REVISED JULY 1992

ARTICLE I

NAME AND AFFILIATION

Section A

This organization shall be known as Local 483 of the Utility Workers Union of America, AFL-CIO, with jurisdiction over those employees of Pacific Enterprises who, by agreement, certification or other means it is authorized to represent.

Section B

Local 483 shall always remain affiliated with the Utility Workers Union of America, affiliated with the America Federation of Labor and the Congress of Industrial Organizations.

Section C

Local 483 may affiliate with any organization endorsed or approved by the National UWUA or AFL-CIO, by a majority vote of its membership when such affiliation is a proper order of business and without any commitment that such affiliation will remain indefinitely.

ARTICLE II

OBJECTIVES

Section A

To protect, maintain and advance the interests of the workers, to improve working conditions, and to secure adequate remuneration for its members.

Section B

To secure equal pay for equal work, regardless of race, creed, color, sex, age, or national origin.

Section C

To extend unionism on the basis of industrial organization; to secure legislation in the interest of all working people; to promote recognition and acceptance of true collective bargaining in industry, and to increase public understanding and support of the labor movement.

ARTICLE III

MEETINGS

Section A

Area membership meetings shall be held once a month. The number and locations of meetings to be designated by the Area Officer. Seven (7) days notice shall be given prior to the earlier date of any change in regular meeting dates.

Section B

Special membership meetings shall be called by the President when in his judgement the need arises, or when so instructed by a majority of the members of the Executive Board, or upon written request, signed by at least the percent (10%) of the members in good standing, submitted to him. Notice of any special meeting shall be not less than five (5) days before the date of said meeting; except that only two (2) days notice shall be required when the President calls said meeting. The notice shall specify the purpose of such meeting and contain any other pertinent information.

ARTICLE IV

QUORUM

Section A

All meetings of the Local Union must have a quorum present before conducting any official business except that in the event an election, or any vote requiring official ballots (mimeo or printed) is a part of the agenda, and said meeting cannot be held due to a lack of quorum, the presiding officer shall allow the members present in good standing to sign the roster and cast a ballot.

Section B

The quorum for all membership meetings will be three (3) members. The Executive Board shall have the authority to set or change quorums.

ARTICLE V

OFFICERS AND DUTIES

Section A

The Offices of this Union shall be named as follows: President, Vice-President, Secretary-Treasurer, three (3) Trustees, one (1) Area Officer(s) for each area. Areas are to be determined by the Executive Board and subject to approval by a 2/3 majority vote of those present.
 
 

Section B

Any member of this Union who meets the financial requirements of acquiring and maintaining membership in the Union, and who has been a member for one (1) year or more, shall be considered as a member in good standing and eligible for any Office as set forth in Article V, Section A.
 
 
 
 
 
 

Section C - Duties of the President

The President shall be the Chief Administrative Officer of this Local Union and shall preside and preserve order at all regular or special meetings of the Local Union and of the Executive Board. He shall exercise supervision over the affairs of the Local Union. He shall sign official documents when required and when satisfied they are correct. He shall co-sign, with the Secretary-Treasurer, all checks for disbursement of any Union Monies. He shall appoint, subject to approval of the Executive Board or the membership, all committees not otherwise provided for in this Constitution as may be necessary to properly conduct the affairs of the Union. He shall be an ex-officio member of all Committees. He shall not be entitled to a vote, at any regular or special meeting of the membership or the Executive board, unless his vote shall be deciding in case of a tie. However, in the event any vote is taken by secret ballot, he shall be permitted to cast his ballot. He shall enforce the National Constitution as it affects the Local Union, and shall also enforce the Constitution of this Local Union. He shall carry out the instructions of the Executive Board or the membership, and shall make a full report of his activities at each meeting of the Executive Board. He shall consult with the other Officers of the Union on all important matters, and report his actions to the Executive Board. He shall call special meetings of the Executive Board when he deems it necessary, or when so instructed by a majority of the Executive Board members. He shall perform such other duties as are necessary, or that may be required by the Union, to protect and advance its interests. He shall be a delegate to all Conferences and Conventions to which the Local sends delegates.

Section D - Duties of the Vice-President

The Vice-President shall perform the duties of the President in his absence. In case the President's Office is vacated for any reason, the Vice President shall fill said vacancy for the unexpired term. He shall fulfill all other duties as may be assigned to him. He shall be a delegate to all conferences and conventions to which this Local sends three (3) or more delegates.

Section E - Duties of the Secretary-Treasurer

The Secretary-Treasurer shall have charge of, preserve and maintain, all financial books, records, files, documents, and other effects of the Union. He shall keep and cause to be filed, a true record of all Executive Board and membership meetings. He shall pay all current bills and expenses of the Union, as authorized by approved statements or vouchers. He shall co-sign with the President all checks for disbursements of monies of the Union, or in the absence of the President, then with the Vice-President. He shall be responsible for the collection of all monies due the Union and shall deposit such monies in the name of Local 483 in a bank or banks approved by the Executive Board. He shall supply detailed monthly financial reports on monies received, paid out and still on deposit, at each Executive Board meeting, and also supply all Officers with a copy of such reports. He shall not disburse monies in any manner other than set forth in this Constitution. He shall have charge of the Official Seal of the Local Union and shall affix it to all Official documents. He shall conduct the correspondence pertaining to his duties, maintaining copies of all correspondence sent out and received by him. He shall, in cooperation with the President, be responsible for being in compliance with all applicable Federal and State laws. He shall arrange to have the books audited semi annually by the Trustees. At the end of the fiscal year, he shall engage an accredited Public Accountant to make the yearly audit of the financial accounts. He shall submit a report of all such audits at the next Executive Board meeting, and send a copy of such report to the national Secretary-Treasurer. He shall perform such other duties as pertain to his office. He shall be a delegate to all conferences and conventions to which this Local sends two (2) or more delegates.

Section F- Duties of the Trustees

The duties of the Trustees shall be to audit all books and records of the Local Union semi annually, and to take inventory, at least once a year, of all property of the Union. They shall report to the Union on each audit and inventory at the following regular meeting. They shall attend to the bonding of the President, Secretary-Treasurer, and such other bonding of Officers as is deemed necessary.

Section G - Duties of Area Officers

The Area Officer shall conduct their own Area meetings, and shall be responsible to the President, the Executive Board, and the membership as a whole to carry out the policy of the respective groups. He shall be in charge of, and direct the activities of Shop Stewards of his respective area. He shall carry out any duties assigned to him by the President, Executive Board and/or the Membership.

Section H

The President and the Secretary-Treasurer of this Union shall be bonded in an amount equal to ten percent (10%) of the assets of the Union. All Union Officers, at the expiration of their term of office, shall deliver to the Trustees all monies, books, papers and all other property of the Union in their possession, and shall not be relieved from their bond or obligation until all books are audited and said deliverance has been completed.

ARTICLE VI

EXECUTIVE BOARD

Section A

The Executive Board shall consist of all elected Officials as set forth in Article V, Section A. A simple majority of the Executive Board shall constitute a quorum for transactions of official business. An accredited member of the National Union shall be an ex-officio member of the Executive Board.

Section B

The Executive Board shall conduct the normal business of this Union, and authorize disbursements of monies as they deem necessary, with a limit to be set by the Executive Board. Special meetings may be called when deemed necessary by the President or a majority of the Executive Board. The Executive Board shall meet a minimum of two times each year. Any action of the Executive Board shall be subject to the approval of the membership.
 
 

ARTICLE VII

ELECTIONS

Section A

Ten (10) days prior to the regular meeting in October of even numbered years, the Election Committee shall mail to the last known address of all members, notice of nominations and election for the office of President, and (1) Trustee. On odd numbered years, ten (10) days prior to the regular meeting in October, the Election Committee shall mail to the last know address of all members notice of nominations and election for the offices of Vice President, Secretary-Treasurer, and Trustee, as provided for in Section B of this Article. The notice shall specify that nominations will take place, from the floor, at the October Area Meeting, and that the election of these Officers will be conducted, through a secret ballot, mail referendum, during the month of November. Members who are absent at the time nominations are made may accept nominations by written proxy presented to the presiding officer to be forwarded to the Election Committee no later than November 1st. There shall be no write-in candidates or write-in votes. The new officers shall be sworn in at the next Executive Board meeting and shall take office immediately.

Section B

The order of nominations shall be President, Vice President, Secretary-Treasurer, and Trustees. The term of office shall be for two (2) years for President, Vice-President and Secretary-Treasurer. The term of office shall be three (3) years for Trustees. The election of Trustee will be for one (1) each year.

Section C

All officers, except Area Officers shall be elected by secret ballot through mail referendum. Not later than the tenth (10th) day of November the ballots shall be sent out as first class mail to the last know address of all members of this Local Union. Ballots shall be in printed form, and shall be accompanied with plain envelope, a self-addressed, stamped envelope for return mail, voting instructions, and shall state that they must be returned not later than midnight, November 30th, to a Post Office Box rented by the Election Committee. The Election Committee shall consist of not less than three (3) nor more than five (5) committee members selected at the third (3rd.) Executive Board Meeting of the year. They shall work under the supervision of the Executive Board, and shall be responsible for the proper conduct of the elections. The Election Committee shall count all valid ballots, make a tally of same, and cause the results to be published as soon as possible. The Candidate for each office receiving the highest number of votes shall be declared elected. In the event of a tie vote, the run-off shall take place immediately by special election. No Officer or Candidate for any office shall serve on the Election Committee.

With a majority vote of the Executive Board, the Executive Board may elect to use an outside, independent agency to conduct and certify the results of Local 483's elections.

Section D

The new Officers shall be sworn in at the next Executive Board Meeting, and shall take office immediately. Each elected officer shall hold office for the prescribed term, or until his successor takes office.

Section E

No member of this Union shall hold more than one (1) office at the same time, nor be a candidate for more than one (1) office at the same time.

Section F

Area Officers shall be nominated and elected only from the Area in which they work. These areas shall be determined by a 2/3 vote of the Executive Board. The term of office shall be for two (2) years. Area Officers shall be elected by secret ballot in their respected areas. Nominations will be held at the regular March meetings and elections at the regular April meetings of every odd numbered year. Ten (10) days prior to the regular meeting in March, the Secretary-Treasurer shall mail to the last known address of all members notice of nomination and election of Area Officers as provided in Article VII, Section G. Notice shall indicate that nominations shall be made from the floor of Area meetings. Members who are absent may accept nominations by written proxy, such proxy to be presented to the presiding Officer. However, there shall be no write-in candidates or no write-in votes.

Section G

The presiding Officer in each area shall appoint an Election Committee. No Officer or Candidate shall serve on the Committee. The Committee shall distribute the ballots, make provisions for receiving all voted ballots, properly count all ballots, and shall take all reasonable precautions to guarantee the honesty and secrecy of the vote. All counted ballots shall be returned to the Union Headquarters for safekeeping. The Candidate receiving the highest number of votes shall be elected. In case of a tie the winner shall be elected by a runoff vote. New Area Officers will be sworn in at the next Quarterly Executive Board meeting and shall take office immediately.

ARTICLE VIII

VACANCIES OF OFFICE

Section A

Any Officer who is absent from two (2) consecutive meetings of this Local's membership and/or Executive Board, without being excused by the Executive Board, may have their office declared vacant by the Executive Board. Any delegate absent from two (2) consecutive meetings of any organization without satisfactory excuse will have their office declared vacant by the Executive Board.

Section B

The President shall have the authority to fill any vacancy by appointment, subject to the approval of the Executive Board. Area officer vacancies shall be filled by special election. All other vacancies shall be filled at the regular election as provided in Article VII, Section C. Notice of special election for Area Officer shall be posted on Union bulletin boards informing the members that nominations will be held at the next regular meeting. Such election shall be by secret ballot at the membership meeting in the next month following nominations. The candidate elected shall assume office immediately, and shall serve for the unexpired term.

Section C

If, during a regular election, a candidate for office shall become ineligible to hold the office for which he is contesting by virtue of promotion,death, transfer or other reason or in writing declares his intention of not serving if elected, Section B of this Article will apply should he receive the highest number of votes for the office.

ARTICLE IX

AFFIRMATION

Section A

The new member shall subscribe to the following affirmation:

" I, (Speak your name), pledge my honor to faithfully observe the by-laws of this Union; to comply with all the rules and regulations thereof; not to divulge or make public any of the private proceedings of this Union; to faithfully perform all duties assigned to me to the best of my ability and skill; never to discriminate against a fellow worker because of race, creed, color, sex, age or national origin; to conduct myself at all times in such a manner so as not to bring reproach upon my Union, and at all times to bear true and faithful allegiance to the Utility Workers Union of America AFL-CIO."
 
 
 
 
 
 

Section B

Before entering upon the duties of their respective offices, the newly elected Officers shall subscribe to the following:

"I, (Speak your name), do hereby pledge my honor to perform the duties of my office as required by the Unions bylaws: to bear true and faithful allegiance to the Union and the Utility Workers Union of America, AFL-CIO; to deliver all books, papers and other property to the Union that may be in my possession at the end of my term to my successor in office, and at all times to conduct myself as an Officer and loyal member of the Union."
 
 

ARTICLE X

MEMBERSHIP

Section A

The amount of the initiation fee shall be determined by the Membership. The initiation fee to be sent to the Utility Workers Union of America National office shall be in conformance with Article VI, Sections two (2) and three (3) of the National Constitution. If application is made after the twenty-fifth (25) day of the month, the dues shall be credited to the following month. Membership in this Local shall be confined only to those who can meet the provisions of Article III, Section five (5), of the Utility Workers Union of America National Constitution.
 
 

ARTICLE XI

DUES AND ASSESSMENTS

Section A

The dues of this Union shall be set (A) to cover any increase in per capita tax levied by the National Utility Workers Union of America.

No assessment shall be levied upon the members unless voted by a two thirds (2/3) majority of the members returning their mail referendum secret ballot. Prior approval must be obtained from the National Executive Committee.

Section B

Any member whose dues fall one (1) month in arrears shall be duly notified and given thirty (30) days to rectify the delinquency. Should the delinquent member fail to rectify the delinquency prior to the expiration of the grace period, the Executive Board is empowered to suspend him from all rights and privileges of membership.
 
 
 
 

Section C

The reinstatement fees of this Union shall be the sum of one (1) month's dues, plus current month's dues and all back dues. However, exceptions may be made by the Executive Board. All reinstatements must have the approval of the Executive Board.

All persons collecting dues, initiations or assessments, shall give an official receipt and shall pay all monies collected to the Secretary-Treasurer. This shall be done at least once each month. Whenever money changes hands among members of this Union, a receipt shall be given.

ARTICLE XII

OFFICERS EXPENSE

Section A

The President shall receive an allowance of $45.00 per month. The Vice-President shall receive an allowance of $30.00. The Secretary-Treasurer shall receive an allowance of $35.00 per month. The Area Officer shall receive an allowance of $25.00 per month.

Section B

All Executive Board members shall be reimbursed for any expenses incurred in carrying out their duties for the Union. These Executive Board members shall keep an itemized list, with receipts, of accrued expenses, and shall present it to the Secretary-Treasurer. If such an itemized list is not presented, with receipts, the bill shall not be paid. The Secretary-Treasurer shall keep these on file. All expenses shall be subject to Executive Board approval.

Section C

Any member of this Union who is assigned to do work for the Union requiring the loss of working time shall be paid his scheduled rate by the Union, according to the current Agreement with the Company, and reasonable expenses approved by the Executive Board.
 
 

ARTICLE XIII

STEWARDS

Section A

Stewards shall be selected in each occupational group in each department in such a manner that all members of this Union shall be represented by a steward. There shall be one (1) steward for every (20) members, or major fraction thereof, or as the Executive Board deems appropriate. The Executive Board shall designate the mode of action for Stewards.
 
 
 
 
 
 

ARTICLE XIV

NEGOTIATING COMMITTEE

Section A

The Negotiating Committee shall consist of the President, and Secretary-Treasurer. The Vice President will be an alternate member of the Negotiating Committee as needed. Subject to approval of the Executive Board, by a fifty-one per cent (51%) majority, the President may appoint a Negotiating Committee when he feels the interest of the Union members from any individual company represented by Local 483 would be better served by these appointees. However, any Negotiating Committee must have either the President, Vice President or Secretary-Treasurer as one of its members. When negotiations for a signed agreement with the Company involves all the Local Unions within the Pacific Enterprises, the Negotiating Committee shall work in cooperation with the other Locals. Should Local 483, UWUA, negotiate separately for a Contract with Pacific Enterprises, the Negotiating Committee shall consist of the President, Vice President, and/or Secretary-Treasurer.

Section B

All contract ratification votes of this Local will be conducted by a secret ballot by mail referendum. If action on Contract ratification is taken in conjunction with other Locals in a Council, the by-laws of such Council shall prevail. In any case a simple majority shall decide acceptance or rejection on a ratification vote.

Section C

A member shall have the right to submit any Contract proposal to the Local at a regular or special membership meeting, however, such proposals must receive a majority vote of the area membership present and voting to be considered for a Contract demand.
 
 
 
 

ARTICLE XV

STANDING COMMITTEE

SECTION A

The executive Board shall consider the advisability of Legislative Committees, Activities Committees, Working Rule Committees and Membership Committees. Should the Executive Board decide to affirmatively recommend the establishment of such a Committee or Committees, they shall be for a given term and be dismissed at the conclusion of their work. The President has the duty of Committee appointments.

Section B

Labor-Management Committees shall be created to work with Management Representatives for the purpose of raising funds for appeals and charities, and for the advancement of community and National institutional work for which there is a common Labor-Management effort; Such Labor management Committees to exist only if Management desires common Union and Management effort on these items. The Committees shall consist of the affected Officer and Stewards chosen by the Officer and/or President with the approval of the Executive Board.
 
 

ARTICLE XVI

WITHDRAWALS AND TRANSFERS

Section A

Withdrawal and transfer cards shall be issued according to the rules of the AFL-CIO and the Utility Workers Union of America.
 
 
 
 

ARTICLE XVII

STRIKES
 
 

Section A

If a controversy exists between this Local and Management, which may develop into a strike or a lockout, the Negotiating Committee shall confer with the Management, or a representative thereof, to endeavor to secure an amicable settlement, should no adjustment prove possible, then a strike vote may be taken.

Section B

All strike votes shall be taken by secret ballot mail referendum and must show a two thirds (2/3) majority of the participating membership in favor of a strike before a strike may be called, except that if a strike vote is taken in conjunction with other Locals in a Council, the by-laws of such Council shall prevail.

Section C

A full report shall be submitted to the proper representative of the National Union, or its authorized agent, for his approval in accordance with the Utility Workers Union of America National Constitution.
 
 
 
 
 
 
 
 
 
 

ARTICLE XVIII

CHARGES AND TRIALS

SECTION A

When a member of this Union is accused of committing an offense prejudicial to the best interest of this Union, including but not limited to, crossing a legally established picket line of this Union (commonly known as strike breaking), and is found guilty of such offense by the Trial Committee, subsequently upheld by a secret ballot vote of a majority of the membership present and voting at the membership meeting at which the Trial Committee, or member of the Trial Committee, makes its report, the accused, he or she (singular or plural), will be fined, suspended or removed from Union membership. However, any fine shall be imposed and collectible, prior to any suspension or removal from Union membership.

SECTION B

All charges against a member of the Local Union must be made in writing, signed by the member making the charges, and must be presented to the Local Executive Board by certified mail. Charges must be submitted within sixty (60) days of the time the complainant becomes aware of the offense

SECTION C

The Local Executive Board shall be designated as the Trial Committee, and neither the person that filed the charges nor the person accused may be a member of the Trial Committee.

SECTION D

Within seven (7) days after the charges have been filed, the Union shall forward a copy of the charges to the accused member or members, to his last known address by certified mail, together with a written notice of the time and location when the hearing will take place before the Trial Committee. The hearing shall take place not less than one week from the date of the mailing of the charges to the accused member.

SECTION E

A charged member may have a UWUA member in good standing as Counsel, however, no Attorney as such may serve as Counsel in a hearing of the Trial Committee. No person not a UWUA member may be present at such hearing except as a witness. The Trial Committee, or a member of the Trial Committee, upon completion of the hearing shall submit its report to the next membership meetings. At the membership meetings of the Local Union, the accused shall be accorded full opportunity to present his position on all matters bearing upon his trial and the report of the Trial Committee. The report of the Trial Committee shall become effective only upon the approval of a majority vote of the membership present and voting by secret ballot at the Local meetings.

SECTION F

A report of the Local Union's decision shall be forwarded immediately by certified mail to the accused, the National Union and the accuser.

SECTION G

The accused or the accuser may appeal from the decision of the Local Union within thirty (30) days of the mailing of the Local Union's decision to the parties by presenting the appeal in writing to the National Executive Board.

SECTION H

An appeal from the decision of the National Executive Board may be made to the National Convention by giving notice to the National Secretary-Treasurer thirty (30) days prior to the convening of the Convention.

SECTION I

An elected Officer of this Local may be recalled in conformity with the provisions, as stated in the foregoing sections of this Article.

SECTION J

In no case shall a member or subordinate body (Local Union or Council) appeal to a Civil Court for redress until he or it has exhausted his or its rights of appeal under the constitution of the National Union.
 
 

ARTICLE XIX

CONVENTION AND CONFERENCE DELEGATES

SECTION A

This Local may participate in all Conventions and Conferences of organizations with which the Local is affiliated unless the membership, at regular or special meetings, shall decide to the contrary by a simple majority vote. If more than three (3) delegates are to attend any Convention or Conference, the additional delegates will come from the Executive Board. To determine the additional delegates, a secret ballot vote will be conducted by the Executive Board.
 
 

Section B

The President shall attend, preside over, and make a comprehensive report of all delegations of this Local. If for any reason this is not possible, the Vice President shall assume these duties as provided by Article V, Section D.

Section C

If necessary, all delegates shall receive an advance draft, the amount of which shall be determined by the Executive Board. The Executive Board shall direct and determine all expenditures for any and all Conventions and Conferences.
 
 

ARTICLE XX

ORDER OF BUSINESS

SECTION A

The following Order of Business shall be used at all regular meetings of this Local unless a special Order of Business is voted by a majority of the members present:

1. Flag Salute

2. Roll Call of Officers

3. Reading and Approval of Minutes

4. Report of Secretary-Treasurer

5. Communications

6. Report of Committees

7. Unfinished Business

8. New Business

9. Good and Welfare of the Union

10. Election of Officers and Installations.

11. Adjournment
 
 

SECTION B

Unless otherwise provided for in this Constitution, Roberts Rules of Order shall prevail.

ARTICLE XXI
 
 

All proposed Amendments to this Constitution must be submitted in writing and in duplicate, one (1) copy of which shall be filed with the Secretary-Treasurer. A copy of the proposed Amendment shall be mailed to all members in good standing. A vote on the proposed Constitutional Amendment shall be conducted at the local area meetings. The results of the vote shall be sent to the Bi-Laws committee as soon as possible. It shall require a two thirds (2/3) majority of the ballots cast to carry such an Amendment. Prior approval of the National President must be obtained before any Amendment can take effect.