AMFA CONSTITUTION
Preamble
Objectives of the Association
Member Oath
Article I - General
Article II - National Officers & Duties
Article III - National Executive Council
Article IV - Election of National Officers
Article V - National Conventions
Article VI - National Finances
Article VII - Recall of National Officers
Article VIII - Local Charters
Article IX - Rules of Order & Local Government
Article X - Local Officers & Duties
Article XI - Election of Local Officers
Article XII - Local Finances
Article XIII - Membership
Article XIV - Recall of Local Officers & Membership Trials
Article XV - Contract Negotiations & Grievance Procedures
Conventions – Dates
PREAMBLE
The aim of the Aircraft Mechanics Fraternal Association is to promote and protect the interest of our membership, to elevate the moral, intellectual and social conditions of all Aircraft Technicians and Airline Support personnel in the Aviation Community.
To encourage a higher standard of skill, to raise the standards, and increase the recognition of the Aircraft Technician.
To assist and encourage those members who do not have appropriate licenses, to secure the same, through establishment of an educational branch of the Association.
We consider the Aircraft Technician to be highly skilled and responsible individuals, with a public trust, and we shall continually strive for higher standards in aircraft maintenance, servicing, and handling in the interest of public safety and the industry.
We recognize the similar needs and interests of all Aircraft Technicians regardless of race, creed, color, sex, marital status, or religion, and bar no individual from membership as defined in Article XIII except those disloyal to the government of the United States of America.
With the above principles in mind, we pledge ourselves to uphold the basic doctrines to trade unionism, to recognize individual seniority rights of members, and to protect and elevate our profession through a strong unification of Aircraft Technicians and Airline Support Personnel within an independent, skilled craft union.
OBJECTIVES OF THE ASSOCIATION
MEMBERSHIP OATH
This oath is to be administered to new members upon their acceptance into this Association at a Local Meeting, where their membership is approved. This oath must be administered in the prescribed manner in order to be binding on all parties concerned. In addition, it shall be mandatory upon the Association to provide every new member with a complete and up-to-date copy of the Constitution and by-laws prior to administration of the Oath.
I PLEDGE ON MY HONOR TO ABIDE BY THE CONSTITUTION OF THE AIRCRAFT MECHANICS FRATERNAL ASSOCIATION AND THE RULES AND BY-LAWS OF LOCAL_________. TO DISCHARGE ALL MY COMMITMENTS, DUTIES, AND OBLIGATIONS TO MY UNION, FELLOW WORKERS AND EMPLOYER FAITHFULLY; AND TO CONDUCT MYSELF AT ALL TIMES AS BECOMES A MEMBER OF THIS, A PROFESSIONAL SKILLED ASSOCIATION.
ARTICLE I
* * GENERAL * *
SECTION 1.
The name of this organization is the Aircraft Mechanics Fraternal Association." Whenever the term "Association" is used, it shall refer to and mean the "Aircraft Mechanics Fraternal Association."
SECTION 2.
Membership in this Association:
This includes maintenance support technicians and related personnel, as defined by the National Mediation Boards determination of the Mechanics and Related class and craft.
SECTION 3.
The duration of this Association shall be perpetual, or until if is dissolved. The Association may be dissolved at any time by a three-quarters (3/4) majority vote of all the Association active members thereof in good standing, such vote to be conducted by the National Executive Council.
SECTION 4.
The National Executive Council of the Association shall act as agent for the members and dispose of all physical assets of the Association by public auction, or otherwise, and any and all questions relating thereto shall be decided by a three-quarters (3/4) majority vote of the National Executive Council. All liquid assets of each Local separately shall be prorated to the active members of record in good standing of the respective Locals at the time of such dissolution in proportion to the dues then being paid by each of such members. All assets now or thereafter owned by the Association shall continue as the separate property of the Association.
SECTION 5.
The Official Seal of the Aircraft Mechanics Fraternal Association shall be as follows:
SECTION 8.
Every member of this Association shall receive a membership card. The membership card shall contain thereon the name of the member, and such additional information as may be deemed necessary, and shall be signed by the Secretary, and shall bear the seal of the Association.
SECTION 7.
All members in good standing who joined the Association prior to October 1, 1964 shall be chartered members and receive membership cards in the color "gold" in recognition for the time. effort, and money spent by these members in the creation of the Aircraft Mechanics Fraternal Association, and all members in good standing who joined the Association after October 1,1964 until and inclusive of the first air carrier represented by the Association shall receive membership cards bordered in the color "silver" in recognition for the effort and money spent by these members in the step of organizing and representing the first carrier.
SECTION 8.
The National Executive Council shall have the authority to grant special dispensation of the per capita tax and may grant subsidies to a local that, through organizational functions, finds itself in financial instability. Such dispensation and subsidies shall be granted on a uniform and non-discriminatory basis.
SECTION 9.
No amendment to this Constitution or to any Local by-laws shall be proposed or adopted that would:
SECTION 10.
When feasible the Association/Local shall organize and establish any appropriate training deemed necessary to upgrade the membership at any level after being submitted to the National Executive Council for co-ordination.
SECTION 11.
AMFA and its Local affiliates shall have the authority to assist, promote, advise, and give support to the organization and continuing operation and activities of other labor organizations whose objectives are consistent with AMFA’s, including labor organizations representing or seeking to organize flight attendants, working foremen, subordinate officials and other supervisory employees within the meaning of the Railway Labor Act.
SECTION 12.
The Association, and each of its Local affiliates, shall have the power, incidental to carrying out their purpose and objectives, to assist, cooperate with, and give support to any auxiliary organization formed by spouses, friends, relatives, or supporters of AMFA whose purpose is consistent with the goals and objectives of AMFA.
SECTION 13.
DEFINITIONS:
ARTICLE II
* * NATIONAL OFFICERS AND DUTIES * *
SECTION 1.
The National Director shall supervise and control the general management and affairs of the Association and shall organize an administrative force, subject to the approval of the Executive Council, to conduct the administrative duties of the Association. He shall preside over, deciding question of order, enforcing the Constitution, and shall prepare a budget and upon approval of the Executive Council, he shall execute such budget. The National Director may assist Locals in organizing, and shall grant charters, approval of Local by-laws, and shall assign new Locals to the region in which they can be best represented. The National Director may, with a majority vote by referendum of the membership, approve an affiliation which will be in the interest of the Association. The National Director shall sign with the National Treasurer all deeds, mortgages, bonds, contracts, or other instruments which the Executive Council has authorized to be executed. He shall also countersign all orders for the payment of money and for the withdrawal of money on deposit in the name of the National Association.
SECTION 2.
The Assistant National Director shall assist the National Director in his duties and shall in the absence or upon the incapacitation of the National Director perform the duties of the National Director. When performing such duties, he shall have the power of and be subject to the restrictions of the National Director. The Assistant National Director shall perform such other duties assigned to him by the National Director or the Executive Council.
SECTION 3.
The National Secretary shall conduct all official correspondence of the Association and shall be the custodian of the Association records and its seal and shall affix the seal to all documents and correspondence as required. He shall keep correct records of all Executive Council meetings and National Conventions and shall send a copy of the minutes of the meetings to all Locals within fourteen (14) days after the conclusion of such meetings. The National Secretary may visit Locals to assist Local Secretaries in the methods and ways of their office and to inspect Local records.
SECTION 4
The National Treasurer shall administer the fiscal matters of the Association as provided by Article VI of this Constitution. He shall keep a systematically arranged book account of all monies received and disbursed and shall cause a certified financial audit of such books to be prepared annually by a Certified Public Accountant. He shall present a quarterly financial report to all members of the Executive Council and send such report to each Local Treasurer. The National Treasurer’s and the National Director’s signatures shall be the only valid signatures on Association checks, drafts, or money orders. In the event of the incapacitation of the National Treasurer, the Executive Council may authorize a member of the Council to countersign. In the event of the incapacitation of the National Director, the Assistant National Director shall be authorized to countersign.
Upon approval of the majority of the National Executive Council, the National Treasurer shall have the power to audit the books of any or all Locals, with due cause and upon his demand a Local shall turn over to him all such books and records.
SECTION 5.
The Offices of National Secretary and National Treasurer may be combined subject to approval of the National Executive Council, provided either office is vacant.
SECTION 6.
The National Safety and Standards Director shall supervise the functions of the Industrial Safety Co-ordinator and the Maintenance Standards Co-ordinator. He shall concern himself with the issues of air safety, industrial safety, aircraft maintenance standards, safety and standards technical education. He shall be a member of the National Executive Council and shall represent the views and the goals of the Industrial Safety and Maintenance Standards Co-ordinators at the National Council.
SECTION 7.
The Regional Directors shall initiate the policies and directives of the Executive Council at the Local level and co-ordinate the activities of the Locals within his region. He may attend Local meetings and sit at Local Executive Council meetings; he may take part in such meetings but shall have no voting privileges. He shall represent the National Executive Council within his region and he shall represent the interests of the Locals within his region at the National level. He may assist in the organization of new Locals within his region and perform such other duties as assigned by the National Director or Executive Council.
The National Executive Council shall decide the location of the Regional Director’s office within each region. The maintenance of such offices and locations shall be approved by the Executive Council and paid by the National Treasurer.
(1) AIRLINE TECHNICAL DIVISION CO-ORDINATOR - Shall assist the Regional Director in co-ordinating the activities of the Airline Technical Division Locals in his region. He shall represent the interests of the Airline Technical Division Locals to the Regional Director.
(2) GENERAL AVIATION TECHNICAL DIVISION CD-ORDINATOR - Shall assist the Regional Director in co-ordinating the activities of the General Aviation Technical Division Locals in his region. He shall represent the interests of the General Aviation Technical Division Locals to the Regional Director.
SECTION 8.
The Industrial Safety Co-ordinator shall carry out and be responsible for an industrial safety program to examine the causes of industrial accidents and the preventative measures necessary to improve the personal safety of the members of the Association.
He shall work closely with Local Safety Committees and may participate in Local safety tours. The Local Safety Committees shall provide the Co-ordinator with such reports as are requested by him, and the Co-ordinator shall initiate safety programs that are national in scope.
SECTION 9.
The Maintenance Standards Co-ordinator shall act as a liaison agent between the Federal Aviation Administration and the membership. He shall keep a current and complete Federal Aviation Regulation library, and keep the membership informed of the proposed regulation changes that take effect that are pertinent to the work of the membership. He shall maintain a Technical library and assist in any way possible for members to obtain licenses.
He shall, in general, work toward the maintenance of high aircraft maintenance standards. Local Standards Chairmen shall provide the Co-ordinator with such reports as are required.
ARTICLE Ill
* * NATIONAL EXECUTIVE COUNCIL * *
SECTION 1.
The National Executive Council shall consist of the National Director, Assistant National Director, National Secretary, National Treasurer, Safety & Standards Director, and three (3) Regional Directors. The Council shall convene quarterly or, if in the opinion of the majority of the Council or the National Director that the need exists, the National Director shall call a Special meeting. A quorum of the National Executive Council shall consist of a simple majority of Executive Council members.
SECTION 2.
The Executive Council shall be the governing body of the Association between conventions. They shall have the power to require reports from Local Officers and may suspend a Local in accordance with the provisions of Article VIII, Section II, or Local Officers for violations of the Constitution pending final disposition of any charges. Any such order suspending an officer shall operate only to suspend the right of such person to occupy his office or position or perform any of the functions thereof, but all other membership rights of such officer or representative shall remain unaffected unless and until he has been served with charges and tried and convicted in accordance with procedures set forth in Article XIV.
SECTION 3.
The National Director shall preside over Council meetings, and the National Secretary shall record the proceedings of all meetings. The National Secretary shall cause such recordings to be sent to all Locals within two (2) weeks after any meeting, and shall notify all interested parties of any decision of the Council that affects such parties.
SECTION 4.
All members of the Executive Council shall have equal vote except the National Director, who shall abstain from voting, except where needed to break a tie veto. The Council by majority vote or the National Director may put before the membership a referendum on any matter they so desire. Once a referendum is voted upon, the National Director and/or the Executive Council shall abide by the majority vote on said referendum. All National Referendums shall be handled at Local levels in accordance with Local by-laws, end tally sheets shall be immediately forwarded to National Headquarters by tellers after the count.
SECTION 5.
The Executive Council shall have the power to authorize the National Director to buy, lease, or rent properties and equipment in the name of the Association, and dispose of such property or equipment as required for the operation of the Association. The Council shall have full control of all monies and properties and all such assets not being loaned or appropriated for any other than the legitimate purposes of the Association.
SECTION 6.
Any member of the Executive Council missing three (3) successive regular meetings of the Council and not incapacitated due to personal medical reasons, or not on official Association business, shall have his seat declared vacant by the National Director, and such seat shall be filled as outlined in Article IV of his Constitution.
SECTION 7.
AMFA Structure Organizational Chart: UNDER CONSTRUCTION
ARTICLE IV
* * ELECTION OF NATIONAL OFFICERS * *
SECTION 1.
Nominations shall be called for at a Convention to be convened on the first Monday in the month of MAY in the year 1979, and every fourth (4th) year thereafter. The following officers will be nominated and elected tar a term of four (4) years; National Director, Assistant National Director, National Secretary, National Treasurer, National Safety & Standards Director, National Industrial Safety Co-ordinator, National Maintenance Standards Co-ordinators, Regional Directors, Regions I, II, Ill, Division Co-ordinators, Regions I,II,III.
SECTION 2.
To qualify for these positions, a member must be a member in good standing, an active member or associate member tar a period of not less than two (2) years, except for the first election, end shall be free 01 all assessments and fines to the National and Local.
SECTION 3.
All Locals shall have the right to place the name of any member in nomination. Upon the call for nominations from the chair, a roll call vote of all Locals shall be held. When a Local receives the call, the names of the candidates will be put in nomination. No Local delegation shall be entitled to nominate more than one (1) candidate for each Office. A Local shall nominate a candidate for Regional Director only for the Region in which the Local is located.
SECTION 4.
For the purpose of nominations, the delegates from each Local shall vote as a block, as per dictates of the Local membership. If no such mandate is made by the Local membership, the delegates shall be empowered to place in nomination and/or second the nomination of any candidate so decided by the majority of the delegates. In the event a majority vote of said delegates cannot be obtained, no name shall be submitted, nor any second made.
SECTION 5.
The National Secretary shall upon completion of the nominations notify all candidates of the results of such nominations. All nominees shall, within ten (10) days after receipt of notification,
inform the National Secretary by mail of their acceptance or refusal of the nomination. Enclosed with the acceptance shall be a statement from the nominee’s Local Secretary stating that the nominee is duly qualified for Office under the provisions of this Constitution. The National Secretary shall also cause to be printed in the next issue of’ the "Grapevine" the complete tabulation of the candidates and nominees and the results.
SECTION 6.
Upon the compliance of the foregoing provisions, the National Secretary shall prepare the ballot and have printed thereon the names of all the nominees with the Local number of which the respective nominees are members. Ballots shall be so arranged that voters may indicate their choice by marking an (X) opposite the names of those for whom they wish to record their vote. The ballots shall also have a detachable piece on which the voter shall fill in his name, address, Local number, and card number. The rest of the ballot shall remain unidentifiable. The ballot shall be affixed with the Association emblem and no other ballot shall be used.
The National Secretary shall supply each Local with sufficient quantities of such ballots together with an original and a duplicate tally sheet before July of the election year. Local tellers shall be responsible for distribution of subject ballots and handling of official tally sheets (original tally sheet to be returned to a controlled U.S. Post Office Box in the city where the National Headquarters is located. Duplicate copy of tally sheet to be retained for Local record). Subject ballots shall be returned by the members to the controlled U.S. Post Office Box in the city where the National Headquarters is located.
SECTION 7.
Before July of the election year, each nominee for the highest office being elected in which there are two or more nominees shall select a teller for the election. The tellers thus selected shall employ a Certified Public Accountant from the city in which the National Association is located to act as Chairman of Tellers. The Tellers shall be compensated for their time and travel as outlined in Article VI, Section 8. The Certified Public Accountant shall be paid by National Funds.
SECTION 8.
On the first Monday of September of the election year, the election tellers, together with the Certified Public Accountant (all must be present), shall meet at the location of the controlled U.S. Post Office Box, and upon proper identification, demand all contents. The tellers shall have full charge of counting the votes and have the power to adopt rules to govern their work, hear complaints, and render decisions in accordance with this Constitution. The tellers shall count and tabulate the ballots and render a report containing a detailed statement of the ballots cast for each nominee. The report shall also show all contested votes and all irregular ballots. This said report shall be published in its entirety in the next issue of the "Grapevine."
SECTION 9.
The nominees receiving the highest number of votes for each office shall be declared duly elected by the tellers.
SECTION 10.
In case that candidates for any office receive an equal number of votes, their names shall be resubmitted in accordance with Section 6 of this Article, and such procedure shall be continued until one of the nominees shall receive a greater number of votes. If a nominee is not elected to an office, the incumbent shall retain the office until the successor is elected.
SECTION 11.
Only members in good standing shall be allowed to vote in any election. A notification of the time of the election shall be mailed to the last known home address of all members, not less than twenty-five (25) days prior to the Election.
SECTION 12.
A request for an absentee ballot must be written and mailed or delivered to the Local Secretary not later than ten (10) days prior to the Election.
SECTION 13.
Three (3) tellers shall be elected by each Local prior to the election as provided by the By- Laws of the Local.
SECTION 14.
Only one (1) choice for each office shall be indicated, and no write in or proxy vote shall be allowed. Any ballot not conforming to the provisions as outlined in this Article shall not be tabulated.
SECTION 15.
All respective records and ballots shall be retained by the Local and National Secretary for a period of one year. Any member in good standing may protest the election of any officer by filing in writing a notice of his protest, specifying the reasons therefore, each element of which must be separately stated, with the National Director within ten (10) days of the announcement of the election results. The National Executive Council shall decide by majority vote on the validity of any protest. If the Executive Council decides the protest is valid, a new election will be held for the position protested. If the Executive Council decides the protest is warranted, the election shall be upheld. Pending a decision of the Executive Council, the incumbent shall retain the office protested. The decision of the National Executive Council shall be final and binding.
SECTION 16.
Newly elected Officers shall be installed in Office for a term of four (4) years on the first Monday in October of the election year with the oath of Office given by the Incumbent National Director.
SECTION 17.
The National Director, with approval of the National Executive Council, shall fill by appointment any vacancy of a National Office within 30 days of said vacancy. Such appointment shall be valid until the next Convention, at which time nominations shall be called for and the election procedure as outlined in the Article shall be followed to fill such Office. The appointee must be eligible to hold Office as required in Section 2 of this Article.
SECTION 18.
In the event of the simultaneous vacancies of the National Director and Assistant National Director, such offices shall be filled through appointment by the National Executive Council for the term as outlined in Section 17.
SECTION 19.
When the Secretary and/or Treasurer’s duties require that an assistant to that position would be in the best interest of the Association, the affected officer(s) and the National Executive Officer will do the following:
The appointee will perform all Secretary/Treasurer duties of that position, except that of voting by the National Executive Council.
ARTICLE V
* * NATIONAL CONVENTIONS * *
SECTION 1.
Between National Conventions, the National Executive Council shall have all executive and judicial powers of the National Association.
SECTION 2.
On the first Monday during the month of MAY of every fourth year, a National Convention shall be held in a location and city selected by the National Convention Delegates in numerical progression by region. Notice of such convention shall be given to each Local by the National Secretary not later than the first day of February of the Convention year. In case of an emergency, the National Executive Council may. on its own initiative, or having an endorsement of at least fifteen percent (15%) of all Locals, submit a call for a Special Convention. It shall convene at such a date as most practical to meet the emergency.
SECTION 3.
In no event shall more than one (1) National Convention be held in any calendar year, without approval of no less than fifty percent (50%) of all Locals in good standing.
SECTION 4.
The purpose of the National Convention shall be to submit for approval of the Local delegates all changes, revisions, and amendments to the Constitution of the Association. All proposed changes, revisions, and amendments to the Constitution, if adopted by the Convention Delegates, shall then be submitted to the membership through the referendum for their approval. No changes,
revisions, and amendments to the Constitution shall be made at any other time other than the National Convention of the Association, or a Special Convention so called for that purpose, subject to the provisions of Section 2 of this Article, nor shall a National Officer or Member of the National Executive Council be entitled to serve as a Delegate to such Convention.
SECTION 5.
Upon notification from the National Secretary of such Convention. the Locals shall call for an election at delegates, and immediately thereafter, the Local Secretary shall forward the names, addresses, and card numbers of all delegates and alternate delegates to the National Secretary. Such elections shall take place within sixty (60) days of notification.
Locals organized one-hundred-twenty (120) days prior to the opening date at the Convention may elect delegates and alternate delegates. Locals that receive their Charter after said one- hundred-twenty (120) days shall not be entitled to representation at the Convention. The National Secretary shall prepare and forward a complete list of all elected delegates and alternate delegates along with their Local number to all Locals thirty (30) days prior to the opening of the Convention. He shall also mail to each delegate a copy of the officers report so that it will be in the hands of the delegates at least ten (ID) days prior to the opening of the Convention.
SECTION 6.
Delegates to the National Convention shall have been in good standing in the Local from which elected for one (1) year prior to their election (this qualification does not apply to newly chartered Locals as defined in Section 5 of this Article) and free from delinquencies of any nature, and be an active member of the Association for one (1) year prior to the opening date of the Convention.
SECTION 7.
Each Local in good standing and free of delinquency of any nature to the National within ninety (90) days prior to the opening date of such Convention shall be entitled to be represented by one delegate. Locals having more than two-hundred-fifty (250) members shall be apportioned as follows:
250 to 500 Members one (1) additional delegate
501 to 800 Members two (2) additional delegates
801 to 1300 Members three (3) additional delegates
1301 to 2000 Members four (4) additional delegates
2000 and above five (5) additional delegates
Each Local of more than two-hundred-fifty (250) members represented at the Convention by a delegate shall be entitled to one vote for each delegate. The number of delegates and votes each Local is entitled to shall be computed upon the total membership of said Local as of the first day of January of the Convention year.
SECTION 8.
The transportation of one (1) delegate from each Local which has been in good standing with the National for one year prior to the opening date of the Convention, who is accepted and seated as a delegate (except in Locals less than one (1) year old in which the time will be waived), shall be paid by the National upon presentation of the bill by the Local in an amount equal to the cost of the round trip fare.
SECTION 9.
A Rules Committee may be selected by the outgoing delegates at the National Convention. If the Rules Committee has not been selected or a vacancy occurs, the National Director shall fill the vacancy or vacancies by appointment not later than eight (8) weeks prior to the opening date of the next Convention for the concern of Constitutional changes. Other Committees necessary for conducting business of the Convention not provided for may be appointed by the Executive Council with the approval of the Convention.
SECTION 10.
Order of business at the National Convention shall be:
(1) Pledge to the Flag.
(2) Reading of the Convention Call.
(3) Address by the National Director.
(4) Appointment of the Rules Committee.
(5) Address by the guest speaker(s).
(6) Report of the Rules Committee.
(7) Appointment and approval of other Committees.
(8) Report of other Committees.
(9) Nominations for National Officers (it required).
(10) New business.
(11)Closing report by the National Director.
SECTION 11.
All questions on parliamentary law and rules of order not specifically provided for in the Constitution shall be decided according to the principles laid down in "Roberts Rules of Order," revised.
SECTION 12.
All Locals shall have proposed amendments to the Constitution in the hands of the Rules Committee twenty-one (21) days prior to the opening dab of the Convention. All proposals received after such date shall not be accepted and will be returned to the Local and the Local shall forfeit its right to submit any proposals to the Rules Committee or on the Convention floor. No proposed amendments to the Constitution shall be accepted on the Convention Door.
SECTION 13.
The Rules Committee shall consist of five (5) members of which no more than one (1) member can be selected from any one (1) airline. Those Delegates shall be called in by the National Director within seven (7) days before the Convention convenes for the purpose of considering such proposals as may come properly before the Convention and shall report their findings as soon as possible to the National Secretary. The Committee shall rule on all Constitutional proposals and shall reject any that are not in conformance with the constitutional guidelines as specified by Article I. Section 9. For faithful performance of their duties, each delegate shall receive fifty dollars ($50.00) per day for meals and lodgings, plus actual lost time from their employment. The expense of the Rules Committee shall be borne by the National Headquarters.
SECTION 14.
All proposals shall bear the Rules Committee’s recommendations and shall be so stated on the Convention floor, along with reasons for such recommendations, including changes to Constitution made necessary by a proposal being submitted to the Convention. All proposals received and processed shall be published and distributed to all delegates; proposals that are unconstitutional shall not be accepted for processing and will be returned to the Local stating reasons for non-acceptance.
SECTION 15.
The National Secretary shall keep minutes of the Convention and shall publish in the "Grapevine" all proposed amendments to the Constitution, along with the minutes found to be of importance to the membership at large. A complete text of the Convention along with the minutes shall be mailed to each Local within thirty (30) days after the close of said Convention.
ARTICLE VI
* * NATIONAL FINANCES * *
SECTION 1.
The National Executive Council shall have the full control over all assets and monies of the Association. The Executive Council shall approve all budgets, contracts, and sales or purchases or leases of all properties of the Association, including like transactions at Locals.
SECTION 2.
The National Treasurer shall deposit all funds received in such bank or depository as approved by the National Executive Council. All checks, drafts, or orders for withdrawal or transfers of monies shall be signed by the National Treasurer and countersigned by the National Director. In the absence of the National Director and/or the National Treasurer, the senior ranking National Executive Council Members may act as signators.
SECTION 3.
A per capita tax on all active members shall be due to the National Treasury before the tenth (10th) of each month. The amount of the per capita tax shall be 50 % of 2 times the base hourly wage of all active members. 50 % of 2 times the base hourly wage of all active members shall be retained by the Local as Local dues. Active Membership over 3500 members, the 50% will revert back to 66 2/3%. The Locals shall retain 50%of an initiation fee of one-hundred dollars ($100.00). 50% of this fee shall be forwarded to the National Treasury. The Locals shall retain 50% of a re-instatement fee of twenty-five dollars ($25.00). 50% of this fee shall be forwarded to the National Treasury. The dues of inactive members shall be retained by the Locals. All initiation fees are hereby waived for all newly organized members who join AMFA.
SECTION 4.
At such times as deemed feasible by the National Executive Council, fifty cents ($.50) per member per month of Nationals existing per capita tax shall be deposited in a special fund by the National Treasurer. This fund shall be a strike fund and shall be used for no other purpose with the maximum amount of $100,000.00. If the fund drops below the $100,000.00 and any members of the Association are on strike authorized by Article XV an assessment of two dollars ($2.00) per month per non-striking member shall be levied until such time the fund reaches the maximum.
SECTION 5.
Each Local Treasurer shall submit a list of members with the appropriate monies due to the National Treasurer on or before the tenth of each month. In the event of dues check-off being made by an employer, with such dues being paid to the National Treasurer, the Local Treasurer shall submit the aforementioned list with the members who have their dues paid by check-off so indicated and a bill for the amount due to the Local,
SECTION 6.
No other fees or assessments shall be levied without approval by secret ballot of the majority of the membership voting. Such monies shall only be used for the purpose as stated on the referendum.
SECTION 7.
The National Treasurer shall, with the approval of the Executive Council, arrange with a bonding company for the bonding of such Officers and employees as required by the law. The amount of bond shall be set by the Executive Council but shall in no case be less than required by the law. The cost of such bonding shall be paid by the Association.
SECTION 8.
Expenses incurred by an Officer, representative, or member while on Association business as authorized by the National Director or the Executive Council shall be advanced or reimbursed by the Association. Allowable expenses shall include transportation and any pay for work actually lost, computed in accordance with the applicable agreement. Expenses for lodging and meals shall be set at seventy-five dollars ($75.00) per day. Expense reports shall be submitted to the National Treasurer by the first of every month.
SECTION 9.
The salaries of full time National Officers shall be based on percentages of the aircraft technician’s average salary (including license premiums, night differential, and cost of living allowances) as follows:
National Director 200%
Asst. National Dir. 185%
National Secretary 180%
National Treasurer 180%
Regional Directors 150%
Safety & Stand. Dir. 160%
Indus. Safety Coord 155%
Maint. Stand. Coord. 155%
Division Coord. 150%
National Officers will be paid in twelve (12) equal payments on the 1st and 15th of each month for each six (6) month pay period. Salaries will be computed semiannually on December 31st and June 30th for the succeeding pay period.
The Association will pay the premium of health, welfare, and pension benefits of full time National Officers, in amount enjoyed by the membership represented by the Association. This will be reviewed each January 15th.
SECTION 10.
Until such time as the Executive Council installs all the National Officers on a full time basis, the pay for part time work by National Officers shall be classification base pay. Officers shall be paid the percentage as outlined in Section 9 of this Article multiplied times the hours of work. The work schedule of such Officers shall be drawn up by the National Director and approved by the Executive Council. The maximum part time pay to be paid to any National Officer shall be the amount of the maximum social security base for computing taxes and benefits.
SECTION 11.
Each Regional Director shall submit a budget for operating expenses for his office every three (3) months to the National Treasurer. Upon approval of the National Executive Council, the National Treasurer shall execute payment of each budget.
SECTION 12.
The National shall cause a quarterly financial report to be sent to each Local every three (3) months, Each member of the National Executive Council shall also receive said report.
ARTICLE VII
* * RECALL OF NATIONAL OFFICERS * *
SECTION 1.
A Local may initiate a petition for the recall of any National Officer whose view or actions, in the opinion of the Local, are contrary to the goals of the Association. The petition shall contain specific charges against the officer and shall require the endorsement affixed to the petition of twenty-five percent (25%) of the Locals in good standing. In the case of a Regional Director, the petition shall require a twenty-five percent (25%) endorsement of the Locals within the region. In the case of Division Co-ordinators, the petition shall require twenty-five percent (25%) endorsement of that Division’s Locals within the region.
SECTION 2.
The Executive Council may seek the recall of any National Officer by a majority vote of its members calling for a recall petition. Specific charges shall be drawn up and signed by the members of the Council seeking recall and presented to the National Secretary.
SECTION 3.
Upon receipt of the petition, the National Secretary shall immediately furnish the Officer whose recall is sought with a correct copy of the petition including the Locals or the members of the Council endorsing the petition. Within fourteen (14) days after the receipt of the copy of such petition, the Officer shall file a written statement of defense with the National Secretary.
SECTION 4.
The National Secretary shall within thirty (30) days send to all Locals copies of the petition and the defense statement together with a call for a referendum for the recall or retention of said officers. Only active and associate members in good standing shall be allowed to vote in such referendum.
SECTION 5.
Upon tabulation of the vote, if the membership calls for the recall of such Officer by majority vote, the Officer whose recall is sought shall be removed from office immediately. The office shall be declared vacant and the office shall be filled as outlined in Article IV of this Constitution. In the event such Officer is the National Director, the Assistant National Director shall assume the National Directors office and the Assistant National Director’s office shall be declared vacant.
SECTION 6.
If the Officer whose recall is sought receives a majority of affirmative votes, he shall retain his office.
ARTICLE VIII
* * LOCAL CHARTERS * *
SECTION 1.
All sections of this Article shall apply to Airline Technical Division Locals and General Aviation Technical Division Locals.
SECTION 2.
In localities where there are a sufficient number (to be determined by the National Executive Council) of Aircraft Technicians and/or ground support personnel, as outlined in Article I, Section 2, and who qualify for membership in the Association as described in Article XIII, a Local may be organized and apply for Charter under the Constitution of this Association.
SECTION 3.
All applications for Charters shall be presented to the National Director along with all initiation fees and dues, plus a copy of the by-laws of the proposed Local. Upon approval of the application and the by-laws, the National Director shall issue a Charter.
SECTION 4.
A Local shall consist of not less than twenty-five (25) members in a locality who are actively engaged in aircraft maintenance and/or ground support for any certificated commercial Air Carrier, and/or General Aviation Operator, except in the event the Local is beyond fifty (50) miles from their residence. If due to transfer, resignation, relocation of work, or any other reason a Local ceases to represent at least fifteen (15) members, it shall forfeit its Charter.
SECTION 5.
In the event a Local loses its Charter as described in Section 4, the members shall be placed under the jurisdiction of the nearest Local.
SECTION 6.
All monies belonging to the dissolved Local shall remain in the dissolved Local.
SECTION 7.
Upon approval of Charter from the National Director such Local will call for election of all Officers as described in Article Xl within two (2) months from receipt of such Charter.
SECTION 8.
The National Director shall take charge of all funds and properties belonging to the Local which has lost its Charter through revocation, lapsing, expulsion, or disbanding. All such funds and property shall be held intact by him for a period of one (1) year. If within that period application is made for a Charter by the members in good standing in that locality as described in Sections 3 and 4 of this Article, the National Director may, with approval of the National Executive Council, reissue a Charter and return all funds and property thereto. In the event that such Charter is not applied for within this period, all funds and monies become the property of the National Association.
SECTION 9.
A Local shall be subject to revocation or expulsion for any of the following actions or omissions:
(1) Failure to perform duties as provided in this Constitution.
(2) Violation of any provisions of this Constitution.
(3) Insubordination with respect to valid orders or directives of Officers and/or Convention of the National Association.
(4) Circulation of libelous or slanderous statements concerning any officers or members of this Association.
(5) Failure to otherwise carry out the legitimate objectives of this Association.
SECTION 10.
The following actions or omissions shall constitute misconduct by any Officer of a Local which shall warrant a reprimand, removal from office, or disqualification from holding office for a period of not more than three (3) years suspension from office, or any combination of penalties as the evidence may warrant. Incompetence, negligence, or insubordination in performance of duty or refusal or failure to perform duties validly assigned.
SECTION 11.
Whenever the National Executive Council suspends a Local as described in Section 9, pending final disposition of such charges, suspension order shall be sent by registered mail to such Local together with a full statement of the charges upon which suspension is predicated. During the suspension of a Local pending the disposition of the charges, the Local shall be under the supervision of the National Director or the Regional Director within that Region. During such period, the Local shall function only in those capacities that serve the best interests of its membership. Locals under suspension shall not be entitled to send delegates to the Convention, but shall otherwise participate in elections during the period of suspension. A hearing shall be held before the National Executive Council within thirty (30) days of any suspension, at which time the Local can present its defense. The decision of the Executive Council shall be final and binding.
SECTION 12.
The establishment of Local jurisdiction resides solely with the National Director.
To better facilitate representation of members, the National Director may assign member(s) from a city where a Local has jurisdiction to a Local in another city.
Locals will be made up of member(s) only within their airline, provided that this paragraph does not violate Article VIII.
ARTICLE IX
* * RULES OF ORDER & LOCAL GOVERNMENT * *
SECTION 1.
All sections of this Article shall apply to the Airline Technical Division Locals, and General Aviation Technical Division Locals.
SECTION 2.
(A) Each Local may adopt its own by-laws providing that such By-Laws are not contrary to the provisions of this Constitution. All Local by-laws and proposed amendments to By-Laws will be submitted to the National Director for approval before being adopted.
(B) The National Director, upon approval of such by-laws and/or amendments, shall state the date such by-laws and/or amendments shall take effect.
SECTION 3.
(A) Each Local shall establish and maintain an Executive Council which shall consist of: President, Vice President, Secretary, Treasurer or a Secretary/Treasurer. a Safety & Standards Chairman, plus two (2) additional seats shall be made available if so desired through Local By- Laws. In no event shall the Executive Council exceed more than nine (9) persons or have less than five (5) persons.
(B) The Executive Council of each Local shall execute and cause to be filed all financial and other reports on behalf of the Local which may be required by civil law to be prepared and signed by all members of this Local Executive Council. This Council shall also make available the information contained in such reports to the membership of their Local in such form and manner as shall constitute compliance with legal requirements.
(C) Two thirds (2/3) of the members of the Executive Council shall constitute a quorum. This Council shall meet not less than once a month and shall act as governing board for the Local between meetings.
(0) This Council shall make arrangements to keep the membership informed of all latest developments within the Association. They shall be the final say as to the disposition of a grievance when a dispute arises within the guidelines of Article XV. Section 10.
(E) Upon request of any member in good standing, the Executive Council will make available two (2) additional seats at the
Executive Council meeting. The member or members occupying such seats will conduct themselves in an orderly manner. They shall be allowed the right to question and discuss all matters opened for debate by the Council. Such member or members will not have a vote, and shall he removed from the room if found to be disorderly by the Chairman.
SECTION 4.
(A) Locals shall procure a seal from the National Secretary, which seal shall be made in accordance with the design adopted by the National Association. The Local Seal shall remain in the custody of the Secretary, and no paper, document or communication issued by the Local shall be valid unless it bears the impression of said seal.
SECTION 5.
(A) Each Local shall hold no less than one (I) membership meeting every quarter. Local by-laws shall specify the number of regularly scheduled meetings to be held during each quarterly period. Meetings shall be scheduled as to provide all members equal opportunity to attend.
(B) Each Local shall through its by-laws determine the number of members that will constitute a quorum by the minimum requirements as follows:
- For Locals with less than 250 members - not less than 3
- For Locals with more than 500 members - not less than 5
- For Locals with more than 750 members - not less than 7
- For Locals with more than 1000 members - not less than 10
- For Locals with more than 1250 members - not less than IS
- For Locals with more than 1500 members - not less than 15
- For Locals with more than 1750 members - not less than 17
- For Locals with more than 2000 members - not less than 20
Special meetings may be called by the President with approval of the Executive Committee, or by written request at fifteen percent (15%) of the membership. In Locals having less than one-hundred-fifty (150) members, no less than ten (10) members shall be able to request such meeting.
(1) Pledge to the Flag.
(2) RoIl call of Officers and identification of non-members.
(3) Reading of minutes and correspondence.
(4) Applications for membership and withdrawals.
(5) Report of the Treasurer. (6) Report of the President.
(7) Report of Committees. (8) Unfinished business.
(9) New business.
(10) Adjournment.
SECTION 6.
SECTION 7.
MOTION
DEBATE
appeal without further debate, and it shall require a majority to sustain the appeal.
PRIVILEGE QUESTIONS
(a) To adjourn.
(b) To lay on the table.
(c) For the previous question.
(d) To postpone to a given time.
(e) To refer or commit.
(f) To amend.
These motions shall have precedence in the order herein arranged. The first three (3) of the motions are not debatable.
(a) Amendment to the amendment.
(b) Amendment.
(c) Original proposition.
(a) When a member has the floor.
(b) When members are voting.
ARTICLE X
* * LOCAL OFFICERS AND DUTIES * *
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
In order to insure proper representation and where Local structure needs representation expansion, the Local Executive Council, at their discretion, can propose a Local By-Law change to implement an Area Representative(s) who shall represent and serve the out-lying station membership of that Local. The Area Representative(s) shall be nominated and elected by the respective members of the airline involved in the areas so designated by the Local Executive Council. The Area Representative(s) shall come under the jurisdiction of the Local Executive Council and receive instructions and duties from the Local Airline Representative.
SECTION 5.
The Local Executive Council may also, at their discretion, propose a Local By-Law change to provide for a Local Airline Safety and Standards Co-ordinator and Industrial Safety and Maintenance Standards Committee Chairman.
ARTICLE Xl
* * ELECTION OF LOCAL OFFICERS * *
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
In Locals having four (4) delegates or greater, not more than two (2) members of the Executive Council shall be entitled to serve as delegates. In Locals having less than four (4) delegates, not more than one (1) member of the Executive Council shall be entitled to serve as delegates.
SECTION 5.
SECTION 6.
Any member in good standing may protest the election of any Officer or delegate by filing in writing a notice of his protest, specifying the reasons therefore, each element of which must be separately stated, with the National Director within ten (10) days of the announcement of the election results. The National Executive Council, excluding any member whose election is being protested, shall decide by majority vote on the validity of any protest. If the Executive Council decides the protest is valid, a new election wilt be held for the position protested. lithe Executive Council decides the protest is not warranted, the election shall be upheld. Pending a decision of the Executive Council. the incumbent shall retain the office protested. The decision of the National Executive Council shall be final and binding.
|
ARTICLE XII
* * LOCAL FINANCES * * SECTION 1. The Local Executive Council shall have full control over all assets and monies of the Local. The membership shall approve all sales & purchases of the Local subject to Local by-laws. SECTION 2. The Local Treasurer or Secretary/Treasurer shall deposit all funds received in such bank or depository as approved by the Local Executive Council. All checks, drafts, or orders of withdrawal or transfer of such monies shall be signed by the Local Treasurer or Secretary/Treasurer and countersigned by the Local President. SECTION 3. A per capita tax on all active members shall be due to the National Treasury before the tenth (10th) of each month. The amount of the per capita tax shall be 50 % of 2 times the base hourly wage of all active members. 50% of 2 times the base hourly wage of all active members shall be retained by the Local as Local dues. Active Membership over 3500 members, the 50% will revert back to 66 2/3%. The Locals shall retain 50% of an initiation fee of one-hundred dollars ($100.00). 50% of this fee shall be forwarded to the National Treasury. The Locals shall retain 50% of a re-instatement fee of twenty-five dollars ($25.00). 50% of this fee shall be forwarded to the National Treasury. The dues of inactive members shall be retained by the Locals. All initiation fees are hereby waived for all newly organized members who join AMFA. SECTION 4. A financial statement shall be issued by the Local Treasurer every ninety (90) days, and shall be presented to the membership at the regularly scheduled meetings for their approval. This financial statement shall contain the following:
SECTION 5. No other fees, dues or assessments of any kind besides those stated in Section 3 of this Article shall be levied without prior approval by secret ballot of the majority of the membership voting. Such monies shall only be used for the purpose as stated on the ballot. No assessment shall be imposed in excess of five dollars ($5.00) per month, nor shall any fines be levied in excess of five-hundred dollars ($500.00). SECTION 6. Expenses incurred by an Officer, representative, or member while on Local business as authorized by the members shall be reimbursed by the Local. Officers, representatives, or members on National Association business shall be reimbursed to the Local by the National Association. Allowable expenses shall include any pay for work actually lost, computed in accordance with applicable agreement. Expenses for lodging and meals shall be set at one-hundred dollars ($100.00) per day. Expense reports shall be submitted to the Local Treasurer by the first of every month. SECTION 7. Each Local may set aside a percentage of its dues to be known as an emergency fund. To adequately maintain such a fund, a Local may increase the dues rate on all members under its jurisdiction for a specific time which shall not exceed two (2) years. Such increase in dues must be approved by the majority of members voting. There shall be no more than one such increase in any one (1) year. No money shall be voted out of this fund except by a two-thirds (2/3) majority vote of the members present at a special meeting called for such a purpose. SECTION 8. Each Local may establish a welfare fund for the benefit of all its members. Not more than five percent (5%) of all dues collected shall be used for such purpose. A minimum and maximum shall be placed on the fund, and these limits shall not be exceeded. When the fund has reached a maximum, said monies may be used for other purposes, but the monies in the fund shall only be used for welfare as described in the Local by-laws. SECTION 9. Three (3) auditors shall be elected at the regular membership meetings in the months of December and June of each year. They shall examine the books of the preceding six (6) months and a copy of their findings shall be sent to the National Treasurer within thirty (30) days after completing audit. |
ARTICLE XIII
* * MEMBERSHIP * *
SECTION 1.
As pursuant to Article I. Section 2 of this Constitution, any individual may be admitted for membership upon paying the required fee and assuming the obligations of this Association.
SECTION 2.
All applications for membership shall be on a standard form provided by the National Secretary.
SECTION 3.
Any applicant who is a member of the Communist Party or encourages communism, fascism, Nazism, or any other totalitarian philosophy or supports any subversive organization shall not be considered for membership.
SECTION 4.
Any applicant who has falsified his application for initiation or reinstatement shall be fined or suspended at the discretion of the Local of which they are members after charges and trial for misconduct as provided for in Article XIV.
SECTION 5.
Every member of this Association shall receive a membership card which shall bear numbers designated by the National Association and shall be free of all charges. It shall be the obligation of each member to see to it that his credentials are kept in good order and up-to- date.
SECTION 6.
A member of this Association shall accept and agree to abide by the Constitution and by-laws of the Association as they are in force at the time he is accepted for membership, or as they may be thereafter amended, changed, modified, or adopted by the members. All new members shall be provided with a copy of the Constitution and they shall take oath in the prescribed manner to support this Constitution when they become members at a Local meeting.
SECTION 7.
Members shall discourage the working of overtime especially when fellow members are furloughed.
SECTION 8.
Each applicant for membership shall be thoroughly investigated by the Local Secretary with the aid and advice of the Local Executive Council having jurisdiction. Acceptance or rejection to membership shall be determined by the members with the recommendation of the Secretary. The Executive Council shall be notified immediately upon his acceptance or rejection. Upon his acceptance, he may become a member.
SECTION 9.
There shall be four (4) classes of membership:
1. ACTIVE 3. INACTIVE
2. ASSOCIATE 4. HONORARY
SECTION 10.
In the event a member chooses to withdraw from this Association due to taking a position in management or seeking employment in a field not represented by this Association, he may request an honorary withdrawal card from the Association. Request for such a card shall then be presented to the membership for their approval. Any member issued a withdrawal card by the Association shall be entitled to return to the membership of the Association with a reinstatement fee of twenty-five dollars ($25.00).
SECTION 11.
Any member of this Association shall be entitled to transfer to another Local if such transfer is due to job relocation. No new initiation tee shall be levied by the Local. II said member shall have paid his dues one (1) or more months in advance, such monies shall remain the property of the Local from which he is transferring. Members verified to be in good standing by the National Secretary shall immediately become members of said Local.
SECTION 12.
A member on notice of transfer to a new location due to relocation of employment shall notify the Local Treasurer. The member shall then contact the Secretary of the Local to which he is transferring who shall place the member’s name on file and issue the member a copy of the Local By-Laws.
SECTION 13.
If any member tenders a resignation to the Association after a strike vote has been taken and voted upon affirmatively, his resignation will not be effective until termination of the strike, or, in the event that there is no strike, upon ratification of a collective bargaining agreement.
(A) During the period between the tender of resignation and the effective date of that resignation, the member shall have all the rights and obligations of membership.
(B) Any member who has tendered his resignation to the Association following an affirmative strike authorization vote may be readmitted to membership only upon approval of the Executive Council of the Local to which application is made. The Executive Councils of AMFA Locals may, among other things. require the re-applying member, either as a precondition to readmission or as an obligation imposed after readmission, to pay all dues and assessments that he would have paid had he not resigned, and reimburse the Association for the costs of a substitute picket during the strike period, or they may prescribe other conditions or limitations on the membership rights of a readmitted member.
ARTICLE XIV
* * RECALL OF LOCAL OFFICERS AND MEMBERSHIP TRIALS * *
SECTION 1.
Any Officer of the Local Association may be removed or recalled from office if he fails to perform duties as provided in the Constitution or violates any of the provisions of this Constitution. If he fails to act upon valid orders or directives of Officers and/or Convention of the National Association or any conduct unbecoming a Local Officer of the Association.
SECTION 2.
Recall of Local Officers shall be accomplished as follows: If twenty-five percent (25%) of the active members in good standing petition the Local President (Vice-President if the President is charged) requesting a recall, said Officer shall be relieved of all duties and responsibilities of that office within twenty-four (24) hours of receipt of petition, but shall not be relieved of his office or title. The President shall then appoint a trial committee to investigate the charges to decide if there is enough substance to warrant a trial. If a trial is conducted, the trial committee upon its completion shall present its verdict to the members. The members in good standing shall then, by ballot, vote upon the verdict of the trial committee. If the membership votes to accept his writing and under seal of the verdict, recall shall take effect immediately. If the members vote to reject his recall, said Officer shall immediately be reinstated to his duties and all money and salary shall be paid to him back to date of suspension from duty.
SECTION 3.
Any member may be fined, suspended, or expelled for any of the following reasons, after the charges and trial:
- Any member is subject to disciplinary action for any of the following reasons, after notice and trial as provided for herein:
- Entering the meeting hall under the influence of intoxicating liquids.
- Use of indecent or profane language during a meeting.
- Conduct disgraceful to himself and the Association.
- Performing the work of a member on strike, or otherwise working for an employer when AMFA or one of its Locals is striking that employer.
- Crossing an AMFA picket line or a picket line recognized and supported by AMFA or one of its Locals.
- Failure to perform picket line duty during a strike or to meet other similar strike related obligations imposed during the strike
- Acting in any manner to circumvent, defeat, or interfere with the collective bargaining between the Association and an employer with existing collective bargaining agreements.
- Acting in any manner which is against or derogatory to the best interests of the Association.
- Entering into any "Yellow Dog" contracts or any act which will be detrimental to the Association.
(a) AMFA. and its Local affiliates, are therefore authorized to discipline any member who resigns from AMFA after a strike vote has been taken and voted upon affirmatively, and who thereafter violates any one of the provisions in Section 3 (d through f) of this Article during any subsequent strike engaged in pursuant to that vote.
SECTION 4.
A charge or charges may be preferred against any member of this Association. All members active, associate, inactive, and honorary shall have the right to trial.
SECTION 5.
Whenever a charge is made against a member, the President shall supply the accused with the charges in writing and under seal. He shall appoint a trial committee to investigate the charges. If charges are found to be just, a trial date shall be set except that the National Director may. when he deems such action necessary in order to provide a fair trial or to protect the best interests of the Association, direct that the accused be tried either by a special committee designated for that purpose or by the National Convention.
SECTION 5.
In the event the President and Vice President are involved in charges, the next ranking Officer shall appoint the trial committee. For the purpose of this Article, the line of succession shall be President, Vice-President, Secretary, Treasurer or Secretary/Treasurer, Safety & Standards Chairman, and the most senior Airline Representative.
SECTION 7.
Whenever charges have been preferred against a member, that Local President shall appoint a trial committee of not less than five (5) members who are in good standing, one (1) of whom shall act as Chairman and one (1) to act as Secretary. The trial committee shall conduct an investigation of the charges to decide if there is sufficient substance to warrant a trial. If the committee decides a trial is warranted, the committee shall, within seven (7) days (calendar), notify the member of the charges arid when and where to appear for trial. The trial shall not be set for less than two (2) weeks after notification to allow the accused ample time to prepare his defense; however, a member by written request shall be granted up to a thirty (30) day postponement. If a member fails to appear for trial when notified to do so, the trial shall proceed as though the member were in fact present. The only exception to this rule shall be in the case where the accused member is hospitalized under the orders of a physician, in which case the trial may be postponed until thirty (30) days after the accused is discharged from said hospital.
SECTION 8.
Both the plaintiff and the defendant shall have the privilege of presenting evidence and being represented either in person or by his representative (the representative being a member of the Association). The trial committee shall keep a written record of the trial including all testimony and documents introduced either by the plaintiff or the defendant.
SECTION 9.
Trial procedures shall be as follows:
SECTION 10.
The trial committee, after considering all the evidence, shall arrive at a verdict of either guilty" or "not guilty’. If the verdict is that of guilty, the committee shall then recommend the punishment. If part of the punishment is "member in bad standing," the committee must define the "member in bad standing" status. Notice of the verdict shall be given to both the plaintiff end defendant in writing and under seal as soon as possible after being reached by the committee. The trial shall contain a synopsis of the evidence and testimony of both sides, together with the findings and verdict of the committee. After the report has been made as to the guilt or innocence of the defendant, the verdict shall be submitted without debate to a vote by secret ballot of all members in attendance. If the Local concurs by majority vote with the guilty verdict, a second vote shall be taken without debate upon the punishment recommended by the trial committee.
SECTION 11.
The penalty recommended by the committee may be amended, rejected, or another punishment submitted by a majority vote of the members present, except that it shall require a two-thirds (2/3) vote of those voting to expel a member from its Local. Disqualification from holding office as a penalty for misconduct shall not exceed two (2) years.
SECTION 12.
An appeal may be made to the National Director by either the accused or the one preferring the charges within forty-five (45) days alter the decision of the Local. Such appeal shall be made in writing and shall contain the grounds for such appeal. Any argument in support of the appeal may be enclosed if so desired by the appellant. Copies of the appeal shall be sent to the opposing party and said party shall have fifteen (15) days in which to reply.
The National Director shall obtain from the Local the complete transcript of the trial and shall make a decision based upon those records which shall be final and binding, unless further appeal is instituted. The decision of the National Director shall contain the findings, conclusions, and the penalty. When such an appeal is made to the National Director, he shall have full authority to affirm, modify, or reverse the decision of the Local, or call for a retrial before the Local, or to impose any penalty or fine which he deems is necessary and essential to the case of the Director may accord such a privilege. The National Director shall furnish each party to the appeal a copy of his decision in writing and under seal,
SECTION 13.
An appeal may be made upon the decision of the National Director or to the National Executive Council within forty-five (45) days of such a decision. The appeal shall be in writing and shall contain specific details and arguments in support of these grounds. The National Secretary shall notify the opposing party of the appeal and shall furnish said party with a copy. The opposing party shall have fifteen (15) days in which to file any written argument in opposition to the appeal with the National Secretary. The National Secretary shall then transmit to the Executive Council any arguments for or against the appeal along with the records of all previous hearings before the Local as well as those before the National Director, and the decision of the Council shall be based on those records. No party to the appeal shall have the right to appear in person before the Executive Council, but if the Council deems it necessary end essential to the appeal may accord such a privilege. No member of the Executive Council who has been involved in the case shall be entitled to participate in a decision on the appeal.
SECTION 14.
An appeal may be made from the decision of the National Executive Council to the National Convention within forty live (45) days of such decision. The appeal shall be in writing and shall contain specific details and arguments in support of the appeal. The National Secretary shall notify the Executive Council and the opposing party of such appeal and furnish them with a copy. Such parties may within fifteen (15) days file with the National Secretary a written argument against the appeal. The appeal shall then be referred to the Appeals Committee of the National Convention (as appointed by the National Director and approved by the Convention Delegates) and the National Secretary shall then transmit to the Appeals Committee any arguments for or against the appeal along with all records of all previous hearings, including the Local, the National Director, and the Executive Council The Appeal Committee shall then set a time and place to hear in person both parties to the appeal, then based upon all testimony and records shall make its recommendations to the Convention Delegates and shall contain its findings, conclusions, and recommendations and amend, accept, or reject their findings. The Convention Delegates shall be the only body within this Constitution to have the power to expel any member or Officer. The decision of the National Convention shall be binding and no other appeal is provided for in this Constitution.
SECTION 15.
No member while exercising his right to appeal shall have his financial standing impaired by refusal to accept dues nor shall any member or Officer of this Association resort to any court of law or any other civilian authority for the purpose of securing a decision in connection with any alleged grievance with the Aircraft Mechanics Fraternal Association until such party or parties have exhausted all rights or appeal as granted by this Constitution.
ARTICLE XV
* * CONTRACT NEGOTIATIONS AND GRIEVANCE PROCEDURES * *
SECTION 1.
Contract proposals shall be submitted in writing by the members to the Local President at meetings so stipulated for that purpose, and the Local Resident shall submit the proposals to the Local Proposal Evaluation Committee. The Committee proposals, endorsed by the membership at the next meeting, shall be submitted to the Negotiation Committee.
SECTION 2.
The Contract Negotiations Conference shall convene at least eight (8) months prior to the expiration date of a contract and shall include all the Regional Directors and/or Regional Co-ordinators involved, plus each Airline Representative involved. The cost of the Local Representative shall be paid by the Locals involved.
SECTION 3.
The Negotiating Committee shall be formed no later than ninety (90) days prior to the start of negotiations. The Regional Director selected by the Conference to chair the Committee shall be responsible for the details of the contract negotiations.
SECTION 4.
The National Director and Legal Counsel shall assist the Negotiating Committee in any manner he is able, as may be requested by such Committee. The Chairman of the Committee shall keep the National Director advised as to the progress of the negotiations.
At all negotiating sessions, there will be a minimum of two (2) negotiators present.
SECTION 5.
The Regional Director shall request the Local Presidents to call a special meeting of the members of the airline involved in the negotiations, contact ratification, or strike vote. At no time shall such meeting be called unless the members are notified at least twenty-four (24) hours prior to such meeting.
SECTION 6.
SECTION 7.
A strike shall only be called by the National Director upon the affirmative vote of a simple majority of the members voting at meetings as outlined in Section 5 of this Article.
SECTION 8.
The National Director shall declare a strike over upon the majority vote of the members voting at a meeting as outlined in Section 5.
SECTION 9.
Each Airline Grievance Committee shall consist of the Airline Representative(s) of the Local, The Chairman of the Committee shall be the Local President.
SECTION 10.
If a grievance cannot be resolved by the Airline Representative it shall be presented by him to the Chairman of the Committee. The Chairman shall convene the Local grievance committee (Executive Council) and together with the Airline Representative, Area Representative and other Airline Representatives, Shop Representative, and chosen legal counsel, they shall resolve the grievance by proper procedure.
SECTION 11.
Conferences or negotiations shall not be initiated, carried on, or concluded in the name of the Association or any member, group, or groups of members thereof to make or establish employment agreements relating to rates of pay, rules, or other conditions of employment, or any other agreements, contracts, or documents of a similar or related character, or any other form of agreements, contracts, or documents without the prior approval of the National Executive Council or the National Director. Any and all agreements, contracts, or documents of any and every character whatsoever shall not become effective, binding, or operative unless and until they bear the signature of the National Director or other officer duly authorized to sign by the National Executive Council.
AMFA National Constitution Convention Dates
The original AMFA National Constitution was adopted at the 11/63 National Convention.
The Constitution was subsequently amended on the following dates:
5/65,8/65, 11/67, 11/69, 5/71, 11/71, 11/73, 5/75, 11/77, 8/79, 8/83, 10/89, 12/96
This Constitution, therefore, reflects the latest amendments of the 12/96 AMFA National Convention.
NATIONAL DIRECTOR: O.V. Delle-Femine =S=
NATIONAL SECRETARY: Charles A. Marsichek =S=
End!