Bylaw Resolution

For the October 2005 Membership Meeting

Volume CV, No. 7/8July, 2005

Whereas: Benefits under the Members Legal Services Fund should more closely reflect the actual cost for contract negotiations and,

Whereas: Recent revisions have increased the cap on benefits for eligible bargaining units and

Whereas: the per member formula should be increased in proportion to the cap,

Therefore be it resolved that the three paragraphs under Article III,

Section 11 Part 1 of these bylaws be numbered A.(1), (2), and (3) and amended to read as follows:

A. (1) All bargaining units participating in Local 802 contract negotiations, who choose by majority vote to retain an outside lawyer for the purpose of negotiating negotiation or consulting consultation pertaining to a contract such negotiations and who give reasonable notice to the union of their intention to employ such legal counsel, shall be entitled to payment to the lawyer by the MLS Fund according to the following computation:

(2) The amount of the lawyer’s fee up to a base of one three thousand dollars ($1,000.00) ($3,000.00) plus two hundred and fifty dollars (250.00) an amount equal to three hundred dollars ($300.00) per member eligible to ratify, with a cap of thirty thousand dollars ($30,000.00) for the unit in any three (3) year period. However, in no case will shall the amount provided by the MLS Fund for an outside negotiator exceed ten percent (10%) six per cent (6%) of the total work dues generated by that bargaining unit over the prior three years or the period of the previous contract, which ever is less.

(3) In the event that a bargaining unit qualifies for the maximum benefit under paragraph (1) A. above and concludes negotiates a collective bargaining agreement covering a period greater than three (3) years, and incurs legal fees in excess of the above the mentioned maximum amount calculated in paragraph (2) above, the Executive Board may grant additional legal services payments on behalf of that unit in the amount of one third (1/3) of the above calculated amount or $10,000 whichever is less, per additional contract year up to a maximum of two (2) additional contract years (beyond three years), not to exceed up to the amount of the additional legal fees or a total of $20,000, whichever is less. At the discretion of the Executive Board, credit for such additional contract years may be calculated on the length of either the previous agreement or the new agreement, but any such additional years may be counted only once.

And be it further resolved that Article III, Section 11 Part 2 be amended to read:

1.Within thirty (30) days after the adoption of this bylaw, and thereafter .Dduring the first week of each January, thirty-five thousand dollars ($35,000.00) shall be transferred from the General Fund shall deposit twenty-five thousand dollars (25,000.00) into the MLS Fund account.

SUBMITTED BY: Local 802 Executive Board