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BY-LAWS
KNOXVILLE MUSICIANS' ASSOCIATION
LOCAL NUMBER 546
AMERICAN FEDERATION OF MUSICIANS

ORDER OF BUSINESS
1.Opening of Meeting
2.Examining of Members Present
3.Roll Call of Officers
4.Presentation of Candidates for Membership
5.Obligation of New Candidates
6.Reading of Minutes
7.Bills and Communications
8.Treasurer's Report
9.Report of Committees
10.Report of Delegates
11.Unfinished Business
12.New Business
13.Good of the Local
14.Adjournment


ARTICLE I
TITLE, OBJECT AND JURISDICTION

SECTION 1. This local shall be known as Knoxville Musicians' Association, Local 546, American Federation of Musicians.

SECTION 2. The objects and purposes of this Local Union shall be:

(A) To unite the professional musicians within its jurisdiction who are eligible for membership without regard to race, religion, creed, color, national origin, age, or sex.

(B) To organize the unorganized professional musicians in its jurisdiction and to provide services to such organized professional musicians.

(C) To secure improved wages, hours, working conditions, and other economic advantages for the professional musicians in membership through collective bargaining and to establist terms and conditions for equi-table and fair dealing among its members.

SECTION 3. The territorial jurisdiction
of this Local Union shall be East and Upper East Tennessee, portions of Virginia and North Carolina, and additions, deletions, or changes which may be hereafter mandated by the American Federation of Musicians. Counties in Tennessee: Pickett, Scott, Fentress, Grainger, Campbell, Union, Hamblen, Morgan, Anderson, Knox, Cocke, Jeffer- son, Sevier, Cumberland, Roane, Rhea, Loudon, Meigs, Blount, McMinn, Monroe, Claiborne, Hancock, Hawkins, Sullivan, Greene, Washington, Carter, Johnson, and Unicoi. In North Carolina: Chero-kee, Graham, Swain, Haywood, Madison, Ashe, Watauga, Avery, Mitchell, Yancey and Caldwell. In Virginia: Washington, Russell, Buchanan, Dickenson, Wise, Scott and Lee.

ARTICLE II
MEMBERSHIP

SECTION 1. All performers on musical instruments of any kind and vocalists, or other individuals who render musical services of any kind for pay, are classed as professional musicians and are eligi- ble for membership if they reside in the territorial jurisdiction of this Local, subject to the Laws and Jurisdiction of the AFM.

SECTION 2. Applicants for membership who are former members of this or any other AFM Local or are currently mem- bers of any other AFM Local are subject to appropriate provisions of the Bylaws of the AFM relating to affiliation as former, transfer, or traveling members.

SECTION 3. Applicants for membership are required to complete the AFM approved application form in the presence of the Secretary or his/her designee and deposit the required fees and dues of membership.

SECTION 4. An applicant shall become a member of this Local upon approval of his/her application by a majority vote of the Board of Directors.

SECTION 5. An applicant having been approved by the Board of Directors who is not currently a member of another Local shall give the required oath of ob- ligation to an appropriate official of this Local and shall attend an orienta- tion meeting as per the AFM approved application form.

ARTICLE III
OFFICERS

SECTION 1. PRESIDENT

(A) It shall be the duty of the Pres-ident to preside at all meetings of the membership and of the Board of Directors and to enforce due observance of the Bylaws. He shall convene all regular and special meet- ings of the membership and of the Board of Directors and decide all disputed points of order unless a two-thirds majority of the votes cast dissent therefrom.

(B) He shall appoint all committees and shall be an ex-officio member of all committees except the election committee.

(C) He shall vote only in case of a tie, except on matters which are before the membership and voted upon by secret ballot.

(D) If needed, he shall sign all checks, bills, and agreements or orders for payment of money.

(E) By virtue of his/her election to office by secret ballot, the President shall be the second delegate to conventions and conferences of the AFM.

SECTION 2.VICE PRESIDENT

(A) It shall be the duty of a Vic President to perform the duties o the President in his absence.

(B) In the event of the death, disability, resignation or removal from office of the President, the Vice President shall become President.

SECTION 3.SECRETARY

(A) It shall be the duty of the Secretary to keep a faithful record of proceedings of meetings of the membership and of the Board of Directors, answer all communications, keep a true account of the membership and issue notices for all meetings of the membership and of the Board of Directors.

(B) He shall sign all checks, bills and agreements, or orders for payment of money.

(C) He shall keep an accurate account of all receipts and expenditures of the Local and shall present a detailed statement of all receipts and expenditures monthly to the Treasurer.

(D) At the expiration of his term of office, he shall deliver to his successor all monies, books and records belonging to the Local.

(E) By virtue of his election to office by secret ballot, he shall be the first delegate to conventions and conferences of the AFM.

(F) He shall be under a yearly bond provided for by the National Office of the American Federation of Musicians.

(G) He shall be a member of all standing and special committees.

(H) He shall have the power to give temporary permission for scales not provided for in the Bylaws.

(I) He shall not be permitted to contract engagements.

SECTION 4.TREASURER

(A) He shall sign all checks.

(B) He shall receive the dues, fines, etc., paid by the members, from the Secretary. He shall keep a strict account of the receipts and expenditures and have his books and documents ready forinspection at all times.

(C) He shall be under a yearly bond as provided by the National Office of the American Federation of Musicians. (*It is recommended that two officers of the Local handle all expenditures of funds.)

(D) The Treasurer shall keep an accurate account of all receipts and expenditures of the Local and shall present a detailed statement of all receipts and expenditures to the Board of Directors at least quarterly.

(E) The Treasurer shall surrender all of the books of accounts to the Local Audit Committee and/or C.P.A. to be chosen by the Board of Directors for an annual audit.


SECTION 5.BOARD OF DIRECTORS

(A) The Board of Directors shall be composed of the President, Vice President, Secretary, Treasurer, and five members at large.

(B) The Board of Directors shall meet no less than eight times per year and on special call of the President. It shall have author- ity to set its exact date, hour and place of its meetings, except for those on special call of the President. A majority of members of the Board present shall constitute a quorum.

(C) The Board shall exercise general supervision of the interest and affairs of the Local and its properties, pass upon all applications for membership, approve all expenditures of the Local and direct the Secretary and the Treasurer as to what bank(s) or other financial institution(s) monies of the Local are to be deposited.

(D) Except for the office of President, the Board shall have authority to fill any vacant office for the bal-ance of the elected term of such office.

(E) The Board shall serve as a Board of Arbitration and Trial Board as provided elsewhere in these Bylaws.

(F) The Board shall have authority to appoint business agents as it deems necessary to visit places in the jurisdiction where musicians are performing and shall have authority to fix the wages and expenses to be paid such business agents, who shall report their activities as requiredby the Board.

SECTION 6. The wages, fringe benefits, and reimbursement for expenses for all officers shall be as established from time to time by the membership in meetings.

SECTION 7. Any officer or member of the Board of Directors who fails to attend two (2) successive meetings, without being excused from such attendance by the Board, shall be deemed to have forfeited his office, and the Board may appoint a successor for the balance of the unexpired term; provided, however, that if the office of the President is thus declared vacant the Vice President shall perform the duties of the President until such vacancy is filled by an election.

ARTICLE IV
NOMINATIONS AND ELECTIONS

SECTION 1.NOMINATIONS

(A) Nominations for all officersand alternate delegates to conventions and conferences of the AFM shall be held bi-annually.

(B) Candidates for any of the offices of this Association must be nominated by written petition. The petition must be signed by fifteen

(15) members in good standing. This petition must be secured from the Secretary's office and filed with the Secretary on or before the third Monday in November preceding the election. Only members in good standing will be permitted to sign the petitions or vote. Members must not sign more than one petition for any office except for the Executive Board.

(C) To be eligible for nomination a member must have been a full member of the Local in continuous good standing for at leasttwenty-four (24) months preceeding the nominations meeting.

(D) Immediately after receipt of all nominations, the President shall appoint an Election Committee of three members, none of who arecandidates. The Committee shall choose a chairperson. The Committee shall handle all details of the election. The Committee members shall be paid for their services in an amount to be determined by the Board of Directors.


SECTION 2.ELECTIONS

(A) By no later than December 5th of an election year, each full member in good standing will be mailed an official ballot with instructions and two envelopes. One envelope should be marked only with the word BALLOT; the other envelope shall be larger, shall be pre addressed to the Election Committee at the post office box to be secured by the Secretary(not having access to said box) and shall also have the members return address label.

(B) Candidates shall be listed onthe ballot in the last name alphabetical sequence.

(C) The writing in of names of persons not nominated and listedon the ballot is prohibited.

(D) At a date and time to be set by he Board of Directors, which shall be no sooner than twenty days nor later than thirty days from the date on which the ballots were mailed, the Election Committee shall pick up all ballots returned to the post office box, verify the validity of each from the list of full members in good standing from which the mailing was made, and then, open the envelopes and tally the votes, after which each shall sign the vote tally sheet(s) which the chairperson shall give to the Secretary who shall publish the results to the membership.

(E) A plurality of votes cast shall elect a candidate to office. Alternate delegates to conventions and conferences of the AFM shallbe those candidates in sequence byvote totals.

(F) Newly elected officers shallassume office on first membershipmeeting following the election.

(G) All ballots, including unusedand challenged ballots, envelopes used to return marked ballots, tally sheets, and related election docu-ments, must be kept for one year.

(H) Each candidate has the right to have observers at the tally place.

ARTICLE V
MEETINGS

SECTION 1. Regular meetings of the membership shall be held quarterly, possibly in January, April, July, and October. The exact time and place of the membership meetings shall be deter-mined by the Board of Directors, who shall also have authority to adjust meet-ing dates to void legal holidays and for reasons of emergencies.

SECTION 2. The President or the Board of Directors may call a special meeting for a specific purpose which shall be specified in a notice of such meeting to all members, which shall be mailed by the Secretary at least fifteen days prior to the meeting. No other business than that specified in the notice shall be transacted at a special meeting.

SECTION 3. A quorum of fifteen (15) members must be in attendance at a membership meeting for the meeting to be called to order or continued.

SECTION 4. If, at any regular or special membership meeting a quorum is not achieved, the Board of Directors shall have authority to act upon any items on the agenda of such meeting subject to applicable provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended.

SECTION 5. The conduct and procedures of all regular and special membership meetings shall be set forth in Robertıs Rules of Order.

ARTICLE VI
DUES, FEES, AND ASSESSMENTS

SECTION 1. Initiation fees, reinstate-ment fees, dues, late fees on dues, dues based on earnings and assessments, to become and remain a member in good standing, shall be as established by the membership from time in compliance with applicable provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended.

SECTION 2. Any member whose regular membership dues remain unpaid two months from due date shall be auto-matically suspended from membership 30 days thereafter. They shall be required to pay a late fee to resume membership in good standing.

SECTION 3. Any member whose regular membership dues remain unpaid six months from due date shall stand auto-matically expelled 30 days thereafter, and shall be re-quired to pay a reinstatement fee in order to reinstate his/her membership.

SECTION 4. Any member whose regular membership dues remain unpaid one year from due date shall thereafter be required to re affiliate under the same terms and conditions as a new member.

SECTION 5. All members are required to pay dues based on earnings for all musical services performed in the amount of 3 percent of Local Scale Wages. These dues based on earnings shall be known as work dues and shall be payable to the Secretary no later than the fifteenth day of the month following the month during which services were performed. Member-Leader/contractors are required to deduct the applicable work dues from their sidemen's wages pursuant to written authorization from each sideman to make such deductions. Member-Leader/contractors shall remit the total work dues deducted plus their work dues to the Secretary no later than the fifteenth day of the month following the month in which the services were performed. Any member is subject to charges and appropriate disciplinary action for failure to comply with this Bylaw.

ARTICLE VII
WAGE LIST

SECTION 1. The minimum wage scales for engagements in the jurisdiction of Local 546 shall be as established by the membership from time to time at regular or special membership meetings. SECTION 2. The Secretary shall main-
tain and make available to all members a current list of all established wage scales.

SECTION 3. The Board of Directors shall have authority to establish a wage scale for any type engagement for which a wage scale has not been previously established by the membership, subject to approval at the next regular membership meeting.

SECTION 4. No member shall perform or agree to perform an engagement for less than the applicable minimum wage scale established for such engagement.


ARTICLE VIII
DUTIES OF MEMBERS

SECTION 1. It shall be a violation of these Bylaws for any member:

(A) to act in any way detrimental to the interest, standards, or objects of the Local;

(B) to act in bad faith or deal unfairly with the Local or any of its members;

(C) to provide services as a leader or contractor, or to perform as a single
on any engagement not covered by a collective bargaining agreement between the Local or the AFM and an employer, without filing a fully completed, AFM approved form contract with the Secretary prior to commencing the engagement.

(D) to knowingly perform any engagement not covered by a collective bargaining agreement between the Local or the AFM and an employer, or an AFM approved form contract;

(E) to perform or agree to perform an engagement for less than the minimum compensation established for such engagement by the Local or the AFM;

(F) to render services for organizations, establishments or individuals, on the international defaulters list or the international unfair list;

(G) to work as an employee for an employer against whom the Local or the AFM is engaging in a lawful, primary strike or cross through or work behind a lawful, primary picket line established by the Local or the AFM;

(H) to fail to fulfill any commitment, written or verbal, to another member regarding an engagement, or to fail to comply with the industry standard of at least two weeks written no-tice between Leader/Contractor and side person to terminate a steady engagement.

(I) A member engaged cannot be discharged unless the engagement is cancelled, or by mutual agreement and a seventy-two (72) hour notice (written) is given and accepted, except in cases covered by Article VIII, Section 1-H.

(J) To perform any engagement gratis without permission of the Board of Directors.

(K) Before sending out of the Local for musicians, leader must apply to the Secretary to see if competent Local members are available. Express approval of the Secretary must be secured prior to calling in out of town players.

(L) Should a member come to engagement in an improper condition, his services may be refused by the Leader.

(M) Any member exposing a WageScale to anyone not a member of the Local or the AFM shall, if convicted, be fined.

(N) Members engaged for and working steady or on a weekly engagement can only be discharged for neglect of business, incapability, or unbecoming conduct detrimental to the job.

(O) Members shall not contract for or play for an employer who is in default for payment of services due
them or other members.

(P) A leader, contractor, or sideman may cancel a miscellaneous engagement without subjecting himself to discipline under these Bylaws by giving a notice of seventy-two (72) hours.

(Q) Any leader, contractor, or member accepting or offering to accept a contract for or play for less than the Wage Scale shall, if found guilty, be fined or otherwise disciplined.

(R) Leaders, contractors, or members must engage the services of musicians in good standing with the Local and the AFM and must see if members engaged carry a current card. Transfer members cannot be
engaged if a competent local member is available.

(S) The first contract properly executed and filed with the Local office covering any engagement shall have priority.

(T) Any leader or contracting member contracting for a given number of musicians, plus one or more vocalists, must state the number of vocalists, and the same price must be charged for each vocalist employed as that of a sideman.

(U) Verbal agreements for any engagement in place of a signed contract is not recognized or supported by our National Office nor will it be recognized and supported by this Local.

ARTICLE IX
CLAIMS: RULES OF PRACTICE AND PROCEDURE

SECTION 1. Unless a collective bargaining agreement is in effect which would prevent him/her from doing so, a mem-ber of this Local may file a claim with the Secretary.

(A) Any other member of this Local for any amount of money he/she alleges due him/her relating to a 5musical engagement, or;

(B) Any non-member employer or purchaser for any amount of money which he/she alleges due to him/her relating to a musical engagement, in the jurisdiction of this Local, if such non-member employer or pur- chaser has agreed to submit such a claim to arbitration by the Local Board of Directors.

SECTION 2. A claim must be filed in writing with the Secretary within one year of the occurrence from which the claim arose.

SECTION 3. The Board of Directors shall at its earliest opportunity, after written notice to the parties, allowing at least twenty days for them to prepare their case, sit as a Board of Arbitration and conduct a full and fair hearing and render its decision.

SECTION 4. All communications con-cerning claims shall be sent by the Secretary to the parties by certified mail, return receipt requested.

SECTION 5. Any member failing to com-ply with the decision of the Board on a claim shall be subject to expulsion by the Board.

SECTION 6. The decision of the Board in claims shall be final and binding upon the parties unless appeal to the Interna- tional Executive Board as provided in the AFM Bylaws and/or the rules of practice and procedure of such International Executive Board.

Claims by a member of one local against a member of another local are to be filed with the Secretary-Treasurer of the Federation. (AFM Bylaw: Art. 9, Sect. 2)

ARTICLE X
CHARGES AND TRIALS

SECTION 1. The Board of Directors shall have authority to hear and decide all charges against members and to impose appropriate fines or other disciplinary action.

SECTION 2. No member shall be put on trial for any alleged offense unless charges have been preferred in writing to the Secretary.

SECTION 3. Charges must be within one year of the date of the occurrence from which such charges arose.

SECTION 4. Notice of charges shall be given in writing to the charged member by the Secretary; the notice shall contain the following:

(A) The nature of the offense.

(B) The provisions of the Bylaws at issue.

(C) The date, time, and place of the alleged occurrence.

(D) Sufficient facts to provide the charged member information to pre- pare his/her defense.

(E) The date, time, and place of hearing.

SECTION 5. A member shall be given at least fifteen days from the mailing of the notice of charges to prepare his/her defense for the hearing on such charges.

SECTION 6. Any member shall be ac-corded a full and fair hearing before the Board of Directors before any discipli-nary action is taken.

SECTION 7. All communications con-cerning charges and disciplinary action therefrom shall be sent by the Secretary to the charged party by certified mail, return receipt requested.

SECTION 8. Any member found guilty of charges shall be advised, in writing, by the Secretary of his rights to appeal the decision of the Board of Directors to the International Executive Board.

ARTICLE XI
AMENDMENTS

SECTION 1. The Board of Directors or any member of the Local in good standing, may present in writing to the Secretary a resolution to amend the Bylaws.

SECTION 2. Any member in good standing can submit a resolution or recommendation to amend the Bylaws. The change will be presented to the membership at large, in the calendar year of elections and the National Convention; or if the Board of Directors approves, the change will be presented to the membership at large prior to that time. Within twenty-one days of approval of a resolution to amend the Bylaws from the Board of Directors in a non-election or Convention year, the Secretary shall mail written notice to all members of the regular or special membership meeting at which the resolution is to be acted upon. The notice shall contain the resolution and the date, time, and place of the meeting. The date of the meeting shall be at least twenty-one days from the date of mailing of the notice.

SECTION 3. Upon receipt of a resolution to amend the Bylaws, submitted in the calendar year of elections and the National Convention by members in good standing, the Secretary shall present the resolution to the next regular or special meeting of the Board of Directors, which shall consider the merits of the resolution and make a recommendation on same. The Secretary shall then make written notice to all members of the regular or special membership meeting at which the resolution is to be acted upon. The notice shall contain the resolution, the recommendation of the Board of Direc-tors, and the date, time, and place of the meeting. The notice shall be mailed at least thirty days prior to the member-ship meeting, which shall be no sooner than forty days from the Board of Dir-ectors meeting at which the resolution was presented and no later than ninety days from such Board meeting.

SECTION 4. A resolution to amend the Bylaws is subject to a simple majority vote of those members voting.

SECTION 5. A resolution approved shall become effective immediately unless provided otherwise in the resolution.


ARTICLE XII
REMOVAL OF OFFICERS

SECTION 1. An officer of the Local may be charged by a two-thirds majority of the Board of Directors, or by a petition signed by ten percent of the full mem-bership in good standing of the Local. If by petition, the petition shall be pre-sented to the Secretary unless the Sec-retary is the charged party, in which case the petititon shall be presented to the President.

SECTION 2. Charges v. an officer must allege serious misconduct in office, or repeat failure to perform substantive duties of his/her office as prescribed in the Bylaws of the Local. The charges must be specific as to the alleged act(s) of serious misconduct and/or duties he/she is alleged to have failed to perform.

SECTION 3. The charged officer shall be forwarded the specific charges in writing by the Secretary or President, as the case may be, within ten days of the Board of Directors action, or filing of petition.

SECTION 4. The President, or the Vice President if the President is the charged party, shall call a special mem-bership meeting to elect a five-member trial board, which shall select its chair-man, to conduct a hearing upon the charges. None of the trial board mem-bers shall be officers of the Local, but all must be members in good standing. Notice of this special membership meet-ing shall be mailed to all members in good standing at least fifteen days prior to the meeting and shall contain the date, time, and place of the meeting, plus the purpose of the meeting as stated above and the specific allega-tion(s) v. the officer.

SECTION 5. The trial board shall call and conduct a full and fair hearing of the charges at the earliest feasible date no sooner than fifteen days after its election. Immediately following the hearing the trial board shall render its decision as to the guilt or innocence of the accused and advise the Secretary or President as the case may be of such decision.

SECTION 6. If the trial board has found the accused officer guilty, the Presi-dent, or the Vice President if the Presi-dent is the charged party, shall prompt-ly call a special membership meeting to review the decision of the trial board and vote by secret ballot, to sustain or deny such decisions. Notice of the spe-cial membership meeting shall be mailed to all members in good standing at least fifteen (15) days prior to the meeting, and shall contain the date, time, and place of the meeting, plus the purpose of the meeting as stated above.

SECTION 7. If two-thirds of the mem-bers voting at the meeting vote to sus-tain the guilty findings of the trial board, the officer shall stand removed from office, and the vacancy shall be filled as provided elsewhere in these Bylaws.

ARTICLE XIII
AUTHORITIES

SECTION 1. These Bylaws are subject and subordinate to the Bylaws and Amendments thereto of the American Federation of Musicians, and wherever conflict or discrepancy appears between the Bylaws of this Local and Amend-ments thereto of the American Federa-tion of Musicians, the latter shall pre-vail.

SECTION 2. These Bylaws shall not be enforced in any manner to conflict with public law.

SECTION 3. If any Article, Section, Sub-section, or portion thereof of these By-laws should be held illegal, invalid, or null and void by a court of competent jurisdiction, each and every other pro-vision of these Bylaws shall remain in full force and effect.

SECTION 4. The parliamentary authority for this Local shall be Robert's Rules of Order.


END OF BYLAWS
REVISED FEBRUARY,1996


WORK DUES BUY-OUT POLICY CASUAL/CLUB DATE MUSICIANS

This policy allows casual and club date musicians (but not anyone covered under a collective bargaining agreement) to pay for their annual work dues based on an estimated amount of services for that calendar year. Each musician would be allowed to estimated the number of services he/she will perform in the upcoming year, and pay a lump sum to cover same by each February 28. As follows: Sideman Leader
1 - 15 performances $18.00 $36.00
16 - 30 performances$36.00 $72.00
31 - 50 performances $60.00 $120.00

If, during the calendar year, a musician performs more services than previously estimated, calculate the additional work dues owed on a per-service basis($1.20 sideman per performance or $2.40 leader per performance) or using the above chart. This additional work dues money will be due to the Secretaryıs office on or before December 31 of that same year. If a musician has not ³pre-paid² their work dues by February 28, this policy will not be available to them. Leaders who currently pay work dues on all their band members will still be able to do that and to use this policy for that purpose, also.

OBLIGATION

OFFICERS

I, ________________________, do hereby solemnly pledge my sacred honor, that I will faithfully discharge the duties of my office as ___________ of this local during the term for which I have been elected, or until my successor is duly elected and installed; that I will support the Constitution and Bylaws of the A. F. of M., and the Bylaws, Rules and Regulations of this Local No. 546, and that I will enforce the laws thereof to the best of my ability, without prejudice or partiality.

MEMBERS

I, ______________________, in the presence of the members here assembled, do solemnly promise that I will support the Constitution and Bylaws of the A. F. of M., and submit to its Mandates and the laws emanating therefrom, and the constitution and Bylaws of Local No. 546, A. F. of M.

I promise not to divulge or make public the affairs of this local, and to so conduct myself at all times as not to bring reproach to the organization.

To this I pledge my sacred word of honor.

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