4.1 Officers and Duties

The officers of this Union shall be a President, Vice President, Treasurer, Recording Secretary, and three Executive Committee members at large. The officers shall constitute the Executive Committee and shall also serve as the Grievance Committee. The officers shall be required to report to the Governing Board and Executive Committee in a timely manner.

President

It shall be the duty of the President to preside at all General Membership and Governing Board meetings and transact such other duties as may be required by the Union. He or she shall have full power and authority to sign all contracts and agreements or any other documents for or on behalf of the Union, subject to this constitution and bylaws. He or she shall enforce the Constitution of the Union and act as chief negotiator in collective bargaining. The President shall report to the Executive Committee and the Governing Board on all Union business in a timely manner. The President shall prepare an agenda for Executive Committee and Governing Board meetings and distribute this agenda to members of each body 24 hours before the meeting.

Vice President

The Vice President shall act as President in the absence of that officer, and in the case of resignation or death of the President, the Vice President shall perform all duties of President for the duration of the President’s term of office. He or she shall also preside when called upon by the President, and at times when the President may be temporarily unable to discharge his or her duties.

Treasurer

It shall be the duty of the Treasurer to collect and receive all sums due and paid to the Union and submit to the Governing Board an inventory of all Union property and its purchase price no later than 30 days after the start of each fiscal year. The Treasurer shall keep a complete and up-to-date record of all members of the Union. The Treasurer shall prepare a proposed annual budget and cash flow projection at least 60 days before the start of each fiscal year. The Treasurer shall deposit all funds in the name of the Union in banks approved by the Governing Board. The Treasurer shall make all payments authorized by the Executive Committee or Governing Board by check, which shall also be signed by the President. The Vice President may sign checks in place of the Treasurer or the President in the absence of one or the other. The Treasurer shall keep complete and accurate records and receipts for all expenditures and shall make a monthly report of the same to the Governing Board, along with a current cash balance. The Treasurer shall cooperate in all annual or special audits. At the expiration of his or her term of office the Treasurer shall turn over to his or her successor all money and property and records of the Union that may be in his or her possession.

Recording Secretary

It shall be the duty of the Recording Secretary to keep an accurate and impartial account of the proceedings of the Governing Board and Executive Committee and the General Membership. He or she shall also distribute minutes of Governing Board and Executive Committee meetings to members of the respective boards and review all correspondence, coordinate posting of the minutes of all Governing Board meetings on Union bulletin boards after they have been approved by the Board, and make available to all Union members the minutes of all Executive Committee meetings after they have been approved by the Committee. Motions approved by the Governing Board or the Executive Committee shall be forwarded to the President in a timely manner.

Executive Committee Members At Large

There shall be three Executive Committee Members elected at large from the membership. Each Executive Committee member shall have equal standing with all other members of the Executive Committee.

4.2 The Governing Board

The Governing Board shall be composed of the President, Vice President, Treasurer, Recording Secretary, three Executive Committee Members at large as well as a larger number of delegates elected by constituencies determined before each election by the Governing Board.

4.2.1 Constituencies

The number of delegates and the constituencies to be represented by delegates shall be reviewed by the Governing Board at least four months prior to each regular election.

In setting the number of delegates and determining the constituencies to be represented, all reasonable efforts shall be made by the Governing Board to see that delegates represent an equal number of members.

4.2.2 Meetings

The Governing Board shall meet at least once a month at such times and places as it may decide. An agenda shall be prepared and sent to Governing Board members at least 24 hours prior to each scheduled meeting.

Emergency meetings of the Governing Board may be called by the President or a majority of the Executive Committee, and shall be called by the President at the request of one-fourth of the members of the Governing Board.

All proceedings of an emergency meeting must be reviewed at the next regularly scheduled meeting of the Governing Board.

A notice of all meetings of the Governing Board shall be given to all members of the Governing Board by the President at least 48 hours beforehand and posted on all Union bulletin boards, except as to emergency meetings, for which only such notice as is feasible is required.

A quorum of the Governing Board shall be a majority of its members. Meetings shall be conducted in accordance with the rules of debate hereinafter provided.

Any member of the Union may attend meetings of the Governing Board. Members may speak with the consent of a majority of the Governing Board. At any time, the Governing Board may decide by majority vote to close its meeting to all but those who are specifically invited to attend by the Governing Board.

4.2.3 Duties of Delegates

It shall be the duty of the delegates:

A. To attend all meetings of the Governing Board.

B. To enroll new employees within his or her department as members of the Union.

C. To represent, when practical, a constituent in a pregrievance meeting or in the first stage of a grievance and report the result to the Grievance Committee.

D. To present to the Governing Board any suggestion, request, question, grievance or complaint relative to rates of pay, wages, hours or other conditions of employment that may be made by a member of the constituency the delegate represents.

4.2.4 Powers

The Governing Board shall have the power to conduct the business and carry out the purposes of the Union.

The Governing Board shall have the power to incur and cause to be paid all reasonable compensation for services of persons whether or not they are members of the Union.

The Governing Board shall not have the power to merge or affiliate the Union with any other organization without the approval of the membership in a secret ballot.

The Union books shall be audited at least annually and a summary of such audit shall be posted on the bulletin boards or made available in a mailing to members. A full copy of the audit report will be available for members at the Union office.

The principal and main office of the Union, as well as such other offices as in the opinion of the Governing Board may be desirable, shall be maintained at such location or locations as are approved by the Governing Board.

The Governing Board shall see to it that a newsletter is published at least three times a year.

4.2.5 Committees

The President of the Union can serve on any appointed committees by virtue of office.

The Executive Committee or the Governing Board may refer any proposal to a committee for investigation and study. Either body may nominate candidates for committees.

The Governing Board shall determine the size of the committees and shall confirm all committee members as well as impose restrictions for completion of their tasks.

Any member of the Union or the Governing Board shall be free to volunteer to serve on any committee not otherwise provided herein. There shall be at least one Executive Committee Member, other than the President, and one Governing Board delegate on all committees that are created.

Each committee shall elect its own chairperson. At the completion of the committee’s investigation and/or study, the committee shall submit to the Governing Board a written report, signed by all members of the committee, both assenting and dissenting. It will also submit all of its records to the Vice President for Union files.

The Governing Board shall create Standing Committees as it deems appropriate.

4.2.6 Collective Bargaining

The Negotiating Committee shall consist of the Executive Committee and such other members as may be nominated by a majority of the Executive Committee. Such nominations shall be approved by a majority vote of the Governing Board prior to the start of negotiations. The President shall act as chief negotiator and spokesperson in bargaining with management.

The Negotiating Committee shall compile information on wages and conditions of employment and such other information as may be requested by the Governing Board. The Negotiating Committee shall see that an accurate record of all bargaining sessions is kept.

Upon the Negotiating Committee’s request, the Governing Board will inform the membership of the proposed contract and set a date for a secret ballot of the general membership (Article III, Section 2 NOTICE OF ELECTIONS). Prior to the special election on whether to ratify the contract, a general meeting of the membership will be called to discuss the proposed contract, and a copy of the proposed contract shall be mailed to all members. Ratification will be by a majority of the members voting.

All members of the Union shall be mailed a printed copy of the ratified contract.

4.2.7 The Election Commissioner

As soon as practicable after taking office, the Executive Committee shall nominate, and the Governing Board shall approve, an Election Commissioner for a term of two years or until a successor is chosen.

The nominees for election Commissioner shall be BNG members in good standing or retired BNG members who were in good standing with the Union at the time of their retirement. He or she may hold no other elected or appointed Union office nor may he or she be named as chairperson of any Union committee. The Election Commissioner may not run for any Union office.

Any member of the Executive Committee may submit the name of a candidate.

The Election Commissioner shall oversee the holding of elections (Article III ELECTIONS) and see that absentee ballots are kept sealed until counted with ballots cast on election day. He or she shall retain from among retired members, who were members in good standing at their retirement, a sufficient number of assistants to oversee the casting of ballots and the prompt tabulation of election results. The Election Commissioner shall give written certification of the results of each election within 24 hours of the close of voting. Results shall also be posted on union bulletin boards.

The Election Commissioner shall preserve for one year the ballots and all records pertaining to the election. The Election Commissioner shall furnish all aforementioned records.

4.2.8 Affiliations, Mergers

Merger or formal affiliation with another labor union must be decided by the membership. A majority of those voting in a secret ballot election is required for approval.

4.3 Executive Committee

The Executive Committee will be composed of the President, Vice President, Treasurer, Recording Secretary, and three At-Large members.

Each member will have one vote in committee. A quorum will consist of four members. The committee shall meet at least twice a month at a time approved by a majority of its members. Any member of the Executive Committee may call a special meeting of the Executive Committee. All members will be notified prior to the meeting of the time and place of such meetings. Minutes of all meetings will be taken and be available on request to the Governing Board members after they have been approved in committee.

The Executive Committee shall faithfully execute the orders of the Governing Board. The Executive Committee shall act for the Governing Board between meetings of the Board.

The Executive Committee may approve bills for payment or refer disputed bills to the Governing Board. The Executive Committee may also review and recommend compensation for others hired or employed by the Union, subject to Governing Board approval.

In any negotiation or bargaining with management, at least two Executive Committee members shall be present.

No request for arbitration, mediation or actions before the National Labor Relations Board shall be filed without approval of the Executive Committee.

4.3.1 Grievance Committee

The Executive Committee shall constitute the Grievance Committee. The Grievance Committee shall choose its own chairperson, who must receive the votes of four members of the committee. Neither the President nor the Treasurer may serve as the Grievance Chairperson.

If the Grievance Committee fails to agree on a choice for Grievance Chairperson (i.e. no nominee receives four votes) the choice of a Grievance Chairperson shall pass to the Governing Board. The Board may choose a Grievance Chairperson itself or reduce the field to two nominees and return the matter to the Grievance Committee.

The Grievance Chairperson may be removed at any time by the vote of four members of the Grievance Committee. The Governing Board may also remove the Grievance Chairperson by majority vote of its entire membership.

The Grievance Chairperson shall investigate and file regular and expedited grievances and inform the Grievance Committee in a timely manner. The President may file expedited grievances. The Grievance Chairperson shall keep complete records of all grievance proceedings and hearings. In the absence of the Grievance Chairperson, the Grievance Committee shall designate an acting chairperson.

The Grievance Committee shall vote on the disposition of all grievances, including whether to file for arbitration, and the involved member(s) shall be advised of such disposition. The decisions of the Grievance Committee may be appealed under provisions of Sections 8.4 (Trial Board) and 8.5 (Appeals) of Article VIII.

When necessary, the Grievance Committee shall train Governing Board delegates in the grievance process.

4.4 Budget Committee

The Budget Committee shall consist of the President, Vice President, Treasurer and four other members, two to be nominated by the President, two by the Treasurer, and all approved by the Governing Board. The Treasurer shall serve as chairperson.

The Budget Committee shall assist the Treasurer in preparing budgets and reporting regularly on the income and expenses of the Union. Under the Treasurer, the Budget Committee shall prepare an annual operating budget and a capital budget at least 60 days prior to each fiscal year. The operating budget shall consist of clearly itemized sums sufficient to cover all foreseeable costs of Union business and previously authorized programs for the fiscal year. The operating and capital budgets shall be accompanied by a statement of income and expenses for the previous two years. At least 30 days prior to each fiscal year, the Budget Committee shall report on projections of income for the new fiscal year.

The annual budgets shall be reviewed and amended if necessary by the Executive Committee and the Governing Board.

Proposals for new programs and new capital expenditures shall be submitted to the Budget Committee, which shall prepare an estimate of costs for consideration by the Governing Board.

At each regular monthly meeting of the Governing Board, the Treasurer shall present a current statement of income and expenses. In cases where sums authorized under the annual budget are not sufficient for duly authorized Union business and programs, the Budget Committee shall report on reasons why more money should be appropriated and present a detailed request in a supplementary budget, which shall be reviewed, amended if necessary, and approved by the Governing Board.

The Budget Committee shall also prepare, for the approval of the Executive Committee and the Governing Board, proposed changes, if any, in dues; recommendations of financial institutions for the deposit of Union funds and investments of long-term Union funds, reviewing the same annually, at least 30 days prior to the start of the fiscal year. The Budget Committee shall also recommend to the Governing Board a professionally certified auditing firm to conduct annual and special audits.

The Budget Committee shall annually or whenever requested by the Executive Committee or Governing Board review the regular payments made to Union officers, employees or consultants. Changes in the rate of payment must be approved by the Governing Board.

All officers and employees handling any monies of the Union shall be bonded in the amounts and in the form required by applicable statutes, the premiums to be paid by the Union. The Governing Board may direct an increase in the amount of the bond.

4.4.1 Reimbursed Union Time

The Union shall pay, at the regular rate of pay, the cost of time off provided for its officers and representatives under the contract covering the Union bargaining unit(s). The President shall submit in writing for the approval of the Executive Committee all requests for such payments, prior to the use of time off.

4.5 Posting Vacancies

All vacancies in Union positions shall be posted on every BNG bulletin board.

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