CONSTITUTION
AND
BY-LAWS
TRANSIT SUPERVISORS ORGANIZATION
Vincent Modafferi
President
5768 Mosholu Avenue
Bronx, NY 10471
CONSTITUTION
And
BY-LAWS
Of the
TRANSIT SUPERVISORS
ORGANIZATION
President
Vincent Modafferi
Founded August 1954
This is the complete text of the Constitution and By-Laws as originally adopted October 1954, and as amended March 1955; and as further amended:
April 1967June 1977
November 1970December 1977
March1971April 1978January1976December1980
June1976March1981
February1977June1987
ARTICLE I
Name
This Organization shall be known as the Transit Supervisors Organization, herein also referred to as the Organization.
ARTICLE II
Objects
The objects of the Organization shall be:
(a) To unite in this Organization all supervisory employees of the Manhattan and Bronx Surface Transit Operating Authority, herein referred to as MaBSTOA, and the New York City Transit Authority, herein referred to as TA.
(b) To establish through collective bargaining adequate wage standards and retirement benefits, shorter hours of work, and improvements in conditions of employment for all Supervisory employees of MaBSTOA and TA.
(c) To promote legislation and to engage in such other activity as may be deemed necessary or advisable, properly to safeguard the economic security and social welfare of the members and their families.
ARTICLE III
Membership and Applications
Only supervisory personnel of MaBSTOA and the New York City Transit Authority shall be eligible for membership in this Organization.
Application for membership must be filled out and signed by the applicant on the form prescribed by the Organization. Any eligible applicant who signs and delivers to an authorized representative of the Organization a checkoff authorization shall be considered in good standing regardless of when in a particular month his dues for such month are deducted, or when his dues are paid over by MaBSTOA or the Transit Authority, to the Organization. However, every applicant for membership is subject to review and acceptance by the Executive Council at its next meeting following receipt of application.
ARTICLE IV
General Officers
General Officers of this Organization shall be:
President
Vice President/General Chairperson
SecretaryTreasurer
Recording Secretary
The Executive Council shall consist of the General Officers of the Organization elected, the Departmental Chairman elected, and Queens Division President elected, and as provided herein from the following departments, units or divisions:
MaBSTOA Operating Unit consisting of:
Dispatchers
Line Supervisors
Deputy Supervisors
MaBSTOA Career Salary Unit Represented Titles
MaBSTOA Coin Retriever Technicians Unit Represented Titles
New York City Transit Authority Queens Division Operating Unit consisting of:
Dispatchers
Line Supervisors
Each Department or Unit shall have a Chairperson, Vice Chairperson and Recording Secretary, except the coin retriever technicians who shall be represented by the operating unit maintenance chairperson.
The NYCTAQueens Division of the Transit Supervisors Organization shall have a Division President, VicePresident and SecretaryTreasurer.
Term of office shall be three (3) years.
The Executive Council shall be the governing body in the Organization except any action, decision, or rule of the Executive Council may be amended or reversed upon petition signed by 50% of the members in good standing requesting a vote of the general membership to amend or reverse. Twothirds (2/3) vote of those voting shall be required to amend or reverse.
In the event a vacancy occurs in the office of the Organization President for any reason, the VicePresident/General Chairperson shall succeed to the position of Organization President for the remainder of the term; in the event of the absence or the disability of the Organization President, the Executive Council shall designate the VicePresident/General Chairperson to perform the duties of the Organization President . The vacancy shall then be in the title of VicePresident /General Chairperson.
Except as otherwise provided, when a vacancy occurs in any office other than the Organization President the same shall be filled for the remainder of the term by the Executive Council. When a vacancy occurs in the Executive Council, the Vice-Chairperson of the section involved shall replace the Chairperson (member of the Executive Council) and the vacancy shall be in the office of ViceChairperson. Where a vacancy exists in the titles of Section ViceChairperson and Section Recording Secretary for 2/3 or more or the elected term of office, the vacancy shall be filled for the remainder of the term by election within such section. When the term of the vacancy is less than 2/3 then it shall be filled by appointment of the Executive Council.
In the Queens Division, in the event a vacancy occurs in the office of President, the VicePresident shall succeed the President; the vacancy shall then be in the office of VicePresident.
The members of the Executive Council shall consist of a balance of one (1) Executive Council member for each 100 members or fraction thereof in each department, unit or division of the Organization. In the event the Executive Council as elected under this article reflects an imbalance, in that any department, unit or division does not have one council member for each 100 members or fraction thereof, or has more than one council member for each 100 members or fraction thereof that any department, unit or division does not have one council member for each 100 members or fraction thereof, or has more than one council member for each 100 members or fraction thereof for the department, unit or division, the Executive Council shall appoint, or remove, a Council member to or from the Executive Council as necessary to balance its membership.
ARTICLE V
Duties of Officers:
Section 1. The president of the Organization shall be responsible for the efficient conduct of the affairs of the Organization. He shall preside at all general meetings of the Organization and meetings of the Executive Council. He shall countersign all checks issued by the SecretaryTreasurer against accounts of the Organization. He shall appoint all Committees, except as otherwise provided. He shall perform such other duties as the Executive Council may assign to him.
Except as otherwise provided the Organization President, subject to the approval of the Executive Council, shall have the authority to appoint, direct, suspend, or remove such employees as he may deem necessary and shall fix their compensation.
In the event the Organization President shall have reason to believe that an officer or member is failing to comply with any provision of the Constitution, or conducts himself in a manner which is detrimental to the best interests of the Organization, he may institute proceedings against him with due notice of hearing, specifying the section or sections of the Constitution violated or the nature of the conduct, before the Executive Council. Upon the basis of the hearing, the Executive Council is authorized to render a decision, dismissing the charges, suspending, expelling or otherwise penalizing such officer or member, or directing such other action as may be necessary to secure compliance with the Constitution, or otherwise to protect and preserve the effectiveness and best interest of the Organization.
Section 2. The VicePresident /General Chairperson shall assist the Organization President in the discharge of his general chairperson duties to such extent as the President shall determine.
Section 3. The recording Secretary shall keep correct minutes of the Executive Council and the general meetings of the Organization.
Section 4. The SecretaryTreasurer shall keep a full and correct account between the Organization and its members. He shall deposit to the credit of, and in the name of the Organization, in a bank or other depository all funds received by him and the same shall be drawn out only by checks signed by the SecretaryTreasurer and the President. He shall make such financial reports as the Executive Council from time to time require. Whenever required by the Executive Council he shall, produce all books, papers, and vouchers, etc., relating to his office, which the Executive Council may deem necessary to determine the correctness of his accounts or the actual cash at any time in his hands, but he shall not be obliged to part with their possessions unless he has been suspended or removed from office.
Upon entering upon the discharge of their duties, the President and the SecretaryTreasurer shall give bond of any reputable fidelity company or guaranty company, acceptable to the Organization on such amount as may be decided by the Executive Council.
ARTICLE VI
Nominations and Elections:
Section 1. On or before the first day of January every three (3) years, the Executive Council shall appoint an Elections and Objections Committee consisting of three (3) members for the purpose of conducting the election of all Officers, members of the Executive Council, Department, Unit and Division Officers.
This committee shall pass on the eligibility of all voters and candidates, shall have full charge of the conduct of the election, and shall have the authority to settle any and all disputes arising in connection with the election.
Section 2. Nominations for all offices shall be made and seconded by a member or members in good standing at a General Membership meeting of the Organization in February of the calendar year during which the terms of the office of all Officers and the Executive Council members shall expire.
Any member whose nomination is made must be present to accept the nomination or must file an acceptance by letter within 10 days of nomination.
No member shall accept nomination for more than one office at the same time.
Section 3. To be eligible for nomination to office, members must have been in good standing for at least one year at the time of nomination and must have attended fifty (50%) percent of their Departmental Unit or Division meetings …. and if the nomination be for General Office; President, VicePresident/General Chairperson, SecretaryTreasurer, Recording Secretary, the member must also have attended fifty (50%) percent of the General Membership meetings held during the 12 months immediately preceding the month of their nomination, provided that if they were unable to attend any meetings because of illness, vacation or disability and gave notice in writing to the President of the reason for their absence before the meeting or within 30 days thereafter, such absence shall be treated as an attendance at the meeting. This section shall not apply to a member of any group or groups which may become eligible for membership in the organization, for any reason, less than one year prior to such nomination and election shall have been in continuous good standing in the Organization from the date of their eligibility.
Section 4. Elections shall be held on a day in the first two weeks in March, fixed by the Executive Council, which shall give notice thereof to the membership of the Organization at least five (5) days prior to the election. The Elections and Objections Committee shall have the power to settle any and all disputes immediately.
All candidates for each office shall be shown on the ballot separate from the candidate for any other office and the ballot shall show no single slate or list of candidates for any group of officers.
Newly elected officers shall assume office on the first day of April immediately following election.
ARTICLE VII
Section 1. The Executive Council Shall meet at least four (4) times annually. The meetings shall be held during the months of January, April, June and October, or as close as is practical to these months.
Section 2. Each Department, Unit or Division shall meet at least once every two (2) months, unless otherwise determined by any particular Department, Unit or Division, except that all Departments, Units and Divisions will dispense with regular meetings during July, August, and September.
Section 3. Special Meetings of the Executive Council and/or Department, Union or Division meetings may be called by the President whenever necessary.
Section 4. All notices of meetings shall list the business to be discussed. Only action taken on the agenda as posted and mailed shall be binding on the membership.
Section 5. A quorum of ten (10) must be present at the meeting in order to constitute business of the meeting.
Section 6. Robert's Rules of Order shall be the authority on all points not covered by the Constitution, including all questions of parliamentary procedure.
ARTICLE VIII
Obligations and Members
(a) No member shall violate any provision of this Constitution.
(b) No member shall bypass the duly elected Grievance Committee to handle their own or another's grievance.
(c) No member shall obtain membership in the Organization through fraudulent means or misrepresentation.
(d) No member shall make known the internal affairs of the Organization to non-members.
(e) No member shall urge that any member or group of members bring action in a court of law against the Organization or any if its officers, without first exhausting all remedies within the Organization.
(f) No member shall advocate or attempt to bring about the withdrawal from the Organization of any member or group of members.
(g) No member shall publish or circulate among the members false reports or representations concerning the Organization or its Officers.
(h) No member shall act in a manner harmful to the interest and welfare the Organization and its members.
(i) No member shall conduct themselves in the performance of their duties, or as a member of the Organization, in such a manner as to place an unreasonable burden on their brother or sister members.
(j) No member shall use the name if the Organization for any purpose without the consent of the Executive Council.
(k) No member shall work in the interest of, or accept membership in any organization dual to the Organization.
(1) No member shall be a member, or consistent supporter of, or active participant in, the interest of the communist party or any fascist, totalitarian or other subversive organization which oppose the democratic principles to which our Organization is dedicated.
(m) No member shall use abusive language or disrupt the peace of any meeting in or out of any meeting place of the Organization.
(n) No member shall attend or participate in any way in any organization which discusses or makes decisions on matters of policy directly related to, or part of, the internal affairs of this Organization and which is not authorized by the TSO Constitution.
ARTICLE IX
Dues
(a) The dues of this Organization shall only be increased in the same percentage gained by the membership in each Contract. No increase shall be put into effect until a Contract is ratified by a majority of the members voting.
(b) Dues paying members who through long term illness have exhausted sick benefits and who upon application to; and approval by the Executive Council, will be granted a refund of dues collected for any such period for which sick benefits have expired.
ARTICLE X
Union Funds
The funds of the Organization may be used in accordance with the terms of this Constitution solely for the benefit of the Organization and may not be assigned or transferred prior to its dissolution to any other person or organization under any circumstances.
In the event that the Organization shall be dissolved, its funds shall be divided and paid over to its members then in good standing, after all debts and obligations have been met, on the basis of length of membership in good standing.
ARTICLE XI
Amendments
This Constitution may be amended by the Executive Council with the approval of the majority of the members at a general membership meeting called for this purpose, or by the general membership upon the petition of 50% of the general membership and a twothirds (2/3) vote of the members voting.
ARTICLE XII
Ratification
Any contract agreed to by the Organization which contains provisions relating to wages and other terms of employment shall be subject to ratification by a majority of the members voting.
ARTICLE XIII
Salaries
Basic salary scale for officers and representatives shall be as follows:
(a) The Organization President's salary shall be based on the rate of pay paid to a Supervisor.
(b) Any other officer who is requested by the Executive Council to assume full time employment by the Organization shall receive the top rate of pay paid to an Assistant Supervisor, which in no event shall be less than such officer receives as compensation on his job.
(c) All officers when on fulltime duty with the Organization shall be given an expense account of $25.00 daily. However, any expenditure by any officer in excess of $125.00 in any week shall be reimbursed only upon submission of receipts as proof of expenditure.
ARTICLE XIV
Removal from Office
Any officer may be removed by twothirds (2/3) vote of the Executive Council after a hearing of specific charges of misfeasance or malfeasance in office. The accused officer shall be served with written notice of the specific charge or charges at least seven (7) days before hearing therein and he shall be allowed representation at such hearing by another member of the Organization.
ARTICLE XV
Pensions
The Executive Council shall be authorized to provide for pension payments by the Organization covering the officers and such fulltime representatives of the Organization and such other fulltime employees of the Organization as the Executive Council decides to cover individually or as a group.
OATH OF OFFICE
(For Installation of Officers Transit Supervisors Organization)
I solemnly pledge on my honor to perform the duties of my office: to bear true and faithful allegiance to the Organization and to its principles and objectives; to perform faithfully and to the best of my ability all of the duties and responsibilities assigned to me; to respect the trust conferred upon me by not divulging any confidential matters or proceedings of this Organization; to deliver all books, records, papers, and other property term to my successor in office: and to conduct myself at all times as becomes a member and officer to the Transit Supervisors Organization.
Amendments
General Officers; page 4, Article IV, Paragraph 2
The Executive Council shall consist of the general officers of the organization elected by the membership: and the VicePresident/General Chairperson, who shall be designated by the Executive Council from among the member of the Executive Council: The Departmental Chairmen elected, and Queens Division Chairman elected, as provided herein, from the following departments, units or divisions.