1977-02 February IBEW Journal.pdf - International Brotherhood of ...

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executive council meeting MINUTES AND REPORT OF THE INTERNATIONAL EXECUTIVE COUNCIL REGULAR MEETING BEGINNING DECEMBER 6, 1976 • This regular meeting of the International Executive Council was called to order at 9:00 a. m., Monday, December 6, 1976, by Chairman Taylor. Other members present were Missey, Pursley. McCann, Fulton, Halloran, Mulloney, George, and Bexley. TRANSFER OF FUNDS In accordance with the provisions of Article XIV, Seclion II of the Constitution, a sum of $73,589.40 was transferred from the Mili tary Service Fund to the IBEW Pension Fund covering the months of August. September, and October, 1976. In accordance with the provisions of Article Xl, Section 3 of the Constitution, the sum of $ 138,951.63 was transferred from the Defense Fund to the General Fund covering the months of August, September, and October, 1976. FINANCIAL REPORTS AND INVESTM.ENTS The report of fund investment by the International President and International Secretary since the last IEC meeting was presented 10 the Council, examined, and approved. The auditor's reports covering the various funds ?f Ihe Brotherhood were presented to Ihe Council, exammed, and approved. LEGAL DEFENSE Payments for legal defense made from the Defense Fund were examined and approved in accordance with the requirements of Arlicle X I, Section 2 of the Constitu. tion. EXECUTIVE OFFICERS P resident Pillard met with the lEe a number of limes to discuss several matters affecti ng all branches of the Brotherhood. Secretary Leigon presented all necessary financial reports, audi ts, an investment porlfolio, and other data or information req uired by the l Ee. Treasurer Van Arsda le attended all meetings. 1Issisting the Council on several ma1ters. APPLICATIONS FOR JOINT AND SURVIVOR OJ'TION BENEFITS In accordance with provisions of the IB EW Constitution, AMide III , Section II (6), the lEe approved four applications for Joint and Survivor Option Reduced Benefits. AI)I'UCATIONS FOR PRE-RETIREMENT WIJ)OW'S B ENE I ~ I TS In accordance with provisions of the IBEW Constitution. Article III , Section II (6). the IEC approved two applications for Pre-Reti rement Widow's Benefits. RETIREMENT OF lNTERNATIONAL REI'RESENTATIVE'S Approval was gramed by the lEC to the following imer· national Repre3entatives requesting retirement: Arnold Duhrkopp effective 1213 1176 Edward J. Fnlnce effective I I 1177 Henry M. Conover effective 41 1177 6 RETIREMENT OF OFFICE EMPLOYEE'S The following emplo~' ees of the !BEW applied for reti rement, T he IEC approved their requests to be effective as shown: Miss Margaret L. Cleary (Disability Pension) Mrs. Ceslava Garrants Bennie Cureton REFUND l\'IAOE -effective --effective -effective 121 1176 12131176 I I 1177 The fol1owing refund was authorized by the IEC in accordance with the provisions of Article III , Section II, subparagraph 4 of the IB EW Constitution. John C. Hunter - $5,373.95 (Terminated employment 1111176) CHARGES FILED WITH THE INTERNATIONAL EXECUTIVE COUNCIL AGAINST WILLIAM W. CULLINS On October 14, 1976, charges were filed with the International Executive Council by Brother C. W. Waldrop, business manager, Local 436, EI Dorado, Arkansas, alleging that Brother William W. Cullins, Card No. 736300, retired member of Local 194, Shreveport, Louisiana, violated Local 436 Agreement Article III, Sections I and 4; Article VI, Section 20 Local 436 Bylaws Article XIV, Sections 10, II , and 17 !B EW Constitution Article XII , Section 4(d) Article Xli, Section 4(d) states as follows: "(d) Prohibition of Work. It is a condition for admis· sion to pension benefits, including vested pension right and the continuation thereof, that Ihe member shall not perform any work of any kind coming under the !BEW's jurisdiction either for compensation or gratis for anyone. He shall be permitted to attend L.V. meetings wi thout voice or vote. He shaJ1 observe his obl igation of membership and show due obedience to IB EW laws and the bylaws of its L.Us." As a result of the above-mentioncd charges. the lEe caused an investigation to be conducted inlo this matter in accordance with the authority granted it by Article XII, Section 6 of thc m EW Constitution which states as follows: "Scc. 6. Any member violating any of the provisions of this article, or any member aiding or abetti ng a member to do so, after investigation by the IEC and being found guilty may be permanently barred from ever participating in these benefits, and may be suspended, expelled, or assessed as the lEe may decide." A formal hearing was held on November 23, 1976, at the Carpenter's Hail, EI Dorado, Arkansas. Due notice of the hearing was given. Brother Waldrop was present. Brother Cultins refused in writing to attend, but did submit a notarized statement replying to the charges. tSEW Journ",t , , , I
MINUTES AND REPORT OF THE INTERNATIONAL EXECUTIVE COUNCIL REGULAR MEETING BEGINNING DECEMBER 6, 1976 The record before the lEe shows thot on October 14, 1976, Business l\.'lnnnger Waldrop observed Brother Cullins performing electrical work (i nstalling conduit) on a miniwarehouse complc.'( in EI Dorado, Arkansas, Cull ins admilled to the business manager that he was pcrfonn ing electrical work for the owner of the buildi ngs on a parttime basis and had been performing similar electrical work for the same employer fo r the past th ree years on a parttime basis. Drothers Harbou r and Offut, members of Locnl 436, had stated to Brothe r Waldrop that they had observed Ilrother Cullins working at the complex prior to October • 14, 1976, Brother Cu ll ins in his notarized statement denies that he is a contractor. but did ndmit that he is a parHime electrician for a Portable B uilding~ fi rm. While Cullins stales that economic hnnhhip forces him to continue working, the lee has consistently and unifo rmly applied the rule Ihal a member actively associated with Ihe electricnl trade. no mailer in what capacity, is not eligible for IBEW pension benefits, The IEC finds Brother Willi:ml W. Cullins, Card No. 736300, guilty as charged of violating the provisions of Article XII , Section 4(d) of the ID EW Constitution. Brother Cullins, effective December I , 1976, is hereby suspended from receiving any IBEW Pension Benefit Fund bencfits. Further, the IBEW membership of Brother Cullins is herl!by transferred from the m EW Pension Bencfit rolls to m EW Local 194, Shreveport, Louisiana, and Brother C ullins is ordered to pay such dues and assessments to s.1id local union as arc required by the local union bylaws and the IBEW. Further, it is ordered that Brot her Cullins be required to process his applic'llion for mew Pension Benefit Fund benefits in the usua l and prescribed manner, The charges against Brother Cullins alleging that various articles and sections of Local 436'05 agreement and bylaws were violated are improperly before the International Executive Council. CH ARGES FILE!) WITI·I T ilE I NTI ~ R NAT I ONAL EXECUTIVE COUNCIL AGAINST H ERBERT E. SOMMERS Brother Herbert Sommers, a member of IREW Locol 73, Spokane, Washington. has been on mEW pension si nce October r, 197.5. On November 3. 1976. a charge was filed with the International E:IOecutive Council by Brother Eugene Kendo ll, Card No. X46849, business represcntative for Local 73, alleging that Brother Sommers was in violation of Article X II , Section 4(d) of the mEW Constitution. Article XII , Section 4(d) states as follows: "(d) Prohibition of Work. 11 is II condition for admis· sion to pension benefits, including vested pension right and the continuation thereof. that the member shall not perform any work of any kind coming under the IB EW's jurisdiction either for compensation or gratis for anyonc. He shall be permitted \0 a!ll!nd L.U. meetings without voice or vote. He shall observe his obligation o f membership and shall show due obedience \0 IOEW laws and the bylaws of its L.Us." A~ a result of the above-mentioned charge, the l Ee eauscd an invcstiglllion to be conducted into this matter in accordance wit h the authOrity granted it by Article XII , Section 6 of the IB EW Constitution which states as follows: "Sec. 6. Any member violating any of the provisions of this article, or any member aidi ng or abe!l ing a member to do so, 3fter investigation by the IEC and being found guilty, may be permanently barred from ever participating in these benefits, and may be suspended, expelled, or assessed as the IEC may decide." A formal hearing was held on November 30, 1976, at LOCa l 73'~ onices. Due notice o f the tinle Bnd pl ace of t1le heuring was given, Brother Sommers was present at the hearing and had am ple opportunity to present his defense. The record before the IEC shows thai on October 28, 1976. Brother Kendall met Brother Sommers at a new apartment hOuse project in Coeur d' Alene, Idaho. Brothcr Sommers admitted Ihat he wns performing the electrical work on the project and that he had obtained an Idaho Electrical Contractor's license in July. 1976, Sommers stated thut he had completed eleclrical work on several hou~s since July. 1976. While Sommers states thllt economic hardship forces him to continue working, the IEC has consistent ly and un i formly applied thc rule that a member actively associated with the electrical trade, no matter in what capacity, is not eligible ror IBE.W pension benefits. The lEe finds Brother Sommers, Cnrd No. 303.55, mEW Local 73, guilty liS charged of violating the provisions of Article XII , Section 4(d) of the IIlEW Constitution. Brother Sommers. effective December I, 1976, is hereby suspended from receiving any IBEW Pension Benefit Fund benefits. Further, the IBEW membership of Brolher Sommers is hereby transrerred from the IUEW Pension Denefit rolls to mEW Local 73. Spokane, Washington, and Brother Sommers is ordered, beginning with the month of December, 1976, to pay such dues and assc\sments to said local union as are required by the local union bylaws and the IBEW ConsTitutio n ror active members to maintain continuous good standing, and Further, it is ordered that Brother Sommers be required 10 proce ~s his application for IBEW Pension Benefit Fund benefits in the usual and prescribed manner. A I ' I ' I ~ A L O F U:SU E McDONALD The appeal here arises rrom a decision or Local 213'$ Trial Board find ing Brother McDonald guilty as charged of violating Article XXVII, Section I, subsections 3, 16, and 20 of the lBEW Constitution and Article 11 , Section I of the Collective Bargaining Agreement. The Trial Board suspended Brother McDonald from allending meetings or ,
Page 1: • JOURNAL' FEB' 77 l ew •
Page 4 and 5: • editorial cOlnlnent • The key
Page 6 and 7: , • experience follo ..... ing th
Page 10 and 11: • MINUTES AND REPORT OF THE INTER
Page 12 and 13: • executive council continued CUD
Page 14 and 15: executive council continued 1 MEMSU
Page 16 and 17: Safety Tips continued from page 13
Page 18 and 19: cO/mlWI'(/ from WIg/' 15 Anothcr al
Page 20 and 21: 'Mith the ladies Resolution No. 999
Page 22 and 23: local lilies New Two-Year Contract
Page 24 and 25: Pavilion ~r.id. al the IWO or tbree
Page 26 and 27: anywhere from apalhy to religious c
Page 28 and 29: Leach at Ihe union meeting in Decem
Page 30 and 31: Team HI' I 'S Ihl l OCII l OS hochy
Page 32 and 33: the blind how to bowl, provided trn
Page 34 and 35: Dinner-Dance Loc.' t66 membe" .nd w
Page 36 and 37: Enjoying 'he Dinner years of shi pb
Page 38 and 39: depaltlnellt of Resealch alld Ed'ic
Page 40 and 41: I I l Research and Education contin
Page 42 and 43: ears later included linemen from th
Page 44 and 45: At Swivelier Company Cigar I . Jl I
Page 46 and 47: alon!; with him. that it wasn', wor
Page 48 and 49: Dam Construction Party and Dancing
Page 50 and 51: lood in the name of l ocal 331. You
Page 52 and 53: Pin Recipients A .roup of membe •
Page 54 and 55: 8. Do nothing more than is absolute
Page 56 and 57: Third-Time Lile-Saver didn', feel c
Page 58 and 59:
all local members and their familie
Page 60 and 61:
they were working. Parties were hel
Page 62 and 63:
Saultz, C. Dean, E. Dunn. and VanDe
Page 64 and 65:
50 Years Brothe r 0 110 F. Schreibe
Page 66 and 67:
all would prosper s:we those: who h
Page 68 and 69:
With the5e new contracts comes the
Page 70 and 71:
Preparations Being Made For Barg ai
Page 72 and 73:
country now; therc is no plDce so f
Page 74 and 75:
I •• , .. _. Amount 'flll.1Ull
Page 76:
Use The Best Ground Available A Rul
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