Constitution and By-Laws
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 AND 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 and 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.
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.
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 and pursuant to Article Nineteen, Section 25 of the International Constitution; 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:
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 and 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.
Section 6. Apprentices
The rules and regulations of the apprenticeship program for each Chapter shall be established by such Chapter and shall be consistent with Article Nineteen, Section 25 of the International Constitution, and 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 who has paid dues, all applicable fees, and assessments, through the most recently completed calendar quarter shall be considered to be in good standing. A member in good standing shall be entitled to all of the rights, benefits and privileges pertaining to such membership.
(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.
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.
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 equal to the highest base minimum wage provided in either the Memorandum of Agreement (MOA) or the Minimum Basic Agreement (MBA) between IATSE, ATPAM and the Broadway League. Said officer shall receive all minimum benefits provided in the MOA/MBA (including holiday pay); however, said officer shall not receive any overtime or seventh day premium pay. Said officer’s salary and benefits shall be adjusted consistent with any adjustments in the MOA/MBA.
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
(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) By virtue of office, 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) By virtue of office, represent the Union as a delegate to the International convention.
(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 and all payments otherwise made by the Union, including, without limitation, those made via direct deposit into a bank account, shall be approved, in writing, by both (A) the Secretary-Treasurer and (B) either the President or Vice President. If the Secretary-Treasurer is unavailable for more than seventy-two (72) hours, checks and vouchers may be signed by, and all payments otherwise made by the Union, including, without limitation, those made via direct deposit into a bank account, may be approved in writing 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) By virtue of office, represent the Union as a delegate to the International convention.
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.
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 two years, beginning with the elections in 2011.
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 election 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.
ELECTION OF OFFICERS AND BOARD OF GOVERNORS
Section 1. Nominations
A. There shall be a nominating meeting to be held between April 15 and May 15 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 hand delivery, facsimile, e-mail, regular mail, certified mail or courier service to the Secretary-Treasurer. If by hand delivery, facsimile, e-mail, mail, or courier service, it must be received and date-stamped by the Union no sooner than seven (7) calendar days before and no later than 10 a.m. on the day of 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, including by phone.
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 September 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.
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 during the periods of January 15 to February 15, April 15 to May 15, and October 15 to November 15. The Union shall mail notices to all members at least fourteen (14) calendar 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.
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 seven (7) calendar days following the meeting and which shall be returned to the Union within thirty (30) calendar 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.
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 and the International Constitution provide 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 and therein are exhausted. The International Constitution addresses election appeals.
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.
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.
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.
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.
No officer or member shall contract any indebtedness in the name of the Union without authorization by the Board of Governors.
All funds of the Union shall be invested pursuant to investment guidelines developed by a United States Securities and Exchange Commission registered investment advisor to the Board of Governors. Such guidelines shall require approval by at least two-thirds of the members of the Board of Governors.
A. Such investment guidelines shall be reviewed annually by the Finance Committee of the Union, which shall submit its recommendation to maintain or modify the guidelines to the Board of Governors.
B. No more than one-third of the funds of the Union may, in any event, be invested in equity assets.
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.
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.
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.
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.
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, all of whom are Delegates to the Convention by virtue of their office, 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/May 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.
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.
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 fourteen (14) calendar 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 an attraction or in a theatre under Union jurisdiction unless the full complement of Union positions is filled as required by the applicable contract.
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 who functions in a position not under Union jurisdiction (i.e., Producer or General Manager) may not also be permitted to function in a position under Union jurisdiction during the same period without the consent of the Board of Governors.
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 Business Agent; 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 in the manner prescribed in the collective bargaining agreement.
2. All reimbursements for moneys expended on the employer’s behalf shall be received 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 in writing to the Business Agent.
4. A Manager must immediately report to the Union office inability to pay any amounts required by ATPAM contracts.
H. PRESS AGENTS
1. ADDITIONAL EMPLOYMENT
An employer may engage a Press Agent prior to the required commencement of employment, 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 payroll of a producer or a press agency that is signatory to the applicable contract 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:
(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)
(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. In no event may the number of apprentices registered exceed that permitted by Article Nineteen, Section 25 of the International Constitution.
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. 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 and Penalties for Violations After Trial
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.
The Board of Governors will summon the member or members, hear the facts, determine guilt or innocence, 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 for MBA and MBA referenced contracts and MOA and MOA referenced contracts are 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 officers and chapter chairs 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.
With revisions of the Constitutional Committee approved and unanimously adopted at the general meeting of June 24, 1929 and amended on the following dates:
March 4, 1930
August 3, 1937
November 14, 1938
June 12, 1939
June 10, 1940
February 13, 1941
June 9, 1941
August 20, 1943
December 2, 1943
June 9, 1944
December 14, 1944
February 15, 1945
June 10, 1956
April 17, 1951
October 15, 1953
January 12, 1954
February 7, 1955
January 16, 1956
November 20, 1973
April 19, 1988
March 21, 1989
October 8, 1992
December 7, 1993
April 5, 1994
April 7, 1998
October 9, 1999
June 2, 2000
May 31, 2002
March 13, 2003
January 15, 2004
March 12, 2004
June 21, 2010
November 29, 2011
July 30, 2014
June 26, 2019