As the 43rd Grand Lodge Convention approaches,
the fourth installment of proposed changes to the Grand Lodge Constitution and By-Laws
have been received and are listed below.
The procedure on how to make changes in the Constitution and By-Laws was printed in
the August 1997 Journal.
Anyone contemplating such changes in the Constitution and By-Laws should refer to
that article or refer to the actual Constitution and By-Laws which is available through
all Subordinate Lodges.
All proposed changes must be received no later than April 30, 1998 for publication
in the Journal. Any changes received after that date will be returned to the member who
submitted them and will not be acted upon by the Constitution and By-Laws Committee.
In the proposed changes listed here, language recommended for deletion is denoted
by a line through the word or words, while language that is recommended to be added is
denoted by underscoring and bold-face type.
1998 PROPOSAL NO. 19
SUBMITTED BY SUBORDINATE LODGE 412
ARTICLE XXI, SECTION 4 (b) (III), PARAGRAPH 2 BE AMENDED
TO READ:
Members who upon retirement, or upon the receipt of an annuity,
continue without interruption to pay full dues and assessments or who have
received life memberships shall be entitled to attend and participate in
Subordinate Lodge meetings, and shall be eligible to serve as delegates to System Division
or Federation Conventions and Conventions of the Grand Lodge. Such members serving as
Brotherhood Officers or representatives at the time of retirement, or at the time annuity
is granted, may serve out the balance of the term for which elected. They shall not be
eligible for election or re-election or to participate in the transaction of Brotherhood
business except to the extent herein provided and in the case of Subordinate Lodge
Secretary-Treasurers who shall be eligible for re-election as Subordinate Lodge
Secretary-Treasurers or in the case of Legislative Representatives and
Directors who shall be eligible for election or re-election to positions in the
Legislative Department.
1998 PROPOSAL NO. 20
SUBMITTED BY SUBORDINATE LODGE 331
ARTICLE XIX, SECTION 3, PARAGRAPH 7 BE AMENDED TO READ:
For each monthly dues payment received by Grand Lodge, the Grand
Lodge Secretary-Treasurer shall set aside the sum of two dollars ($2.00)
eighty cents (80¢), as well as a assessment of $8.00 in August of each year, to
be placed in the State and Provincial Legislative Department Fund. The annual
$8.00 assessment shall be re-distributed to the State and Provincial Legislative
Department on a per capita of dues paying members residing in that State and Provincial
Legislative Department for the use and purposes of the State and
Provincial Legislative Department; and twenty-five cents (25¢) will be set aside
and placed in an Emergency Fund and the President will have the authority to pay strike
benefits.
1998 PROPOSAL NO. 21
SUBMITTED BY SUBORDINATE LODGE 2825
ARTICLE I, SECTION 4, PARAGRAPH 1, BE AMENDED TO READ:
Sec. 4. The foregoing Grand Lodge Officers shall be nominated and
elected at the regular quadrennial Conventions of the Grand Lodge by a representative
majority vote of the duly accredited delegates elected by secret ballot as hereafter
provided in this Constitution and By-Laws; provided, however, that the two (2) Vice
Presidents and the member of the Executive Board from Canada shall be nominated and
elected by delegates from Canadian System Federations and the five (5) Vice Presidents and
the five (5) members of the Executive Board from the United States shall be nominated and
elected by delegates from United States System Divisions or Federations. Each of the five
(5) Vice Presidents and five (5) members of the Executive Board from the United States
shall be from a System Division or Federation in his respective region and shall be
nominated and elected by delegates from his respective region. Provided further, that the
Grand Lodge President and Grand Lodge Secretary-Treasurer shall be nominated and elected
by a representative majority vote of the delegates from both Canada and the United States.
Grand Lodge Officers shall serve for a term of four (4) years unless removed by death,
resignation or for cause, and shall be eligible for re-election but be limited
to three (3) consecutive terms. They shall be installed during the session of
Grand Lodge in which they are elected, their installation and term of office to be
effective commencing September 1 following election except in the case of filling an
unexpired term, when such Officer shall take charge of his office immediately upon being
elected and he shall serve for the remainder of the term; provided, however, that the term
of office of any temporary Grand Lodge Officer will expire immediately upon the election
and installation of his successor.
1998 PROPOSAL NO. 22
SUBMITTED BY SUBORDINATE LODGE 1490
ARTICLE XXIV, SECTION 3 BE AMENDED TO READ:
Sec. 3. Organization of State and Provincial Boards. Each
Subordinate Lodge shall, at a regular or special meeting held between January 1 and June
30 in the year following the year of a regular Grand Lodge
Convention, elect by secret ballot a local Legislative Representative to serve as a member
on the State and Provincial Legislative Boards, and in addition they shall elect a Vice
Legislative Representative who shall serve in the event the Legislative Representative is
unable to carry out his or her duties. The Secretary-Treasurer of each Subordinate Lodge
shall report immediately to the Grand Lodge President the results of the election, giving
the name of the persons elected as Legislative Representative and Vice Legislative
Representative together with any other personal data pertaining thereto. After
June 30 in the year F following the
year of a regular Grand Lodge Convention, the Grand Lodge President or the
head of the Legislative Department will direct the incumbent Director of the State or
Provincial Legislative Board to convene the members elect at some convenient location
within the State or Province for a Legislative Convention for the purpose of reviewing its
work and achievements, and to elect Officers. An accurate record of the proceedings of the
State or Provincial Convention shall be forwarded to the head of the respective
Legislative Department, within 30 days after the State or Provincial Convention.
1998 PROPOSAL NO. 23
SUBMITTED BY PENNSYLVANIA FEDERATION
ARTICLE XIX, SECTION 3, PARAGRAPH 7, BE AMENDED TO READ:
For each monthly dues payment received by Grand Lodge, the Grand
Lodge Secretary-Treasurer shall set aside the sum of eighty cents (80¢), as well as a monthly
assessment of $1.00 (one dollar) $8.00 in August of each
year, to be placed in the State and Provincial Legislative Department Fund. The monthly
$1.00 (one dollar) annual $8.00 assessment shall be
re-distributed to the State and Provincial Legislative Department on a per capita of dues
paying members residing in that State and Provincial Legislative Department for the use
and purposes of the State and Provincial Legislative Department; and twenty-five cents
(25¢) will be set aside and placed in an Emergency Fund and the President will have the
authority to pay strike benefits. On January 1 of each year, any unused monies
from the $1.00 (one dollar) monthly assessment in the individual accounts of the States
and Provinces shall revert back to the State and Provincial Legislative Department Fund.
1998 PROPOSAL NO. 24
SUBMITTED BY PENNSYLVANIA FEDERATION
ARTICLE XXIII, SECTION 22, BE AMENDED BY ADDING TEXT:
In the event the membership of the System Division or
Federation would like to initiate a merger of their System Division or Federation with
another System Division or Federation, the following procedure shall be used:
1. A petition must be signed by 30% of the membership
in good standing of each System Division or Federation stating that it is the desire of
those signing the petition that the respective System Divisions or Federations be merged
under the appropriate procedure that is provided for in Article XXIII, Section 22, of
these bylaws.
2. The petition shall be presented to the Grand Lodge
President who shall promptly forward it to the General Chairmen of the System Divisions or
Federations involved. The Grand Lodge President shall ensure that at least 30% of the
membership in good standing of each involved System Division or Federation has signed the
petition. The Grand Lodge President shall present his/her written decision to the General
Chairmen of the System Divisions and Federations involved and those members of the BMWE
that presented the petition that the petition is valid or not valid. If the determination
is found that the petition is not valid, an explanation shall be provided as to why it is
not valid. The Grand Lodge President must present his/her findings as to the validity of
the petition within thirty days of receipt of the petition for merger.
3. Within 30 days of the validation of the petition,
the Grand Lodge President shall initiate a secret mail ballot to be sent to each member in
good standing of the involved System Divisions or Federations to determine whether a
voting majority of each System Division or Federation shall approve of the proposal to
merge the involved System Division or Federation. The Grand Lodge President shall use an
honest ballot-counting company to conduct this ballot. Ballots must be counted on the 25th
day following the day they are sent if the 25th day is a business day or the
next business day following the 25th day that they are sent to the membership
if the 25th day is not a business day.
4. A majority of those voting in each System Division
or Federation must approve of the proposal to merge the System Divisions or Federations.
If a majority of those voting in each System Division or Federation do not approve to
merge the System Division or Federations, then the matter will be dropped and this
procedure may not be used for the next two years.
5. If a majority of those voting in each System
Division or Federation approve of the proposal to merge, then steps must be taken using
the procedures in this section to merge the System Divisions or Federations. The System
Divisions or Federations must be merged within sixty days of the day that the ballots are
counted which approved the merger.
1998 PROPOSAL NO. 25
SUBMITTED BY PENNSYLVANIA FEDERATION
ARTICLE I, SECTION 4, BE AMENDED TO READ:
Sec. 4. The foregoing Grand Lodge Officers shall be elected
by secret ballot, rank-and-file, mail-in ballot, nominated and
elected at the regular quadrennial Conventions of the Grand Lodge by a representative
majority vote of the duly accredited delegates elected by secret ballot as hereafter
provided in this Constitution and By-Laws; provided, however, that the two (2)
Vice Presidents and the member of the Executive Board from Canada shall be nominated and
elected by the rank and file delegates from
Canadian System Federations and the five (5) Vice Presidents and the five (5) members of
the Executive Board from the United States shall be nominated and elected by the
rank and file delegates from United States System Divisions
or Federations. Each of the five (5) Vice Presidents and five (5) members of the Executive
Board from the United States shall be from a System Division or Federation in his
respective region and shall be nominated and elected by the rank and file
delegates from his respective region. Provided further, that the Grand
Lodge President and Grand Lodge Secretary-Treasurer shall be nominated and elected by the
rank and file a representative majority vote of the delegates
from both Canada and the United States. Grand Lodge Officers shall serve for a term of
four (4) years unless removed by death, resignation or for cause, and shall be eligible
for re-election. They shall be installed during the session of Grand Lodge following
their election in which they are elected, their installation
and term of office to be effective commencing September 1 following election except in the
case of filling an unexpired term, when such Officer shall take charge of his office
immediately upon being elected and he shall serve for the remainder of the term; provided,
however, that the term of office of any temporary Grand Lodge Officer will expire
immediately upon the election and installation of his successor.
In 2002, and each successive four years, election of
Grand Lodge officers shall be done by mail ballot, rank-and-file, vote of the members in
good standing in the following manner:
1. Candidates for office shall mail their declaration
for office via certified mail, return receipt requested, into the Grand Lodge
Secretary-Treasurer between January 1 and January 31 of the year of the election and
declare for the office they are seeking. A candidate may only declare his/her candidacy
for one Grand Lodge office in any election year.
2. In the March issue of the Brotherhood Journal or
similar monthly Brotherhood publication that is mailed by Grand Lodge to each member in
good standing, the Brotherhood shall print information in a uniform format for each
candidate: candidates's picture; position they are seeking; age; current position in the
Brotherhood; railroad occupation(s); home railroad, lodge, and system Division; previous
position(s) held in the Brotherhood; educational background, and other positions held in
the Trade Union movement. Candidates shall provide this information via certified mail to
the Journal's Associate Editor complying with reasonable time limits established by the
Associate Editor.
3. The Brotherhood Journal, or similar publication,
shall print statements provided by each candidate in each issue for the months of March,
April and May as follows:
A. 1000 words or less in each of the March, April and
May issues of the Journal or similar monthly publication, written by each candidate for
Grand Lodge President and Grand Lodge Secretary-Treasurer.
B. 750 words or less in each of the March, April and
May issues of the Journal or similar monthly publication, written by each candidate for
Grand Lodge Vice President.
C. 500 words or less in each of the March, April and
May issues of the Journal or similar monthly publication, written by each candidate for
Grand Lodge Executive Board.
Candidates shall provide these written positions via
certified mail to the Journal's Associate Editor complying with reasonable time limits
established by the Associate Editor. Each candidate shall have the right under this
provision to provide three different statements for publication, one for each issue of the
Journal or similar publication for the months of March, April and May. Each candidate
shall be treated equally with respect to this section.
4. The election shall be supervised by an honest
ballot-counting association such as the American Arbitration Association or other
generally recognized honest ballot-counting association. The ballot-counting association
shall be selected by the Grand Lodge President and approved by a vote of the International
Association meeting at the regularly scheduled meeting in the year prior to the election.
5. Ballots shall be mailed on June 1 of the election
year and each member shall be provided with a prepaid return envelope in which to mail
their ballots back to the honest ballot counting association. Ballots shall be counted on
June 25 at 6:00 p.m. If June 25 is a Saturday, Sunday, or national holiday, the ballots
shall be counted at 6:00 p.m. on the next regular business day following June 25. The
candidate receiving the most votes in each category shall be declared the winner.
6. The winners shall be installed at the Grand Lodge
convention to assume office on September 1 of the election year. Winners who are not
incumbents shall be compensated as if they were already assuming office for their
positions during the interim month August and the departing officer shall cooperate fully
with the winner during the interim month of office to insure an orderly transition.
7. The President and Secretary-Treasurer shall be
elected at large in the general membership. Other Grand Lodge officers shall be elected by
the members in the regions for which they are seeking election.
8. This new procedure will take effect immediately
following the close of the 1998 Grand Lodge convention and any language in the Bylaws
which are in conflict with this new language will be amended to reflect the meaning and
substance of this new language.
1998 PROPOSAL NO. 26
SUBMITTED BY PENNSYLVANIA FEDERATION
ARTICLE XXIII, NEW SECTION:
STRIKE FUND. Monies in excess of fifteen million
dollars in the current strike fund may be used at the discretion of the President, with
the approval of the Grand Lodge Executive Board, to defray lost straight-time wages,
overnight lodging, meals, travel or other expenses incurred by rank-and-file members
and/or lodge officers who are attending BMWE-sponsored education seminars and activities
designed to defend our collective-bargaining agreements and rights, expand our union and
grow our power or to generally advance and promote the interests of the trade union
movement. Should the strike fund fall below fifteen million dollars, then no monies may be
used from the strike fund, other than to pay strike benefits, until such time as the fund
again exceeds fifteen million dollars.
1998 PROPOSAL NO. 27
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXII, SECTION 14, PARAGRAPH NO. 4, BE AMENDED TO
READ:
Subordinate Lodges shall elect delegates and alternates to the
Grand Lodge Convention at a meeting held on or after January 1 of the year in which the
Convention convenes. All members in good standing of the Subordinate Lodge will be given
at least fifteen (15) days' advance notice in writing at their last known addresses of the
date, time and place at which election shall be held. The Grand Lodge Secretary-Treasurer
will be advised of the results of such elections in ample time for this information to be
recorded at the Grand Lodge. All expenses of said delegates shall be paid by
Subordinate Lodge or Lodges represented.
Grand Lodge will establish and maintain, in a separate
interest-bearing account, a convention fund for the purpose of reimbursing Subordinate
Lodge delegates for expenses and wages incurred as a result of attending the Quadrennial
Convention. The money for the convention fund will be a dues assessment of one (1) dollar
out of each month's Grand Lodge dues paid by members in good standing. This assessment
will go in effect with the next dues increase, or if no increase it will be started by
October 1, 1998. The convention fund will be monitored by the President,
Secretary-Treasurer and the Executive Board. When, and if, the account becomes self
sufficient, the assessment will be discontinued until it is needed to be started again,
with a dollar amount to be determined by Grand Lodge Executive Board.
All delegates within a radius of 100 miles to 1,200
miles will be allowed one (1) day's wages to travel to and one (1) day's wages returning
from convention. All delegates with more than 1,200 miles will be allowed one (1)
additional day's wages. All Subordinate Lodge delegates will be paid a day's wages for
each day that the convention conducts any business to include Saturdays, Sundays or
holidays if applicable.
Expenses will be actual expenses that each delegate
incurs, and will be submitted to Grand Lodge on ES-1 form or other form that Grand Lodge
requires. Receipts will be required for all expenses. Wages will be determined by the rate
of pay that delegate was receiving the last day worked for carrier prior to coming to
Grand Lodge convention, and will submit proof of that rate when submitting wage and
expense form. One (1) day's wages will be based on eight (8) hours straight time, and no
overtime will be paid.
1998 PROPOSAL NO. 28
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXVI, SECTION 1, BE AMENDED TO READ:
Section 1. This Constitution and By-Laws and any
Resolutions may be altered, amended or repealed in its entirety by a majority
vote of the delegates present at the Grand Lodge Convention after written notice of
proposed amendments, which shall specify the Articles and Sections intended to be changed,
which have been timely submitted for publication in the official trade journal of the
Brotherhood in advance of the Grand Lodge Convention; provided, however, that the last
such notice is printed thirty (30) days before said Grand Lodge Convention; and provided,
further, that if, in the usual course of any regular Convention of Grand Lodge,
three-fourths of the delegates present, shall agree on the proposed alterations or
amendments to the Constitution and By-Laws and Resolutions or the
repeal in its entirety thereof, such changes may be made without the above required
notice.
1998 PROPOSAL NO. 29
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXIV, SECTION 3, BE AMENDED BY ADDING TEXT:
Following the Grand Lodge convention, each organization
of State or Provincial Boards must meet, once a year, at some convenient location within
the state or province for a legislative conference for the purpose of reviewing its work
and achievements and setting their goals and plans for the next year's work. The date and
time will be determined by the State or Provincial Director.
The expenses and wages for the members of the State or
Provincial Board will be covered by Grand Lodge Legislative Department. Wages will be paid
based on eight (8) hours straight time of the Board member. Expenses will be actual
expenses and must have receipts. Wages and expenses will be submitted to and through the
Grand Lodge Secretary-Treasurer and head of Legislative Department.
1998 PROPOSAL NO. 30
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXIV, NEW SECTION:
In the future, all State or Provincial Legislative
Directors will be Ex-Officio delegates to Grand Lodge convention.
1998 PROPOSAL NO. 31
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXIV, SECTION 13, BE AMENDED TO READ:
Sec. 13. Salary and Expenses. The salary and expenses of
Officers of State or Provincial Legislative Boards will be fixed by the Grand Lodge
President with the approval of the Executive Board. The salary and expenses of Subordinate
Lodge Legislative Delegates attending State or Provincial Legislative Conventions as
provided for in Section 3 of Article XXIV, will be borne by the respective Lodges.
The salary and expenses officers of State or Provincial
Legislative Boards will be fixed by Grand Lodge President with approval of the Executive
Board. The salary and expenses of the Subordinate Lodge Legislative delegates attending
state or provincial legislative conventions, as provided in Section 3 of Article XXIV,
will be borne by the Grand Lodge Legislative Department.
1998 PROPOSAL NO. 32
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE XXIV, SECTION 11, BE AMENDED TO READ:
Sec. 11. Financing of the Department's Activities. For the purpose
of defraying administrative costs and the salary and expense of State and Provincial
Legislative Board Members, there shall be a special fund maintained from revenue derived
from a per capita assessments in an amount determined by Convention action. Under
no circumstances shall any Officer of a State or Provincial Legislative Board solicit from
Subordinate Lodges, System Divisions or Federations, or the membership in his or her State
or Province any contributions for defraying expenses incurred by such Officer. Part
of the F financing of all State and
Provincial Legislative activities will be borne from said fund.
The Director of State or Provincial Legislative Board
may solicit from subordinate lodges, system divisions or federations, or the membership in
his or her state or province, any contributions for defraying expenses and/or salaries
incurred by such officer or member of the State or Provincial Board. Such contributions
shall be in a written report to the Grand Lodge President and the head of the Grand Lodge
Legislative Department. The said report will be made within 60 days that funds were
collected.
Any additional contributions collected as stated in
Article XXIV, Section 11, will be used at the State or Provincial Legislative Director's
discretion and within the laws of state or province in which they operate. A full written
report of how contributions were used must be reported, within 60 days of the expenditure
of these funds, to the Grand Lodge President and head of the Legislative Department.
1998 PROPOSAL NO. 33
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE VII, SECTION 3, BE AMENDED BY ADDING TEXT:
While any member of the Executive Board or Board of
Trustees is on salary of the Grand Lodge, that said member shall not be able to draw a
wage from their system division or federation, except if they wish to draw vacation pay.
1998 PROPOSAL NO. 34
SUBMITTED BY SUBORDINATE LODGE 1055
ARTICLE VII, SECTION 5, BE AMENDED BY ADDING TEXT:
All Grand Lodge officers or representatives, when
traveling, that receive gratuities, for example, in the form of frequent flier miles or
free nights' stay, those gratuities shall be the property of the BMWE and used on future
travels, and not used for personal gains. These gratuities must be reported to the Grand
Lodge Secretary-Treasurer.
1998 PROPOSAL NO. 35
SUBMITTED BY SUBORDINATE LODGE 986
ARTICLE XX, SECTION 2, PARAGRAPH 1, BE AMENDED TO READ:
Sec. 2. Any member who is fully paid up and in good standing shall
be entitled to an Unemployment Card, without cost, when laid off through a reduction in
forces, sickness or temporary disability, strikes or lockouts, or when serving in the
Military Service as required by the Selective Service Acts or Military Draft Laws of the
United States and Canada. Any member now or hereafter holding an Unemployment Card shall
be entitled to retain such card only while he holds seniority rights to a railway position
under the jurisdiction of this Brotherhood. When he has lost such seniority rights, such
Unemployment Card shall become void, and shall be forthwith surrendered and such member
shall thereafter be subject to the provisions governing Withdrawal Cards and Retiree
Membership Cards; provided, however, that if such member leaves the service of the
railway, transfers to or becomes employed in a department not under the jurisdiction of
this Brotherhood, or becomes employed in an official capacity by a railway, he
will be required to pay full dues. Members to whom this provision applies must comply with
its requirements; failing to do so, they shall forfeit any and all rights, interests,
benefits and privileges in the Brotherhood and in and to said Death Benefit Department,
its funds and property.
1998 PROPOSAL NO. 36
SUBMITTED BY SUBORDINATE LODGE 986
ARTICLE XXI, SECTION 4(a), BE AMENDED TO READ:
Sec. 4. Withdrawal Cards and Loss of Active Membership. Any member
who is fully paid up and in good standing:
(a) Who leaves the service of the railway or transfers to or
becomes employed in a department not under the jurisdiction of the Brotherhood, or
who is employed in an official capacity by a railway, shall be entitled to apply
for and receive a Withdrawal Card without cost; or if he so desires, may continue his
membership by continuing to comply with all provisions of the Constitution and By-Laws
applicable to membership, including payment of full dues and assessments; provided,
however, that such a member will not be eligible to participate in or take any part in
transacting the business of this Brotherhood, except as provided in Article XVIII, Section
2. Members holding Withdrawal Cards and returning to service in a position under the
jurisdiction of this Brotherhood for a period of thirty (30) calendar days must, within
thirty-five (35) calendar days from date of such re-employment, present and surrender such
Withdrawal Card to the Secretary-Treasurer of the Subordinate Lodge within the
jurisdiction of which he is employed, or to a direct representative of the Grand Lodge or
System Division or Federation and pay dues for the month in which he returns to service.
1998 PROPOSAL NO. 37
SUBMITTED BY SUBORDINATE LODGE 1488
ARTICLE XIX, SECTION 3, PARAGRAPH 7, BE AMENDED TO READ:
For each monthly dues payment received by Grand Lodge, the Grand
Lodge Secretary-Treasurer shall set aside the sum of one dollar and
seventy-five cents ($1.75) eighty cents (80¢), twenty-nine
cents (29¢) of which shall be placed in a legislative reserve fund on which the Grand
Lodge President may draw only for legislative activity directly related to the national
contract and similar individual railroad contracts or for unanticipated legislative events
of major importance to the Brotherhood, as well as a assessment of
$8.00 in August of each year, to be placed in the United States (U.S.)
State and Canadian Provincial
Legislative Department Funds,. The annual $8.00 assessment
shall be re-distributed to the State and Provincial Legislative Department on a per capita
of dues paying members residing in that State and Provincial Legislative Department for
the use and purposes of the State and Provincial Legislative Department; and
twenty-five cents (25¢) will be set aside and to be
placed in an Emergency Fund and from which the
President will have the authority to pay strike benefits. |