Bylaw Resolutions

Volume CV, No. 9September, 2005

The following bylaw resolutions have been submitted for the October membership meeting which will take place on Tuesday, Oct. 11 at 3 p.m. in the Local 802 Club Room.

Resolution #1

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) ($3,000) plus two hundred and fifty dollars (250) an amount equal to three hundred dollars ($300) per member eligible to ratify, with a cap of thirty thousand dollars ($30,000) 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 percent) six per cent (6 percent) of the total work dues generated by that bargaining unit over the prior three years or the period of the previous contract, whichever 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) shall be transferred from the General Fund shall deposit twenty-five thousand dollars (25,000) into the MLS Fund account.

Submitted by the Local 802 Executive Board

Resolution #2

Whereas: The Local’s Membership meetings are held in February, June and October of each year and,

Whereas: These Bylaws require that all resolutions proposed for a meeting must be published in the Journal no less than 30 days before the meeting date and,

Whereas: The present requirement that the date, place and time of each meeting be published 90 days before the scheduled date of each meeting is unreasonable and,

Whereas: This requirement has made it difficult to place important resolutions on meeting agendas in a timely manner,

Therefore be it resolved that Article VII, Section 4. (b), shall be amended as follows:

(b). The date, time and place of the each of these meetings shall be published in the official Journal of the Local no less than (ninety) thirty (90) 30 days prior to the scheduled date of each meeting. All bylaw resolutions to be proposed to a Membership Meeting must first be submitted to the Recording Vice President of the local and published in the official Journal at least thirty (30) days prior to the meeting.

Submitted by Jack Gale (G04456)

Resolution #3

Whereas: Certain disabilities can greatly reduce a musician’s ability to work in the music business and,

Whereas: Payment of full annual dues can be a hardship for those Local 802 members whose disabilities compromise their involvement in, and earnings from, musical employment,

Therefore be it resolved that Article III, Section 4, Paragraphs (a) and (d) be amended as follows:

(a) No member of the Local can attain or acquire Honor Membership status until he/she has been a member of the Local for thirty-five (35) consecutive years or more and has attained the age of at least sixty-five (65). However, a member who is officially determined to be disabled under the requirements of the U. S. Social Security Administration or the American Federation of Musicians and Employers Pension Fund shall be eligible for Honor Membership upon applying for that status after attaining the age of forty (40) and after twenty (20) or more consecutive years of membership in Local 802.

(b) & (c) Unchanged

(d) A member who applies for and receives Honor Membership except such member who has attained prior to his/her having attained age 70, or who joined, joins, or rejoins the Local subsequent to January 1, 1986, shall not be eligible for any death benefits, insurance rights or other pecuniary membership benefits. However, members who joined Local 802 before January 1, 1986, and who are granted Honor Membership due to disability shall remain eligible for these benefits.

Submitted by Louise Crowley (C07349)