Local 101 CONSTITUTION

ARTICLE I

Name, Affiliation, and Jurisdiction

Section 1

The name of this organization shall the Local Union No. 101, International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, AFL-CIO (hereinafter called the "Local").

Section 2

This Local has been established and exists by virtue of a Charter issued by the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada (hereinafter called the "Alliance" or "International") and pursuant to the Constitution and By-Laws of the International.

Section 3

Jurisdiction of this Local shall embrace the jurisdiction set forth in the Charter granted, and as more fully defined in Article XVIII, Sections 9 and 10 of the International Constitution.

ARTICLE II

Objects

Section 1

This Local is dedicated to the principles of trade unionism. Its objects are to unite all workers within its jurisdiction for the following purposes:

    1. To improve their wages and hours of work, to increase their job security, and to better their working conditions.
    2. To advance their economic, social, and cultural interests.
    3. To establish peaceful and harmonious relations between its members and their employers, and to increase the stability of the industry.
    4. To assure full employment.
    5. To promote and support democracy and free trade unionism.
    6. To engage in such other activities as may be necessary or proper to strengthen the labor movement and to extend the process of collective bargaining throughout all trades and industries.

Section 2

This Local shall endeavor to accomplish the foregoing purposes by organizing the unorganized, educating its membership, negotiating collective bargaining agreements with employers, securing progressive legislation, and by all other appropriate means within the International.

IATSE Local 101

ARTICLE III

Membership

Section 1

QUALIFICATIONS FOR MEMBERSHIP

No person shall be eligible either to membership or to retain membership in this Local who shall be a member of any organization having for its aim or purpose the overthrow, by force, of the Constitution and Government of the United States or Canada.

Any member, who shall, upon trial, be found to lack any of the qualifications for membership in this Local, shall forthwith be expelled and shall surrender all rights and privileges as such member, including death benefits and other property rights, if any, in the assets of this Union; and no member, so expelled shall ever be eligible to reinstatement thereafter.

Any person applying for membership in this Local must be of good moral character and reputation, and unless waived by the International for proper cause upon application by the Local, must have been a resident for at least eighteen months preceding his application within its jurisdiction.

Such applicant shall be of legal age to engage in gainful employment within the jurisdiction of this Local.
There shall be no discrimination against any person in respect to membership in this Local by reason of race, color, creed, national origin, sex, or age.

Section 2

APPLICATION FOR MEMBERSHIP

Every application for membership must be made upon the official printed form supplied by the International to the Local.

The endorsement of the application by the General Secretary-Treasurer of the International must be obtained before any action is to be taken by the Local upon the admission of the applicant, and if the endorsement is refused the applicant shall be rejected.

Each application blank must be accompanied by a $100.00 processing fee as may be determined by the General Office. This processing fee is not returnable.

Applicants for membership must have 1000 hours of work with this Local, or equivalent experience working in the craft/industry. The applicant must also pay a $600 initiation fee within 3 years of being sworn into membership. Applicants may be required to show proof of experience or their hours worked in the craft and/or with the Local.

Any applicant who is guilty of making false statements upon the application blank shall, if admitted to membership, be expelled upon conviction and shall be thereafter denied admission to membership in this Local. Any initiation fee paid by such a member shall be forfeited upon expulsion.

Section 3

EXAMINATION OF APPLICANTS

The applicant may, if so decided by the Body, be required to pass a satisfactory examination as to competency and qualifications. If required, such examination shall be before a Board of Examiners, consisting of or appointed by the Executive Board, and the examination shall be uniform for all applicants. The approval of the Board of Examiners is essential before further action is taken.

Section 4

BALLOTING OF APPLICANTS

An applicant who has complied with the preceding sections of this Article and who is, thereunder, eligible for membership shall be proposed for admission at a regular meeting of the Local.

Such applicant shall not be present when his or her name is proposed for membership. Open discussion shall be permitted, and at the next meeting of the Local the application shall be balloted upon, and a majority vote of the members present shall be required for the acceptance of the said applicant.

Section 5

REGISTERED APPRENTICES

This Local may register the number of Apprentices permitted by the International Constitution and By-Laws. They shall make applications as Apprentices to this Local on regular application forms. They shall have the same financial Obligations as the regular members. They shall at all times be under the supervision of the Business Representative. After serving three years.

Apprenticeship they shall, if not previously voted in, be balloted upon by the membership and shall become full regular members or their connection with the Local shall cease entirely, dependent upon the vote of the membership. In the event the Apprentice is not elected to membership his initiation fee shall be returned.

IATSE Local 101

ARTICLE IV

Headquarters

The headquarters and main office of this Local shall be within the Cities of Niles, Warren, Youngstown, Ohio, or their suburbs at such place as may be designated by the Local.

ARTICLE V

Government

Section 1

SUPREME LAW

The International Constitution and By-Laws, as well as this Constitution and By-Laws, shall be the supreme law of this Local.

Section 2

MEMBERSHIP MEETINGS

Regular meetings shall be held each month on the second Tuesday of the month at 6:30 pm. At the discretion of the president, the meeting date and/or time may be changed.

The meetings for any three consecutive summer months may be suspended by a majority vote of the members present at a regular meeting with the approval of the Executive Board.

Special meetings shall be called by the President on the petition of no less than 7 members, and no business, other than that for which such meeting is called, shall be conducted thereat.

A majority of the Executive Board as well as the President shall also have the power to call special meetings.

A quorum of e members in good standing is required to open a meeting for the transaction of a lawful business.

Section 3

EXECUTIVE BOARD MEETINGS

The Executive Board shall meet at least once a month and at such other times as called by the President. A majority of the members of the Board shall have the power to call an Executive Board meeting. All members of the Board shall be notified in advance of such meeting. A majority of the members of the Executive Board shall constitute a quorum.

ARTICLE VI

Nomination and Election of Officers

Section 1

ELECTED OFFICERS AND ELIGIBILITY

There shall be elected to office the following officers, viz.:

President

Vice-President

Corresponding/Recording Secretary

Business Representative/Stage

Financial Secretary-Treasurer

Executive Board - to consist of President, Vice-President, Corresponding/Recording

Secretary, and two members at large

Board of Trustees - to consist of three members, the one receiving the highest vote in the election to be declared the Chairman. If the vote is a tie, the President shall have the power to appoint the Chairman.

Sergeant-At-Arms

Delegates to the International Convention

To be eligible for office, other than as a Delegate, a person must be nominated and seconded by a member other than themselves, have been a member in good standing in this Local for a period of two years, attended at least 2/3 of the regular meetings within the year of nominations, be present at the meeting to accept or decline the nomination, and who is not disqualified from holding office under any applicable Governmental law.

Any member in good standing of this Local shall be eligible to serve as a Delegate.

Section 2

NOMINATIONS

The nomination of Officers shall be held once every three (3) years. All nominations must be made at the regularly scheduled meeting in the month of October.

At the October regular meeting, there will be nominations made for a primary election to be held at the November meeting.

The two (2) candidates receiving the most votes in the primary election will then be placed on the ballot for each office for the general election to be held at the December regular meeting.

Members shall be notified of the date, time, and place of the meeting at which nominations are to be taken at least fifteen (15) days in advance of such meeting. Such notices shall be e-mailed to the members or, in the case of any member who so requests, shall be mailed notice to their last known address.

Section 3

TERM OF OFFICE

The election shall be held once every three (3) years in the month of December on the designated Election Day. At such elections, there shall be elected the Officers provided for in Article 3, Section 1, of this Constitution and By-Laws.
Notices of Election shall be mailed ( or e-mail~d to any member so requesting) to all members at least fifteen (15) days prior to elections, specifying the date, time, and place of the election and the offices to be filled. Notices shall be mailed to the member's last known address.

Section 4

ELECTION DAY

The Judge of Elections, in conjunction with at least two (2) Tellers, shall. prepare the ballots, tally sheets, and the ballot box, or if voting machines are used, shall arrange for same. It Shall be the duty of the Secretary of the Local to preserve the ballots and all other records pertaining to the election for a period of one year.

The eligibility of members to vote must be verified.

Every member must have a paid-up dues card to receive an official ballot which he shall mark alone.

After completion, he shall fold the ballot SQ to conceal his vote and deposit it in the ballot box or return it to the Judge of the Election. Any member who, through misfortune, is unable to cast his own vote may call upon the Judge of Elections only, to assist him.

Upon the polls being declared closed, the Judge shall open the ballot box (if applicable) and have the ballots counted. If the total agrees with the tally, the Judge and Tellers shall then proceed to the official count of the votes for the different candidates. The total of each candidate's vote shall be recorded on a recapitulation sheet, which must be signed by the Judge and Tellers, and delivered to the President at the meeting. The President shall then read the results to the meeting and those candidates who receive the highest number of votes shall be declared elected.

Any candidate shall have the right to have an observer (who must, however, be a member in good standing in the Local) present at the polls and the counting of the ballots.

All reasonable requests of any candidate to distribute campaign literature by mail or otherwise, at the candidate's own expense, to the members in good standing shall be honored.

Every candidate shall have the right once within 30 days prior to the election to inspect (but not to copy) a list containing the names and last known addresses of all members of this Local who are subject to a collective bargaining agreement requiring membership in this Local as a condition of employment.

Elections shall be conducted by secret ballot. Proxy voting shall not be permissible. If absentee balloting is permitted by a vote of the membership, the absentee voters shall be given written notice as to the deadline for receipt by the Local of the absentee ballots. Absentee ballots for nominations and elections must be made available, on written request to members who are unable to attend the meeting. Only those members duly nominated shall be candidates for office (write-in votes for those not duly nominated shall not be counted).

If there is only one candidate for any office, the Secretary shall cast a unanimous ballot for that candidate and the same shall dispense with the requirement of a secret ballot vote for that office.

Section 5

INSTALLATION

To allow time for the newly elected officers to learn the duties and logistics of their office from their predecessors, the officers elected shall be installed at the first regular meeting in the month of January and shall subscribe and assent to the required pledge before entering upon the duties of their office.

ARTICLE VII

Duties of Officers

IATSE Local 101

Section 1

PRESIDENT

The President shall preside at all meetings of the membership and of the Executive Board and shall at all times conduct same in accordance with this Constitution and By-Laws and the standing rules attached hereto. For misconduct during the course of a meeting, a member may be summarily fined in an amount not to exceed $25.00 for each separate offense, or at the discretion of the President, maybe summarily ejected from the meeting if his or her conduct persists in disrupting the meeting.

In absence of a specific law to govern a given condition, the President shall decide the matter in a spirit of fairness and equity, and such ruling shall be enforced unless changed by the Executive Board or the membership.

He shall see that all officers perform their duties as prescribed by the Constitution and By-Laws and if an officer is derelict in those duties and responsibilities, he shall bring it to the attention of the Executive Board.

The President shall be a Chairman Ex-officio of all committees.

He shall, with the consent of the Executive Board, use all moral and financial aid in enforcing the rules, wage scale, and conditions of this Local.

He shall appoint the members of all committees as well as all stewards. Any member directly /employed for other than stagehand work by a venue or vendor utilizing LocallOl members will not be permitted to act c{} steward, handle any payroll information, hold office, vote in matters of important Local business, such as contracts, or distribute or transport checks unless that duty is specifically stated in a written contract with the said venue.

If a vacancy should occur during the term of any office of this Union, the President shall have the power to appoint a member in good standing as successor to serve out the unexpired term.

The President shall also be empowered to appoint Delegates to such conventions or trade assemblies (other than those named in Article VI, Section 1 hereof) as shall be of interest and importance to this Local. In the event a vacancy occurs in the office of President, the Vice-President shall succeed to the office of President until the vacancy shall have been filled by the membership at a By-Election.

By-Elections must be held within 60 days after the vacancy was created.

Section 2

VICE-PRESIDENT

In the absence of the President, the Vice-President shall assume all duties of the President. The Vice President shall be in charge of the Grievance Committee and investigating any charges brought. The Vice President shall attend all meetings.

Section 3

CORRESPONDING and/or RECORDING SECRETARY

It shall be the duty of the Corresponding/Recording Secretary to attend all meetings of the membership and of the Executive Board and to keep correct minutes, but not necessarily verbatim, of the proceedings of such meetings, and submit for approval and signature of the President at the next regular meeting or whenever requested by the Board of Trustees.

He shall furnish delegates to the convention with credentials, send out to the membership notice of each meeting, and conduct the general correspondence of the Local which is not a function proper to other offices or committees.

He shall keep a duplicate copy of all correspondence and shall keep the seal in his possession.

In the absence of the President and Vice-President at a meeting, the Recording/Corresponding Secretary shall become the presiding officer.

Section 3a

FINANCIAL SECRETARY /TREASURER

It shall be the duty of the Financial Secretary-Treasurer to keep a true and accurate record of all income and disbursements and all assets and liabilities of this Union.

He shall deposit all money in a bank approved by the Executive Board, same to be in the name of the Local, subject to withdrawal by checks signed by himself and the President.

He shall collect, all dues, fines, and assessments from the members and shall report quarterly to the meeting the standing of all members.

He shall deliver to the Chairman of the Board of Trustees for auditing purposes all books and papers in his possession and shall attend such auditing meetings.

IATSE Local 101
IATSE Local 101

Section 4

BUSINESS REPRESENTATIVE/STAGE

The Business Agent or representative designated by the Executive Board shall represent the Local in all dealings with potential and existing clients.

The Business Agent will be a member of all negotiating committees.

  • Contracts negotiated by any such committee shall be subject to ratification of the membership unless the membership has authorized in advance and empowered the committee to conclude the contract without ratification.

The Business Agent will attend all regular and special meetings.

  • He or she will keep records of all worker infractions of the work rules of the Local that have been reported in Job Steward/Leadman reports, and report them to the Executive Board.

He or she will advance any show not already covered by a venue contract unless a designee has been appointed by the Executive Board to also advance shows.

He or she, or a member designated by the Executive Board will notify the Call Stewards of any crew requirements for any upcoming work call that he/she may have advanced.

The Business Agent will be responsible for authoring all communications pertaining to this office and will maintain all necessary and required records set forth by the Local and in compliance with the requirements of the IATSE as well as Federal and State Labor Laws.

The Business Agent shall perform such duties as directed by the Executive Board as they become necessary during the course of business of the Local. He/she will never meet with or conduct Local business alone.

  • The Executive Board will appoint a member to accompany the Business Agent in any such dealings, be it with a client or a duly appointed representative of the International.

The Business Agent shall at all times be under the supervision of the Executive Board and shall meet regularly with and make reports to the Executive Board.

Section 5

BOARD OF TRUSTEES

The books of this Union must be audited no less than every six (6) months by the Board of Trustees, who will make a detailed report of their finding at the next regular meeting. The Board of Trustees is charged with the responsibility of seeing to it that any officers and employees of this Union who handle its funds and property are bonded to the extent and in the amount and form required by law. The expense of such bonds shall be borne by the Local. The Board of Trustees shall also be responsible for seeing to it that all books and records of the Local, used as the basis for preparing reports required by law to be filed with the Government, are preserved for at least seven (7) years from the dates such reports were filed.

Section 6

EXECUTIVE BOARD

The Executive Board shall investigate all complaints of members and decide, if possible, upon all questions in dispute between employer and employee, accepting any honorable means toward an amicable settlement that may be deemed essential to the best interests of this organization.

The Executive Board shall decide upon all matters referred to them by the membership and their decision shall be binding unless reversed by a 2/3s majority vote of the members present at a regular or special meeting of the Local. The Executive Board shall act as a trial board of this Local unless the member elects to be tried at an open meeting as provided in Article 12, Section 15 hereof, or as permitted by the International Constitution and Bylaws of the I.A.T.S.E, provided they shall have the power to summon as a witness any members and those failing to answer may be adjudged in contempt and penalized for same by fine or suspension.

The Executive Board will have the authority to summon any member to appear before it in matters pertaining to violations of the constitution and bylaws of this Local, or of the referral hall rules, and have the authority to discipline members who refuse such a summons, after a fair trial.

Section 7

SERGEANT-AT-ARMS

It shall be the duty of the Sergeant-At-Arms to be present at all membership meetings and see that none but members enter the meeting hall and carry out such instructions as are given to him by the presiding officer.

Section 8

DELEGATES TO INTERNATIONAL CONVENTION

The Delegates shall perform their duties as prescribed by the Constitution and By-Laws of the International Alliance and report thereon at the next regular meeting following the Convention.

Section 9

OTHER DELEGATES

Other delegates shall attend meetings of the Bodies or Conventions to which they are accredited and shall report thereon to the membership at the next regular meeting.

Section 10

COMPENSATION OF OFFICERS

After the initial ratification of this Constitution, the designation of those officers to be compensated for their services and the amount of compensation they are to be paid shall be determined by the majority vote of the membership at a regular meeting. Thereafter, compensation shall be determined immediately preceding the meeting at which nominations for the office are held and once fixed shall not be reduced during the term of office. Any proposed increase during the term of office of the compensation so fixed shall require a two-thirds favorable vote by secret ballot of the members present at a meeting.

ARTICLE VIII

Transfer and Reinstatement

Section 1

TRANSFER

Any member of another Local of this Alliance wishing to transfer his membership to this Local shall present his application as a new member together with a transfer card from the union of which he was a member.

Section 2

REINSTATEMENT OF MEMBERS

Any member who has been suspended from membership shall be required to pay a reinstatement fee of $200.00 dollars, together with all financial obligations that may have accrued against him during the period of his suspension. Any member who has been expelled shall be required to make an application as a new member and shall be governed by all conditions pertaining to it.

ARTICLE IX

Revenues

Section 1

DUES AND INITIATION FEES

The Dues payable by each member shall be determined and set by a majority vote of the membership. Dues shall never be lower than the cost of per capita stamps from the International and shall be payable in advance plus 5% of the earnings of members from work under the Local's technical jurisdiction. The initiation fee shall be $600.00 but may be reduced or waived by a vote of the membership for organizational purposes only.

Members at least 65 years of age with 25 years of membership in the Alliance may at their option be declared Retired Members as defined in the International Constitution and Bylaws provided they fully cease employment under the Local's jurisdiction or under the jurisdiction of any other affiliated IATSE Local or the International. Retired Members shall have a voice but no vote at Union meetings and shall not be eligible to hold office.

IATSE Local 101
IATSE Local 101

Section 2

SPECIAL ASSESSMENTS

If at any time the Executive Board deems it necessary to acquire additional revenue, for the best interest of the Union, it shall recommend to the membership a special assessment.

Section 3

INCREASE IN DUES

The number of dues provided for herein shall not be increased nor shall any special assessment be levied or increased unless approved upon secret ballot by a majority vote of the members in good standing present at a regular meeting.

Section 4

INVESTMENTS

The Executive Board, subject to the approval of the membership, shall be permitted to invest the surplus money of this Local in the United States or Canadian Government bonds or other Government securities.

Section 5

OUT-OF-TOWN MEMBERS

Members of other Locals of the Alliance working in the jurisdiction of this Local shall pay the same percentage of weekly earnings as the regular members of this Local may be required to pay but they shall not be required to pay Quarterly Dues to this Local.

Section 6

AUTHORITY TO EXPEND FUNDS

The funds of this Local shall be used to defray the proper operating expenses provided for herein and for other legitimate purposes to accomplish the objects of the Union.

IATSE Local 101

ARTICLE X

Good Standing

Members in good standing of this Local shall enjoy all rights, privileges, and benefits of this Constitution and By-Laws.

Failure on the part of any member to pay any financial obligation to this Local within ninety (90) days after same became payable shall result in such member being automatically declared not in good standing and be automatically and immediately suspended. A member not in good standing shall be deprived of the right to hold office, attend meetings, and vote. If such default continues for a period of more than six months from the date that the financial obligation first became payable and should the member fail to pay up in full his indebtedness within 10 days after written notice by certified mail of his default has been sent to him (such written notice to specify the amount due and how such amount was arrived at), the member shall be deemed automatically expelled unless prior thereto, he has been granted an extension of time to pay by a vote of the membership.

IATSE Local 101
IATSE Local 101

The term "In Good Standing" as used in this Constitution and By-Laws shall be construed to mean that the member has fully complied with all his obligations to the Local not only financially but also in other regards. Regardless of the intent of members, any monies collected from members toward their financial obligation will be first applied to any outstanding fine, secondly to outstanding fees, and finally to outstanding dues owed.

Payment of any financial obligation due by a member to the Local shall be enforceable by fine, suspension, or expulsion and, in addition thereto, by resort to court action. If court action is required, the delinquent member shall also be liable to the Local for reasonable legal fees and other expenses incurred by it in connection with the suit.

ARTICLE XI

Impeachment International of Officers

IATSE Local 101

Section 1

International Officers

This Article applies only to International Officers. Charges against Local officers must be brought under Article Sixteen.

ARTICLE XII

Discipline of Members

IATSE Local 101

Section 1

GROUNDS

In addition to the penalties expressly provided under the various sections of this Constitution and By-Laws, any member who shall breach his duty as a member by violation of the express provisions of the Constitution and By-Laws of this Local or of the Alliance or by such conduct as is detrimental to the advancement of the purposes which this Local or the Alliance pursues, or as would reflect discreditably upon this Local or the Alliance, shall be subject to discipline in the manner set forth in the sections following.

Section 2

FAIR TRIAL

Nothing in the provisions of this Constitution and By-Laws shall be construed to deprive a member charged with a violation thereof of the right to a fair trial whereby his guilt or innocence may be determined, with the exception that a member who has defaulted in the payment of any dues, fees, fines, or assessments lawfully imposed under this Constitution and By-Laws, shall not be entitled to stand trial, but shall be punished summarily as this Constitution and By-Laws provide.

Section 3

CHARGES

All charges against a member for a violation of the provisions of this Constitution or By-Laws must be in writing, in the form of a sworn affidavit, reciting clearly the offenses charged, the name of the accused, the time, place, and nature of the violation, the section or sections of this Constitution and By-Laws alleged to have been violated, over the signature of the accuser, together with a statement of the names of all witnesses to the offense charged who shall be known to the accuser.

Section 4

PENALTY FOR PREFERRING FALSE CHARGES

If false charges shall be maliciously preferred against any member, the person or persons preferring such charges shall be fined $500.00, the fine to be imposed upon the acquittal of the member accused, plus the expenses of the proceeding.

Section 5

CHARGES FILED IN DUPLICATE

Charges shall be filed in duplicate, but only the original need bear the seal of the Notary Public before whom the affidavit was sworn.

IATSE Local 101
IATSE Local 101

Section 6

TO WHOM PREFERRED AND WHEN

Charges shall be filed with the Secretary of the Local within sixty (60) calendar days after the offense becomes known to the person making the charge. If the Secretary of the Local is charged, the charges may be filed with any other officer of the Local, not undercharges.

Section 6a

CHARGES AGAINST A LOCAL OFFICER

Charges shall be filed with the Secretary of the local union of which the accused officer is a member. If cognizance is taken of the charges, the Executive Board of the Local may, if it deems it necessary or advisable, temporarily suspend the accused from office and, in that event, a further payment of salary to such officer shall be withheld pending the outcome of the trial.

If the accused was temporarily suspended from office pending the outcome of the trial, and he is not found guilty after the trial, he shall be immediately reinstated to the office with payment for the period he was under suspension.

Whenever an officer of a local union as against whom charges are preferred is temporarily suspended from office, such officer shall be entitled to a trial no later than thirty days after the date of his suspension. In the absence of extenuating circumstances, failure of the local union to comply with the foregoing requirement shall result in dismissal of the charges by the International President.

Section 7

WITHDRAWAL OF CHARGES

After charges have been filed with the Secretary they shall not be withdrawn unless the member accused shall consent to the withdrawal.

Section 8

PUBLICATION OF CHARGES

After the Executive Board has taken cognizance of charges, they shall be read at the next regular meeting by the presiding officer. No debate or discussion shall be permitted, but the presiding officer shall request those having personal knowledge of any of the facts alleged in the charge to submit their names as witnesses to the Secretary of the meeting. The presiding officer shall refer the chargers to the Executive Board for trial.

Section 9

WAIVER OF TRIAL

If charges are required by Section 3 hereof have been filed, the accused may plead guilty and waive the holding of the trial provided he does so in written notarized and witnessed statement and has been advised in writing as to the range of penalties that may be imposed upon him by reason of such plea. If the accused wishes to plead guilty with an explanation, such explanation shall also be in written form. An accused who pleads guilty to charges shall be deemed to have waived his right on any appeal to raise any question concerning his guilt or innocence and his appeal in that event shall be limited to the question of the appropriateness of the penalty or penalties imposed upon him. No stenographic transcript or tape recording shall be required if a plea of guilty is entered in accordance herewith.

Section 9a

NOTICE

Within one week after reference of the charges, the Executive Board shall cause to be served upon the accused personally, by registered mail to his last known address, a duplicate copy of the charges, and shall notify him of the time and place appointed for the hearing thereon.

Provided, that such notice shall be served upon or sent to the accused at least 15 calendar days prior to the date appointed for the hearing.

Section 10

POSTPONEMENTS

Should the accused be unable for a proper cause to attend the hearing at the time and place designated, he shall, at the discretion of the Executive Board, and upon application, be granted a postponement or continuance to someplace and date agreed upon.

Section 11

APPEARANCE FOR TRIAL

If the accused so desired, he may waive the right of appearing before the Executive Board for hearing upon the charges preferred against him or may designate a fellow member as counsel to appear for him and conduct his defense. Provided, that waiver of appearance shall not be prejudicial to the accused, and the trial shall if he fails to appear, proceed in his absence, the Board hearing all evidence and basing its decisions as to the guilt of the accused solely thereon.

Section 12

TRIAL BODY

The Executive Board shall sit as a trial body to hear all the evidence upon the charges, and to determine the guilt or innocence of the accused, and if found guilty, to make recommendations as to the penalty to be imposed.

Section 13

CHALLENGES

The accused shall have the privilege of challenging the right of any member of the Board to sit upon his case, and in the event of such challenge, the other members of the Board shall pass upon its validity, sustaining it or overruling it.

Section 14

TRIAL IN OPEN MEETING

Where the accused shall be aggrieved by the ruling of the Board upon his challenge of an individual member or members or shall challenge the entire Board for cause, he shall have the election to proceed before the Board, waiving his challenge, or to demand a trial before the members of the Local in an open meeting. Provided, that if he elects to be tried in the last-named manner the hearing shall be conducted in the manner set forth for trials before the Board.

Section 15

HEARING

The accused shall, at the hearing upon the charges, have the right to present his defense in full, and confront and question all witnesses, and examine all of the evidence of the case.

Section 16

MEMBER COUNSEL

The accused shall have the right to be represented by a member of this Local, in good standing, to act as their counsel.

Section 17

WITNESSES SWORN

Whenever the accused or the Executive Board so request, the testimony of any witness must be taken under oath, to be administered by the Chairman of the Board.

Section 18

DEPOSITIONS

If a witness is unable to attend the trial, a written deposition of his testimony shall be taken in the form of an affidavit, and such portions of it as are not denied by the accused shall be admitted as evidence.

Section 19

TRANSCRIPT

A written verbatim transcript off all testimony adduced at the hearing shall be made. The Executive Board may elect to tape-record the proceedings and in that event, the tape must be fully and accurately transcribed in the typewritten form in case of an appeal to the International President.

Section 20

REPORT OF FINDINGS

The Executive Board shall, after hearing all the evidence, render a written report of its findings as to the guilt or innocence of the accused and, if the accused be found guilty, the penalty to be imposed. A copy thereof shall be filed with the Secretary of the Local and a copy shall be served either personally or by certified mail on the accused within five working days. A copy of the transcript of the evidence and proceedings at the hearing shall be available for examination by the accused or his member counsel at the offices of the Local or, if so requested by the accused in writing, a copy thereof shall be furnished to the accused at his or her own expense.

Immediately upon receipt of the transcript, the Local shall notify the accused in writing of its availability.

Section 21

ACTION BY MEMBERSHIP OF LOCAL UNION

At the next membership meeting of the Local but in no event sooner than 20 days from the date on which the accused has been notified of the availability of the transcript the report of the Executive Board shall be submitted to the membership for appropriate action as hereinafter provided. The transcript of the hearing shall not be read except upon motion duly seconded and carried by a majority vote of the members present or if so requested by the accused or in any case under the circumstances referred to in Section 23 hereof.

Section 22

ACQUITTAL OR CONVICTION

After submission of the report, the accused, if aggrieved by the decision of the Executive Board, shall be afforded an opportunity to speak either in favor of or against such a decision. Upon completion of the debate, the membership shall proceed to vote upon the findings of the Executive Board as to the guilt or innocence of the accused. If a majority of the members present so vote, the findings of the Executive Board shall be adopted. If the findings are not accepted the transcript shall be read unless this has been done heretofore, and the question shall be put whether the accused shall be granted a trial by the membership or whether the membership shall proceed to ballot upon the guilt of the accused. If a majority of the members present vote for the latter procedure, a ballot shall be taken on the guilt of the accused, and if two-thirds of the members present shall vote contrary to the findings of the Executive Board, the findings shall stand reversed, otherwise the findings shall stand upheld.

Section 23

IMPOSITION OF PENALTIES

If the accused be found guilty of an offense for which no specific penalty is fixed by the Constitution or By-Laws, the membership shall then proceed to ballot upon the decision of the Executive Board as to the penalty to be imposed. If a majority of the members present so vote, the penalty fixed by the Executive Board shall be adopted. If a majority of the members present reject the penalty decided upon by the Executive Board, the membership shall then proceed to ballot upon the penalty to be imposed, the members voting to expel, suspend, fine, and/or reprimand.

When membership voting on the report of the Executive Board is completed, available remedies within the Local shall be deemed exhausted.

Section 24

WHERE TRIAL WAS BEFORE LOCAL

Where the accused is tried before the Local as provided in Section 13, the guilt or innocence of the accused shall be determined by the majority vote of the members present and the penalty shall be imposed as prescribed in Section 23.

Section 25

SENTENCE REPORTED TO INTERNATIONAL PRESIDENT

A report of the sentence imposed upon an accused member shall be forwarded by the President of the Local to the International President of the Alliance for filing.

Section 26

APPEALS

Appeals may be taken from decisions upon the charges against members of this Alliance in the manner provided by Article XIII of this Constitution. Members shall exhaust all remedies by appeal within this Alliance and shall be bound by the decisions of its tribunals as to all their rights.

ARTICLE XIII

Appeals

IATSE Local 101

Section 1

RIGHT OF APPEAL

Any member aggrieved by the decision, rule, regulation, order or any other act or omission or mandate of an officer or the Executive Board of this Local may, after exhausting his remedies within the Local by appeal to the membership, appeal his case in the following order: (1) from the decision of the membership of the Local to the International President of this Alliance; (2) from the decision of the International President to the General Executive Board; (3) from the ruling of the General Executive Board to the Alliance in convention assembled and the latter body shall be the tribunal of ultimate judgment. However, in the interim rulings of any proper tribunal of this Local or the Alliance shall be enforced pending disposal of the appeal, unless a stay of the decision has, upon application, been granted. All appeals by a member to the membership of the Local must be heard within sixty (60) days of the date the appeal was filed or the member may appeal directly to the International President.

Section 2

TIME ALLOWED FOR FILING

Appeals shall be cognizable only if filed within thirty (30) days after the decision is appealed from. Appeals concerning nominations or elections must be made within fifteen (15) days.

Section 3

MUST BE IN WRITING

All appeals to the International must be in writing, setting forth those facts which the appellant shall consider entitle him to a reversal of the ruling and signed by the appellant.

Section 4

COPY OF APPEAL

When an appeal is taken to the International President from the decision of the Local, a copy of the appeal shall be filed with the Secretary of the Local. Within two weeks the Local shall forward to the International President all the records in the case. If the appeal involves a determination made after trial of charges against a member or officer, the records in the case shall include the sworn charges and the transcript of testimony or if a tape recording was made, the original unedited tape recording and a typewritten transcript thereof, the findings and sentence, and any additional matters of evidence on record. The correctness of the transcript or of the tape recording and stenographic transcript thereof and the record shall be certified by the Local under the appropriate seal. The Local shall also answer to the appeal, setting forth reasons in support of its decisions, and serve a copy of the answer on the appellant.

IATSE Local 101
IATSE Local 101

Section 5

DECISIONS CONCLUSIVE

The members of the Local shall submit all their rights within the Local and the Alliance first to the determination of their proper tribunals.

Section 6

EXHAUSTING INTERNAL REMEDIES

The members further consent to be disciplined in a manner provided by this Constitution and ByLaws, and under no circumstances to resort to outside tribunals until all the remedies therein provided shall have been exhausted.

ARTICLE XIV

Permanency

This Local shall not dissolve itself while there are seven (7) dissenting Members, nor shall this article of the Constitution be subjected to any alteration or amendment whatsoever. (Any local chartered after September 1, 1978, shall not dissolve itself while there are fifteen (15) dissenting members.)

ARTICLE XV

Altering or Amending the Constitution

Alterations or amendments to this Constitution shall be made in writing and have three readings at three consecutive regular meetings, at the last of which same must receive the favorable vote of at least two-thirds of the members present. No such alteration or amendment shall, however, be effective until it is endorsed by the International President.

ARTICLE XVI

Section 6a

Charges Against a Local Officer

Charges shall be filed with the Secretary of the local union of which the accused officer is a member. If cognizance is taken of the charges, the Executive Board of the Local may, if it deems it necessary or advisable, temporarily suspend the accused from office and, in that event, further .payment of salary to such officer be withheld pending the outcome of the trial.

If the accused was temporarily suspended from office pending the outcome of the trial, and he is not found guilty after the trial, he shall be immediately reinstated to the office with payment for the period he was under suspension.

Whenever an officer of a local union as against whom charges are preferred is temporarily suspended from office, such officer shall be entitled to a trial no later than thirty days after the date of his suspension. In the absence of extenuating circumstances, failure of the local union to comply with the foregoing requirement shall result in dismissal of the charges by the International President.

IATSE Local 101

RULES OF ORDER

Order of Business

  • 1 Call to order: the regular meeting of local 101 of the international

Alliance of theatrical stage employees and moving picture machine operators of the United States and Canada will now come to order.

  • 1 Proposal for membership
  • 2 Balloting for members
  • 3 Initiation of new members
  • 4 Collection of dues, fines, and assessments
  • 5 Reading of minutes
  • 6 Reading of communications
  • 7 Financial secretary's report
  • 8 Treasurer's report
  • 9 Secretary's report
  • 10 Report of delegates to central labor union
  • 11 Special committees report
  • 12 Trustee's report
  • 13 Steward's report
  • 14 Business agent's report
  • 15 Miscellaneous reports
  • 16 Unfinished business
  • 17 New business
  • 18 Remarks for the good of the order
  • 19 Receipts and expenditures
  • 20 Roll call of members
  • 21 Next meeting
  • 22 Adjournment

 BY-LAWS

Section 1

DISHONESTY OR DRUNKENNESS

Any member dismissed from his position for dishonesty or drunkenness, upon being found guilty thereof, shall be fined no less than $25.00.

Section 2

MEMBERS OF COMMITTEES

Any member of a committee who shall refuse or neglect to perform his duty shall be removed by the Chairman.

Section 3

SUMMONS

Any member who is summoned to appear at a meeting of the membership, the Executive Board, or a legally appointed committee of the Local and fails to appear, after receiving due notice of same, shall be penalized to such an extent as the Local may see fit, after a fair trial.

Section 4

ADDRESS OF MEMBERS

Any member, on changing his residence, shall notify the Secretary immediately. Any notice sent to the last address as shown on the books of this Local shall be deemed legal and sufficient notice.

Section 5

DONATION OF SERVICES

No member shall be permitted to donate his services gratis except by permission of the Business Representative under penalty of a fine.

Section 6

MEMBERS DOUBLING UP

Members desiring to double up or work two shifts on any job or jobs under the jurisdiction of the Local must obtain the consent of the Business Representative or be subject to charges.

Section 7

CONDUCT UNBECOMING A MEMBER

Conduct unbecoming a member or that which is contrary to trade unionism, or that which would bring discredit to this Local or the Alliance, shall be an offense against this Local, and upon being found guilty thereof after trial, the offending member shall be liable to such penalty as the Local may see fit.

Section 8

LEAVING POSITION

Any member leaving a position must notify this Local and his employer at least two weeks in advance.

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Section 9

ALTERATION OF BY-LAWS

No portion of these laws may be suspended but may be amended or altered by a resolution approved by a majority of the members present at a regular or special meeting after the members have been properly notified. All changes must be approved by the International President.

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This constitution and by-laws revised and printed Endorsed by international alliance of theatrical stage employees and moving Picture machine operators of the United States and Canada On the date of June 19, 2019.

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STANDING RULES

  • 1 No business shall be taken up except in the order prescribed unless on motion, such irregularities shall be sanctioned by a majority of the members present
  • 1 No motion shall be received or laid before this Union unless moved by two members, nor open for discussion until stated by the presiding officer. When a question is before the Union no other motions shall be in order, except, first to adjourn; second, to lay on the table; third, the previous question; fourth, to postpone; fifth, the refer; sixth, to amend; which motions shall take precedence in the order in which they are arranged. The first three shall be decided without debate unless it is proposed to postpone to a definite period, in which case it shall be debatable.
IATSE Local 101
  • 1 Resolutions, amendments to the Constitution and By-Laws, and charges against officers and members must in all cases be presented in writing, otherwise, they shall not be considered.
  • 2 The mover of any verbal proposition shall, upon the request of the chair, or two or more members, reduce it to writing.
  • 3 Any member entitled to a vote may move for a division of the question when the sense of the same will admit it.
  • 4 A motion to reconsider any former motion or vote shall only be made and seconded by members who voted in the majority.
  • 5 When the reading of any paper is called for and objected to, the question shall be decided by vote.
  • 6 A division of this Union shall be taken on any question and recorded at the request of five members.
  • 7 When members speak they shall rise and address the presiding officer, confining themselves strictly to the merits of the question under consideration. A member shall not be interrupted while speaking, unless by the presiding officer, who may call to order, or admonish to a closer adherence to the subject, and to avoid all personalities. Nor shall a member be allowed to speak more than twice on the same subject without the permission of the presiding officer. When two or more members rise at once the presiding officer shall decide who shall speak first.
  • 8 On the call of five members for the previous question the President shall put it in this form: "Shall the question be now put?" and until this is decided it shall preclude all amendments to the main question and further debate shall cease.
  • 9 The officer or member presiding in the absence of the President shall, for the time, possess all the powers and privileges vested in the President by the Constitution and ByLaws of this Union.
  • 10 No subject of a religious nature shall at any time be admitted.
  • 11 No person who is not a member shall be allowed at any of the meetings without the consent of this Union.
  • 12 In the absence of a standing rule to apply to questions before the Union, recourse shall be had to Roberts Rules of Order.
  • 13 Questions of order should be decided by the presiding officer; but in case of an appeal from his decision, the meeting shall determine without debate.
  • 14 Refreshments, other than cold water, shall not be allowed in headquarters of this Union while the meeting is in session.