AGREED UPON JOINT RECOMMENDATIONS
(BULLET POINTS) OF THE CONSTITUTION/UNITY COMMITTEES
FOR PRESENTATION TO OVERSIGHT COMMITTEE
At the conclusion of extended discussions, the Joint Constitution/Unity Committees agree to make the following recommendations concerning those provisions which appear in the BLE Constitution for which the UTU Constitution has no comparable provision: namely, Initiative, Recall and Referendum.
An Initiative to amend the Constitution of the newly established organization or any of its other governance documents (rules, policy statements, e.g.) can be triggered by a petition signed by 25% of the active membership or by local divisions representing at least 50% of the active membership or Initiatives circulated by the body of the newly established organization that will replace the BLE's Advisory Board and the UTU's Board of Directors.
(a) Upon the international's receipt of such a petition a ballot shall be mailed to each active member setting forth the question as it appears in the petition.
(b) Commencing with the effective date of the Unification Agreement and continuing through the completion of the Second Convention of the newly established organization, an Initiative shall be approved if, but only if, upon counting the valid ballots cast both a majority of the active members in engine service and a majority of the active members in all the remaining crafts voted in favor of the Initiative. After the completion of the Second Convention, a 2/3 vote of the entire active membership shall be required to approve any Initiative to amend the Constitution. [As to Initiatives circulated by the body of the newly established organization described in (1) above, the parties are in disagreement concerning whether the active members (BLE's position) or the delegates (UTU's position) should have the approval authority. This dispute is being referred to the Oversight Committee (see the accompanying document at par. 2)].
(c) Because of the inclusion of this Initiative provision, the Constitution of the newly established organization shall not include any provision for a Special Convention between regularly scheduled Conventions.
(a) Whenever 25% of the active membership or local divisions representing at least 30% of the active membership sign a petition to recall any of the officers of the newly established organization in the position of Vice President and above, that petition will trigger a recall, subject to the following conditions that shall be inserted as a safeguard against any abuses of this Recall provision:
(I) The petitions from the active members or local divisions must be accompanied by a written statement setting forth the reason(s) upon which the request for a recall is based; and
(ii) If the source of the petition is from local divisions, no petition will be accepted unless it is accompanied by a writing signed by a local division officer attesting to the fact that the members of that local division received written notice at least fifteen (15) days in advance of the meeting at which signatures on the petition were solicited and that the notices stated that the recall issue was on the agenda for that meeting; and
(iii) The body of the newly established organization which. will replace the former BLE body(ies] and the former UTU Executive Board shall determine whether, based upon the statement of reasons and any informal investigation they choose to conduct, there are valid grounds for conducting a vote on the issue of recalling the particular officer in question.
(iv) The counting of ballots on Recall shall be conducted in the same manner as set forth for Initiatives in bullet point l(b) above.
There shall be no Referendum provision in the Constitution of the newly established organization.
In addition, the Joint Constitution/Unity Committees agree to recommend the inclusion of the following other provisions in the Constitution of the newly established organization.
A standard form provision modeled alter the applicable provision of the Labor-Management Reporting and Disclosure Act and the BLE Constitution (pp. 127-131).
Ratification of any Unification Agreement, Constitution and any other documents relating to the governance of the newly established organization shall require a referendum vote conducted among the active members of the BLE and UTU in which a majority of the valid ballots cast by the Members of each of those former organizations are in favor. Further, the conduct of the vote and the tallying of ballots shall be handled by a third party with experience in these matters to be selected by the Oversight Committee.
(6) Collective Bargaining
(a) Proffer of Arbitration
The Joint Committee is in agreement that the decision whether to accept a proffer of arbitration in the context of national handling of collective bargaining issues should rest in the International President's unreviewable discretion.
(b) National handling - Internal Union Procedures Regarding Collective Bargaining.
The Joint Committees that it is essential for the newly established organization to create an internal procedure whereby the interests or each of the individual "crafts" (to be defined) will be protected but at the same time in such a manner as to maximize the leverage which the combined crafts can bring to bear against the carriers. This all-important goal is an integral part of the underlying reasons for establishing a new organization.
To this end, the internal procedures must be designed to insure that:
The remaining matters concerning national handling (including the procedure that will apply where there are issues not common to all the crafts) shall be addressed in drafting the Constitution of the newly established organization.
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