Constitution - Teamsters Local 399
Constitution - Teamsters Local 399 Constitution - Teamsters Local 399
ART. XII, SEC. 19-21 such out-of-work benefits shall be payable at the end of the second week of the lockout. Out-of-work benefits shall be paid to all other employees of the primary employer at all terminals or places of employment of the primary employer if such member employees shall have become unemployed as a direct result of a lockout, as defined in this Section, directed against other Teamster member employees of the primary employer. Out-of-work benefits shall also be paid to the employees of an exclusive Contract Hauler employer if such member employees shall have become unemployed as a result of a lockout, as defined in this Section, directed against any other Teamster member employees of customers of the exclusive Contract Hauler. Section 20. Nothing herein contained concerning the manner of calling strikes or concerning the legality of strikes for the purpose of obtaining the payment of International Union out-of-work benefits shall affect the legality of the strike in respect to the employer against whom the Local Union instituted such strike; nor shall any provision contained herein concerning strike recognition for payment of out-of-work benefits be intended to constitute the International Union a party to such strike or lockout. In approving the payment of out-of-work benefits under any section of this Article XII the International Union is not required and does not undertake to inquire into, or pass upon, the legality of any strike, work stoppage, or lockout under contracts or applicable state, provincial, or federal law and assumes no responsibility in this respect. Disputes Over Ju risdiction Section 21. Where two (2) or more Local Unions are in dispute concerning jurisdiction, there shall be no work stoppage of the involved operation, but such controversy [ 111 ]
ART. XII, SEC. 21-23 shall be submitted for determination to the Joint Council Executive Board. The Joint Council Executive Board shall conduct a hearing into any jurisdictional dispute in accordance with the provisions of Article XIX of this Constitution. If any party to such dispute is aggrieved by the decision of the Joint Council Executive Board, it may appeal to the General President for the appointment of a special committee which in his discretion he may appoint for the purpose of holding a hearing and making a report and recommendations on the issues raised. Appeals from the decision of the Joint Council must be filed within fifteen (15) calendar days from the date the decision is placed in the mail or otherwise transmitted to the interested parties. The committee shall make its report and recommendations to the General Executive Board for its decision, which shall be final and binding. The parties shall not be entitled to any further hearing or appearances before the General Executive Board. Pending, and as a condition to, appeal and until such time as the General Executive Board makes its decision, any party taking an appeal under this Section shall comply with the decision of the Joint Council Executive Board unless the General President or General Executive Board stays the effectiveness of the decision of the Joint Council Executive Board pending appeal. There shall be no appeal to the Convention from the decision of the General Executive Board. Where two (2) or more Local Unions involved in a dispute concerning jurisdiction are affiliated with different Joint Councils, such controversy shall be submitted for determination to the General Executive Board. In any dispute or appeal to the General Executive Board under this Section, the General President, in his discretion, may appoint a special committee to hold a [ 112 ]
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ART. XII, SEC. 19-21<br />
such out-of-work benefits shall be payable at the end of the<br />
second week of the lockout. Out-of-work benefits shall be<br />
paid to all other employees of the primary employer at all<br />
terminals or places of employment of the primary employer<br />
if such member employees shall have become unemployed<br />
as a direct result of a lockout, as defined in this<br />
Section, directed against other Teamster member employees<br />
of the primary employer. Out-of-work benefits shall<br />
also be paid to the employees of an exclusive Contract<br />
Hauler employer if such member employees shall have<br />
become unemployed as a result of a lockout, as defined in<br />
this Section, directed against any other Teamster member<br />
employees of customers of the exclusive Contract Hauler.<br />
Section 20. Nothing herein contained concerning the<br />
manner of calling strikes or concerning the legality of<br />
strikes for the purpose of obtaining the payment of International<br />
Union out-of-work benefits shall affect the legality<br />
of the strike in respect to the employer against whom the<br />
<strong>Local</strong> Union instituted such strike; nor shall any provision<br />
contained herein concerning strike recognition for payment<br />
of out-of-work benefits be intended to constitute the<br />
International Union a party to such strike or lockout.<br />
In approving the payment of out-of-work benefits under<br />
any section of this Article XII the International Union is not<br />
required and does not undertake to inquire into, or pass<br />
upon, the legality of any strike, work stoppage, or lockout<br />
under contracts or applicable state, provincial, or federal<br />
law and assumes no responsibility in this respect.<br />
Disputes Over Ju risdiction<br />
Section 21. Where two (2) or more <strong>Local</strong> Unions are<br />
in dispute concerning jurisdiction, there shall be no work<br />
stoppage of the involved operation, but such controversy<br />
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