BY-LAWS OF
BOISEFIRE FIGHTERSLOCAL 149, INC.
ARTICLE I
PREAMBLE
SECTION I. This organization shall be known as Boise FirefightersLocal 149, Inc.
SECTION II. References. References in these By-Laws to “Local or Local Union” shall refer to the Local as set forth in Section I above, and.References to Association or International“IAFF”shall refer to the International Association of Firefightersand references to “PFFI” shall refer to the Professional Firefighters of Idaho, Inc.
SECTION III. Relationship of the Local to IAFF. This Local union, its officers, representatives and members, shall recognize, observe and be bound by the provisions of the IAFFConstitution and By-Laws of theInternational Association and the interpretations rendered by the InternationalIAFF GeneralPresident, the resolutions, decisions and directives of the IAFFExecutive Board or officers of theAssociation when made in conformity with the authority granted by the IAFF Constitution and By-Laws of the Association and the resolutions adopted and policies established by the delegates at conventions. Article XIII of the IAFFConstitution and By-Laws of the Association is recognized as providing the basic rules governing this Local.
ARTICLE II
OBJECTIVES
The primary objective of the Local shall be to organize the members of the Boise Fire Department; to deal with their employers concerning wages, rates of pay, working conditions and all other terms and conditions of employment. We will processgrievances and attempt to ensure equitable settlement of meritorious grievances. The Local will also work to enhance the health and safety of the membership.
ARTICLE III
MEMBERSHIP
SECTIONI. Jurisdiction. ActiveMembership in this Local shall be limited to all full-time Boise Fire Departmentemployees and the S.C.B.A. Technician thatwhoare engaged in firefighting or related servicesand whose terms and conditions of employment are covered in the Collective Labor Agreement between Local 149 and the City of Boise.
SECTION II. Retention of Membership Upon Dismissal. No members of thistheLocal will be permitted to retain their membership in same if they leave the Fire Department by reason of final dismissal, subject to the approval of the membership upon request to continue their membership.
SECTION III. Eligibility for Active Membership. Subject to Sections VII and IX of this Article,any person of good moral character who at the time of making application is engaged in service within the jurisdiction of the Local will be eligible for active membership.
SECTION IV. Honorary Membership. For Mmeritorious service to thistheLocal,and/ordistinguished public service,persons (includingor Chief Officer’s of this Localthe Boise Fire Department)may be elected Honorary Members by the membership. Honorary Members canmaydetermine the amount of dues they wish to payand shall have no voiceor vote in the Local. Such membership may be revoked for cause.
SECTION V. Local Officer Emeritus.WhenAny member in good standing whohas held the office of President, Vice-President or Secretary/Treasurer thatand has shown exemplary leadership and has made significant contributions to Local #149 to further its cause for the Health, Safety and Welfare of the membership, they may be elected Local Officer Emeritus. Nominations for this prestigious position shall be submitted to the Executive Board for recommendation of a full body vote. Members that are elected as Local Officer Emeritus shall be lifetime members of Local #149.
SECTION VI. Retired Active Membership. When any member in good standing retires from the Boise Fire Department, the Local Union may allow said member to retain Retired Active Membership. Retired Active Membership shall allow said member to attend Union Meetings but shall have no voting voice or votein the Local. Retired Active Membership Dues and assessments will be as follows: The annual maintenance fee shall be $12.00 (Twelve Dollars). Per Capita for the I.A.F.F.IAFF P.F.F.I.PFFIshall be assessed in the amounts set forth for Retired Active Membership in the Constitution & By-Laws of each respective organization. Retired active members will also be required to pay Per Capita for the A.F.L.-C.I.O. and Central Trades and Labor organizations. In December of each year, The Secretary-Treasurer of thistheLocal shall make available to the Retired Active Members, the assessment amounts for the following calendar year, to be collected in January.
SECTION VII. Maintenance of Good Standing. Membership in Good Standing includes any person who has fulfilled the requirements for membership in the Local, has paid all requiredLocal dues, fees and assessments, and has not voluntarily withdrawn, become ineligible for continued membership, or has been suspended or expelled as provided in the Localthese By-Lawsor theInternationalIAFFConstitutions and By-Laws.A person who has voluntarily withdrawn from active membership may be reinstated to active membership upon application for reinstatement, full payment of the reinstatement fee set forth in Article V, Section II and all back dues, beginning with the month following the date of voluntary withdrawal, and approval by the membership as provided in Section X of this Article. Members in good standing have an obligation to promptly notify the Secretary-Treasurer of the Local in writing of any change of mailing address.
SECTION VIII. Retention of Membership Upon Separation. When any member in good standing becomesisseparated from the fire service, the Local Union may allow said member to retain their active membership or, in lieu thereof, upon request of said member shall issue themhim or hera withdrawal card;,provided, however, that the Local may issue withdrawal cards only to those members who leave the fire service or EMS in good standing or who are precluded by law or Local ordinance or contractually from maintaining union membership by virtue of their fire department position. A former member holding a withdrawal card will not be charged a reinstatement fee upon reentry into the Local. A member who is duly elected as an officer of the IAFF, or elected or appointed as a representative of or to this Local Union or an affiliated labor organization, shall retain theirhis/heractive membership in thistheLocal.
SECTION IX. Other Conditions. Applications for activemembership shall be accompanied with the specified initiation or reinstatementfees and one month’s dues in advance, provided that the application of a person applying for reinstatement of active membership must also be accompanied with payment of back dues retroactive to the month following his/her voluntary withdrawal, and the application of a person who did not become a member upon first becoming eligible for active membership must also be accompanied by payment of back dues retroactive to the month following his/her first becoming eligible for active membership, and further provided, however, that Honorary Membership in this Local may be conferred upon any person as per Section IV of this article. All applications for membership and for reinstatement of membershipin thistheLocal shall be approved or disapproved in the manner specified in this Constitution and By-Laws by a majority vote of the members in good standing present at a regular or special membership meeting. Any member who may withdraw or be expelled from the Local shall forfeit all rights and title to the funds and property of the Local. Anyone eligible for membership in thistheLocal shall not be refused membership or, upon acceptance, be discriminated against because of race, color, creed,or national origin, gender, sexual orientation or by reason of disability.
ARTICLE IV
MEMBERSHIP MEETINGS
SECTIONI. Regular Meetings. Regular meetings of the Local shall normallybe held on the third (3rd) Wednesday of each month. If the third (3rd) Wednesday is the second 24 hour shift of the 48 hour tour, the meeting will be on the subsequent Thursday,the time and place to be specified by the President.The President can also change the day of the meeting with E-Board approval.A notification of time and place will be posted on each station’s bulletin board10 daysin advance.
SECTION II. Special Meeting. Special meetings may be called by a vote of a majority of the Executive Board. AllMembers in good standing shall be notified by station notice board of such special meeting at least a week (7 days) prior to the same. The notice shall state the business to be considered at such a meeting, and no other business than that stated shall be in order at such meeting. In case of an Emergency, the Executive Board may waive the seven-day notice by a majority vote.
SECTION III. Quorum. Quorum for any meeting of thistheLocal, either regular or special, shall be ten percent (10%) of the total members of the Local in good standing.
SECTION IV. Rights of Members. Every member in good standing shall have the right to attend any meeting and to participate in such meeting in accordance with the recognized rules as set forth in the manual of parliamentary procedures adopted by thistheLocal, provided that only active members in good standing shall have a voice or vote in the Local. Members shall conduct themselves in such a manner as not to interfere with the legal or contractual obligations of the InternationalIAFFor thistheLocal.
SECTION V. Rules for Meetings. The rules contained in Roberts Rules for Meetings shall govern the meetings of the Local in all cases not in conflict with the Constitution andtheseBy-Laws, or the IAFFConstitution and By-Laws of the International, or authorizedinterpretations of these documents.
SECTION VI. Membership Confirmation of Executive Board Action. All action taken or recommended by the Executive Board shall be confirmed or approved by the membership by majority vote at the meeting immediately following such Executive Board action.
ARTICLE V
INITIATION FEES,AND REINSTATEMENT FEES, DUES, ASSESSMENTS AND GENERAL PROVISIONS
SECTIONI. NewlyQualified Members. Any person qualifyingeligible for membership in thistheLocal in accordance with thetheseBy-Laws may become a member by applyingapply for membershipto the Secretary-Treasurer of the Local upon employment. New members, upon being initiated, are to be presented with a copy of these By-Laws and an automobile decal. Provisions of this section may be waived in whole or in part for a period of not more than thirty (30) days in any one instance by approval of the Executive Board.
SECTION II. Initiation and Reinstatement Fees. The initiation fee for active membership shall be ten ($10.00) dollars, all of which shall be submitted to the IAFF. The reinstatement fee for active membership shall be two hundred and fifty $250.00 dollars, ten ($10.00) dollars of which shall be submitted to the IAFF. The Local’s portion of initiation and reinstatement fee obligations may be delayed or waived, in whole or in part, by action of the Executive Board.
SECTION III. Membership Dues. The monthly dues of thistheLocal shall be one and one tenth percent (1.1%) of the Senior Firefighters base Salary. Members who fail to pay their monthly dues or assessments by the fifteenth (15th) day following the month such dues are payable shall be notified by the Local Secretary-Treasurer that they are delinquent and will automatically be suspended and lose their good standing, if payment is not made within sixty (60) days following such notification. Delinquent and suspended members are not entitled to a voice or vote in the Local or in the affairs of the International IAFF.
SECTION III IV. Assessments.Assessments shall be made only in the following manner: Members of the Local shall be notified by posting on station bulletin boards, and by general notice at least thirty (30) days in advance of the date on which the vote for an assessment is to occur. Proposed assessments shall become effective upon majority vote of the members in good standing by secret ballot at a regular or special meeting.
The following is a list and description of assessments of the Local:
A. Legal Dispute Fund / Community Information Fund
To be used for attorney fees and court costs occurring during legal disputes on behalf of the membership. It is assessed at the rate of Twenty-five Dollars ($25.00) per member per month. All of this assessment will go to the legal dispute fund. The community information fund is to be used to for public relations and promoting a positive image of the Local. When the Legal Dispute Fund reaches One Hundred Thousand Dollars ($100,000.00) the assessment will be reduced to Ten Dollars ($10.00) per member per month. Of this assessment Five Dollars ($5.00) will go to the Legal Dispute Fund for ongoing expenses, and Five Dollars ($5.00) will go to the Community Information Fund. When the Legal Dispute Fund drops to Seventy-five Thousand Dollars ($75,000.00) the Twenty-five Dollar ($25.00) per member per month assessment (as in (1) above) shall be reinstated.
B. Union Vacation Pool (SPECIAL ASSESSMENT)
Union vacation pool is established to allow members of thistheLocal time off to conduct union business. Each member will be assessed two (2) hours each year with a minimum pool of Forty-eight Hundred Dollars ($4,800.00) to be maintained. If the dollar amount drops below the minimum each member will be assessed an additional two (2) hours.
C. Health & Welfare Membership
Health & Welfare membership dues shall be assessed as a portion of the Monthly Union Dues as outlined in Article III Section I of the Health & Welfare By- Laws.
SECTION V. Increases in Rates. Increases in rates of initiation fees, reinstatement fees, dues or assessments shall require notice of such proposed increase to be given to the members in good standing,by posting on station bulletin boards and by general notice,at least thirty (30) days in advance of the date on which the vote for such increase is to occur. The proposed increase shall become effective upon a majority vote of the members in good standing, by secret ballot at a regular or special meeting.
SECTION IV.VI.Special Expenditures. All proposedexpenditures of union funds in excess of $1500 shall be presented to the Executive Board, in writing, before the 1st of each month. The proposal will be listed on the union meeting agenda under the “New Business” section. Membership in good standing will discuss and vote on the proposal at the regularly scheduled meeting following presentation to the Executive Board. Proposedspecial expenditures,shall become effectivebe approvedupon a majority vote at meetings with a quorum present. If there is no quorum, the vote shall be delayed until the following regular monthly meeting.
SECTION IV.VII. Political Contributions.No Local union dues or assessments will be used to support any candidate running for political office.
ARTICLE VI
OFFICERS, ELECTED AND APPOINTED REPRESENTATIVES,
NOMINATIONS AND ELECTION PROCEDURES
SECTIONI. Officers. The officers of thistheLocal shall consist of a President, Vice-President, Secretary-Treasurer and four (4) members elected to the Executive Board. The offices of Secretary and Treasurer will be held by the same person.
The offices of President, Vice-President and Secretary-Treasurer shall serve three (3) year terms. The Executive Board shall have four (4) members. Each member shall serve three (3) year terms.
The Grievance Committee shall have nine (9) members. Each member shall serve three (3) year terms with three (3) members being elected each year as the terms expire.
The Safety Committee shall have four (4) Union members. Each member shall serve two (2) year terms with two (2) members being elected each year as the terms expire.
For purposes of electing multiple positions (E-Board, Grievance, Safety) the nominees with a majority of the votes for the vacant positions will be declared the winner.
Station Stewards, Professional Fire Fighters of Idaho (P.F.F.I.)PFFIdelegates, and Negotiating Committee members shall be appointed by the Presidentand serve terms in accordance with the President’s term.
SECTION II. Representatives. Representatives, in accordance with these By-Laws andthe International’sand the Local’sIAFFConstitution and By-Laws, shall be eligible for an appointed or elected office or position.
SECTION III. Rights of Candidates. Every candidate for office shall have the right to requestaccess Union membership lists fordistribution of campaign literature, by mail or otherwise, to all members in good standing, at the candidate’s own personal expense. A candidate for office includes a candidate for membership on the Executive Board. There shall be no discrimination in favor or against any candidate with regard to the use of membership lists.
SECTION IV. Use of Funds Prohibited in Elections. No funds received by thistheLocal through initiation fees, dues or assessments or otherwise, shall be contributed or applied to promote the candidacy of any person in election of officers. This section does not prevent the expenditure from Local funds for notices, factual statements of issues, and other necessary expenses to conduct elections so long as they do not involve promotion of any candidate.
SECTION V. Nominations and Elections. All Station Stewards shall serve as the Nominating Committee of the Local. Members of this committee shall contactthestation/division they represent on all three shifts and inquire if anyone wishes to nominate a member for an office or position in the Local. Nominations shall open November 1st and shall close at the conclusion of the November Union Meeting each year.Nominations from the floor will be taken only at the November Union meeting. Each member in good standing shall be given at least fifteen (15) days advance written notice, in writing, of the date, time and place at which nominations shall be made.Following the November Union meeting a list and sample ballot shall be posted by the Nominating Committee at least fourteen (14)fifteen (15)days prior to the election. Unless the Executive Board opts to conduct a particular election or elections by mail ballot, elections shall be conducted as follows: Elections shall take place each year during the second week in December. TheElection for all positions shall take place by paper ballotconducted by the StationStewards on days designated by the Executive Board. Each member in good standing shall be given at least fifteen (15) days advance written notice, in writing, sent by U.S. mail to the last known address of the member, of the date, time and place at which elections shall be held. Each member voting will sign for and receive only one ballot to cast a vote. There shall be no voting by proxy in the election of Local officers, nor shall write-in candidates be allowed. At the close of the elections, the Nominating Committee shall see to it that a tally is completed. Absentee ballots shall be accepted prior to the election, by contacting the Election Committee Chairman. The nominee receiving a simple majority shall be declared the winner. If a runoff election is needed, a vote will be taken the following week in the same manner as the first vote. In the event of another tie,a third vote will take place in the same manner until athewinner iswill bedecidedby a coin toss. Mail ballot elections, if any, shall be conducted during the month of December following at least fifteen (15) days advance written notice, in writing, sent by U.S. mail to the last known address of the member, of the date by which a completed ballot must be received by the Local Union in order to be counted. If a runoff election is needed, a second mail ballot election will be conducted. In the event of another tie, the winner will be decided by a coin toss. The new officers will take office the first day of January or after the election process is completed, which ever is later.