Bylaw Resolutions

Volume 114, No. 1January, 2014

The following bylaw resolutions have been submitted for the Feb. 19 membership meeting.


WHEREAS, Local 802 bargaining units have requested that the amount of attorney’s fees available from the Members Legal Services Fund, (MLS Fund) Article III, Sections 10 (1) A 2, 10 (1) A 3 and 10 (2) be increased due to increased legal fees incurred by bargaining units seeking to retain outside counsel and,

WHEREAS, the attorney’s fees available from the MLS Fund has not been increased in several years and,

WHEREAS, an increase in the attorney’s fees payable through the MLS Fund is presently justified,


Section 10. Members Legal Services Fund.

1 A (2) The amount of the lawyer’s fee up to a base of three thousand dollars ($3,000.00) five thousand dollars ($5,000.00) plus an amount equal to three hundred and fifty dollars ($350.00) four hundred and twenty-five dollars ($425.00) per member eligible to ratify, with a cap of thirty thousand dollars ($30,000.00) fifty thousand dollars ($50,000.00) for the unit in any three (3) year period. However, in no case shall the amount provided by the MLS Fund for an outside negotiator exceed six percent (6%) 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.

1 A (3) In the event that a bargaining unit qualifies under paragraph (1) above and negotiates a collective bargaining agreement covering a period greater than 3 years, and incurs legal fees in excess of the amount calculated in paragraph (2) above, the Executive Board may grant additional legal service payments on behalf of that unit in the amount of (1/3) of the above calculated amount or $10,000 $15,000 whichever is less, per additional contract year up to a maximum of two (2) additional contract years, not to exceed the amount of the additional legal fees. 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.

2 During the first week of each January, thirty five thousand dollars ($35,000.00) forty thousand dollars ($40,000.00) shall be transferred from the General Fund to the MLS Fund Account.

The Executive Board has reported this resolution favorably.


Article III, Section 3

(b) Members suspended, or terminated for a period of less than six (6) months, for nonpayment of dues may be reinstated upon payment of all arrears, plus a late fine of $5.00 for each quarter of arrears, plus the current quarter’s dues. The Executive Board may delay the imposition of said late fine on suspended members by one calendar month in the event that a timely notice or reminder has not been sent by the local.

(e) (2) A member who resigns in good standing may be readmitted by the payment of a reinstatement fee of twenty-five dollars ($25.00) plus the current quarter’s dues.

(e) (3) A member who has resigned and been readmitted with said reduced reinstatement fee and then resigned again prior to having been a member in good standing for three consecutive years must reenter under the terms of Section 3(c) of this Article.

(e) (5) If a resigned member has performed professional musical services covered by a union contract within the jurisdiction of Local 802 during the period of resignation, his/her resignation in good standing and all rights and privileges pertaining thereto shall be revoked.

The Executive Board has reported this resolution favorably.


Article I, Section 5 (b)

(b). Every member of the Executive Board present, other than the President or, in his or her absence, the officer chairing the meeting, must vote yes or no on all matters before the Board unless having a direct or pecuniary interest therein. Should such member after being requested to vote, refuse to do so, his/her seat and office shall be deemed ended and vacated. All votes taken in the Executive Board, except on matters that are purely administrative in nature, shall be recorded, and shall be published in the official Journal for the information of the members of Local 802 as part of the minutes of the Executive Board. Any matter under reconsideration by the Executive Board shall require a two-thirds vote of the entire Board to affect or alter a previous decision. No ruling or disposition of any matter by the Executive Board shall be changed or modified by or at any membership meeting except with the affirmative action of two-thirds of the members voting at such meeting.

The Executive Board has reported this resolution favorably.


Article 1, Section 5 (n)

(n) The Executive Board shall not make any donation in excess of five hundred dollars ($500.00) to any organization or individual within any calendar year without the approval of the membership at a membership meeting by a two-thirds (2/3) vote of the members present. However, in the event that a request for a sum in excess of five hundred dollars ($500.00) is announced in the official Journal for recommended action at the next regular or special meeting and a quorum not being present at said meeting, then the Executive Board shall have the power to investigate the request and make such disposition of the request as the majority of the Board shall decide. However, in the event of an emergency or catastrophe the above shall not be applicable. The foregoing donation cap shall not apply to contributions authorized by the Executive Board to bona fide not-for-profit organizations such as the Council for Living Music, the stated purpose of which is the preservation and advancement of live music, provided that such contributions are intended, and used, for the promotion of these purposes. This paragraph does not apply to TEMPO funds, moneys of which are donated specifically to TEMPO for political purposes and are not part of Local 802’s general fund.

The Executive Board has reported this resolution favorably.