BY - LAWS

- of - LOCAL 379

Affiliated With

RETAIL, WHOLESALE AND DEPARTMENT STORE UNION AFL - CIO - CLC

Effective Date December 1, 1959

Amended July 1, 1966

Amended November 15, 1973

Amended May 15, 1978

Amended January 1, 1993

Amended November 15, 2000

Amended February 04, 2010

Amended September 25, 2014

1571 PARSONS AVENUE COLUMBUS, OHIO 43207

Phone (614) 443-8811

1(800) 367-5838

BY - LAWS PREAMBLE

We pledge ourselves to organize and unite all workers of the Industries allied with our International Union and the struggle to increase their national economic life and by mutual efforts endeavor to place ourselves on a foundation sufficiently strong to resist further encroachment against our welfare.

We propose to encourage a higher standard of living among our members; to assist each other in obtaining employment; to cultivate a feeling of friendship and understanding among our people; by legal and proper means, to reduce the hours of labor; to obtain higher wages; to better working conditions; to make each member's job the best in the world; to engage in educational, charitable and political activities at the will of, and for the benefit of, the membership; to this end we adopt these following bylaws.

ARTICLE I

Name and Jurisdiction

Section 1.   The name of the organization shall be Local No. 379, an affiliate of the Retail, Wholesale and Department Store Union/United Food and Commercial Workers Union, AFL-CIO:CLC (RWDSU/UFCW). No part of these by-laws shall be interpreted to conflict with the Constitution of the International RWDSU or the United Food and Commercial Workers Union (UFCW).

Section 2.   The jurisdiction of this Local shall be all employees employed in or about the bargaining unit in the Industries allied with our International Union in the Mid-West area who are now or may become members of the Local.

Section 3.   The Local shall maintain an office in Franklin County, Ohio.

Section 4.   The operations of the Local and its Representatives shall be subject to the International as provided by the Constitution of the International Union.

Section 5.   All subjects covered or not covered by these by-laws shall conform with the Constitution of the International Union.

ARTICLE II

Membership

Section 1.  Application for membership must be made on forms provided for such applications hereinafter known as "Membership Cards", by actual workers within the jurisdiction of the International Union for at least one (1) day prior to being accepted as a member, with the exception of new organizations. There shall be no restrictions on membership or discrimination against members based upon or because of race, creed, color, sex, national origin, religion, disability, or age.

Section 2.  A member in good standing is a member who has fulfilled his financial obligations and who has not been expelled from the Union. A member to remain in good standing must make dues payment not later than the last calendar day of each month. Dues not collected through a check-off shall be payable to and at the place designated by the financial officers of Local No. 379. In case of sickness or injury for fifteen (15) days or more, in a calendar month, he shall be exonerated from any dues payment for that month. The Local Union will maintain its membership in good standing provided that the Local Union Office is notified of such illness or injury as per Article XV, Section 3 (d).

Section 3.  An employee seeking membership in an organized unit of the Local must serve the probationary period as set by the Company-Union agreement before being accepted as a member. The Local Union shall accept members in good standing only and working permits shall not be required or issued.

Section 4.  Regular membership is limited to active employees. Retirees cannot be regular members and cannot vote in Union meetings or for Union officers. Retirees also cannot hold Union office or be elected a delegate to a Union convention or conference.

ARTICLE III

Dues, Initiation Fees, Fines and Assessments

Section 1.  Effective January 1, 1993 initiation fees will be Forty Dollars ($40.00). Each member shall pay the minimum dues and initiation fees as per the International Union or current Unit dues levels whichever is higher. Each unit will increase their dues by twice the average hourly negotiated wage increase in each contractual increase or: Any Unit whose dues are structured to two (2) times the hourly rate shall increase their dues by two (2) times the negotiated hourly increase. Any Unit whose negotiated contract with their employer calls for contractual bonus or lump sum payments in lieu of wage rate increases shall increase their dues by a formula of the amount of each bonus or lump sum, divided by the number of nationally recognized work hours per month, times the number of months remaining on the current Labor Agreement with their employers.

(a) Any Unit who’s Labor Agreement with their employer stipulates commission payment shall increase their dues by two (2) times the average dues increase to the Local annually.

(b)               A dues structure higher than or in addition to that established by this Section may be imposed upon by recommendation of the Executive Board and approval by a vote by secret ballot of a majority of the Local 379 membership present at a regular or special meeting. At least fifteen (15) days notice, by posting on plant bulletin boards, mailing or otherwise, of the vote on the proposed change must be provided prior to such meeting.

(c)               The amount is ratified by a delegate vote at a convention of the Retail, Wholesale and Department Store Union/UFCW AFL-CIO:CLC.

Section 2.   Members of any Unit may impose an assessment upon themselves for their own welfare and benefit providing a notice of such intent is posted fifteen (15) days on their plant bulletin board prior to any regular or special membership meeting of the Unit.

(a)               Such assessment must be ratified by a secret ballot vote of a majority of the members present at such meeting.

(b)               Assessments, if ratified, remain the property of RWDSU Local 379.

(c)               All unit funds must be properly recorded with a copy given to the local with receipts attached, each calendar quarter and at the close of the calendar year.

(d)               All unit expenditures must be authorized by the unit committees and the Local President using the proper authorization form.

Section 3.       No assessment monies may be used to pay any unit officers a salary nor any unit officers dues. 

ARTICLE IV

Units

Section 1.      Any one plant operation or segment thereof, organized under the jurisdiction of Local No. 379 shall be a Unit.

Section 2.      The membership in each Unit located outside Franklin County, Ohio shall receive a refund of no less than forty cents (5.40) with the approval of the Executive Board when negotiating for mergers and new affiliations. Such money may be used at the discretion of such Unit's membership for hall rent, refreshments, entertainment, contributions, etc., as per Article III, Section 3.

Section 3.      All Officers of such Unit shall be elected by secret ballot for a term not to exceed two (2) years. The Chairperson, Secretary-Treasurer and Recorder, Chief Steward and/or combination of officers. Absentee Ballots may be used as prescribed by each Unit for an election of officers only.

Section 4.  The Officers of the Unit shall be a Chairperson, Vice Chairperson, Secretary-Treasurer, Recorder, and Stewards as may be agreed upon by the membership of the Unit. The offices of Trustee and Sergeant-At-Arms shall be optional.

Section 5.      Units may choose to combine the office of Secretary-Treasurer and Recorder into one office of Executive Secretary Treasurer.

Section 6.      Grievance Committee and/or department Stewards of each Unit shall be elected by the membership of the Unit in accordance with the terms of the agreement in effect at that particular Unit. In the absence of such contract terms the Chairperson, Vice Chairperson and Executive Secretary-Treasurer shall constitute the Grievance Committee.

Section 7.  Each Unit shall be responsible for the negotiations and ratification of all Company-Union agreements pertaining to their respective Unit.

(a)             The Negotiating Committee shall be elected by secret ballot by each Unit prior to contract expiration date.

(b)             The Unit membership shall furnish the Negotiating Committee with all contract proposals for contract alterations prior to negotiations.

(c)             The Negotiating Committee shall report to the Unit membership all contract settlement proposals and request their direction.

(d)             The Negotiating Committee shall sign agreements only after ratification by secret ballot vote of the majority of the members present.

 (e)             All Company-Union agreements must be approved and signed by a Representative of the International Union.

Section 8.      Each Unit may have its own by-laws, but in the absence of Unit by-laws the Unit must operate under the Local by-laws, but the Unit by-laws must not conflict with the International Constitution or Local by-laws and must be approved by the membership.

Section 9.      Any Unit desiring to do so may create a Unit fund to be expended by the Unit, as directed only by the Unit membership as per Article III, Section 3.

Section 10.     The duties of the Unit Officers are as follows:

Chairperson

Duties are to preside over all membership meetings, see that everyone has a chance to speak and that meetings are run orderly. He is automatically a member of all Committees if he chooses to be present at any such meetings. He makes all official statements to the Company, Local Union President and International Union. He jointly must sign all checks issued by the Unit. He is a member of all important Unit Committees. He arranges all meetings for membership, and meetings with the Company. He must see that all officers serving on his Executive Board carry out their duties as prescribed by the Constitution and Local by-laws. He is to make a report at each regular Unit meeting, he issues invitations to any guest to attend regular Unit meetings. He has the authority to appoint persons to fill out unexpired terms of office and to appoint special committees.

Vice Chairperson

The Vice Chairperson shall assist the Chairperson on any of the Chairperson's duties so assigned to him; he has the privilege of attending any meetings in the Chairperson's capacity if so directed by the Chairperson. It is the duty of the Vice Chairperson to be informed of all Union activities carried on by the Unit. In case of Chairperson vacancies during the term of office, the Vice Chairperson automatically steps into the Chairperson's position for unexpired term of office.

Recorder

Duties are to serve on all committee meetings that are called by the Unit Chairperson and to keep records thereof. He attends all membership meetings and keeps records thereof, including rosters of attendance for a period of at least five

(5) years. He reads all important correspondence to the membership and answers the same. He is responsible for all minutes of the Unit.

Secretary-Treasurer

Duties are to keep all financial records of the Unit for at least five (5) years and report same to the membership; handle all financial matters that may arise pertaining to dues, initiation fees, assessments, etc. in his Unit. He is to furnish such financial records to the Local as may be required. He is to correct all Union dues check-off sheets; in the case the Unit has separate funds he must bank such funds and counter-sign all checks.

Sergeant-At-Arms

The Sergeant-At-Arms can be appointed by the Chairperson if he feels the need for such an Officer, or a

Sergeant-At-Arms can be elected, which is left to the choice of the Unit. His duties are to check members in good standing and the customary duties of watching the door to the meeting hall.

Steward

Either to be elected by members from his department or can be appointed by the Chairperson. The department Steward is to receive all grievances direct from the worker and to investigate the grievance as to merit the legality. He then must approach the supervisor in charge and try to get a satisfactory settlement; he shall then submit the grievance in writing to the Company and then give the Chairperson of the Unit the full details of the grievance informing him of the Company's answer in the first step. He should keep informed on any changes in his department or floor, watch for safety hazards and report such to the supervision in charge. He should cooperate with the Company in all safety programs, department improvements, welfare programs, and notify Unit Chairperson of any seriously sick or deaths in his department. He should report any news

items to the shop news reporter. He should keep department bulletin boards clear of unnecessary literature. He should inform members of membership meetings and urge their attendance. Contact new employees in his department and have them sign membership cards of the Union, also inform them of their rights in the Union.

Section 11.Any Unit receiving a dues refund shall bank such monies in a local bank; the Chairperson and Executive Secretary-Treasurer must sign all checks. Any Unit operating in Franklin County, Ohio shall place all regular dues and initiation money in the general fund of the Local Union and then operate their Unit out of the general funds subject to the approval of the Local Union Executive Board.

Section 12.    Any and all funds in the name of or belonging to a Unit shall become the property of Local 379 and shall be immediately turned over to the Treasurer of Local 379 when the Unit no longer contains employees in a bargaining unit represented by Local 379 or when the Unit is dissolved, decertified, or otherwise ceases to function.

ARTICLE V 

Local Union Officers 

Section 1.      The Officers of the Local Union shall be nominated and elected by the membership of the Local Union in accordance with the following procedures:

(a)       On or before sixty (60) days prior to the tenure of office, the membership shall be notified that nomination petitions will be accepted for Local offices by mail addressed to the Local Headquarters during a fifteen

(15) day specified period. The notice shall be mailed by the Local to each member at the member's last known home address, setting forth all relevant information for submitting nomination petitions, including the number of signatures needed and the deadline date for submission of nomination petitions. Each nomination petition must set forth the name of the member who is being nominated and the office for which the member is being nominated. To be valid, each nominating petition must be signed by at least one active member who is eligible to vote. The original nominating petition with the original signature(s) must be submitted to the Local Secretary-Treasurer.

(b)             All nominees accepting Nomination, and qualifying for office, shall appear on the ballot; such ballot shall be mailed to all members at their last known address. The Local will send by first-class mail to each active member of the Local Union eligible to vote by mail ballot the following: (1) instructions as to the procedures to be used by the members in casting their secret ballots by mail; (2) one official ballot and one envelope bearing the words "Secret Ballot" with no identifying number or marks; and (3) a ballot return envelope, which shall either contain a label with the member's name and address or clearly ask the member to print his or her name and address, and which shall be pre-addressed to a local post office box obtained solely for the purpose of the mail election. A period of not less than fifteen (15) days shall be given for the return of the ballots to the Local Headquarters.

(a)              Five (5) Tellers shall be appointed by the Local No. 379 Executive Board from members in good standing not appearing on the ballot. The Tellers shall take charge of and count the ballots at an open stated meeting and publish the results.

(b)             Adequate safeguards to ensure the secrecy of each voter's ballot and the fairness of the mail referendum shall be provided by the Local officers and election officials. In all other applicable respects, the provisions of the RWDSU Constitution and by-laws, the UFCW Constitution and these bylaws relating to the election of local officers shall govern.

Section 2.       To qualify for Nominations for any local office, the nominee must:

(a)                Be a Union member in good standing;

(b)               Qualify under Section 504 (a) of the Labor-Reform Act (1959); Section 3. The term of office of 

Local Officers shall be three (3) years. Section 4. Officers of the Local Union shall be as follows:

President – Delegate number 1

Secretary-Treasurer—Delegate number 2

Recorder—Delegate number 3

Vice President (seven)—Delegates 4 through 10 Section 5. The duties of the Local Union Officers are as follows:

President -- Delegate

The President is the principal officer of the Local and shall preside at meetings of the general membership of the Union and the Executive Board, enforce the miles, appoint all Committees not otherwise provided for and transact other duties as are usual to office of President, or may be required by the Union. He shall be an ex-officio member of all committees. He shall make a report at each meeting and be responsible for organizational work. He shall be in charge of issuing statements for the Union. He shall be empowered to appoint, with approval of the Executive Board, any Vice President (except the 1St Vice President) to any Executive Board vacancy that may occur, for the unexpired term. He shall be empowered to fill any vacancy in the office of Vice President- Delegate, with the approval of the Executive Board, by the nominee for Executive Board office in the preceding general election who received the next highest number of membership votes. In case of a tie vote, the tie will be broken by placing the names of all nominees in the tie together and drawing the winner by lot, or, until petitioned by ten percent (10%) of the Local membership to hold a special election to fill such vacancy. The President must be a delegate to all conventions and conferences in which the Local participates.

Vice Presidents - - Delegate

Vice Presidents shall assist the President in the discharge of his duties and during his absence, in order of their election, such Vice President shall perform the duties of the President. In the event the office of President is vacated, the 1st Vice President shall fill the office. The remaining Vice Presidents will automatically move up to 1st 2nd, 3rd, etc., Vice Presidents.

Recorder -- Delegate

The Recorder shall keep a correct record, for a period of five (5) years, of all the meetings of the general membership and of the Local Executive Board. He shall also read to the Executive Board all incoming mail and shall answer same under the direction of the Executive Board.

Secretary-Treasurer -- Delegate

The Secretary-Treasurer shall be held responsible, for a period of five (5) years, for all financial records, dues records, per-capita records and reports; make a financial report to the membership, or to the Secretary-Treasurers of the various Units and to the Executive Board. It shall be the duty of the Secretary-Treasurer to countersign all checks that are drawn upon the Local Union Treasury. If the Local is entitled to more than one delegate to a convention or conference, the Secretary-Treasurer shall be the second delegate.

Treasurer -- Delegate

The Treasurer shall issue to the Secretary-Treasurer a receipt for all money and bank same in a bank agreed upon by the Local Union officers in the name of Local No. 379, RWDSU/UFCW AFL-CIO:CLC. It shall also be the duty of the Treasurer to sign all checks that are drawn upon the Local Union Treasury.

ARTICLE VI

Executive Board and Audit Committee

Section 1.    The Local Executive Board shall consist of the President, Vice Presidents, Recorder, Secretary-Treasurer,

Treasurer, Trustee Chairperson and Sergeant-At-Arms. No more than half of the Executive Board members may be full-time employees of the Local.

Section 2.   The Offices of Treasurer and Secretary-Treasurer cannot be filled by persons from the same unit. In the event that this should occur in an election, the election of Treasurer shall be considered no contest and a second nomination and election shall be held.

Section 3.    In order to form a quorum at a meeting, forty percent (40%) of the Officers must be present.

Section 4.    The Local No. 379 Executive Board shall be responsible for and faithfully execute the following duties:

(a)              The affairs of the Local Union, subject to all direction of a majority of the General Membership.

  (b)               Recommend action to the General Membership subject to their majority ratification.

(a)             Shall receive and make recommendations on reports of standing Committees, Unit Officers and Members.

(b)             Shall have authority to establish and pay wages and expenses of the office personnel and delegates.

(c)               Pay normal expenditures of the Local Union.

(d)             Subject to the provisions of Article VII, determine the number of elected delegates to attend Conventions and Conferences where Local or International Policy is involved.

(e)             Shall appoint Officers and Members to attend Seminars, Schools, etc., and pay lost wages and expenses incurred.

(f)              Elect delegates to central bodies, provided that such delegates shall have only such authority as may be expressly granted by the Executive Board. All other action of the Executive Board shall be subject to the approval of the General Membership.

(g)               The Executive Board shall meet once each month. Any Local Executive Board member who has three (3) consecutive unexcused Executive Board meeting absences shall be considered to have resigned; and the office shall be open for appointment as prescribed by the Local by-laws.

Section 5.      In case of a vacancy in the office of President, the Secretary-Treasurer shall perform the duties of the President until his or her successor is elected. It shall be the duty of the Secretary-Treasurer to immediately make known such vacancy to the Executive Board, which shall, within 30 days of such vacancy, by majority vote, elect a successor. Upon each

unsuccessful balloting, the name of the candidate receiving the fewest number of votes shall be eliminated. If, during a vacancy in the office of President, there is also a vacancy in the office of Secretary-Treasurer, the following order of seniority shall be applicable to the responsibilities specified within this paragraph: the Executive Vice Presidents in the order of seniority on the Executive Committee or, in the event of equal seniority, in the order of seniority on the Executive Board; and, then, the Vice Presidents in the primary employment of the Union in the order of seniority on the Local.

Executive Board.

Section 6.      Three Local Executive Board members shall, by virtue of their offices, constitute the Local Audit Committee. Two of these shall be the President and the Secretary-Treasurer and the Local Executive Board shall annually designate one of the other members of the Executive Board to be the third member of the Audit Committee.

Section 7.      The Local Audit Committee shall be responsible for ensuring that all finances of the Local are managed in accordance with the Constitution and by-laws of the RWDSU, the Constitution and by-laws of the UFCW and these

by-laws. The Local Audit Committee shall be responsible for ensuring that the funds and property of the Local are properly received and managed for the sole use and benefit of the Local and in accordance with standard accounting practices.

Section 8.      The signatures of two of the three members of the Local Audit Committee shall be required on all checks and other financial documents and the members of the Local Audit Committee shall be responsible for ensuring that all banks and other financial institutions holding funds or property of the Local are so instructed.

Section 9.      The Local Audit Committee shall examine the financial records of the Local. The Local Audit Committee shall make a quarterly financial report to the RWDSU Secretary-Treasurer on forms supplied or approved by them and on such schedule as they may determine. The Audit Committee shall also promptly submit a copy of said report to the Local Executive Board. The Audit Committee shall also file with the RWDSU Secretary-Treasurer and the UFCW

Secretary-Treasurer copies of all audits required by the RWDSU Constitution and by-laws and the UFCW International Constitution and all financial reports required by governmental authority within thirty (30) days of their completion.

Section 10.    The Local Audit Committee shall employ a certified public accountant to assist them in the performance of not less than once a year. In accordance with Article X, Section 19 (c) of the RWDSU Constitution and by-laws and Article 36 (E) of the UFCW Constitution, in the event the Local membership at the end of the fiscal year is less than 2,500, the Local Audit Committee may employ a certified public accountant to perform a review and issue an opinion (rather than an audit).

Section 11.    The Audit Committee shall ensure that Local officers, representatives, and employees are bonded as directed by the RWDSU Secretary-Treasurer and the UFCW Secretary-Treasurer and in accordance with Article VIII, Section 4 of the RWDSU Constitution and by-laws and Article 11 (L) of the UFCW Constitution.

Section 12.    The title to a headquarters building or other real property held by the Local shall be vested by proper conveyance in its own name; in the name of a corporate trustee or the Audit Committee and their successors in office, to be held by the corporate trustee or the Audit Committee in trust for the sole use and benefit of the Local; or in a separate building corporation whose charter and other corporate documents have been approved by the RWDSU President and the UFCW President.

ARTICLE VII

Nominations and Elections

Section 1.  All Officers elections must be by secret ballot. All officers but the President and Secretary-Treasurer are elected by a plurality of votes. The President and Secretary-Treasurer must receive a majority of all valid votes cast to be elected. In the event no candidate for either of these two offices receives a majority of all valid votes cast, there shall be a run-off election between the two candidates with the highest number of votes.

Section 2. All Unit Officers must be elected by the membership in good standing of their own Unit.

Section 3.   All persons being a candidate for office must be first nominated by a member in good standing from his own Unit, or in the case of Executive Board elections, then nominations can be made by any member in good standing.

Section 4.      The Unit Chairperson or Local President shall appoint Tellers to conduct elections to safeguard the honesty and secrecy of any vote.

Section 5.       Any candidate, or member in good standing may observe the ballot counting.

Section 6.      Unit Nominations will only be accepted from members in good standing. Candidates must be present at nomination meetings or representatives must vouch for him.

Section 7.                Local elections shall be conducted in accordance with Article V, Section 1 of these by-laws. Section 8.       Candidates for office may not serve as Tellers.

Section 9.      The Oath of office may be administered by an official of the Local, International, National or past Chairperson.

Section 10.    All Officers of the Local and of the Units shall, before assuming the duties of their office, take the following oath of office:

"I........................................ , do hereby sincerely pledge my honor to perform the duties of my office as required by

the laws of Local No. 379, Division of the Retail, Wholesale and Department Store Union and the United Food and Commercial Workers Union AFL-CIO:CLC, to bear true allegiance to my Country, to my Fellow Workers and to the AFL-CIO. I will deliver to my successor in office all books and other property of the Union that may be in my possession. To all of this I solemnly promise, with full knowledge that to violate this pledge is to stamp me as a person devoid of principal and destitute of honor."

Section 11.    All Local Officers shall be elected for three (3) year terms. The term of office for Unit Officers shall not exceed two (2) years.

Section 12.    Delegates, elected by the membership, shall represent the Local Union at Conventions effecting policies of the Union and welfare of the membership. In the event that the Local is entitled to send more than two delegates to the International Convention, then the Local, at any time during January through April of the convention year may, (1) elect delegates and alternates or, (2) elect fewer than its quota of delegates to attend the convention. If less than its quota of delegates is elected to attend the convention, the number of votes to which the Local is entitled at the convention shall be divided equally among the seated delegates present. The nomination and election of delegates and/or alternates shall proceed in accordance with procedures for nomination and election of officers as provided in these by-laws. At the time the Local seeks nominations for delegates and/or alternates, the Local may also ask the members to vote whether to send less than its quota of delegates to attend the convention. If as a result of this vote the decision is to send no more than two delegates to the International Convention, then no election shall be held.

ARTICLE VIII

Committees

The Unit Chairperson may appoint the following Standing Committees and their duties shall be:

(a)             Organizing Committee: This Committee shall be responsible for extending Unionism through the jurisdiction of the Local, and shall meet regularly to consider means for same.

(b)             Educational Committee: This Committee shall see that speakers, literature and other means are used to acquaint the membership with the problems and progress of the Union and the Labor movement in general.

(c)             Committee on Political Education: This Committee shall keep informed on legislation, legislative and political problems affecting Labor and shall make reports and recommendations to the Unit membership.

ARTICLE IX

Grievances and Strikes

Section 1.       Grievances shall be handled as outlined in each Unit Agreement.

Section 2.      A report of each grievance handled shall be submitted to the membership at the regular monthly Unit meetings.

Section 3.      Arbitration of a grievance may be instituted by an International Representative directed to do so by the Unit Executive Committee.

Section 4.      In event a dispute should arise between an International Representative and the Unit Executive Committee regarding the advisability of submitting a grievance to Arbitration, the Local No. 379 Executive Board shall be notified immediately and called into session. They will hear the evidence of both parties and rule on the dispute. Such rulings by the Local No. 379 Executive Board shall be final and binding on all parties. Until such ruling is made, the International Representative involved shall be charged with the responsibility of processing the grievance to arbitration under the time limits imposed by the Agreement.

Section 5.   The cost of Arbitration as prescribed in each Unit Agreement shall be considered a normal expenditure of the Local Union. Arbitration entered into by individual members or non-members on their own initiative shall be the total financial responsibility of such member or non-member.

Section 6.   Strikes may be voted as follows: A strike may be called by any one Unit of the Local Union provided, the Unit membership affected has been properly notified and has approved such action by two-thirds (2/3) majority vote taken by secret ballot at a meeting on their Unit, and further provided that, after such vote, authorization for suchaction has been given by the RWDSU International President and then by the UFCW International Executive Committee.

Section 7.      The Local No. 379 Executive Board shall participate in the Retail, Wholesale and Department Store International Strike Fund. The Local shall remain a member in good standing at all times of the Strike Fund and shall pay all required fees to the fund in a timely manner.

Section 8.   The Local Union President with the approval of the Local Executive Board, shall appoint two (2) officers of the Local Executive Board, to administer any required strike activity.

Section 9.      The Local Union Strike Fund Officers along with the three (3) Executive Unit Officers of the Unit on strike is the Relief Committee. Their duties shall include the proper assigning of strike duty and recording and passing on to the RWDSU Strike Fund all required documentation.

(a)             Every member in good standing of the Unit on strike shall be entitled to assignment for picket or other strike pay.

(b)             It shall be each members responsibility to report on time and stay the assigned hours on his assignment.

(c)             Attendance records shall be kept showing any member on any tour of strike duty who was absent without establishing in advance a replacement by mutual agreement.

Section 10.    Starting with the second week of any authorized strike, the Strike Relief Committee shall request from the RWDSU International Strike Fund a strike benefit for each week, for each member in good standing assigned to picket or other strike duty, provided such member does not absent himself from any tour of assigned duty. Each such absence shall reduce that members strike relief by an amount determined by the Strike committee or by and amount determined by the RWDSU Strike Fund.

ARTICLE X

Trials

Section 1.      Charges against any member of any Unit shall be submitted to the Unit Executive Committee in writing and signed by the member making such charges. The Unit Executive Committee shall have the power to determine whether or not charges are worthy of trial. Then the Unit Recorder shall furnish by registered mail to the accused member at his last known address a copy of such charges together with the notice of time and place of the trial. The foregoing notice shall be sent by the Unit Chairperson in the event the charges are preferred against the Unit Secretary. All parties shall have the right to be present at all hearings.

Members of Local 379 may be expelled, suspended, fined or otherwise disciplined for violation of any of the provisions of the International Constitution or for any violation of any of the provisions of the Local Constitution or by-laws or for any other conduct detrimental to the best interests of the Local Union and its Membership.

Section 2.      Such trials shall take place not less than ten (10) days nor more than thirty (30) days after date of mailing such notice.

Section 3.      The Unit Executive Committee shall select a Trial Committee of five (5) and designate a Chairperson thereof, except that no Local Executive Board Officer shall serve on a Unit Trial Committee. The Trial Committee shall hear the accused and the accusers and their respective witnesses and shall report their findings to the Unit Executive Committee with their recommendations as to penalties, if any. The Unit Executive Committee shall make a recommendation to the membership of the Unit in which the accused member holds membership, who may accept, amend or reject the findings of the Trial Committee and the Unit Executive Committee. The accused and the accuser shall have the right to be represented by counsel, provided said counsel shall not be a member of the Local Executive Board.

Section 4.      In the event of the failure of a member called for trial to appear at the time and place fixed for the trial without presenting satisfactory excuse for his absence, the trial shall proceed as if he were present.

Section 5.      The finding of the Unit may be appealed to the Local Executive Board. No disciplinary action shall be taken against the accused until the Local Executive Board has ruled on the appeal. The Local Executive Board may accept, amend or reject the findings of the Unit. Any monetary fines shall be returned to the Unit. All notices of disciplinary action by the Local Executive Board of any kind shall be mailed to accused by registered mail to his last known address over the signature of the Local President.

Section 6.      Any Unit or Local Officer found guilty as charged under this trial procedure shall be automatically removed from office for the remainder of his term.

Section 7.       Further appeal shall be made as follows:

(a)               To the next regular International Executive Board Meeting.

(b)               To the next regular International General Council Meeting.

(c)               To the next regularly scheduled International Convention.

The above procedure for appeal in sub-divisions (a), (b) and (c) shall be invoked by the member serving notice in writing to be sent by registered mail to the International President of his intentions to appeal, within thirty (30) days following the decision from which the appeal is taken.

ARTICLE XI

Bonding

Section 1.      All officers of the Local who handle funds shall be bonded through an Agency approved by the International Union for an amount set by the Local Executive Board.

ARTICLE XII

Unit Meetings

Section 1.      Regular meetings must be held monthly on periodically set dates by Unit members, unless, the Unit membership in attendance shall have voted to eliminate such monthly meeting by a two-thirds (2/3) majority vote; but in no case can a Unit eliminate regular membership meetings for a period in excess of three (3) months.

Section 2.      Special meetings of the Unit membership may be called by order of the Unit Chairperson, Unit Executive Board or when petitions representing ten percent (10%) of the membership in good standing are submitted to the Unit Executive Board.

Section 3.      In order to form a quorum at a meeting, seven members of the Unit membership in good standing must be present, provided that in units with 12 members or less, the quorum shall be 50% of the membership.

All meetings of the Unit membership shall be chaired by the highest ranking Unit Executive Committee member in attendance.

Section 4.       ORDER OF BUSINESS

(a)              Call meeting to order:

1.                       State if Regular or Special.

2.                       If Special, state the reason.

(b)             Secretary to read minutes of last meeting:

1.                       Chairperson to ask for corrections.

2.                       Chairperson to get membership's approval.

(c)              Secretary to read Unit Financial Report:

1.                Chairperson to get membership's approval.

(d)             Secretary to read minutes of Local Executive Board:

1.                Chairperson to ask for questions.

(e)             Secretary to read Local Financial Report:

1.                Chairperson to ask for questions

(f)              Secretary to read any correspondence:

1.             Chairperson to get membership's action.

(g)             Chairperson's report.

(h)             Committee reports:

    Grievance

    Safety Welfare, etc.

Delegate reports:

Conventions

Schools

Councils

Conferences

Old Business:

New Business:

Adjournment:

ARTICLE XIII

Affiliations

The Local may affiliate with the State AFL-CIO Council and their Local County or City AFL-CIO Council.

ARTICLE XIV

Loss of Membership and Reinstatement

Section 1.     Members shall pay in advance, all dues and shall promptly pay all Unit assessments. Any member who shall be two (2) months in arrears in the payment of dues, assessments or other payments required to be made by the Local Union or Unit, shall cease to be in good standing and shall automatically be suspended from all rights and privileges of membership. In the event of illness or other extra-ordinary cases, the Local Executive Board may remit Local dues only.

Section 2.      Members shall immediately notify the Union office of any change of address and they shall attend all meetings of their Units.

Section 3.      An active member who is not actively working due to layoff, illness, disability, or a contractually provided leave of absence, and has applicable recall or reemployment rights which have not expired under the collective bargaining agreement, or who has been discharged and has a grievance pending under the collective bargaining agreement, may elect, (1) to continue to pay dues and maintain active membership for the temporary period for which said recall or reemployment rights are valid or said grievance is pending, but in neither event for longer than two years, (2) to apply for another classification of membership for which the member may be eligible or, (3) to apply for a withdrawal card.

Section 4.      Members in good standing who are no longer active employees are to be issued withdrawal cards without cost. Any member who has withdrawn his name from membership or has been suspended for failure to pay dues or Unit assessments, or has otherwise ceased to be a member of this Local Union, may be reinstated to membership as follows:

(a)             Any member who leaves the employment over sixty (60) days shall be readmitted as a new member unless he has taken a withdrawal from the Local.

(b)             Any member who has been suspended for failure to pay dues or Unit assessments shall be required to pay such dues or Unit assessments before being reinstated as a member in good standing.

(c)             Any member in good standing who enters the Armed Forces shall be readmitted without payment of initiation fee, provided he makes application for Union membership not later than six (6) months after date of release from active duty.

(d)             A former member on a valid withdrawal card, from the Local or any other RWDSU or UFCW Local, is entitled to renewed active membership without the payment of any initiation or reinstatement fee.

ARTCIEL XV

Miscellaneous

All reports submitted by any Officer or by the Executive Board of the Local to the UFCW must be simultaneously sent to the RWDSU.

ARTICLE XVI

Amendment

Proposals to amend the Local by-laws may be made only by the Executive Board or by a petition signed by twenty percent (20%) of the Local's active membership, or if the Local's membership is more than 2,000, the greater of ten percent (10%) of the active membership or 400 members. Amendments to these by-laws may be made by a two-thirds (2/3) majority vote of the General membership by secret ballot voting, provided, that notices of the proposed amendments are posted on the Unit bulletin Boards seven (7) days prior to said voting. 

ARTICLE XVII

These by-laws shall be in full force and effect December 1, 1959. BY-LAWS COMMITTEE:

Robert Clark  

John Johnson

Pete Frohnauer   

Paul Loeffler

Ned Harkless    

Eric Price

Eugene Ingles

Elmer Thomas

These by-laws amended effective July 1, 1966.

Eugene Ingles  

William Paul

William Jackson   

George Thacker

   Robert Jenkins 

   Paul Wiley 

These by-laws amended effective November 15, 1973.

AMENDMENTS COMMITTEE:

William Adams  

William Ewing

Ron Donohoe   

Paul Whitcraf

These by-laws amended effective January 1, 1993. AMENDMENTS COMMITTEE: 

John Austin 

John Johnston

Jon Bratka 

Larry Varney

Russell Downs 

Sharon Wilson 

Raymond Drake

These by-laws amended effective November 15, 2000. AMENDMENTS COMMITTEE:

Dean Arnold  

John Johnston

Raymond Drake 

John Moore 

Paul Norris, Jr.

All references of gender in the by-laws of Local No. 379 shall be considered as reference to he/she

RESOLVED, that in order to comply with the Constitution and By-Laws of the International Retail, Wholesale and Department Store Union, and the Constitution of the United Food and Commercial Workers, the by-laws of Local No. 379, Retail, Wholesale and Department Store Union, are hereby amended this                                                                               day of                                          , 2000, to be effective                                          , 2000, to read as follows.