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Constitution & By-Laws update
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Updated constitution and by-laws courtesy of Mark Davy, Tom Donovan, Dennis Kane, Jim Rooney:
7 - 18 - 2007 (click here)
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This was the original Constitution:
The following is courtesy of James Rooney:
We have a committee of Bruce Mierowitz, Chris Rogers, James Rooney, Pete Scala, Mark Davy, Jared Storeshenko, Jimmy Cash, Tom Donovan, and Stu Kaplan working on updating it. It's currently dated 1979, and when finished, it will be an update of our original AFSCME Council 82 Constitution for Local 2744 that Pat Linehan, our original Union President, drafted in 1973.
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Our Constitution, created and negotiated in good faith in 1979, has been a dynamic document that has stood the test of time. It has provided the Corps for decades with formal guidelines while at the same time being flexible enough - in concert with the AFSCME Constitution - to enable all Executive Boards the ability to provide situational leadership and action.
CONSTITUTION, BY-LAWS AND SENIORITY
OF THE
JONES BEACH LIFEGUARD CORPS
AFSCME – LOCAL 2744
JULY 1979
PREAMBLE
This agreement entered into by the Long Island State Park and Recreation Commission, hereafter called the "Commission" and the Jones Beach Lifeguard Corps hereinafter referred to as the "Union" has as its purpose the promotion of harmonious employee relations between the employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, paying of wages, hours of work, and other terms and conditions of employment.
BILL OF RIGHTS
ARTICLE I - NAME
The name of this organization shall be the Jones Beach Lifeguard Corps, Local 2744 AFSCME: Council 82 AFL-CIO.
ARTICLE II - PURPOSES
Section 1
To develop, improve, maintain and promote the standards, personnel policies, techniques and aesthetics of the professional lifeguard.
Section 2
To develop, improve, and maintain equipment directly related to the performance of lifeguard duties.
Section 3
To unify and strengthen the lifeguard profession and to secure and maintain the salaries, and other working conditions necessary to support the lifeguard profession.
Section 4
To inform lifeguards of lifeguarding techniques and practices of local, state and national levels.
Section 5
To enable members to speak with a common voice on matters pertaining to the lifeguard profession and to present their individual and common interests before the LISPRC and other legal authorities and before the public.
ARTICLE III - MEMBERSHIP
Section 1
(1) Any individual employed or whose services are otherwise retained by LISPRC for the sole and exclusive purpose of providing lifeguard services and/or for the sole and exclusive purposes of providing lifeguard supervisory services shall be eligible for membership as an active member.
(2) The Lifeguard Assembly may set forth such additional qualifications for eligibility as an active member as may reasonably further the purposes of the Union. Such qualifications, however, shall not be valid unless passed by two-thirds vote of a formal meeting of the Lifeguard Assembly.
Section 2
Any individual who has previously attained the status of active member but whose services are no longer employed or otherwise retained by LISPRC shall be eligible for membership as an inactive member for a period of 365 days after termination.
ARTICLE IV - ELECTED OFFICERS
The Officers of the local shall consist of a President, a First Vice-President, a Second Vice-President, a Treasurer and a Recording Secretary and a Trustee-at-Large.
The Officers of the Union shall be elected by a majority vote of the active members of the Union.
ARTICLE V - EXECUTIVE BOARD
Section 1
The Executive Board shall consist of the officers named in Articles IV and V, and Trustees appointed by the President. The distribution of these Trustees must be one (1) from Jones Beach, one (1) from Robert Moses and one (1) from the remaining parks (Sunken Meadow, Hecksher, Wildwood, Hither Hills and Orient Point). Each individual members of the Executive Board shall have one (1) vote. The President may vote in case of a tie.
Section 2
The President of the Union shall serve as Chairman of the Executive Board, . the First Vice-President shall serve as Vice-Chairman, the Secretary shall serve as Secretary of the Executive Board and the Second Vice-President shall serve as Assistant Secretary.
Section 3
(1) The Executive Board shall conduct business only when a majority of its members are present.
(2) Where a quorum of the Executive Board has convened and transacts business without at least three (3) days written notice of such meeting and its purposes to all members of the Executive Board, any business transaction by such quorum shall be subject to ratification by at least two-thirds of the members of the Executive Board.
ARTICLE VI - LIFEGUARD ASSEMBLY
Section 1
The Lifeguard Assembly shall consist of the beach representatives. Each beach shall elect from its active members an individual to serve as beach representative plus a first alternative and a second alternative to serve in the Lifeguard Assembly.
Section 2
Each beach representative shall have one (1) vote.
Section 3
Only in the event of a tie in the Lifeguard Assembly, the President shall cast a deciding vote.
Section 4
The President of the Union shall serve as Chairman of the Lifeguard Assembly, the First Vice-President shall serve as a Vice-Chairman, the Secretary shall serve as Secretary of the Lifeguard Assembly and the Second Vice-President shall serve as Assistant Secretary.
ARTICLE VII - DUAL POSITION
No officer of the Union may serve as a Trustee or beach representative.
ARTICLE VIII - AMENDMENTS
Section 1
An amendment to the Constitution may be proposed when no less than five percent (5%) of the active members shall petition the Lifeguard Assembly.
Section 2
Not later than fourteen (14) days after the receipt of said valid petition, the assembly shall have published such proposed and delivered such to every member individually or through the Shop Stewards. The Lifeguard Assembly shall determine the validity of the signatures.
Section 3
A vote shall be then taken on such proposed and published amendment not less than fourteen (14) but no more than twenty-one (21) days after such publication.
Section 4
The Executive Board shall supervise such vote.
Section 5
If a majority of the votes cast on said proposed amendment are for adoption of such proposal, then the proposed amendment shall immediately be deemed a valid amendment to the Constitution.
BY-LAWS
ARTICLE I - MEETINGS
Section 1 - Executive Board
The Executive Board shall meet not less than once every two months or at the request of the President, or at the request of at least three members of the Executive Board.
Section 2 - Lifeguard Assembly
The Lifeguard Assembly shall meet during the third week of June, July, and August. They shall, at the August meeting, give directions to the Executive Board and to the Negotiating Team as concerns contract matters for the following year. Notice as to the exact time, date, place, and agenda of any meeting of the Executive Board or Lifeguard Assembly shall be given by the secretary in writing. Where such notice is not given, any business transacted at such meeting must be subsequently ratified by at least two-thirds of the Executive Board or Lifeguard Assembly, as the case may be.
Section 3 - Special Meetings
Special meetings of the Lifeguard Assembly may he held at the call of its President or upon written request to the Executive Board from five representatives. Business to come before special meetings must be stated in the call, which shall be sent in writing to each Steward at least two (2) weekdays before the meeting.
Section 4- General Membership Meetings
The Executive Board shall arrange for a General Membership meeting prior to July 1 for contract ratification and discussion of Union issues. The time, date, place, and agenda of such meeting shall be distributed to shop stewards one (1) week before the meeting.
ARTICLE II - QUORUM
A majority of the members of the Executive Board, any committee thereof, and of the Lifeguard Assembly shall constitute a quorum for the transaction of business by any of the aforesaid entities.
ARTICLE III - DUTIES OF OFFICERS
Section 1 - President
The President shall preside over meetings of the Executive Board, appoint the members of the standing committees with the approval of the Lifeguard Assembly, whereupon the committee shall elect the committee's Chairman, appoint special committees, be Ex-Officio a member of all standing committees and shall be the Executive Officer of the Local. The President shall represent the Union Local before the public either personally or through delegates, and shall perform all other functions usually attributed to this office.
Section 2 - First Vice-President
The First Vice-President shall perform all the duties of the President in the latter's absence, and in case of the latter's vacancy. The First Vice-President shall become President at the remainder of the unexpired term. The First Vice-President shall be Chairperson of the Grievance Committee.
Section 3 - Second Vice-President
The Second Vice-President shall assist the President and the First Vice-President as they shall determine. In the event of the inability of the President or the First Vice-President to perform, the Second Vice-President shall act on their behalf.
Section 4 - Treasurer
The Treasurer shall hold the funds of the Local and disburse them with the authorization of the Executive Board of the President within the limits of the budget. He shall maintain the roll of the members. He shall keep accurate accounts of receipts and disbursements, and shall report to each meeting of the Lifeguard Assembly. He shall chair the Budget Committee and assist in the initial drafting of the annual budget.
Section 5 - Recording Secretary
The Recording Secretary shall keep accurate minutes of all Executive Board and Lifeguard Assembly meetings and shall be responsible for the publishing of the minutes to each group within one (1) week. In the event the Secretary is unable to serve, the Second Vice-President shall serve in his stead.
Section 6 - Terms and Succession
(1) The officers shall serve for two years and may be reelected without an intervening term.
(2) Whenever an elective office shall become vacant, between elections, the vacancy shall be filled by an election initiated within fourteen (14) days of the vacancy. Elections shall be held twenty-one (21) days after the vacancy occurs. Vacancies that occur during the "off season" shall be filled by Presidential appointment until seasonal employment commences at which time the aforementioned schedule will be effected as if the first day of the season was the date of vacancy.
ARTICLE IV - POWERS OF THE LIFEGUARD ASSEMBLY
Section 1
The Lifeguard Assembly shall approve the budget, set the dues for the Local, act on reports of committees, approve resolutions and policy statements and effect disbursements of funds during the working season.
Section 2
The Assembly may adopt such rules governing the employment of lifeguards, the conduct of the Local, and the conduct of the meetings as are consistent with the Constitution and By-Laws.
Section 3
Powers not delegated to the Executive Board, the officers or other groups in the Local shall be vested in the Lifeguard Assembly.
ARTICLE V - LIFEGUARD REPRESENTATIVES (SHOP STEWARDS)
On each beach of the LISPRC, lifeguards who are in good standing of this Local shall elect for a term of one year, one lifeguard representative to the Lifeguard Assembly. At the same time each beach shall elect a first alternate and a second alternate to this position who may attend meetings but may only vote in the absence of the official representative. If neither the representative or alternate is present, no other person from that beach may assume his vote.
The Lifeguard Representative shall call beach meetings of the members to discuss the Local's business, enroll members, and provide two-way communication between the Executive Board and his beach.
ARTICLE VI - STANDING COMMITTEES
Section 1 - Structure
There shall be standing committees carrying the specific functions outlined below:
Section 2 - Reports
Each committee shall choose a secretary who shall keep a continuing record of activities. Chairman shall report as necessary to the Lifeguard Assembly and shall prepare an annual written report summarizing objectives, action programs, gains and unattained goals, which the Executive Board shall distribute to the members and which shall become part of the continuing committee record in the Local's files.
Section 3 - Titles and Duties
(1) Committee on Lifeguard Welfare shall explore and prepare action programs as necessary in all areas of Lifeguard welfare, creating sub-committees with particular responsibility for salaries, leave, fringe benefits, insurance, credit and investment facilities and general working conditions.
(2) Committee on Lifeguard Rights and Responsibilities shall explore and prepare plans of action for securing satisfactory personnel policies and procedures for the redress of grievances. It shall advise the Assembly on procedures for the implementation of the Code of Ethics. This committee shall advise the Executive Board on situations of censure, suspension or expulsion of members. It shall develop a program of orientation to the Code of Ethics for all members of the Local.
(3) Committee on Public Relations shall seek to develop public understanding of the purposes and programs of Local 2744 and the values and importance of lifeguarding. It shall develop procedures whereby the public can be made more aware of the function of and need for a well disciplined and trained corps of mature lifeguards. To this end it will employ all available channels of mass media.
(4) Committee on Lifeguard Education and Professional Standards shall explore and develop programs of action to raise and maintain standards for certifications employment and assignments.
(5) Committee on Professional Relations shall organize and oversee the following subcommittees:
a. Membership and Professional Information - to promote and conduct local membership enrollment among non-members, and to inform members of the policies, programs and accomplishments of the local, state and national.
b. Orientation - to develop and conduct programs for the orientation and training of new lifeguards to the beach, the pools and still water areas.
c. Social Affairs - to organize such social activities as may serve the members and promote fellowship within the Local.
Section 4 - Relation to State and National Union and Locals.
The standing committees shall seek to understand and relate to the objectives and programs of corresponding units of the state and national Union and shall counsel with them.
Section 5 - Grievance Committee
The Lifeguard Assembly shall elect from their numbers, at their first meeting in June, five lifeguards who shall sit on the Grievance Committee, such committee shall be chaired by the First Vice-President of the Executive Board. This committee shall meet at least once a month (July, August, September) at the call of the Chairman.
The committee shall safeguard the interests of the Local and its members as provided in the Agreement and shall make use of the grievance machinery to that end.
Section 6
The Lifeguard Assembly shall elect from their numbers at their first meeting in June four lifeguards who shall conduct elections in accordance with Article VIII of the By-Laws.
Section 7 - New Standing Committees
The Lifeguard Assembly may, by a 2/3 (two-thirds) vote; establish a new standing committee at any meeting. Such committee to be incorporated into by the By-Laws of the Local.
ARTICLE VII - SPECIAL COMMITTEES
Section 1
Each year the President shall appoint an Elections Committee, an Audit Committee, a Budget Committee, a Negotiating Committee and other such special committees as may be necessary and shall discharge them upon completion of their duties. These appointments are subject to majority approval of the Lifeguard Assembly in session.
Section 2
These committees shall operate according to rules approved by the Lifeguard Assembly.
Section 3
No officer of the Local shall serve on either the Election Committee or the Audit Committee.
ARTICLE VIII - ELECTIONS
Section 1 - Nominations - Local Officers
(1) The active members of the Local during the summer prior to July 16 of an election summer shall nominate officers for President, First Vice-President, Second Vice-President, Treasurer, Secretary and the elected Trustee, by petition 20 names being necessary.
(2) The Committee on Elections shall publish immediately following the Lifeguard Assembly meeting, a list of the nominees and if the nominee wishes, a brief biography.
(3) The active members of the Local shall during the Fourth of July weekend elect a Lifeguard Representative and a first alternate and second alternate to attend Lifeguard Assembly meetings.
Section 2 – Balloting – Balloting
(1) On the first weekend of August, members shall vote during beach hours, supervised by the Committee on Elections, by membership, identification, for the five officers and trustee previously mentioned, by secret ballot, prepared by the Union for each beach, the results of which shall be tallied by the election committee and results forwarded to the Committee on Elections. The election shall be conducted on three consecutive days.
(2) The Committee on Elections shall report the results to the President who shall have them published. New Officers shall be installed as of the first weekend in October.
ARTICLE IX - AUTHORITY
Roberts Rules of order shall be the parliamentary authority for the Local on all questions not covered by the Constitution and By-Laws and such standing rules as the Lifeguard Assembly may adopt.
ARTICLE X - AMENDMENT
These By-Laws may be amended by majority vote at any regular meeting of the Lifeguard Assembly provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to the Lifeguard Assembly two (2) calendar weeks in advance of the meeting.
ARTICLE XI - IMPEACHMENT
Any elected or appointed officer shall be removed from office in accordance with the following steps:
(1) A petition for impeachment from a majority of the Shop Stewards.
(2) A 2/3 vote of the General Membership which shall be conducted by each Shop Steward at his/her beach within seven (7) days of the submission of the petition of impeachment to the Lifeguard Assembly.
ARTICLE XII -ANNUAL REPORT
Section 1
Before May 15 but not earlier than May 1st of each year, the President shall cause to be prepared and delivered to each active and inactive member, wherever possible, an annual report on the affairs of the Union.
Section 2
Such report must contain:
(1) A statement by the President that he has examined the record books and accounts of the Union and that same are in good order.
(2) A detailed report on the conduct of contract negotiations with LISPRC, to include a detailed summary of all material provisions of the contract.
(3) The date of the next Union election.
(4) Such other matters as the President or a majority of the Executive Board may deem advisable to include.
Section 3
The President and Secretary and Treasurer must sign the annual financial report for off season expenditures.
ARTICLE XIII - UNION RESOLUTIONS, MINUTES OF MEETINGS
Section 1
The Executive Board and Lifeguard Assembly shall vote on all appropriate matters by way of resolution, duly made, seconded and carried. The minutes of the meeting must reflect the specific working of the resolution and whether the vote was carried by majority or by 2/3 vote.
Section 2
Where the written minutes of a resolution do not exist, are missing or have not been ratified at the next meeting thereafter, any member of the Executive Board or Lifeguard Assembly may advise the President or Secretary of such fact. Thereafter, if such minutes are not existing, are missing or have not been ratified, any resolution therein shall be null and void until ratified by resolution of the Executive Board or Lifeguard Assembly, as the case may be.
Section 3
The failure to properly record or safeguard Union records shall be considered a serious breach of responsibility.
ARTICLE XIV - UNION CONTRACT
Section 1
The annual report of the Union President must set forth these recommendations and explain where they are inconsistent with the response by LISPRC. If the Union is recommending that the recommendations of the Lifeguard Assembly not be adhered to, such must be set forth in detail.
Section 2
The President and all members of the negotiating committee, by their signature may execute a Union contract with LISPRC (subject to ratification by the active members of the Union).
CONSTITUTION, BY-LAWS AND SENIORITY
OF THE
JONES BEACH LIFEGUARD CORPS
AFSCME – LOCAL 2744
JULY 1979
PREAMBLE
This agreement entered into by the Long Island State Park and Recreation Commission, hereafter called the "Commission" and the Jones Beach Lifeguard Corps hereinafter referred to as the "Union" has as its purpose the promotion of harmonious employee relations between the employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, paying of wages, hours of work, and other terms and conditions of employment.
BILL OF RIGHTS
ARTICLE I - NAME
The name of this organization shall be the Jones Beach Lifeguard Corps, Local 2744 AFSCME: Council 82 AFL-CIO.
ARTICLE II - PURPOSES
Section 1
To develop, improve, maintain and promote the standards, personnel policies, techniques and aesthetics of the professional lifeguard.
Section 2
To develop, improve, and maintain equipment directly related to the performance of lifeguard duties.
Section 3
To unify and strengthen the lifeguard profession and to secure and maintain the salaries, and other working conditions necessary to support the lifeguard profession.
Section 4
To inform lifeguards of lifeguarding techniques and practices of local, state and national levels.
Section 5
To enable members to speak with a common voice on matters pertaining to the lifeguard profession and to present their individual and common interests before the LISPRC and other legal authorities and before the public.
ARTICLE III - MEMBERSHIP
Section 1
(1) Any individual employed or whose services are otherwise retained by LISPRC for the sole and exclusive purpose of providing lifeguard services and/or for the sole and exclusive purposes of providing lifeguard supervisory services shall be eligible for membership as an active member.
(2) The Lifeguard Assembly may set forth such additional qualifications for eligibility as an active member as may reasonably further the purposes of the Union. Such qualifications, however, shall not be valid unless passed by two-thirds vote of a formal meeting of the Lifeguard Assembly.
Section 2
Any individual who has previously attained the status of active member but whose services are no longer employed or otherwise retained by LISPRC shall be eligible for membership as an inactive member for a period of 365 days after termination.
ARTICLE IV - ELECTED OFFICERS
The Officers of the local shall consist of a President, a First Vice-President, a Second Vice-President, a Treasurer and a Recording Secretary and a Trustee-at-Large.
The Officers of the Union shall be elected by a majority vote of the active members of the Union.
ARTICLE V - EXECUTIVE BOARD
Section 1
The Executive Board shall consist of the officers named in Articles IV and V, and Trustees appointed by the President. The distribution of these Trustees must be one (1) from Jones Beach, one (1) from Robert Moses and one (1) from the remaining parks (Sunken Meadow, Hecksher, Wildwood, Hither Hills and Orient Point). Each individual members of the Executive Board shall have one (1) vote. The President may vote in case of a tie.
Section 2
The President of the Union shall serve as Chairman of the Executive Board, . the First Vice-President shall serve as Vice-Chairman, the Secretary shall serve as Secretary of the Executive Board and the Second Vice-President shall serve as Assistant Secretary.
Section 3
(1) The Executive Board shall conduct business only when a majority of its members are present.
(2) Where a quorum of the Executive Board has convened and transacts business without at least three (3) days written notice of such meeting and its purposes to all members of the Executive Board, any business transaction by such quorum shall be subject to ratification by at least two-thirds of the members of the Executive Board.
ARTICLE VI - LIFEGUARD ASSEMBLY
Section 1
The Lifeguard Assembly shall consist of the beach representatives. Each beach shall elect from its active members an individual to serve as beach representative plus a first alternative and a second alternative to serve in the Lifeguard Assembly.
Section 2
Each beach representative shall have one (1) vote.
Section 3
Only in the event of a tie in the Lifeguard Assembly, the President shall cast a deciding vote.
Section 4
The President of the Union shall serve as Chairman of the Lifeguard Assembly, the First Vice-President shall serve as a Vice-Chairman, the Secretary shall serve as Secretary of the Lifeguard Assembly and the Second Vice-President shall serve as Assistant Secretary.
ARTICLE VII - DUAL POSITION
No officer of the Union may serve as a Trustee or beach representative.
ARTICLE VIII - AMENDMENTS
Section 1
An amendment to the Constitution may be proposed when no less than five percent (5%) of the active members shall petition the Lifeguard Assembly.
Section 2
Not later than fourteen (14) days after the receipt of said valid petition, the assembly shall have published such proposed and delivered such to every member individually or through the Shop Stewards. The Lifeguard Assembly shall determine the validity of the signatures.
Section 3
A vote shall be then taken on such proposed and published amendment not less than fourteen (14) but no more than twenty-one (21) days after such publication.
Section 4
The Executive Board shall supervise such vote.
Section 5
If a majority of the votes cast on said proposed amendment are for adoption of such proposal, then the proposed amendment shall immediately be deemed a valid amendment to the Constitution.
BY-LAWS
ARTICLE I - MEETINGS
Section 1 - Executive Board
The Executive Board shall meet not less than once every two months or at the request of the President, or at the request of at least three members of the Executive Board.
Section 2 - Lifeguard Assembly
The Lifeguard Assembly shall meet during the third week of June, July, and August. They shall, at the August meeting, give directions to the Executive Board and to the Negotiating Team as concerns contract matters for the following year. Notice as to the exact time, date, place, and agenda of any meeting of the Executive Board or Lifeguard Assembly shall be given by the secretary in writing. Where such notice is not given, any business transacted at such meeting must be subsequently ratified by at least two-thirds of the Executive Board or Lifeguard Assembly, as the case may be.
Section 3 - Special Meetings
Special meetings of the Lifeguard Assembly may he held at the call of its President or upon written request to the Executive Board from five representatives. Business to come before special meetings must be stated in the call, which shall be sent in writing to each Steward at least two (2) weekdays before the meeting.
Section 4- General Membership Meetings
The Executive Board shall arrange for a General Membership meeting prior to July 1 for contract ratification and discussion of Union issues. The time, date, place, and agenda of such meeting shall be distributed to shop stewards one (1) week before the meeting.
ARTICLE II - QUORUM
A majority of the members of the Executive Board, any committee thereof, and of the Lifeguard Assembly shall constitute a quorum for the transaction of business by any of the aforesaid entities.
ARTICLE III - DUTIES OF OFFICERS
Section 1 - President
The President shall preside over meetings of the Executive Board, appoint the members of the standing committees with the approval of the Lifeguard Assembly, whereupon the committee shall elect the committee's Chairman, appoint special committees, be Ex-Officio a member of all standing committees and shall be the Executive Officer of the Local. The President shall represent the Union Local before the public either personally or through delegates, and shall perform all other functions usually attributed to this office.
Section 2 - First Vice-President
The First Vice-President shall perform all the duties of the President in the latter's absence, and in case of the latter's vacancy. The First Vice-President shall become President at the remainder of the unexpired term. The First Vice-President shall be Chairperson of the Grievance Committee.
Section 3 - Second Vice-President
The Second Vice-President shall assist the President and the First Vice-President as they shall determine. In the event of the inability of the President or the First Vice-President to perform, the Second Vice-President shall act on their behalf.
Section 4 - Treasurer
The Treasurer shall hold the funds of the Local and disburse them with the authorization of the Executive Board of the President within the limits of the budget. He shall maintain the roll of the members. He shall keep accurate accounts of receipts and disbursements, and shall report to each meeting of the Lifeguard Assembly. He shall chair the Budget Committee and assist in the initial drafting of the annual budget.
Section 5 - Recording Secretary
The Recording Secretary shall keep accurate minutes of all Executive Board and Lifeguard Assembly meetings and shall be responsible for the publishing of the minutes to each group within one (1) week. In the event the Secretary is unable to serve, the Second Vice-President shall serve in his stead.
Section 6 - Terms and Succession
(1) The officers shall serve for two years and may be reelected without an intervening term.
(2) Whenever an elective office shall become vacant, between elections, the vacancy shall be filled by an election initiated within fourteen (14) days of the vacancy. Elections shall be held twenty-one (21) days after the vacancy occurs. Vacancies that occur during the "off season" shall be filled by Presidential appointment until seasonal employment commences at which time the aforementioned schedule will be effected as if the first day of the season was the date of vacancy.
ARTICLE IV - POWERS OF THE LIFEGUARD ASSEMBLY
Section 1
The Lifeguard Assembly shall approve the budget, set the dues for the Local, act on reports of committees, approve resolutions and policy statements and effect disbursements of funds during the working season.
Section 2
The Assembly may adopt such rules governing the employment of lifeguards, the conduct of the Local, and the conduct of the meetings as are consistent with the Constitution and By-Laws.
Section 3
Powers not delegated to the Executive Board, the officers or other groups in the Local shall be vested in the Lifeguard Assembly.
ARTICLE V - LIFEGUARD REPRESENTATIVES (SHOP STEWARDS)
On each beach of the LISPRC, lifeguards who are in good standing of this Local shall elect for a term of one year, one lifeguard representative to the Lifeguard Assembly. At the same time each beach shall elect a first alternate and a second alternate to this position who may attend meetings but may only vote in the absence of the official representative. If neither the representative or alternate is present, no other person from that beach may assume his vote.
The Lifeguard Representative shall call beach meetings of the members to discuss the Local's business, enroll members, and provide two-way communication between the Executive Board and his beach.
ARTICLE VI - STANDING COMMITTEES
Section 1 - Structure
There shall be standing committees carrying the specific functions outlined below:
Section 2 - Reports
Each committee shall choose a secretary who shall keep a continuing record of activities. Chairman shall report as necessary to the Lifeguard Assembly and shall prepare an annual written report summarizing objectives, action programs, gains and unattained goals, which the Executive Board shall distribute to the members and which shall become part of the continuing committee record in the Local's files.
Section 3 - Titles and Duties
(1) Committee on Lifeguard Welfare shall explore and prepare action programs as necessary in all areas of Lifeguard welfare, creating sub-committees with particular responsibility for salaries, leave, fringe benefits, insurance, credit and investment facilities and general working conditions.
(2) Committee on Lifeguard Rights and Responsibilities shall explore and prepare plans of action for securing satisfactory personnel policies and procedures for the redress of grievances. It shall advise the Assembly on procedures for the implementation of the Code of Ethics. This committee shall advise the Executive Board on situations of censure, suspension or expulsion of members. It shall develop a program of orientation to the Code of Ethics for all members of the Local.
(3) Committee on Public Relations shall seek to develop public understanding of the purposes and programs of Local 2744 and the values and importance of lifeguarding. It shall develop procedures whereby the public can be made more aware of the function of and need for a well disciplined and trained corps of mature lifeguards. To this end it will employ all available channels of mass media.
(4) Committee on Lifeguard Education and Professional Standards shall explore and develop programs of action to raise and maintain standards for certifications employment and assignments.
(5) Committee on Professional Relations shall organize and oversee the following subcommittees:
a. Membership and Professional Information - to promote and conduct local membership enrollment among non-members, and to inform members of the policies, programs and accomplishments of the local, state and national.
b. Orientation - to develop and conduct programs for the orientation and training of new lifeguards to the beach, the pools and still water areas.
c. Social Affairs - to organize such social activities as may serve the members and promote fellowship within the Local.
Section 4 - Relation to State and National Union and Locals.
The standing committees shall seek to understand and relate to the objectives and programs of corresponding units of the state and national Union and shall counsel with them.
Section 5 - Grievance Committee
The Lifeguard Assembly shall elect from their numbers, at their first meeting in June, five lifeguards who shall sit on the Grievance Committee, such committee shall be chaired by the First Vice-President of the Executive Board. This committee shall meet at least once a month (July, August, September) at the call of the Chairman.
The committee shall safeguard the interests of the Local and its members as provided in the Agreement and shall make use of the grievance machinery to that end.
Section 6
The Lifeguard Assembly shall elect from their numbers at their first meeting in June four lifeguards who shall conduct elections in accordance with Article VIII of the By-Laws.
Section 7 - New Standing Committees
The Lifeguard Assembly may, by a 2/3 (two-thirds) vote; establish a new standing committee at any meeting. Such committee to be incorporated into by the By-Laws of the Local.
ARTICLE VII - SPECIAL COMMITTEES
Section 1
Each year the President shall appoint an Elections Committee, an Audit Committee, a Budget Committee, a Negotiating Committee and other such special committees as may be necessary and shall discharge them upon completion of their duties. These appointments are subject to majority approval of the Lifeguard Assembly in session.
Section 2
These committees shall operate according to rules approved by the Lifeguard Assembly.
Section 3
No officer of the Local shall serve on either the Election Committee or the Audit Committee.
ARTICLE VIII - ELECTIONS
Section 1 - Nominations - Local Officers
(1) The active members of the Local during the summer prior to July 16 of an election summer shall nominate officers for President, First Vice-President, Second Vice-President, Treasurer, Secretary and the elected Trustee, by petition 20 names being necessary.
(2) The Committee on Elections shall publish immediately following the Lifeguard Assembly meeting, a list of the nominees and if the nominee wishes, a brief biography.
(3) The active members of the Local shall during the Fourth of July weekend elect a Lifeguard Representative and a first alternate and second alternate to attend Lifeguard Assembly meetings.
Section 2 – Balloting – Balloting
(1) On the first weekend of August, members shall vote during beach hours, supervised by the Committee on Elections, by membership, identification, for the five officers and trustee previously mentioned, by secret ballot, prepared by the Union for each beach, the results of which shall be tallied by the election committee and results forwarded to the Committee on Elections. The election shall be conducted on three consecutive days.
(2) The Committee on Elections shall report the results to the President who shall have them published. New Officers shall be installed as of the first weekend in October.
ARTICLE IX - AUTHORITY
Roberts Rules of order shall be the parliamentary authority for the Local on all questions not covered by the Constitution and By-Laws and such standing rules as the Lifeguard Assembly may adopt.
ARTICLE X - AMENDMENT
These By-Laws may be amended by majority vote at any regular meeting of the Lifeguard Assembly provided that proposed amendments have been previously studied by the Executive Board and that copies have been sent to the Lifeguard Assembly two (2) calendar weeks in advance of the meeting.
ARTICLE XI - IMPEACHMENT
Any elected or appointed officer shall be removed from office in accordance with the following steps:
(1) A petition for impeachment from a majority of the Shop Stewards.
(2) A 2/3 vote of the General Membership which shall be conducted by each Shop Steward at his/her beach within seven (7) days of the submission of the petition of impeachment to the Lifeguard Assembly.
ARTICLE XII -ANNUAL REPORT
Section 1
Before May 15 but not earlier than May 1st of each year, the President shall cause to be prepared and delivered to each active and inactive member, wherever possible, an annual report on the affairs of the Union.
Section 2
Such report must contain:
(1) A statement by the President that he has examined the record books and accounts of the Union and that same are in good order.
(2) A detailed report on the conduct of contract negotiations with LISPRC, to include a detailed summary of all material provisions of the contract.
(3) The date of the next Union election.
(4) Such other matters as the President or a majority of the Executive Board may deem advisable to include.
Section 3
The President and Secretary and Treasurer must sign the annual financial report for off season expenditures.
ARTICLE XIII - UNION RESOLUTIONS, MINUTES OF MEETINGS
Section 1
The Executive Board and Lifeguard Assembly shall vote on all appropriate matters by way of resolution, duly made, seconded and carried. The minutes of the meeting must reflect the specific working of the resolution and whether the vote was carried by majority or by 2/3 vote.
Section 2
Where the written minutes of a resolution do not exist, are missing or have not been ratified at the next meeting thereafter, any member of the Executive Board or Lifeguard Assembly may advise the President or Secretary of such fact. Thereafter, if such minutes are not existing, are missing or have not been ratified, any resolution therein shall be null and void until ratified by resolution of the Executive Board or Lifeguard Assembly, as the case may be.
Section 3
The failure to properly record or safeguard Union records shall be considered a serious breach of responsibility.
ARTICLE XIV - UNION CONTRACT
Section 1
The annual report of the Union President must set forth these recommendations and explain where they are inconsistent with the response by LISPRC. If the Union is recommending that the recommendations of the Lifeguard Assembly not be adhered to, such must be set forth in detail.
Section 2
The President and all members of the negotiating committee, by their signature may execute a Union contract with LISPRC (subject to ratification by the active members of the Union).
Last edited by Admin on Thu Aug 23, 2007 8:28 pm, edited 8 times in total.
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Our Constitution, created and negotiated in good faith in 1979, has been a dynamic document that has stood the test of time. It has provided the Corps for decades with formal guidelines while at the same time being flexible enough - in concert with the AFSCME Constitution - to enable all Executive Boards the ability to provide situational leadership and action.
Please ignore this statement as it is not part of the constitution and was put in to confuse and to give the executive board more latitude then they have. We agreed we are not working in concert with AFSCME per the last shop stewards meeting.
If you have any questions or suggestions about the current constitution please contact me ..
Mark Davy
mad090@yahoo.com
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Posted: Fri May 11, 2007 6:19 pm |
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Any input from the membership will be greatly appreciated.
Does anyone have suggestions concerning election procedures for Shop Stewards, and registering the results? There has been suggestion that some Stewards weren't neccesarily elected, but actually they might have ran unnopposed as many of the current Executive Board members had? Either way the 4th of July weekend sounds like a good time to elect beach representatives. Maybe have each Beach submit the official representative and 2 alternates so there is no confusion, along with contact information.
There has been talk of revamping the petition process and having a nomination meeting where interested parties can state their intentions on running, similar to the draft that is held each year. Any active lifeguard is elegible to run.
How about reports? I think it would be good to start taking notes and filing meeting minutes and attempt to have management sign off on any agreements that are discussed.
Committees to be formed, Election, Equipment, CPR, training, etc.
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Posted: Fri Jun 15, 2007 12:27 pm |
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There seems to be some confusion out on the beach as to what exactly the Constitution says. That's why Mike Defina took the time to post it here on the website. That's also why I put out an open invitation for suggestions on improving it. You can also view it on the "official" website run by Cary Epstein at jblifeguard.org. Take the time to read it, and post any questions or concerns online. This will help the committee that has been working on it, to update it.
It was decided at the last Shop Stewards meeting that we will be following this document strictly, as Roy Lester put it 478 members of this union depend on this document, and 16 shop stewards can't just change it on a whim. The elected official on the Executive Board need to realize they represent all the members, and utilize the Shop Stewards to initiate 2 way communication with the beaches. While Bob Adler told us at the meeting "You wouldn't believe how much work we do!" , I haven't ever had Bob Adler nor any Executive Board member visit my beach or me as the Shop Steward to let me know what they are doing for us?
It's hard to believe that any union could run in this fashion. Check out the internet, most Unions have a website where pertinent union information is available to the membership. NYSCOPBA.org; Council82.org: ufalocal94.org, nysut.org, etc. Go to jblifeguard.org and find out What? Where to post fun exciting stories about the beach? What about the latest information on the elections? The meeting minutes from the Winter Shop Stewards meetings? The status of our president Bob Lenti? The state of our treasury?
How about scheduling an Executive Board meeting, and working together as a group to keep all the members informed, All 478 of us. Come out with an official Union statement and print that in our weekly newsletter, not Letters of Complaint to the State. Write those letters, and send them, I'm sure they have their effect. If you want everyone to know your stance, make copies and post them in all the Shacks. Just don't waste space in our weekly newsletter following personal vendettas. It's funny how certain people can get thier letter printed, while others never get thier letter printed.
Go figure it must have something to do with the Editor?
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Posted: Fri Jul 27, 2007 12:07 pm |
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| The old Constitution has been posted here and I made an open call for suggestions on May 11th, 2007 and June 15th, 2007. Alot of work has gone into updating the document with input coming from both members of the CORPS and the current Executive Board. Several Shop Steward meetings have been devoted to presenting the document and answering questions. The finished document is being put out for review, and we've heard the Cons by Steve Levy and Roy Lester in last weeks issue of the Bucket & Bouy. You can read the Pros put out by the committee in this weeks issue of the Bucket and Bouy. Feel free to discuss any concerns here at the website.
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If this suggestion was not put into our constitution, then can someone explain why?
) I also say that if you are on the Executive Board or if you are a shop steward and you are not working that year, then there should be a special election for somebody to take your place for that year. Does anyone agree and can a rule for this be placed into our Constitution?
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Posted: Fri Jul 27, 2007 4:23 pm |
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Tony;
This is the old Constitution, this oversight was corrected in the new Constitution. I realize your concerns and have noted them, but currently you are not working. If you get down to visit your fellow guards at RM 4/5 you can ask to be updated in what has been going on.
The issue of Shop Steward Elections was brought up this Winter, and bonafide Elections were conducted at most of the beaches. The candidates were all required to submit petitions attesting to the Elections and naming alternates. As we've seen even with all this forethought issues still crop up.
Tommy Donovan and Bob Adler were involentarilly transfered, other guards have taken promotions. Others still have been elected to the Executive board or are running for spots. As was stated this document is a template till PERB rules where we will be placed and what Parent Union we will fall under. Till then we are trying to work as a group Democratically till that decision is made.
I don't want to discourage your comments, but think them through; Jim
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Jim:
1) I am not a mindless person so my comments are always thought through. What I posted is what I thought was in the best interest of the JBLC. If someone had mentioned that this was included in the New Constitution, then I wouldn't have posted it for the [/i][/b] THIRD TIME!
2) You are right, I am not working so i am relying on what I am reading on this website to keep me up to date.
3) Please don't have the arrogance ( and I am shoicked you even suggested this) to tell me to go down to my beach to get informed. It is hard enough for me to walk after having knee surgery so to try to walk at the beach is righ now a bit more difficult so please think before you suggest things.
Sincerely and with friendship
Tony V
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Posted: Sat Jul 28, 2007 12:06 am |
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Sorry Tony;
I'll try to get you a copy of the new Constitution and you'll be able to read the Bucket And Bouy this week. I had heard a copy of the new Constitution will be posted here shortly. You can note the new language and hopefully see that your concerns were covered. You can also contact a current Executive Board member to have your questions addressed. I know Steve Levy had addressed in last weeks "Presidential thoughts" that you should get your information from the proverbial "Horses mouth" so call Field #6 and get Steve's take if you'd like. He's there most weekends. (516)785-1600 extension 618.
Regards; Jim
Do members on Medical leave get to Vote? Not sure of the answer, maybe ask Steve Levy when you call.
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