NAME, JURISDICTION AND
PURPOSES
Section 1. Name
This labor union shall be
known as ASSOCIATION OF THEATRICAL PRESS AGENTS AND MANAGERS, UNION
NO.18032, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING
PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS
TERRITORIES AND CANADA, AFL-CIO, CLC, hereinafter referred to as the
Union.
Section 2. Jurisdiction
The jurisdiction of this Union
shall include those persons who are employed as Press Agents, Marketing
Directors, Company Managers and/or House Managers and Casting Directors as
respects the theatre, theatrical entertainment, opera, circus, carnival,
concert, television or what is broadly classed as entertainment, and in
areas as are set forth in ARTICLE EIGHTEEN, SECTION 10 of the Constitution
of the International Alliance of Theatrical Stage Employees, Moving
Picture Technicians, Artists and Allied Crafts of the United States, Its
Territories and Canada, AFL-CIO, CLC, hereinafter referred to as the
International.
Section 3. Purposes
A. To bring members together
for their best interests, and to promote and protect their welfare through
trade union activities.
B. To establish and provide a
democratic trade union that will seek to maintain and improve wages and
other economic advantages for its members through organization,
negotiation and collective bargaining and other lawful means and methods.
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OFFICES AND RECORDS
Section 1. Offices
The principal office of the
Union shall be located in the City and State of New York or at such other
places as the Board of Governors may designate. The Union may have such
sub-offices as the Board of Governors may determine from time to time.
Section 2. Records
All Union books, records, and
documents shall be maintained at the principal offices of the Union.
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MEMBERSHIP
Section 1. Eligibility
A. Any Person shall be
eligible for membership who has served and completed a registered
apprenticeship in accordance with a program established by a Chapter under
the auspices of the Board of Governors; or
B. The Board of Governors may
accept persons of other qualifications or establish alternate conditions
or requirements of eligibility for membership, i.e. as part of
organizational drives.
Section 2. Application for
Membership
Every application for
membership must be made upon the official printed form supplied by the
International to the Union.
The endorsement of the
application by the General Secretary-Treasurer of the International must
be obtained before an applicant can be admitted to membership in the
Union. If endorsement is refused by the General Secretary-Treasurer, the
applicant shall be rejected.
Each application blank must be
accompanied by such admission fees as are set forth in the By-laws (to be
returned to the applicant if the application is rejected), together with
such non-refundable processing fee as may be set by the International
General Office from time to time.
An applicant who is found
guilty of making false statements upon the application form shall, if
admitted to membership, be expelled upon conviction and shall thereafter
be denied admission to membership in this Union. Any initiation fee paid
by such members shall be forfeited upon expulsion.
Section 3. Voting on
Applicants
An applicant who has complied
with the preceding sections of the Article and who is, there under,
eligible for membership shall be proposed for admission at a regular
meeting of the Board of Governors, who shall vote to accept or reject the
applicant for membership in the Union, provided, however, that the
decision of the Board of Governors shall be ratified by a majority vote of
the membership in accordance with ARTICLE VIII, SECTION 4.
Section 4. Non-Discrimination
There shall be no
discrimination against any applicant for membership because of race,
creed, color, age, sex, affectional preference, national origin or
religion.
Section 5. Membership Oath
New members must take the
following oath of Obligation:
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I, of my own free will, do
sincerely promise to abide by the laws of this Union. I also promise to
bear true allegiance to the International Alliance of Theatrical Stage
Employees, Moving Picture Technicians, Artists and Allied Crafts of the
United States, Its Territories and Canada, AFL-CIO, CLC.
I further solemnly promise
that I will never knowingly wrong a brother or sister member or see them
wronged, if it be in my power to prevent it.
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Section 6. Apprentices
The rules and regulations of
the apprenticeship program for each Chapter shall be established by such
Chapter, subject to the approval of the Board of Governors. Such rules and
regulations shall include, but not be limited to, provisions regarding the
number of apprentices, length of service, wages and working conditions,
the dues, and the criteria of eligibility for such apprenticeship
programs.
Section 7. Good Standing
A. A member
in good standing shall be entitled to all of the rights, benefits and
privileges pertaining to such membership.
B. (i) A member shall lose
good standing by suspension or expulsion from membership after appropriate
proceedings in accordance with the terms of this Constitution, for
violation of this Constitution, the By-Laws of the Union or the
Constitution and By-Laws of the International.
(ii) Members may be suspended
or expelled without trial for non-payment of dues and other financial
obligations. In no event shall a member be expelled unless the
member has been delinquent for a period of more than six months and unless
such member has been given at least 10 days’ written notice, by certified
mail directed to the member’s home address as last entered in the records
of ATPAM that the member will stand expelled unless payment of his arrears
is made within such 10-day period.
(iii) The Board of Governors
may establish a procedure for the excuse of such delinquency upon evidence
of sufficient cause.
C. Any member expelled from
membership for non-payment of dues, fines, special charges or working
assessments may be reinstated by the Board of Governors, at its sole
discretion, upon such terms and conditions as it determines.
D. A member who is not in good
standing shall not be entitled to:
(i) attend or vote at any
Union meeting;
(ii) run for or hold office in
the Union;
(iii) receive any benefits
provided by the Union;
(iv) enjoy any of the
privileges or exercise any of the rights of members in good standing.
E. No member who has engaged
in anti-Union activities while suspended, expelled or on withdrawal shall
be eligible for reinstatement after suspension, expulsion or withdrawal,
except upon recommendation of three-quarters (3/4) of the members of the
Board of Governors.
F. A member in good standing,
not employed within the jurisdiction of the Union, may request an
honorable withdrawal from the Union. Such member shall be reinstated to
active membership on written application to the Board of Governors and by
payment of the lesser of dues from the time of honorable withdrawal or
three years' annual dues. Honorable withdrawal shall be contingent upon
member being current with dues at time of withdrawal request.
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MEMBERSHIP CHAPTERS
Section 1. Organization
The Union shall be composed of
a Manager Chapter and a Press Agent Chapter.
Upon Acceptance into the
Union, a member shall be assigned to the Chapter under which
apprenticeship was served or field of employment under an organizing
drive.
Section 2. Transferability
During the first three (3)
years of Union membership, a member shall work only within the
jurisdiction of the Chapter to which initially assigned. Thereafter, a
member may accept employment in any category and may change to the Chapter
of last employment.
Section 3. Multiplicity
No member shall be employed in
more than one position at the same time except that Press Agents shall
have the right of multiple employment limited to a maximum of six (6)
attractions, and their Chapter shall provide rules for employment of
Associates. Any further amendments shall be in the direction of increasing
the number of Associate Press Agents in relation to the said maximum
attractions.
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OFFICERS
Section 1. Officers
A. The officers of the Union
shall be a President, Vice President and Secretary-Treasurer and they
shall be members of the Union.
B. The officers shall be
elected by a plurality of the vote for a term of three (3) years.
C. There may be only one paid
officer of the Union; said officer's salary shall be the highest current
salary as provided in the Minimum Basic Agreement.
D. No paid officer or paid
official of the Union shall be permitted to hold contracts or other
employment in the industry.
E. The procedure for removing
any officer from office for any violation of this Constitution or its
By-Laws or the Constitution and By-Laws of the International or for any
act against the interest of the Union shall be as set forth in ARTICLE
XIII of this Constitution.
F. Vacancies in office shall
be filled on a temporary basis by a majority vote of the Board of
Governors convened at a special meeting as soon as practicable after the
vacancy occurs. At the next following membership meeting, nominations for
such office(s) shall be conducted, and an election shall be held. An
officer serving on a temporary interim basis shall be paid a salary set by
the Board of Governors for such temporary period, not to exceed the salary
paid to the previous officer
Section 2. Duties of Officers
A. President
(i) Preside at all membership
meetings of the Union.
(ii) Appoint, with the consent
of the Board of Governors, all standing committees within thirty (30) days
of installation and all special committees as required.
(iii) Countersign all checks
and vouchers for the disbursement of Union funds.
(iv) Serve as Chairman of the
Board of Governors in the absence of the Vice President, with a vote in
the case of a tie.
(v) Represent the Union as a
delegate to the International convention.
B. Vice President
(i) Serve as Chairman of the
Board of Governors with a vote in the event of a tie.
(ii) Serve as President in the
temporary absence or disability of the President. In the case of death,
resignation, permanent disability, inability to fulfill the duties or
removal of the President from the office of President, the Vice President
shall serve temporarily as President until the office is filled as herein
provided, after which the Vice President shall return to the office of
Vice President.
(iii) Represent the Union as a
delegate to the International convention.
C. Secretary-Treasurer
(i) Be responsible that an
accurate and complete written record of the proceeding of the Union and of
the Board of Governors be kept.
(ii) Report, at each meeting
of the Board of Governors, any delinquency of employer bonds, payments of
salaries and/or expenses, and outstanding contracts of employment.
(iii) Preserve all documents
relating to the business of the Union, be responsible for all official
correspondence, and countersign all documents which require the signature
of an officer.
(iv) See to the collection and
deposit of all moneys due the Union in banks or, securities as specified
in this Constitution.
(v) Supervise the maintenance
of:
(a) the account of the Union's
financial affairs;
(b) the record of each
member's account; and
(c) a roll of all members,
their Chapter affiliations and residences.
(vi) Affix the seal of the
Union to all official documents, and be custodian of the seal and Charter.
(vii) Report regularly all
actions and the Union's financial position to the Board of Governors,
cooperate at all times with the Union's Finance Committee, and at the
regular membership meetings give a report of the Union's current financial
standing.
(viii) Keep the Union's books
open for inspection by the President, Finance Committee and the Board of
Governors, and provide for annual audit by a certified public accountant
designated by the Board of Governors.
(ix) See to payment of all
salaries and bills for which the Union is responsible. All checks and
vouchers shall be signed by the Secretary-Treasurer and countersigned by
the President or Vice President. If the Secretary-Treasurer is unavailable
for more than seventy-two (72) hours, checks may be signed by the
President and Vice President together.
(x) Attend all meetings of the
Board of Governors with voice but without vote, and attend all membership
meetings and Chapter meetings.
(xi) Preside as Chairman of
the Board of Governors in the absence of the Vice President and President
with a vote in the case of a tie.
(xii) Sign all properly
executed Standard Individual Contracts of Employment.
(xiii) Direct organizing
drives to expand our jurisdiction as allowed by the International, and to
increase our areas of employment, under the supervision of the President
and Board of Governors..
(xiv) See to the investigation
of any conditions affecting the employment of members and enforce the
terms of the contracts to which the Union is a party.
(xv) At the expiration of the
term of office, the Secretary-Treasurer shall deliver to a successor all
moneys and other property of the Union.
(xvi) Serve as an ex-officio
member of all standing committees.
(xvii) Represent the Union as
a delegate to the International convention.
D. Sergeant-at-Arms
The Sergeant-at-Arms shall be
an honorary position appointed by the President prior to each General
Membership Meeting. The Sergeant-at-Arms shall maintain order at all
meetings of the membership and shall attend to the door at such meetings
and ensure that only members in good standing sign the quorum book.
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BOARD OF GOVERNORS
Section 1. Composition
A. The Board of Governors
shall consist of ten (10) members of the Union in good standing. Of these,
five (5) shall be elected by the Manager Chapter and five (5) shall be
elected by the Press Agent Chapter. The candidate receiving the highest
number of votes from each Chapter shall be the Chairperson of that
Chapter. Each Chapter shall also elect an Alternate to the Board of
Governors who shall be the candidate with the next highest vote to those
elected. The Alternate shall attend all meetings but shall vote only in
the absence of a full member of the Chapter represented.
B. The Board shall be elected
in the manner provided in ARTICLE VII of the Constitution.
C. No officer shall be a
member of the Board of Governors.
D. The term of office for
members of the Board shall be one year.
E. A vacancy on the Board of
Governors shall be filled by the member elected as Alternate by the
Chapter which elected the member whose seat had become vacant. If the
vacancy is that of a Chapter Chairperson, the Board member of that Chapter
who received the second highest number of votes shall become the
Chairperson. At the next following Chapter meeting, candidates to complete
the term as Alternate must be nominated, and subsequently elected by a
mail ballot pursuant to the rules in ARTICLE VII.
Section 2. Duties
A. The Board of Governors
shall act as the general governing body of the Union between meetings of
the membership.
B. The Board shall receive and
act upon the reports, recommendations and decisions of all committees.
C. The Board shall have power
to summon any member or officer of the Union before it in regard to any
matter or proceeding.
D. The Board, after complying
with the requirements set forth in ARTICLE TWENTY-TWO of the Constitution
of the International with respect to a strike vote and authorization, if
required, shall have authority to call a strike.
E. No action of the Board of
Governors shall be in conflict with any article or rule contained in the
Constitution or By-Laws.
F. Except for the appointment
of delegates to the International convention, the Board shall appoint
delegates to represent the Union at conventions and/or conferences, and
shall appoint Trustees or other representatives to represent the Union as
may be required. Such appointments shall be for a period of three (3)
years from the date of appointment but may be terminated by the Board at
any earlier time.
G. The Board shall appoint
Stewards in areas outside of New York City after receiving recommendations
from members based in the area. The Steward shall represent the Union as
directed by the Board of Governors and/or the officers, and shall act as
liaison between the area members and the Union.
H. All actions of the Board of
Governors shall be subject to review by the membership. (See ARTICLE VIII,
SECTION 4B.)
Section 3. Meetings
A. The Board of Governors
shall meet regularly but not less than once each month, in New York City,
and in addition shall meet as the President or the Board may deem
necessary.
B. The Board shall meet
whenever any five members of the Board shall petition the President to
call a meeting, and such meeting shall take place within 48 hours.
C. A quorum of the Board shall
consist of at least fifty percent (50%) of the entire Board of Governors
and must include at least one member of each Chapter.
D. Any member of the Board who
shall be absent for three (3) consecutive meetings without permission of
the Secretary-Treasurer shall, at the option of the Board, be deemed to
have resigned from the Board.
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ELECTION OF OFFICERS AND BOARD
OF GOVERNORS
Section 1. Nominations
A. There shall be a nominating
meeting in April of each election year at which nominations for elected
office shall be made.
B. Nominations for the Board
of Governors shall be made at meetings of the Manager and Press Agent
Chapters called for such purpose. A list of nominees shall be delivered to
the Secretary-Treasurer by each Chapter within forty-eight (48) hours and
prior to the general nominating meeting.
C. Each nomination must be
seconded. Nominations and seconds shall be made only by members other than
the prospective nominee. Each nominee must accept the nomination before
being placed on the ballot.
D. Any nomination and/or
second and/or acceptance may be made on the floor of the meeting or by
certified mail to the Secretary-Treasurer. If by mail, it must be received
at the office of the Union no sooner than five (5) business days and no
later than one (1) business day before the scheduled meeting. The writing
must be in such form as to clearly specify the purpose(s) of the writing
and shall contain the printed and written name of the member(s) who is
nominating and/or seconding and/or accepting. If the nomination is for the
Board of Governors, the Secretary-Treasurer shall give it to the
Chairperson of the appropriate Chapter. The nomination/second/acceptance
shall be presented at the proper meeting with the same effect as if it had
been made from the floor. Any of the functions of nominating or seconding
or accepting which are not contained in writing, may be performed on the
floor of the appropriate meeting.
Section 2. Elections
A. The election of officers
and the Board of Governors shall be conducted by secret ballot
administered by an election service company approved by the Board and in a
manner consistent with guidelines for union elections promulgated by the
U.S. Department of Labor. The ballot shall not, in any way, indicate
incumbents, and shall be distributed to all members of the Union who are
eligible to vote no later than 15 days after the nominating meeting. The
polls shall remain open for thirty days after the ballots are sent out.
The designated election service company shall certify the tally of votes
to the Election Inspectors.
B.
In the event of a material tie
vote for any office, after being informed by the Election Inspectors, the
election service company shall prepare ballots for a run-off election
between the tied candidates as soon as practical after the counting of the
ballots. Any candidate may withdraw from such a run-off election by
sending a signed letter addressed to the Election Inspectors within seven
days after being notified of the tie vote and the remaining candidate, if
only one, shall be declared elected.
C. Only members of the Union
in good standing as of a nominating meeting shall be eligible to nominate
and vote for candidates for any office, or be elected to office.
Section 3. Installation
All officers and Board members
shall be installed at the first Board of Governors meeting, but no later
than the fifteenth (15th) business day following certification of the
election results; and they shall continue to serve in office until their
respective successors are duly elected and take office.
Section 4. Election Inspectors
The election of officers and members of the Board of Governors shall be
supervised by two Election Inspectors, one appointed yearly in June by
each Chapter Chair. No Officer, Board Member or member who is a
candidate for elective office shall be eligible to serve as an Election
Inspector. The Election Inspectors shall authorize the release of the list
of eligible voters to the Board designated election service company. The
Election Inspectors also shall certify the election results from that same
company and promptly report those results to the Secretary-Treasurer of
the Union, who shall notify the membership of the results in writing.
Alternate and replacement Inspectors may be appointed as needed.
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MEMBERSHIP MEETINGS
Section 1. Regular Meetings
There shall be three (3)
regular meetings of the membership of the Union each year, which shall be
held at such place in New York City and on such days and times as the
Board of Governors may designate in the months of January, April and
October. The Union shall mail notices to all members at least ten (10)
business days in advance of each meeting.
Section 2. Special Meetings
A. Special meetings of the
Union's membership shall be held at such other times and places as the
Board of Governors may designate, or on petition of ten percent (10%) of
the entire membership.
B. A
special meeting may be requested by receipt of a petition with the
signatures of at least ten percent (10%) of the entire membership.
The Board of Governors, after being presented with sufficient valid
petitions collected, collated and delivered by the maker(s) of the
petition, shall call such meeting at a time and place as the Board of
Governors may designate and it shall be called for a date within thirty
(30) days of receipt of the petition. The Secretary-Treasurer shall
advise all members by mail at least five (5) days in advance stating the
time, place and purpose of the meeting.
(i)
A petition will
not be valid unless the signer is current with all financial obligations
to the Union
(ii) Petitions must contain original signatures or facsimile thereof.
Section 3. Quorum
The quorum of a general or
special meeting shall be fifty (50) members.
Section 4. Conduct of Meetings
A. The membership shall, at
all general and special meetings, have full and complete legislative power
to initiate, direct or authorize any and all action in the best interests
of the Union in accordance with the provisions of this Constitution. The
Board of Governors shall have the option to submit any such action to a
secret mail ballot in the manner set forth in ARTICLE VII; and the action
of the membership shall remain in abeyance until the ballots are counted.
B. At all membership meetings,
actions of the Board of Governors shall be reviewed by the members
present. In the event that the membership overturns an action of the Board
at a meeting, the Board shall have the option to submit the question to a
secret mail ballot in the manner set forth in ARTICLE VII; and the action
of the Board shall remain in effect until the ballots are counted.
C. Except where otherwise
provided, the procedure at all meetings of the Union shall be according to
Robert's Rules of Order.
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COMMITTEES
Section 1. Standing Committees
A. The following shall
constitute the Standing Committees of the Union and their duties:
(i) FINANCE COMMITTEE shall
make or cause to be made regular inspections and audits of all accounts,
records and properties of the Union.
(ii) APPRENTICE COMMITTEES
shall act as stipulated in the By-Laws.
(iii) EMERGENCY ASSISTANCE
COMMITTEE
shall assist ill and needy
members. Its actions shall be reported to the Union's auditors. Unless
otherwise stipulated, the Emergency Assistance Committee shall consist of
the President, Vice President and Secretary-Treasurer.
(iv) CONSTITUTION COMMITTEE
shall consider, draft and recommend constitutional amendments to the Board
of Governors.
B. The President, with the
consent of the Board of Governors, shall appoint the members of the
standing committees within thirty (30) days of installation and such other
committees as may from time to time be necessary to carry out the proper
work of the Union, and such appointments shall be announced to the general
membership as soon as practical. Each of the Chapters of the Union shall
be represented on the various standing committees in the same proportion
as they are represented on the Board of Governors except for the Emergency
Assistance Committee and except that a separate Apprentice Committee shall
be formed for each Chapter.
Section 2. Bargaining
Committee
A. The committee to negotiate
the Minimum Basic Agreement with the League of American Theatres and
Producers, or any successor organization(s), shall be appointed as
specified in Section 1 (B) above. In addition, the President, Vice
President and Secretary-Treasurer shall be ex-officio members of this
committee.
The Bargaining Committee shall
submit the proposed agreement to the Board of Governors, with or without
recommendation. On approval of the Board of Governors, the proposed
agreement shall be discussed at a special membership meeting and then
voted upon by the entire membership by a secret mail ballot to be mailed
within five (5) business days following the meeting and which shall be
returned to the Union within ten (10) business days thereafter.
B. Any other proposed
agreement shall be submitted to the Board of Governors for approval or
rejection. Upon approval, it shall be distributed to the affected members.
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RIGHTS OF MEMBERS
Section 1. Rights
Except as provided in ARTICLE
XIII, no rule or action by the Union or its officers shall deprive
individual members in good standing of their rights:
A. To attend membership
meetings and to vote upon the business of such meetings.
B. To nominate candidates,
hold office and vote in elections or on matters submitted for vote to the
Union, except as restricted by ARTICLE XI, SECTION 4.
C. To assemble freely with
other members and express any view at meetings upon any business properly
before the meeting.
D. To obtain information
concerning the conduct of Union business.
E. To present in writing any
grievance or claim under this Constitution or the By-Laws to the Board of
Governors, and to appeal any decision of the Board of Governors directly
to the membership at the next regularly scheduled meeting or at a special
meeting convened for such purpose.
F. Any member may present a
petition to the Board of Governors for any purpose of concern to the
general membership (or to the membership of a Chapter) if it is signed by
at least ten percent (10%) of the appropriate members. It shall then be
delivered to the Secretary-Treasurer who shall present the petition to the
next meeting of the Board of Governors who shall then act upon the subject
of the petition. If the Board of Governors does not act favorably upon the
petition, the Board shall present it, as submitted, to the next meeting of
the affected membership, where it is to be freely discussed and thereafter
submitted to the membership (or the membership of the appropriate Chapter)
for a secret mail ballot.
Section 2. Exhaustion of
Remedies
This Constitution provides the
exclusive means whereby members and registered apprentices shall pursue
the rights to which they are entitled. No member shall resort to
proceedings before any court or other agency until the internal remedies
provided for herein are exhausted or until four (4) months have elapsed
from commencement of such proceedings without a final decision. The four
(4) month limitation shall be modified to three (3) months in the case of
election procedures.
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RESPONSIBILITY OF MEMBERS TO
UNION
Section 1. Duty
Every member by virtue of
membership in the Union is obligated to abide by this Constitution.
Section 2. Union
Representation
Every member and registered
apprentice, by virtue of membership or registration in the Union,
authorizes the Union to act as exclusive bargaining representative with
full powers to negotiate and execute agreements with employers governing
terms and conditions of employment and to handle any grievance arising
under collective bargaining agreements or out of any employment with such
employers, in such manner as the Union or its officers deem to be in the
best interests of the member or registrant and the Union. The Union and
its officers may decline to process any grievance if, in their reasonable
judgment, the same lack merit.
Section 3. Non-Interference
No member shall interfere with
the elected officials of the Union in the performance of their duties; and
each member shall, when requested, render such assistance and support to
such officers as may reasonably be required.
Section 4. No Conflict of
Interest
No member of this Union may
participate in negotiating basic agreements with any union on behalf of
any employer and no member of the Union may sit upon a labor board or
committee of any association of employers. Exceptions shall be at the
discretion of the Board of Governors.
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FINANCES
Section 1.
The funds of the Union shall
be derived from dues, initiation and admission fees, assessments,
additional dues for working members, and such special charges as may be
required for its purposes.
Section 2.
The dues, initiation and
admission fees, assessments, additional dues for working members and such
special charges as may be required for the purpose of operating the Union
shall be proposed by the Board of Governors and ratified by a majority
vote by secret mail ballot, in a manner similar to the procedure for
elections set forth in ARTICLE VII of this Constitution. A schedule of
such charges shall be appended to the By-Laws.
Section 3.
The admission and initiation
fees of the Union shall be uniform, provided, however, that the Board of
Governors may fix special rates for definite periods for members recruited
in an organizational campaign in unorganized territory.
Section 4.
No officer or member shall
contract any indebtedness in the name of the Union without authorization
by the Board of Governors.
Section 5.
No moneys shall be invested
in a type
of security
unless approved by a
two-thirds (2/3) vote of the Board of Governors. They shall be invested:
A. in a bank account insured
by the Federal Government and only to the extent of the amount so insured,
and or
B. in securities of the United
States Government or agencies thereof, and or
C. in a no-load mutual bond
fund offered by one of the ten largest United States mutual fund
companies.
(i) Such an investment may
constitute no more than fifty percent (50.0%) of Union investments nor may
more than twenty-five (25.0%) of Union investments be invested in any
single mutual fund.
(ii) Any mutual fund chosen
for such an investment shall:
a. invest no more than five
percent (5.0%) of its assets in any one security and no more than
twenty-five percent (25.0%) of its assets in any one sector or industry
(United States Government securities excepted.)
b. invest in Investment grade
bonds only if that security is rated not less than A-1 by Moody's or
Standard & Poors.
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CHARGES, TRIALS AND APPEALS
Section 1. Due Process
Each member and each
registered apprentice who is subject to charges or trial shall have the
right to fair treatment. In applying the rules relating to Union
discipline, ARTICLE SIXTEEN of the International Constitution (as may be
amended) shall set forth the procedures for the filing and trying of
charges.
Section 2. Charges
A. The grounds for charges
against members or officers of the Union shall include, but not be
limited, to the following:
(i) Violation of any specific
provision of this Constitution;
(ii) Assaulting a fellow
member or officer physically;
(iii) Willfully wronging a
member;
(iv) Secession or fostering
secession;
(v) Disobedience of the
regulations, rules, mandates and decrees of the Union;
(vi) Fraudulent activity or
interference with the conduct of any Union election or vote;
(vii) False statements or
misrepresentations as to the qualifications and eligibility to obtain a
membership in the Union;
(viii) Such other acts and
conduct which are inconsistent with the duties and obligations of a member
of the Union.
Section 3. Trials
A. A Trial Board shall hear
all charges preferred against officers, members or registrants.
B. The Trial Board shall
consist of three (3) members of each Chapter, who shall not be officers or
members of the Board of Governors, and who shall be appointed as follows:
One (1) member of each Chapter
to be appointed by the President.
One (1) member of each Chapter
to be appointed by the Secretary-Treasurer.
One (1) member of each Chapter
to be appointed by the respective Chairperson.
Section 4. Appeals
A. Appeals may be held in
accordance with the provision of the International Constitution. ARTICLE
SEVENTEEN.
Section 5. Violations Under
By-Laws
Violations of offenses listed
in Section L of the By-Laws shall be deemed as chargeable under this
ARTICLE XIII.
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FIDELITY BONDING
Section 1. Bonding Required
Every officer, agent, employee
or other representative who handles funds or other property of the Union
shall be bonded in an amount determined by the Board of Governors.
Section 2. Lack of Bond
Should any person who is
required to be covered by a bond not be so covered for any reason
whatsoever for any period, the Board of Governors shall make such
arrangements as shall be necessary to relieve such person from the
handling of any money or property of the Union until such person is
bonded.
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SAVINGS CLAUSE
If any provision of this
Constitution shall be declared invalid or inoperative by any competent
authority of the executive, judicial, or administrative branch of a
federal, state or city government, the Board of Governors may suspend the
operation of such provision during the period of its invalidity and
substitute in its place and stead a provision which will be in accord with
the intent and purpose of the invalid provision to the extent permissible.
Such substituted provision(s) shall be submitted to the membership for
approval at the next following regular or special meeting.
If any provisions of this
Constitution shall be declared invalid or inoperative by any competent
authority of the executive, judicial, or administrative branch of the
federal, state or city government, the remainder of this Constitution or
the application of such provision to persons or circumstances other than
those to which it has been held to be invalid shall not be affected
thereby.
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AMENDMENTS
Section 1. Procedure
A. Except as otherwise
expressly provided in ARTICLE XV, this Constitution or any provision or
portion thereof may be amended by a secret mail vote by two-thirds (2/3)
of the members voting.
B. Amendments to this
Constitution shall be proposed by the Board of Governors or by petition of
at least ten percent (10%) of the members in good standing and submitted
in writing to the Secretary-Treasurer.
C.
Proposed
amendments to the Constitution must be freely discussed in final form at a
membership meeting. Proposed amendments affecting only one Chapter must be
discussed at a meeting of that Chapter prior to the required membership
discussion. Two weeks shall then be allowed for the originators (Board of
Governors or petitioners) to withdraw or alter proposed amendments. If
neither withdrawn nor altered, amendments must be submitted in written or
printed form to the membership for its study and consideration for thirty
days prior to the counting of the vote on said amendments. The vote shall
be conducted in the same manner prescribed in Article VII, Section 2, of
the Constitution.
Section 2. Effective Date of
Amendments
Amendment(s) to this
Constitution shall be effective as of the date approved by the
International President. All amendments with regard to the powers, duties
and all aspects incidental to the holding of office shall be effective
only as of the beginning of the next term of office.
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DELEGATES TO THE INTERNATIONAL
CONVENTION
Section 1. Officers
The President, Vice President
and Secretary-Treasurer of the Union shall be Delegates to the
International Convention by virtue of their offices.
Section 2. Additional
Delegates
There shall be, in addition to
the President, Vice President and Secretary-Treasurer of the Union, such
additional Delegates to which the Union may be entitled under the
provisions of the International Constitution. Any member in good standing
in the Union shall be eligible to serve as a Delegate. Delegates shall be
nominated in same manner prescribed for the nomination and election of
officers in ARTICLE VII of this Constitution at the April membership
meeting of the Union in the year an International Convention is held and
shall be elected by secret ballot. The membership shall at the same time
decide what compensation, if any, shall be provided to the Delegates
attending an International Convention in addition to transportation and
per diem allowances provided Delegates by the International.
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BY-LAWS
By-Laws of the Union shall be
enacted and/or amended by the Board of Governors and shall be submitted to
the next regular or special meeting of the membership (or, if affecting
only one Chapter, submitted to a meeting of that Chapter) for discussion.
Prior notice of at least ten (10) business days shall be given of such an
order of business. Thereafter, it shall be sent by mail to the membership
(or, if affecting only one Chapter, to the membership of the appropriate
Chapter) for ratification by majority vote. The By-Laws amendment will
become effective as of the date approved by the International President.
A. ENACTMENT
By-Laws of the Union shall be enacted and/or amended by the Board of
Governors and shall be submitted to the next regular or special meeting of
the membership (or, if affecting only one Chapter, submitted to a meeting
of that Chapter) for discussion. Prior notice of at least ten (10)
business days shall be given of such an order of business. Thereafter, it
shall be distributed to the membership (or, if affecting only one Chapter,
to the membership of the appropriate Chapter) for ratification by majority
vote. The vote shall be conducted in the same manner prescribed in Article
VII, Section 2, of the Constitution. The By-Law amendment will become
effective as of the date approved by the International President.
B. WORKING RULES
The Working Rules contained in
the Minimum Basic Agreement between the Union and the League of American
Theatres and Producers will apply to all members except where a separate
agreement is in effect.
C. WHO MAY BE EMPLOYED
1. Only Union members in good
standing may be employed in the fields of entertainment industry organized
by the Union.
2. A Union member cannot work
on the same attraction or in the same house with a Press Agent or Manager
who is not a member of the Union.
3. Members must report
immediately to the Union the employment by the producer or theatre owner
of a non-union person for any services within the jurisdiction of the
Union.
4. Any member of the Union in
good standing whose status changes from employee to employer may, with the
consent of the Board of Governors, be permitted to function in any one
position under Union jurisdiction during such period.
D. CONTRACTS
1. No member of the Union can
begin work within the jurisdiction of the Union without first executing a
Standard Individual Contract of Employment and filing it with the Union.
2. The full conditions of
employment, including salary, wages, etc., must be specifically stated in
the contract.
3. It shall be mandatory for
all members securing positions, regardless of the duration, to report same
to the Secretary-Treasurer; and any member failing to report within
forty-eight (48) hours shall be subject to charges.
4. All contracts must be dated
and all work must begin on Monday, as the start of the workweek, unless
otherwise authorized by written agreement with the Union.
5. No verbal agreement can be
accepted as a contract.
6. Members may not waive any
of the conditions of a minimum basic agreement, or the Standard Individual
Contract of Employment, or any of the By-Laws of the Union. Members in
doubt as to their rights or any rule must consult the Union before taking
any action which might result in a violation of contract or Union rules;
and no such dispute may be entrusted to personal attorneys except with the
written consent of the Board of Governors.
7. Before employment commences
employers shall be required to post a bond with the Union which shall
cover at least two (2) weeks' salary, vacation, pension, annuity, welfare,
per diem, expenses and administration fee.
E. SERVICE IN FACT
1. Any member who occupies a
position of service within a classification under the jurisdiction of the
Union must, in fact, perform such duties personally, and not in any way by
substitution.
2. Absence from duty must be
reported to the Union office immediately.
3. After an absence of three
(3) days, a substitute must be employed.
F. DOUBLING PROHIBITED
No member of ATPAM shall be
permitted to double in any theatrical union positions in the theatre or
for the attraction to which the member is contracted, regardless of
whether the position of the other employee falls under the jurisdiction of
ATPAM, nor at any one time discharge the duties of more than one position
within the classification of services under the jurisdiction of the Union,
except for the multiple employment of Press Agents as provided for in the
Constitution.
G. PAYMENT OF SALARIES AND
EXPENSES
1. All salaries shall be paid
not later than Thursday of the week in which the services are being
rendered.
2. All expense statements of
moneys expended on the employer's behalf shall be paid no later than
Thursday, provided such statements are rendered to the employer
sufficiently in advance for such payment to be made.
3. Failure to receive salaries
and expenses as required must be reported immediately to the Union office.
4. A Manager must immediately
report to the Union office inability to pay any amounts required by ATPAM
contracts.
H. PRESS AGENTS
1. PART-TIME EMPLOYMENT
An employer may engage a Press
Agent prior to the required commencement of employment on a part-time
basis, as follows:
For the four (4) weeks
immediately prior to regular employment, at half-salary;
For the four (4) weeks prior
to that, at quarter salary.
Employee must have an executed
contract ("if-as-and-when" or standard individual) on file with the Union
before beginning work, and must be paid not less than two weeks'
contractual salary, unless production is abandoned.
2. SENIOR AND ASSOCIATE PRESS
AGENTS
a. Associate Press Agents
selected by the Senior Press Agent are to be engaged by the producer or
producers. The Associate must be on the producer's (or producers')
payroll(s) for an appropriate salary with the relative deduction of dues
and payment of pension. Although the Associate's salary may be divided
between or among the Senior's shows, the welfare payment from one
production must be credited to the Associate.
b. At the discretion of the
Senior Press Agent, the Associate need not work in the same location as
the Senior. Union must be notified and approval given in each situation.
c. Following the ratification
of a new minimum basic agreement, Associate salaries shall be established
by majority vote of the Press Agent Chapter.
d. When a producer is willing
to pay a member during illness, no substitute is required for a period of
two weeks.
e. Whenever an Associate Press
Agent goes on the road on a pre-Broadway engagement, the Associate becomes
a Senior Press Agent and in addition to salary must receive per diem for
the days on which so employed.
f. Billing in the Playbill is
to follow the form:
Press Representatives
(name of Senior Press Agent)
(name of Associate Press Agent)
In the case of a General Press
Representative for a producing firm, the form shall be:
General Press Representative
(name of Senior Press Agent)
Press Representative(s)
(name of Associate Press Agents(s))
In cases where more than one
Associate is employed the Senior may designate one of the Associates with
one or more attractions, another with another, etc.
g. No Press Agent shall take
credit for authorship of another Press Agent's work.
I. APPRENTICE RULES - GENERAL
1. The number of apprentices
eligible to be registered each season for credit shall be limited to five
(5) in each chapter, or such numbers as a chapter may specify in the
future. This provision does not limit the discretionary powers of the
Board of Governors to increase or decrease the number of new apprentices
registered.
2. The following rules shall
apply except in those instances in which separate agreements governing
applicable programs have been effected with an employer group.
3. A person to be eligible to
register as an apprentice must:
a. be of good character.
b. be a citizen of the United
States or of Canada.
c. provide proof of employment
in the form of a contract.
The applicant shall be on
probation for sixty (60) days.
4. The Apprentice Committee
shall:
a. receive all applications
for Apprentices.
b. appoint the examining
committee and communicate findings and recommendations to the Board of
Governors.
c. set up and maintain a
relationship with accepted apprentices, including seminars, which will
enhance their training.
d. following the completion of
the required apprenticeship period, give a comprehensive test and
recommend those who pass the test to the Board of Governors for
membership.
5. There shall be an examining
committee from each Chapter to determine the qualifications of the
applicants and to certify those applicants they deem fit to commence their
probationary apprenticeship period. No credit will be given to any
apprentice who has not been certified by the examining committee of the
specified Chapter.
6. After completing such
apprenticeship and passing such test, the applicant shall become a member
of the Chapter in which apprenticeship was served and shall be restricted
to employment in that Chapter for three (3) years.
7. Minimum salaries and
working conditions, in conformity with the provisions of this section for
apprentices, shall be established by each Chapter with the approval of the
Board of Governors.
8. The amount of registration
fee and the amount of dues and assessments, if any, to be paid by
apprentices shall be as listed herein.
9. Credit as an apprentice
will be given only for work done while working under a Union contract.
10. Only a
member working under an ATPAM contract, and who has been a member of ATPAM
for at least one year, may sponsor or supervise an Apprentice. The Board
of Governors may establish exceptions to this rule.
11. A member may not sponsor
nor give credit to more than one Apprentice each year.
12. An Apprentice registered
in New York, working toward eventual full membership, may receive credit
for summer theatre work for the number of weeks employed in such theatre,
not to exceed three (3) weeks over the number of weeks the theatre is open
in one year.
13. Apprentices shall work
under the direct supervision of the Union member to whom the apprentice is
contracted or assigned. A report of credits shall be made by the
Apprentice and the sponsoring member annually, together with proof of
payment of salaries. Withholding Tax and Social Security receipts may be
required as part of proof.
14. Apprentices shall be
subject to the same disciplinary procedures which govern member of the
Union.
15. The period of
Apprenticeship shall be as defined by the respective Chapters except where
signed agreements permit otherwise. A year shall be from Labor Day each
year.
16. The period of
Apprenticeship must be completed within five (5) consecutive years;
exceptions to this rule may be approved by the Board of Governors.
17. Apprentices must apply for
membership within one (1) year following the season in which they become
eligible or lose all credit.
18. Every effort should be
made to place unemployed members in jobs, prior to placement of
Apprentices.
19. Credit shall be given only
for full time employment in fact, and under no circumstances shall an
Apprentice be employed to do accounting, bookkeeping or clerical work
towards apprenticeship credit.
20. Any Registered Apprentice
employed on tour must be paid the prevailing out-of-town per diem.
J. APPRENTICE RULES – MANAGERS
1. In the absence of an
agreement with an employer group, the following rules shall apply:
The period of Apprenticeship
shall be at least two (2) years of not more than forty-two (42) weeks in
one year nor less than ten (10) weeks in the other year.
2. Manager Apprentices must be
employed by the producer and/or theatre operator and shall be placed on
their payroll with total responsibility for salary payment - including
vacation pay and welfare - on the employer, and such salary shall not be
deducted in any way from the salary of the Company or House Manager.
K. APPRENTICE RULES - PRESS
AGENTS
1. Apprentices are to be
full-time paid assistants working under a Senior Press Agent. There shall
be only one Apprentice per Senior Press Agent receiving credit at any
time.
2. Employment of Apprentices
is voluntary.
3. Apprentices must perform
duty in fact while working under contract as an Apprentice.
4. Apprentices may work with
different Senior Press Agents during their Apprenticeship.
5. Only one Apprentice may
receive credit on a single attraction in one season.
6. Senior Press Agents may
give credit only while on an ATPAM contract.
7. Working conditions and
minimum salaries for Apprentices shall be established by the Chapter,
subject to approval of the Board of Governors.
L. PENALTIES FOR VIOLATIONS
1. Charges
a. Working without a contract:
Penalty of at least salary for duration of the violation.
b. Doubling: Penalty of at
least two (2) weeks' salary for every week or portion of a week.
c. Contract of Convenience
(anyone signing a contact to accommodate, to cover or to assist anyone in
avoiding full Union conditions, or who does not intend to provide personal
service in connection with a signed contract): Penalty shall not be less
than contract salary for the duration of the violation.
d. Kickbacks (anyone who is a
party to a kickback of salary and/or Union benefits): Penalty shall be not
less than one thousand dollars ($1,000).
e. The Board of Governors
shall, in its sole discretion, determine penalties for the following
violations:
i. Failure to report
unpaid salaries or expenses as provided in the Minimum Basic Agreement
(if no report is made to Union within one month of same becoming due,
Union responsibility to collect shall cease.)
ii. Failure of Manager to
inform Union in event Press Agent cannot be paid within forty-eight
(48) hours of time salary or expenses are due.
iii. Member using
non-Union person for a position in Union jurisdiction.
iv. Any member using an
Apprentice in violation of working rules.
v. Failure to report to
Union giving, or getting, termination of employment notice.
vi. Failure to include
correct salary and other conditions in the individual contract of
employment.
vii. Working on personal
publicity account without contacting the Press Agent who is under
contract on the show involved.
viii. Wrongfully reporting
credits earned by Apprentice to avoid full requirements.
ix. Press Agent servicing
"publicity kits" to touring shows or attractions which do not have an
ATPAM Press Agent under contract, or under agreement approved by
Union.
x. Failure to inform Union
of absence from duty for over twenty-four (24) hours or to replace
oneself within three days.
f. Other violations(s) of
the Constitution or of the By-Laws the penalty shall be imposed by the
Board of Governors.
2. Hearings
The Board of Governors will
summon the member or members, hear the facts, and impose penalties based
on its findings. The charged member(s) must be informed of the charges and
shall have the right to be present, to question the person or persons who
have signed the charges and their witnesses, to present witnesses and any
other evidence, and, if the charged party so desires, to be joined by
another member in good standing who may serve as an advisor in the
proceedings. Failure on the part of a member to answer the summons,
without a valid excuse, will be deemed by the Board as default and penalty
may be imposed based upon the evidence at hand. The accused shall have the
right to appeal any decision of the Board of Governors to the membership.
For SECOND OFFENSE of any nature, at least double the penalty for first
offense. For THIRD OFFENSE of any nature the matter must be submitted
directly to a Trial Board.
M. MULTIPLE EMPLOYMENT OF
PRESS AGENTS
1. On one (1) attraction - one
(1) Press Agent, to be known as the Senior Press Agent.
2. When a Press Agent is
contracted for two (2) or more shows in the same city (excepting touring
shows) the following Press Agent staffing schedule shall apply:
a. On two (2) or three (3)
attractions: one (1) Senior and one (1) Associate Press Agent.
b. On four (4) or five (5)
attractions: one (1) Senior and two (2) Associate Press Agents.
c. On six (6) attractions: one
(1) Senior and three (3) Associate Press Agents.
3. The same schedule as 2.
above shall apply to Senior Press Agent representing a multiple of touring
attractions only.
4. When a Senior Press Agent
represents a multiple of attractions including one or more touring shows
in addition to one or more non-touring shows the following Press Agent
staffing schedule shall apply:
a. The same schedule as 2.
above shall apply to the non-touring shows in the same city. For each
touring show included in the multiplicity an Associate Press Agent must be
employed.
5. If a touring show plays in
any city for more than four (4) weeks, for purposes of multiplicity it is
no longer considered a touring attraction.
6. Try-out attractions, after
six (6) weeks of performance on the road, are considered touring
attractions.
7. For all MBA contracts the
salary split between Seniors and Associates is as follows:
1st show Senior 100%
2nd show Senior 25% Associate 75%
3rd show Senior 85% Associate 15%
4th show Senior 25% Associate 75%
5th show Senior 85% Associate 15%
For all Off-Broadway contracts
the salary split between Seniors and Associates as follows:
1st show Senior 100%
2nd show Senior 25% Associate 75%
3rd show Senior 75% Associate 25%
N. FEES AND DUES
Admission fees and dues shall
be as follows:
Overall Membership $2000.00
(Note 1.Below)
Apprentice Registration $250.00
(Note 2. Below)
IATSE Initiation Fee Per IATSE
Constitution
(Currently $100.00)
Quarterly Dues IATSE per
capita plus
$5.00
Permanently Retired at age 65
Per IATSE Constitution (Currently $4.50)
Permanently Retired at age 75
(IA Gold Card) Per IATSE
Constitution (Currently $00.00)
200% of all costs related to
collection of delinquent membership dues, initiation fees and fines
including, but not limited to, delinquency letter certified mail postal
charges and bank charges for returned checks.
Working Dues MBA and MBA
referenced contracts 3.25% of gross weekly compensation. All other
contracts 3.0% of gross weekly compensation (Note 3.Below)
Note 1. Apprentices shall
receive a credit of $100.00 for each seminar they attend (or listen to
audio tapes of when on the road), up to a maximum of 10, which is to be
applied against this fee.
Note 2. This is to be applied
to any balance due for the Overall Membership fee at the time the
apprentice is admitted to membership.
Note 3. The percent of working
dues shall be levied against the total weekly compensation paid to the
member, excluding minimum per diem.
O. DEATH BENEFITS
A member in good standing who dies is
eligible for a death benefit in an amount approved by the Membership as
set forth in the insurance policy contracted by the Union for such
purpose. The death benefit (a sum of not less than $4000) will be paid to
the member's designated beneficiary upon written request for payment
accompanied by a certified copy of the death certificate.
The member is entitled to name anyone
as his or her designated beneficiary by filing a beneficiary card
available from the Union office and may change the designation at any time
by filing an amended beneficiary card with the Union. In the event a
properly executed beneficiary card is not filed with the Union, or, if the
designated beneficiary has pre-deceased the member, the death benefit will
be paid to the member's estate, or as otherwise provided by law. The Union
shall be required to make a good faith attempt to contact any beneficiary
or the estate by certified mail, return receipt requested, at the time the
Union becomes aware of the member’s death.
A member who is not in good standing
at the time of death because of failure to pay dues may still be eligible
for a death benefit upon good cause shown. Such determination shall be
made by the Board of Governors in its sole discretion and its decision
shall be final and binding. Any unpaid dues and penalties, as determined
by the Board, will be deducted from any death benefit awarded.
P. COMMITTEE ON POLITICAL
EDUCATION
There is hereby established
the Union Committee on Political Education (sometimes hereinafter referred
to as “Committee”) consisting of the members in good standing of the Union
for the sole purpose of making lawful political contributions to federal,
state, county and local political candidates or in opposition thereto and
in support of or opposition to ballot issues and referendums which, in the
Committee’s discretion, shall be in the Union’s best interests. The
Committee shall also be known as “ATPAM C.O.P.E..” The Committee
shall operate through and be administered by its Board of Governors in
accordance with the Committee’s By-Laws.
The Committee, by appropriate resolution, shall establish and maintain a
political fund, which shall be wholly separate and segregated from the
accounts of the local Union, for the sole purpose of making expenditures
for the political exempt functions of the Committee as defined by law, and
which shall be in the name of the Committee and known as the ATPAM
Committee on Political Education State Fund (“ATPAM C.O.P.E. State Fund”).
The Committee shall also establish the ATPAM Committee on Political
Education Federal Fund (“ATPAM C.O.P.E. Federal Fund”) which Federal Fund
shall be established in accordance with applicable federal law and
regulations.
The ATPAM C.O.P.E. State Fund shall be funded from membership working dues
money received by the Union on the basis of one dollar ($1.00) per week,
per member, payable to the Committee promptly upon receipt of same by the
Union, which funds shall not be used in connection with federal election
activity. The Union, from time to time, by majority vote of its
Board of Governors, may suspend or reduce the rate of the aforesaid
monthly funding payments to the Committee for a period of time not to
exceed twelve (12) months.
Upon transfer of monies by the Union to the ATPAM C.O.P.E. State Fund, the
monies shall be under the exclusive direction and control of the Committee
and the Union shall have no direct interest in, right, or obligation
concerning the monies. In no event shall monies transferred to the
Committee be returned to or used by the Union and the Committee shall use
the monies only for the purposes set out in this Article XVIII, Section P.
The Committee, however, is not prohibited from reimbursing the Union for
the actual cost of goods and services provided to the Committee by the
Union.
The ATPAM C.O.P.E. Federal Fund shall be funded by voluntary
contributions. These funds shall be kept in a separate fund and may be
contributed to or used in connection with candidates for federal office
and/or state and local office, if such contributions are not prohibited by
law. The Secretary Treasurer of the Union shall have, with the approval of
the Board of Governors, the authority to make expenditures from the
separate segregated fund established hereunder.
The Secretary Treasurer of the Union, with the approval of the Board of
Governors, shall have the authority to make expenditures from the Union’s
general treasury for other political lobbying and/or legislative purposes. |
