ARTICLE XX.

General Rights, Privileges, Duties and Obligations of Officers, Agents, Representatives, Employees and Members 

Section 1.

Rights and Privileges

Subject only to the provisions of subsequent sections of this Article, every member of this organization shall have equal rights and privileges within our Local Union to nominate candidates, vote in elections or referendums of the organization, attend membership meetings, and to participate in the deliberations and voting upon the business conducted at such meetings.  With the same limitations, they shall likewise have the right to meet and assemble freely with other members, within and without membership meetings; to express any views, arguments, or opinions; and to express at meetings of the organization their views upon candidates in an election or upon any business properly before a meeting of the Local Union.

Section 2.

The rights provided for in Article XX, Section 1 above must be exercised in ways which do not conflict with (1) the provisions of these By-Laws, (2) the provisions of the Constitution of our International Union, (3) the responsibilities of the members to this organization as an institution, and (4) the duties of this organization to perform its legal or contractual obligations.

Section 3.

No member shall engage in dual unionism or advocate either dual unionism or disaffiliation at any time or place, and shall not slander or libel the Union, its members, officers, agents, employees or representatives, and shall not be a party to any activity which seeks to disestablish the Union as the collective bargaining representative of any employees.  Nor shall any member interfere with the performance of the duties of any officer, agent, representative, or employee of this organization.

Section 4.

Obligations

The officers, agents, shop stewards and other elected or appointed representatives of this organization shall be expected and required to honestly and faithfully perform the duties of their offices and to devote themselves to the good and welfare of the organization and our members.  They shall conduct themselves as persons who occupy positions of honor and trust.  Provided, however, their personal responsibilities in the performance of their duties shall be tested by the prudent-person rule, taking into consideration the special problems and functions of a labor organization, and whenever their activities meet the test of the prudent-person rule they shall in no way be held personally responsible for any action taken or omitted by them in good faith and with honest intentions.

Section 5.

Member Privileges

No member of this organization shall be fined, suspended, expelled or otherwise disciplined except for non-payment of dues unless such member has been (1) served with written specific charges; (2) given a reasonable time to prepare his/her defense; and (3) afforded a full and fair hearing, all as hereinafter provided for in Articles XXI and XXII.

Section 6.

Officers Duties

The officers and employees of this organization, for the organization as such and for themselves individually, shall complete and file all reports required by law and in connection with any report required shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the reports may be verified, explained, clarified, and checked for accuracy and completeness, including the preservation of vouchers, work sheets, receipts and applicable resolutions, for periods required by law.  As to reports required of this Union by the Labor-Management Reporting and Disclosure Act of 1959, they shall be made available to the members of this organization, and for just cause shown, members shall be permitted at reasonable times and places to examine any books, records, and accounts necessary to verify said reports.  Provided, however, members desiring to make such an examination must make a request in advance in writing and state the just cause they have for their requesting such examination for verification.

Section 7.

This labor organization shall not, directly or indirectly, pay the fine of any officer or employee who may be convicted of any willful violation of the Labor-Management Reporting and Disclosure Act of 1959.  No member shall be subject to fine, suspension, expulsion or other discipline because of the exercise of any right to which he/she is entitled under the terms and provisions of the Labor-Management Reporting and Disclosure Act of 1959.

Section 8.

Member Obligations

Every member of this organization shall be expected and required to recognize a responsibility to this organization as an institution and shall refrain from all activities which are inconsistent or in conflict with that responsibility.  In addition, every member shall refrain from conduct that would interfere with the duty of this organization to perform its legal or contractual obligations.

Section 9.

These By-Laws provide the exclusive means whereby each and every member shall pursue the remedies to which he/she is entitled hereunder and under applicable laws.  Therefore, no member shall resort to proceedings before any court, administrative agency, or governmental official until he/she has first exhausted the internal remedies provided for him/her in these By-Laws.  Provided, however, his/her duty to exhaust his/her internal remedies shall expire and cease to be binding upon him/her if a final decision has not been rendered in his/her case within four months after he/she has invoked them.  Provided, further, it shall be the duty and obligation of every member to pursue his/her internal remedies with promptness and dispatch so that a final decision may be rendered within four months.  The fourth-month limitation provided for herein shall be modified to three (3) months in the single case of the election procedures referred to in Article XV, Section 11.

Section 10.

The Local Union acknowledges that the Constitution of the International Brotherhood of Teamsters, AFL-CIO, supersedes any provisions of these By-Laws herewith or hereinafter adopted which may be inconsistent with such Constitution.  The Local Union hereby readopts, as its Constitution, such International Constitution, and incorporates herein by reference, as though fully set forth herein, all such provisions of such Constitution, as it may be interpreted, modified, or amended from time to time, which are applicable to Local Union matters and affairs, and shall perform all the duties imposed upon a Local Union by such Constitution. 

These By-Laws are subject to the Constitution and By-Laws of the International Brotherhood of Teamsters and when applicable, Regional and Joint Council By-Laws. 

Neither this Local Union, nor any of its officers, business representatives or employees, has the power to make any contract or agreement or to incur any liability which shall be binding upon the International Union unless the written consent of the governing body or executive officer thereof has first been obtained authorizing such action.  Neither this Local Union or any of its officers, representatives or employees has been authorized or empowered to act as an agent of the International Union or any of its affiliated bodies and shall not be deemed an agent for any such body unless expressly authorized in writing by the governing body of such body to act in that capacity.  No agreement or contract shall be binding upon this Local Union unless executed and delivered by its duly authorized officers, and a contract or agreement for personal services shall not be binding beyond the expiration of the term of the Executive Board at the time such contract or agreement is made.  This shall not prevent a Local Union Executive Board from entering into a bona fide collective bargaining agreement with another union covering Local Union employees.