BY-LAWS

Laborers’ International Union of North America

African-American Caucus



Mission Statement:

 

To identify, promote and support issues of cultural, legislative, political, educational, civic and social action concern that address the needs and interests of LIUNA members of African descent and carry the message of our Union into the broader community to facilitate increasing marketshare and to increase the influence of our Union to benefit all members of LIUNA.

 

Background –

  1. In 1996 the Laborers’ International Union of North America (LIUNA) announced the creation of a Minority Advancement Department. The Department was formed to address the concerns of the growing minority membership within the union and to develop links with minority communities around country.

  2. In June 2001, General President Terence M. O’Sullivan appointed the Minority Advancement Advisory Board. Since that time members of the Advisory Board have met and formed minority Caucuses. One of the Caucuses formed is the African American Caucus (the Caucus).

  3. The formation of the African American Caucus is designed to give expression to the common needs and interests of LIUNA members of African descent. It is designed to also carry the message of our union into the broader community and thereby to facilitate organizing for LIUNA and to increase the political influence of our union to benefit all members of LIUNA.

  4. At no time will activities of the Caucus conflict with meetings or functions of LIUNA. Moreover, the Caucus must refrain from taking any position in conflict with that of the International Union.

  5. The membership of any member shall be terminated upon the occurrence of any of the following events:

                  (a) Resignation of the member from the Caucus.

                          (b) The determination by the Executive Board that a

                       member has failed in a material and serious degree to

                       observe the rules of the Caucus or work towards its

                       stated objectives and purposes, or has engaged in

                       conduct materially and seriously prejudicial to the

                       interest of the Caucus.


                  (c) Termination or loss of LIUNA membership.

 

Article 1: Name

The name of the Caucus is the "LIUNA African-American Caucus “the Caucus" herein).


Article 2: Nature.

The Caucus is intended to be an incorporated, non-profit association, tax-exempt under Article 501(c)(5) and 501(c)(3) of the Internal Revenue Code of 1986.


Article 3: Purposes

(a)To identify, promote and support issues of concern for African Americans members within LIUNA for the purpose of advancing and sustaining the causes of all LIUNA members and potential members of LIUNA.

 

 

Article 4: Executive Board Structure

 

The structure of the Executive Board shall consist of a maximum of thirty-six (36) board members: eighteen (18) Regional representatives (two representatives from each of LIUNA’s nine Regions) recommended by LIUNA Regional Managers; and eighteen (18) at-large members (no more than two representatives from each LIUNA Region) elected by the Executive Board.  Four (4) Executive Officers are elected by the Executive Board to include a President, Vice President, Secretary-Treasurer, and Recording Secretary. 
 



 


Article 5: Qualifications of Officers

 

(a)A candidate for office shall be a member of the Executive Board and shall possess all of the qualifications required of candidates for office as outlined in the Caucus By Laws.  (This contradicts Article 11B - Why are we not allowing anyone who is a member of the Caucus to be eligible to run?)

 

Article 6: Nomination of Officers

 

(a)The nomination and election shall take place at a board meeting held in August of the election year.  The meeting shall be scheduled at least fourteen (14) days after a written notice advising of the date and time of the election is sent to each board member in good standing addressed to his/her last known address.

 

(b)All board members nominated shall be present at the nomination and at the time of election unless absent from the meeting on Union business or excused by the Executive Board.

 

(c)The election of officers will be conducted immediately after the nominations.  Voting for Executive Officers shall be by secret ballot, however; voting for at-large Executive Board members shall not be by secret ballot. (Probably can’t do this)

 

Article 7: Executive Officers

(a) The Executive Officers of the Caucus shall be President, Vice President, Recording Secretary, and Secretary-Treasurer. The Executive Board shall be elected at a board meeting of the Caucus in August of the election year and the officers shall serve a term of four (4) years (Should consider 2 years/other Caucuses have 2 year terms).

(b) The officers of the Caucus shall be working at the calling for the duration of the term. (c) The President of the Caucus shall preside over all meetings of the Caucus and its Executive Board and exercise all of the authority and responsibility as such chairperson.

(c) The President shall, at every meeting of the Caucus, prepare and submit a written report of the activities of the President as well as a report on all of the activities of the Caucus.

(d) The President shall appoint a Sergeant-at-Arms as may be necessary to carry on the business of the Caucus during its meetings or conferences.

(e) In the absence of the President, the Vice President of the Caucus shall preside over meetings of the Caucus or its Executive Board.

(f) The Recording Secretary shall prepare and keep the minutes and non-financial records of the Caucus.

(g) The Secretary-Treasurer shall prepare and keep all of the financial records of the Caucus.

(h) All monies payable to the Caucus shall be turned over to the Secretary-Treasurer, who shall give a proper receipt therefore. 

(i) The Secretary-Treasurer shall, at every meeting of the Caucus, make a written, categorical financial report of the monies received and disbursed since the last report to a meeting.

(j) The Secretary-Treasurer shall submit annually the books to a Certified Public Accountant when the Caucus has retained such an accountant as well as to the Caucus Audit Committee for the purpose of auditing the financial records of the Caucus.

(k) The Executive Board shall have the authority to see to it that the affairs and business of the Caucus are being properly conducted in accordance with the By Laws.

(l) The Executive Board shall appoint an Audit Committee from the board members to audit the financial records annually.

(m) The Executive Board shall call an election to fill a vacancy of an unexpired term of an Executive Officer. (fill all vacancies in a provisionary capacity)

(n)  The Executive Officers and Executive Board members shall be removed from their positions if three consecutive quarterly meetings (in person or teleconference) are missed unless excused by the Executive Board.

 

 

 

Article 8: Travel Policy

 

(a)  The Executive Officer or Board member requesting travel should provide the board with an anticipated cost for travel to include transportation, hotel and meal costs.

 

(b)  All travel requests must be approved by the Executive Board before travel commences.

 

(c)  The Board should set a “not to exceed” amount on travel expenditures commensurate with the Caucus budget at the time of the vote for travel request.

 

Article 9: Committees

 

(a)The Executive Board may, by resolution designate one or more Committees, each consisting of three or more board members, to serve at the pleasure of the Board.

 

(b)Any Committee, to the extent provided in the resolution, shall have the authority of the Board, except that no committee, regardless of the board resolution may:

 

  1. Take any final action on matters which, under the Nonprofit

Corporation Law , also requires members’ approval or approval of a majority of all the members;

 

     (2)    Fill vacancies on the Board of Directors

 

  1. Amend or repeal bylaws or adopt new bylaws;

 

     (4)    Amend or rescind any resolution of the Board

 

Article 10: Membership

 

(a) To be eligible for membership, a person must be a member in good standing in LiUNA or the same with the LIUNA affiliate National Postal Mail Handlers Union. This requirement only establishes a requirement for membership eligibility.

(b) The Caucus’ members shall be accepted upon completion and acceptance of his/her application by the Executive Board and payment of dues determined by the Executive Board.

(c) A member must refrain from conduct that would interfere with the performance of the Caucus’ lawful and contractual obligations

(d) Members must recognize the responsibility to preserve the Caucus as an institution.

(e) Membership may be terminated by the Executive Board if it has been determined that a member has failed to work towards the stated objectives and purposes of the Caucus or has engaged in conduct materially and seriously prejudicial to the interest of the Caucus.

Article 11: Rights of Members

(a) A member shall have the right to attend and participate in General Meetings and functions of the Caucus.

(b) A member shall have the right to be a candidate for a position on the Executive Board. (This contradicts with Article 5a)

(c) Any member of the Caucus may inquire of the Secretary-Treasurer as to whether the member is in good standing with the Caucus.

Article 12: Meetings

(a) The general membership of the Caucus shall meet at least once each year. In between general membership meetings of the Caucus, the Executive Board shall govern its affairs. The annual meeting shall be held at a time and location designated by the Executive Board. The location of the meetings should rotate among the nine (9) LIUNA Regions or be held at a scheduled LIUNA Conference or Union Constituency Group Conference.  Notice of the annual meeting shall be sent by mail or email to the member’s best known address.

(b) The Executive Board shall physically meet at least twice a year, and shall teleconference at least quarterly, or more often as convened by the President of the Caucus. Written notice of each meeting shall be delivered by mail or electronic mail by the Recording Secretary to each member of the Executive Board. Such notice shall be given at least fourteen (14) calendar days in advance of the proposed meeting date, except that less notice may be given in the event that the President determines that there is an emergency requiring an urgent meeting.

 

(c) The presence of at least nine (9) members of the Executive Board (or an odd number proportionate to the number of board members), which shall include at least three Executive Officers, shall constitute a quorum, and a majority of those present and voting shall be required for all official acts.

(d) The procedures of the meeting shall follow Roberts Rules of Order.

 

Article 13: Governance

(a) Action of the Caucus shall be taken at general membership (how if the members have no participation rights) meetings of the Caucus or at meetings of its Executive Board.  Action at a board meeting or via e-mail or telephone poll may be taken only if a quorum approves the action. 
    
(b) The Caucus acting at a general membership meeting or through its Executive Board shall have the authority, power, discretion and responsibility to take any and all action that it deems appropriate to advance its purposes, including the authority, power, discretion and responsibility:

     (1) To see to it that the affairs and business of the Caucus are

         properly conducted;

 

    (2)To establish appropriate rules, regulations, policies, and

         procedures governing the operation of the Caucus that are not

         inconsistent with these bylaws, or the Uniform Constitution of

         LiUNA. (the bylaws don’t comply with the constitution)

 

     (3)To determine the means and priorities for advancing the

          purposes of the Caucus;

     (4) To commit and expend the Caucus' assets;

     (5) To delegate authority, powers, discretion, and responsibilities

          to its Officers individually or acting collectively as its Executive

          Board;

 

     (6) To employ staff, and to retain professional advisors and other

          service providers, if appropriate;

 

     (7) To perform the functions and responsibilities provided

           elsewhere in these by-laws;

 

 

 

     (8) To enforce the claims of the Caucus and to defend claims

          against the Caucus;

 

     (9) To reimburse and advance from the Caucus' assets the   

          (approved)

          reasonable and actual expenses incurred by Board Members

          and Caucus staff in performing authorized services for the

          Caucus; and

 

   (10) To establish one or more accounts in a bank or other depository

          in the name of the Caucus.

 

 

 

 

Article 14: Financials

(a) All of the funds of the Caucus shall be deposited and held in such bank or other depository account(s) as the Executive Board shall establish in the name of the Caucus until withdrawn, transferred or disbursed upon the authority of the Executive Board.

(b) The Secretary -Treasurer shall together with the President sign all checks or orders for payment of monies from the Caucus’ established accounts and sign all official documents.   

(c) The Executive Board shall give to the President and the Secretary-Treasurer authority to commit and expend funds no more than $500.00 without prior vote approval.

(d) The Caucus shall maintain appropriate and accurate financial books and records, including records of all receipts and disbursements.  The Secretary-Treasurer shall have primary responsibility for ensuring the maintenance of such books and records, and shall act as the custodian of all records (including minutes) of the Caucus.  All such books and records shall be open to reasonable inspection by any member of the (Caucus?)Executive Board.

(d) The financial books and records of the Caucus shall be audited annually by a certified public accountant designated by the Board.  The books and records of the Caucus shall be subject to audit by LIUNA.

(e) The Secretary-Treasurer shall have primary responsibility for ensuring that all governmental reports required of the Caucus are prepared and filed.

(f) The President shall issue (to?) an annual written report on the Caucus' operations, activities, accomplishments, and finances.

(g) The Caucus shall not undertake any obligations that cannot be supported by its income. 

 

Article 15: Dissolution of the Caucus.

(a) The Caucus shall be dissolved upon the first occurrence of any of the following events:

     (1) The Executive Board dissolves the Caucus; or

     (2) By a majority vote of the membership at the annual meeting or

          special call meeting of the membership; or

 

(3)LIUNA directs the Signatory Labor Organizations (?) to dissolve   

     the  Caucus.

 

 

(b) In the event of dissolution, all of the assets of the Caucus remaining after satisfaction of the Caucus’s just debts shall be transferred to another non-profit organization dedicated to the ideals and the mission of the Caucus.

 

Article 16: Anti-Inurnment (No Personal Benefit).

Under no circumstances, including dissolution of the Caucus, shall the net earnings of the Caucus inure to the benefit of any individual or entity except to the extent permitted under Article 501(c) (5) of the Internal Revenue Code of 1986 and any other applicable law.

 

Article 17: Effective Date.

The Effective Date of these Bylaws is XXXX  

 

 

 

Article 18: Amendment.

The Bylaws may be amended, altered, or repealed only by a vote of two-thirds of the Caucus acting at an Executive Board Meeting.

 

Acknowledgment of Agreement

The Caucus hereby acknowledges these bylaws by the authorized signatures below:

 

____________________________ 

 _______________ 

 __________

Dan Woodall

President

Date

____________________________ 

________________

___________

Grover Johnson

 Vice President

 Date

____________________________

________________

___________

Carl Styles

Secretary-Treasurer

Date

____________________________

________________

___________

Will Irving

Recording Secretary

Date