The International Executive Board, meeting in San Francisco on Oct. 15-16, 2009, confirmed the results of the International election.
Elected officers of the union are:
International President: Robert McEllrath; International Secretary-Treasurer: William E. Adams; International VicePresident, Mainland: Ray A. Familathe; International VicePresident, Hawaii: Wesley Furtado; California Coast Committeeman: Ray Ortiz Jr.; and Northwest Coast Committeeman: Leal Sundet.
Executive Board Members
Elected members of the International Executive Board are: Southern California: Luisa Gratz, Mike Mitre, and Peter Peyton; Southern California Mining: Bruce Wade; Northern California: René Ducroux, Melvin Mackay, and Fred Pecker; Oregon/Columbia River: James D. Daw and Ryan Takas; Washington/Puget Sound: Herald Ugles and Max Vekich Jr.; Alaska: Debbie Manowski; Canada: Tom DuFresne; IBU: Alan Coté;
Hawaii: Douglas Cabading (pineapple), Francis Kamakaokalani (general trades), Aurora Raposa (sugar), Samuel Kaaihue (longshore), and Cyrus Kodani (tourism).
Trustees The board selected Alan Coté, Max Vekich, James Daw and Douglas Cabading to serve on the Board of Trustees.
Adopted Constitutional amendments—continued from page 4
on the Local Executive Committee and a seat on the Local Political Action Committee. Accordingly, the Longshore Division shall be bound by and support all policies, positions and programs adopted by Local 142, except for those concerning the administration, governance and collective-bargaining affairs of the Longshore Division, which shall remain the exclusive domain of the Longshore Division.
37.03 Any person admitted to Longshore Division membership by the Hawaii Longshore Division shall automatically and by virtue of such Longshore Division membership also be deemed a member in Local 142. Hawaii Longshore Division members shall have the same and equal membership rights of all other Local 142 members with respect to the governance and administration of Local 142, including the right to vote for and run for Titled Officer in Local 142, but not for offices below Titled Officer, except for Local Board of Trustees, in any geographical Division.
37.04 Recognizing the continued interdependence of the Hawaii Longshore Division and Local 142, the Longshore Division hereby agrees to continue to have Longshore Division members, permit members and Longshore Division financial core nonmembers pay dues and/or fees and assessments directly to Local 142, on behalf of the Hawaii Longshore Division, in accordance with the practices in existence as of May 1, 2009, subject to the following terms and conditions:
37.04.1 The Hawaii Longshore Division shall on a monthly basis remit to Local 142 50% of Local dues that the Division receives from Longshore Division members, permit members and Longshore Division financial core nonmembers. Monies retained shall be used by the Hawaii Longshore Division as it sees fit in accordance with its Longshore Division Bylaws.
37.04.2 In consideration for the financial support from the Hawaii Longshore Division, Local 142 shall provide to the Division, in a timely and satisfactory manner and without restrictions, the services of its officers and staff, as well as the use of Local 142 facilities, office equipment and office supplies, to assist the Division with respect to its organizational and collective-bargaining needs as requested by Division Officers. In addition, the Division may, on its own, directly hire, employ and supervise Division staff as it sees fit, using Division funds.
37.04.3 Local 142 shall provide compiled financial statements on a quarterly and cumulative basis to the Hawaii Longshore Division concerning the amount of monies received from, remitted to, and expended for the sole benefit of the Longshore Division.
hall have its own federal tax I.D., number for its accounts and funds. Unless otherwise directed by the Department of Labor, the Hawaii Longshore Division shall file a separate annual LM-2 report, which shall be prepared by the Local’s accountants when they prepare the LM-2 report for Local 142, and which shall be signed by the Longshore Division officers. All Local 142 and Longshore Division officers shall cooperate in the timely completion and filing of the annual LM-2 report.
37.05 In view of the fact that the Hawaii Longshore Division is responsible for its own affairs and collective bargaining, the Longshore Division shall assume full and sole responsibility for legal representation and legal defenses with respect to its operations, decisions and actions. Accordingly, the Hawaii Longshore Division shall indemnify and hold harmless Local 142 as to all such matters and related expenses, except in the case where Local 142 may interfere in or act contrary to the legal positions and defenses of the Longshore Division.
37.06 Except as modified by this Article XXXVII and by the Hawaii Longshore Division Bylaws, as may be amended from time to time by the Longshore Division, all organizational and financial relationships between the Hawaii Longshore Division and Local 142 shall remain in place. Local 142 shall remain the named Union signatory to all Hawaii Longshore Division collective bargaining agreements. However, the Longshore Division Officers shall sign all Longshore Division contracts and agreements on behalf of Local 142.
37.07 Whenever any question arises concerning interpretation of the Local 142 Constitution as it applies only to the Longshore Division or of the Division Bylaws, it shall be submitted to the Longshore Chairperson/Division Director who shall issue an interpretation within five (5) days after it is received and whose interpretation shall be final and binding unless appeal is taken as herein provided. Any Local 142 member aggrieved by the Longshore Chairperson/Division Director’s interpretation of the Local 142 Constitution or of the Longshore Division Bylaws may appeal to the Longshore Division Executive Board and the Longshore Division Executive Board upon such appeal being made to it, may adopt, reverse or modify the interpretation by a majority vote. Pending any appeal, the interpretation of the Longshore Chairperson/Division Director shall remain in full force and effect. The Longshore Division’s interpretation of the Local 142 Constitution as applied only to the Longshore Division and the Longshore Division’s interpretation of its Bylaws shall supersede any conflicting interpretations made by the Local 142 President, the Local Executive Board, or the Local Convention under Article XXI or any other provision of the Local 142 Constitution.
37.08 None of the provisions of this Article XXXVII may be changed, modified or amended without the mutual consent of both the Longshore Division and Local 142.
37.09 Any disputes between Local 142 and the Hawaii Longshore Division arising out of the administration of any of the provisions of this Article XXXVII may be referred to the International Executive Board, whose decisions shall be final and binding on all parties.
12. C-11 - Income - Article XXV - Section 25.02
25.02 The amount of Local dues shall be two and one half percent (2.5%) [two percent (2%)] of gross monthly wages of the member or person represented by the Local, provided that a lower rate than 2.5% [2%] may be set by the Local Executive Board in accordance with the program needs and priorities of the Local. Wages shall include vacation pay, holiday pay, overtime payments, incentive payments, bonuses, gratuities, tips, which are reported to the Internal Revenue Service for income tax purposes, and other forms of compensation, but excludes sick leave payments, workers’ compensation payments, lump sum severance payments and pension payments.