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Healthcare

Lin​ks

LOCAL NO. 2​1​1

INTERNATIONAL UNION OF OPERATING ENGINEERS

ALLIED BUILDING INSPECTORS

ARTICLE III. 

Officers-Powers-Duties


President-Business Manager

Section 1.     

 (a) There shall be a President-Business Manager, who is a           Constitutional Officer. He/she shall be the Chief Executive Officer of the Local Union.

 (b) It shall be the duty of the President-Business Manager to direct and conduct all of the business and affairs of this Local Union and its subdivisions to secure and achieve the objects, purposes and principles of this Local Union within the limits of the policy set by the membership at its regular meetings, and by the Local Union Executive Board between meetings.

 (c) Specifically but not in limitation of his/her general powers and duties:

      1. The President-Business Manager shall direct, for the Local Union the negotiations of all agreements with an employer and shall enforce each such agreement fully through his/her staff.

      2. He/she shall appoint any and all representatives, agents and assistants in accordance with the International Constitution and these By-laws and other employees, who shall be directly responsible to him/her. He/she shall set all salaries of such representatives, agents, assistants and employees with the advice and consent of the Local Union Executive Board. They shall work directly under his/her supervision. He/she may terminate them at any time.

    3. He/she shall employ such legal counsel, certified public accountants and other technical personnel as he/she may deem necessary or advisable, with the advice and consent of the Local Union Executive Board, unless otherwise provided by law or prohibited by the International Constitution.

   4.  He/she shall have the power to appoint, or remove, Delegates to the various Councils, Delegates to the various organizations to which this Local Union is entitled to send Delegates or on or in which it is entitled to have representation (other than Delegates to the IUOE General Convention), Trustees of all Trusts whose Trustee Agreement authorizes this Local Union to name or appoint Trustees.

     5. When in the judgment of the President-Business Manager it shall be necessary, proper, advisable or desirable to protect, preserve, secure or advance the interests, objects, purposes and principles or any of them to this Local Union:

               i. He/she is authorized on behalf of this Local Union to                                initiate legal or administrative proceedings, actions, or suits                      and to defend this Local Union in any legal (civil or criminal)                    or administrative proceedings, actions, or suits which in                            his/her judgment may be necessary, proper or desirable to                      protect, preserve, secure or advance the interest, purposes,                    objects and principles of this Local Union.

              ii. He/she is further authorized on behalf of this Local Union                       to defend its Officers, Local Union Executive Board and its                       Members, Delegates, Stewards, Representatives, Agents and                   Employees in any legal (civil or criminal) or Administrative                       proceeding, action or suit in which any of them are named as                   a party by reason of any act or thing done or which it is                             claimed any of them failed to do arising out of or in the                               course of their duties or employment as an Officer, Local                           Union Executive Board or its Members, Delegates, Steward,                     Representative, Agent or Employee.

              iii. He/she is further authorized on behalf of this Local Union                        with the advice and consent of the Local Union Executive                          Board to compromise, and settle any such legal (civil) or                            administrative proceeding, action or suit herein above                               referred to and pay out of the funds of this Local Union all                         or any part such compromise or settlement and any                                   judgment or decree.

        6. He/she shall attend all Regular Meetings of the Local Union.

        7. He/she shall be a Delegate to and attend all conventions, including State, Interstate and Provincial Organizations to which the Local Union is entitled to send delegates, and is a Delegate to any International Convention held during his/her term of office.

        8. He/she shall be a Member and the Chairman of the Local Union Board of Delegates and shall Chair all Local Union Board of Delegates meetings.

        9. He/she shall be a member of all Boards of Trustees on which the Local Union is entitled to representation.

        10. He/she shall incur such expense as may be necessary, proper or advisable in the carrying out of his/her duties and shall cause all salaries and other current expenses to be paid.

        11. He/she shall insofar as in his/her opinion it is necessary or advisable set the allowances and approve or authorize the incurrence of expense of and by all representatives, agents and other employees of the Local Union and shall be authorized to grant such persons time off for personal leave, holidays or sick leave.

        12. He/she is authorized to trade, exchange, purchase, sell or lease automobiles and other equipment and to arrange financing therefore and to maintain and repair the same. He is further authorized to maintain and repair real property owned by this Local Union.

        13. With the advice and consent of the Local Union Executive Board, he/she shall purchase such policies of insurance as in his/her judgment are necessary, proper or advisable.

        14. He/she shall do and perform all acts, whether or not expressly authorized herein, which he/she deems necessary, advisable or proper for the protection of the property of this Local Union and for the benefit of this Local Union and its Members.

        15. He/she shall at all times consult with the Officers of the Local Union and Members of the Local Union Executive Board, and seek other advice and assistance between meetings of the Local Union Executive Board when necessary or advisable.

       16. He/she may in all instances act directly or through a Deputy appointed by him/her.

       17. The President-Business Manager salary shall be set from time to time by the Local Union Executive Board in accordance with applicable law and mayoral orders. In addition, he/she shall receive all actual expenses, stipends and such other allowances as the Local Union Executive Board may from time to time set or designate.

       18. He/she shall appoint any and all Trustees to the Board of Trustees of the Local Union Health, Welfare and/or Annuity Funds. He/she shall also have the power to remove any and all such Trustees.

 

 (d) It shall also be the duty of the President-Business Manager to preside at all meetings, enforce the constitution, Laws, Rules, Ritual and customs of the organization; to decide all questions of order subject to an appeal to the Local Union; to cast the deciding vote in case of a tie; to sign all orders on the Treasurer for the disposition of funds authorized by the Local Union; to read all receipts from the General Secretary Treasurer for funds sent to the General Office; to appoint all committees unless otherwise provided for; to be custodian of the quarterly password and examine the credentials of any member before bestowing the same; to furnish the General President full and complete information on any subject within his/her control or knowledge when requested; and to perform such other duties as pertain to his/her office or which may from time to time be delegated to him/her by action of the Local Union or other authorities in the organization.


Vice President

Section 2. The Vice President shall assist the President-Business Manager in the discharge of his/her office, fill his/her place in his/her absence and have such other duties as are customarily incident to his/her office.


Recording-Corresponding Secretary

Section 3. It shall be the duty of the Recording-Corresponding Secretary to keep the minutes of each meeting; to read all correspondence and documents; to issue notices for the calling of meetings; to sign all orders on the Treasurer for the disposition of funds authorized by the Local Union; to notify the General Secretary-Treasurer of all newly elected officers; to keep a record of all applications for membership; to have charge of the seal and affix the same to all official documents; to maintain a correct list of the membership and their addresses; to include a copy of the Financial Secretary's monthly report to the General Secretary-Treasurer in the minutes; to furnish the General President full and complete information on any subject within his/her control or knowledge when requested, and such other duties as are customarily incident to his/her office or which may from time to time be delegated to him/her by the Local Union or others in authority. The Recording-Corresponding Secretary shall within fifteen (15) days after the election of delegates and alternates to a General Convention report to the General Secretary-Treasurer the names and addresses, thereof. In the absence of both the President-Business Manager and the Vice President from a meeting, the Recording-Corresponding Secretary shall call the same to order and a President pro tern shall be elected who shall serve as presiding officer for said meeting.

  (a) The Recording-Corresponding Secretary shall be responsible for maintaining records of all amendments of these By-Laws during the course of his/her term of office, and shall provide them to the chairperson of any Local Union board or committee, revising the Local By-Law in the future.


Financial Secretary

Section 4. It shall be the duty of the Financial Secretary to receive all monies and all funds paid to the Local Union; to pay all funds received by him/her to the Treasurer upon receiving Treasurer's receipt therefore, to keep a correct financial account of each member together with the name and address of each; to announce before the adjournment of each meeting the amounts of funds collected by him/her; to report at the end of each month to the Local Union the number of members in good standing; to make a monthly written report to the General Secretary-Treasurer of all admissions, rejections, deaths, resignations, expulsions and suspensions, keep a record thereof and furnish the Recording-Corresponding Secretary a copy thereof; to keep a record of the dues received and disbursed. He/she shall furnish the General President full and complete information on any subject within his/her control or knowledge when requested and perform such other duties as are customarily incident to his/her office or which from time to time may be delegated to him/her by the Local Union or other authorities.


Treasurer 

Section 5. It shall be the duty of the Treasurer to receive and hold all funds collected by the Financial Secretary and delivered to him/her; to give receipts for monies delivered to him/her; to make no disbursements without approval of the Local Union and only upon written order of the President-Business Manager and Recording-Corresponding Secretary; to make an itemized statement and report to the Local Union at the end of each quarter on the condition of his/her accounts and the transactions of his/her office; to submit his/her books and accounts for inspection by the Trustees when called upon by them; to furnish the General President full and complete information on any subject within his/her control or knowledge when requested and to perform such other duties as are customarily incidental to his/her office or which from time to time may be delegated to him/her by the Local Union or other authorities.


Conductor 

Section 6. It shall be the duty of the Conductor to examine all present at meetings to ascertain that the dues of each is paid up to date; to receive the quarterly current password; to report to the President- Business Manager all who are without the password; to conduct all candidates through the initiatory ceremony, and see that the Ritual is properly administered; to see that all candidates comply with the Ritual; to see that no one remains at the meeting or initiation save such as are members in good standing and who know the password; to furnish the General President full and complete information on any subject within his/her control or knowledge when requested and perform such other duties as are customarily incidental to his/her office or which may from time to time be delegated to him/her by the Local Union or other authorities.


Guard 

Section 7. It shall be the duty of the Guard to take charge of the doors at meetings to see that none but members in good standing and with the quarterly password enter; to allow no member to retire without the consent of the President-Business Manager; to announce the names of all those without the password desiring admission and to admit such as the President-Business Manager shall designate; to furnish the General President full and complete information on any subject within his/her control or knowledge when requested and to perform such other duties as are customarily incidental to his/her office or which from time to time may be delegated to him/her by the Local Union or other authorities.


Trustees 

Section 8. It shall be the duty of the Trustees to have supervision over all funds and property of the Local Union under such instructions as they shall from time to time receive from the Local Union; to see that the funds of the Local Union are deposited by the proper offices in such banks and accounts therein as the local Union shall designate; to examine the bankbooks and records of the Treasurer and any other officer holding funds of the Local Union and see that the same are correct; to be custodians of the bonds covering the Financial Secretary and Treasurer and such other officers as the Local Union may require to be bonded; to furnish the General President full and complete information on any subject within their control or knowledge when requested. They shall have such other duties as are customarily incident to their office or which shall from time to time be delegated to them by other authorities. In those

instances in which the Local Union is audited not less than annually by an independent public accountant the Trustees shall certify on the basis of the audit of such independent public accountant. In carrying out the duties imposed upon them by this Section, the Trustees shall act as a Board of Trustees and no Trustee shall separately act in his/her individual capacity as a Trustee.


Auditors 

Section 9. It shall be the duty of the Auditors to audit the books and accounts of the Recording-Corresponding Secretary, Financial Secretary, Treasurer, and any other officer or representative holding funds of the Local Union, at the end of the official quarter each year; and to report thereon at the first meeting of the Local Union in the months of January, April, July and October. However, in those instances in which the Local Union is audited not less than annually by an independent public accountant the Auditors shall report on the basis of such audit. The Auditors shall have power to summon any officer or member to explain the condition of his/her records or any discrepancy that may appear therein and any officer so summoned shall be required to turn over to the Auditors all papers, records, books, and property belonging to the Local Union demanded by them. They shall furnish the General President full and complete data on any subject within their control or knowledge when requested. In carrying out the duties and powers enumerated in this Section, the Auditors shall act as a Board of Auditors and no Auditor shall act separately in his/her individual capacity as an Auditor.


Bonding 

Section 10. Each officer, employee or other representative of this Union, who handles funds or other property of the Local Union shall be bonded for the faithful discharge of his/her duties in such amount and in such manner as may be required by applicable law. The expense of such bond shall be paid by the Local Union.


Incapacity of Officers 

Section 11. In the event a Local Union officer whose signature is required by any provision of the Constitution or law is physically or mentally incapacitated and unable to act or refuses to perform his/her constitutional duties the Local Union Executive Board may appoint any

constitutional officer who is properly bonded to act in his/her place and stead and such act shall be that of the person acting and the officer who is unable to act shall not be responsible therefore. In case where the Local Union Executive Board fails or refuses to act, the General President may take whatever action he deems necessary.

BY LAWS OF THE IUOE LOCAL 211

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