Revised June 22nd, 2020
Click each article to expand/collapseARTICLE I - NAME AND JURISDICTION
SECTION 1. This organization shall be known as American Federation of Musicians, Local No. 99, Portland, Oregon (hereinafter referred to as “Union”).
SECTION 2. The territorial jurisdiction of the Union shall encompass the counties of Clackamas, Clatsop, Columbia, Gilliam, Hood River, Lincoln, Linn, Marion, Multnomah, Polk, Sherman, Tillamook, Wasco, Washington, Wheeler, Yamhill, Morrow, Umatilla, Union, Wallowa, Grant and Baker in the state of Oregon; the counties of Clark, Cowlitz, Klickitat, Lewis, Pacific, Skamania and Wahkiakum in the state of Washington; and any additions, deletions or changes that may be hereafter approved or mandated by the American Federation of Musicians.
- Elevating and bettering the economic status, social position, and general welfare of its members;
- Negotiating collective bargaining agreements with employers on behalf of its members;
- Providing assistance in contract administration and enforcement for the protection of its members;
- Promoting good faith and fair dealing between its members;
- Resolving grievances, disputes and controversies among members and employers;
- Advocating the interests of its members to local and state governments and to the public; and
- Encouraging, promoting, supporting, and developing audiences for the preservation, enjoyment and appreciation of performances by professional musicians.
SECTION 2. Applicants for membership must complete the official application form prescribed or approved by the American Federation of Musicians and deposit the required fees and dues for membership. Payment of initial fees and dues may be made in accordance with a schedule established by the Executive Board. Each applicant shall be issued a copy of the Bylaws of the American Federation of Musicians and of this Union, the Price List, and the membership directory, along with a temporary membership card valid through the final day of the last quarter for which they have paid dues. Those making application within the last fourteen days of a calendar quarter shall pay dues as though joining in the following quarter; otherwise, dues shall be payable beginning with the current quarter.
SECTION 3. Applicants for membership who are former members of this or any other local of the American Federation of Musicians or who are currently members of any other AFM local are subject to appropriate provisions of the Bylaws of the AFM relating to affiliation as former or traveling members.SECTION 4
SECTION 4. An applicant shall become a member of this Union upon approval of his or her application by a majority vote of the Executive Board.
SECTION 5. An applicant, having been approved by the Executive Board, who is not currently a member of another local of the American Federation of Musicians shall give the required oath of obligation to an appropriate official of the Union, either orally or in writing, and must, as a condition of membership, attend a Union orientation meeting within six months from the date of approval. Should an applicant fail to attend an orientation meeting within the required time, his or her rights and privileges of membership will be suspended until he or she has attended an orientation meeting.
SECTION 6. Oath of obligation for new members: “I, […giving name…], in the presence of the members here assembled, do solemnly promise and declare on my word of honor, that I will support the Constitution and Bylaws of the American Federation of Musicians, submit to its mandates, and obey all laws emanating therefrom, and to the Bylaws of Local No. 99 of the American Federation of Musicians. To all this I pledge my sacred word of honor.”
SECTION 7. Eminent composers or instrumentalists, or any other person who through any act or deed has distinguished himself or herself for the benefit of the Union or the musical profession, may become an Honorary Member of the Union upon the recommendation of the Executive Board and an affirmative vote at a membership meeting where the recommendation is considered. Honorary Members shall not be subject to dues or any other requirement of membership, and shall have the right to attend membership meetings of the Union, but shall have no voice or vote, nor shall they have any other right or privilege of membership.
SECTION 2. Any member in good standing of Local 99 shall be eligible to be an officer of the Union.
SECTION 3(a). It shall be the duty of the President to preside at all meetings of the membership and Executive Board and to enforce due observance of the Bylaws. The President shall convene all regular and special meetings of the membership and of the Executive Board and decide all disputed points of order unless a two-thirds majority of the votes cast dissent therefrom.
SECTION 3(b). The President shall be authorized to countersign all checks, bills and agreements or orders for payment of money.
SECTION 3(c). The President shall appoint all standing and ad hoc committees, except the Finance Committee, and shall be an ex-officio member of all committees except the Election Committee.
- A Law and Legislative Committee of three members of the Union, who shall be appointed by the President, shall examine all resolutions and amendments presented to the Union, put them in proper shape and wording, ascertain that they do not conflict with existing laws, rules or regulations, and report the Committee’s recommendations regarding such resolutions and amendments to the General Meeting prior to discussion on same.
- A Price List Committee of at least three members of the Union shall be appointed by the President in January of each year. It shall be the duty of the Committee to study the Price List and Working Conditions and to submit recommendations for any changes in same for consideration at the June General Meeting. The President shall notify the Committee members of their appointment by February 1 of each year, apprising them of the Fanfare deadline associated with completing their work in time for the June General Meeting.
SECTION 3(d). By virtue of his or her election to office by secret ballot, the President shall represent the Union as a delegate to all bodies with which the Union is affiliated, including, but not limited to, the American Federation of Musicians Convention, the Western Conference of Musicians and local and state central labor councils.
SECTION 3(e). The President shall maintain regular office hours totaling at least twenty hours per week, the majority to be maintained between the hours of 9 a.m. and 4 p.m., Monday through Friday.
SECTION 3(f). The President shall perform additional duties that may be determined by the Executive Board from time to time. The President shall be reimbursed for any out-of-pocket expenditure made in the performance of such duties.
SECTION 3(g). The office of the President shall be a salaried position with fringe benefits and a cost-of-living increase annually which shall be recommended by the Executive Board and approved by the General Assembly by a majority vote. By action of the Executive Board and approval of the membership, the President’s salary and fringe benefits will be set and not reduced during the term of office.
SECTION 3(h). The President shall report in advance to the Executive Board all musical services for which he or she is engaged. If such report cannot be made in advance, the President shall report same at the next regular meeting of the Executive Board. The President shall not book, contract nor serve as leader for any musical engagement if the President’s regular compensated hours are set at an average of thirty or more hours per week.
SECTION 4(a). It shall be the duty of the Vice President to perform the duties of the President in the event of the President’s absence or temporary inability to perform same.
SECTION 4(b). In the event of the death, disability, resignation or removal from office of the President, the Vice President shall perform the duties of the President until a new President is elected as provided elsewhere in these Bylaws.
SECTION 4(c).The Vice President shall be authorized to countersign all checks, bills and agreements or orders for payment of money.
SECTION 4(d). The Vice President shall perform additional duties as may be determined by the Executive Board from time to time. The Vice President shall be reimbursed for any out-of-pocket expenditure made in the performance of such duties.
SECTION 4(e). The Vice President shall be compensated at the same rate as other non-salaried members of the Board, except that when the circumstances referred to in Sections 4(a) and (b), above, require that the Vice President maintain the office hours approved for the President, the Vice President shall be compensated at the same rate as the President.
SECTION 4(f). Should either the President or Secretary-Treasurer be unable, for whatever reason, to serve in their capacities as delegates to the American Federation of Musicians Convention, the Vice President, by virtue of his or her election to office by secret ballot, shall serve in the President’s or Secretary-Treasurer’s stead. In the event that the Vice President is already the duly elected delegate at large or is otherwise unable to attend, the duly elected alternate delegate, provided for elsewhere in these Bylaws, shall then serve.
SECTION 5(a). It shall be the duty of the Secretary-Treasurer to attend and keep a faithful record of the proceedings of meetings of the membership and of the Executive Board, issue notices for all such meetings, and provide upon request the minutes of such meetings within seventy-two hours of finalization of such minutes, answer all communications, act as correspondent for the Union and Executive Board, and maintain a true and accurate account of the membership of the Union. He or she shall mail immediately a copy of the minutes of any meeting of the Executive Board to any Board member who so requests prior to the meeting at which such minutes are to be finalized.
SECTION 5(b). The Secretary-Treasurer shall notify applicants for membership of their acceptance or rejection by the Executive Board within eight days of same. He or she shall publish in the official journal of the Union the names, addresses, telephone numbers and instruments of new members. He or she shall also publish the names of those members who have reinstated or who have been suspended or expelled.
SECTION 5(c). The Secretary-Treasurer shall publish annually or biannually, depending upon the financial situation of the union, a directory of the Union containing the names, addresses, telephone numbers and instruments of every full member in good standing of the Union. The Secretary-Treasurer shall then mail and/or make available a copy of the directory to each such member.
SECTION 5(d). The Secretary-Treasurer shall record in the minutes and publish in the official journal all amendments to the Bylaws and Price List of the Union, and shall maintain an updated copy of the Bylaws and Price List in the Union office for inspection by any member. Further, when such amendments warrant same, he or she annually shall publish and make available to the membership a complete new version of the Bylaws and Price List reflecting all amendments thereto.
SECTION 5(e). The Secretary-Treasurer shall prepare and sign all checks and issue same when countersigned by the President or Vice President and approved by the Executive Board, and shall be authorized to sign all bills and agreements or orders for payment of money.
SECTION 5(f). The Secretary-Treasurer shall keep an accurate account of all receipts and expenditures of the Union and shall, in such manner and at intervals determined by the Executive Board, present a detailed statement of all receipts and expenditures to the Board, which statement shall then be posted on the Union bulletin board. He or she shall deposit all funds of the Union in their appropriate accounts and shall invest any surplus or idle funds in a manner determined by the Executive Board. He or she shall surrender all of the books of accounts to an independent certified public accountant engaged by the Executive Board to conduct an annual review.
SECTION 5(g). At the expiration of his or her term of office, the Secretary-Treasurer shall deliver to his or her successor all moneys, books and records belonging to the Union.
SECTION 5(h). By virtue of his or her election to office by secret ballot, the Secretary-Treasurer shall represent the Union as a delegate to all bodies with which the Union is affiliated, including, but not limited to, the American Federation of Musicians Convention, the Western Conference of Musicians and local and state central labor councils.
SECTION 5(i). The Secretary-Treasurer shall serve as editor of Fanfare, the official journal of the Union, and shall mail and/or email copies of each new issue of Fanfare to the last known addresses of all full, provisional and members of the Union.
SECTION 5(j). The Secretary-Treasurer shall, upon approval of the Executive Board, employ clerical or other types of assistance as deemed necessary to aid him or her in efficiently carrying out the functions and duties of his or her office.
SECTION 5(k). The Secretary-Treasurer shall maintain regular office hours totaling not less than twenty hours per week, the majority of which shall be maintained between the hours of 9 a.m. and 4 p.m., Monday through Friday. These hours shall be stated in all notices to members of the Union.
SECTION 5(l). The Secretary-Treasurer shall be a salaried position with benefits and a cost-of-living increase annually which shall be recommended by the Executive Board and approved by a majority vote of the General Assembly, and shall not be decreased during the term of office. Upon the recommendation of the Executive Board, the Secretary-Treasurer’s salary may be increased by a vote of the membership at any General Meeting. The Secretary-Treasurer shall be entitled to an annual vacation with pay in accordance with the Union’s office vacation policy established by the Executive Board.
SECTION 5(m). The Secretary-Treasurer shall report in advance to the Executive Board all musical services for which he or she is engaged. If such report cannot be made in advance, the Secretary-Treasurer shall report same at the next regular meeting of the Executive Board. The Secretary-Treasurer shall not book, contract nor serve as leader for any musical engagement if the Secretary-Treasurer’s regular compensated hours are set at an average of thirty or more hours per week.
DUTIES OF THE EXECUTIVE BOARD
SECTION 6(a). The Executive Board shall meet regularly on a semi-monthly basis on days and at time as as they determine by their unanimous decision. Special meetings shall be held at the call of the President or at the written request of six members of the Board. Five members of the Board shall constitute a quorum. All meetings of the Executive Board shall be open to members in good standing of the Union, provided, however, that executive sessions may be held at any time by a majority vote of the Board. The conduct of all Board meetings shall be as set forth in Robert’s Rules of Order.
SECTION 6(b). The Executive Board shall exercise general supervision of the interests, affairs, publications and assets of the Union, pass upon all applications for membership, be active in upholding Article II of these bylaws, approve all expenditures of the Union, and direct the Secretary-Treasurer as to in what bank(s) or other financial institution(s) moneys of the local are to be deposited, including the investment of surplus or idle funds.
SECTION 6(c). Upon the death of a member whose funeral is held in the Union’s jurisdiction, the Board shall be authorized, if so requested by the family of the deceased, to engage musician(s) from the ranks of the membership to furnish appropriate music for the funeral. Members so engaged shall each be paid $25.00 from the funds of the Union.
SECTION 6(d). The Executive Board is authorized to make donations or contributions from the funds of the Union in sums not exceeding $250.00 when, in the opinion of the Board, such donations are in the best interests of the Union. Proposals to make donations or contributions in excess of $250.00 shall be referred to the next General Meeting of the membership.
SECTION 6(e). The Board shall be empowered to publish a Defaulters List of all persons, firms, establishments, organizations or corporations in default to members of the Union.
SECTION 6(f). The Board shall engage an independent certified public accountant to conduct an annual review of the Union’s books of accounts.
SECTION 6(g). The Board shall employ, supervise and direct the activities of Business Representatives to represent the Union, assist its members, promote good labor-management relations with employers of musicians, recruit competent nonmember musicians, maintain the minimum standards established by the membership, and perform such other duties as may be determined by the Board in pursuit of the objectives of this Union, its members, and the American Federation of Musicians. The Board shall have the authority to fix the wages and expenses to be paid to such Business Representatives, who shall report their activities as required by the Board.
SECTION 6(h). The Board shall serve as a Board of Arbitration and Trial Board as provided elsewhere in these Bylaws.
SECTION 6(i). Each non-salaried member of the Executive Board shall receive $50.00 for each Board meeting attended in its entirety.
SECTION 6(j). Any member of the Executive Board failing to attend three consecutive meetings of the Board must relinquish his or her office, unless such absences are excused by a vote of the Board.
SECTION 6(k). When the interests of the Union demand the exercise of immediate action and the Executive Board cannot be quickly assembled, any two of the President, Vice President and Secretary-Treasurer shall be authorized to exercise the authority of the Executive Board in the case at hand, and shall report such action to the next regular meeting of the Board.
SECTION 6(l). The five non-titled Executive Officers of the Board shall each year appoint a Finance Committee of three members of the Union. The Finance Committee shall (1) audit the cash activity of the Union on a quarterly basis, utilizing controls and measures developed in consultation with the Union’s auditor and the Executive Board, (2) review and make recommendations in connection with the Executive Board’s preliminary annual budget proposal, (3) recommend to the Executive Board a sound investment program for any surplus or idle funds of the Union, and (4) make its recommendations to the Law and Legislative Committee on all resolutions and amendments presented to the Union that would have a significant impact on the Union’s finances.
SECTION 6(m). The Principal Officers, in consultation with the Executive Board, shall prepare an annual budget no later than November 15 of the year proceeding the proposed budget year. The budget will compare the current year’s expected income and expense figures with the projected revenues and expenditures for the next year, taking into account any trend of the previous three years that would indicate a probable increase or decrease in income or expenses. The Executive Board shall then submit the budget proposal to the Finance Committee for review and any recommendations, after which the proposed budget shall be returned to the Board for final action.
SECTION 2(a). Applicants shall pay a local initiation fee of $20.00, a Federation initiation fee as prescribed by the American Federation of Musicians, and two quarters’ dues at the rate set forth in Section 3(a), below.
SECTION 2(b). Applicants who qualify as Youth Members, as defined by the American Federation of Musicians, shall not pay a Local or Federation initiation fee.
SECTION 3(a)i. All members shall pay membership dues equal to the per capita assessed by the American Federation of Musicians plus $29.00 per quarter, payable on the first day of each calendar quarter. Regular members paying for the entire year in the first month of the first quarter shall receive an $8.00 discount. (N.B. – AFM per capita in 2017 is $16.50 per quarter; total Member dues is $182.00 per year)
SECTION 3(a)ii. All Youth members shall pay membership dues equal to the per capita assessed by the American Federation of Musicians plus $11.75 per quarter, payable on the first day of each calendar quarter.
SECTION 3(b). LIFE MEMBERSHIP
- Local 99/Federation Life Membership – Upon written application to the Secretary-Treasurer, any member who has been a member in good standing of Local 99 or any succession of Locals of the American Federation of Musicians for 35 accumulated years and who has attained the age of 65 years may be classified as a Local 99/Federation Life Member. Local 99/Federation Life Members shall be eligible to pay reduced membership dues equal to the per capita assessed by the American Federation of Musicians for Life Members plus $46.00 per year. It shall be incumbent upon the applying member to furnish proof of membership in the Locals upon which he or she is relying to establish eligibility for Federation Life Membership. (N.B. – AFM per capita in 2017 is $12.50 per quarter; total Local 99/Federation Life Member dues is $96.00 per year).
SECTION 3(c). ANNUAL DUES INCREASE All membership dues shall increase by $1.00 per year, effective January 1st, subject to a member ratification vote at each fall General Meeting.
SECTION 4(a). Any member who fails to pay membership dues during the quarter and permits them to remain unpaid beyond the first day of the next quarter shall stand automatically suspended from membership and shall be required to pay a late fee of $5.00 together with current dues and all arrearages owed at the time of suspension in order to reinstate his or her membership.
SECTION 4(b). Any member who permits his or her membership dues to remain unpaid through two quarters shall stand expelled from membership and shall be required to pay a reinstatement fee of $19.00 together with all arrearages owed, including late fees, if any, at the time of expulsion, plus two quarters’ current dues at the rate set forth in Section 3(a), above, in order to reinstate his or her membership.
SECTION 4(c). A member may resign from the Union in good standing by delivering written notice of same to the Secretary-Treasurer together with a payment for any and all indebtedness to the Union. When applicable, the Union shall give such member a pro-rata refund of membership dues on a quarterly basis. Thereafter, such individual may apply for reinstatement at any time by completing an application form and paying a reinstatement fee of $19.00, plus one quarter’s current dues at the rate set forth in Section 3(a), above.
SECTION 5(a). All members are required to pay dues based on earnings, known as “work dues,” at scale wages for all musical services performed. Work dues shall be computed at the rate of three percent of the applicable scale wage on the first $7,500.00 of scale wages earned in a calendar year, and shall be computed at two percent for scale earnings in excess of $7,500.00 within that calendar year. All work dues for electronic media work shall be computed to reflect currently established rates, per the Federation. Work dues shall be payable to the Secretary-Treasurer no later than the tenth day of the month following the month in which the services were performed.
Member leader/contractors are required to deduct the applicable work dues from their side musicians’ wages pursuant to written authorization from each sidemusician to make such deductions. Member leader/contractors shall remit the total work dues deducted plus their own personal work dues to the Secretary-Treasurer no later than the tenth day of the month following the month during which the services were performed, together with an engagement report form made available by the Secretary-Treasurer.
In the event that a leader/contractor fails to deduct work dues from a side musician’s wage, however, such sidemusician shall be required to remit his or her own personal work dues by the above-referenced due date.
Any member is subject to charges and appropriate disciplinary action for failure to comply with this Section.
SECTION 5(b). Any member who, at the end of a calendar year, determines he or she has paid personal work dues at the rate of three percent (or three and one-half percent in the case of electronic media work) in excess of $225.00 for that calendar year, may request a rebate from the Secretary-Treasurer for the difference between what was paid in excess of $225.00 at three percent and the amount for which the member would have been liable at two percent (two and one-half percent for electronic media work) for earnings over $7,500.00 as set forth in Section 5(a), above. In the event the records of the Union do not support a member’s claim for such eligibility, it shall be incumbent upon the member to provide proof of such payment. Alternatively, a member who expects to earn in excess of $7,500.00 in scale earnings in a calendar year may, at the beginning of such year, prepay to Local 99 $75.00 for the privilege of paying the lower rate of work dues for the entire year.
SECTION 5(c). Any member may fully satisfy their obligations under Section 5(a) of this Article for all engagements not covered by a Local or Federation collective bargaining agreements, the Musical Productions/Traveling category in the Directory, or by the Music Performance Trust Fund, by remitting annually to the Local Secretary-Treasurer the sum of $45.00, which shall be known as the “annual work dues buy-out.” A member may opt to pay for the work dues buy-out in full in the first quarter of each calendar year, or may opt to pay it quarterly on a pro-rata basis. The Secretary-Treasurer shall include the work dues buy-out option on each member’s 1st quarter membership dues bill and shall set forth both a quarterly and annual payment option on the statement. The Secretary-Treasurer shall maintain records sufficient to accurately administer the work dues buy-out. A member who chooses not to opt for the buy-out shall be fully subject to the work dues obligations as set forth in Section 5(a).
SECTION 6. The members of any bargaining unit may assess themselves with a majority vote. The bargaining unit may place limits on the duration of the assessment and the use of the assessment fund. Any assessment funds by bargaining units shall reside in a dedicated fund with Local 99
SECTION 2. Special membership meetings for a specific purpose may be called by the President or the Executive Board, by resolution adopted at a previous membership meeting, or at the written request of thirty members in good standing. Notice of the meeting, containing the purpose for calling same, shall be mailed and/or emailed to all members in good standing by the Secretary-Treasurer at least twenty-one days prior to the meeting. No other business than that specified in the notice shall be transacted at a special meeting. Members at whose request a special meeting is called must be present at said meeting, and such a member found guilty by the Executive Board of failing to attend such meeting shall be subject to a fine not to exceed $5.00.
SECTION 3. A quorum of fifteen members must be in attendance at a membership meeting for the meeting to be called to order or continued.
SECTION 4. If, at any regular or special membership meeting a quorum is not achieved, the Executive Board shall immediately convene in special session and have authority to act upon any items on the agenda of such meeting subject to applicable provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended.
SECTION 5. The conduct and procedures of all regular and special membership meetings shall be as set forth in Robert’s Rules of Order. No motion offered at a membership meeting that proposes or contemplates an expenditure of union funds exceeding $500 in a fiscal year shall be considered without prior written notification to the membership in the Union’s official publication, Fanfare.
SECTION 6. The order of business shall be as follows:
Call to order
Roll call of officers
Approval of the minutes
Reports of officers
Reports of committees
Good and welfare of the Association
SECTION 7. Only full and provisional members may attend membership meetings. Exceptions may be made by the express approval of the meeting. Each full member in good standing must sign an attendance sheet and may be required at any time to present his or her membership card indicating his or her good standing with the Union. Provisional members shall have voice but no vote, and may be required to sit in a segregated area.
SECTION 2. The Secretary-Treasurer shall maintain and make available to all members a current Price List containing minimum wage scales and working conditions.
SECTION 3. All engagements not provided for in the Price List must be brought before and classified by the Executive Board. The Board shall have authority to establish a wage scale for any type of engagement not provided for in the Price List, subject to approval by the membership at the next regular membership meeting.
SECTION 4. Effective on September 1 of each year, all wage scale categories in effect during the previous 12-month period that have not been already adjusted upward or downward, frozen for one year, or otherwise adjusted by the membership at the previous June General Meeting, shall be automatically increased for the next 12-month period by 3 percent or the Portland Urban Metropolitan Consumer Price Index, whichever is higher. The Local shall use the Consumer Price Index as printed in the Bureau of Labor Statistics News, published by the Department of Labor in February, computed from January 31 of the current year.
SECTION 5. The working conditions and wage scales published in the Price List and Directory are an extension of these Bylaws with the full force and effect as if set forth herein.
SECTION 6(a). Leaders or contractors of regular or steady engagements of indefinite duration must update their contracts to reflect the prevailing minimum scale not later than January 1 following the effective date of the scale increase.
SECTION 6(b). Any contract properly completed and filed with the Secretary-Treasurer prior to August 1 shall not be required to reflect future changes in the engagement scale that may take effect as of that date. The time between the signing and execution of a contract coming within these provisions is limited to one year.
SECTION 2. No member shall act in any way detrimental to the interests, standards or objects of the Union.
SECTION 3. No member shall act in bad faith or deal unfairly with the Union or any of its members.
SECTION 4. No member shall provide services as a leader, contractor or single on any engagement not covered by a collective bargaining agreement between the Union or the American Federation of Musicians and an employer without filing a fully completed AFM-approved contract form with the Secretary-Treasurer prior to commencing the engagement. This Section shall not apply to jobs under the Club category as defined in the Price List.
SECTION 5. No member shall knowingly perform any engagement not covered by a collective bargaining agreement between the Union or the American Federation of Musicians and an employer or by an AFM-approved contract form. This Section shall not apply to jobs under the Club category as defined in the Price List.
SECTION 6. No member shall, unless a request is submitted and approved by the Executive Board prior to the engagement, perform or agree to perform a musical service for less than the minimum compensation established for such service by the Union or the American Federation of Musicians. This Section shall not apply to jobs under the Club category as defined in the Price List.
SECTION 7(a). No member shall render services for organizations, establishments or individuals on the International Unfair List or the International Defaulters List of the American Federation of Musicians.
SECTION 7(b). No member shall render services for organizations, establishments or individuals on the Union’s Defaulters List.
SECTION 8. No member shall perform any engagement gratis without the permission of the Executive Board, or in the case of an emergency with prior permission of the President and Secretary-Treasurer. This Section shall not apply to jobs under the Club category as defined in the Price List.
SECTION 9. Any applicant for membership or reinstatement shall have the right to perform with members in anticipation of his or her being admitted to membership with the approval of the Secretary-Treasurer, acceptance by the Executive Board and completion of membership requirements.
SECTION 10. Any member delivering a check to the Union that is unpaid or protested shall be subject to a service charge.
SECTION 11. Any member who delivers a check to another member that is unpaid or protested, and thereafter fails to make the check good within five days after notification from the Secretary-Treasurer, may, after due process, be subject to payment of a fine to be determined by the Executive Board together with all charges incurred, which moneys shall become the property of the offended member.
SECTION 12. All notices, resolutions, working conditions and prices published and mailed and/or emailed to each member at his or her address of record shall constitute legal notice thereof.
SECTION 13. No member shall fail to personally fulfill any commitment, written or verbal, to another member regarding an engagement without the mutual consent of both parties, subject to additional provisions contained in the Price List and Working Conditions.
SECTION 14. No member shall fail to comply with an instruction of the Executive Board.
SECTION 15. No member shall (1) vilify the character or capability of another member; (2) present one’s self at an engagement in an intoxicated or otherwise mind-altered state; or (3) use disrespectful or vulgar language or act in a disrespectful or disorderly manner at any meeting of the Union or the Executive Board.
SECTION 2. A claim must be filed in writing with the Secretary-Treasurer within two years of the occurrence from which the claim arose.
SECTION 3. The Executive Board shall at its earliest opportunity, after written notice to the parties, allowing at least thirty days for them to prepare their cases, sit as a Board of Arbitration and conduct a full and fair hearing and render its decision.
SECTION 4. All communications concerning claims shall be sent by the Secretary-Treasurer to the parties by certified mail, return receipt requested.
SECTION 5. Any member failing to comply with the decision of the Board on a claim will be subject to expulsion by the Board.
SECTION 6. The decision of the Board in claims shall be final and binding upon the parties unless appealed to the International Executive Board as provided in the Bylaws of the American Federation of Musicians and/or the Rules of Practice and Procedure of the International Board of the AFM.
SECTION 2. No member shall be put on trial for any alleged offense unless charges have been preferred in writing to the Secretary-Treasurer.
SECTION 3. Charges must be preferred within two years of the date of the occurrence from which such charges arose.
SECTION 4. Notice of charges shall be given in writing to the charged member by the Secretary-Treasurer. The notice shall contain the following:
- The nature of the offense;
- The provision(s) of the Bylaws, rules or regulations at issue;
- The date, time and place of the alleged occurrence;
- Sufficient facts to provide the charged member information to prepare his or her defense; and
- The date, time and place of the hearing.
SECTION 5. A member shall be given at least fifteen days from the mailing of the notice of charges to prepare his or her defense for the hearing on such charges.
SECTION 6. A member shall be accorded a full and fair hearing before the Executive Board before any disciplinary action is taken.
SECTION 7. All communications concerning charges and disciplinary action therefrom shall be sent by the Secretary-Treasurer to the charged party by certified mail, return receipt requested.
SECTION 8. Any member found guilty of charges shall be advised, in writing, by the Secretary-Treasurer of his or her right to appeal the decision of the Executive Board to the International Executive Board.
SECTION 1(b).Nominations and elections shall be held annually for Executive Committee Members at Large. Three positions shall be elected on odd years, and two positions shall be elected on even years. For the purpose of implementation, the terms of two positions shall commence in 1997, and the terms of the other three positions shall commence in 1996.
SECTION 1(c). Nominations and elections shall be held for delegate at large to the American Federation of Musicians Convention for years when such convention is to be held.
SECTION 2(a). Nominations shall be made at the September General Meeting.
SECTION 2(b). At least fifteen days prior to the meeting at which nominations are to be held, the Secretary-Treasurer shall mail and/or email written notice of such to all members in the Fanfare. The notice shall contain the date, time and place of the meeting and the positions to be filled, and shall advise of the proper form for submitting nominations.
SECTION 2(c). The nominations shall proceed as called regardless of any quorum requirement.
SECTION 2(d). Any member in good standing who has completed all requirements for attaining full membership in the Union shall be eligible to be nominated.
SECTION 2(e). Any member in good standing present at the nominations meeting shall be entitled to nominate any eligible candidate of his or her choice. The nominee must be present at the meeting, or his or her nominator must present a written statement of acceptance of nomination signed by the nominee.
SECTION 2(f). Immediately after receipt of all nominations, the President shall appoint an Election Committee of three to six members, none of whom may be candidates. The Committee shall handle all details of the election, and shall be compensated for their services at the casual scale rate in effect at the time (not to exceed 3 hours).
SECTION 2(g). Immediately after the appointment of the Election Committee, the Committee shall choose its chairperson. The chairperson shall be responsible for directing the Committee in supervising and certifying the ballot preparation and mailing, conducting the voting, validating all ballots received, tallying same, and certifying the results.
SECTION 2(h). At the close of nominations the Election Committee, in the presence of any interested nominees or their designees, shall determine the order in which candidates’ names will appear on the ballot by utilizing a random drawing method.
SECTION 3(a). No sooner than forty-nine days after the nominations meeting nor later than the day before the Thanksgiving holiday, the Election Committee shall obtain from the Secretary-Treasurer a mailing list of each member in good standing of the Union, and shall then mail each member an official ballot with instructions and two envelopes. One envelope shall be marked only with the word “BALLOT;” the other envelope, which shall be larger, shall be pre-addressed to the Election Committee at a Post Office box to be secured by the Secretary-Treasurer or his/her designate and shall have on its face printed lines identified for the member to print and sign his or her name, and to give his or her address.
SECTION 3(b). When the number of candidates for a position do not exceed the number to be elected, those candidates shall be declared elected by acclamation, and the ballot shall so state.
SECTION 3(c). The writing in of names of persons not nominated and listed on the ballot is prohibited. Failure to observe these prohibitions shall result in the voiding of that section of any ballot so spoiled.
SECTION 3(d). At a date and time to be determined by the Executive Board, which shall be no sooner than twenty days nor later than thirty days from the date on which the ballots were mailed, the Election Committee shall (1) pick up all ballots returned to the Post Office box; (2) verify the validity of each ballot by comparing the names on the return addresses with the list of members from which the ballot mailing was made; (3) open the outer envelopes and remove the ballot envelopes, separating and setting aside the outer envelopes; and (4) open the ballot envelopes and tally the votes. At the conclusion of the tallying, each member of the Election Committee shall sign the vote tally sheet(s), which the chairperson shall give to the Secretary-Treasurer. The Secretary-Treasurer shall then publish the results in the next issue of Fanfare.
SECTION 3(e). All ballots and envelopes shall be retained as part of the Union’s records for one year following the election. Invalid, spoiled and unused ballots shall also be retained for one year.
SECTION 3(f). The election shall be conducted using the STAR Voting method, as follows:
1. Voters are allowed to score each candidate from 0-5 stars. Voters can give multiple candidates the same score. Candidate scores left blank receive a zero.
2. Combined scores for each candidate are tallied. The top two candidates advance to a runoff.
3. All ballots are then counted; a ballot that indicates a preference between the two finalists—i.e. the ballot scores one finalist higher than the other—counts as a vote for that finalist; a ballot that does not indicate a preference is counted as no vote.
4. The finalist that receives a majority of votes in the runoff wins the election. If both finalists receive an equal number of votes, the winning finalist will be the one with the higher score from Step 2.
5. Steps 3 and 4 are repeated with the two highest scoring candidates remaining, to identify a 2nd-place candidate, 3rd-place candidate, and so on, until all of the candidates are ordered. This order shall be used to identify a) winners in multi-winner elections, and b) the candidate(s) to fill any future vacancies as described in Section 5.
SECTION 3(g). At the first meeting of the Executive Board in January, the outgoing officers shall render their final accounts and reports and turn over all property to their duly elected successors, and the newly elected officers shall thereupon assume the duties of their offices.
SECTION 3(h). Oath of obligation for officers: “I, (name), do hereby solemnly pledge on my most sacred word of honor that I will faithfully discharge the duties of my office as (officer) of this Local during the term for which I have been elected, or until my successor is duly elected and installed; that I will support the Constitution and Bylaws and rules and regulations of the Local, as may be applicable, and the Bylaws of the American Federation of Musicians of the United States and Canada, and will enforce the laws thereof to the best of my ability, without prejudice or partiality.”
(Administering Officer): I now declare you duly elected and installed.
RIGHTS OF CANDIDATES
- Each candidate may submit a campaign statement in support of his or her candidacy of no more than 200 words to the Secretary-Treasurer for inclusion in the election issue of Fanfare. Statements shall be printed in identical type size and shall appear in the same order in which the candidates’ names will appear on the ballot.
- Each candidate may purchase a mailing list in printed form or on magnetic media of all members eligible to vote at a cost to be determined by the Executive Board.
- Each candidate may request that Local 99 distribute his or her election campaign material to the membership, subject to the following:
(i) The candidate shall reimburse Local 99 for the cost of same. Costs include the price of labels or magnetic media described in (2), above, actual postage and mailing preparation.
(ii) Distribution may be via first class postage or, subject to USPS regulations, via Local 99’s bulk mail nonprofit permit.
(iii) A candidate may personally prepare the mailing or may utilize a professional mailing service, which service shall be engaged by Local 99 for that purpose at the candidate’s expense.
(iv) A candidate may also request that Local 99 send out their statement by email through the then current email list.
SECTION 4(b). Any candidate, or his or her designee(s), shall have the right to be present at and observe the opening and tallying of the ballots so long as observers do not interfere with that process. A designee must be a member of the Union, and must present the Election Committee chairperson with a written statement from the candidate authorizing him or her to observe.
SECTION 4(c). The Secretary-Treasurer shall advise all candidates of these rights within seven days following the nominations.
SECTION 5(a). When a vacancy occurs in any officer or delegate position, the vacancy shall be filled for the balance of the term by the member who in the most recent election was next on the ordered list created per Section 3(f)5. If the office was uncontested, the Board shall have the authority to fill any vacant office on an interim basis pending the outcome of a special election.
SECTION 5(b). The Secretary-Treasurer shall mail and/or email written notice to the membership no less than fifteen days prior to the nomination and election meeting. Such notice shall contain the time, date and place of the nominations and election, and the position to be filled.
SECTION 5(c). The nominations shall proceed in the same manner as the annual nominations, regardless of any quorum requirements.
SECTION 5(d). Eligibility to nominate and be nominated shall be the same as for the annual nominations.
SECTION 5(e). Immediately following nominations, the President shall appoint a special Election Committee of three members, none of whom may be candidates, who shall serve without compensation. The Committee members shall choose their own chairperson, who shall be responsible for directing the Committee in supervising the ballot preparation, verifying the eligibility of each voter, conducting and assuring the secrecy of the voting, tallying the ballots, and certifying the results.
SECTION 5(f). Candidates shall be listed on the ballot in last name alphabetical sequence.
SECTION 5(g). Secret ballot voting shall take place as soon as the ballots are prepared following the nominations. The writing in of names of persons not nominated is prohibited.
SECTION 5(h). When the numbers of candidates for a position do not exceed the number to be elected, those candidates shall be declared elected by acclamation.
SECTION 5(i). Tallying of ballots shall take place immediately following the voting. Candidates or their designees shall have the right to observe the tallying. A plurality of votes cast shall elect a candidate to office. At the conclusion of the tallying, each member of the Election Committee shall sign the vote tally sheet(s), which the chairperson shall give to the Secretary-Treasurer. The Secretary-Treasurer shall then announce the results at the meeting, and the newly elected officer(s) shall be immediately sworn in.
SECTION 5(j). In the event no candidates are nominated, the Executive Board shall have the authority to fill the vacant office for the balance of the term.
SECTION 5(k). When a vacancy occurs in any American Federation of Musicians Convention delegate position and no duly elected alternate delegate is available to attend, the vacancy shall not be filled.
REMOVAL OF OFFICERS
SECTION 6(a). An officer of the Union may be charged by a two-thirds majority of the Executive Board, or by a petition signed by ten percent of the full members in good standing of the Union. If by petitions, the petition shall be presented to the Secretary-Treasurer unless the Secretary-Treasurer is the charged party, in which case the petition shall be presented to the President.
SECTION 6(b). Charges versus an officer must allege serious misconduct in office or repeated failure to perform substantive duties of his or her office as prescribed in these Bylaws. The charges must be specific as to the act(s) of serious misconduct and/or duties the officer is alleged to have failed to perform.
SECTION 6(c). The charged officer shall be forwarded the specific charges in writing by the Secretary-Treasurer or President, as the case may be, within ten days of the filing of the petition or the Executive Board’s action.
SECTION 6(d). The President, or the Vice President if the President is the charged party, shall call a special membership meeting to elect a five-member trial board, which shall select its chairperson, to conduct a hearing upon the charges. None of the trial board members shall be officers of the Local, but all must be members in good standing. Notice of this special membership meeting shall be mailed and/or emailed to all members in good standing at least fifteen days prior to the meeting and shall contain the date, time and place of the meeting, plus the purpose of the meeting as stated above and the specific allegation(s) against the officer.
SECTION 6(e). The trial board shall call and conduct a full and fair hearing of the charges at the earliest feasible date no sooner than fifteen days after its election. Immediately following the hearing the trial board shall render its decision as to the guilt or innocence of the accused and advise the Secretary-Treasurer or President, as the case may be, of such decision.
SECTION 6(f). If the trial board has found the accused officer guilty, the President, or the Vice President if the President is the charged party, shall promptly call a special membership meeting to review the decision of the trial board and vote by secret ballot to sustain or deny such decision. Notice of this special membership meeting shall be mailed and/or emailed to all members in good standing at least fifteen days prior to the meeting and shall contain the date, time and place of the meeting, plus the purpose of the meeting as stated above.
SECTION 6(g). If two-thirds of the members voting at the meeting vote to sustain the guilty finding of the trial board, the officer shall stand removed from office and the vacancy shall be filled as provided elsewhere in these Bylaws.
SECTION 2. The proposal shall be published in its entirety in Fanfare, together with notice of the time, place and date of the meeting at which the proposal will be acted upon. The proposal shall also be posted in the Union headquarters.
SECTION 3. All proposals shall be referred to the Law and Legislative Committee and, if applicable, to the Finance Committee upon receipt.
SECTION 4. Consistent with Robert’s Rules of Order, a two-thirds vote of those members present and voting shall be required to adopt a proposal to amend or repeal any provision or part of the Bylaws.
SECTION 2. These Bylaws shall not be enforced in any manner in conflict with public law.
SECTION 3. 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 4. The parliamentary authority for this Union shall be Robert’s Rules of Order.
SECTION 2. This Union shall not dissolve without the written consent of nine-tenths of the membership in good standing. Any proposal to dissolve may not be initiated without the approval of a properly constituted General or Special Meeting, and shall be ultimately decided by referendum ballot, setting forth any proposed plan of dissolution, including the appropriation or division of the assets of the Union.
SECTION 1(b). The Union shall reimburse the transportation, hotel and food expenses of the Oregon Symphony’s ICSOM delegate for attendance at the annual conference of ICSOM.
SECTION 1(c). The Union shall fund the treasury for the organization known as the Oregon Symphony Players by forwarding to the Oregon Symphony Orchestra Committee the sum of $300.00 annually, due and payable by August 13. Expenditures in excess of this amount will be requisitioned by submission of a voucher from the treasurer of the Oregon Symphony Players to the Secretary-Treasurer of the Union.
SECTION 2. Delegates to the Convention of the American Federation of Musicians shall be reimbursed for travel, hotel and food expenses as authorized by the Executive Board.