ILA Local 2038 By-Laws

(Revised January 23, 2008)
INTERNATIONAL LONGSHOREMEN'S
ASSOCIATION, AFL CIO
LOCAL 2038 GLDC ACD
BY LAWS

ARTICLE I
NAME AND EFFECTIVE DATE

The name of this Local Union shall be the International Longshoremen's Association, (ILA), Local 2038, Great Lakes District Council (GLDC), Atlantic Coast District (ACD), AFLCIO herein referred to as Local 2038 GLDC ACD.

These By Laws shall become effective immediately after ratification of the membership of Local 2038 GLDC ACD and its Division members, but shall be subject to approval of the International President of the International Longshoremen's Association, AFL CIO (ILA) and the ILA Executive Council.

ARTICLE II
JURISDICTION

Section 1. Local 2038 GLDC ACD's jurisdiction shall be as defined in its charter as granted by the ILA.

Section 2. Local 2038 GLDC ACD shall embrace all workers who are employed within the jurisdiction of Local 2038 GLDC ACD as defined within the various Working Agreements between the Employers and Local 2038 GLDC ACD. Local 2038 GLDC ACD will have the right to request from the ILA that the charter be amended to include new growth created from a merger, from organizing the unorganized, from acquired new operations, or from changed operations. Local 2038 GLDC ACD shall adopt by laws for its government as defined in Article XII, Section 5 of the ILA Constitution and Rules of Order.

Section 3. All workers described in Section 2 of this Article shall be affiliated with Local 2038 GLDC ACD as required by the Constitution and By Laws of the GLDC ACD and the Constitution and Rules of Order.

ARTICLE III
OBJECTS AND PURPOSES OF LOCAL 2038 GLDC ACD

The objects and purposes of Local 2038 GLDC ACD shall be as defined in Article IV of the ILA Constitution and Rules of Order and Article III of the GLDC ACD.

ARTICLE IV
MEMBERSHIP

Section 1. Membership in Local 2038 GLDC ACD shall be defined and governed by Article XIV of the ILA Constitution and Rules of Order.

Section 2. Any worker, who acquires thirty one (31) days of employment within the jurisdiction of Local 2038 GLDC ACD, shall be entitled to Union membership within Local 2038 GLDC ACD., with the right to vote in any general or special meeting of Local 2038 GLDC ACD and for any nominations and elections of Officers of Local 2038 GLDC ACD.

Section 3. When a group of individuals consistently has ten (10) or more members, they will then be established as a bona fide Division of Local 2038 GLDC ACD., whereas, they shall have the right to vote in any general or special meeting of their Division and for any nominations and elections of their Division Offcers.

ARTICLE V
OFFICERS

Section 1. The Membership of Local 2038 GLDC ACD and all Officers representing various divisions shall elect by secret ballot a President, Secretary Treasurer, and Business Agent. All Officers shall serve for a term of three years.

Section 2. The Executive Board of Local 2038 GLDC ACD shall consist of the President, Secretary Treasurer, and Business Agent.

Section 3. The Executive Board of the various Divisions shall consist of Local 2038 GLDCACD President, Secretary Treasurer and Business Agent along with the Vice President(s) and, Recording Secretary of the Division if any.

Section 4. The President, Secretary Treasurer, and Business Agent, by virtue of their elected office shall serve as delegates or as a representative for Local 2038 GLDC ACD at all meetings of state and national AFL CIO Conventions, ILA Conventions, Great Lakes District Council and Atlantic Coast District Conventions and all other organizations with which the local is or will be affiliated.

ARTICLE VI
NOMINATIONS AND ELECTIONS

Section 1. Nominations and elections of Officers shall be conducted pursuant to Article XIII, Section 1 of the ILA Constitution and Rules of Order.

Section 2. Local 2038 GLDC ACD's elections will be held in March of 2009 and each election year thereafter. The hours of voting shall be from 7:00 AM to 4:30 PM. Each member in good standing of Local 2038 GLDC ACD and all Officers representing various divisions shall be entitled to vote. No proxy vote or absentee ballot shall be permitted.

Section 3. All Officers of Local 2038 GLDC ACD and candidates for local office must be active members in good standing for not less than two years preceding the nomination.

Section 4. All Officers of Local 2038 GLDC ACD and candidates for local office shall be in compliance with Article XIII, Section 4 of the ILA Constitution and Rules of Order.

Section 5. The nominated candidate receiving the majority of the votes cast for that office shall be duly elected to that office. When there is a tie, a run off election among candidates with the same number of votes for the same position will be conducted within thirty (30) days.

Section 6. Local 2038 GLDC ACD's Division Officers' and Steward(s) elections will be held in following schedule;

a. Local 2038 GLDC ACD, Indiana Pickling (IPP) Division December of 2004 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, IPP Division, shall be one VicePresident and a minimum of one Steward per shift and not to exceed a total of three (3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.
b. Local 2038 GLDC ACD, Beta Steel (Beta) Division July of 2007 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, Beta Division, shall be one (1) First Vice President, one (1) Rolling Mill Vice President, one (1) Melt Shop Vice President, a Recording Secretary, three (3) Rolling Mill Stewards and two (2) Melt Shop Stewards, who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

c. Local 2038 GLDC ACD, Steel Warehouse Division December of 2004 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, Steel Warehouse Division, shall be, Vice President and a minimum of one Steward per shift and not to exceed a total of three, (3) Stewards, who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

d. Local 2038 GLDC ACD, Roll and Hold Division July of 2006 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, Roll and Hold Division, shall be one Vice President and a minimum of one Steward and not to exceed a total of three (3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

e. Local 2038 GLDC ACD, Feralloy Midwest Portage (FMP) Division January of 2007 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, FMP Division, shall be one Vice-President and a minimum of one Steward and not to exceed a total of three(3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

f. Local 2038 GLDC ACD, Tube City IMS Division August of 2007 and each election year thereafter
i. The Officers of Local 2038 GLDC ACD, Tube City IMS Division, shall be one Vice President and a minimum of one Steward and not to exceed a total of three (3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

g: Local 2038 GLDC ACD, Central Coil & Processing, (CCP) Division March of 2006 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, CCP Division, shall be, Vice-President and a minimum of one Steward per shift and not to exceed a total of three, (3) Stewards, who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

h. Local 2038 GLDC ACD, Feralloy Processing Company, (FPC) Division January of 2006 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, FPC Division, shall be one Vice-President and a minimum of one Steward and not to exceed a total of three(3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

i. Local 2038 GLDC ACD, Haas Environment, (Haas) Division January of 2007 and each election year thereafter.
i. The Officers of Local 2038 GLDC ACD, Haas Division, shall be one Vice-President and a minimum of one Steward and not to exceed a total of three(3) who shall be elected for a term of three (3) years and hold office until their successors are duly elected and installed.

j. All future Divisions of Local 2038 GLDC ACD shall elect their Division Officers in their inception year and shall than elect their Division Officer each election year thereafter.

Section 7. The hours of voting shall be from 7:00 AM to 4:30 PM. No proxy vote or absentee ballot shall be permitted.

Section 8. Any officer may be nominated and elected to succeed himself in office. There is no set successive number of terms that any officer may serve.

Section 9. Any member in good standing may file a Protest of Election. The protest must be filed in writing with the Local Secretary Treasurer within 10 days of said Election, and specify the reason for such protest. All parties will be given an opportunity to be heard and present evidence to the Executive Board, and after a decision is presented, any appeals must be filed within 10 days.

ARTICLE VII
DUTIES OF OFFICERS

Section 1. The duties of the President shall be as defined in Article XIII, Section 6 of the ILA Constitution and Rules of Order. In addition, the President shall act as follows:

(a) As Chairman, the President shall decide all questions of order without debate, subject, however, to an appeal to the membership.
(b) When a meeting of the membership is equally divided on a question, the President shall cast the deciding vote.
(c) The President shall have the authority to call special or regular meetings whenever the President deems it necessary, and/or when requested in writing by ten or more members in good standing. The request shall be for a special meeting and shall state the purpose of the special meeting.
(d) The President shall also perform such other duties as the membership may require.
(e) The President shall not take part in debates when presiding as chairman of a meeting, but will have the right to vacate the chair, temporarily, when the President wishes to take the floor to discuss and/or debate a question.
(f) The President shall represent Local 2038 GLDC ACD at meetings of the state and national AFL CIO conventions, ILA conventions, Great Lakes District conventions and all other organizations with which the local is affiliated.
(g) The President's compensation shall be set by the membership. In addition the President shall be reimbursed for all documented expenses incurred by him in the performance of his duties.
(h) The President will appoint active and qualified members in good standing to serve on Local 2038 GLDC ACD's committees.

Section 2. The duties of the Secretary Treasurer shall be as defined in Article XIII, Sections 9 and 10 of the ILA Constitution and Rules of Order. In addition, the Secretary Treasurer shall act as follows.

(a) The Secretary Treasurer, along with the President, and Business Agent, shall be one of the two (2) signatories who shall co sign all checks drawn upon the Local's treasury.

(b) The Secretary Treasurer shall make available to the Executive Board and the membership a financial report as to the status of all monies in the local's treasury at each Executive Board meeting and at each membership meeting and a detailed report after the annual audit.

(c) The Secretary Treasurer shall report and pay all required dues and monies to the Secretary Treasurer of the Great Lakes District Council and the Secretary Treasurer of the ILA.

(d) The Secretary Treasurer shall also perform such other duties, as the local may deem necessary.

(e) He may employ and discharge such office and clerical personnel as may be necessary in the operation of his office and he shall arrange for suitable quarter for his office.
(f) He shall retain the books and records of the Local in his custody, including vouchers, work sheets, receipts and applicable resolutions for a period of not less than five (5) years and ninety (90) days after the close of the fiscal year of the Local in which the books and records were made.
(g) The Secretary Treasurer's compensation shall be set by the membership. In addition, the Secretary shall be reimbursed for all documented expenses incurred by him in the performance of his duties.

Section 3. The duties of the Business Agent shall be to receive all correspondence on behalf of Local 2038 GLDC ACD and to answer said correspondence upon instruction by the Executive Board; and to conduct all business on behalf of the Executive Board and the membership.

(a) The Business Agent shall consistently work for the best interests of all covered employees in the bargaining unit(s) of Local 2038 GLDC ACD with regard to enforcement of collective bargaining agreements, in addition to any other issues that may affect the terms and conditions of employment and quality of life of the covered employees in the unit.
(b) The Business Agent shall oversee and be responsible for the proper handling of grievances, disputes, or other issues which are reported to Local 2038 GLDC ACD business office.
(c) The Business Agent shall sit in on all committee meetings and shall assist and serve as a channel of communication to said committees on behalf of the Executive Board, but shall have no vote on said committees. The Business Agent shall keep the minutes of all committee meetings and shall turn them over to the President.
(d) The Business Agent shall perform such other duties as the membership may require.
(e) To avoid interference with regard to the duties of the Business Agent and the Executive Board, any request made to the Business Agent or the Executive Board must be put in writing. With the exception of grievances, safety, or disputes concerning working terms and conditions.
(f) All of Local 2038 GLDC ACD's business, handled by the Business Agent, shall be presented to the Executive Board and to the membership at regular meetings.
(g) Only the Business Agent and the elected members of the Executive Board of Local 2038 GLDC ACD will represent Local 2038 GLDC ACD with regard to business such as the negotiation of all working agreements, grievances and arbitrations.
(h) The Business Agent's compensation shall be set by the membership. In addition, he shall be reimbursed for all documented and reported expenses incurred by and accounted for by him in the performance of his duties.

Section 4. The duties of the First Vice President to preside as Chairman at meetings of their Division in the absence of the President and Secretary Treasurer and any time the President and/or Secretary Treasurer vacates the chair to take part in discussion or debate.

a. He shall oversee and enforce the rules and regulations for safety as per collective bargaining agreements, and any division of government, which oversees our industry.
b. The First Vice President's compensation shall be set by the membership. In addition, he shall receive all expenses necessary from Local 2038 GLDC ACD, in the performance of his duties as First Vice President.

Section 5. It shall be the duties of the Recording Secretary to keep correct minutes and records of all meetings of their respective Division.

a. The Recording Secretary shall keep a record of all correspondence and communiqu�s in reference to the business of their Division.
b. When requested, by a union member in good standing of their Division, the Recording Secretary shall provide copies of By Laws of Local 2038 GLDC ACD; of the GLDC ACD, ILA or of the ILA, AFL CIO,
c. The Recording Secretary shall also perform such other duties as the Executive Board and local membership shall deem necessary.
d. The Recording Secretary's compensation shall be set by the membership. In addition, the Recording Secretary shall receive all expenses necessary from, Local 2038 GLDC ACD, in the performance of the duties as Recording Secretary.

Section 6. The duties of all other Vice Presidents are to preside as Chairman at meetings of their Division in the absence of the President, Secretary Treasurer, and the First Vice President, if any, and any time the President, Secretary Treasurer and/or First Vice President vacates the chair to take part in discussion or debate.

a. He shall fulfill all the duties of the President, Secretary Treasurer and/or First Vice President, with respect to their Division, in their absence.
b. He shall oversee and enforce the rules and regulations for safety as per collective bargaining agreements, and any division of government, which oversees our industry.
c. The Vice President's compensation shall be set by the membership. In addition, the Vice President shall receive all expenses necessary from, Local 2038 GLDC ACD, in the performance of the duties as Vice President.

Section 7. The duties of the Stewards shall be: to work for the good and welfare of all union members in good standing of their Division, in reference to enforcement of Collective Bargaining Agreements and the By Laws of the Local.

a. The Stewards shall oversee and enforce the Rules and Regulations for all union members in good standing of their Division and all workers covered under their Collective Bargaining Agreement.
b. He shall oversee and enforce the rules and regulations for safety as per Collective Bargaining Agreement of their Division. He shall keep true and accurate records for all persons injured, whether they be minor or major injuries.
c. The Stewards shall be available to be present at all disciplinary action of any employee, in their Division, when requested by the employee, in which the Company may involve. They shall consult such disciplinary action and/or any problems with other members of the Executive Board as soon as possible, whereas, to avoid any untimely delay in responding to such a problem.
d. When available, they shall be a party to all negotiations of their Division with the company along with the Executive Board so that they may have a clear understanding of the Collective Bargaining Agreement.

Section 8. It shall be the responsibility of all duly elected Officers and of the various Divisions of Local 2038 GLDC ACD from time to time, to submit written reports to the President of Local 2038 GLDC ACD about their activities in and about the areas they serve. Such report(s) shall also include information that will further or adversely affect the purposes and objectives of Local 2038 GLDC ACD.

Section 9. It shall be the responsibility of all duly elected Officers, Stewards and members of all committees at the end of their term in office, to deliver to their successors all books, records, correspondence, money and all property in their possession which rightfully belongs to the ILA and Local 2038 GLDC ACD, and they shall not be relieved of their bond or obligation until they have complied with this section.

Section 10. The President, Secretary Treasurer, Business Agent, and all Division Officers who handle union finds shall be bonded for an amount approved by the membership. In no case shall the amount of the bond be less than that which is required by state and federal law.

ARTICLE VIII
EXECUTIVE BOARD

Section 1. The duties of the Executive Board shall be as defined in Article XIII, Section 11 of the ILA Constitution and Rules of Order.

Section 2. In the event of a vacancy occurring in any elected offices of Local 2038 GLDCACD through resignation, sickness, or otherwise, the President, with a majority approval of the Executive Board and Officers of various Divisions, shall have the authority to fill the vacated office as soon as practical. An officer chosen to fill such vacancy shall serve for the un expired term.

Section 3. In the event of a vacancy occurring in any of the Elected Division Offices of Local 2038 GLDC ACD through resignation, sickness, or otherwise, the President, with a majority approval of the Executive Board, shall have the authority to fill the vacated office to handle interim Union business until a successor has been duly elected through a special election, which shall be held within 60 days from of the time the vacancy occurrence.

Section 4. The Executive Board shall have the authority to transact all business on behalf of Local 2038 GLDC ACD between meetings of the membership.

(a) Each member of the Executive Board shall be notified within a reasonable time prior to Executive Board meetings whenever it is deemed necessary to hold a meeting.
(b) The President shall be Chairman of all Executive Board meetings.
(c) A majority of the Executive Board shall constitute a quorum for all business at meetings. All judgments and decisions of the Executive Board shall be by vote of a majority of its members.
(d) The Executive Board may take action without meeting by a written or verbal approval by a majority of its members, only after notice has been given to all Executive Board members of the question or business to be decided, provided that a majority of the members can be reached who concur on the question.

Section 5. The Executive Board shall have the right to authorize, by resolution, the expenditure of Local 2038 GLDC ACD treasury funds up to an amount of $10,000.00 of a single expenditure and shall seek membership approval for an amount in excess of the $10,000.00 of a single expenditure.

Section 6. The Executive Board shall have the right to elect as President Emeritus or Secretary Treasurer Emeritus, a former President or Secretary Treasurer of Local 2038 GLDC ACD, who have served in that capacity for two full terms or longer. The President Emeritus and/or Secretary Treasurer Emeritus shall by virtue of said office be entitled to attend the meetings of the Executive Board of Local 2038 GLDC ACD, and have a voice but no vote. They shall have duties as shall be assigned to them by the Executive Board.

ARTICLE IX
COMMITTEES

Section 1. The President shall appoint a Committee of Inquiry, consisting of five (5) members in good standing of Local 2038 GLDC ACD.

(a) This committee shall be responsible for accepting and recording all inquiries, disputes, problems, and misunderstandings regarding any By laws of Local 2038 GLDC ACD.
(b) All issues presented to the Committee of Inquiry will be put in writing to the Secretary Treasurer. The committee will then review and respond, in writing, to the member and/or members involved. All the findings of the Committee and the minutes of their meeting will be kept on file and will be available to all members of Local 2038 GLDC ACD. Also the Committee shall report all its findings to the Executive Board in writing for review and judgment and then reported to the union membership at the next meeting.
(c) This Committee will not be responsible for the handling of grievances. Any dispute that is grievable shall be presented to the Business Agent of Local 2038 GLDC ACD and the grievance procedure shall be implemented pursuant to the existing working agreements.

Section 2. The following listed committees will also be active working committees for Local 2038 GLDC ACD:

(a) Affairs Committee;
(b) Political Action Committee:
(c) Charity Appeal Committee, which will be a committee to examine, investigate and evaluate all requests for donations, Section 501(c) (3) charities as well as requests for bereavement gifts and hardship payments to members in good standing.
(d) Maintenance Committee

ARTICLE X
MEETINGS OF THE MEMBERSHIP

Section 1. There shall be at least four (4) regular meetings each year, with at least one (1) during each calendar quarter, at a time and place to be set by the President. In the absence of the President, the Executive Board shall have the authority to call for such meetings.

Section 2. Each member shall be notified of the time and place of the meeting by mail, posted notice or telephone at his last recorded home address and/or telephone number.

ARTICLE XI
RIGHTS OF MEMBERS

Section 1. Every member in good standing of Local 2038 GLDC ACD and all Officers representing various divisions shall have equal rights and privileges to nominate candidates for office of Local 2038 GLDC ACD, to vote for Local 2038 GLDC ACD Officers. Every member in good standing of Local 2038 GLDC ACD shall have the right to attend and participate in membership meetings of Local 2038 GLDC ACD.

Section 2. Every member in good standing of Local 2038 GLDC ACD Divisions have equal rights and privileges to nominate candidates for office of their respective Division, to vote for Officers, and to attend and participate in membership meetings of their Division.

Section 3. All active members may participate in the deliberation and voting for the ratification of their affected collective bargaining agreements governing employment of the Local's membership.

(a) Every member shall have the right to meet and assemble with other members.
(b) Every member shall have the right to express his views on candidates publicly and privately and to express views freely on any subject or business properly before the membership meeting.
(c) No member shall be nominated or elected to hold union office in Local 2038 GLDC ACD or any of its Divisions while employed in a non salaried supervisory position such as Planner, Leadman or Hourly Foreman.
(d) No member shall be nominated or elected to hold union office in Local 2038 GLDC ACD while serving a suspension for a violation of a drug or alcohol policy, which restricts them from holding office under provision as set forth by the U.S. Department of Labor or Legally governing body, or is not capable to be bonded as it is required by the ILA pursuant to Article XIII, Sections 10 of the ILA Constitution and Rules of Order.

Section 4. This Section does not confer the right to engage in dual unionism.

ARTICLE XII
DUES, INITIATION, ASSESSMENTS, AND FEES

Section 1. The rate of dues for Local 2038 GLDC ACD shall be decided by the membership at a special or regular meeting. Members who pay the full rate of dues may be referred to as "active" members; those who choose to pay the reduced rate may be referred to as "inactive." However, only retired or permanently disabled members are eligible for the reduced rate.

Section 2. Dues for each union member in good standing of Local 2038 GLDC ACD and its Divisions, shall be, five ($5.00) dollars per month and/or sixty, ($60.00) dollars per year plus their Check Off Assignment and Authorization moneys, if any.

Section 3. The minimum local dues for retired or permanently disabled members shall be one half of the full membership dues, per member. Retired or permanently disabled members who choose to pay the lower scale of dues shall not be entitled to participate in any contract ratification votes or election of delegates to any ILA or District convention, but such members may enjoy all other privileges of membership.

Section 4. Let it be understood, by the employee, that the employer is hereby authorized to deduct check off assignment and authorization monies from their wages for each hour worked and paid to the employee by the employer which are due them and payable on every payday. The amount of monies deducted as their per capita, shall be two percent (2%) of their standard hourly wage rate (SHWR) for each hour worked, paid by the employee, deducted by the employer and shall be forwarded and paid to Local 2038 GLDC ACD, on the first pay week of every month preceding the month for which the per capita monies have been deducted. Let it be understood, that these check off assignments and authorization monies, are to defray and assist with the costs and expenses of operating Local 2038 GLDCACD, and its Divisions, its business office, and all other functions, negotiations, policing of conditions and enforcement of the working agreements between the employer under contract with Local 2038 GLDC ACD.

Section 5. Any union member in good standing of Local 2038 GLDC ACD, and its Divisions, who is thirty (30) days or more in arrears of payment of dues shall be automatically and without notice be suspended from all rights and privileges of membership.

Section 6. Any union member who is eighty (80) days or more in arrears of payment of dues shall be given written notice that failure to pay within ten (10) days shall be automatic expulsion, and upon their failure to pay within such ten (10) days, they shall automatically and without further notice, be expelled from the local and no longer be employed under any collective bargaining agreements under the jurisdiction of Local 2038 GLDC ACD.

Section 7. Assessments of the membership of the Local 2038 GLDC ACD, and its Divisions, may be levied by majority vote of the members of the Executive Board present and voting whenever the Executive Board deems such assessment necessary for the welfare of the Local 2038 GLDC ACD, provided, however, that such action on the part of the Executive Board shall be effective only until the next regular meeting of Local 2038 GLDCACD or its Division.

Section 8. Assessments of the membership of the ILA may be levied by majority vote of the members of the Executive Board present and voting whenever the Executive Board deems such assessment necessary for the welfare of the ILA, provided, however, that such action on the part of the Executive Board shall be effective only until the next regular convention of the ILA. Assessments on the membership of the ILA may also be levied by a majority vote of the delegates voting at a regular convention of the ILA or at a special convention of the ILA called in accordance with provisions of Article VI, Section II, of the ILA Constitution and Rules of Order. Local Union shall be notified by the International Secretary Treasurer of the amount of such assessments and the same shall be forwarded to the International Secretary Treasurer within thirty (30) days after such notification. Each District shall have the power to levy an assessment upon those members of the ILA within such District, provided that the Constitution and By Laws of such District empowers the District to levy such assessments and provided further that such assessments are levied in accordance with such District's Constitution and By Laws.

Section 9. Per capita dues to the ILA shall be paid pursuant to check off authorization in the amount and manner described in Article XVI, Section 2 of the Constitution and Rules of Order. Dues to the GLDC shall be paid pursuant to check off authorization consistent with the GLDC Master Agreement, Section 13.

Section 10. Any member who has been suspended and/or expelled for non payment of dues or assessments may be reinstated only upon the payment of all monies due at the time of his suspension or expulsion, together with his initiation fee if expelled, and such additional indebtedness for dues and assessments as accrued during the period of his expulsion unless otherwise ordered by Local 2038 GLDC ACD or its Divisions' membership with the approval of the ILA Secretary Treasurer. Nothing herein shall be construed to compel a local to reinstate or readmit an expelled member.

Section 11. Failure to pay dues, fees, and/ or fines by any member shall result in the actions and disciplines describe in Article XIV, Section 5, of the ILA Constitution and Rules of Order.

Section 12. Assessments on the membership of Local 2038 GLDC ACD or its Divisions may be levied in a manner consistent with Article XVI, Section 4, of the Constitution and Rules of Order.

(a) They have been members in good standing of Local 2038 GLDC ACD for at least two years immediately preceding the date of the convention; or
(b) For at least two years immediately preceding the convention, they have been employed by Local 2038 GLDC ACD; the Great Lakes District Council, the ILA, or any of its subdivisions.

ARTICLE XVIII
DISCIPLINE

Section 1. Discipline shall be as defined in Article XVIII, Section 1 of the ILA Constitution and Rules of Order. In the event the penalty of expulsion is not invoked or recommended, the penalty shall not exceed suspension from membership for more than two years or a fine of $1,000.00, or both

Section 2. All charges must be filed within 90 calendar days from date of occurrence. All hearings will be conducted pursuant to Article XVIII, Sections 3 and 4 of the Constitution and Rules of Order. All hearings will be conducted by the Committee of Inquiry within 60 days with a 5 day notice, who will then make a recommendation to the Executive Board who will have the final authority to issue a decision.

Section 3. The charged member may choose to be accompanied by counsel, at his or her own expense or a fellow member in good standing, or another covered employee in the unit. Failure on the part of the accused to bring someone shall not prevent the hearing from going forward Likewise, the failure of the charged member to appear at the hearing, after being properly put on notice pursuant to this Article, shall not prevent the hearing from going forward.

Section 4. All appeals are to be made consistent with Article XVIII, Section 6 and Article XIX of the Constitution and Rules of Order within 30 days.

Section 5. No member shall institute any civil action, suit, or proceeding in any court against Local 2038 GLDC ACD on account of any controversy for which a remedy is provided for in these By laws, the Constitution and By Laws of the Great Lakes District Council, or the Constitution and Rules of Order. unless and until he has first exhausted all intra union remedies. The prohibition contained herein shall not extend beyond four (4) months from the date that a member initiates a controversy by filing an internal union charge.

ARTICLE XIX
AMENDMENTS

Section 1. Proposed amendments to Local 2038 GLDC ACD's By laws must be submitted in writing to the President. Each member affected by such amendment shall be notified in writing of the proposed amendment before any action can be taken.

Section 2. It shall require a majority vote by secret ballot of the members in good standing present at a special meeting of the membership of Local 2038 GLDC ACD called for the purpose to adopt the proposed amendment.

Section 3. In the event that any provision of these By laws is found to be in violation of the law or the Constitution and Rules of Order, Local 2038 GLDC ACD's and its various Division Officers, Executive Board shall, by a two thirds vote have the power to make any amendments or changes in these By Laws which may be necessary or prudent to bring this By Laws into compliance with the GLDC Constitution and By Laws, the Constitution and Rules of Order. or with applicable Federal, State or Provincial Law.

ARTICLE XX
REGULATIONS

Section 1. Any and all provisions of these By laws which are in violation of Federal or State laws, or inconsistent with the Constitution and By Laws of the Great Lakes District Council, or the Atlantic Coast District, or the ILA Constitution and Rules of Order, are null and void.

Section 2. All members must keep the union business office informed as to their current address and telephone numbers.

Section 3. No collective bargaining agreement shall be entered into by Local 2038 GLDCACD with an employer, which is in conflict with the provisions of the ILA Constitution and Rules of Order and/or the Constitution and By Laws of the Great Lakes District Council of the ILA.