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I NAME The name of this Local Union shall be PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 21, a local of the INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, AFL-CIO.

II JURISDICTION The jurisdiction of this Local Union shall include employees within the nine Bay Area counties and other areas of California as may be determined by the International Union.

III OBJECTIVES The objectives of this Local Union shall be to unite into one labor organization all workers eligible for membership, regardless of religion, race, creed, color, national origin, age, sex, sexual orientation, gender identity, marital status, physical or mental disability, or political affiliation or opinion, to secure improved working conditions, wages, hours, and other economic advantages for its members; and to deal with a broad spectrum of economic and social issues, as the Local Union members may determine from time to time.

IV MEMBERSHIP
A.
Any person employed, or qualified for employment as a professional, technical, administrative or managerial employee, and working or residing within the jurisdiction of this Local Union, is eligible for membership in this Local Union, unless such employment is covered by a contract or memorandum of agreement with another local union of the International Federation of Professional and Technical Engineers.
B. An applicant for membership shall submit a written application for membership on a form provided by the Local Union for this purpose, and shall tender one month's dues in cash or by written authorization of salary deduction.
C. Should there be any objection to an applicant, the application shall be referred to the Delegate Assembly whose duty it shall be to investigate the applicant and make recommendations to the Chapter. If there still is a question regarding an applicant s acceptance, it shall require a majority vote of the members present at the next chapter meeting to elect the applicant to membership.
D. Upon satisfaction of the requirements of sections A. through C. of this Article, the applicant shall assent to the following obligation: I, (candidate pronounces his name), do hereby sincerely pledge on my honor to uphold the ideals and principles of this Local Union, to abide by all its rules and decisions, and to never knowingly wrong a fellow member, or see her/him wronged, if in my power to prevent it, as long as I remain a member of this Local Union.
E. The Chapter President shall then declare the applicant accepted as a member.
F. It shall be the duty of every member to uphold the ideals and principles of this Local Union and abide by all its rules and decisions. No member shall slander or libel the Local or International Union, its members or its officers, or be a party to any activity to secure the disestablishment of the Local Union as a collective bargaining agent, or maliciously interfere with any business agent or officer in the performance of legitimate duties.
G. A member shall lose her/his good standing in the Local Union by suspension or expulsion from membership after appropriate proceedings in conformity with the International Constitution, or automatically by nonpayment of dues for a period of three (3) months.
H. A member shall be considered to have voluntarily withdrawn from member-ship upon his submittal of a withdrawal or transfer card.
I. Every member not described by subsections G. and H. above remains in good standing.
J. A member losing good standing because of failure to pay dues, if he or she has not been suspended or expelled from membership, may reinstate such good standing by the payment of all delinquent financial obligations.
K. In any case where the Local Union is required to give a former member an honorable withdrawal card under the terms of the International Constitution, it may provide for the continuance of Local Union benefits to such former member under conditions which it shall set forth.

V DUES
A.
The regular monthly dues of this organization shall be 0.963% of a member's wage, payable in advance or by payroll salary deduction.

VI ORGANIZATION
A.
The structure of this Local Union shall consist of Chapters. A Chapter shall consist of a representative unit or group of employees under the jurisdiction of this Local Union based on such criteria as the employer, bargaining unit, the job classification or the geographical unit or any other criteria that may be determined by the Delegate Assembly to create a Chapter.
B. The affairs of the Local Union shall be conducted through the authority invested in the Delegate Assembly and the Chapters and the general membership pursuant to these By-Laws. The Delegate Assembly is authorized and empowered to take all lawful action consistent with these By-Laws to act on behalf of the Local Union. The actions of the Delegate Assembly shall become effective immediately and shall be considered the action of the Local Union.
C. The actions of the Delegate Assembly shall be recorded in minutes and the minutes shall be transmitted to each Chapter and such minutes shall be made available to the members of each Chapter.
D. If any of the Chapters vote to disapprove any action of the Delegate Assembly then the subject matter of the disapproval shall be placed automatically on the next agenda of the Delegate Assembly, and such subject shall be taken up for reconsideration by the Delegate Assembly. In the event the Delegate Assembly reconsiders and rescinds or revises its prior action, the action up to the date of its reconsideration shall be considered as valid action of the Local Union. If the Delegate Assembly upon reconsideration, reaffirms its original action, the decision of the Delegate Assembly shall be final and a challenge of such final action by any functioning Chapter or by any member of the Local Union shall be under the provisions of the initiative and referendum procedures as set forth in Article XVIII of these By-Laws.

VII CHAPTERS
A.
Each Chapter shall be responsible for all activities of the Chapter in representing its members within its jurisdiction. Each Chapter shall have the authority to adopt policies and function within its jurisdiction. A Chapter may take any action in accordance with its own By-Laws in order to carry out the objectives of the Local Union.
B. A Chapter shall hold a meeting at least once a month.
C. In order to qualify as a Chapter, the Chapter must meet the following requirements: 1. Elect officers (by secret ballot). 2. Hold regular monthly meetings. 3. Make available the minutes of the Delegate Assembly of the Local Union. 4. File a copy of the minutes of the meetings of the Chapter with the Secretary of the Local Union. 5. Notify the Delegate Assembly of any dissenting action taken on the minutes or action of the Delegate Assembly of the Local Union. 6. Have certified by the Local Delegate Assembly the appropriate number of Delegate Assembly representatives to which it is entitled. Each Chapter may determine the method of electing the representatives to participate on the Delegate Assembly, provided, however, that such representatives must be elected by a secret ballot by the membership of the Chapter. Chapter officers shall act as delegates and alternates to the Delegate Assembly unless otherwise provided for by the Chapter, provided, however, that the President of the Chapter shall be required to serve as a delegate on behalf of the Chapter. Chapter officers shall serve terms of a minimum of one year and a maximum of two years. Chapters shall provide for nominations of Chapter officers in September and elections in November.
D. The Delegate Assembly shall establish the policy and procedures governing the admittance of Chapters and shall determine all questions of jurisdiction between Chapters.
E. A Chapter shall consist of a group of workers whose application for membership is approved by the Delegate Assembly.
F. Each Chapter shall adopt By-Laws consistent with these By-Laws.
G. No Chapter shall be bound by the action of another individual Chapter unless such action has been taken in accordance with the actions of the International or Local Union.

VIII THE DELEGATE ASSEMBLY
A.
The governing body of this Local Union shall be the Delegate Assembly and shall have the authority and duties as set forth in these By-Laws.
B. The Delegate Assembly shall consist of the elected officers and members representing Chapters. Each Chapter shall have one Delegate Assembly member and an additional member for each fifty (50) members or fraction thereof in excess of fifty (50) per capita paying members. Each Delegate Assembly member shall have one vote on the Delegate Assembly. Chapters may elect alternate Delegate Assembly members.
C. The proportioning, using the above formula, shall be done by the Officers and the Executive Director, the week prior to the opening of the nominations of Delegate Assembly members, based on the latest available per capita sheets and reported to each Chapter immediately.
D. The Delegate Assembly shall have a quorum when a majority of all Chapters are represented and a majority of officers as provided for in Article XII are represented.
E. The Delegate Assembly shall meet at the call of the President, provided, however, it shall meet at least two times per year.
F. In case of a vacancy on the Delegate Assembly, the respective Chapter shall designate a member in good standing in accordance with these By-Laws. In the case of an officer vacancy, the Local President shall appoint a member in good standing with the approval of the majority of the Delegate Assembly.
G. Among the duties of the Delegate Assembly are: 1. To adopt rules for the conduct of its meetings. 2. To transmit its minutes to each chapter. 3. To review the Local Union s financial statements. 4. To act as a review board in case of misconduct charges. 5. To adopt a budget setting forth anticipated income and expenditure for the fiscal period of July 1st - June 30th. 6. In accordance with Article XVII, to invest, expend, contribute, use and acquire Local Union funds and property in pursuit of the objectives set forth in the International Constitution and provided for in these By-Laws. 7. To provide for the employment, instruction, salaries, allowances, direct and indirect disbursements expenses and reimbursements of expenses for officers, agents and employees of the Local Union in accordance with Article XVII. 8. In accordance with Article XVII, to provide for direct and indirect loans for such purposes and with such security as it deems appropriate, all to the extent permitted by law. 9. In accordance with Article XVII, to provide for the engagement and payment of lawyers, accountants, office services, and such other special or expert services as may be required for the Local Union. 10.Resolve conflicts between Chapter By-Laws and Local By-Laws.

IX EMPLOYER/REGIONAL COUNCILS
A.
The Delegate Assembly may create Employer and/or Regional Councils to coordinate activities of Chapters that share a common employer and/or region. 1. Employer and/or Regional Councils shall be required to function in accordance with the same rules governing Chapters in Article VII. 2. Said Councils shall be chaired by respective Vice Presidents, i.e. a San Francisco Employer Council shall be chaired by the San Francisco Vice President. 3. Said Council shall be required to keep minutes of proceedings and transmit minutes to the Delegate Assembly.

X MEMBERSHIP MEETINGS
A.
The Delegate Assembly may schedule membership meetings on particular matters. It may also call membership meetings of members employed by the same employer and/or who are covered by the same collective bargaining agreement.
B. General Membership meetings may be called in lieu of regular Delegate Assembly meetings.
C. Special Membership meetings may be called pursuant to Article XVIII, INITIATIVE AND REFERENDUM.
D. The membership shall be notified in writing or by an official publication at least thirty (30) days prior to such meeting. The President in his/her judgment, may call such meeting with less notice.

XI EXECUTIVE COMMITTEE
A.
The Executive Committee shall consist of officers as provided for in Article XII. The Executive Committee is authorized to: 1. Act on behalf of the Local Union between Delegate Assembly meetings. 2. Make recommendations to the Delegate Assembly matters of concern or interest to the Local Union. 3. Make recommendations on Chapter creation and jurisdiction in accordance with Article VII D of these By-Laws. 4. Provide minutes of its meetings to the Delegate Assembly and to Chapters.

XII OFFICERS
A.
The officers of this Local Union shall be President, Executive Vice President, San Francisco Vice President, Out-of-San Francisco Vice President, Vice President for Membership and Organization, Vice President for Legislative and Political Action, At-Large Vice President, Secretary and Treasurer. Additional Vice President positions may be established by action of the Delegate Assembly. Such positions shall be for particular constituencies and must be elected from and by such constituencies.

B. President
1.
The President shall be the presiding officer of the Local Union and shall preside over all Delegate Assembly and General Membership meetings of the Local Union.
2. The President shall be one of the three persons authorized to countersign all orders on funds, financial contracts and agreements concerning the Local Union after such expenditure of funds, financial contracts and agreements have been approved by the Delegate Assembly or the Executive Director as provided for in these By-Laws.
3. The President shall have the authority to appoint any committee necessary to the functioning of the Local Union in consultation with the Delegate Assembly and shall be an ex-officio member of all committees.
4. The President shall have the authority to interpret these By-Laws subject to the approval of the Delegate Assembly.
5. The President shall have the authority to appoint three (3) Trustees from the membership and to terminate and replace a Trustee as deemed necessary. Trustees may be appointed from representatives of the Delegate Assembly. Local Union officers may not serve as Trustees.
6. The President shall appoint, from a list of candidates submitted by members of the appropriate Chapter, a member in good standing to fill a vacancy on the Delegate Assembly.
7. The President shall be responsible for taking such other action as, in her/his judgment, will advance the best interests of the Local Union and its members.

C. Executive Vice President
1.
The Executive Vice President shall assist the President in the operation of all of the affairs of the Local Union. 2. In the absence of the President or in the event of the President's inability to serve, the Executive Vice President shall assume the duties and office of the President. 3. In the event that the office of the President is vacant, the Executive Vice President shall assume that office for the remainder of that term.

D. San Francisco Vice President
1. The San Francisco Vice President shall coordinate the activities of the City and County of San Francisco-based chapters.

E. Out-of-San Francisco Vice President
1. The Out-of-San Francisco Vice President shall coordinate the activities of non-City and County of San Francisco-based chapters.

F. Vice President for Membership and Organization
1. The Vice President for Membership and Organization shall plan and assist in the Local Union s organizing programs.
2.
The Vice President for Membership and Organization shall provide periodic reports to the Delegate Assembly on membership gains and losses.

G. Vice President for Legislative and Political Action
1. The Vice President for Legislative and Political Action shall assist the President in establishing a standing Committee on Political Action and shall serve as the Chair of the Committee.
2. The Vice President for Legislative and Political Action shall monitor legislative and political matters affecting the Local Union's membership.
3. The Vice President for Legislative and Political Action shall plan and coordinate activities and events on legislative and political matters affecting the Local Union s membership.

H. At-Large Vice President
1.
The duties of the At-Large Vice President shall assist the Local Union s officers in their duties and provided for herein.

I. Secretary
1.
The Secretary shall keep a correct record of the proceedings of all Delegate Assembly meetings and Membership meetings of the Local Union.
2. The Secretary shall provide copies of the minutes of all Delegate Assembly meetings to the Chapter Presidents within fifteen (15) days after each Delegate Assembly meeting.

J. Treasurer
1.
The Treasurer shall be responsible for all membership records.
2.
The Treasurer shall be responsible for reviewing collection and disbursement of Local Union funds.
3. The Treasurer shall be responsible for deposits of all funds of the Local Union at banks designated by the Delegate Assembly in an ac-count or accounts in the name of the Local Union. The funds of any such account or accounts can be drawn out only by a check of the Local Union and all checks must be signed by two of the three persons authorized to withdraw funds in accordance with these By-Laws.
4. The Treasurer shall be one of the three persons authorized to sign checks withdrawing funds of the Local Union which shall include the payment of salaries and all bills and expenditures as directed by the Delegate Assembly.
5. In conjunction with the Executive Director on behalf of the Local Union, the Treasurer is responsible for the preparation and submission of all financial reports.
K. Junior Past President Upon leaving office the President, at his/her option, may serve as an at-large officer of the Local Union for one (1) term as a non-voting member.
L. Except as may be otherwise provided by these By-Laws no member shall serve in more than one (1) Local Union office simultaneously. This does not preclude such officer serving as a Chapter officer.

XIII TRUSTEES
The duties of the Trustees are:
A. To make certain that the President, Vice Presidents, Secretary, Treasurer and Executive Director are properly bonded as required by the International Constitution.
B. To make certain that banks are instructed to pay no money on account of the Local Union except by a check signed by two of the following persons: President, Treasurer and Executive Director.
C. To review and approve all Executive Director expenses.
D. To inspect the Local Union s financial records and certify the Treasurer s report of income and expense.
E. To submit quarterly reports of their inspections to the Delegate Assembly.

XIV DELEGATES
A.
International convention delegates shall be elected as specified by the International Constitution.
B. Standing delegates, such as Labor and Building Trades Councils, shall be appointed by the President.
C. It shall be the duty of all delegates to regularly attend meetings to which they are delegated, to act in the best interests of this Local Union, and to report anything affecting or of interest to it.
D. When a representative of the Local Union is engaged in activities in the interest of or for the benefit of the Local Union and its members, the Local Union may pay for the expenses incurred thereby, or reimburse the representative upon receipt of itemized vouchers from her/him or the supplier of such services.

XV NOMINATION, ELECTION AND INSTALLATION OF OFFICERS AND DELEGATE ASSEMBLY
A.
The term of office for the officers of the Local Union shall be two (2) years.
B. All officers shall be elected by means of a secret mail ballot conducted among all members in good standing and by majority vote of those responding. The ballot shall be mailed to the address recorded in the Local Union office as the last known recorded address of the member.
C. Officers may be removed for cause pursuant to procedures outlined in the International Constitution.
D. Election Procedures Elections for officers shall be conducted by the Election Committee which shall consist of three (3) members who may not be candidates for office in the election. They shall be appointed by the President. The Election Committee shall adopt all rules and regulations necessary to comply with the law and to assure a fair and honest election. The Election Committee may rely on such clerical and technical assistants as is necessary to conduct the election and count the ballots. Notice of the election, including the procedure for nominations, shall be given in writing to each member in good standing of the Local Union at least forty-five (45) days prior to the date set for the election. The date for the conduct of the election shall be the date on which ballots are mailed and shall be set by the Delegate Assembly of the Local Union for a day during the first two weeks of November.
E. At least one (1) month prior to the date set for elections in each even-numbered year, the Executive Committee shall appoint a Nominating Committee of seven (7) members from seven (7) different Chapters. This committee shall present a list containing at least one available nominee for each office to the Delegate Assembly. The nominees shall be broadly representative of the membership of the Local Union and diverse in ethnicity, race, age, sexual orientation and gender identity, and have representatives of both sexes. Additional nominations for officers may be made via petitions signed by no less than twenty (20) members in good standing. Such petitions shall be filed with the chair of the Elections Committee no later than thirty (30) days prior to the date set by the Delegate Assembly for the mailing of ballots for the election.
F. Every member in good standing, in accordance with Article IV of these By-Laws, shall be eligible to hold office, if otherwise qualified under provisions of the International Constitution. Any member who is ruled ineligible to run for office may appeal within forty-eight (48) hours to the Delegate Assembly, which shall decide such appeal within four (4) days.
G. All members in good standing shall have the right to be nominated as officers, nominate, vote for, or otherwise support candidates of their choice.
H. Only those ballots returned to the Election Committee within twenty-one (21) days from the mailing of the ballots shall be considered to have been validly cast and shall be counted. In the event a member in good standing fails to receive a ballot in the mail, the member may secure a substitute ballot from the Election Committee but shall be required to execute a statement to the effect that the member has not received a ballot and has not cast the same.
I. The candidate for each office receiving a majority of eligible votes cast by secret ballot for each office shall be declared elected.
J. In the event that no candidate receives a majority of votes, the Election Committee shall conduct a runoff election between the two (2) top vote-getters within thirty (30) days.
K. Each candidate shall have the right to have an observer at the counting of the ballots. Candidates and their observers may challenge the eligi-bility of voters, and all challenged ballots shall be set aside pending determination of their validity. All such challenges shall be investi-gated as promptly as possible.
L. Officers shall take office at the first Delegate Assembly meeting of the year and hold the same until their successor takes office. Installation of the officers shall be conducted at this Delegate Assembly meeting.
M. Delegate Assembly Representatives shall be nominated and elected in accordance with Article VII, C (6) of these By-Laws, by their respective Chapters, and by the same procedure as for officers.

XVI FINANCES
A. The funds of this Local Union shall be raised by dues and by such other means as the Delegate Assembly of the Local Union may direct. A Chapter may raise additional funds, provided that the methods of collecting such additional funds shall not be in conflict with any policies established by the Delegate Assembly or the Local Union or these By-Laws or the International. Any funds obtained by a Chapter, exclusive of dues, shall be retained by the Chapter to be expended in accordance with the desires of the individual Chapter.
B. All dues collected by the Local Union shall be transmitted to the Treasurer of the Local Union. The Treasurer shall keep complete and accurate accounts of all dues received regarding the membership of the Local Union. The Local Union shall pay for the per capita tax to the International Federation for any person from whom the Local Union, either directly or through a Chapter, receives dues.
C. All fiscal records shall be kept for a period of six (6) years. The Treasurer shall prepare, in accordance and cooperation with an accountant, a financial report on a quarterly basis and the report shall be submitted to the Delegate Assembly of the Local Union and to each Chapter. The report shall contain a list of all receipts and expenditures for the period.
D. All funds, including income and expenditures by each Chapter as provided for in XVI A., shall be recorded and the proper financial records shall be maintained by the Local Union Treasurer. The financial report shall be transmitted to the Delegate Assembly of the Local Union.
E. No Chapter shall have the authority to incur any obligation on behalf of the Chapter in excess of its current operating balance except by approval of the Delegate Assembly or the Executive Director.
F. A majority vote of the Delegate Assembly members present and voting in the Delegate Assembly shall be required on financial matters.

XVII EXECUTIVE DIRECTOR
A.
The Executive Director shall have general supervision and direction over the affairs of the Local Union subject to the limitations of the Delegate Assembly.
B. The Executive Director shall be responsible for: 1. Hiring and firing of staff, subject to limitations set forth by the Delegate Assembly, 2. Fiscal management, subject to the limitation of the Delegate Assembly.
C. The Executive Director shall be one of the persons authorized to sign checks withdrawing funds of the Local Union which shall include the payment of salaries and all bills and expenditures as directed by the Delegate Assembly.
D. The Executive Director shall be appointed by the Delegate Assembly.
E. Compensation and length of term shall be determined by contract.

XVIII INITIATIVE AND REFERENDUM
A.
An initiative may be originated by a petition signed by at least ten percent (10%) of the membership of the Local Union in good standing.
B. After an initiative has been originated, the Delegate Assembly shall refer the matter to the membership for a vote by secret ballot.
C. Any member of the Delegate Assembly of the Local Union may introduce an amendment for consideration by the appropriate committee, the amendment will be voted upon by the Delegate Assembly. If it is approved by a majority vote then it shall be referred to the membership of the Local Union for a vote by secret ballot at the next regular election. It must be approved by a two-thirds (2/3) vote as provided in Article XIX.
D. Special Membership meetings may be called if a petition signed by at least ten percent (10%) of the membership is filed with the Secretary of the Local Union. Such meeting shall be held within ten (10) days of the filing of such petition. Such meeting shall be for specific stated purposes. XIX AMENDMENTS These By-Laws can only be amended by two-thirds (2/3) vote at a representative or membership meeting. The Chapters must be notified at least thirty (30) days prior to the consideration of any amendments. Amendments may also be made in accordance with the initiative and referendum procedures of these By-Laws, provided that any amendment shall require a two-thirds (2/3) vote of the members voting. All amendments, except through an initiative procedure, shall be referred to a meeting only by a majority vote of the Delegate Assembly of the Local Union. Adopted General Membership Meeting June 21, 1983 rev. 12/12/86, 7/1/87, 1/20/96

 

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