Local 501 Strikes Back

[AAquila]

On November 13, 2002 American Airlines submitted a pre-motion letter to the judge handling our complaint in regards to the Kasher Award. Here is a brief outline on this pending case.
On November 13, 2002 council for American Airlines submitted a pre-motion letter to the judge outlining the basis for a proposed motion to dismiss this case on the grounds that only TWU International can act for TWU represented employees concerning the merger. On November 18, 2002 counsel for American Airlines and this office participated in a phone conference with the judge and the judge set a schedule for this motion to be filed next month, which will be opposed by this office, and a decision from the judge is likely early next year.
Our position is firm and we believe that we have strong merit to our complaint. We will do everything possible to see this through to a favorable decision for the members of Local 501.
We will keep our members informed of the latest details of this case.
Albert Gil
The above message appears on local 501 bulletin boards.

 

[Buck]

[P]You had better read the TWU International Constitution. You pay your dues to this organization and must as a local abide by it, the constitution and its by-laws.[/P][FONT face=Arial-BoldMT size=3]
[P align=left]ARTICLE V.[/P]
[P align=left]Powers and Duties of the International President[/P][/FONT][FONT face=TimesNewRomanPSMT size=3]
[P align=left]SECTION 1. The International President shall be the chief Executive Officer of the[/P]
[P align=left]International Union. He/she shall enforce the Constitution and be responsible for the proper and[/P]
[P align=left]effective direction of the affairs and business of the International Union and shall have the full power[/P]
[P align=left]necessary therefore subject to review by the International Executive Council. He/she shall interpret[/P]
[P align=left]the meaning and application of the provisions of this Constitution. Any such interpretation or[/P]
[P align=left]application may be appealed by any member or by any Local Union adversely affected to the[/P]
[P align=left]International Executive Council, and thereafter, to the Convention. Unless and until any such[/P]
[P align=left]interpretation or application of this Constitution, heretofore or hereafter made by the International[/P]
[P align=left]President, is changed by the Council or by the Convention, the interpretation and application made[/P]
[P align=left]by him/her shall be deemed true and proper and shall be given full force and effect. He/she shall have[/P]
[P align=left]the authority to appoint, direct, suspend or remove such organizers and representatives as he/she may[/P]
[P align=left]deem necessary, and fix their compensation, subject to review by the International Executive Council.[/P]
[P align=left]SECTION 2. He/she shall attend and preside at all International Conventions and at all[/P]
[P align=left]sessions of the International Executive Council and of the International Executive Board. He/she[/P]
[P align=left]shall call special meetings of the International Executive Board whenever he/she deems necessary or[/P]
[P align=left]when requested in writing by a majority of the members of the Council or of the Board, respectively.[/P]
[P align=left]SECTION 3. He/she shall have the power, either in person or by a designated[/P]
[P align=left]representative, to inquire into, examine and inspect all books and records of the International Union,[/P]
[P align=left]of its Local Unions, and of any division, department or other body within the International Union,[/P]
[P align=left]including but not limited to the books and records of welfare funds, defense funds, building funds,[/P]
[P align=left]emergency funds, educational funds, mutual benefit funds, political action funds, welfare trusts, credit[/P]
[P align=left]union funds, and all other funds of any sort whatsoever, in the negotiation, control, collection or[/P]
[P align=left]expenditure of which the International Union, or any Local Union, or group of Local Unions or any[/P]
[P align=left]branch or section of a Local Union, participates in any way, or in which any officer or member of the[/P]
[P align=left]Union has any interest or power of decision by virtue of his/her office or his/her membership. The[/P]
[P align=left]fact that such funds may be held in the name of a corporation shall not limit or restrict this power.[/P]
[P align=left]SECTION 4. In the event the International President shall have reason to believe that any[/P]
[P align=left]Local Union is failing to comply with any provision of the Constitution or conducts its affairs in a[/P]
[P align=left]manner which is detrimental to the interests of the Union, he/she may institute proceedings against[/P]
[P align=left]the Local Union, with due notice of hearing in writing delivered to the Local President and to the[/P]
[P align=left]Local Financial Secretary-Treasurer, specifying the section or sections of the Constitution violated or[/P]
[P align=left]the nature of the conduct, before the International Executive Council, or a subcommittee thereof,[/P]
[P align=left]designated either by the Council or by the International Administrative Committee. Upon the basis[/P]
[P align=left]of the hearing the International Executive Council is authorized to render a decision, dismissing the[/P]
[P align=left]charges, suspending or revoking the charter of any such Local Union, or directing such other action as[/P]
[P align=left]may be necessary to secure compliance with the Constitution, or otherwise to protect and preserve[/P]
[P align=left]the effectiveness and the best interests of the Union. The decision of the International Executive[/P]
[P align=left]Council shall be subject to review by the International Convention.[/P]
[P align=left]SECTION 5. In the event the International President shall have reason to believe that any[/P]
[P align=left]officer or member is failing to comply with any provision of the Constitution, or conducts[/P]
[P align=left]himself/herself in a manner which is detrimental to the best interest of the Union, or otherwise[/P]
[P align=left]engages in conduct unbecoming a member of the Union, he/she may institute proceedings against[/P]
[P align=left]him/her with due notice of hearing, specifying the section or sections of the Constitution violated or[/P]
[P align=left]the nature of the conduct, before the International Executive Council, or a sub-committee thereof[/P]
[P align=left]designated either by the Council or by the International Administrative Committee. Upon the basis[/P]
[P align=left]of the hearing, the International Executive Council is authorized to render a decision, dismissing the[/P]
[P align=left]charges, suspending, expelling or otherwise penalizing such officer or member, or directing such other[/P]
[P align=left]action as may be necessary to secure compliance with the Constitution or otherwise to protect and[/P]
[P align=left]preserve the effectiveness and best interests of the Union. The decision of the International[/P]
[P align=left]Executive Council shall be subject to review by the International Convention.[/P]
[P align=left]SECTION 6. Where the International President invokes the provisions of Section 4 or 5 of[/P]
[P align=left]this Article, the President may, if in his/her judgment the circumstances warrant it, suspend any[/P]
[P align=left]officer pending the decision of the International Executive Council, provided that prior to, or[/P]
[P align=left]simultaneously with the notice of suspension, he/she serve a copy of the charges upon which the[/P]
[P align=left]suspension is based on the suspended officer and provided further that the International Executive[/P]
[P align=left]Council or a subcommittee thereof designated by the Council or by the International Administrative[/P]
[P align=left]Committee holds a hearing on the charges within twenty (20) days from the date of the suspension.[/P]
[P align=left]SECTION 7. The International President shall make full report of the Administration of[/P]
[P align=left]his/her office and the affairs of the International Union to the International Convention. He/she[/P]
[P align=left]shall be ex officio delegate to all conventions of organizations to which the International Union may[/P]
[P align=left]be affiliated.[/P]
[P align=left]SECTION 8. The International President shall have the power to appoint from among the[/P]
[P align=left]International Vice Presidents an Administrative Assistant and to delegate to him/her such duties and[/P]
[P align=left]powers as the International President may determine; and he/she shall have the power to appoint a[/P]
[P align=left]Director of COPE and define his/her duties.[/P]
[P align=left]SECTION 9[/FONT][FONT face=TimesNewRomanPSMT size=1]. [/FONT][FONT face=TimesNewRomanPSMT size=3]Should the International President find himself/herself unable by reason of[/P]
[P align=left]health to perform the duties of his/her office, he/she may so certify, whereupon the duties and powers[/P]
[P align=left]of his/her office shall attach to the International Executive Vice President until such time as the[/P]
[P align=left]International President certifies his/her return to duty.[/P]
[P align=left]SECTION 10. The International President shall perform all such other duties as pertain to[/P]
[P align=left]his/her office. He/she shall receive Seventy-Two Thousand Five Hundred Dollars ($72,500) per[/P]
[P align=left]annum, payable weekly in equal amounts, and when performing duties away from the International[/P]
[P align=left]Office he/she shall receive his/her expenses, which shall be subject to the approval of the[/P]
[P align=left]International Executive Council.[/P]
[P align=left]The salary of the International President shall be adjusted as of the first day of January 1983[/P]
[P align=left]and on the first day of each January by the weighted average percentage increase in wages or salaries[/P]
[P align=left]received by the Union membership during the fiscal year ending on the preceding August 31st in[/P]
[P align=left]bargaining units of Five Hundred (500) or more.[BR][BR][FONT face=Arial-BoldMT size=3][/P]
[P align=left]ARTICLE VIII.[/P]
[P align=left]Duties and Powers of the International Executive Council[/P][/FONT][FONT face=TimesNewRomanPSMT size=3]
[P align=left]SECTION 1. The International Executive Council shall meet not less than four times a year[/P]
[P align=left]at the call of the International President. The International President shall call a meeting of the[/P]
[P align=left]International Executive Council within thirty (30) days of the receipt by him/her of a written request[/P]
[P align=left]for such meeting signed by a majority of the members of the International Executive Council.[/P]
[P align=left]SECTION 2[/FONT][FONT face=TimesNewRomanPSMT size=1]. [/FONT][FONT face=TimesNewRomanPSMT size=3]When in session, except during an International Convention, the International[/P]
[P align=left]Executive Council shall be the supreme authority in the International Union.[/P]
[P align=left]SECTION 3. The International Executive Council shall have the power to remove any of[/P]
[P align=left]the officers enumerated in Section 1 of ARTICLE IV who, after due trial upon written charges, of[/P]
[P align=left]which a copy shall be given to the accused at least fifteen (15) days before trial, is found guilty of[/P]
[P align=left]dishonesty, malfeasance or maladministration, and removal is approved in a referendum by a majority[/P]
[P align=left]of the members of the International Union. Any officer so removed shall be ineligible to hold any[/P]
[P align=left]office or appointive position in the International Union or in any Local for a period of three years.[/P]
[P align=left]SECTION 4. The International Executive Council shall have the power to fill a vacancy in[/P]
[P align=left]the office of International Executive Vice-President by appointing one (1) of the International Vice[/P]
[P align=left]Presidents to be the International Executive Vice President to serve until the next regular[/P]
[P align=left]Convention. The International Executive Council shall have the power to fill a vacancy in any[/P]
[P align=left]International office or position on the International Executive Council, other than the office of[/P]
[P align=left]International Executive Vice-President, by appointing from among its members, an acting holder of[/P]
[P align=left]the vacant office to hold such office until the next regular Convention. An appointment made[/P]
[P align=left]pursuant to this section shall carry with it all the rights, powers, duties and obligations of the office[/P]
[P align=left]and such salary and expenses as pertain thereto.[/P]
[P align=left]SECTION 5. A quorum of the International Executive Council shall be a majority of the[/P]
[P align=left]members. Questions coming before the Executive Council shall be decided by a majority vote of its[/P]
[P align=left]members present at a quorum, except as otherwise provided in this Constitution. Any member may[/P]
[P align=left]demand a roll-call vote on any question.[/P]
[P align=left]SECTION 6. The International Executive Council shall maintain in effect an actuarially[/P]
[P align=left]sound pension plan, paid for in full by the International Union, covering the officers and such fulltime[/P]
[P align=left]representatives of the International Union and such other full-time employees of the[/P]
[P align=left]International Union as the International Executive Council shall decide to cover as a group. Any[/P]
[P align=left]member holding an elective position who retires on pension pursuant to such plan, or who elects to[/P]
[P align=left]take severance benefits under such plan, shall be deemed to have vacated his/her position.[/P]
[P align=left]SECTION 7. The International Executive Council shall consider the adoption of an[/P]
[P align=left]actuarially sound benefit system as a right of membership and may institute same subject to such[/P]
[P align=left]changes as any Convention may make therein.[/P]
[P align=left]SECTION 8. (a) Should the number of good standing members in any Local Union[/P]
[P align=left]become reduced to the point that, in the opinion of the International Executive Council, the Local[/P]
[P align=left]can no longer properly perform its functions, the International Executive Council may revoke the[/P]
[P align=left]charter of such Local, or require it to merge with another Local, or take such other action as it deems[/P]
[P align=left]advisable.[/P]
[P align=left](B) Where, in the judgment of the International Administrative Committee, merger with[/P]
[P align=left]another Local is impractical, it may with the approval in writing of a majority of the individual[/P]
[P align=left]members of the International Executive Council suspend the charter of the Local and constitute its[/P]
[P align=left]members as a section of the International Union with a status similar to a section of a Local Union.[/P]
[P align=left]The section may be known, solely for purposes of identification, as an administrative Local with the[/P]
[P align=left]former Local number. Its members' dues and initiation fees shall be paid into and commingled with[/P]
[P align=left]the funds of the International Union. The cost and expense of maintaining an administrative Local[/P]
[P align=left]shall be borne by the International Union. An International representative shall be assigned to be[/P]
[P align=left]responsible for the business of an administrative Local, including collective bargaining and grievance[/P]
[P align=left]handling, assisted by a chairman and a recording secretary elected by its members. The International[/P]
[P align=left]Executive Council may, at any time, either reinstate an administrative Local to its previous status as a[/P]
[P align=left]Local Union or transfer its members into another Local, or take such other action as it deems[/P]
[P align=left]advisable. A newly organized group may, under similar circumstances be constituted as an[/P]
[P align=left]administrative Local.[/P]
[P align=left]SECTION 9. Any Local Union which is dishonest, or culpably negligent or wasteful in its[/P]
[P align=left]supervision, collection, expenditure, or control of any assets or funds shall be subject to the[/P]
[P align=left]revocation of its charter or to such other action by the International Executive Council as the[/P]
[P align=left]Council deems adequate and appropriate under the circumstances. Such conduct on the part of a Local[/P]
[P align=left]Union is also subject to proceedings instituted by the International President pursuant to SECTION 4[/P]
[P align=left]of ARTICLE V.[/P][/FONT][FONT face=Arial-BoldMT size=3]
[P align=left]ARTICLE IX.[/P]
[P align=left]Duties and Powers of the International Administrative Committee[/P][/FONT][FONT face=TimesNewRomanPSMT size=3]
[P align=left]SECTION 1. The International Administrative Committee shall assist the International[/P]
[P align=left]President in carrying out the duties and responsibilities of his/her office and shall perform such other[/P]
[P align=left]duties as may be imposed upon it by this Constitution.[/P]
[P align=left]SECTION 2. It shall be entrusted with the specific responsibility of determining efficient[/P]
[P align=left]and effective practices and procedures for the proper policing, safeguarding and administration of all[/P]
[P align=left]assets and funds of the International Union, of all Local Unions, and of any and all other bodies[/P]
[P align=left]within or subject to the control of the International Union, or of any Local Union or of any group of[/P]
[P align=left]Local Unions. It shall prescribe proper and efficient methods of bookkeeping, receipt, disbursements,[/P]
[P align=left]accounting and auditing of all such funds and assets. It shall prescribe rules, regulations and procedures[/P]
[P align=left]for the administration and policing of all welfare funds, building funds, emergency funds, mutual[/P]
[P align=left]benefit funds, and all other funds of any sort whatsoever, in the negotiation, control, collection, or[/P]
[P align=left]expenditures of which the International Union, or any Local Union or group of Local Unions,[/P]
[P align=left]participates in any way, or in which any officer or member of the Union has any voice or power of[/P]
[P align=left]decision by virtue of his/her office or his/her membership.[/P]
[P align=left]SECTION 3. It shall cause the books of the International Secretary-Treasurer to be audited[/P]
[P align=left]by a Certified Public Accountant semi-annually, and shall transmit a copy of the audit to all Local[/P]
[P align=left]Unions on the completion thereof.[/P]
[P align=left]SECTION 4. Such real property as the International Administrative Committee may[/P]
[P align=left]consider necessary or convenient for the conduct of the business of the Union may be acquired, held,[/P]
[P align=left]leased, mortgaged, or disposed of by action of the Committee and title to such property may be taken[/P]
[P align=left]and held in the names of the International President and International Secretary-Treasurer as Trustees[/P]
[P align=left]for the International Union, or may be taken and held in such other manner as the Committee may[/P]
[P align=left]determine, provided that the interests of the Union are adequately protected.[/P]
[P align=left]SECTION 5. Whenever the President or the Financial Secretary-Treasurer of a Local Union[/P]
[P align=left]is not a full-time union official and is required by the nature of his/her employment to journey from[/P]
[P align=left]his/her home base, the International Administrative Committee shall have the power to authorize the[/P]
[P align=left]Executive Board of such Local to designate one of the members of the Executive Board as an[/P]
[P align=left]additional authorized signature on checks issued against the accounts of the Local Union, and,[/P]
[P align=left]provided such additional signatory is duly bonded, the signatures of any two, from among the[/P]
[P align=left]President, Financial Secretary-Treasurer and such additional authorized signatory, on such checks shall[/P]
[P align=left]meet the check signatory requirements of this Constitution.[/P]
[P align=left]SECTION 6. Any action or decision of the International Administrative Committee, and[/P]
[P align=left]any practice or procedure established or prescribed by the International Administrative Committee,[/P]
[P align=left]may be reversed or modified by the International Executive Committee or by the International[/P]
[P align=left]Convention.[/P][/FONT][FONT face=Arial-BoldMT size=3]
[P align=left]ARTICLE X.[/P]
[P align=left]International Executive Board[/P][/FONT][FONT face=TimesNewRomanPSMT size=3]
[P align=left]SECTION 1. The International Executive Board shall meet at least once a year, and at the[/P]
[P align=left]call of the International President. The International President shall be required to call a meeting of[/P]
[P align=left]the International Executive Board within thirty (30) days of receipt by him/her of a written request[/P]
[P align=left]for such meeting signed by a majority of the members of the International Executive Council.[/P]
[P align=left]SECTION 2. At each meeting of the International Executive Board each International[/P]
[P align=left]officer and International representative shall report to the Board on the performance of his/her duties[/P]
[P align=left]since the last prior meeting of the Board.[/P]
[P align=left]SECTION 3. It shall be the primary concern and function of the International Executive[/P]
[P align=left]Board to consider and adopt such program and policies as in its sound judgment are best designed to[/P]
[P align=left]promote the welfare of the Union and its members.[/P][/FONT][/FONT]