Bylaw Proposals

Volume CIX, No. 9September, 2009

The following two resolutions have been submitted for the October membership meeting.

Resolution #1

Whereas Article I, Section 7(n) of Local 802’s bylaws for forty years provided that any donations and contributions to any organization in excess of $100 per year be permitted only after a resolution authorizing the same was presented to a vote of the members, and

Whereas, in 1989 this amount was raised to $250, which only partially compensated for the effects of inflation to that point, and

Whereas inflation has continued since that time further reducing the value of contributions which the local may need and wish to make, now, therefore,

BE IT RESOLVED that Article I, Section 7(n) be amended by increasing the maximum amount which the Executive Board is permitted to contribute or donate to any organization in any calendar year to $500.

Submitted by the Executive Board.

Resolution #2
The authors have titled this resolution: “Membership Equality, Representation and the Democratic Election Process”

Whereas: In certain fields where no job security exists the availability of a knowledgeable staff person provides some portions of the membership with representation without the risks associated with becoming a public face of the union, and,

Whereas: A bylaw was passed at the June 10, 2009 Local 802 membership meeting that would require any staff member who chooses to run for the local’s executive board and trial board to resign from employment if elected, and,

Whereas: Many members spoke in favor of the bylaw because of concerns about conflicts of interest apparently not knowing that the bylaws already address that concern by requiring that any board member recuse her/himself from any vote in which s/he has a pecuniary interest, and

Whereas: Another reason given in support of the bylaw was the assertion that staff had not been members of the Executive Board since the Arons administration, and,

Whereas: That information did not take into account the fact that within the past twenty-five years, in the administrations of John Glasel, Bill Moriarity and David Lennon, the following individuals were full-time staff members and/or supervisors who also served on the Executive Board and Trial Board: Tina Hafemeister, Marty Lambert, Bill Crow, Eric Kestler, Stan Koor and Jay Schaffner, and,

Whereas: In these staff positions these individuals gained an intimate knowledge of contracts, bargaining history and industry practice both past and current, and,

Whereas: There is no reason to believe that present and future staff members who have the full confidence of the membership could not provide the same level of institutional memory and experience that the individuals named above did, and,

Whereas: The election process provides ample opportunity for the membership to prevent people who cannot be entrusted with a leadership position from taking office,

Therefore be it resolved that the following paragraph be added to Article VI, Section 4 (Elections):

“Except for employers, contractors, orchestra managers and other management representatives, no member of this Local shall be denied any of their rights as union members including their right to run for and hold an elected position as officer of Local 802.” And that any bylaw provision that contravenes this right shall be amended to conform with the foregoing.

Submitted by: Lenny Pickett, Joseph Anderer, Fred Barton,
Bob Christianson, John Conte, Schuyler Deale, Tony Finno,
Irwin Fisch, Daire FitzGerald, Joe Franco, Teese Gohl,
Paul Jacobs, Sean Lyons, Tom Malone, Sammy Merendino,
Ricky Sortomme, W. Ross, David Weiss and Danny Wilensky.