the total delinquency for each month or fraction
thereof or the maximum amount permitted by law, whichever is lower, shall be
imposed until the delinquency is cured.
If a special assessment has been levied, it shall be payable by those
upon whom levied with the time limit prescribed by the assessment notice. Members who are delinquent or have not paid
fines or penalties imposed in accordance with this Constitution and By-Laws are
not entitled to any voice, vote or participation in Association matters, either
National or System.
c. Dues, fees, assessments and fines shall
constitute a legal liability by a member to the organization. Costs associated with prosecuting charges in
connection with a member’s failure to satisfy his obligations to pay dues,
fees, assessments and/or fines shall constitute a legal debt by such member.
Sec. 7. Members leaving the
Service.
Active or
Active-Extra members who have left the service may transfer to Associate
membership at the end of the period through which dues have been paid by making
application to the Secretary-Treasurer.
NOTE: Incumbents of Chief Train
Dispatcher positions are not recognized as officials by this Association.
Sec. 8. Reinstatement of
Suspended or Expelled Members.
Any person
expelled from membership for nonpayment of dues or assessments as heretofore
provided may be reinstated only upon re-application for membership and payment
of all financial obligations owed the Association. Any person who has been
suspended or expelled from membership in the Association pursuant to the
provisions of Articles XIV and XV or Section 10 of Article III of this
Constitution and By-Laws may be reinstated to membership only upon
re-application for membership and after approval by the Executive Board or the
General Assembly.
Association
Officers
Sec. 1. Number and Titles.
The officers of
the Association shall consist of a President, a Secretary/Treasurer, four (4)
Vice Presidents, and a Board of Trustees comprised of three (3) members and
three (3) Alternate Trustees. The
President, Secretary-Treasurer, and Vice Presidents jointly shall constitute
the Executive Board. The Executive Board, together with the Board of Trustees,
not including Alternate Trustees, shall constitute the Joint Board.
Sec. 2. Eligibility to
Office.
Unless
ineligible because of the provisions of applicable federal or state law, any
active or active-extra member in good standing shall be eligible to election as
a national officer of the Association. No such officer shall be entitled to
hold more than one national office at the same time.
Sec. 3. Rights of Candidates.
Every bona fide
candidate for national office in the Association shall have certain rights with
respect to the distribution of campaign literature and freedom from
discrimination. The national headquarters of the Association will comply with
all reasonable request of any such candidate to distribute, by mail or
otherwise at the candidate’s expense, campaign literature in aid of his
candidacy to all members in good standing of the Association. Whenever the
Association authorizes distribution to members, by mail or otherwise, of
campaign literature on behalf of any bona fide candidate for office or on
behalf of the Association itself with reference to elections, similar
distribution shall be made by the Association through its national headquarters
for any other bona fide candidate if so requested by such candidate, and equal
treatment shall be accorded as to the expense of such distribution to be borne
by such candidate. All national officers and members of the Association shall
refrain from any discrimination in favor of or against any candidate with
respect to the use of lists of members or delegates to sessions of the General
Assembly. Every bona fide candidate shall have the right upon request, once
within thirty (30) days prior to elections of national officers in which he is
a candidate, to inspect the list containing the names and last known addresses
of all members of the Association who are subject to union shop agreements
requiring membership in the American Train Dispatchers Association as a
condition of their employment, which list shall be maintained by the
Secretary-Treasurer at national headquarters. The Association shall also
provide adequate safeguards to insure that its elections are fair and
impartial, and any candidate has the right to request and designate an observer
at the polls and the counting of ballots.
Sec. 4. Use of Funds
Prohibited in Elections.
No funds
received by the Association through initiation fees, dues, assessments or
similar levy shall be contributed or applied to promote the candidacy of any
person in elections of national officers, nor shall any money of an employer of
members of this Association be so contributed or applied. The Association may,
however, expend its funds for notices, factual statements and other expenses necessary
for the conduct of its elections so long as such activities do not involve
promotion of candidates for office.
Sec. 5. Method of Nomination and Election.
a. The
President, Secretary-Treasurer and Vice Presidents shall be nominated and
elected by majority vote of the duly accredited delegates present and voting at
each regular session of the General Assembly who have been elected by secret
ballot as provided in Section 3 of Article X. If only one (1) candidate is
nominated for a particular office, motion may be made for the election to be by
acclamation. If two (2) or more candidates are nominated for the same office,
the election shall be conducted by secret ballot and such ballots may be cast
by each duly qualified delegate elected as aforesaid. Only delegates in
attendance may vote, and there shall be no voting by proxy. In the event no
nominee receives a majority of the votes cast, the name of the nominee
receiving the least number of votes shall be dropped from each succeeding
ballot until one (1) nominee receives a majority of the votes cast.
b. Trustees shall be nominated and elected by
plurality vote of the duly accredited delegates present and voting at each
regular session of the General Assembly who have been elected by secret ballot
as provided in Section 3 of Article X. The election of Trustees shall be by
secret ballot. Only delegates in attendance may vote and there shall be no
voting by proxy. Votes will be cast for not more than three (3) nominees. The
three (3) nominees receiving the highest number of votes will be elected to the
position of Trustee. The nominee receiving the fourth highest number of votes
will be elected the first Alternate Trustee. The nominee receiving the fifth
highest number of votes will be elected the second Alternate Trustee. The
nominee receiving the sixth highest number of votes will be elected the third
Alternate Trustee.
c. In conducting the balloting, the presiding
officer shall appoint two (2) tellers and a judge of the election and shall
announce the names of the nominees in the order of their nomination. Such
tellers shall collect and count the votes cast and report the result to the
presiding officer who shall announce such result to the General Assembly.
Sec. 6. Installation and Term
of Office.
The incoming
President shall be installed by the Senior Past President present at the
General Assembly or by such other person as may be designated by the delegates
for such purpose. The other elected officers shall be installed in such form
and manner as may be designated by the incoming President. All such officers
shall serve until the next regular session of the General Assembly and the
election and installation of their successors, if any, unless relieved of their
duties as provided in this Constitution and By-Laws. Trustees and Alternate
Trustees on whose road Association representation becomes terminated shall
relinquish their office upon notification from the President regarding
termination of representation.
Sec. 7. Election of Honorary
Officers.
The General
Assembly may by a majority vote of the delegates present and voting and
qualified as aforesaid, elect any Past Executive Officer as an Honorary Officer
whose term of office shall be perpetual unless rescinded by a majority vote at
any ensuing General Assembly.
Sec. 8. Filling of Vacancies.
a. Should vacancies occur in the office of
President, Secretary-Treasurer, Vice Presidents, or Board of Trustees during
the recess of the General Assembly, the Joint Board shall convene within twenty
days after receiving notice of an impending vacancy or the occurrence of any
such vacancy, whichever is sooner, and will fill such vacancy or vacancies from
among the remaining National Officers of this Association, without the
participation of the officer who is vacating the position. When there are no duly elected Alternate
Trustees holding office at the time a vacancy occurs, vacancies will be filled
from the membership. Officers so appointed will serve until the next regular session
of the General Assembly unless relieved of their duties as provided in this
Constitution and By-Laws.
b. Vacancies in the positions of alternate
trustees shall be filled only at regular sessions of the General Assembly.
c. In the event a situation arises which
prevents the President performing the functions prescribed by the Association’s
laws, the Secretary-Treasurer shall assume and exercise the authority of the
President as a temporary measure until the return of the President or until
other action is taken in accordance with this Constitution and By-Laws.
Sec. 9. Salaries.
a. The salaries
of all officers shall be fixed at each regular session of the General Assembly
and shall be subject to revision or modification by any special session of the
General Assembly. Each officer shall be allowed his necessary traveling and
personal expenses when away from his assigned headquarters on business of the
Association.
b. General,
Vice General and Local Chairmen, and others appointed by the President for
special service shall be reimbursed for all time so engaged at their regular
salaries and shall receive necessary traveling and personal expenses when away
from home on business of the Association, provided that those who are not
regularly and fully employed shall be paid not less than the rate of the last
agreement position worked while in such service.
c. Officers
shall receive payment of salaries semi-monthly, and shall receive reimbursement
for expenses monthly.
Sec. 10. Charges and Trials
of Officers.
a. All trials of officers shall be conducted by
the Joint Board, provided that any officer against whom charges are preferred,
or any officer preferring charges, shall not sit as a member of the Joint Board
during the trial.
b. All charges preferred against officers of
this Association shall be in the form of a written affidavit and shall contain
a detailed statement of the facts out of which such charges originated,
specific reference to the provisions of the Article, sections and paragraphs of
this Constitution and By-Laws, or the established policies, decisions, laws,
rules or regulations which it is alleged have been or are being violated.
c. Such charges shall be filed in duplicate with
the Secretary-Treasurer through the General Chairman on the railroad on which
the party or parties preferring the charges is employed and on which he is a
member in good standing, except that if the party preferring the charges is an
officer, the charges may be filed initially with the Secretary-Treasurer.
Should charges be preferred against the Secretary-Treasurer, they shall be
filed in the manner specified herein with the President.
d. When charges have been properly filed, as
provided herein, a copy thereof shall be furnished the accused by the
Secretary-Treasurer and the accused shall, within two weeks from the date of
receipt of a copy of such charges, file answer with the Secretary-Treasurer or
President.
e. Upon receipt of an answer from the accused,
or in the event no answer is received, within the time prescribed in paragraph
(d) of this section, each member of the Joint Board shall be furnished copies
of the charges, answers and other documents filed by the parties in connection
with such charges.
f. After having been furnished with copies of
the charges and other documents in connection therewith, the Joint Board shall
set a time and place for hearing or trial before the Joint Board and notify the
accused and the party or parties preferring the charges, by Registered or
Certified Mail, Return Receipt Requested, of the time and place of such hearing
or trial.
g. All parties shall be given full opportunity
to present all relevant evidence and exhibits which they deem necessary to the
proper presentation of their case and shall be entitled to cross examine
witnesses of the other party or parties. Each party shall have the privilege of
selecting any member in good standing of the Association to act as his counsel
in the trial proceedings.
h. Upon the completion of the presentation of
all evidence, the Joint Board, without the participation of any member or
members thereof by whom or against whom the charges under consideration have
been preferred, shall decide what disposition shall be made of such charges and
fix the penalty, if any, to be assessed.
i. Either party shall have the right to appeal
to the General Assembly from the decision of the Joint Board pursuant to
Article XVI, Sec. 4, but pending such appeal the action of the Joint Board
shall stand.
j. (i) Appeals to the General Assembly from
decisions of the Joint Board on charges preferred against officers, shall be
referred to an appeal board of eleven (11) delegates who shall be elected by a
majority vote of the delegates voting at such General Assembly. Said appeal
board shall elect a chairman, with the right to vote, and shall be furnished all
documents filed in connection with the appeal and shall afford the parties an
opportunity to present such argument as may be necessary to properly present
their respective cases, but no new evidence or witnesses will be permitted.
(ii) Upon completion of the argument, the
appeal board shall determine, on the basis of the argument before it and the
record of evidence made before the Joint Board, its recommendations to the
General Assembly. Such recommendations shall be made in writing and shall then
be reported to the General Assembly by the chairman of the appeal board. Upon
the submission of such report the General Assembly shall consider the
recommendations of the appeal board and shall decide by majority vote of the
assembly whether to affirm, reverse, amend, or modify the decision of the Joint
Board. Such decision shall be final.
k. Charges can only be preferred against
officers for violation of the laws of the Association or conduct unbecoming an
officer, and must be definitely and specifically stated. Any member making
charges on trivial pretexts or refusing to comply with summons of the Joint
Board to testify in any matter under consideration shall be guilty of
misconduct and subject to charges therefor as provided in Articles XIV and XV
of this Constitution and By-Laws.
l. The expense incurred in connection with the
defense of officers under this section shall be borne by the Association, and
the Joint Board shall decide who shall bear the expense incurred by the
prosecution.
ARTICLE IV
President
Sec. 1. General Duties and
Authority.
a. The
President shall devote his entire time to the interests of the Association. He
shall be its official head and shall exercise supervision over the Vice
Presidents and assign them and the Secretary-Treasurer to such duties as, in
his opinion, will permit the work of the Association to be handled in the most
efficient and economical manner. The President shall, in a general way,
supervise the work and policies of the Association.
b. The
President shall interpret all laws of the Association and decide all
controversies which may be appealed to him. Such interpretations and decisions
shall be final and binding unless changed on further appeal to the Executive
Board and General Assembly as hereinafter provided in Article XVI.
c. He shall
preside at all sessions of the General Assembly, and submit to each regular
session thereof a written report of the preceding four years’ work, together
with a message setting forth what legislation and general policies are, in his
opinion, necessary for the best interests of the Association.
d. He shall
prepare and have distributed among the delegates copies of his report on the
opening day of each General Assembly. The report of the President will include
a statement of the work and official acts of the Executive Board.
e. The
President shall furnish to the Executive Board any information in his
possession that they may require concerning matters pertaining to the affairs
of the Association.
f. He shall, in
collaboration with the Secretary-Treasurer, participate in the preparation and
submission of such reports and documents as are required by law to be submitted
on behalf of the Association.
g. In the event of conflict of authority between
the President and the Secretary-Treasurer in matters of administration of the
general office, the decision of the President shall prevail.
h. At the
expiration of his term of office the President shall deliver to his successor
all books, papers, and any other property belonging to the Association.
Sec. 2. Supervision of System
Committees and Suspension of System Committee Officers.
a. The
President shall have direction and supervision of all System Committees and
their officers with authority to summarily suspend from office any General
Chairman or other officer of a System Committee for failure to comply with the
provisions of this Constitution and By-Laws, the established policies of this
Association, or the valid orders or decisions of any of the national officers
of this Association, or for incompetence, negligence, failure of duty, or
misconduct as hereafter provided in Article XIV.
b. Any order of
suspension of an officer of a System Committee from office issued by the
President shall be mailed or otherwise delivered to such suspended officer together
with a full statement of the reasons for which such suspension is ordered and
notice of the right of such officer to appeal said order of the President to
the Executive Board as provided in Article XVI.
c. The
President shall have authority to approve, modify, revise, defer, suspend, or
reverse any decision of a General Chairman, System Committee, or any officer
thereof, or any action taken in connection therewith by any such System
Committee or officer, if such decision or action is contrary to the provisions
of this Constitution and By-Laws, the established policies of the Association,
or the valid orders or decisions of any of the officers of this Association,
subject to appeal as provided in Article XVI of this Constitution and By-Laws.
Sec. 3. Appointment of
Deputies.
The President
may appoint deputies, each separate appointment to indicate such deputy’s
authority, which shall not exceed the immediate duty which such deputy was
appointed to perform, and such deputy shall immediately upon the conclusion of
the duty for which he was appointed render in writing a full and complete
detailed report of his actions to the President.
Sec. 4. Employment Authority.
a. The
President may, subject to the approval of the Executive Board, employ such
clerical force as deemed necessary, and pay such salaries as the Executive
Board approves.
b. He may,
subject to the approval of the Executive Board, employ such non-clerical staff
and legal service, either temporary or permanent, or both, as necessary.
Sec. 5. Meetings with General
Chairmen.
He shall have
authority to call meetings of General Chairmen and representatives of system
committees at such time and place and for such purposes as he may designate.
Sec. 6. Establishment of
Temporary Headquarters.
He may, with
the approval of the Executive Board, establish such temporary or semi-permanent
headquarters for himself, the Secretary-Treasurer, or any or all of the Vice
Presidents, as the exigencies of circumstances may require, and make such
provision for offices and equipment as he may deem best.
Sec. 7. Supervision of
Collective Bargaining and Submission of Adjustment Board Disputes.
a. All
collective bargaining negotiations and matters pertaining thereto shall be
subject to the direction and approval of the President.
b. The
President or his designated representative shall also advise and assist members
in the presentation of their claims and grievances for final adjudication.
Sec. 8. Authorization of
Strike Actions.
a. When
negotiations with a carrier or carriers reach a deadlock and it becomes
apparent that the dispute cannot otherwise be adjusted, a decision with respect
to whether strike action will be authorized will be made in accordance with the
following procedure:
b. The President, with the approval of the
Executive Board, will prepare a strike ballot to be mailed to all members
involved in said dispute who are then in good standing. The ballot shall
concisely state the issue or issues involved and permit the members to vote
“yes” or “no” as to whether members should concertedly withdraw from service
until the dispute has been resolved. A letter accompanying the ballot will
briefly describe the efforts which have been made to resolve the dispute.
c. Ballots
shall be mailed to all members then in good standing to their last known
address c. as shown by the Association’s records. Ballots shall be returned
within the time specified by the Executive Board which shall be not less than
fifteen (15) days from the date mailed. Balloting will be secret and in compliance
with the instructions on each ballot.
d. If two-thirds of the members eligible to vote
in the dispute favor withdrawal of service, the President, with the approval of
the Executive Board, may authorize a strike. Conduct of any strike shall be
under the supervision and direction of the President and he shall, upon
approval of the Executive Board, have authority to command the entire resources
of the Association to bring such strike to a successful conclusion.
e. In disputes where unilateral action by a
carrier or carriers is taken or imminently threatened which would immediately
adversely affect wages, rules, or working conditions, emergency strike action
may be authorized by the President, with the approval of the Executive Board,
without the necessity of a membership strike ballot.
Sec. 9. Agreements.
a. All rules,
regulations, contracts, and agreements agreed upon by an employer and regularly
constituted representatives of this Association shall be binding upon all
members working within the jurisdiction of such representatives.
b. Agreements
negotiated with employers on a national or systemwide basis in resolution of
notices involving wages and/or working conditions shall be tentative until
after approval of the President pursuant to Section 7 of this Article and
submission for ratification by the members affected by such agreements via U.S.
Mail or in a local meeting. A copy of the proposed agreement (or a summary
thereof) and a ballot shall be forwarded to each member on those properties
that are a party to the negotiations. If a majority of the members voting
ratify the proposed agreement it will stand adopted, otherwise it will be
subject to renegotiation with the carriers. In the event a ratification vote is
to be conducted by
c. In the case of any collective bargaining
agreements adopted by the Association on a national basis, the President shall
insure that a copy of any such agreement is forwarded to each constituent System
Committee of the Association which has members directly affected by such
agreement, and he shall also cause to be maintained at the headquarters of the
Association copies of such agreement and copies of any agreement made by a
System Committee which has been forwarded to national headquarters available
for inspection upon request by any member or any employee whose rights are
affected thereunder.
ARTICLE V
Secretary-Treasurer
Sec. 1. General Duties and
Authority.
a. The Secretary-Treasurer shall receive from
whatsoever source, and have custody of all funds of the Association (except
System Funds), and pay them out upon authorization contained in this
Constitution and By-Laws and any resolutions of the Executive Board adopted
thereunder to meet the obligations of the Association, and shall liquidate the
legitimate expenses of his office and be prepared to exhibit receipts and
vouchers upon the examination of his books and furnish all required
information.
b. He shall deposit in open account at least once
in seven days in one bank or trust company only in the name of the American
Train Dispatchers Association, as Secretary-Treasurer, all funds of the
Association in his possession not on certificate of deposit, and before any
money thus deposited can be withdrawn, each check shall be signed by him as
Secretary-Treasurer or by such person as may be selected by him and approved by
the Executive Board.
c. He
shall devote his entire time to the interests of the Association, keep a true
and correct record of the proceedings and transactions of the General Assembly,
read or cause to be read to the General Assembly all petitions, resolutions and
communications submitted to that body, preserve the archives of the
Association, and perform such other duties as may be designated by the Laws of
the Association.
d. He shall conduct all necessary correspondence
of his office, attest all official documents with his signature, and provide
his office with all books, stationery and other supplies necessary to the
proper conduct of the business of the Association.
e. He shall, subject to the approval of the
Executive Board employ the clerical forces necessary to properly conduct the
business of his association, paying such salaries as the Executive Board
approves.
f. He shall keep correct and proper accounts of
all monies handled and such accounts shall be audited annually by certified
public accountants on a fiscal year basis ending June 30. Financial reports
required by law shall be prepared from the information contained in the annual
audit report.
g. He shall, in collaboration with the
President, participate in the preparation and submission of such reports and
documents as are required by law to be submitted on behalf of the Association.
h. Basic information and data by means of which
reports required by law are prepared, including vouchers, worksheets, receipts
and applicable resolutions shall be kept available for examination for a period
of not less than five years after the filing of the documents based upon the information
they contain in order that such information may be verified if required.
i. At each meeting of the General Assembly he
shall render a full and complete report of all his official acts and an
accurate and comprehensive statement of all receipts and expenditures of the
funds of the Association, together with its assets and liabilities.
j. He shall have charge of all papers and
property of the Association, not otherwise provided for.
k. He shall
issue a membership card to each new member upon acceptance of application and
to each member in good standing once every four (4) years in the first quarter
of the year following each General Assembly.
l. The Secretary-Treasurer shall pass upon the
authorized expense accounts of officers and others and adjust any
irregularities therein before payment.
m. A uniform system of bookkeeping and records
shall be established at the headquarters office by the Secretary-Treasurer. All
System Committees, officers, representatives, and members shall conform to said
uniform system of bookkeeping and records in submitting reports,
correspondence, and in all other relations with the headquarters office.
n. He shall be Business Manager of THE TRAIN
DISPATCHER. When approved by the Executive Board, he shall have authority to
employ such assistance and to purchase such facilities as may be necessary to
produce a modern and effective publication.
o. He shall be Secretary ex officio of the
Executive Board.
p. He shall carry out such additional duties as
may be assigned to him by the President.
q.
At the expiration of his term of office he shall deliver to his
successor all books, property, papers, funds, etc., belonging to the
Association.
ARTICLE VI
Vice Presidents
Sec. 1. General Duties.
a. The Vice Presidents shall devote all their
time to the service of the Association. They will assist the President in the
conduct of the affairs of the Association, performing such duties as may be
assigned them by the President, and in a general way promote the welfare of the
Association.
b. At the expiration of his term of office the
Vice President shall deliver to his successor all books, papers, and any other
property belonging to the Association.
ARTICLE VII
Executive Board
Sec. 1. Membership.
The Executive
Board shall consist of the President, Secretary-Treasurer, and all Vice
Presidents. The President shall be Chairman of the Executive Board and shall
convene its members when in his judgment he deems it necessary or when
requested to do so by a majority of the Board or when required to do so by the
provisions of this Constitution and By-Laws.
Sec. 2. General Duties and
Authority.
a. The Executive Board shall have full authority
to act for the Association in all administrative, executive, and judicial
matters and to conduct all of the business of the Association between sessions
of the General Assembly, except as otherwise provided in this Constitution and
By-Laws.
b. The Executive Board shall hear and determine
all matters properly brought before it as provided in this Constitution and
By-Laws.
c. The Executive Board shall be empowered to
transact business by correspondence when it is not in session unless otherwise
provided by this Constitution and By-Laws.
Sec. 3. Quorum and Legal
Majority.
A majority of
the Executive Board shall constitute a quorum, provided that four or more
concurring votes shall be necessary to legalize any action except in the case
of decisions on appeals as provided in Section 3 of Article XVI.
Sec. 4. Control of
Investments and Disbursements.
a. The Executive Board shall have authority to
require from all officers of the Association an itemized account of all money
expended by them and may disapprove any expenditure not authorized by this
Constitution and By-Laws or any resolution adopted thereunder.
b. Resolutions may be adopted by the General
Assembly, or by the Executive Board between sessions of the General Assembly,
pursuant to authority herein granted, empowering such bodies to authorize the
management, investment, and expenditure of the funds and property of the
Association in accordance with its established practices, customs, and
procedures.
Sec. 5. Prohibition of
Certain Loans and Payment of Fines.
a. In authorizing expenditures or loans neither
the Executive Board nor any officer acting on behalf of it or this Association
shall directly or indirectly make any loans to any officer or employee of the
Association from the funds or property of the Association.
b. The funds of the Association shall not be
obligated or used directly or indirectly to pay the fine of any officer or
employee convicted of any willful violation of the Labor-Management Reporting
and Disclosure Act of 1959, but this prohibition shall not prevent the
assumption by the Association of the costs of defending the Association, any
System Committee thereof, or any of its officers, agents, representatives, or
employees in any civil or criminal proceedings in which they may become
involved for alleged violations of law.
Sec. 6. Disability of
Officers.
a. In the event the President,
Secretary-Treasurer, or a Vice President becomes disabled by
accident or illness so that he is unable to
perform the responsibilities of his position, and such disability lasts longer
than sixty (60) days from the onset of the disability, the salary of the
officer shall be reduced in accordance with the following schedule:
61-120
days 50%
reduction
121-180
days 75%
reduction
More than 180
days 100%reduction
b. After 180 days of such disability, the
officer shall be considered disabled and shall be suspended from office, and
his position temporarily filled as provided in Article III, Section 8. Any
return to service for a period of less than sixty (60) days’ duration shall not
be deemed to interrupt this schedule.
ARTICLE VIII
Board of Trustees
Sec. 1. Membership.
The Board of
Trustees shall consist of three members of the Association elected by the
General Assembly or appointed as hereinabove provided in Section 8 of Article
III.
Sec. 2. General Duties and
Authority.
a. The Board of Trustees, or a majority thereof,
shall convene at the national headquarters each year in the month of September
or October and shall examine the accounts of the Secretary-Treasurer, inquire
into the regularity, economy, and efficiency of the expenditures of the funds,
including the expenses of officers and soundness of the investments, and render
a report of their findings, together with their recommendations, to the
officers and members.
b. For this purpose they shall at all times have
access to all books, papers, and accounts, and will be furnished full
information of all business transactions of the Association.
Sec. 3. Bonding of National
Officers and Employees of the Association – Handling Funds or Property.
a. All national officers and employees of the
Association who handle funds or property of the Association shall be bonded in
such amounts as may be approved by the Board of Trustees and the
Secretary-Treasurer in compliance with applicable law, the expense of which
bonding shall be borne by the Association.
ARTICLE IX
Joint Board
Sec. 1. Membership, Duties,
and Authority.
The Executive
Board, together with the Board of Trustees, shall constitute the Joint Board
which shall perform the duties and exercise authority as elsewhere provided in
the Constitution and By-Laws. A quorum shall consist a majority of the members
of the Executive Board and a majority of the Board of Trustees, provided that
five or more concurring votes shall be necessary to legalize any action within
the Joint Board’s jurisdiction.
Sec. 2. Incorporation of
Association and Authority to be Exercised.
a. The Joint Board of the American Train
Dispatchers Association may take steps to procure the corporation of a company
under the provisions of the statutes of any State in the United States, to be
selected by the Joint Board, relating to the incorporation of companies not
organized for profit, the membership of which company shall be confined to the
members of such Joint Board and their successors in such capacity. The purpose
of the organization shall be the holding of real estate for the benefit of the
American Train Dispatchers Association. This corporation shall have the power
to acquire and hold real estate and complete and operate an office building
thereon for the benefit of the American Train Dispatchers Association. It shall
have full power and authority to borrow money, and encumber any part or all of
such real estate, or any personal property, coming into its possession, for the
purpose of borrowing money to be used for the purpose of said corporation.
b. For this purpose the Joint Board may invest
the funds of the American Train Dispatchers Association in an amount not to
exceed 30% of the assets of the Association.
c. This corporation shall have authority to
represent the interests of the Association as plaintiff or defendant in any
court action relating to such real estate or personal property. It shall have
authority to do all things necessary to carry out the purposes of said
corporation, and shall be authorized to adopt such rules and regulations as may
be necessary in order to accomplish such purposes, and shall have such further
powers in relation to the custody, control, management, right of hypothecation
or disposition of the real or personal property of this Association as may,
from time to time, be conferred on it by the General Assembly by special
resolution or by general regulations.
ARTICLE X
General Assembly
Sec. 1. Membership.
a. The General
Assembly shall consist of all delegates or alternates chosen as hereafter
provided in Section 3 of this Article,
retired Executive Board Officers receiving a Deferred Executive Compensation
Annuity, and incumbent national officers, all of whom shall be entitled to a
voice and vote on all matters before the General Assembly provided, however,
that only delegates or alternates may vote in elections of national officers
and on proposed increases in rates of dues, initiation fees, and assessments.
b. Suitable badges of distinctive color or
design shall be provided and worn by delegates, alternates, retired Executive
Board Officers and officers entitled to participate in the deliberations and
proceedings of the General Assembly.
Visitors badges shall be provided and worn by any other members
authorized to attend sessions of the General Assembly.
Sec. 2. Time and Place.
Regular
sessions of the General Assembly shall be held quadrennially at a time and
location to be determined by the Joint Board.
Sec. 3. Representation and
Election of Delegates.
a. (i) On
transportation systems in the boundary limits of the
(ii) Where the members on a transportation system a