Local 655 AFM - Bylaws
Revision Adopted 3/10/03
TABLE OF CONTENTS:
Section 1. NAME
This local union shall be known as the South Florida Musicians Association, Local 655, American Federation of Musicians, herein referred to as the "Local."
Section 2. AFFILIATIONS
The Local shall be an affiliated Local of the American Federation of Musicians of the United States and Canada, herein referred to as the "Federation."
Section 1. OBJECT
The object of the Local shall be to:
(a) unite musicians of the South Florida area without discrimination, regardless of race, creed, sex or national origin;
(b) elevate and better the economic status, social position, and general welfare of its members;
(c) negotiate collective bargaining agreements with employers on behalf of its members;
(d) provide assistance in contract administration and enforcement for the protection of its members;
(e) resolve grievances, disputes and controversies among members and employers;
(f) advocate the interest of members to the public and governments.
Section 2. JURISDICTION
Subject to additions, deletions or changes which may be hereafter mandated by the Federation, the territorial jurisdiction of the Local shall be the following counties in Florida: Broward; Glades; Hendry, except the town of La Belle; Indian River; Martin; Miami-Dade; Monroe; Okeechobee; Palm Beach; and Saint Lucie.
Section 3. AUTHORITIES
(a) These Bylaws are subject and subordinate to the Bylaws and Amendments thereto of the Federation.
(b) These Bylaws shall not be enforced in any manner in conflict with public law.
Section 4. SEVERABILITY
If any article, section, subsection, or portion thereof, of these Bylaws should be held to be illegal, invalid, or null and void by a court of competent jurisdiction, each and every other provision of these Bylaws shall remain in full force and effect.
Section 1. ELIGIBILITY FOR MEMBERSHIP
All performers on musical instruments of any kind and vocalists, or other individuals who render musical services of any kind are eligible for membership, subject to the laws and jurisdiction of the Federation.
Section 2. APPLICATION FOR MEMBERSHIP
(a) Applicants for membership who are current or former members of the Federation are subject to appropriate provisions of the Bylaws of the Federation.
(b) Applicants for membership are required to complete the Federation approved application form and deposit the required fees and dues for membership.
(c) An applicant shall become a member of the Local upon approval by a majority vote of the Executive Board.
(d) An applicant having been approved by the Executive Board who is not currently a member of another Federation local shall give the required oath of obligation to an appropriate official of the Local and shall attend an orientation meeting.
Section 3. LIFE MEMBERSHIP
Any member of the Local who has completed 35 cumulative years of membership in good standing in the Federation, 2 years of membership in the Local, and has attained the age of 65 years shall be declared eligible for the status of Life Membership.
Any Life Member may opt to become an Inactive Life Member. Inactive Life Members shall have all the rights and privileges of regular members but shall not be allowed to vote or hold office. Inactive Life Members shall be allowed to play a maximum of $1000 in engagements per year.
Section 5. YOUTH MEMBERSHIP
(a) Any person ages 20 or younger may join the Local as a Youth Member.
(b) Youth members shall pay regular periodic dues and work dues, but shall not pay Local or Federation initiation fees.
Section 6. STUDENT MEMBERSHIP
(a) Any student registered in an accredited school, college, or university may join the Local as a Student Member.
(b) Student members shall pay regular periodic dues and work dues, but shall not pay Local or Federation Initiation Fees.
Section 1. RIGHTS OF MEMBERS
(a) To participate in membership meetings.
(b) To promote the object of the Local.
(c) To recruit qualified members.
(d) To defend the purposes of the Local.
(e) To obtain copies of collective bargaining agreements and all related letters of understanding agreed to by the Local.
(f) To inspect minutes and financial records of the Local and obtain copies of minutes, subject to reasonable costs.
(g) To be informed of the status of all grievances.
(h) To elect members of respective bargaining units to represent them in negotiations of collective bargaining agreements.
Section 2. DUTIES OF MEMBERS
(a) To act in good faith and deal fairly with the Local and its members.
(b) To not act in any way detrimental to the interests of members, or the interests, standings or object of the Local.
(c) To perform engagements for at least the minimum compensation established for such engagements by the Local or the Federation.
(d) To not
interfere in any way with an engagement which another member is performing or
has contracted to perform.
(e) To appear on all engagements in a fit condition and to display conduct becoming of a professional musician.
(f) To obtain permission of the Executive Board before performing any engagement for no compensation.
(g) To pay all dues, fees and assessments of the Local in a timely manner.
(h) To not render services for organizations, establishments, or persons on the International Unfair List.
(i) To honor lawful strikes of the Local or Federation; to not work for an employer against whom the Local or Federation is engaging in a lawful, primary strike; to not cross or work behind a lawful, primary picket line established by the Local or the Federation.
(j) To notify the Local of changes in address, telephone number, email address, and other contact information within two (2) weeks.
(k) To notify the Local of any violation of these bylaws.
Section 1. INITIATION FEE
(a) The Local initiation fee shall be $50.00.
(b) New Federation members may be subject to Federation initiation fees.
(c) Student and Youth members are exempt from initiation fees.
Section 2. ANNUAL MEMBERSHIP DUES
(a) Annual dues for Regular and Student Members shall be $176.00 per year.
(b) Annual dues for Youth Members shall be $108.00 per year.
(b) Annual dues for Life Members shall be $110.00 per year.
(c) Annual dues for Inactive Life Members shall be $80.00 per year.
(d) Annual dues shall be payable January 1st, and shall be paid by January 31st (due date).
(e) Annual dues may be paid semiannually as follows:
1. One-half the yearly dues shall be payable January 1st, and shall be paid by January 31st (due date).
2. One-half the yearly dues shall be payable July 1st, and shall be paid by July 31st (due date).
(f) Late Fees
1. Members shall pay a $5.00 late fee for membership dues paid after January 31st.
2. Members paying membership dues semiannually shall pay a late fee of $5.00 if the first half payment is received after January 31st, and a late fee of $5.00 if the second half payment is received after July 31st.
Section 3. WORK DUES
(a) Members shall pay work dues on musical services performed within the jurisdiction
of the Local as follows:
1. Engagements working under a collective bargaining agreement: 3% of scale wages
a. Employment under Motion Picture Agreement: 4.35% (effective 1/1/14: 4.6%)
b. Employment under TV Videotape Agreement: 3.75% (effective 1/1/14: 4.25%)
c. Earnings under Commercial Announcement Agreement 3.75% (except original sessions): (effective 1/1/14: 4.25%)
d. Earnings under the Sound Recording Labor Agreement: 3.5% (effective 1/1/14: 3.75%)
e. All other Agreements: 3.5% (effective 1/1/14: 4% of scale wages)
3. Referral program engagements: 10% of scale wages
4. All other engagements: 3% of scale wages
(b) Work dues shall be payable to the Local within 21 days of the engagement.
(c) Contractors/leaders shall deduct applicable work dues from members wages, with the memberís written permission. Work dues deducted from wages shall be payable to the Local within 21 days of the engagement.
Section 4. RECRUITMENT CREDITS
(a) Members shall earn a credit of $20 for each new member referred to the Local who subsequently joins the Local.
(b) Credits shall be applied to the following yearsí annual dues, to a maximum of the amount of the yearly dues.
Section 5. FISCAL YEAR
The fiscal year of the Local shall be from January 1st to December 31st.
Section 1. SUSPENSIONS
Members whose membership dues remain unpaid more than one (1) month past the due date shall have their memberships suspended.
Section 2. EXPULSIONS
Members whose membership dues remain unpaid more than four (4) months past the due date shall have their names dropped from the membership roll, and shall be expelled from the Local.
Section 3. RESIGNATIONS
Members in good standing may resign from the Local by submitting a resignation in writing to the Local.
Section 4. REINSTATEMENTS
(a) A member who has resigned in good standing, or who has forfeited membership for nonpayment of dues, may be reinstated subject to the bylaws of the Federation.
(b) Reinstatement Fees:
1. Former members who resigned in good standing shall pay a reinstatement fee of $10.00 before being reinstated.
2. Suspended members shall pay a reinstatement fee of $15.00, plus all delinquent dues and fees before being reinstated.
3. Expelled members shall pay a reinstatement fee of $40.00, plus all delinquent dues and fees before being reinstated.
Section 2. DUTIES OF THE OFFICERS
(a) The President shall:
1. Preside at all membership and Executive Board meetings.
2. Have the authority to call special meetings of the Executive Board. The President shall set the date, time and place of the special meeting.
3. Be an ex-officio member of all committees except the Election Committee.
4. Have authority, with the approval of the Executive Board, to appoint personnel to assist in the duties of the President.
5. Be Chief Executive Officer, responsible for implementing the policies and directives enacted by the Executive Board.
6. Serve as a business representative for the Local and as such shall make on-site visits to places in the jurisdiction where musicians are performing at the direction of the Executive Board.
(b) The Vice President shall:
1. Assume the duties of the President in the absence of that officer.
(c) The Secretary-Treasurer shall:
1. Be custodian of all funds of the Local.
2. Be custodian of all the records of the Local, except those assigned to others.
3. Maintain a current membership roll.
4. Collect membership dues, fees and assessments.
5. Keep accurate records of receipts and disbursements, and pay bills when due.
6. Prepare and file all reports required by the Federation and government authorities.
7. Make a treasurerís report at each membership meeting, and each Executive Board meeting of the Local.
8. Prepare a proposed annual budget, for adoption by the Executive Board, prior to the beginning of each fiscal year.
9. Prepare an annual financial report for audit, as approved by the Executive Board.
10. Record the proceedings of the meetings of the Local, and handle the correspondence of the Local.
11. Publish and distribute the Localís newsletter.
12. Publish and distribute the Localís bylaws.
13. Publish and make available the Localís membership directory and wage scales.
14. Have the authority, with approval of the Executive Board, to employ personnel to assist in the duties of the Secretary-Treasurer.
15. Make public records of the Local available to members, upon request.
16. Schedule orientations of new members.
17. Serve as a business representative for the Local and as such shall make on-site visits to places in the jurisdiction where musicians are performing at the direction of the Executive Board.
(d) the Executive Board shall:
1. Meet at least eight times per calendar year. The Executive Board shall set the date, time and place of regular board meetings.
2. Approve all membership applications.
3. Approve all disbursements of Local funds.
4. Approve all financial accounts of the Local.
5. Approve an Annual Budget before the beginning of each fiscal year;
6. Approve the audit of the annual report of the Secretary-Treasurer.
7. Have the authority to vacate a Directorís office if that Director is absent from more than three Executive Board meetings per calendar year.
8. Have the authority to fill vacancies in any office until a special membership meeting can be called to fill the vacancy.
9. Serve as a board of arbitration to hear and decide all claims against members and purchasers.
10. Serve as a trial board to hear and decide all charges against members and impose appropriate fines or other disciplinary action.
11. Constitute the official bargaining agents for the Local in all negotiations for collective bargaining agreements with employers.
12. Have authority to classify the various establishments in the Localís jurisdiction for purposes of the Wage Scale List.
13. Establish minimum wages and prices for any types of engagement not covered in the wage scale list.
14. Not act upon or decide any matter or question before it by secret ballot. The vote of each member voting shall be recorded in the minutes.
15. Designate each Executive Board member, except the President, to serve on at least one standing committee.
16. Supervise the affairs of the Local.
(e) The President, Vice President, and Secretary-Treasurer shall submit a written monthly report of their activities to the Executive Board.
(f) Officers shall deliver to their successors all materials pertaining to their offices no more than three (3) days after the installation of their successors.
(g) The President and the Secretary-Treasurer shall be the signatories to the Localís financial accounts. The two signatures shall be required on the Localís checks and all other disbursements of Local funds.
Section 3. Wages and Benefits
(a) Officers of the Local shall receive wages as follows:
1. President: $5,200 per year, paid weekly.
2. Vice President: $600 per year, paid monthly.
3. Secretary-Treasurer: $16,900 per year, paid weekly.
4. Directors: $600 each per year, paid monthly.
(b) Wages of employees of the Local other than officers shall be determined by the Executive Board.
(c) Mileage Reimbursement
The Vice President and Directors shall receive $20.00 per Executive Board meeting attended.
Employees of the Local shall be entitled to two weeks annual paid vacation. In their third and fourth years of service, they shall be entitled to three weeks annual paid vacation. In their fifth and following years of service, they shall be entitled to four weeks annual paid vacation. Vacation time not utilized shall expire on December 31st of each year.
(e) Pension Fund
Employees of the Local shall be covered by the AFM-EP Fund. The Local shall contribute to the fund 8% of wages paid. Effective June 1, 2010, the Local shall contribute to the fund 8.5% of wages paid. Effective April 1, 2011, the Local shall contribute to the fund 9% of wages paid.
Section 1. Delegates to conventions and conferences of the Federation, and affiliated organizations, shall be:
(a) First delegate: President
(b) Second delegate: Secretary-Treasurer
(c) Third delegate: Vice President
Section 2. Delegates representing the Local at conventions and conferences shall be reimbursed for reasonable travel expenses as determined by the Executive Board.
Section 1. Nominations and elections shall be held triennially commencing with the term of office beginning January 2012.
Section 2. Election day shall be the third Monday in November of an election year.
Section 3. ELIGIBILITY TO VOTE
In order to vote in an election, a person
must be a member in good standing continuously for at least 60 days
prior to election day.
Section 4. ELECTION COMMITTEE
(a) At least 100 days prior to election day the President shall, with the approval of the Executive Board, appoint an Election Committee composed of at least three (3) members in good standing.
(b) Members of the Election Committee shall not be candidates for office.
(c) The Election Committee shall be responsible for receiving nominations and for running the election.
Section 5. NOMINATIONS
(a) Any member in good standing continuously for one year prior to nomination day shall be eligible for nomination to office.
(b) Nominations shall be conducted by petition as follows:
1. Nominations for all offices shall be by written petition, signed by the nominee, and by no fewer than five (5) additional members in good standing. Such petitions shall show each memberís name printed adjacent to the memberís signature.
2. At least 90 days prior to election day, members shall receive:
A. Notice of the nominations and the offices subject to nomination.
B. A sample nomination petition.
3. Nomination petitions must be received by the Election Committee no later than 60 days prior to election day.
4. Nominees, and the offices for which they have been nominated, shall be posted as they are received.
5. Members may not accept nomination for more than one office at a time.
(c) A list of candidates shall be published in the newsletter. Candidates shall have free space in the newsletter for up to 100 words to promote their candidacy.
Section 6. ELECTION
(a) Officer shall be elected for a term of three (3) years, or until their successors are elected.
(b) If there is only one nominee for an office, that candidate shall be automatically elected and no ballot vote shall be necessary for that office.
(c) Elections shall be conducted by mail as follows:
1. A printed, secret election ballot shall be mailed to each member of the Local no earlier than 45 days and no later than 30 days prior to election day, along with instructions for completing and returning it.
2. The election ballot shall contain a list of the offices with the names of every candidate. The names of the candidates for each office shall be listed alphabetically by last name.
3. Only members whose names are printed on the election ballot shall be eligible for election. Write-in candidates shall not be allowed.
4. Election ballots shall be received no later than 5:00 p.m. on election day.
(d) Officers shall be elected by a plurality vote.
(e) Election results shall be posted within five (5) days of election day.
(f) Officers shall be installed on the first business day in January following election day, and take office immediately.
Section 7. FILLING VACANCIES IN OFFICES
(a) Vacancies occurring within 180 days of the end of a term shall be filled by the Executive Board.
(b) Vacancies occurring more than 180 days before the end of a term shall be filled at a special meeting as follows:
1. The Executive Board shall call a special membership meeting within 60 days of the vacancy in an office for the purpose of filling the vacancy, and any other business that may arise.
2. Members shall receive written notice of the special membership meeting at least 30 days in advance. The notice shall state the time, date, location, and purpose of the special membership meeting.
3. Nominations for the vacant office shall be taken at the special membership meeting from the floor, followed by a ballot vote.
4. The newly elected officer shall be installed, and shall take office, immediately after the vote.
Section 1. REGULAR MEMBERSHIP MEETINGS
Regular membership meetings shall be held at least three (3) times per year. The Executive Board shall set the date, time and place of regular membership meetings.
Section 2. SPECIAL MEMBERSHIP MEETINGS
The President or the Executive Board may call a special membership meeting for a specific purpose. Notice shall include the purpose of the special membership meeting and shall be mailed at least 15 days prior to the special membership meeting.
Section 3. QUORUM
Fifteen (15) members of the Local shall constitute a quorum.
Section 4. The Executive Board shall be responsible for acting on business not covered in a membership meeting due to the lack of a quorum. The Executive Board may not decide questions of officer remuneration, duties of officers, changes in the Bylaws, or any other question requiring more than a majority voice vote.
Section 5. ORDER OF BUSINESS
The order of business for regular membership meetings shall be:
(a) Roll Call of Officers
(b) Reading and Approval of Minutes
(c) Reports of Officers, Boards, and Standing Committees
(d) Report of Special Committees
(e) Special Orders
(f) Unfinished Business and General Orders
(g) New Business
(h) General Good and Welfare
Section 1. STANDING COMMITTEES
Standing committees shall be appointed by the Executive Board and shall be:
(a) Symphonic Musicians Committee:
1. This committee shall include at least one member from each orchestra having a collective bargaining agreement with the Local.
2. This committee shall be in charge of reviewing matters of interest to musicians playing symphonic engagements.
(b) Recording Musicians Committee: This committee shall be in charge of reviewing matters of interest to musicians playing recording engagements.
(c) Casual Musicians Committee: This committee shall be in charge of reviewing matters of interest to musicians playing casual engagements.
(d) Theater Musicians Committee: This committee shall be in charge of reviewing matters of interest to musicians playing theater engagements.
(f) Wage Scale Committee: This committee shall be in charge of reviewing, and recommending changes to the wage scale.
(g) Bylaw Committee: This committee shall be in charge of reviewing, and recommending changes to the bylaws.
Section 2. SPECIAL COMMITTEES
Special committees shall be appointed by the Executive Board.
Section 3. ORCHESTRA COMMITTEES
The Local shall recognize orchestra committees elected by the members of symphony orchestras under the Localís jurisdiction. Such committees shall serve as liaison between the orchestra players and the Local.
Section 1. A member may file charges with the President against another member for violation of the Bylaws, for failure to receive wages due, or for violation of a contract or agreement. A member may also file claims with the President against a non-member employer or purchaser if such party has agreed to submit claims to the Executive Board for arbitration.
Section 2. Claims and charges must be filed in writing with the President within one year of the date of the occurrence and shall contain the following:
(a) The nature of the offense;
(b) The provisions at issue;
(c) The date, time and place of the alleged occurrence;
(d) Sufficient facts to provide the charged party information to prepare a defense
Section 3. Notices concerning claims and charges shall be sent by the President to the affected parties by certified mail.
Section 4. Charged parties shall be given at least 21 days from the mailing of the notice to prepare a defense. The charged party shall be allowed to present witnesses and may bring a representative to the hearing to speak on the charged partyís behalf.
Section 5. The Executive Board shall conduct a full and fair hearing and render its decision within 45 days of the filing of the claim or charge.
Section 1. Federation-approved contracts must be filed prior to the start of all engagements.
Section 2. Engagement reports must include the date, location, hours of the engagement, name of the employer/purchaser, the name of the leader, names and social security numbers of musicians, amounts of scale wages and pension contributions paid. Engagement reports must be filed within 21 days of an engagement.
Section 3. Payment to musicians performing an engagement must be made within 14 days. Any leader, contractor, or purchaser who fails to pay a musician for an engagement within 14 days of the performance date may be subject to disciplinary action or fines
Section 4. Musicians hired for an engagement that is subsequently postponed shall have the first right of refusal for the rescheduled date.
Section 5. Fourteen (14) days notice is required for the cancellation of engagements unless mutual consent is given.
Section 6. Notice must be given to the Local of the cancellation of any engagement for which a contract has been filed.
Section 7. No member can be required to buy a uniform or any part thereof, unless engaged for a period of ten or more consecutive weeks, and then the member shall not be required to pay an unreasonable price for such uniform or any part thereof.
Section 1. The wage scale list of the Local is hereby incorporated into and made a part of these Bylaws.
Section 2. The wage scale list shall contain the minimum wages, benefits and pension rates for musical services preformed in the jurisdiction of the Local.
Section 3. NON-BARGAINING SUBSTITUTES
Substitute and extra musicians who work under a collective bargaining agreement shall receive compensation equal to contracted players.
The rules contained in the current edition of Robertís Rules of Order Newly Revised shall govern the Local in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Local may adopt.
Section 1. These bylaws may be amended at any regular or special membership meeting provided notice of the proposed amendment is delivered to members at least 30 days in advance. Amendments to the Bylaws shall require a two-thirds (2/3) vote to be adopted, except amendments that provide for any change in dues, assessments and/or initiation fees shall require a majority vote by secret ballot to be adopted.
Section 2. RESOLUTION TO AMEND THE BYLAWS
(a) A resolution to amend the Bylaws may be presented in writing to the Secretary-Treasurer by:
1. the Executive Board;
2. any ten (10) members in good standing;
3. the Bylaws Committee, for changes to the Bylaws other than the wage scale;
4. the Wage Scale Committee, for changes to the wage scale.
(b) Resolutions to amend the Bylaws shall be referred to the Bylaws Committee, except resolutions to amend the wage scale shall be referred to the Wage Scale Committee. Resolutions originating in the Bylaw Committee or the Wage Scale Committee shall not require referral back to the committee.
(c) The Bylaw and Wage Scale Committees have the authority to amend the form, but not the substance of referred resolutions. The appropriate committee shall make a written report to the Executive Board no more than 30 days after receipt of the resolution by the Secretary-Treasurer. The report shall include one of the following recommendations:
1. report favorably
2. report unfavorably
3. report without comment
(d) The resolution to amend the Bylaws shall be considered at a regular or special membership meeting held no more than 120 days after receipt of the resolution by the Secretary-Treasurer.
Section 3. NOTICE TO AMEND THE BYLAWS
The Secretary-Treasurer shall make written notice to all members of the regular or special membership meeting at which the resolution is to be acted upon. The notice shall contain the resolution, the recommendation of the Bylaw or Wage Scale Committee, and the date, time and place of the meeting. The notice shall be delivered to the membership at least 30 days prior to the membership meeting.
Section 4. DATE WHEN A BYLAW AMENDMENT TAKES EFFECT
(a) An amendment to the Bylaws, other than the wage scale, goes into effect immediately upon its adoption unless the motion to adopt specifies another time for its becoming effective, or the membership has set such a time by a previously adopted motion.
(b) Amendments to the wage scale shall take effect sixty days after adoption, unless a later date is specified in the amendment. Contracts on file with the Local prior to adoption of wage scale amendments shall be honored at the rate in effect prior to adoption.