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RULES AND REGULATIONS

GRAND RAPIDS EMPLOYEES INDEPENDENT UNION

1. A memorial gift of $75.00 shall be given to the family of a deceased employee member, spouse, child, stepchild, parents, grandparents, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandchild.

2. A benevolent gift, not to exceed $75.00 shall be given to an employee member if confined in a hospital for at least three (3) days, not to exceed twice in one twelve-month period.

3. $250.00 welfare check shall be paid to an employee member off work due to sickness or accident more than thirty (30) days, not to exceed two (2) such periods in any twelve month period.

4. Any member in good standing who is on a recognized medically necessary leave of absence from the City of Grand Rapids shall have paid on their behalf by the Union, hospitalization premium payments not to exceed six (6) months in any twelve month period, providing all the following conditions are met:

A. A member shall be a member in "good standing" six (6) months prior to a claim.

B. A member shall remain in good standing during such leave of absence.

C. Such member shall have exhausted all vacation, sick leave, or any other financial benefit from the City of Grand Rapids to qualify for such benefit.

D. Any member whose spouse is a member in good standing or is actively employed by the City of Grand Rapids shall not qualify for such benefit.

E. A member shall not be eligible for such benefit if covered by other medical insurance which is equal to or greater in benefits than that provided by the City of Grand Rapids.

5. Political candidates shall be allowed not more than ten (10) minutes to speak on behalf of themselves or an issue at a Regular Membership or Executive Board meeting. There shall be no questions or answers.

6. Stewards' attendance records at Executive Board and General Membership meetings shall be given to the Secretary immediately following the meeting and these attendance records be made a part of the meeting minutes.

7. Salaries of the President, First Vice President, Second Vice President, Secretary and Treasurer shall be net. Effective November 2006, salaries are as follows: President - $210.00 per month; First Vice President - $180.00 per month; Second Vice President - $170.00 per month; Secretary and Treasurer - $150.00 per month.

Reimbursed fees for other officers and Safety Representatives and Safety Committee members shall be as follows: Sergeant At Arms - $60.00 per month; Members At Large - $50.00 per month; Trustees - $40.00 per month; Safety Representatives and Safety Committee Members - $35.00 per month.

Reimbursed fees for Stewards are as follows: $40 per month base pay; additional $15 per month bonus for Stewards who are actively involved in carrying out their duties. The President, 1st Vice President, or 2nd Vice President shall be responsible for any decisions regarding bonus pay before each quarterly reimbursement. 

8. Election Committee members shall be paid for lost time at their regular rate of pay for a normal work day.

9. All expenses paid by the Union shall be verified by receipts, lost time slips, etc. and shall be countersigned by one or more of the trustees; per diem expenses excepted.

10. Delegates or other members on Union business within the Grand Rapids area shall be reimbursed meal expenses up to $25.00 per day. If Union business takes the members out of the City on overnight business, the daily per diem shall be $50.00 (except that if the business is out-of-state full reimbursement will be made for all expenses if receipts are submitted) for meals, cars and incidentals.

11. The monthly financial report shall be made available for membership meetings.

12. Mileage shall be paid at the rate of fourty-three cents ($0.43) per mile for use of a personal vehicle on Union business.

13. The Executive Board shall be empowered to make supplemental agreements to the Labor contract with the approval of the membership.

14. Any previous motion passed by the membership and not superseded by these Rules and Regulations shall be in effect until changed by the membership.

15. These Rules and Regulations shall in no way interfere or conflict with the adopted Constitution of this Union.

16. These Rules and Regulations shall be brought up to date every year in the month of September. Copies shall be made available to all members at the meeting following their adoption and/or amending.

17. If one or more Delegates attend meetings either in or out of State the Chairperson must submit a report of the meeting to the membership.

18. A member holding a current elective office may run for another elective office without having to resign his/her current office and upon winning shall be considered to have automatically resigned his/her former elective office.

19. All Committee Chairpersons shall be responsible for submitting a written report to the Executive Board on their previous month’s activities. 

Adopted: May 5, 1987

Amended: August 6, 1987, September 1, 1988, October 4, 1990, October 3, 1991, October 2, 1997, September 3, 1998, January 2006

Amended: January 6, 2006 - Rule 12

Amended: October 5, 2006 - Rules 1, 2, 3 and 10

Amended: November 2, 2006 - Rule 7

Corrected: February 1998 (Daughter-in-law omitted in Rule 1 when printed October 2, 1997)

Corrected: October 1998 (Stepchild omitted in Rule I when printed and distributed 10/1/98)

CONSTITUTION OF

GRAND RAPIDS EMPLOYEES INDEPENDENT UNION

The word “he” shall refer to male and female alike.

ARTICLE I

NAME

The name of this organization shall be the Grand Rapids Employees Independent Union.

ARTICLE II

OBJECTIVES

The objectives of this Union shall be to work together to provide services to our community while protecting and promoting the well-being of all members.

ARTICLE III

MEMBERSHIP AND DUES

Section 1.  All employees of the City of Grand Rapids, Michigan are eligible for membership in this Union, except management employees and elected officials.

Section 1.b.  GREIU executive board members, stewards, and committee members shall be members in good standing and be employed in a bargaining unit represented by the GREIU.  In the event anyone holding any of the aforementioned positions is separated from their employment by retirement, or otherwise, their positions shall be considered vacated and any replacement shall be made consistent with the terms of the GREIU Constitution.

(A person is not considered separated until after grievance process has been completed.)

Section 2.  Anyone who holds a position set forth in Section 1.b. above who accepts acting assignment to a position outside a GREIU bargaining unit shall have vacated their position and any replacement shall be made consistent with the terms of the GREIU Constitution.

Section 3.  Application for membership shall be made on standard application form.

Section 4.  The first month’s dues shall include a $25.00 processing fee.

Section 5.  The membership dues of this Union shall be as follows:  Full-time employee – one hour’s rate of pay per pay period; part-time employees - $7.50 per pay period; but in any case not less than the minimum dues rate established by the Independent Union. 

Section 6.   So long as current dues are paid, and no delinquency exists for past dues, a member shall be considered in good standing unless under suspension by order of a properly constituted trial board.  A member delinquent in dues two consecutive months shall automatically stand suspended.

Section 7.  No member, not in good standing or under suspension shall be nominated for any elective office, nor shall he remain in office as long as such delinquency or suspension exists.

Section 8.  When a member is unemployed for more than twenty (20) working days in any calendar month and does not receive unemployment compensation, sick leave pay, or other remuneration, such member may be entitled to credit for his dues for the period of unemployment but not to exceed six months in any calendar year.

ARTICLE IV

MEETINGS

Section 1.  Regular meetings of this Union shall be held once each month, at a time and place to be fixed by the Union Executive Board.  With the approval of the membership, July and August meetings may be waived.

Section 2.  Special meetings may be called by the Union President, Executive Board, or by petition filed with the Executive Board.  Above mentioned petition must be signed by a minimum of ten (10) percent of the members of the Union.  These members must be in good standing.

Section 3.  At regular or special membership meetings, five (5) percent of the members in good standing shall constitute a quorum.  At Executive Board meetings, a simple majority of voting members of said board shall constitute a quorum.

Section 4.  Adequate and proper notice shall be given of all regular and special membership meetings.  Said notice shall describe the agenda and other pertinent data.  Stewards shall post all meeting notices on Union bulletin boards under their jurisdiction.  Such posting of notices shall be completed no later than 24 hours prior to meeting date.  In the event of extreme emergency, notice of above meetings may be through whatever medium the Executive Board shall deem necessary.  Those mediums to be first class mail, or radio news or purchased radio time, television news or purchased television time, special bulletins on Union bulletin boards or from any other media of information.

Section 5.  All sovereign powers of this Union shall vest in the regular and special membership meetings.

ARTICLE V

OFFICERS AND EXECUTIVE BOARD

Section 1.  The officers of this Union shall be:  President, First Vice President, Second Vice President, Secretary, Treasurer, and Sergeant-at-Arms.  There shall be three (3) Members-at-Large, who together with the officers shall constitute the voting Executive Board.  These officers in addition to three (3) trustees shall constitute the Union Executive Board.

Section 2.  It shall be the duty of the President to preside at all membership and Executive Board meetings, both regular and special.  He shall countersign all checks drawn against the funds of the Union.  He shall appoint all standing and special committees and chief stewards, subject to the approval of the Executive Board.  He shall report periodically to the membership regarding the process and standing of the Union, and regarding his official acts.  He shall, by virtue of his office, be a delegate to all conventions and conferences at which the Union is entitled to voting delegates.  He shall, also by virtue of this office, be the chairperson of the Union’s negotiating committee, and an ex-officio member of all other committees.

Section 3.  The duties of the First Vice President shall be the same as those of the President, in the event of the absence or disability of the President.  He may, in the absence of the Treasurer, with the approval of the Executive Board, act as co-signer of checks drawn on Union funds or other documents requiring such signature.

Section 4.  It shall be the duty of the Second Vice President to assume the duties of the First Vice President in the event of his absence.  He shall keep a current roster of stewards and chief stewards and shall make this information available to the officers, stewards, chief stewards and copies shall be made for the file and distribution to the membership.

Section 5.  The Secretary shall keep records of the proceedings of the Union in the minutes book kept for that purpose.  He shall carry on, and maintain a file of all correspondence of the Union.  He shall have custody of the Union seal, and shall be responsible for the use or misuse of same.  He shall issue notices of all meetings.  He shall maintain an up to date mailing roster.

Section 6.  It shall be the duty of the Treasurer to maintain a current roster of all members of the bargaining unit, and of all members of the Union.  He shall receive all monies paid to, or collected for the Union.  He shall deposit all monies belonging to the Union in a bank designated by the Executive Board, in the name of the Union as defined in Article I of this constitution.

He shall sign all checks drawn on the Union’s account.  In the absence of the Treasurer and the President, the Vice President and Second Vice President may sign checks drawn on the Union’s account.  He shall maintain regular and accurate accounts of all monies received and paid out by him.  He shall also establish a separate special activities account for monies designated by the membership and/or Executive Board to be used for special events on an as needed basis.  He shall oversee all such accounts.

He shall prepare and submit the monthly membership Income Statement, which shall state the balance of cash as shown by the last report, the amount received since, the total checks issued and authorized, and the balance remaining.  In his absence, he shall prepare and be responsible for the Treasurer’s Report being given at all regular membership meetings and shall see that all bills and expenses are paid.

All accounts and records shall be open for examination by an authorized auditing committee or the trustees.  The Treasurer shall at the expense of the Union, give a surety bond for an amount to be fixed by the Executive Board.

Section 7.  It shall be the duty of the trustees to audit or have audited the Union’s accounts every three (3) months, and report their findings to the membership and Executive Board.  The trustees shall report the results of all audits and findings in writing.

Section 8.  It shall be the duty of the Sergeant-at-Arms to admit to union functions only members in good standing and approved guests, and shall attend to their needs as the President and/or Executive Board may direct.

Section 9.  It shall be the duty of the stewards to serve the needs of their respective jurisdictions and to attend all Executive Board meetings.  They may enter into discussions at all regular Executive Board meetings but may not vote.

Section 10.  Member-at-Large shall fulfill whatever duties are assigned by the President and/or the Executive Board.  Members-at-Large shall also conduct the Steward’s Elections every two years.

Section 11.  The Executive Board shall be the governing body of the Union except when membership meetings of the Union are in session.  All matters affecting the policy, aims, and means of accomplishing the purpose of the Union, not specifically provided for in this constitution, or by action of the membership at a regular or special meeting, shall be decided by the Executive board.  A report on all actions taken by the Executive Board shall be made to the membership at the next membership meeting.

ARTICLE VI

NOMINATIONS AND ELECTIONS

The provisions of this article shall conform with all applicable laws governing Union elections. 

Section 1.  Eligibility – to be eligible for election a nominee must be a member in good standing of the Union and must meet such other conditions as are stipulated in this constitution.

A.  Executive Board – to be a nominee for an elected office, nominee shall be a member in good standing for at least two (2) consecutive years.

B.  Steward – to be a nominee for steward, nominee shall be a member in good standing for at least one (1) continuous year.

Section 2.  Nominations

A.  There shall be a nominating committee appointed by the Union President, whose duties shall be to accept nomination of and investigate all eligible Union members desirous of serving the Union on the Executive Board.  The committee shall be composed of a total of six members of the Union who are not incumbent members of the Executive Board. 

B.  The Members-at-Large will act as the nominating committee for the conduct of and be responsible for conducting steward elections.

C.  Not less than fifteen (15) days before the holding of nominations for Union Officers, a notice of the nominations and elections shall be mailed to each member at the member’s last known address.

D.  Nominations for officers, Executive Board members, and trustees, shall be made by a nominating committee, and submitted to the Union’s membership at a regular January membership meeting.  The nominating committee shall report a slate of at least one candidate for each position to be filled.  Nominations may also be made at a regular or special meeting by a Union member from the floor.  In the absence of a quorum, for the January meeting, a special Executive Board meeting shall be called to accept the nominating committee’s report.

E.  Those nominated shall be afforded the opportunity to accept or decline nomination, and the name of any nominee who declines shall not appear on the ballot.  Upon notification of nomination for office, nominees will be afforded forty-eight (48) hours to accept or decline the nomination.

F.  Nominations for stewards shall be held in their respective work areas in the number and jurisdiction as specified in the working agreement, or any amended version thereof.  Nominations for steward will be made by posting of notification and sign-up sheets on authorized Union bulletin boards in the respective work areas.  Respective work areas shall be defined by employee seniority rosters.  Nomination sign-up sheets will be posted in the month of March for a minimum of two weeks.  In work areas where more than one (1) steward is authorized, there shall be a chief steward appointed from among the elected stewards within the work area, by the President subject to Executive Board approval.

Section 3.  Elections – officers, Executive Board members, and trustees

A.  An election committee shall be established and shall be responsible for conducting the election in accordance with this constitution.  They shall also be responsible for the conduct of the election process.

B.  Any challenge concerning the eligibility of any nominee shall be referred to the election committee for decision and the decision shall be reported to the body before the election.

C.  The election committee shall also report, as expeditiously as possible, the results of the balloting, together with recommendations regarding any protests which have been lodged regarding the conduct of the election.

D.  The election committee shall be responsible for securing all election records, including ballots, for at least one year or as determined by the subordinate body.

E.  No member of the election committee may be a candidate for office.

F. All regular elections shall be held on the first Thursday in the month of February in the odd numbered years at the Union hall.  Voting shall commence no later than 7:00 AM and end no earlier than 7:00 PM to afford all Union members a reasonable opportunity to vote.

G.  Union elections may also be conducted at the same meeting as nominations or at the following meeting or by referendum, as provided in the Constitution or as determined by the subordinate body.

H.  Terms of office shall be for two (2) years with the exception of trustees who shall serve for three (3) years, with one Trustee’s term expiring each year.

I.  Election shall be by secret ballot.  Ballots shall contain the names of all qualified nominees for office.  Ballots will be prepared starting with the office of President and progressing as follows:  First Vice President, Second Vice President, Secretary, Treasurer, Sergeant-at-Arms, Member-at-Large, Trustee.  Incumbent officers will be listed first under each office with the challengers following in alphabetical order.

J.  In any case where there is only one nominee for office, such nominee shall be declared elected.

K.  Write-in votes shall not be valid for any purpose.

L.  Any candidates whose name is to appear on the ballot has the right to have present an official observer of the candidate’s own choosing, who must be a member of the Union, in all places where ballots bearing the candidate’s name are to be cast or counted.

M.  Upon completion of the voting, the ballots shall be tabulated and the candidate for each office receiving the most votes shall be declared elected.  Those elected shall be installed in office immediately upon the subordinate body’s acceptance of the election committee’s general report on the election.

N.  The pre-election incumbents shall remain in office until new officers are installed, except that the President and First Vice President shall remain in an advisory status for a period of 90 days to aid in the transition of the new officers.  The existing officers of President and First Vice President shall remain in pay status for the 90 day period.

O.  In instances of a tie vote, the candidate with the highest Union seniority shall be declared elected.

Section 4.  Board Vacancies

Any vacancy, of an Executive Board position created by resignation or inability to serve with less than one year remaining in the term, shall be filled by election of the Executive Board.

All other Executive Board vacancies shall be filled by special election of the membership as follows:

A.  Not less than fifteen (15) days before the holding of the special election for an Executive Board position, a notice of nominations and elections shall be mailed to each member at the Member’s last known address.

B.  All nominations shall be returned to the Union Hall no later then seven (7) days after the mailing.

C.  Within ten (10) days after the mailing a special Executive Board meeting shall be convened to accept the report of the nomination committee.

D.  The election shall be held on the day of the next regularly scheduled general membership meeting.

Section 5.  Steward Elections

A.  The Members-at-Large will act as the election committee for conducting and be responsible for the conduct of steward elections pursuant to Section 3.A of this article. 

B.  Steward elections shall be held no later than the third Wednesday in the month of April in the odd-numbered years and the results reported to the Secretary before the April Executive Board meeting.

C.  Elections will be scheduled in the respective work areas by the election committee in a manner to afford all Union members eligible an opportunity to vote.

D.  Terms of office shall be for two (2) years beginning in the odd-numbered years.

E.  Election shall be by secret ballot.  Ballots shall contain the names of all qualified nominees for office.  Incumbent stewards will be listed first on the ballot with the challengers following in alphabetical order.

F.  In any case where there is only one nominee for office, such nominee shall be declared elected.

G.  Write-in votes shall not be valid for any purpose.

H.  Any candidate whose name is to appear on the ballot shall have the right to have present an official observer of the candidate’s own choosing, who must be a member of the Union, in all places where ballots bearing the candidate’s name are to be cast or counted.

I.  Upon completion of the voting, the ballots shall be tabulated and the candidates for each office receiving the most votes shall be declared elected.  Those elected shall be installed in office immediately upon the subordinate body’s acceptance of the election committee’s general report on the election.  The pre-election incumbents shall remain in office until new officers are installed.

J.  In instances of a tie vote, the candidate with the highest Union seniority shall be declared elected. 

K.  The election committee shall be responsible for securing all election records, including ballots, for at least one year or as determined by the subordinate body.

Section 6.  Steward Vacancies

Any vacancy with less than one year remaining in the term in the position of steward, created by resignation or inability to serve, shall be filled by presidential appointment with concurrence of the Executive Board.  All other vacancies shall be filled by a special steward election in that area.

Section 7.   Challenges and Protests

A.  Officers, Executive Board members, Trustees and Regular Steward Elections

Any member of the Union may challenge the eligibility of any nominee.  The challenge must be filed with the election committee prior to holding the election.  The election committee shall make a determination regarding the challenge and shall report its ruling to the general membership.  The general membership shall either accept or reject the ruling of the election committee before the reporting and acceptance of the election results.

Any protest concerning the conduct of the election may be lodged at the meeting at which the election is conducted or by filing such protest in writing with the Union, postmarked or stamped by the Union office within ten days following the election.  All interested parties shall be afforded an opportunity to be heard.  The general membership shall decide such protest at its next General Membership meeting.

If the body determines that there were violations which affected the outcome of the election, it may order such election or any part thereof set aside, and a new election held.  Any officers who have been installed before such determination shall remain in office pending the outcome of any new election or of a future appeal.

No subordinate body funds shall be used to institute legal action outside the Union to challenge election rulings.

ARTICLE VII

STANDING AND SPECIAL COMMITTEES

Section 1.  All committees and their members shall be determined by the President with the concurrence of the Executive Board.  The President will appoint the chairperson and co-chairperson of the committee.  The Members-at-Large will maintain a roster of all appointed committees, chairpersons and members.  An updated roster shall be kept in the office at all times.  A review of the status of all committee members shall be made in even-numbered years.

Section 2.  All standing committees shall submit a written report of the committee objectives and goals for the upcoming year to the Executive Board prior to April 30th.  This should include projected expenditures for the coming year and a budget request not to exceed $2000.00.  No budget allocation can be made without this.

Section 3.  All standing committee chairpersons must request prior approval from the membership or the Executive Board for any one expenditure from their budget in excess of $300.00.

Section 4.  If a standing committee uses all of their allocated budget prior to the end of the fiscal year and they need to request an additional amount it must be submitted to the membership or the Executive Board for approval.  This request must be submitted with a detailed report of the year’s expenditures to date and specifics for the additional amount.

Section 5.  Standing committees shall submit monthly an activity and expense report to the Executive Board.

Section 6.  Standing committee training shall be specifically related to the committee objectives and activities.  Only members of the committee may attend the training.  A written report of the training is to be submitted to the membership and Executive Board.  A copy of the materials obtained at the training is to be placed in the Union library for use by all members.

Section 7.  Non-standing committee members requesting to attend training functions shall submit their request to the education committee.  The request should state exactly what the training is for and the total cost.  This request will then be submitted to the membership or Executive Board for approval.  If no lost time is requested and the expense is no more than $50.00 the education committee chairperson may grant approval.  If approved, a written report shall be submitted to the membership and Executive Board.  Materials obtained at the training shall be placed in the library for use by all members.

Section 8.  Any members of this Union who would like to form a new standing committee shall submit a request to the Executive Board outlining the goals and objectives of the committee.  A projected budget shall be submitted if Union funds are requested.

Section 9.  Special committees shall submit a written report to the membership and Executive Board within 30 days after the function.

Section 10.  All other committee activities not outlined above shall be subject to review and approval by the membership and/or Executive Board.

Section 11.  All members of committees shall submit in writing to their respective committee and the Executive Board when resigning from the committee.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

Section 1.  Except to the extent specified in this constitution, no officer of the Union shall have the power to act as agent for, or otherwise bind, the Union in any way whatsoever.  No member or group of members, or other persons, or group of persons, shall have the power to act on behalf of, or otherwise bind the Union, except to the extent specifically authorized in writing by the President of the Union, or by the Union Executive Board.

Section 2.  The Executive Board may, with the approval of the membership, authorize salaries or dues rebates and personal expense monies.  Any such expense monies authorized shall be itemized as spent and reported back to the Executive Board in writing.

Section 3.  Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable, and in which they are not inconsistent with this constitution and special rules of this Union.

Section 4.  All expenditures other than normal operating costs must be approved by the membership or Executive Board prior to being committed.

ARTICLE IX

AMENDMENTS

Section 1.  Proposals to amend this constitution shall:  1) be signed and submitted to the Constitution Review Committee by petition containing 150 member signatures or 30% of the membership; or 2) be proposed by two-thirds (2/3) vote of the Executive Board.  The Constitution Review Committee shall make a recommendation to the Executive Board on amendments submitted to it not later than 90 days after they are submitted.  Notice of such amendment, containing the Executive Board’s recommendation thereon, and the date, time and location of the meeting at which the amendment will be voted upon, must be mailed to each member at least 15 days prior to such meeting.  The text of the amendment and the Executive Board’s recommendation shall be read or distributed to the membership at such meeting prior to voting.

Section 2.  Amendments shall be adopted by two-thirds (2/3) majority vote of active members present.

ARTICLE X

ESTABLISHMENT OF THE GRIEVANCE APPEAL BOARD

Section 1.  The Grievance Appeal Board shall meet on an as-needed basis. 

Section 2.  The Grievance Appeal Board shall consist of five (5) members, appointed by the President.  The President shall serve as the non-voting Chairperson.

Section 3.  No member of the Grievance Committee shall serve on the Grievance Appeal Board.

ARTICLE XI

APPEALS OF MEMBERS FROM UNION’S DISPOSITION OF GRIEVANCES

Section 1.  The Union shall have the exclusive authority to interpret and enforce the collective bargaining contract.  In accordance therewith, the Union shall have the exclusive authority to submit grievances to arbitration, withdraw grievances, settle and compromise grievances and decline to invoke the grievance procedures of a collective bargaining contract.  The President, or his or her designated representative, shall make the decision as to whether a grievance is to be submitted to arbitration.

Section 2.  Any member who disagrees with the disposition of his or her grievance by the Union President, or the President’s designated representative, shall have the right to appeal the decision to the Union Grievance Appeal Board.

Section 3.  The appeal shall be submitted, in writing, to the Grievance Appeal Board within 15 days from the date the member is first advised of the Union’s disposition of the member’s grievance.  The appeal shall contain a simple statement of the nature of the grievance and any other matter the member wishes to bring to the attention of the Grievance Appeal Board.  A meeting of the Grievance Appeal Board shall be arranged as soon as possible and practical following the submission of an appeal by a member.  The appellant shall be notified by mail of the date and time the meeting will take place.  The Grievance Appeal Board shall treat the appeal as either a request for review or a request for reconsideration.

Section 4.  The Grievance Appeal Board shall hear both the appellant and the First Vice President, who will represent the Grievance Committee.  After both presentations the Grievance Appeal Board shall conduct a vote.  The appellant shall be notified of the decision of the Grievance Appeal Board within seven (7) working days by Certified and First Class mail.  There shall be no further appeal from the decision of the Grievance Appeal Board.

Section 5.  Any member who does not appeal the Union’s disposition of his or her grievance as provided above shall be deemed to have acquiesced in said disposition.

ARTICLE XII

GROUNDS FOR CHARGES AGAINST MEMBERS, OFFICERS, AND STEWARDS

Section 1.  Every member of the Grand Rapids Employees Independent Union, by virtue of such membership, agrees that, in consideration of the rights and benefits conferred upon him or her pursuant to the terms of this Constitution, he or she shall be subject to disciplinary action for any conduct which constitutes a violation of his or her duties and obligations as stated in Section 3.  Every member, by virtue of his or her membership, agrees that termination of membership does not terminate his or her liability for discipline for acts occurring during the period of his or her membership.

Section 2.  No member or Officer shall be required to stand before the Hearing Board on charges involving the same set of facts as to which he is facing criminal or civil trial until his final court appeal has been concluded.  Any charge based upon alleged misconduct which occurred more than one (1) year prior to the filing of such charge is barred and shall be rejected by the Secretary, except charges based upon the non-payment of dues, assessment and other financial obligations.

Section 3.  Any officer, Steward, or Member may be charged and disciplined for engaging in conduct which constitutes a violation of his or her duties and obligations to the membership.  The basis for such charges shall consist of, but not be limited to, the following:

a.  Violating any provisions of the approved Constitution or established Rules and Regulations of the GREIU.

b.  Failing to pay dues, fines, assessments, fees, and other financial obligations in a timely manner.

c.  Obtaining membership through fraudulent means or by misrepresentation.

d.  Working in the interest of, or accepting membership in any competing organization dual to the GREIU.

e.  Unreasonably, unlawfully, or improperly disturbing the peace or harmony of any meeting of the GREIU.

f.  Embezzling, misappropriating, fraudulently receiving, wrongfully handling, or failing to account for the funds of the GREIU, or any employee benefit fund. 

g.  Using the name of the GREIU for soliciting funds or advertising, or any other similar activities.

h.  Furnishing a complete or partial list of the membership of the GREIU to any person other than those whose position entitles them to have a list, without specific authorization in writing from the President.

i.  Deliberately engaging in conduct in violation of the responsibility of members toward the GREIU as an institution.

j.  Taking any action or engaging in conduct which would put another member in disrepute.

k.  Crossing or working behind a legal picket line established by the GREIU.

l.  Deliberately interfering with the performance of the legal or contractual rights or obligations of the GREIU.

m.  Wrongfully taking, retaining, or destroying any money, books, papers or any other property belonging to the GREIU.

n.  In the case of any Officer or representative of the GREIU, failing to faithfully perform the duties of his or her office or position or accepting dual compensation or expenses for the performance of duties related to his other office or position.

ARTICLE XIII

DISCIPLINARY PROCEEDINGS

Section 1.  A member shall be charged and tried in the Union if the person is a member of the Union at the time the charges are filed.  Any person no longer a member may be charged and tried in the Union if the actions were committed while such person was a member of the Union. 

Section 2.  Charges may be preferred by an active member of the Union.

Section 3.  More than one charging party may join in the same set of charges, but the charges must name one of the charging parties as the representative of the others to be responsible for filing papers, receiving papers, and trying the case.  Where the charges fail to designate such representative, then the first charging member named in the charge shall be considered the representative of the others.

Section 4.  All charges and other form documents shall be considered filed as of the earliest date, either postmarked or stamped received by the Union office.  In addition, it shall be the responsibility of the charging party to verify the date received has been noted on all documents.

Section 5.  Charges shall be filed with the Union office within thirty (30) days after the basis for the alleged violation has been or should have been discovered. 

Section 6.  The charges shall specify the Article or Articles of the Union’s Constitution allegedly violated and shall also set forth a short and plain factual statement of the act or acts considered to be in violation, including available information as to dates and places, in such a manner as to fairly inform the accused of the specific acts which are alleged to constitute violations of the Constitution.  By vote of the Union Executive Board, charges failing to comply with this requirement shall be dismissed by the Union Executive Board, without prejudice to the re-filing of charges which do comply provided the re-filing does not exceed the original thirty (30) day time limit.

Section 7.  A true and correct copy of the charges; a copy of Article XIII of the GREIU Constitution and any applicable policies shall, without delay, be served upon the accused via certified mail with return receipt requested and first class mail.  The accused shall be afforded seven (7) days after receipt to reply in writing to the charges, if he or she so desires.

Section 8.  On motion of the accused before a Hearing Board, or upon its own motion, the Hearing Board as defined in Article XIII, Section 10., may dismiss without a hearing any charges it finds are of such a trivial nature that the interest of the Union does not justify the expenditure of time, money and other resources necessary for the conduct of a disciplinary proceeding.

Section 9.  The hearing on the charges shall be held as soon as practical, but no later than sixty (60) days following the date on which the charges are filed.  However, upon request of either party, for good cause shown, an adjournment to a later date, not to exceed 120 days from the date charges are filed, may be granted by the Hearing Board.  The Hearing Board shall have the power, upon its own motion, to postpone any scheduled hearing, provided such postponement shall not be beyond 120 days from the date the charges are filed.  Any such hearing board decision to postpone the hearing beyond the scheduled date or to set a hearing for 60 days beyond the date of the charge being filed must be served upon all parties immediately.  Every effort shall be made to schedule the hearing so that it does not conflict with the working schedule of the parties, and at least 14 days notice of the hearing date shall be given in writing.  Any request for the postponement of the hearing date must be received by the Hearing Board at least three (3) days before the scheduled hearing date unless a satisfactory showing is made of inability to comply with this requirement.  The request must include good cause for such a postponement.  In the event the accused fails to appear for a duly noticed hearing, it shall nevertheless proceed.

Section 10.  The President shall have the authority to establish and preside over a Hearing Board consisting of three (3) members to hear any disciplinary case.  No Officer or Executive Board member may be appointed to the Hearing Board.  The hearing shall take place before the Hearing Board, which for the purposes of this Article shall mean those members of the Union appointed by the President.  No charging party or accused member or a witness may serve on the Hearing Board in the conduct of disciplinary proceedings.  Where the Chairperson is unable to serve for any reason, the First Vice President shall act as Chairperson.  Where the First Vice President is unable to serve for any reason, the remaining members of the Union Executive Board shall designate one of their number to act as Chairperson.  On motion filed with the Hearing Board, prior to the hearing, either party may ask that a particular Hearing Board member be excused from participating in the proceeding if he or she thinks that he or she cannot receive a fair hearing before that Hearing Board member.  The Hearing Board shall give precedence to consideration of such motion.  For purposes of a hearing, a quorum of the Hearing Board shall consist of three of its members and a quorum is necessary throughout the hearing.  If a Hearing Board member is absent during any portion of the hearing, he or she may not participate further in the proceeding.  All questions of order, procedure, and admissibility of evidence shall be decided by the Chairperson, subject to being overruled by a majority vote of the Hearing Board upon motion by a member of the Board.

Section 11.  The accused and charging parties shall have a fair, impartial hearing and shall have the right to present witnesses and other evidence on their behalf and to examine any witness.  A charging or accused member shall have the right to refuse to testify.  A charging or accused member may be assisted, advised, or represented by another member of the Union.  At the commencement of the hearing, the Chairperson of the Hearing Board shall advise the parties of their rights as set forth in this section and shall read charges to the accused.  The accused shall then plead guilty or not guilty to each charge.  In the event the accused elects not to appear or to respond, he or she shall be deemed to have entered a plea of not guilty, and the hearing shall proceed.  Throughout the hearing, there shall be a presumption of innocence in favor of the accused.  The charging party shall present his or her case first and shall have the burden of proving the allegations contained in the charge.  At the close of the party’s case, either the accused or a member of the Hearing Board shall have the right to move to dismiss the charges because the charging party has failed to present record evidence that establishes a violation of the Union’s Constitution.

Section 12.  Upon the completion of the hearing proceedings, the Hearing Board shall, without undue delay, determine the innocence or guilt of the accused, based solely on the record evidence.  The parties shall be advised of the decision by certified mail with return service requested and regular mail.  A verdict of guilty shall require a two-thirds majority vote of the Hearing Board.  If the decision is that of guilty, the Hearing Board shall affix appropriate penalties.  Any member found guilty of any one or more of the charges against him or her may be censured, fined, suspended, and/or expelled, provided that such discipline shall be reasonable and fair and, provided further, that no discipline shall be imposed without stating detailed specificity what the discipline is being imposed for.  The decision and/or penalty(s), if any, shall be reported to the Executive Board within seven (7) calendar days of the date of the decision.

Section 13.  The penalty, if any, imposed by the Hearing Board shall become immediately operative unless stayed by the Union Executive Board in response to an appeal from the charged party.  Such appeal shall be filed within seven days of receipt of notification from the Hearing Board.  The officer who presided as Chairperson of the Hearing Board must abstain from voting in this case.

 

APPENDIX A

I                                                      , promise to abide by the Constitution of the Grand Rapids Employees Independent Union.  I further promise to carry out all duties assigned to me and to do my best to uphold and promote the principles of trade union democracy.

APPENDIX B

I, , promise and pledge that I will perform faithfully and with honor the duties of the office which I now assume in the Grand Rapids Employees Independent Union, and I will deliver to my successor in office all books, papers and other property of this Union which are in my possession at the close of my official term.

APPENDIX C

The original election of officers shall take place not later than sixty (60) days after certification by the State of Michigan of the Grand Rapids Employees Independent Union as exclusive bargaining agents for the Grand Rapids Non-Uniform City Workers.

April 14, 1987

Amended:August 6, 1987

Amended:December 3, 1987

Amended:June 1, 1989

Corrected:February 19, 1991 (Article V, Section 11, H.)

Amended:November 1, 1991

Amended:June 4, 1992

Amended:September 5, 1996

Amended:May 6, 1999

Amended:February 4, 2010

POLICY – ARTICLE V

Section 6.

Policy – Use for Special Committee Account

1.  All monies must be pre-approved by the General Membership or the Executive Board.

2.  The approved amount less current special account balance will be deposited.

3.  One individual from each Special Committee shall complete a registration authorization card prior to receiving the checkbook and disbursing funds.

4.  The office staff shall continue making copies of all blank checks assigned to a specific committee and record all required documentation prior to releasing checkbook.

5.  Designee shall keep a running balance of all applicable expenditures for that particular committee.

6.  The designee shall submit a written expense report to the office within 30 days after the function per Article VII, Section 9.  The report must be date-stamped and given to the Treasurer for review.

7.  Designee shall return checkbook to the office and/or Treasurer immediately after writing checks covering all expenditures.

ARTICLE VI, SECTION 6.

POLICY – SPECIAL STEWARDS ELECTION

A.  Vacancies shall be posted in respective work areas as defined by employee seniority rosters by the Second Vice President for one week to afford interested members the opportunity to run for Steward.

B.  Elections will be scheduled and held in the respective work areas by the Second Vice President and a member of the stewards election committee in a manner to afford all union members eligible an opportunity to vote.

C.  The term of office shall be the remainder of the unexpired term.

D.  Elections shall be by secret ballot.  Ballots shall contain the names of all qualified nominees for office.

E.  In any case, where there is only one nominee for office, such nominee shall be declared elected.

F.  Write-in votes shall not be valid for any purposes.

G.  Any candidate whose name is to appear on the ballot shall have the right to have present an official observer of the candidate’s own choosing, who must be a member of the Union, in all places where ballots bearing the candidate’s name are to be cast or counted.

H.  Upon completion of the voting the ballots shall be tabulated by the Second Vice President and the candidate receiving the most votes shall be declared elected and installed immediately by the Second Vice President.  A general report on the election shall be reported as soon as practical to the executive board.

I.  In the event of a tie vote, the candidate with the highest seniority shall be declared elected.

J.  The election committee shall be responsible for securing election records, including ballots, for a 30 day period or as determined by the subordinate body.

POLICY – ARTICLE VIII

Section 1.

When entering into a short-term financial obligation on behalf of the Union, a special emergency executive board meeting shall be called, per Article IV, Section II.

POLICY – ARTICLE XIII

Section 4.        All correspondence shall be opened by the office; date-stamped and initialed                    by staff.   All envelopes are to be attached to the correspondence.

Section 6.      All charges will be examined within seven (7) days after receipt by the Union  

                             Executive Board prior to being sent to the charged party.

     Section 10.      An entirely different hearing panel will be used when one individual is

                             charged by more than one party for unrelated incidents.

     Section 11.      All format and procedural regulations will be determined prior to the start of

                             the hearing by the hearing Chair and panel.  They will be explained to all

                             parties involved at the beginning of the hearing.

     Section 12.      After completion of the hearing, the Chair must notify all parties including the

                             Executive Board, of the panel’s decision within 7 days in writing.