Terminating a union

[fungo1988]

What is the name of your state? California

I belong to a very small, four person, independant labor union. No national affiliation. Last year, when our contract expired, our company made us all salaried personnel. We all agreed to this.

The problem is terminating our union. There's a small matter of $50K that needs to be addressed. $40K is being held by the state, because our president, the lone officer, neglected to tell the bank of our new mailing address. He has also negleted to file paperwork with the NLRB, hold elections and keep any sort of accounting of union assets for the last three years.

I got the NLRB involved to the extent of them requesting the back paper work and a termination accounting. That was last November, and the president has yet to do this.

I have called for a meeting, and can get only one other person to respond. The other member works for the president, and just like him, refuses to respond to any of my communications.

I obtained a copy of the last filed constitution, and it contains no language for asset dispersal at the end of the bargaining agreement. NLRB rep said to divide it up amoung the remaining members equally. But I can't do it without the presidents paperwork.

Questions:

Can I call for, and hold a union meeting without the officers being present?

How are assets of a union dispersed, with any guidelines from its constitution?

 

[John/nyc]

What is the name of your state? California

I belong to a very small, four person, independant labor union. No national affiliation. Last year, when our contract expired, our company made us all salaried personnel. We all agreed to this.

The problem is terminating our union. There's a small matter of $50K that needs to be addressed. $40K is being held by the state, because our president, the lone officer, neglected to tell the bank of our new mailing address. He has also negleted to file paperwork with the NLRB, hold elections and keep any sort of accounting of union assets for the last three years.

I got the NLRB involved to the extent of them requesting the back paper work and a termination accounting. That was last November, and the president has yet to do this.

I have called for a meeting, and can get only one other person to respond. The other member works for the president, and just like him, refuses to respond to any of my communications.

I obtained a copy of the last filed constitution, and it contains no language for asset dispersal at the end of the bargaining agreement. NLRB rep said to divide it up amoung the remaining members equally. But I can't do it without the presidents paperwork.

Questions:

Can I call for, and hold a union meeting without the officers being present?

How are assets of a union dispersed, with any guidelines from its constitution?

Fungo,

What does the constitution say about meetings? What does it say as to quorums?

What does the Ex-President say about the situation when you see him/her around the shop/office/building? Why does he not want to file the paperwork?

What industry are you in? Is it considered interstate commerce?


John

 

[fungo1988]

I'm newly appointed officer, so I've just now gone through our constitution. Nothing in it about asset dispersal. Meeting haven't been held in three years.

The president claims he didn't file any paper work for fear of doing it wrong. Lame, but true. I've sorted out all the back paper work for the DoL, and got that in the mail. I've filed for the monies that the state took over for lack activity in our bank account.

Aerospace Industry. Large firm, small union. No longer a bargaining unit, as we've all been made salaried.

I was able to hold a meeting of the four remaining members. We all agreed to split equally the assests of the union. My question is: is this legal? There is no national organization, no parent union. No debts, no liabilities. Just left over money in a strike fund.

 

[John/nyc]

I'm newly appointed officer, so I've just now gone through our constitution. Nothing in it about asset dispersal. Meeting haven't been held in three years.

The president claims he didn't file any paper work for fear of doing it wrong. Lame, but true. I've sorted out all the back paper work for the DoL, and got that in the mail. I've filed for the monies that the state took over for lack activity in our bank account.

Aerospace Industry. Large firm, small union. No longer a bargaining unit, as we've all been made salaried.

I was able to hold a meeting of the four remaining members. We all agreed to split equally the assests of the union. My question is: is this legal? There is no national organization, no parent union. No debts, no liabilities. Just left over money in a strike fund.

I'm not a lawyer so don't act on this advice without first consulting an attorney.

Yours seems mostly a problem of parliamentary procedure. Most constitutions have provisions for their own amendment. See what your constitution's amending provisions are. Follow those and amend your constitution to provide for dissolution of the union and dispersal of its funds.

Most unions are against dividing assets among members probably as a matter of self preservation. They usually have provisions against such a move. This MIGHT be a provision that just parrots the law, but, if so, I have been unable to find a statute that prohibits what you want to do.

There are statutory provisions against dispersal among members of the funds of charitable organizations, but I can't find any prohibition against unions doing so.

Go to a Labor Law attorney and pay him a consulting fee to be absolutely certain.

good luck,

John