CONSTITUTION and BYLAWS

of the
PENNSYLVANIA FEDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION
of the
International Brotherhood of Teamsters


August 2007


INDEX

ARTICLE I Organization - Composition

ARTICLE II Conventions

ARTICLE III Elections and Filling Vacancies

ARTICLE IV Duties, Authority and Responsibility of Officers

ARTICLE V Salaries, Benefits and Financial Obligations of Officers

ARTICLE VI Charges and Trials

ARTICLE VII Fiscal Year

ARTICLE VIII Membership

ARTICLE IX Revenue, Fees, Dues and Assessments

ARTICLE X Representation - Local Lodges, Grievance Procedure and Negotiations

ARTICLE XI Headquarters

ARTICLE XII Discrimination

ARTICLE XIII Ammendments


ARTICLE I
ORGANIZATION - COMPOSITION

Section 1. Composition Of. This Organization shall be known as the Pennsylvania Federation of the Brotherhood of Maintenance of Way Employes, hereinafter referred to as the Federation. It shall have jurisdiction, subject to the National Division Bylaws, over all employees coming within the jurisdiction of the Brotherhood of Maintenance of Way Employes on the:


Akron and Barberton Belt Railroad Co., The
Amtrak - (Former Penn Central)
Chicago Union Station Company
Washington Terminal Company, The
Canton Railroad Company
Norfolk Southern Railway Company (Former Consolidated Rail
Corporation - Baltimore & Eastern Railroad
Buffalo Creek Railroad
Ironton Railroad Company, The
Lehigh Valley Railroad Company
Penn Central (PRR)
Pennsylvania-Reading Seashore Lines
Monongahela Railway Company)
CSX Transportation, Inc. (Former Consolidated Rail Corporation -
Baltimore & Eastern Railroad
Buffalo Creek Railroad
Ironton Railroad Company, The
Lehigh Valley Railroad Company
Penn Central (PRR)
Pennsylvania-Reading Seashore Lines
Monongahela Railway Company)
Consolidated Rail Corporation (Former -
Baltimore & Eastern Railroad
Buffalo Creek Railroad
Ironton Railroad Company, The
Lehigh Valley Railroad Company
Penn Central (PRR)
Pennsylvania-Reading Seashore Lines
Monongahela Railway Company)
York Rail (formerly Maryland and Pennsylvania Railroad)
Middle Fork Railroad Company
Western Maryland Railway Company


And such other employers where employees affiliate with the Pennsylvania Federation pursuant to the provisions of Section 2 of this Article.

Section 2. Affiliation. Any employees organized into a labor organization or employees the Federation is seeking to represent wishing to affiliate with this Federation, may do so by invitation of the Federation or by making written application through their duly authorized Officers (or by petition if there is no system organization) to the General Chairman of the Pennsylvania Federation. The General Chairman will make such
agreements or arrangements as may be necessary to effect such affiliation, subject to the approval of the Federation Joint Protective Board and the National Division President. Any employees may be assigned to the Federation by the National Division President, subject to the approval of the Federation Joint Protective Board.

Section 3. Governing Body. The governing body of the Pennsylvania Federation shall consist of the elected Federation Officers; certified as such; and duly elected Local Lodge delegates, as hereinafter provided assembled at the regular Conventions, and said Conventions shall be the true and legitimate source of all authority pertaining to all matters under the jurisdiction of the Federation, its Officers and its members, and, except as provided for in Article XI, Sections 1 and 2, of these Bylaws, there is no power vested in
any Officer, committee, or body of members under its jurisdiction to repeal, alter, or change its laws or its decision; it shall enact legislation which is not contrary to, or in conflict with the provisions of the National Division Bylaws of the Brotherhood of Maintenance of Way Employes Division. During the intervening recesses between the Conventions, the Joint Protective Board shall be the governing body and shall be empowered to enact legislation which is not contrary to, or in conflict with the provisions of the National Division Bylaws of the Brotherhood of Maintenance of Way Employes Division. During the intervening
recesses between the Conventions, the Joint Protective Board shall be the governing body and shall be empowered to enact legislation for the best interests of the members of the Federation, as prescribed in these Bylaws in Article XI, and not in conflict therewith, subject to the approval of the National Division President.

Section 3(b). Joint Protective Board. The Joint Protective Board shall consist of all of the elected Federation Officers. During the intervening recesses between the Conventions, the Joint Protective Board shall be the governing body and shall be empowered to enact legislation which is not contrary to, or in conflict with the provisions of the National Division Bylaws of the Brotherhood of Maintenance of Way Employes
Division. During the intervening recesses between the Conventions, the Joint Protective Board shall be the \ governing body and shall be empowered to enact legislation for the best interests of the members of the Federation, as prescribed in these Bylaws and not in conflict therewith, subject to the approval of the National Division President.

Section 3.(c). Representation. Representation at Conventions, on the Joint Protective Board and Local Lodges shall be in accordance with Article II, Section 1(c) and Article VIII, Section 2.

Section 3.(d). Federation Officers. Federation Officers shall consist of the General Chairman, the Vice Chairman-Secretary-Treasurer, eight (8) Vice Chairmen, and five (5) Executive Board Members. The Appeal Board shall consist of the elected Federation Officers. The Executive Board shall consist of five (5) members, with at least one Executive Board Member to be elected from each Region, not more than one (1) of whom shall be from the same railroad within a region, if two are elected from any one region, no member of the Executive Board shall hold any other elected Federation office.

All Federation officers will be considered qualified electors to cast a vote in the event of a vacancy in the office of National Division Vice President or National Division Executive Board member is filled in accordance with the procedures in Article 1, Section 7(b) of the National Division Bylaws.

Section 3.(e) In August of 2010 the total number of Vice Chairmen to be elected during the 2011 general elections will be adjusted by dividing 275 into the total number of dues paying members for June 2006 and this information will be transmitted by the General Chairman to the Joint Protective Board. Effective with the installation of the winners of the 2011 election the total number of Vice Chairmen will be this number and any provision in the Bylaws to the contrary will be adjusted accordingly.

In November of 2010 the General Chairman shall define the Vice Chairman Districts for the 2011 elections and submit the proposal to the Joint Protective Board for approval. When the election districts for the 2011 elections are approved the General Chairman shall notify all Local Lodge Presidents and Secretary Treasurers. This information will also be transmitted to the membership in the mailing that announces the 2011 general elections.

Should the financial conditions of the Federation require or allow the 275 number to be adjusted up or down, the General Chairman with the approval of Joint Protective Board may adjust the number in August prior to the election.

Section 4. Regions. Regions for Executive Board Members shall be defined as follows:

East Harrisburg, Mountandome, each to Washington, D.C., inclusive

Central West of Harrisburg, Mountandome; Crestline and Newcomerstown, inclusive, including Marietta Branch.

West West of Crestline and Newcomerstown, including Akron Branch Line south of Orrville.

Section 5. Districts. The Districts shall be defined by the General Chairman with approval of the Joint Protective Board. The Districts shall be defined as listed in an attachment at the end of these Bylaws.

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ARTICLE II
CONVENTIONS

Section 1.(a) Date, Place and Call. The Federation shall convene in regular Convention during the month of August, 2003 and each four (4) years thereafter, in the city and on the dates selected by the Joint Protective Board. Such selection shall be announced on or before January 1 of the Convention year. The General Chairman shall issue to the Secretary-Treasurer of each of the Local Lodges a Convention Call no later than January 15 of the Convention Year. The Call shall include the date and place of the Convention and the Credential.

Section 1.(b) Special Conventions. Special Conventions of the Federation may be called by the General Chairman with the written consent of three-fourths (3/4) of the Joint Protective Board, at the time and place they may select.

In case the membership feels a special Convention of the Federation is required, ten (10) Local Lodges may request the General Chairman to call said special Convention. The General Chairman will transmit such request to all Federation Officers; if three-fourths (3/4) of said Federation Officers agree, the General Chairman shall issue the call at once. Should they refuse to call same, he shall at once place a ballot to all Local Lodges who will be entitled to one (1) vote for each paid-up member, requesting that the Lodge decide at a Regular or Special Lodge Meeting whether or not said special Convention of the Federation shall be called, and if a majority of all Local Lodge memberships vote for said special Convention of the Federation, a call shall be issued by the General Chairman at once, giving at least 30 days' notice in writing to the Local Lodge delegate of the time and place of holding such special Convention and the purpose for which it is called. The ballot shall be sent by the Secretary-Treasurer of the Lodge to the General Chairman within five (5) days of the vote of the Lodge. No other business except that specified in the notice can be transacted.

In case the majority do not so request, it shall be dropped until the next regular Convention of the Federation.

Questions at regular or special Conventions of the Federation shall be decided by a majority vote, except as is provided for in Article XIII, Section 2.

Section 1.(c) Representation at Regular or Special Conventions. Representation at all regular or special Conventions of the Federation shall be as follows: The elective Officers of the Federation, who will be entitled to one (1) vote each; and the Local Lodge delegate who shall be entitled to one (1) vote for each paid-up member of the Local Lodge he represents as provided in Section 1 (d)(3) of this Article.

A majority of the qualified delegates shall constitute a quorum and may legally transact all business that may come before the Federation Convention.

In instances where a weighted roll call vote is taken, the total vote of the Local Lodge in which an elected Federation Officer holds membership will be reduced by one (1) vote so that the aggregate vote will represent the actual membership.

Section 1.(d) (1) Local Lodge Delegates. Subject to the terms of the Merger Agreement between BMWE and IBT, all delegates or alternates must have established at least twelve (12) months' seniority rights in the departments coming under the jurisdiction of this Federation, shall be members in good standing of some Local Lodge in good standing with National Division and shall have at least four (4) months' continuous membership at the time of the Delegate Election and as of the date the Federation convenes; provided that the four (4) months' continuous membership qualification will not apply where a new lodge has been established less than four (4) months before the convening of a Federation Convention. A Local Lodge Delegate/Alternate shall only serve for the specific Convention for which he/she is elected.

Section 1.(d) (2) The Vice Chairman-Secretary-Treasurer of the Federation shall furnish, for the use of the Convention, poll lists showing the number of votes to which the delegates are entitled, based upon the number of paid-up members as per National Division records.

Section 1.(d) (3) Representative votes for each delegate shall be as per the most recent National Division records prior to the opening of the Convention, and no votes shall be added and no duplicate credentials shall be accepted after fifteen (15) days before the opening of the Convention.

Section 1.(d) (4) Each Local Lodge shall upon receipt of a call of the Regular Convention and not later than the month of the Regular Convention, elect by secret ballot in special or regular meeting, a Delegate to the Convention, together with an Alternate. Following the election of such Delegate and Alternate, the Secretary of the Local Lodge will notify the General Chairman of the name and membership number of the Member and Alternate elected. Said Member and Alternate must be eligible for election as provided under the terms of the Merger Agreement between BMWE and IBT and Article II, Section 1 (d)(1) of these Bylaws.

The General Chairman shall upon issuing the Call of the Regular Convention, provide each Local Lodge Secretary-Treasurer with a credential in duplicate form; the original of which when executed will be given to the member elect and the duplicate returned to the General Chairman as far in advance of the Regular Convention as is practicable. This credential shall bear the signatures of the President and the Secretary of
the Local Lodge together with the seal of the Local Lodge. When the elected Member is unable to serve, the alternate will act in his stead and will serve as the Local Lodge Delegate.

The Federation Officers shall be issued their credentials by the Vice Chairman-Secretary-Treasurer of the Federation.

Several Local Lodges may elect the same delegate to represent such lodges, if they see fit, in order to save expenses; provided, however, that no delegate representing two or more lodges may represent more than five hundred (500) members unless such members are all members of one Local Lodge. The delegate so elected must have credentials from each of the Local Lodges electing him/her as their delegate.

In the event the position of Local Lodge Delegate or Alternate becomes vacant for any cause, the Local Lodge shall elect a new Delegate or Alternate. The General Chairman shall be promptly advised the names of the new Delegate or Alternate.

Section 1.(d) (5) Each delegate to the Convention must present to the Credential Committee, his/her credentials, in order to establish claim to a seat in the Convention.

Section 1.(e) (1) Salary and Expenses. Salary and reasonable actual expenses of a delegate, representing a Local Lodge or lodges at a Convention, other than those covered by the Convention Fund Account, shall be paid by the Local Lodge or lodges they represent.

Section 1.(e) (2) There shall be maintained a Convention Fund Account, to which shall be allocated a portion of the dues as provided in paragraph (e) (3) of this Section. The Vice Chairman-Secretary-Treasurer shall be the custodian of this fund.

Section 1.(e) (3) The sum of fifty cents ($.50) from each members' monthly dues shall be set aside by the Vice Chairman-Secretary-Treasurer and placed in the Convention Fund Account, and disbursed as provided for in paragraphs (4), (5), (6) and (7) of this Section 1(e).

Section 1.(e) (4) The Vice Chairman-Secretary-Treasurer shall, prior to the Convention call, as provided in Article II, Section 1(a), determine, based on the total number of possible delegates and the amount of money available in the Convention Fund Account as of October of the year preceding the Convention, an Expense Allowance to be used to pay for rooms and/or a per diem expense. This amount to be distributed equally to
each delegate. Only a delegate representing his/her home lodge shall be eligible for an Expense Allowance.

Section 1.(e) (5) The Vice Chairman-Secretary-Treasurer will notify in writing each Local Lodge President and Secretary-Treasurer, prior to January 1 of the Convention year the amount to be allocated each Delegate for the upcoming Convention.

Section 1.(e) (6) The money allocated for each delegate that does not attend the Convention shall be returned to the Convention Fund Account.

Section 1.(e) (7) All general expenses incurred in conducting any Convention, including, but not limited to, printing expenses incidental thereto, shall be paid from the Convention Fund Account.

Section 1.(e) (8) The delegates assembled at Regular or Special Convention will be provided access to the previous day’s proceedings prior to the opening of the next day’s Convention. Within ten days of the closing of the Convention the General Chairman shall arrange to mail to each delegate, who requests, a copy of the proceedings of the Regular or Special Convention.

Section 1.(e) (9) The Vice Chairman-Secretary-Treasurer will at the opening of the Convention, submit to each Delegate a report on the status of the Convention Fund account, providing for the following: (a) the amount of members paying dues each month of each year during his term of office; (b) the total funds in the account as of October 1 in the year preceding the Convention; (c) a listing of lodges by number eligible to send a Delegate; and (d) the amount to be allocated each Lodge should they send a Delegate. The Secretary-Treasurer, commencing with the 1991 Convention and thereafter will include in his report how many Delegates were seated in the previous Convention, the amount of money used from the Convention Fund account for each Delegate, and an accounting of all monies used from the account for printing and other expenses coming under the term "ALL GENERAL EXPENSES STATED IN ARTICLE II, SECTION 1(e) (7)."

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ARTICLE III
ELECTIONS AND FILLING VACANCIES

Section 1. As of the 2004 elections and thereafter, elected Federation Officers shall consist of the General Chairman, the total number of Vice Chairpersons as determined by Article 1 of these Bylaws, one elected from each District, and the five (5) Executive Board Members. No member may hold more than one elected Federation office at one time. At the regular Quadrennial Convention of the Pennsylvania Federation, the
newly elected Joint Protective Board shall select, by secret ballot, one of the newly elected Vice Chairmen to serve as Vice Chairman-Secretary-Treasurer. The Federation shall bring all newly elected Federation Officers to the Quadrennial Convention.

Section 2.(a) Election of Federation Officers. The elective Officers of the Federation shall be elected directly by the rank and file in a mail ballot referendum conducted during the first twenty days of June of every Convention year. On or before June 1 of the Convention year, the Federation shall mail to each member of the Federation in good standing, a ballot listing each position to be voted on and the candidates for each position. The positions are described in Article III, Section 1 and Article IV. Ballots shall be mailed to a reputable Ballot Counting Company chosen in March by the General Chairman with the majority approval of the voting Presidents of each of the lodges of the Federation. Ballots shall be accepted up to and including June 22 and counted on June 22 of the Election Year. If June 22 falls on a Saturday or Sunday, ballots shall be accepted up to and including the following business day after June 22 and counted on the following business day after June 22. The candidate receiving a plurality of votes from the members returning ballots shall be declared the winner of the election.

The Federation shall inform the Presidents of each of the lodges of the Federation both by phone and in writing of the outcome of the elections within fifteen (15) calendar days of being so notified by the Ballot Counting Company. All elected Officers shall be installed at the Convention and assume office September 1 of the election year except as provided in Article VIII, Section 7.

Section 2.(b) Nomination of Federation Officers. Nomination of elective Federation Officers shall be between April 15 and April 30 of the Election Year. Any member who is qualified as prescribed in Article III, Section (3) shall be eligible to be a candidate for elective Federation office.

Section 3. Eligible to be Elected Federation Officers. Subject to the terms of the Merger Agreement between BMWE and IBT, every Officer of the Federation must be a member in good standing of some Local Lodge in good standing with the Federation and shall have established at least twelve (12) months' seniority rights with some employer coming under the jurisdiction of the Federation and must have at least four (4) months' continuous membership in some Local Lodge in good standing with National Division and be in good standing at the time of nomination, election and assuming office.

Section 4. Vacancies. In the event of a vacancy, in any elected Federation office, an election shall be conducted to fill the position vacated. The General Chairman shall, upon notification of the vacancy, contact the appropriate members within 30 days of such notification to nominate candidates for the position vacated. The General Chairman shall request nominations from the members of the area where the vacancy occurs. There shall be a fifteen (15) day period for nominations. Subject to the terms of the Merger Agreement
between BMWE and IBT, any members with at least twelve (12) months' seniority and four (4) months' continuous good standing in a Local Lodge of the Federation shall be eligible to be nominated to fill the vacancy. The Federation shall have the appropriate ballot sent to each eligible member thirty (30) days after the close of nominations. Each member shall have twenty (20) days from the date the ballot is mailed to return an appropriately marked ballot to an Honest Ballot Counting Company chosen by the General Chairman. Whoever receives the largest number of votes shall be declared the winner of the position. The General Chairman at his/her discretion may appoint a temporary replacement until the election is completed. In the event the General Chairman position is vacated, the Joint Protective Board will meet and elect by secret ballot, a temporary replacement. The Vice Chairman-Secretary-Treasurer shall employ the same elections procedure as described above to elect the permanent replacement.

Section 5. Vacancies of Less Than One Year in the Position of General Chairman. If the position of General Chairman shall become vacant for a period of less than one year prior to a regular election, the Joint Protective Board, by a majority vote shall select the interim General Chairman.

Section 6. Vacancies of Less Than One Year in the Vice Chairperson's Position. If a vacancy occurs in any Vice Chairman's position that will be up for election within one year, the General Chairman shall convene a meeting of Presidents in the District where the vacancy occurs who shall recommend, by majority vote, one person to hold the position, whom the General Chairman shall appoint. In the event a vacancy occurs within 3 months of an election, the General Chairman shall appoint a temporary replacement from the affected district with the approval of the Joint Protective Board.

Section 7. Vacancies of Less Than 1 Year in the Office of Executive Board Members. In the event of a vacancy on the Executive Board which occurs less than 1 year prior to a regular election, the General Chairman shall appoint a replacement with approval of the Joint Protective Board.

Section 8. Should any candidate for any Federation office be unopposed for office, ballots need not be sent out to the affected membership and the candidate shall be declared the winner by acclamation.

Section 9. Vacancies in office need not be filled when the General Chairman recommends that they not be filled and this recommendation is approved by a majority vote of the Joint Protective Board.

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ARTICLE IV
DUTIES, AUTHORITY AND RESPONSIBILITY OF OFFICERS

Section 1.(a) General Chairman. The General Chairman shall exercise general supervision over all the affairs of the Federation. It shall be the duty of the General Chairman to preside at all sessions of the Federation, and he/she shall submit at each regular session of the Federation, when assembled, a message setting forth, in a general manner, the affairs of the Federation during his/her term of office, including his/her decision in any matter concerning which an appeal may have been taken to the Federation Appeal Board under the Bylaws, together with suggestions for legislation and changes in the Bylaws for the best interests of the Federation members; also, such other suggestions and recommendations as he may deem advantageous to the Federation and its members. He/she shall devote his/her entire time to the affairs of the Federation, except such time as may be devoted to other duties pertaining to the Brotherhood.

The General Chairman shall discharge on behalf of the Federation such duties as may be imposed upon him by applicable law, including the execution and filing of any reports to Federal or State authorities and he/she shall cause to be maintained by the Federation such records as the law requires to be kept for a period of not less than five (5) years in support of such reports.

Section 1.(b) He/she shall decide all questions pertaining to the interpretation or meaning of any clause or section of these Bylaws, as well as all controversial matters which may be appealed from Local Lodges during the recess of the Federation Convention, and, after a careful examination of same, shall forward his/her decision in writing to the Local Lodge from which the appeal is taken.

Such decision or interpretation shall be final, unless reversed by a majority vote of the members of the Appeal Board or upon reversal by an appellate body of the BMWED or IBT with jurisdiction over the matter under appeal.

Section 1.(c) The salaries and benefits of the employee members of System Adjustment Boards, Federation Organizers, or any other Committee, other than elective Federation Officers appointed or assigned by the General Chairman, shall be determined by the General Chairman but shall not become effective without the approval of the Joint Protective Board.

They shall be paid semi-monthly, or on the completion of their work, from the funds of the Federation. If their salary or daily wage from their employer on their assigned position, is in excess of the salary set, they shall be paid a daily wage equal to the amount of their daily wage or salary paid by their employer on their regular assigned position. Reasonable actual expenses shall be allowed and paid from the funds of the Federation, when approved by the General Chairman.

Section 1.(d) He/she may delegate authority to act for him/her to any Federation Officer whom he may designate.

Section 1.(e) He/she shall appoint Federation Organizers, with the approval of the Joint Protective Board, whenever, in his/her opinion, their services will be beneficial to the Federation. Organizers shall have the same eligibility requirements as is required of elective Federation Officers.

Section 1.(f) He/she is empowered to call on any Federation Officer, Local Lodge Officer or Local Lodge Grievance Committeeman to assist in adjusting grievances or conducting any other business of the Federation.

Section 1.(g) He/she shall approve all bills and accounts against the Federation pertaining to the salary and expenses of Officers, clerks, organizers and other help, and such bills as pertain to stationery and supplies for headquarters; this, however, not to include the purchase of new office furniture or equipment, unless same has been authorized by the Executive Board. He/she shall countersign all documents and checks emanating from the Federation.

Section 1.(g)(1) The General Chairman shall provide a Pennsylvania Federation Monthly Expense Projection on September 1, 1991 and approved in Convention of that year and every convention year thereafter on that date to the Joint Protective Board. The Monthly Expense Projection shall include the expenses of the General Chairman for his/her term in office.

Section 1.(h) He/she shall convene the Federation Joint Protective Board at any time he may deem necessary for the purpose of formulating policies to be pursued during the recess of the Federation Conventions.

Section 1.(i) He/she shall convene local committees and/or Local Lodges when he deems such action advisable. He/she shall report to such local committee and/or Local Lodge any member thereof who shall fail to perform his/her duties or shall be guilty of insubordination or sedition.

Section 1.(j) He/she shall appoint all committees not otherwise provided for in these Bylaws.

Section 1.(k) The General Chairman shall negotiate with management all general revisions of rates of pay and working conditions with the approval of the Joint Protective Board. The General Chairman shall confer with the affected Vice Chairman. The General Chairman shall initiate a referendum vote of the affected members prior to entering into such agreement with management. He/she shall forward copies of the proposed agreement and detailed information to the affected members. The affected members must be given at least fifteen (15) days before ballots must be returned to the Federation office or other place that may be designated by the Federation Joint Protective Board.

The Federation Joint Protective Board shall establish procedures to insure a proper referendum vote is taken. A simple majority of those members voting shall determine whether the tentative agreement is accepted or rejected. The General Chairman shall notify all Federation Officers and affected Local Lodge Presidents, Secretary-Treasurers and Local Chairmen of the results.

Agreements other than those which are general revisions of rates of pay and working conditions (i.e. those which are not the result of Section 6 negotiations), shall be submitted to the affected members for ratification by the General Chairman. The General Chairman, at his/her discretion, may employ ratification procedures other than by mail ballot, so long as proper notice and explanation is provided to the affected members, ample opportunity for partaking in the ratification is provided to the affected members and clearly verifiable methods of ratification are employed (such as, but not limited to meetings, with notice, to the affected members). No agreement shall be entered into without such ratification. The General Chairman shall notify all Federation Officers and affected Local Lodge Presidents, Secretary-Treasurers and Local Chairmen of the results.

Section 2.(a)
Vice Chairman-Secretary-Treasurer. He/she shall be under the jurisdiction of the General Chairman.

Section 2.(b) He/she shall keep a true and accurate record of all money received by him. He/she shall pay all just and lawful bills contracted in the name of the Pennsylvania Federation, by check, when approved by the General Chairman and keep a true and accurate record of all expenditures of Federation funds. All checks, to be valid, must be countersigned by the General Chairman.

Section 2.(c) He/she shall cooperate with National Division and see that all Local Lodges are properly audited. He/she shall place all money of the Federation in depositories designated by the Executive Board to the credit of the Pennsylvania Federation of the Brotherhood of Maintenance of Way Employes Division. He/she shall invest the funds of the Federation as directed by the Executive Board.

Section 2.(d) He/she shall visit Local Lodges whenever possible to do so and instruct the Secretaries, when necessary, as to the proper methods of carrying on their work.

Section 2.(e) He/she shall deliver to his successor (when elected and bonded) all books, papers, money, records and other properties of the Federation in his possession, taking receipts of same.

Section 2.(f) He/she shall make a report of all transactions at the regular Convention of the Federation and a report of the financial condition and the membership to the Federation Joint Protective Board on the day following the Executive Board audit in April and October.

Section 2.(g) He/she shall discharge on behalf of the Federation such duties as may be imposed upon him by applicable law, including the execution and filing of any reports to Federal or State authorities, and he/she shall maintain such records as the law requires to be kept for a period of not less than five (5) years in support of such reports.

Section 3.(a) Duties of Vice Chairmen. It shall be the duty of the Vice Chairman to assist the General Chairman in the discharge of his duties and he shall at all times be subject to the orders of the General Chairman. He/she shall visit Local Lodges, when possible and instruct the Officers and members in their duties and instruct them as to the proper method of adjusting matters in dispute. The jurisdiction of a Vice Chairman may consist of one or more territories or its equivalent non railroad entity, and in the judgment of
the General Chairman will produce the most effective and efficient representation in the respective territory. The Vice Chairman shall handle all controversial matters with management. He/she shall render a report of cases handled during the previous month to the General Chairman, on forms furnished for the purpose, setting forth in detail all the controversial matters handled by himself. He/she shall furnish such information with his report that may directly or indirectly affect his constituents, and shall perform such other duties as may from time to time be assigned him by the General Chairman. Bill for service and expenses shall not be approved by the General Chairman unless and until reports are rendered as provided in this Section.

Vice Chairman shall remit all money collected by themselves for initiation fees, dues, assessments, or for any other purpose for which they are authorized to collect on the 14th and the last day of each month to the Vice Chairman-Secretary-Treasurer and they shall remit in full all collections to date.

Vice Chairmen shall furnish copy of all remittance reports to the Local Lodge Secretary-Treasurer who received credit for the Local Lodge portion of the dues collected.

Section 4. Executive Board. The Executive Board shall meet immediately after the close of the Federation Convention and elect from their number a Chairman and a Secretary. The Secretary shall keep a true record of all transactions and meetings of the Board, and shall mail copies of same to Lodge Presidents and Federation Officers requesting same within ten (10) days.

Section 4.(b)(1) They shall, in conjunction with the Vice Chairman-Secretary-Treasurer, authorize any monies requested to be spent by the General Chairman that exceeds the projected monthly expenses as outlined in Article 4, Section 1.(g)(1).

Section 4.(c) They shall meet during the months of January, April, July and October at the office of the Federation or through conference call at the discretion of the Executive Board Chairman, to examine and audit the accounts of the Federation. They shall hold special meetings upon written notice given by the General Chairman or the Chairman of the Executive Board. Such written notice shall set forth the time, place and purpose of the special meeting. They shall transmit a full report of all business transacted at the ensuing Federation Convention.

Section 4.(d) They shall authorize the purchase of the necessary office furniture, equipment, etc., and the expenditure of any funds of the Federation not otherwise provided for in these Bylaws.

Section 4.(e) They shall prepare and formulate rules to govern and safeguard the investment of the funds of the Federation.

Section 4.(f) They shall have the authority to sell, exchange or encumber any or all real and personal property of the Federation provided, however, that they shall have been previously authorized to do so, in each particular case, by the Convention or by a three-fourths (3/4) vote of the Joint Protective Board.

Section 4.(g) That the investment fund known as Wachovia Securities be converted into a capitol expenditure fund to be under the jurisdiction of the Executive Board. Certain capitol expenditures such as equipment leasing and maintenance shall be paid for from this fund. Other capitol expenditures such as, but not limited to, purchase of office equipment and computers shall be taken from this fund when such purchase has been approved by the Executive Board. For any other use of this fund, the prior approval of the Executive Board must be obtained. The Executive Board may, with the agreement of the General Chairman and the Secretary Treasurer invest the fund in a manner that they believe will provide a higher return on the investment.

Section 5.(a) Appeal Board. The Appeal Board shall consist of all elective Federation Officers, except such Federation Officer or Officers as may be directly involved in a dispute being considered by said Board. It shall fairly and impartially pass upon all matters of dispute properly before the Board provided; however, that the Appeal Board shall not hear appeals from decisions of the Trial Board, decisions regarding eligibility for nomination, or any other appeal where National Division and/or the International Brotherhood of Teamsters has jurisdiction.

Section 5.(b) The Appeal Board shall be, within fifteen (15) days from the date of an appeal to it, or other necessity for its meeting, called to convene at the Federation headquarters within sixty (60) days, where it shall meet from day to day until all matters brought before it are disposed of by a majority vote of the Board. Its decision shall be rendered in writing and shall be final, unless reversed by action of the Federation in regular Convention.

Section 5.(c) Legal calls for meetings of the Appeal Board shall be issued by the General Chairman, or by the Vice Chairman-Secretary-Treasurer if the General Chairman is directly involved in the dispute which the Board is called to consider, or by the Chairman of the Executive Board should the General Chairman and Vice Chairman-Secretary-Treasurer both be involved in the dispute.

Section 6.(a) Federation Organizers. Organizers employed by the Federation shall be under the direct supervision of the General Chairman.

Section 6.(b) It shall be the duty of each Organizer, employed in whole or in part by the Federation, to report to such places as may be designated by the General Chairman, after which he will report to the Vice Chairman-Secretary-Treasurer or Vice Chairman specified. He/she shall make periodic reports on the 14th day and last day of each month to the General Chairman, with a copy to the Vice Chairman-Secretary-Treasurer or Vice Chairman of the territory on which assigned. He/she shall remit all money collected by himself/herself for initiation fees, dues, assessments or for any other purpose for which he is authorized to collect, on the 14th and last day of each month to the National Division Secretary-Treasurer and he/she shall remit in full all collections to date.

Section 6.(c) Organizers shall furnish copy of all remittance reports to the Local Lodge Secretary-Treasurer in the territory where collections are made.

Section 6.(d) No Organizer shall be permitted to collect any money from Local Lodge Secretary-Treasurers.

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ARTICLE V
SALARIES, BENEFITS AND FINANCIAL OBLIGATIONS OF OFFICERS

Section 1. The General Chairman shall receive a monthly salary which shall equal 115% of the highest rate of pay (including any cost of living) applicable to the positions governed by the collective bargaining agreements in effect among employers under the jurisdiction of the Federation. Said monthly rate shall be computed on the basis of 183 hours per month.

The Vice Chairmen of the Federation shall receive a monthly salary which shall equal 100% of the highest rate of pay (including any cost of living) applicable to the positions governed by the collective bargaining agreements in effect among the employers under the jurisdiction of the Federation. Said monthly rate shall be computed on the basis of 183 hours per month.

The Vice Chairman-Secretary-Treasurer of the Federation shall receive the salary of the Vice Chairmen plus an additional $2000.00 annually to be computed in equal parts on a monthly basis.

Section 2. Benefits for full time elective Federation Officers shall not be less than those benefits received by members working on the various railroads under the jurisdiction of the Pennsylvania Federation.

Full time officers and employees of the Federation who retire in their position or at the end of a term in office and begin collecting at or after age 60 a railroad retirement annuity shall have their medical benefits continued by the Federation for them and their eligible dependents until they are age 65 so long as they continue to remit to the Federation each month the amount equivalent to the supplemental insurance payment made by railroad employees to plan GA-23111 plan F for each covered person.

Section 3. In no case will advance payment be made on any salaries from the funds of the Federation.

Section 4. All Federation Officers while attending meetings, engaged in work or traveling in the interest of the Pennsylvania Federation, other than at their headquarters, shall be allowed actual expenses, to be paid out of the funds of the Federation, when approved by the General Chairman.

Section 5. Receipts, when obtainable, for all bills for which reimbursements are requested must be attached to bills for expenses.

Section 6. Bonding. The Officers and employees of the Pennsylvania Federation will be bonded as prescribed in the National Division Bylaws. The premium of said bonds shall be paid from the Federation funds and the bonds shall be held in custody by the Secretary-Treasurer of National Division.

Section 7. Financial Obligations. The Pennsylvania Federation shall not contract, agree or be obligated in any way to pay salary and expenses to any person or Officer, or to incur any obligations of any kind with members or others beyond the extent of Federation funds and current income, without the approval of the National Division Officers. Any obligations incurred contrary to the foregoing provisions shall not create a claim or lien against the Federation or National Division beyond the extent of available funds in the Federation treasury.

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ARTICLE VI
CHARGES AND TRIALS

A. Federation Officers and Joint Protective Board Members

Charges against any System Officer or Joint Protective Board Members shall be filed in writing in accordance with Article XIX of the IBT Constitution. Trials shall be conducted in accordance with Article XIX of the IBT Constitution and Paragraph 4.12 of the Merger Agreement between BMWE and IBT.

Appeals from the decision of the Trial Board shall be in accordance with Paragraph 4.12 of the Merger Agreement between BMWE and IBT.

Any expense incurred in connection with the hearing of charges against an Officer, conducted as prescribed in this Article, will be paid from Federation funds.

Vacancies created by sustained charges will be filed as provided in Article 3, Sections 4-7 of these Bylaws.

B. Members

Charges against any Member shall be filed in writing in accordance with Article XIX of the IBT Constitution. Trials shall be conducted in accordance with Article XIX of the IBT Constitution and Paragraph 4.12 of the Merger Agreement between BMWE and IBT.

Appeals from the decision of the Trial Board shall be in accordance with Paragraph 4.12 of the Merger Agreement between BMWE and IBT.

The Federation shall be liable for expenses incurred by the Trial Board in the conducting of the hearing.

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ARTICLE VII
FISCAL YEAR

The fiscal year of the Federation shall end on March 31st of each year.

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ARTICLE VIII
MEMBERSHIP

(a) An employee below the rank of General Foreman or its equivalent, actively employed by an employer coming within the jurisdiction of the Federation who is sober, moral and otherwise of good character, is eligible to membership in a Local Lodge of the Brotherhood of Maintenance of Way Employes Division assigned to the Pennsylvania Federation.

(b) Any member who is employed in an official capacity by an employer under the jurisdiction of the Pennsylvania Federation, will not be eligible to participate in or take any part in transacting the business of this Federation.

(c) Members have a duty to cooperate, to the best of their ability and knowledge, with the Federation Officers in the policing of the collective bargaining agreements under the jurisdiction of the Pennsylvania Federation. Members shall not voluntarily collaborate with management to violate the collective bargaining agreements under the jurisdiction of the Pennsylvania Federation.

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ARTICLE IX
REVENUE, FEES, DUES AND ASSESSMENTS

Section 1. Initiation fees for new members and distribution of said initiation fees shall be as is provided for in Article XV, Section 2, of the National Division Bylaws.

Section 2. In addition to National Division dues and assessments and Local Lodge dues and assessments, effective with the payment of dues for the month of January 1996 and January of each succeeding year, Federation dues shall be adjusted to reflect 2.12 times the average straight time hourly rate-of-pay. The average straight time hourly rate of pay will be based on information reflected in Interstate Commerce Commission Statement Number A-300 for Maintenance of Way Employees for calendar year 1994 and
each successive year. Said amount to be rounded to the nearest 25 cents, which additional sum shall be taken into consideration when calculating any dues increase for the following year.

In the event that the Interstate Commerce Commission ceases to publish Statement Number A-300 on an annual basis, or alters it materially, the annual statement published by the National Railway Labor Conference will be used as an alternative equivalent formula. In the event that the National Railway Labor Conference ceases to publish the annual statement or alters it materially, an alternative equivalent formula shall be adopted so as to accurately reflect increases in rates-of-pay during the appropriate measurement period.

The General Chairman in conjunction with the Secretary Treasurer and with the approval of the majority of the Federation Joint Protective Board may adjust the percentage down. In addition, upon written request from a majority of the Federation Joint Protective Board the General Chairman shall convene the Federation Joint Protective Board for the purposes of considering proposals to adjust the percentage down. A majority vote of the Federation Joint Protective Board at such meeting may adjust the percentage down. Any increase in the percentage must be done in accordance with the procedures in Article 12 of these Bylaws.

Section 3. Local Lodge dues shall be as prescribed in Article XV, Section 3, of the National Division Bylaws and be uniform in compliance with the requirements of Section 11 of the Railway Labor Act or where a member is employed in a non Railway Labor Act setting, dues shall not be in conflict with applicable law.

Section 4. Each Local Lodge Secretary-Treasurer shall remit to the National Division Secretary-Treasurer all collections received by him/her at least once each month and he/she shall remit all collections to date; except that he/she shall retain in his/her possession for Local Lodge purposes, Local Lodge dues collected for his/her Local Lodge.

Section 5. The Federation Joint Protective Board is authorized to instruct the National Division Secretary-Treasurer to levy such assessments, in advance, upon the members of the Federation as may be necessary to carry forward their work, and any member failing or declining to pay such assessment shall stand suspended after the last day of payment mentioned in the call.

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ARTICLE X
REPRESENTATION - LOCAL LODGES
GRIEVANCE PROCEDURE AND NEGOTIATIONS

Section 1. The representation shall consist of Local Lodge Grievance Committee or Committees, Vice Chairmen, a General Chairman and a Joint Protective Board.

Section 2. Each Local Lodge on a Division Engineer's or corresponding territory or its equivalent on a non railroad employer shall elect as provided in Article XVIII Section 9, of the National Division Bylaws, a Grievance Committee, of not less than three (3) members. Where there is a joint Local Lodge with membership from more than one (1) Division Engineer's or corresponding territory or its equivalent on a non railroad employer, the members from each territory or its equivalent shall elect from among themselves Local Lodge Grievance Committeemen to represent the membership on their respective territory in that Local Lodge. The elected Chairman, of each committee shall be a Local Chairman. In addition, each department under the jurisdiction of the Local Lodge, may, at the discretion of the members in such department, elect a three-man Grievance Committee, the Chairman of which may be a Local Chairman of that lodge. Each Local Lodge may at its discretion structure its Grievance Committee as it determines to be in the best interest of its members. No member shall be eligible to hold the office of Local Lodge Grievance Committeeman and Vice Chairman at the same time. All camp car units shall elect, from among the members of such unit, a Grievance Committee from the unit. One of those members shall be elected as the Local Chairman. This committee shall handle the first level grievances of the members of that unit and shall communicate directly with the Vice Chairman of the region where the unit is working. This Grievance Committee and Local Chairman shall be considered authorized representatives of the Federation and shall have the same rights, with respect to the unit they work in as a Local Chairman and Grievance Committee in any Local Lodge. The General Chairman and/or his/her designated representative shall conduct the election in the camp car units.

Section 3. Subject to the terms of the Merger Agreement between BMWE and IBT, any member in good standing who has established at least twelve (12) months' seniority rights in the departments coming under the jurisdiction of this Federation; who shall be a member of a Local Lodge in good standing with the National Division and Pennsylvania Federation; and shall have at least four (4) months' continuous membership at the time of assuming office, will be eligible to hold office of Local Lodge Grievance Committeeman.

When a Local Lodge has been in existence less than one (1) year, or has been affiliated with the Federation less than one (1) year, the above paragraph shall not be interpreted to prevent the nomination and election of a Local Lodge Grievance Committeeman from that Local Lodge.

Section 4.(a) Nomination and election of Local Lodge Grievance Committee or Committees shall be held as provided for in Article XVIII, Section 9, of the National Division Bylaws. Immediately following the election, the Local Lodge Secretary-Treasurer shall submit in writing to the General Chairman, the names, lodges or units, post office address and phone numbers of the members elected. The General Chairman shall notify all elected Federation Officers of same. Local Lodge Grievance Committeemen shall serve until their successors are duly elected and installed.

Section 4.(b) Local Lodges which have jurisdiction over more than one employer shall have an elected Grievance Committee for each employer coming under their jurisdiction. The Chairman of each Grievance Committee shall be a considered Local Chairman.

Section 5. The Local Lodge Local Chairman shall assist any member of his lodge to start the handling of controversial matters with his immediate superior. If same is adjusted favorably, the decision shall be reported to the Vice Chairman. If the decision is unfavorable, all papers and information that can be obtained must be turned over to the Vice Chairman, who shall then proceed to handle the controversy, with the management. If the Vice Chairman, or the membership of any Local Lodge, feel that their Local Lodge Local Chairman should accompany him to meetings with the management, it shall be the duty of the Local Lodge Local Chairman to do so.

Section 6. Salaries and expenses of Local Lodge Local Chairmen and Grievance Committeemen shall be paid from Local Lodge funds, except while working for the General Chairman at the request of the General Chairman, when they will be paid by the Federation, except that the local lodge representative shall not be paid by the Federation for any time not lost from work as a result of a request by the General Chairman.

Section 7. The Federation shall have jurisdiction, so far as the number and location of Local Lodges is concerned, insofar as it is consistent with the Bylaws of National Division.

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ARTICLE XI
HEADQUARTERS

The headquarters of the Federation shall be located in Philadelphia, Pennsylvania, unless changed by a vote of the Joint Protective Board.

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ARTICLE XII
DISCRIMINATION

Section 1. It is the intention of this Federation that any reference to race, religion or gender of members of the Pennsylvania Federation is made in a nondiscriminatory manner. It is the intention of the Pennsylvania Federation to consider all members equally, and any referral in the body of the Bylaws to gender of its membership is done so without prejudice.

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ARTICLE XIII
BYLAWS - AMENDMENTS

Section 1. Should any condition arise between Conventions which will affect the life, existence or progress of the Federation, the General Chairman and the Vice Chairman-Secretary-Treasurer, acting in conjunction with the Federation Joint Protective Board, shall be empowered to amend any Article of the Bylaws, subject to the approval of the affected membership of the Federation in a special Convention convened by the General Chairman,, or by mail ballot referendum of all members.

Prior to any change in these Constitution and Bylaws becoming effective, the precise language of the change shall be presented to all of the Lodge Presidents of the Federation so that the lodge may elect a delegate to come to the special Convention and instruct such delegate as to whether he/she should vote for or against the proposed change or if a mail ballot referendum is used, a copy of the proposed change will be furnished to the members voting.

Delegate election to special Conventions shall be conducted as is described in Article II of these Bylaws.

Section 2. These Bylaws may be repealed, suspended, altered or amended by a majority vote of the delegates assembled at quadrennial Convention; provided, however, should any condition arise which would affect the life, existence or progress of the Federation, the Joint Protective Board may temporarily alter, amend or suspend any part of these Bylaws that may be necessary to protect the best interests of the Pennsylvania Federation, pending the outcome of the procedures of Section 1 of this Article. These Bylaws, when approved by the National Division President, shall supersede all other Bylaws of the Pennsylvania Federation.

 

/s/ Jed Dodd

Jed Dodd, General Chairman

 

APPROVED:

/s/ Freddie N. Simpson

Freddie N. Simpson, National Division President

 


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