By-Laws of
Bakers Local No. 57
Article I
ORGANIZATION: Title
Section 1. This organization shall be known as BCTGM Local Union No. 57, Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, AFL-CIO, CLC.
Objectives
Section 2. The objectives of this Local are to secure for its members decent working conditions, fair wages, the benefits of collective bargaining and other items of mutual benefit and interest to Bakery, Confectionery, Tobacco Workers and Grain Millers within the jurisdiction of the charter of this Local and to promote the dignity of labor among all working men and women.
Rights of Members: Elections, Voting
Section 3. Every member of this Local has equal rights and privileges within this Union to nominate candidates, to vote in elections or referendums, to attend membership meetings and to participate in the deliberations and voting upon the business of such meeting, subject to the By-laws of the Local.
Rights of Members: Speech, Assembly
Section 4. Every member of this Local has the right to meet and assemble freely with other members; and to express any views, arguments or opinions; and express at meetings of the Local his/her views upon candidates to office in an election of this Local or upon any business properly before the meeting, subject to the Constitution and By-laws of the Local.
Duties of Members
Section 5. Membership in this Local is a privilege. This is a voluntary association and the purpose of these By-laws is to enact standards of conduct for the members of the Local and to provide for methods of handling the business of the Local. Every member agrees that in consideration for the valuable benefits inuring to him/her through membership in this Local, through the joint action of the membership in collective bargaining for wages, hours and other conditions of employment and the protection afforded the individual member through his/her membership in the Local, as well as all other benefits inuring to him/her through his/her membership, that he/she will faithfully, in spirit and fact abide by and uphold these By-laws and standards of conduct enacted by the membership of this Local. Each member further agrees, in consideration for the valuable benefits inuring to him through this membership that any breach of these By-laws by a members shall be unlawful and the member may be charged and tried under the procedure established by these By-laws and the Constitution of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union.
International Constitution Adopted
Section 6. This Local shall consist of duly obligated members who subscribe to and observe the provisions of the Constitution of, and such rules, policies and regulations pursuant thereto as may be established by the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union.
Article II
APPLICATION FOR MEMBERSHIP: Standard Form
Section 1. Each qualified applicant for membership in this Local shall fill out a standard form of application by this Local.
Approval
Section 2. Each application accompanied by a deposit toward the payment of the initiation fees shall be filed with the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary and referred by him/her to a regular meeting of the Local or to the Executive Board for action. If the application is approved, the applicant shall be so notified and furnished with an electronic copy or copy of the Constitution of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, the By-laws of this Local and an electronic copy or copy of their present contract, to be provided by the Local with instructions to examine the same and to make himself/herself familiar with the provisions thereof and the obligations therein assume. No person shall certify any false statement or answer on the official form of application for membership or otherwise by false pretense, misrepresentation or fraud attempt to secure membership in this Local. Whoever violates this prohibition immediately forfeits all right to further consideration of his application and forfeits all monies paid by him toward initiation fees.
Article III
OFFICERS: Titles
Section 1. The officers of this Local shall be the President, Vice President, Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary, three (3) Trustees, and the Sergeant-at-Arms.
Duties
Section 2. The Executive Board shall meet in person or virtually each month between regular membership meetings, except during summer months, and shall have full and complete charge of all business of the Union demanding immediate action. They shall submit their actions to the next regular meeting of the Local for approval. The Executive Board shall remove stewards for failure to perform their duties faithfully and honorably on behalf of the membership.
Section 2.(a) The President shall preside at all meetings of the Local, preserve order and enforce its laws. He/she shall decide all parliamentary questions and usage, appoint or cause to be elected required committees and see that the International Constitution is maintained and observed. He/she shall have the deciding vote whenever the vote of the Local shall be equally divided on any question. He/she shall together with the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary sign all checks of this Local.
Section 2.(b) The Vice-President shall assist the President 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. The Vice-President shall have the power to sign checks together with the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary or President.
Section 2.(c) The Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary shall receive all money income of this Local; shall keep a correct account of all receipts and disbursements of the funds of the Local and all other funds in which the Local participates; shall be the custodian of the seal of the Local; shall, together with the President or Vice-President, sign all checks of this Local, shall maintain a record of each member’s dues, in a manner to permit a rendering of a clear report thereon at meetings whenever called upon to do so; shall receive all money collected at Local union meetings; shall deduct the amount due in per capita payment to the International Union from such collections and shall make prompt remittance of the amount of such per capita payment to the International Secretary-Treasurer; he/she must after the last meeting of each month, submit to the International Secretary-Treasurer a complete report of all receipts and expenses of the Local Union on blanks supplied by the International Office, keeping a copy of said report in the files of the Local; he/she shall give notice of delinquency in writing to delinquent members of post suitable notices of delinquency at their places of employment at least twenty-four (24) hours before they may be expelled for delinquency in dues or assessments, pursuant to the Article XIX, Section 6.(c) of the International Constitution; he/she shall make a report of the names of expelled members to the International Secretary-Treasurer, shall keep a correct list of the names and addresses on members in this Local; shall keep a correct account of all receipts and disbursements of strike costs, a report of which shall be made by him/her to the International Office at least every two (2) weeks during the strike period; he/she shall have the responsibility of having an independent accountant engaged, at least annually, for an audit of the books and records of this Local; shall with his/her order therefore remit to the International Office all money for the payment of labels and supplies and all assessments due to the International Office; he/she shall pay out no money other than those stated unless the same is ordered paid by this Local; he/she shall be responsible jointly with the trustees, for the proper custody of all bonds and other securities and shall arrange for facilities whereby such bonds or securities may be released from custody of sale, exchange or audit purposes only through orders signed by himself/herself, the President and Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary and bearing the seal of this Local. He/she shall at no time keep more than twenty-five (25) dollars cash of the Local funds in his possession unless otherwise directed by the Local and not expressly disapproved by the International Secretary-Treasurer; all money in excess of that sum shall be deposited to the credit and in the name of this Local in a bank designated for that purpose, by this Local. He/she shall perform all other duties prescribed by the International Constitution.
Section 2.(d) The Trustees of this Local shall arrange for proper banking facilities; shall audit the books and accounts of the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary at least once every three (3) months covering quarterly periods designated by the General Executive Board for which purpose they shall obtain proper bank statements; they shall furnish the International Secretary-Treasurer with reports showing the condition for each period at time prescribed by him/her on blanks supplied for that purpose; which reports shall be submitted and read at the Local meeting. They shall cooperate with any independent accountants who shall be engaged by the Local and shall be responsible for furnishing a copy of said report the the International Secretary-Treasurer and shall submit either the report or a summary thereof to the Local membership. One Trustee must be a member of the Executive Board, but with no voting power.
Section 2.(e) The Chairman of the Board of Trustees shall be responsible to the Local and to the International for the proper functioning of the Trustees in each case. The names and addresses of the Trustees shall be furnished to the International Office.
Section 2.(f) The Sergeant-at-Arms shall assist the President in keeping order and shall permit no one to enter Local meetings except members and such persons as may be granted permission by the Local.
Section 2.(g) The Local Executive Board shall include the President, Vice President, Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary, one Trustee with no voting power and Chief Stewards and Advisors elected by their shops. Shops are entitled to elect members to the Executive Board from among their stewards as follows: one member from each shop with more than thirty but less than two hundred members of the Local in good standing; two members from each shop of more than two hundred members of the Local in good standing. Chief Steward/Executive Board Members elections shall have two (2) tellers to conduct an election with respect to such positions. Each candidate for election to office shall be permitted to have one (1) observer present at the casting and the counting of ballots.
Term
Section 3.(a) Officers of this Local, with the exception of Executive Board Members, shall be elected and hold office for a term of three (3) years and shall continue in office until their successors are duly elected and installed.
Section 3.(b) Whenever a vacancy occurs in the elected office between regular elections where the succession to that office is not specified in these By-laws, the Executive Board shall fill the office by appointment for the remainder of the term.
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Charges Against
Section 4. If at any time detailed specific charges are filed by a petition signed by any member against any elected officer charging serious misconduct. The Executive Board shall immediately investigate the complaint, hold a hearing at which the charged and charging parties shall be given ample opportunity to be heard, after which the Executive Board shall make a finding charging a violation under Article XXII. Section 1. of the International Constitution or other serious misconduct, subject to appeal as provided by Article XXII of the International Constitution.
Bonding
Section 5. All officers or stewards of the Local who handle funds or other property of the Local shall be bonded for the faithful discharge of their duties, according to the provisions of these By-laws and of the Constitution of the International Union and as provided by Section 502 of the Labor Management Reporting and Disclosure Act of 1959. Proof of this bonding shall be given to the Trustees.
Qualifications to Hold Office
Section 6. A candidate for office must be a continuous good-standing dues paying member of the International Union and BCTGM Local Union No. 57 for at least two (2) continuous years next prior to nomination and election and continue to meet all requirements or Article XVI. Section 11. of the International Constitution.
Article IV
Fees, Dues, Assessments: Initiation Fee
Section 1. A new member shall pay an initiation fee to the Local for membership set by the Local Union.
Section 2. The established monthly dues shall be paid monthly or quarterly but always in advance. Monthly dues shall not be increased or decreased except by a vote in accordance with Article XI, Section 3 or by action taken at the BCTGM Constitutional Convention.
Fees, Dues: Collectable
Section 3. It is understood and agreed that membership dues and initiation fees when due and payable constitute a debt due and owing to the Local for which a judgment may be taken against the member in any court of competent jurisdiction.
Effective January 1, 2023, Local 57 will automatically issue a withdrawal/retiring card to any member that has no hours of employment within the industry for at least one full calendar month, in accordance with Article XX of the International Constitution. Members who have been automatically issued a retiring/withdrawal card may regain their continuous good standing by providing written notice to Local 57 and by paying any dues missed during the period that they were withdrawn from the active rolls.
Assessments: Levying
Section 4. No Local assessments shall be levied or collected until all members have been notified by written or printed notice fifteen days in advance of the proposed assessment and the purpose thereof with a specified date, time and place of regular or special meetings to consider, discuss and vote on said proposed assessments. It shall require a majority vote of all members present and voting to authorize the adoption of the proposed assessment. No such assessment shall be proposed, adopted, laved or collected from any member except to provide funds for the recognized and necessary operating and organizing expenses of the Local and taxes, fees and other obligations due the International.
Assessments: Collectable
Section 5. The failure of any member to pay promptly a duly passed assessment within the time limit provided in the assessment resolution shall constitute a breach of these By-laws and said members shall be charged and tried under provisions of these By-laws. If found guilty, judgment may be taken against the member in any Court of competent jurisdiction.
Expenditures
Section 6. Local funds shall be derived from sources specified in the International Constitution and shall not be appropriated, loaned, donated or disbursed for any purpose except the recognized and necessary operating and organizing expenses of the Local and taxes, fees and other obligations due the International Union and dues to intermediate bodies, state and Local councils.
Audit of Books
Section 7. The books and records of this Local shall be audited quarterly by the Trustees or a majority of them. A certified public accountant shall audit the books and records at the request of the Executive Board or Trustees.
Books Open to Members
Section 8. The books and records of this Local shall be open to the inspection of every member at all reasonable times upon the written request of the member desiring inspection, stating the reason for his/her request.
Article V
Meetings: Time and Place
Section 1. The regular membership meeting of BCTGM Local Union No. 57 shall be held virtually or in person on the second Saturday of February, May, August and November at such meeting place to be selected at the previous meeting or as designated by the President and Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary by notice given to all members by mail or shop bulletin board at least five (5) days prior to the meeting date. Seven (7) members shall constitute a quorum.
Special Meetings
Section 2. Special meetings shall be called by the Local President or Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary upon the recommendation of the Executive Board or upon the request of at least (10) members in good standing or ten percent (10%) of the members in good standing, whichever is the greater number. The call for the special meeting shall specify the time, place and purpose thereof, and no subjects other than those specified in the call shall be considered at such meetings.
Article VI
ELECTIONS: Nominations
Section 1. Nominations for officers in this Local shall be made at a regular meeting in the month of November proceeding the expiration of the current term of office of the Local officers, additional delegates to the International Conventions shall be nominated and elected at a regular or special meeting. All nominations shall be closed at said regular or special meetings. No nominee shall be a candidate for more than one (1) Union office. The office of Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary is a single office under Article III. Should a member be nominated for more than one (1) office, he/she shall immediately declare the office for which he/she will be a candidate. In the event there are two or more nominations for any office, the President or presiding Officer shall designate the date for an election and shall appoint at least two (2) tellers and one (1) judge to conduct an election with respect to such offices. Each candidate for election to office shall be permitted to have one (1) observer present at the casting and the counting of the ballots.
Convention Delegates
Section 2. The following officers shall serve, by virtue of office, as delegates to the International Union Convention and any other Union convention or meeting, and the Local Union’s allotted delegation slots will be filled in the following order:
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Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary
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President
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Vice President
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Chairman of Trustees
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Trustee with most years of service
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Trustee with fewest years of service
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Sergeant-at-Arms
Officers in the above list not included in the allotted delegation shall replace delegates in the order shown above. Convention delegates will receive funds sufficient to allow for attending the International Union Convention and any other Union convention or meeting. Full-time employee business agents may attend the Convention, and other Union meetings, as non-delegate guests of Local 57, provided the Local’s financial position is sufficient to afford the related travel costs.
Eligible Voters
Section 3. Only members in good standing are eligible to participate and vote in elections. All members in good standing shall be notified at least fifteen (15) days in advance by mailing a written or printed notice to each member at his last known home address, stating the date, time, place and purpose of the meeting for nomination an also regarding the dates, times and places of elections. Provided however, that if there is only one nominee for any office, the election may be held with respect to such office at the same meeting as that at which such nomination was made, without further notice.
Secret Ballot
Section 4. Elections of all Local Officers, Chief Stewards/Executive Board Members, and Advisor shall be by secret ballot.
Term of Office
Section 5. Local Officers shall be installed on or before the first day of February. All Local Officers shall be elected to serve a term of three (3) years. Members of the Executive Board and Stewards shall be elected to that office for a term of two (2) years, except that the President, Vice-President and Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary shall be members of the Executive Board ex officio.
Section 6. The Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary is the only elected officer that will be employed full-time by the Local.
Section 7. The Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary may hire full-time and/or part-time business agents and office administrative staff with the approval of the Executive Board. All employee business agents and administrative staff shall work the schedule and perform the tasks assigned to them by the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary, subject to the periodic review and approval of the Executive Board. Members in good standing of Local 57 shall be given first consideration by the Executive Board when filling open positions. However, this does not preclude the hiring of a non-member if an open position cannot be filled by a qualified Local 57 member. All Local 57 employee business agents and administrative staff shall join and/or remain a member of Local 57 after their hire date.
Ballots
Section 8. All ballots for elections shall be preserved by the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary for a period of not less than one (1) year.
Absentee Ballots for Shop Steward
Section 9.(a) A member can only vote by absentee ballot for Shop Steward if he or she is on the time clock at the time of the election. Absentee ballots must be presented in the following form in order for them to be considered valid:
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The ballot must list the name of the person that the ballot is being cast for along with the position they are running for.
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The ballot must then be placed in an envelope and sealed. The outside of the envelope must be signed by the member casting the ballot in order to verify eligibility to vote.
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No mail-in ballots will be permitted for Shop Steward and Chief Steward elections.
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The Local’s Executive Board shall appoint Stewards to fill vacancies.
Mail-in Ballots for Elections
Section 9.(b) Every member in good standing is eligible to vote in a general election by a mail-in ballot. Mail-in ballots will be handled in the following manner:
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At least fifteen (15) days prior to the election an official mail-in ballot packet will be mailed to each member at the member’s last known address on file at the Union office. (It is the responsibility of the member to furnish the Union office with a current address.)
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The official mail-in ballot will contain the names of those members running for office and list what office they are running for.
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A blank white envelope will be included in the mail-in packet for the member to place his/her marked ballot into and seal closed.
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An envelope addressed to a special Post Office Box will be included in the mail-in packet so the member can place the sealed envelope containing the ballot inside to be mailed.
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The member will be required to sign the outside of the addressed envelope in order for the Election Committee to verify eligibility to vote.
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Instructions will be included in the mail-in ballot packet.
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All mail-in ballots will be picked up for counting at the Post Office by the Election Committee at a date designated by them.
Local Funds: Use Prohibited
Section 10. No funds of this Local shall be used, directly or indirectly, to promote the candidacy of any person in an election in this Local.
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Article VII
CHARGES: Form and Contents
Section 1. All charges shall be in writing, signed by the party preferring them and shall contain a detailed statement of the facts out of which the charges arose and the duty or obligation alleged to have been violated. Charges shall be filed in duplicate with the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary.
Conduct of Trial
Section 2. Trials shall be conducted by the Local Executive Board and shall conform to the charges and trials procedure set forth in the Constitution of the International Union.
Discipline: Prerequisites
Section 3. No member shall be disciplined by the Local for a breach of these By-laws, except in the case of non-payment of dues, unless such member has been:
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Served with written specific charges;
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Given a reasonable time to prepare his/her defense;
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Afforded a full and fair hearing.
Article VIII
COLLECTIVE BARGAINING AGREEMENTS:
Duties of Principal Officer/Financial Secretary-Treasurer
Business Agent/Recording Secretary
Section 1. It shall be the duty of the Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary to represent this Local and its members in matters pertaining to collective bargaining agreements, wages, hours, conditions of employment and to supervise the conduct and activities of members in connection therewith to the end that the provisions of the Constitution of the International Union and of these By-laws are complied with. The Principal Officer/Financial Secretary-Treasurer/Business Agent-Recording Secretary may call upon the International or Executive Board for help in collective bargaining.
Ratification of Contracts
Section 2. Contracts shall be ratified by a majority vote of the members of this Local or shop, present at a duly called shop meeting, present and voting at the meeting.
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Article IX
STRIKES: Vote Required
Section 1. If strike action is deemed necessary, the Local shall immediately by written or printed notice to each member, call a special meeting at a specified time and place to consider and decide if a strike is advisable or desirable and it shall require approval of three-fourths (¾) of the members in good standing present and voting by secret ballot at said meeting to declare a strike. A majority vote of all members in good standing present and voting shall determine the end of a strike period.
Article X
HEARINGS: Local Remedies
Section 1. All members will be required to exhaust reasonable hearing procedures (not to exceed a four (4) month lapse of time) within our International Union before instituting legal or administrative proceedings against the Local or any officer thereof.
Article XI
BY-LAWS: Robert’s Rules Adopted
Section 1. All regular and special meetings of this Local shall be conducted in accordance with Robert’s Rules of Order and the order of business for Local Unions as set forth therein.
By-Laws: Duty to Know
Section 2. All members are presumed to know the contents of these By-laws.
By-Laws: Amendment
Section 3. These By-laws cannot be altered or amended unless the amendment is presented in writing, read at the next regular or special meeting, posted no less than thirty (30) days prior to voting, and passed by a majority of all members present at the next regular or special meeting.
Constitution Supersedes
Section 4. In the event any provision of these By-laws conflict with the International Constitution then the International Constitution shall prevail.
Severability Clause
Section 5. The provision of these By-laws are severable and if any one or more provisions are unlawful, the others shall nevertheless remain valid and in full force and effect.
Membership Oath
After having successfully met the application requirements and been accepted to membership, candidates shall be required to assume the following obligation, which they shall repeat when read to them by the presiding officer of the meeting in which they are initiated:
I, (giving name), solemnly promise to maintain the Constitution of the International Union and the By-laws of this or any other Local Union with which I may become affiliated as they are now constituted or may later be changed.
I promised to maintain the dignity of this organization and to further its objectives.
I furthermore promise that I will not join or render aid or comfort to any organization hostile to the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and that I will keep secret the proceedings of the Union.
I also promise that I will, whenever possible, purchase only Union Label goods, and that I will patronize only those establishments that display Union cards and Union service buttons.
Officer’s Oath
I, (giving name), do solemnly swear that I will perform the duties of my office faithfully and honorable on behalf of the membership, and that I will always conduct myself in this office according to the strictest requirements and standards of conscience and integrity, and the provisions and spirit of the Constitution of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and the By-laws of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and of my Local Union and that I will carefully preserve and guard all Union property that may be left in my charge and that upon the expiration of my term of office I will turn over such property to my duly elected and installed successor.
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