These bylaws as amended shall be effective on September 22, 2023 and the Regional Council as amended shall come into existence and start operations on that date. These Bylaws shall be subordinate to the provisions of the Constitution of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART), AFL–CIO, (hereinafter called “the International” or “International Union“). In case of conflict between these provisions and the provisions of the Constitution, the latter shall govern. All questions and disputes concerning the meaning or application of these Bylaws shall be decided by the General President of the International Association, whose decision shall be final and binding. 

Article One (1) – Name 

This organization is a regional council governed by the provisions of Article 9 of the SMART Constitution (2019) and shall be known as the Southwest/Gulf Coast Regional Council (Council) of SMART. 

Article Two (2) – Council Powers 

Section 1 – General Powers and Territory 

Sec. 1. The Council shall be composed of Local Unions 54, 67, 68 and 214 and any Local Union which is added to the jurisdiction of the Council by the International Union’s General Executive Council. The Council shall be the central governing body over and shall have legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members. It shall have the power to collect and retain all dues, assessments, fines and other payments due from members of local unions which belong to the Council. All persons employed on matters within the jurisdiction of the Council, including Regional Managers, Council Representatives and Organizers, shall be employees of the Council. No person shall be an employee of an affiliated Local Union. Furthermore, the Council shall have all other powers provided for in the Bylaws. All powers of the Council shall be exercised by its various officers according to the authority given to them in these Bylaws. The Council shall be subject to Article Three, Section 2 of the International Constitution. The Council’s headquarters office shall be located within the geographic jurisdiction of Local 67 (“Headquarters Region“). 

Section 2 – Negotiations 

Sec. 2. The Council shall have the exclusive power and authority to negotiate, ratify and execute collective bargaining agreements for and on behalf of its affiliated Local Unions, except to the extent the International Union exercises its jurisdiction or authority. The method of collective bargaining ratification, which may include a vote of the membership, shall be decided by the Council. Furthermore, the Council shall have the authority to adopt rules and procedures governing the method of ratification. 

Section 3 – Consolidation of Trust Funds 

Sec. 3. The Council and the affiliated Local Unions shall wherever possible consolidate jointly- trusteed health, pension, training, and labor–management funds in order to achieve greater efficiency and consistency. 

Article Three (3) – Council Objectives 

The objectives of the Council are to further the objectives of the International Union, organize the unorganized, to bring about harmony and unity between Local Unions; to establish a minimum rate of wages in the Council; to enforce a code of working rules governing hours, wages, and other terms and conditions of employment; and to create a marketplace in which an atmosphere of labor/management cooperation will enhance prosperity for Union employers while, at the same time, insuring job security, safety, training and excellent wages and benefits for our members. 

Article Four (4) – Council Jurisdiction 

Section 1 – Territorial Jurisdiction 

Sec. 1(a). The territorial jurisdiction of the Council shall be the State of Texas except the territorial jurisdiction of Local 49, the State of Louisiana, and the territorial jurisdiction of Local 214 in the State of Mississippi. Territorial jurisdiction may be altered at any time by the General President in accordance with the International Constitution. All Local Unions of the International Union within the territorial jurisdiction of the Council shall come under the jurisdiction of the Council and shall be affiliated with the Council. 

Sec. I(b). A local union which becomes affiliated with the Council after its initial formation shall be bound by these Bylaws in their entirety and shall have all the rights and privileges thereunder including but not limited to representation on the Council’s Executive Committee. 

Section 2–Work Jurisdiction 

Sec. 2. The work jurisdiction of the Council shall be as set forth in Article One of the International Constitution and such other work as may be obtained and maintained through organizing and collective bargaining agreements. 

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Article Five (5) – Officers 

Section 1- Council Officers 

Sec. 1. The Officers of the Council shall be: President, Financial Secretary–Treasurer, and members of the Executive Committee. Each local union affiliated with the Council shall be entitled to two Executive Committee members. The initial officers shall be: President: Billy Kenyon; Financial Secretary–Treasurer: Edward Gonzalez, Executive Committee members: Armando Aguirre (Local 54); Jeffrey Berryman (Local 54); James May (Local 67); Mark Garcia (Local 67); Scott Tobin (Local 68); Frank Robinson (Local 68); James Parrish (Local 214); Jesse Sibley (Local 214). The President and Financial Secretary–Treasurer must reside in the Headquarters Region when they assume office. 

Section 2- Council Office Elections 

Sec. 2. The Officers of the Council shall be elected in June 2026 and every three years thereafter. Elected officers shall take office on July 1 following the election. The President and Financial Secretary–Treasurer shall be elected at large by the members of all local unions affiliated with the Council. The members of the Executive Committee shall be elected by the members of the local unions of which they are members. The Council will hold a meeting in each local union affiliated with the Council, either in the month of May of an election year or early in the month of June, for the purpose of making nominations for Council officers. No member may be nominated for or elected to more than one (1) office or position in any local union. Any member who is nominated for local union office and who is not present at the meeting at which nominations are made shall be dropped from the list of nominees unless within five (5) days of such nomination they notify the Financial Secretary–Treasurer in writing of their willingness to run for such office. When there is no contest for an officer position, the Financial Secretary–Treasurer shall declare the properly–nominated candidate(s) elected. The Financial Secretary–Treasurer shall be responsible for designing, printing and distributing the ballots for the election should balloting become necessary. The President may appoint an election committee from among members in good standing of the local unions affiliated with the Council to take charge of the election 

process. 

Section 3 – Qualifications for Council Office 

Sec. 3. Candidates for a Council office must be members in good standing of a local union affiliated with the Council for a period of at least two (2) consecutive years immediately preceding their nomination and election. They must also at the time of their nomination and election either (i) be working at the trade for at least two (2) years immediately prior thereto, (ii) be salaried officers or representatives of this Association, (iii) be salaried officers or representative of a local union or council, or (iv) be salaried officer or representative of the AFL- CIO or an affiliate or subordinate unit of thereof. 

Section 4 – Duties of the President 

Sec. 4(a). The President shall be responsible for the management and supervision of the field activities, business office(s), and for conducting the daily business of the Council. 

Sec. 4(b). The President shall have the authority to appoint, hire, suspend, promote or terminate Regional Managers, Council Representatives and Organizers. The President may appoint members of the Executive Committee to such positions but membership on the Executive Committee is not a condition or a guarantee of appointment. A majority of the Executive Committee may convene a meeting to consider any suspension or termination of a Regional Manager, with notice to all members of the Executive Committee and at a date, time and place which gives each member of the Executive Committee a reasonable opportunity to attend, and may reverse any such suspension or termination by a two–thirds vote. The President shall direct and supervise Regional Managers, Council Representatives and Organizers in the employ of the Regional Council in the performance of their duties and assign them to any territory or task. The President shall exercise the union powers of appointment under the trust agreement for each fund sponsored by a local union affiliated with the Council, provided that the pattern of local representation prior to the Council’s formation shall be retained. 

Sec. 4(c). The President with the approval of the General President of SMART may reduce or increase the number of Council Representatives and/or Organizers as financial conditions of the Council may dictate. 

Sec. 4(d). The President shall have responsibility for negotiation of all collective bargaining agreements covering members of the Council. 

Sec. 4(e). The President shall have the authority to hire, suspend, promote or terminate all clerical or custodial employees and determine their duties, assignments, compensation, hours of employment and conditions and to purchase and utilize such equipment and supplies as he or she deems necessary for the proper operation of Council offices. 

Sec. 4(f). The President shall be responsible to the Council, the affiliated Local Unions, and the General President for results in organizing the jurisdiction of the Council, for establishing working relations with employers, and for protecting the jurisdiction of SMART. 

Sec. 4(g). The President shall have exclusive responsibility for granting Resolution 78 relief. 

Sec. 4(h). The President shall establish hiring hall procedures. 

Sec. 4(i). The President is authorized to make expenditures to pay salaries and benefits of Council employees and to purchase office equipment and supplies, to pay all obligations owed to the International Union, and to pay recurring expenses previously authorized by the Executive Committee. 

Sec. 4(j). The President is also authorized to make such expenditures as they deem appropriate to promote and protect the interests of the membership, provided that any such expenditures exceeding $10,000 must be approved in advance by the Executive Committee and provided that such expenditures are not prohibited by resolution adopted by the Executive Committee. All checks or electronic payments shall be co–signed by the President and the Financial Secretary- Treasurer or a member of the Finance Committee. 

Sec. 4(k). The President shall serve as a trustee and appoint all labor trustees of jointly- administered trust funds where this power of appointment is given by the respective trust fund documents. 

Sec. 4(1). The President shall review with the Executive Committee of the Council all minutes of any trust funds with a copy of same to remain at the office of the Council. 

Sec. 4(m). The President by virtue of office shall automatically be deemed an elected Delegate from the Council to the conventions of SMART, state building and construction trades councils, labor federations, and any other organizations‘ conferences or meetings with which the Council may participate or become affiliated. 

Sec. 4(n). The President may delegate any of their authority to another officer or agent of this Council when they deem it necessary. 

Section 5 – Duties of the Financial Secretary–Treasurer 

Sec. 5(a). The Financial Secretary–Treasurer shall receive and record on official receipts all monies paid to the Council and keep a correct record in the membership dues ledger of the account, obligations and payments of each applicant for membership and member, issue official receipts in either electronic format approved by the General Secretary–Treasurer, or in printed triplicate form. In each instance when payments are made to him or her by applicants or members and no other form of a receipt shall be issued. 

Sec. 5(b). All monies paid into the Council shall be deposited by the Financial Secretary- Treasurer in the name of the Council in such bank or banks as properly designated by the Executive Committee. 

Sec. 5(c). The Financial Secretary–Treasurer shall furnish each Local Union with a copy of the quarterly financial report of the Council certified by the Finance Committee of the Council. 

Sec. 5(d). The Financial Secretary–Treasurer shall maintain a current list of names and addresses of all members of all affiliated Local Unions, keep a correct record of each meeting, keep all documents and correspondence, issue all calls for a special meeting, keep a record of all charges, trials and fines, take charge of the seal of the Council and affix same to all official documents, sign all legal orders, keep a correct account between the Council and the Local Unions, receive all monies paid to the Council. The Financial Secretary–Treasurer shall be responsible for issuing transfer cards and receiving members traveling from other jurisdictions and shall report these actions promptly to the President or his or her designee. 

Sec. 5(e). The Financial Secretary–Treasurer shall furnish to each Local Union a correct record of each meeting of the Executive Committee. 

Sec. 5(f). The Financial Secretary–Treasurer shall take charge of all the ballots cast in any election of the Council and shall preserve said ballots and other records relating to the election for a period of one (1) year after the election date, and shall report the results of the election to the General Secretary–Treasurer. 

Section 6 – Executive Committee 

Sec. 6. The Executive Committee shall consist of the President, the Financial Secretary- Treasurer, and the members elected by each local union affiliated with this Council. Each member of the Executive Committee must remain a member in good standing of a local union affiliated with the Council as a condition of continued service on the Board. 

Section 7 – Meetings of the Executive Committee 

Sec. 7. The Executive Committee shall meet at least once each calendar quarter on a date and at a place and time determined by the President. The President may call additional meetings but is not required to do so. The President shall give all members of the Executive Committee at least 15 days advance notice of each meeting. Meetings may be held by teleconference with the consent of a two–thirds majority of the Executive Committee. The Executive Committee shall act by majority vote. Regional Managers who are not Executive Committee members 

may attend Executive Committee meetings at the invitation of the Executive Committee, but may not vote on any matter. The Executive Committee shall approve any purchases, sales or long–term leases of real property. 

Section 8- Finance Committee 

Sec. 8(a). The Finance Committee shall consist of four members of the Executive Committee, with at least one from each affiliated Local Union, to be elected by the Executive Committee at its first regular quarterly meeting each year. The President and the Financial Secretary–Treasurer may not be on the Finance Committee. 

Sec. 8(b). The Finance Committee shall monitor all funds and properties of the Council subject to such instructions from the Executive Committee as they may receive from time to time. The Finance Committee shall audit all books and accounts of the President at least monthly and report their findings to the Council and perform such other duties as the Council may require. The Finance Committee shall audit all receipts and accounts of any other person authorized to collect funds. The Council shall engage a Certified or Registered Public Accountant for periodic audits, but not less than once a year, and such audit shall be examined by the Finance Committee for comparison with the Finance Committee’s audit and shall report their conclusions in writing to the Executive Committee. 

Section 9–Vacancies in Office 

In the event of a vacancy in the office of President or Financial Secretary–Treasurer due to the incumbent’s resignation, removal, death or long–term incapacity (as determined by the Executive Committee with the concurrence of the General President), the Executive Committee shall select the officer’s successor by majority vote and the successor shall assume the office and duties of the office for the remainder of the term. Any vacancy as defined above in the office of an Executive Committee member shall be filled through election by the members of the local union which elected the Executive Committee member. The President shall announce to the Executive Committee the existence of the vacancy, and the election of the replacement shall be held within the next 90 days. 

Article Six (6) – Compensation 

Section 1 Compensation of Officers and Employees 

Sec. 1(a). The compensation of the initial President and Financial Secretary–Treasurer shall be determined by the General Executive Council. 

Sec. 1(b). The Executive Committee shall approve the compensation for all employees of the Council, including the President and Financial Secretary–Treasurer. All compensation decisions by the Executive Committee shall be subject to the approval of the General President and General Executive Council of SMART, who may correct the compensation approved by the Executive Committee if they determine that this action is necessary to attract capable members to service for the Council, promote the Council’s financial health, or otherwise to promote the viability of the Council. 

Article Seven (7) – Employment of Regional Managers, Council Representatives and 

Organizers 

All Regional Managers, Council Representatives and Organizers working in the jurisdiction of the Council shall be employed by and placed under the supervision and direction of the President of the Council. No Regional Manager, Representative or Organizer shall have authority to act as such until he/she receives the proper credentials from the Council. The Local Unions shall not be allowed to employ anyone. 

Article Eight (8) – Finances 

Section 1 – Dues and Working Assessments 

Sec. 1. The dues and working assessments of all members of local unions affiliated with the Council shall be paid directly to the Council. No dues or assessments may be increased except by a secret ballot vote of the affected members conducted by the Council. 

Section 2 – Targeting / Equality Funds 

Sec. 2(a). All “targeting“, “equality” or other funds established for the purpose of assisting signatory contractors to obtain work through subsidization of their labor costs shall be transferred to and held by the Council. The funds shall be kept separate for the benefit of the members of the local union which created the respective funds. The President shall decide how to use such funds in consultation with the Regional Manager of the local union which created the fund to be used. The President shall send a monthly report to the members of the Executive Committee detailing the use of each fund, including the project, location, contractor(s) and number of jobs created or to be created. Any Regional Manager who questions a decision by the President to use the Regional Manager’s local union’s fund in a particular case may appeal the decision to the Executive Committee which appeal must be made within seven days after the Regional Manager is notified or becomes aware of the use of the fund made or proposed to be made by the President. The Executive Committee may overrule the President by the affirmative vote of two–thirds of its members. 

Sec. 2(b). Any existing Local Union Organizing Fund(s) shall be transferred to the Council Organizing Fund. 

Section 3 – Political Action Funds 

Sec. 3. Any existing Local Union political action funds shall be transferred to the Council political action fund for contributions to political parties and candidates and for independent expenditures on political issues. The Council shall maintain separate accounting on behalf of each Local Union from which the Council receives said contributions and shall be responsible for the preparation and filing of all need paperwork to maintain PAC funds. 

Section 4 – Ancillary Corporations and Funds 

Sec. 4. All “market recovery,” strike and other funds held or controlled by local unions shall be transferred to and held by the Council. The Financial Secretary–Treasurer shall report the activity in each of these funds to the Executive Committee at the intervals and in the form prescribed by the Executive Committee. The managers of all ancillary union corporations and funds, including building corporations, shall be appointed and removed by the President and their governing documents shall be amended accordingly. 

Article Nine (9) – Membership and Obligations 

Section 1 – Membership 

Sec. 1(a). A member may lose his or her good standing in the organization by suspension or expulsion or other disqualification from membership after appropriate proceedings consistent with provisions of these Bylaws and the International Constitution, or by nonpayment of regular or administrative dues as provided by the International Constitution. A member who loses his or her good standing because of a failure to pay dues or other obligations as required by the International Constitution and these Bylaws may reinstate his or her good standing for the purpose of attending Local Union meetings and voting at elections by payment of all delinquent dues and other financial obligations prior to such meetings and elections as provided by the International Constitution. Expelled members may be reinstated only in accordance with the International Constitution. 

Sec. 1(b). Every member, by virtue of the member’s membership in a Local Union affiliated with the Council, authorizes the Council to act as his or her exclusive bargaining representative with full and exclusive power to execute agreements with the member’s employer governing terms and conditions of employment and to act for the member and have final authority in representing, processing and adjusting any grievance, difficulty or dispute arising under any collective bargaining agreement, or out of his or her employment with such employer in such manner as it deems within its discretion to be in the best interests of the Council. The Council Officers and Council Representatives may decline to process any grievance, complaint or dispute if, in their sole discretion and judgment, such grievance, complaint or dispute lacks merit. 

Section 2 – Obligation 

Sec. 2(a). Every member, by virtue of his or her membership in a Local Union affiliated with the Council, is obligated to adhere to and follow the terms of these Bylaws, the Bylaws of their Local Union and the provisions of the International Constitution with respect to their rights, duties, privileges and immunities. Each member shall faithfully carry out such duties and obligations and shall not interfere with the rights of other members. 

Sec. 2(b). No member shall interfere with the elected officers or authorized representatives of this organization, the International Union or its subordinate bodies, in the performance of their duties, and each member shall, when requested, render such assistance and support in the 

performance of such duties as may be required of them, provided this does not interfere with the individual’s right as a member. Each member shall adhere to the terms and conditions of pertinent collective bargaining agreements and the SMART Code of Excellence and shall refrain from conduct that would interfere with the performance by the International Union, its subordinate bodies, or the Council of its legal, contractual, and constitutional obligations. 

Sec. 2(c). Every member shall be required to assist the Council and its subordinate bodies, by engaging in picketing, hand billing, salting and other organizing, political action or community service activities, and attending education and training and seminars, as directed and assigned by the Council’s President or Executive Committee. Members shall be selected in a fair and equitable process. Members will be contacted by phone and/or electronic communications. When possible, the Council shall use the out of work list first to supply the necessary people. It is not the intent of this article to place an undo travel burden upon those selected to perform picket duty and every effort shall be made to select members in the area where picketing or other activity will be performed. No charges shall be filed or processed against any member for his or her decision to accept employment with an approved, targeted non–signatory employer for the purpose of organizing. 

Article Ten (10) – Strikes 

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The President shall have the sole authority to hold a strike vote under Article 30, Section 3, and to decide when to call a strike which has been duly declared. The President shall perform the obligation to notify the General Secretary–Treasurer as required by Article 30, Section 3(b) of the SMART Constitution. 

Article Eleven (11) -Amendments 

These Bylaws may be amended by the affirmative vote of two–thirds of the members of the Executive Committee, subject to approval by the General Executive Council. An amendment may be proposed by: (a) any member of the Executive Committee; (b) any local union through its Business Manager; or (c) members of this Council by petition signed by at least fifty members in good standing. All proposed amendments shall set forth the exact text of the amendment and the submission of the proposed amendment shall include an explanation of the reasons why the amendment is being proposed. The Executive Committee by the affirmative vote of four members may submit one or more proposed amendments to a referendum vote by the members of the Council and shall be adopted if a two–thirds majority of those voting vote in favor of the amendment, subject to approval by the General Executive Council. 

Article Twelve (12) – Savings Clause 

If any provision of these Bylaws shall be declared invalid or inoperative by a competent authority of the executive, judicial or administrative branch of the federal, state government, the Executive Committee, subject to approval of the General President, shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision. If any article or section of these Bylaws should be 

held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of these Bylaws or the application of such article or section to person or circumstances other than those as to which it has been held invalid, shall not be affected thereby.