HPFFA v. IAFF lawsuit | August 2014

8/11/2019 HPFFA v. IAFF lawsuit | August 2014

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION

THE HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION,

LOCAL 341,

Plaintiff

v. CIVIL ACTION NO.

4:14-CV-02437INTERNATIONAL ASSOCIATION (State Court No. 2014-44222)

OF FIRE FIGHTERS,

Defendant

DEFENDANTS NOTICE OF REMOVAL

Defendant International Association of Fire Fighters (IAFF), without waiving

any defenses it may have, files this Notice of Removal pursuant to 28 U.S.C. 1446 and

S.D. Texas Local R. 81. In support of this Notice, Defendant respectfully shows:

1. On August 1, 2014, Plaintiff Houston Professional Fire Fighters Association,

Local 341 (HPFFA) filed a Verified Original Petition and Application for

Temporary and Permanent Injunction (Petition) in the 215th

Judicial District

for Harris County, Texas, as Cause No. 2014-44222. The Petition asserted

claims of breach of contract, breach of fiduciary duty, tortious interference

with contractual relationship, discrimination for non-union status, and

conspiracy. Plaintiffs claims allegedly arise out of breaches of the IAFFs

Constitution and By-Laws.

2. On August 1, 2014, Bryan Sky-Eagle, the President of HPFFA, filed a

Petition in Intervention [and] Application for Temporary Restraining Order

and Temporary and Permanent Injunction, asserting the same claims as the

Case 4:14-cv-02437 Document 1 Filed in TXSD on 08/22/14 Page 1 of 404


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Plaintiffs Petition. On August 11, 2014, Sky-Eagle filed a First Amended

Petition in Intervention [and] Application for Temporary Restraining Order

and Temporary and Permanent Injunction. No court order has issued with

respect to Sky-Eagles intervention, and Defendant opposes same.

3. Plaintiffs Petition (and Sky-Eagles Petition in Intervention) assert claims and

matters covered by Labor Management Relations Act (LMRA) Section

301(a), which are therefore completely preempted. 29 U.S.C. 185(a); see

also, United Assn of Journeymen & Apprentices of Plumbing & Pipefitting

Indus. v. United Assn of Journeymen & Apprentices, 452 U.S. 615, 619-20

(1981) (holding a union constitution can be a contract between labor

organizations within the meaning of 301(a));Richter v. Merchants Fast

Motor Lines, 83 F.3d 96, 97 (5th Cir. 1996) (holding that Section 301

establishes federal preemption over conflicting state causes of action arising

in both contract and tort).

4.

The filing of this Notice of Removal is timely under 28 U.S.C. 1446(b).

5. There are no other defendants who need to join in or consent to this Notice of

Removal.

6. Copies of all executed process,1all pleadings asserting causes of action, any

orders signed by the state court judge, the docket sheet, and an index thereto,

as well as a list of all counsel of record, including addresses, telephone

numbers and parties represented, are attached hereto as Exhibit A, in

compliance with S.D. Tex. Local Rule 81.

1Defendant has not been served. Upon information and belief, service has been made upon the IAFF

Charitable Foundation, which is a separate legal entity from the IAFF.



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7. Contemporaneously with the filing of this Notice of Removal, written notice

will be given to all other parties to the action and to the Clerk of the District

Court of Harris County, Texas, that this Notice of Removal is being filed with

this Court.

Respectfully submitted,

_/s/ Philip Durst_____________________Philip Durst

S.D. Tex. Bar No. 1510

State Bar No. 06287850

DEATS DURST OWEN &LEVY,P.L.L.C.

1204 San Antonio Street, Suite 203Austin, Texas 78701

(512) 474-6200(512) 474-7896 (Fax)

[email protected]

Thomas A. Woodley

Douglas L. Steele

WOODLEY & McGILLIVARY1101 Vermont Ave, N.W.

Suite 1000Washington, D.C. 20005

Phone: (202) 833-8855

[email protected]

[email protected]



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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

THE HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION,

LOCAL 341,

Plaintiff

v. CIVIL ACTION NO.

_______________________

INTERNATIONAL ASSOCIATION (State Court No. 2014-44222)OF FIRE FIGHTERS,

Defendant

EXHIBIT A TO NOTICE OF REMOVAL

INDEX TO THE DOCUMENTS FILED

IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS,

215th

JUDICIAL DISTRICT

Document 1 Harris County District Clerk Docket Sheet for Cause No. 2014-44222

Document 2 Plaintiffs Verified Original Petition and Application for Temporary andPermanent Injunction and Request for Disclosures with Exhibits Attached

Document 3 Bryan Sky-Eagles Petition in Intervention, Application for TemporaryRestraining Order and Temporary and Permanent Injunction, and Request

for Disclosures

Document 4 Bryan Sky-Eagles First Amended Petition in Intervention, Application forTemporary Restraining Order and Temporary and Permanent Injunction,

and Request for Disclosures

Document 5 Order Setting Show Cause Hearing

Document 6 Notice of Intention to Take Deposition by Written Questions

Document 7 List of Counsel of Record



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Document 1



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Harris County Docket Sheet

Page 1 of 12014-44222

215 8/22/2014 12:25:26 PM

BREACH OF CONTRACT

COURT:

2014-44222215th

FILED DATE:

CASE TYPE:

8/1/2014

8/15/2014 CASO - ORDER SIGNED SETTING HEARING

Docket Sheet Entries

Date Comment

INTERNATIONAL ASSOCIATION OF FIRE FIGHTE

vs.

HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOC

Attorney: BOHREER, E. MICHELLE

U

noffi

cial

CopyOff

iceof

Chris

Danie

lDis

trict

Cle

rk



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HCDistrictclerk.com HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOC vs.

INTERNATIONAL ASSOCIATION OF FIRE FIGHTE

8/22/2014

Cause: 201444222 CDI: 7 Court: 215

APPEALS

No Appeals found.

COST STATMENTS

No Cost Statments found.

TRANSFERS

No Transfers found.

POST TRIAL WRITS

No Post Trial Writs found.

ABSTRACTS

No Abstracts found.

NOTICES

No Notices found.

DOCUMENTS

Proper credentials required. Please loginor contact Harris County District Clerk's Office at (713) 755-7300.

SUMMARY

CASE DETAILS

File Date 8/1/2014

Case (Cause) Location Civil Intake 1st Floor

Case (Cause) Status Active - Civil

Case (Cause) Type BREACH OF CONTRACT

Next/Last Setting Date 9/3/2014

Jury Fee Paid Date 8/1/2014

COURT DETAILS

Court 215th

Address 201 CAROLINE (Floor: 13)

HOUSTON, TX 77002

Phone:7133686330

JudgeName ELAINE H PALMER

Court Type Civil

ACTIVE PARTIES

Name Type Post

Jdgm

Attorney

HOUSTON PROFESSIONAL FIRE FIGHTERS

ASSOCIATION

PLAINTIFF - CIVIL BOHREER, E.

MICHELLE

INTERNATIONAL ASSOCIATION OF FIRE

FIGHTERS

DEFENDANT - CIVIL


FIGHTERS

INTERVENOR DEFENDANT

SKY-EAGLE , BRYAN INTERVENOR PLAINTIFF


FIGHTERS BY SERVING AGENT

REGISTERED AGENT

e of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.

8/22/2014 1



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INACTIVE PARTIES

No inactive parties found.

JUDGMENT/EVENTS

Date Description Order

Signed

Post

Jdgm

Pgs Volume

/Page

Filing

Attorney

Person

Filing

8/15/2014 ORDER SIGNED SETTING

HEARING

8/15/2014 1

8/11/2014 FIRST AMENDED INTERVENTION 0 SKY-EAGLE , BRYAN

8/1/2014 JURY FEE PAID (TRCP 216) 0

8/1/2014 ORIGINAL PETITION 0 BOHREER, E.

MICHELLE

HOUSTON

PROFESSIONAL FIRE

FIGHTERS

ASSOCIATION

8/1/2014 INTERVENTION 0 SKY-EAGLE , BRYAN

SETTINGS

Date Court Post

Jdgm

Docket Type Reason Results Comments Requesting

Party9/03/2014

10:30 AM

215 Law Day Docket TEMPORARY INJUNCTION

SERVICES

Type Status Instrument Person Requested Issued Served Returned Received Tracking Deliver To

CITATION

(CERTIFIED)

SERVICE

RETURN/EXECUTED

INTERNATIONAL

ASSOCIATION

OF FIRE

FIGHTERS BY

SERVING AGENT

8/1/2014 8/5/2014 8/13/2014 8/18/2014 73043194 CONST 1 JACK

F. ABERCIA

PRECEPT SERVICE ISSUED/IN

POSSESSION OF

SERVING AGENCY

ORIGINAL

PETITION

INTERNATIONAL

ASSOCIATION

OF FIREFIGHTERS

8/18/2014 8/21/2014 73048262 CIV

AGCY-CIVILIAN

SERVICEAGENCY

CITATION

CORPORATE

SERVICE ISSUED/IN

POSSESSION OF

SERVING AGENCY

INTERNATIONAL

ASSOCIATION

OF FIRE

FIGHTERS

8/18/2014 8/21/2014 73048272 CIV

AGCY-CIVILIAN

SERVICE

AGENCY

CITATION

CORPORATE

SERVICE ISSUED/IN

POSSESSION OF

SERVING AGENCY

INTERNATIONAL

ASSOCIATION

OF FIRE

FIGHTERS

8/18/2014 8/21/2014 73048297 CIV

AGCY-CIVILIAN

SERVICE

AGENCY

e of Harris County District Clerk - Chris Daniel http://www.hcdistrictclerk.com/edocs/public/CaseDetailsPrinting.

8/22/2014 1



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Document 2



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8/1/2014 3:33:24 PM

Chris Daniel - District Clerk Harris Count

Envelope No. 202774

By: Nelson Cuer

2014-44222 / Court 215

CAUSE NO.

THE HOUSTON PROFESSIONAL N THE DISTRICT COURT OF

FIRE FIGHTERS ASSOCIATION,

LOCAL 341

V.

ARRIS COUNTY, TEXAS

INTERNATIONAL ASSOCIATION

OF FIRE FIGHTERS UDICIAL DISTRICT

PLAINTIFFS VERIFIED ORIGINAL PETITION AND APPLICATION FOR

TEMPORARY AND PERMANENT INJUNCTION

AND REQUEST FOR DISCLOSURES

TO THE HONORABLE JUDGE OF THE COURT:

The Houston Professional Fire Fighters Association, Local 341 ( Plaintiff ) files its

Original Petition, Application for Temporary and Permanent Injunction Petition ( Petition ),

including Request for Disclosures under Rule 194 ( Disclosures ) complaining of and against

International Association of Fire Fighters, which may be formally referred to as International

Association of Fire Fighters Foundation ( IAFF').

I . DISCOVERY CON TROL PLAN: REQUEST FOR DISCLOSURE

Pursuant to Rule 190.2 of the Texas Rules of Civil Procedure, discovery is intended to be

conducted under Level 2 of this Rule.

Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendant is requested to

disclose, within 50 days of service of this request, the information or material described in Rule

194.2.

II. PARTIES

The Houston Professional Fire Fighters Association, Local 341 ( HPFFA ) is a domestic

non-profit corporation existing under the law of the State of Texas whose principle business is to

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be a local fire fighters union with its principal office in Harris County, Texas.

Defendant International Association of Fire Fighters is a non-profit corporation under the

laws of Washington D.C. but registered to do business in the State of Texas. National labor

union regulated by the U.S. Department of Labor. It may be served with citation and process by

serving CT Corporation System, 350 North St. Paul Street, Suite 2900, Dallas, Texas 75201-

4234.

III. JURISDICTION AND VENUE

Venue is proper in Harris County, Texas because all or part of the cause of action arose in

Harris County, Texas.

IV.

AUTHO RITY TO FILE SUIT

This lawsuit is filed with the expressed authority by the HPFFA President under its

bylaws and by Texas State Law.

V. FACTS

-

The Houston Professional Fire_Fighter's Association, Local 341_( HPFFA ), is a 5_01(c)4 _

non-profit corporation established under the laws of Texas and has its own Constitution and By-

laws ( CBLs ). See

Exhibit 1 for the HPFFA Constitution and Bylaws. The International

Association of Fire Fighters ( IAFF ) is a national labor union regulated by the U.S. Department

of Labor and has its own CBLs. See

Exhibit 2

for the IAFF Constitution and Bylaws. HPFFA

is a member affiliate of the IAFF, and pay sues to IAFF in exchange for services and support.

As set forth below, the IAFF has breached its agreement with HPFFA and continues to interrupt

and interfere with HPFFA's operation of its business affairs.

In October 2013, HPFFA held elections of officers and directors, and Bryan Sky-Eagle

( Sky-Eagle ) was elected President for a term to end October 2016. The campaign promise was

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to reform HPFFA's fiscal responsibility, transparency to the membership and accountability of

its officers, directors and leadership who had been in these positions for many years, has strong

personal relationships with the IAFF and its leaders, and whose practices had resulted in a call

for substantial changes within HPFFA. Promptly after being elected, HPFFA, through its

President, Sky-Eagle, began to implement changes in furtherance of these goals. These changes

included, among other things, terminating the services of various consultants, and contractors

who had been engaged by prior leadership, and hired replacements. In Sky-Eagle's opinion,

such changes were long overdue. The leadership who had been voted out was already

disgruntled by Sky-Eagle's election victory, and they became a vocal minority of members who

did not want the changes implemented. Those same members of the HPFFA voiced

disagreement with Sky-Eagle's action in replacing

.the consultants and contractors, with whom

the former leadership had developed close affiliations during their tenure. Their disagreement

stemmed from politics and the power they had lost, rather than merit, and they viewed the

changes as a `shake w that diminished their political power.

The proper recourse for these members who disagreed with these business decisions

would have been to appeal through the IAFF in accordance with the IAFF By-Laws. However,

these members instead challenged President's authority to hire and fire staff in two different state

district courts. Those judges ruled that as President, Sky-Eagle could substitute attorneys in

pending court cases and agreed that Sky-Eagle has the express authority to hire and fire

assistants and consultants, including lawyers.

In what is now an apparent concerted action to thwart the ability of HPFFA, under Sky:

Eagle's leadership, to conduct its routine daily business and implement changes consistent with

the goals of increasing transparency and accountabilitywhich necessarily involved replacing

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consultants and contractorsthese members subsequently filed charges with the IAFF for

misconduct, stating that President Sky-Eagle did not have the authority to hire and fire

consultants despite the previous court decisions and the language of the HPFFA CBLs.

The TAFF's By-Laws allow the charges to be vacated if they are frivolous or retaliatory.

However, the members who filed the charges had previously developed relationships and

political affiliations with high-ranking members of the IAFF during their tenure as HPFFA

leaders prior to the 2013 elections. Despite the fact that the members clearly filed the charges in

retaliation for the changes implemented by Sky-Eagle and their having lost the court decisions,

the IAFF still allowed the charges to proceed. This action by the IAFF was the first of now

many actions that violate the agreement between IAFF and HPFFA, and, in addition to breaching

the governing agreements, this act is part of 1AFF's concerted activity to thwart the business of

HPFFA, interfere with its contractual relationships; and, moreover, discriminate against HPFFA.

All of this is part of a retaliatory effort, in which the former leadership of HPFFA who lost

power after the 20-13 5

are using their relationships with IAFF leadership to block the changes that

had been made.

The improper conduct of the IAFF continues as follows. Following the Court rulings

referenced above,. HPFFA notified its members- of the Court actions. A series of charges and

allegations were made against HPFFA's President Sky-Eagle and instead of following its by-laws

and its contractual agreement with HPFFA, IAFF decided to ignore the contracts, the law and the

facts, causing HPFFA to be unable to conduct its routine business.

In June 2014 the HPFFA Board of Directors ( BOD ) made a motion to attend the IAFF

Convention in Cincinnati Ohio, which was denied by President Sky-Eagle due to By-Law

conflicts as well as the fact that the trip was akin to a boondoggle

. s

a time that the HPFFA had

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all members of the subordinate union are either directly or

indirectly involved as parties, witnesses or otherwise, in the

conduct giving rise to the charges brought against the accused.

Further, IAFF, through Sandy McGhee its regional Vice President, advises Sky-Eagle

that the trial board that has not yet even been selected will remove Sky-Eagle from office based

on Sky-Eagle, as President of HPFFA, sending a detailed financial email to HFPPA's members,

which was part of his effort to achieve greater transparency. Mr. McGhee advised President

Sky-Eagle that he would speak to the chosen members of the possible trial board, further tainting

HPFFA's right to a fair and impartial trial on the charges. TAFF has violated their respective

contractual and fiduciary duties and now have made clear that any trial has been pre-

determined, the result being removal of the duly elected President of HFPPA without any voice

of the membership and certainly no fair trial. The IAFF's improper motives are made clearer by

its failure to follow even its own by laws on such trials and the venue and selection of the trial

panel.

The vocal minority have ,continued their efforts to thwart Sky-Eagle's efforts to reform

the HPFFA's governance. On July 3, 2014, at a duly called and noticed general membership

meeting, some of the disgruntled leadership made a motion for a vote to survey the membership

about calling for Sky-Eagle's resignation. The motion was seconded, and a vote was taken.

However, the motion failed overwhelmingly.

After the vote failed, the disgruntle minority looked to their friend the TAFF to continue

the attacks on HPFFA. By letter dated July 9, 2014, HPFFA received notice that certain

members of its BOD (not any official action by the BOD) have requested that HPFFA's President

Sky-Eagle be suspended pending trial on the charges filed by these same. directors. The request

is not valid under HPFFA by laws, but now HPFFA has reason to believe based on the conduct

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set forth above, that IAFF will ignore its rules and take unilateral action that will effectively stop

HPFFA's ability to conduct business and oust its duly elected President without due process.

Most recently after the failed vote for Sky-Eagle's resignation followed by the request to

suspend Sky-Eagle, the financial director, Jimmy Campbell ( Campbell ) has stopped signing

paychecks and other checks in the ordinary course of business for the following HPFFA workers:

1. Roy Camberg, HPFFA general counsel since November 2013;

2.

Reyne Hirsch, HPFFA Media Consultant since January 2014;

3.

Various HPFFA standing committee members who were appointed by Sky-Eagle in

accordance with the HPFFA bylaws.

With the latest request to suspend HPFFA's President Sky-Eagle pending and belief that

the IAFF will remove the duly elected President Sky-Eagle without any fair and impartial trial,

HPFFA fears immediate imminent harm will occur if a TRO and subsequent temporary

injunction is not entered against the IAFF enjoining the suspension of HPFFA's President-Sky-

Eagle, before conducting

:a fair_ and impartial trial against Sky-Eagle in accordance with its

Agreement with HPFFA.

VI. CAUSES OF ACTION

A. BREACH OF CONTRACT

The foregoing paragraphs_are incorporated herein by reference.

Through the above described conduct, the IAFF has breached, and has anticipatorily

breached its Agreement with HPFFA which has proximately, resulted, and will proximately

result, ir damages.

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Additionally, .Defendant's arbitrary and discriminatory conduct is and will continue to

occur, depriving Plaintiff of its rights and remedies under the Contract. Plaintiff will be harmed

by these actions without an adequate remedy in equity or law.

B.

BREACH OF FIDUCIARY DUTY

The foregoing paragraphs are incorporated herein by reference.

The IAFF and its officers and directors have a fiduciary duty to each of its members to

act in the member's best interest not the TAFF' s self-interest, including but not limited to

following its own bylaws, and ensuring that its actions are unbiased and free of discrimination.

The IAFF has breached its fiduciary duty to HPFFA by, among other things, not dismissing

frivolous charges, failing to comply with its expressed bylaws and conspiring with certain

members of HPFFA. The IAFF is breaching its fiduciary, duty to protect the HPFFA President

by maintaining neutrality and ignoring its role as gatekeeper and, consequently, to protect

HPFFA's President in his position.

C.

TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIP.

The foregoing paragraphs are incorporated by reference.

Through their conduct as described above, the IAFF has intentionally and willfully

interfered with the contractual relationships between HPFFA's President and the members of

HPFFA, and the HPFFA itself. Such ,tortious interference has directly impacted the ability of

HPFFA to conduct business and for its .President to perform his duties as outlined in its own

bylaws.

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D. DISCRIMINATION FO R NO N-UNION STATUS/VIOLATIONS OF THE TEXAS

LABOR CODE

The foregoing paragraphs are incorporated by reference.

The IAFF has failed to take action based upon discrimination against HPFFA because of

its status of not belonging to the Texas State Association of Firefighters, a state union. The IAFF

has a long history of appointing corporate officers that were previously State Union Presidents.

Here, District VP Sandy McGhee willfully disregards the selection of a proper neighboring union

in Austin or San Antonio because they too do not belong to the State Association. Instead, he

discriminates against HPFFA by selecting Beaumont for the trial board members knowing that

Beaumont has close ties to Houston, is a member of the State Association and knowingly.

violates IAFF's own bylaws that do not allow this selection.

E.

CONSPIRACY

'The foregoing paragraphs are incorporated by reference.

IAFF has engaged in conduct which constitutes varying torts under the laws of the State

of Texas. The IAFF has acted in concert with and in furtherance of the torts of other directors

and individual members of HPFFA. The IAFF engaged in conduct to accomplish an unlawful

purpose or a lawful purpose by unlawful means. The IAFF and certain HPFFA officers had a

meeting of the minds on the object or course of action. The IAFF committed an unlawful, overt

act to further the object or course of action. Such conspiracy proximately caused damages to

HPFFA in an amount within the jurisdictional limits of this Court for which HPFFA requests

recovery.

IRRPERABLE HARM SUPPORTING A TEMPOARY RESTRAINING ORDER

With certain HPFFA's members latest request to suspend HPFFA's president and IAFF's

admission that the removal of the duly elected President is now likely to occur without any trial,

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HPFFA fears immediate imminent harm will occur if a TRO and subsequent temporary

injunction is not entered against the IAFF enjoining the suspension of HPFFA's president Sky-

Eagle.

THE RIGHT TO INJUNCTIVE RELIEF

Grounds for injunctive relief exist when relief requires the restraint of some act

prejudicial to the applicant, or where the principles of equity are required. Because certain

HPFFA members have petitioned the IAFF to summarily suspend Sky-Eagle for frivolous

causes, and the fact that a pack has already been formed between the IAFF these members, any

suspension summarily made by the IAFF would be prejudicial to HPFFA by allowing these

members and the IAFF to remove Sky-Eagle's ability to serve as the duly elected President by

the HPFFA membership, and performing all the duties the membership requires.

REQUEST FOR TEMPORARY RESTRAINING ORDER

AND TEMPORARY INJUNCTION

The foregoing paragraphs are incorporated herein by reference.

.

As set forth above, IAFF has breached its Contract

-

With respect to trial proceedings and

upon information and belief is attempting to suspend and remove HPFFA's President from office

without due process and in violation of its By-Laws, Constitution and Agreement with HPFFA.

The IAFF, unless restrained from engaging in the conduct described above, will continue

to engage in such conduct, thereby causing immediate and irreparable harm to the HPFFA and its

members. Therefore, HPFFA requests that the IAFF be immediately and temporarily restrained

nd enjoined from suspending or removing HPFFA's President and also from failing to comply

with the terms of the Contract with HPFFA, its own By-Laws and Constitution, and from making

modifications to the provisions set out in its Constitution and By-Laws, including restraining the

IAFF from:

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a.

Removing or suspending HPFFA's President Sky-Eagle;

b.

Altering or modifying the venue and trial selection panel portions of its

Constitution and By-Laws;

c.

Conducting a trial board;

c.

rdering HPFFA to expend funds that it chooses not to.

VII. CONCLUSION

For the reasons set forth above, Plaintiff requests that the Court:

1.

Grant its Application for Temporary Restraining Order;

2.

Grant its Application for Temporary Injunction;

3. Award actual damages;

4.

Award Plaintiffs' attorneys' fees and costs of Court;

5.

Award Plaintiff pre-judgment and post-judgment interest at the maximum legal

rate; and

6.

Grant Plaintiff such other and further relief for which it is justlyentitled.

Respectfully submitted,

THE CAM BERG LAW FIRM, P.C.

/s/ Roy Camber&

Roy Camberg

SBN: 03674595

17225 El Cam ino Real, Suite /1/14

HOuston, Texas 77058

Tel: 281) 486-6900

Fax: (281) 486-4695

[email protected]

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BOHREER & ZUCKER LLP

E. M ichelle Bohreer

SBN: 06717100

Todd J. Zucker

SBN: 22290465

Two G reenway Plaza, Suite 600

Houston, Texas 77046

Tel:

713) 526-8100

Fax: (713) 526-8105

[email protected]

[email protected]

ATTORNEYS FOR PLAINTIFF

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8/1/2014 3:33:24 PM

Chris Dan iel - District Clerk

Harris County

Envelope No: 2027746

By: CUERO NELSON

014-44222/ Court: 215

VERIFICATION

STATE OF TEXAS

COUNTY OF HARRIS

BEFORE ME, the undersigned Notary Public, on this day personally appeared Bryan

Sky-Eagle, President of Houston Professional Fire Fighters Association, Local 341, who, after

being duly sw orn, stated under oath that he is the P resident of the Plaintiff in this action, that he

has read the above Plaintiffs' Verified Original Petition, Application for Temporary Restraining

Order and Temporary and Permanent Injunction and Request for Disclosures; and that every

factual statement contained therein is within his personal knowledge and is true and correct, to

the best of his knowledge and that this pleading is authorized and filed on behalf of HPFFA, in

his capacity as President of HPFFA.

Bryan Sky-Eagle, President

HPFFA, Local 341

SUB SCRIBED AN D SW ORN TO before me, the undersigned notary public, on this the

1' day of August, 2014, to certify which witness my hand and official seal.

72c_A-9

WM

OT r

f

1

3

1 B IN AND FOR THE

STATE OF TEXAS

Comm ission Expiration D ate:

614 1

o

ti

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2014-44222 / Court: 215

Contents

ARTICLE I

ORGANIZATION

Section 1. Name

Section 2. References

Section 3. Basic Rules

Section 4. Government

Section 5. Assistance in Disputes and Grievances

Section 6. Rules of Order

ARTICLE II

OBJECTIVES AND PURPOSE

ARTICLE III

0

MEETINGS

0

Section 1. Time

0

Section 2. Place

0

Section 3. Special Meetings

0

Section 4. Quorum

0

Section 5. Attendance and Participation

0

Section 6. Changing Time of Regular Union Meeting

0

Section 7. Order of Business

0

ARTICLE IV

2

INITIATION FEES AND DUES

2

Section 1. Initiation Fees and Dues

2

Section 2. Special Assessments

2

Section 3. Delinquent Members

2

Section 4. Reinstatement after Suspension

2

Section 5. Maintenance of Good Standing

3

ARTICLE V

4

MEMBERSHIP

4

Section 1. Who May Become a Member

4

Section 2. To Whom Applications are Presented

4

Section 3. Probationary Fire Fighter's Membership

4

Section 4. Presentation of Official Card, etc.

4

Section 5. Separation

4

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Section 6. Re-entrance into the Department

5

Section 7. Members on Pension

5

Section 8. Honorary Members

5

ARTICLE VI

6

OFFICERS OF THE LOCAL

6

Section 1. Officers and Their Tenure of Office

6

Office Tenure of Office

6

Section 2. President Emeritus

6

ARTICLE VII

7

ELIGIBILITY FOR OFFICE

7

Section 1. Eligibility to Hold Office

7

Section 2. Rights of Candidates

7

Section 3. Use of Funds Prohibited in Elections

7

ARTICLE VIII

8

NOMINATION OF OFFICERS

8

Section 1. Method of Nomination

8

Section 2. Notice of Nominations

8

Section 3. List of Nominees

8

Section 4. Acceptance by Nominees

8

Section 5. Candidate Limited to One Office

8

ARTICLE IX

9

ELECTION OF OFFICERS

9

Section 1. Method of Election

9

Section 2. Regular Election

9

Section 3. Run-Off Election: Date and Location

9

Section 4. Installation of Officers

9

Section 5. Delegates and Alternates

9

ARTICLE X

0

BALLOTING

0

Section 1. Balloting 0

Section 2. Election Committee and Tellers

0

Section 3. Ballots

1

Section 4. Membership List of Eligible Voters

1

Section 5. Confidentiality

1

Section 6. Election Results

1

2



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ARTICLE XI

2

DUTIES OF OFFICERS

2

Section 1. President

2

Section 2. Communication Director

3

Section 3. Financial Director

3

Section 4. Board of Directors (6 members)

4

Section 5. Board of Trustees

4

ARTICLE XII

6

SALARIES AND EXPENSES OF OFFICERS

6


6


6


6

Section 4. Legislative Director 6

Section 5. Compensation for Directors, Committee Chairs, and Committee Members

6

Section 6. Convention Delegates and Committee Members

7

Section 7. Other Officers and Members

7

Section 8. Members' and Officers' Expenses Inside City

7

Section 9. Enumerate and Verify Expense

7

Section 10. Election Committee and Part-time Workers

7

Section 11. Legal Fees and/or Expenses

7

Section 12. Members Owing Money

8

ARTICLE XIII

9

BOARD OF DIRECTORS

9

Section 1. Structure of Board of Directors

9

Section 2. Board of Directors Quorum

9

Section 3. Report to Regular Meeting

9

Section 4. President Banned from Holding Any

Other Office

9

Section 5. Transaction of Business Between Meetings

9

Section 6. Death or Removal from Office of Any Officer

9

Section 7. Property in Custody of Officers

0

Section 8. Monthly Publication

0

ARTICLE XIV

1

COMMITTEES

1

Section 1. Appointment of Committees

1

Section 2. Organization

1



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Section 3. Abolishment of Committees

2

Section 4. Caucus Committees

2

Section 5. Parliamentarian

2

ARTICLE XV

3

AMENDMENTS OR ALTERATIONS TO BY-LAWS

3

Section 1. Who May Submit

3

Section 2. Proposal of Amendment

3

Section 3. Adoption of Amendment

3

ARTICLE XVI

4

MISCONDUCT AND TRIALS OF MEMBERS

4

Section 1. Misconduct Charges and Trial

4

Section 2. Appeals

4

ARTICLE XVII

5

RELATIVE ASSISTANCE FUND

5


5

Section 2. Eligibility

5

To be eligible for membership in the Fire Fighter's Relative Assistance Fund, a fire fighter must be in

full accordance with the following:

5

Section 3. Retirement

5

Section 4. Leave of Absence from the Fire Department

5

Section 5. Delinquent

6

Section 6. Supervision

6

Section 7. Benefits

6

Section 8. Amendments

7

ARTICLE XVIII

8

HOSPITAL FUND

8


8

Section 2. Eligibility

8

Section 3. Supervision

8

Section 4. Limitations and Benefits

8

Settibli 5: Fun

dirTg

-

ahd Retirement

-

9

Section 6. Amendments

0

ARTICLE XIX

1

RETIREE ORGANIZATION

1

ARTICLE XX

2



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ONLINE VOTING FOR MOTIONS AND AMENDMENTS AND

2

COLLECTIVE BARGAINING AGREEMENTS

2

Section 1. MOTIONS

2

A.

PROCEDURE

2

B.

VOTER ELIGIBILITY

2

C. AMENDMENT TO THE CONSTITUTION OR BY-LAWS

2

Section 2. COLLECTIVE BARGAINING AGREEMENTS 3

5



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ARTICLE I

ORGANIZATION

Section 1. Name

This organization shall be known as the Houston Professional Fire Fighters Association.

Section 2. References

References in this Constitution and By-Laws to Local or Local Union or Houston

Professional Fire Fighters Association Local 341 shall refer to the International Association

of Fire Fighters Local 341.

Section 3. Basic Rules

This Local Union, its Officers, Representatives, and Members shall recognize, observe, and be

bound by the provisions of the Constitution and By-Laws of the International Association

and the interpretations rendered by the IAFF General President, decisions and directives of

the Executive Board or Officers of the Association when made in conformity with the

authority granted by the Constitution and By-Laws of the Association, and the resolutions

adopted and policies established by the delegates at conventions. Article XIII of the

Constitution and By-Laws of the Association is recognized as providing the basic rules

governing this Local.

Section 4. Government

The membership, in quorum, at regulaior special meetings of this Local shall be the supreme

authority of this. Local and shall constitute its highest legislative, executive, and judicial body.

All decisions and actions of the membership shall be binding upon all officers and members

of this Local. They shall have sole authority to make, amend, revise or modify the laws for

the Government of this Local except as may be reserved by the Constitution and By-Laws of

the International or except as such laws may be superseded by applicable federal or state

law.

Between meetings of the Local, all administrative, executive and judicial powers of the Local

shall be vested in the Board of Directors except as otherwise expressly provided in this

Constitution and By-Laws. It is the obligation and responsibility of every officer and member

to comply with the provisions of this Constitution and By-Laws and the decisions of the Local

and its officers in conformity therewith;. and they shall refrain 'from any conduct which

interferes_with_the_performance_of_thelocal_inits_obligations_under_law_or_contract_or any

conduct which defeats or subverts the lawfully declared and established policies and

objectives of the Local, or which may defame it or any of its officers or members.

Prior to the regular. January meeting, the Board of Directors shall hold a meeting and prepare

an estimate of expenses for the next fiscal year in such detail as, to them, may seem expedient



29/403

and practicable. Such estimate shall be presented at the January meeting of the members for

approval, and when approved, the total thereof shall be known as the annual estimate. The

fiscal year of Local 341 shall be January 1si to Decem ber 31st. An annual report of the receipts

and expenditures of the preceding year shall be made available at the regular membership

meeting in June.

Section 5. Assistance in Disputes and Grievances

Upon written request by any member to the President or any member of the Board of

Directors, the Association will render all reasonable and possible assistance within its

financial and organizational capabilities in the handling of disputes and grievances, except

as provided in Article XII Section 10.

Section 6. Rules of Order

1.

When the President takes his chair, the officers and members shall take their

respective places, and at the sound of the gavel, all shall be silent.

2. Every Officer and Member shall be designated, in debate or otherwise, by his proper

title, according to his standing in the Local, and the President shall name the member

to whom he gives the floor to debate.

3. The P resident shall decide all points of order, which shall be final, unless appealed to

from the floor, when the question shall be: Shall the decision of the Chair be

sustained? The. President and the appellant shall -have the privilege of giving their

reasons for their positions, but otherwise an appeal from a ruling by the Chair shall

not be debatable:

4.

The Local shall be governed in debate by Robert's Rules of Order to the extent that

such-Rules are not superseded by express provisions of this Constitution and By-

Laws, including these Rules of O rder.

5.

If a member, while speaking, is called to order by the President, he shall cease

speaking and take his seat, until the question of order is determined.

6.

A secret ballot shall be recorded at the request of twenty-five percent (25%) of the

members present and voting.

7. A member shall not speak or otherwise interrupt the business of the Local when the

Minutes or other papers are being read, or when any member is speaking in debate.

8.

When a member speaks, he shall stand up and address the Chair, and a member shall

not disturb another in his speech, unless to call him to order.

9.

Members:

shall confine themselves to the question under debate and avoid all

personalities and any reflection on the Local or its members. Members shall be

limited to five (5) minutes when speaking in debate every time they have the floor.

0. A Member

shall-not-speak .

more than once_on _the same subject_or_question, until all

the 'members wishing to sPeak have had an opportunity to do so, nor more than twice

without permission of the Chair or a vote by the members present, which shall be

taken without debate, and a member, while speaking, shall not call another by his

proper name; but shall use the word Brother/Sister.

11. A member misbehaving at a meeting of the Local, either by abusive, disorderly or

profane language or conduct, or by refusing obedience to the presiding officer, shall

7



30/403

be, duly censured for his offense by the Chair, and if he offends again, he may be dealt

with as the Local may determine.

12.

A motion shall not be subject to debate, until it has been seconded and so stated by

the Chair.

13.

When the reading of any paper or other matter is called for, and the same is objected

to by any member, it shall be determined by a vote of the members present without

debate. When a question is indefinitely postponed, it shall not be acted upon again

during this or the next succeeding meeting.

14.While the Chair is putting the question, none shall walk out or cross the room, nor

entertain private discourse.

15.

A motion to reconsider shall not be received unless made and seconded by members

who voted with the majority in the first instance.

16.

The Chair or any member doubting the decision of a question may call for a division,

and a count of the affirmative and negative votes which shall be taken by the

designated Communication Director.

17.

Any of the foregoing rules of order may be suspended by a two-thirds vote of the

members present.

8



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ARTICLE II

OBJECTIVES AND PURPOSE

Strength through united action, guided by intelligence, is the hallmark of a Trade Union

Organization. Believing such unity is essential for the mutual protection and advancement

of the interest and general welfare of Houston Fire Fighters, we have formed this Association

for the following reasons: to secure just compensation for our services and equitable

settlements of our grievances; to promote the establishment of safe, just and reasonable

working conditions; to place the members of our Association on a higher plane of skill and

efficiency; to promote harmonious relations between Fire Fighters and our employer; and to

cultivate friendship and fellowship among all members.

9



32/403

ARTICL E III

MEETINGS

Section 1. Time

Houston Professional Fire Fighters Association, Local 341 shall hold at least one regular

meeting per month as established by the Board of Directors of Local 341. This meeting will

be held at 7:00 pm. on the date designated by the Board of Directors.

Section 2. Place

All regular and special called meetings of this Local shall be established by a majority vote of

the Board of Directors.

Section 3. Special Meetings

In order for a special called meeting to be held, all members in good standing shall be given

at least seven (7) days advance notice, in writing, of such special called meeting, setting put

the date, time, and subject of such meeting.

Section 4. Quorum

Twenty-five (25) members of the Local, not including elected Board of Directors and

Trustees, shall constitute a quorum to conduct a meeting. This shall mean that twenty-five

(25)-

donelected

members shall be present at each meeting. _

Section 5. Attendance and Participation

Every member in good standing shall have the right to attend any general or special meeting

and participate in such meeting in accordance with their recognized rules as set forth in the

manual of parliamentary procedure adopted by this Local. Members shall conduct

themselves in such a manner as not to interfere with the legal or contractual obligations of

the Association or of this Local.

Section 6. Changing Time of Regular Union Meeting

The date, time, and location of the regular meeting can only be changed by a majority action

of the Board of Directors.

Section '7. Order of Business

1. Call to order by the President

2. Invocation by the Chaplain or other member designated by the President

3.

Roll Call of Officers

4. New Members

5.

Approve Minutes

10



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6.

President's Report

7. Financial Report

8.

Report of Committees

9. Report of Caucuses

10.Report of Trustees

11.

Unfinished Business

12.New Business

13.

Good and W elfare

14.

Adjournment

11



34/403

ARTICLE IV

INITIATION FEES AND DUES

Section 1. Initiation Fees and Dues

The initiation fees for membership in Local No. 341 shall be $15.00 (deducted from the first

months dues). The dues of Local No. 341 shall be one percent (1%) of the monthly base pay

of a first year Fire Fighter, Grade III. When computing said dues, they shall be rounded off to

the nearest fifty cents (.50). Said dues are payable by the 15th of the month. All Fire Fighters

becoming members of this Local after January 1, 1962, shall pay their dues by payroll

deduction.

Section 2. Special Assessments

Whenever increases in the rates of initiation fees, reinstatement fees, dues, assessments or

the levying of new assessments of this Local are proposed, notice of such proposal shall be

given to the members and a date set for submission of the proposed increase which shall be

at least thirty (30) days after such notice is given. On the date set, this Local shall submit the

proposal for approval in the following manner: By majority vote of the members in good

standing, present and voting by recorded vote at a general or special membership meeting.

Section 3. Delinquent Members

Members who fail to pay their dues or assessments within the periods prescribed by the

International Association Constitution and By-Laws, or as required by this constitution, shall

be notified by the Financial Director that they are delinquent and will automatically be

suspended and lose their good standing if payment is not made within sixty (60) days

following such notification. Members who have become delinquent in dues or assessments

due to military obligations will not_be suspended, but remain in good standing until such

time the member completes their military obligation. Delinquent and suspended members

are not entitled to voice or vote in the Local Union or in the affairs of the Association.

Section.. Reinstatement after Suspension

From June 1, 1998 to September 1,1998, any non-union member_ may join or rejoin Local

341 without payment of back dues. The current five dollar ($5.00) assessment payment from

those members who have previously rejoined will be waived. After September 1, 1998, any

members of Local 341 who have been suspended may be reinstated after making a written

request and the payment of twenty-five dollars ($25.00) as a reinstatement fee, together

with the payment of-all back-dues-and-assessments.

12



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36/403

ARTICLE V

MEMBERSHIP

Section 1. Who May Become a Member

Any person of good moral character who is a regular member of the Houston Fire

Department may become a member of this Local. Members participating in the Houston

Firemen's Relief and Retirement Fund [DROP] Deferred Retirement Option Plan are

considered regular members of the Houston Fire Department for as long as they are

employed by the Houston Fire Department as a classified member covered under Local

Government Code 143.00.) Anyone eligible for membership in this Local shall not be refused

membership or, upon acceptance, be discriminated against because of race, color, gender,

sexual orientation, creed, national origin, or by reason of disability.

Section 2. To Whom Applications are Presented

Applications for membership in this Local shall be presented to the Financial Director. Said

application shall be submitted to the members for their approval or rejection at the next

regular Local meeting.

Section 3. Probationary Fire Fighter's Membership

As soon as a recruit is placed in the field, or applicable statutory or contractual probation

period ends as a Fire Fighter, or twelve (12) months from his/her date of hire, whichever

comes first, he/she may become a member of Local 341. He/she may then be initiated into

Local 341. If any new member (recruit) fails to make proper application to this Local at the

time of his/her employment, all dues and assessments shall accrue against-him/her starting

sixty (60) days from the date he/she becomes eligible for membership.

Section 4. Presentation of Official Card, etc.

Every member, upon obligation by this Local, shall be presented by the Financial Director

his/her official Union card and a copy of the By-Laws.

Section 5. Separation

When any member in good standing becomes separated from the fire service or is precluded

by law or local ordinance or contractually from maintaining union membership by virtue of

their fire department 'position, this Local Union may allow said member to retain his/her

active membership or, in_lieu thereof, up_on request of said member, shall issue member a

withdrawal card, provided, however, that a member who is duly elected as an officer of the

International Association of Fire Fighters, or elected or appointed as a representative of or

to an affiliated labor organization, shall retain his/her active membership in this Local Union.

No reinstatement fee shall be charged upon reentry into the organization with a withdrawal

card.

14



37/403

Section 6. Re-entrance into the Department

Any member in good standing who, after leaving the service of the Houston Fire Department,

returns to the service of the Fire Department, and has been approved as such must begin

paying his/her regular dues and assessments within sixty (60) days.

Section 7. Members on Pension

Privileges of members on pension with withdrawal cards are as follows: Any retired member

of the Houston Fire Department shall, after receiving a withdrawal card from Local 341, be

entitled to attend all regular meetings. Any retired member holding a withdrawal card, if

he/she so desires, may hold his/her membership in the Hospital Fund and the Relative

Assistance Fund or any other sponsored welfare fund, upon the payment of said dues of each

respective fund. May participate in the HPFFA Local 341 Retiree Organization by paying the

established dues and fees in Article XIX.

1.

Said member of retirement shall not be allowed floor privileges in any discussion.

2.

He/she shall not be allowed to vote on any matter coming before this Local.

3.

He/she shall not hold any elective office in this Local.

Section 8. Honorary Members

For, meritorious service to this Local,or for distinguished public service, persons: may be

elected honorary members of this Local by a-majority vote of the members-present at-the -

General Membership meeting. Honorary members shall not pay initiation fees, dues or other

charges and shall have no voice or vote in the Local. Such membership may be revoked for

cause:A perpetual list of honorary members will be maintained at the Union Hall.

15



38/403

ARTICLE VI

OFFICERS OF THE LOCAL

Section 1. Officers and Their Tenure of Office

The Officers of this Local and their tenure of Office shall be as follows:

Office Tenure of Office

Board of Directors

President

years

Financial Director

years

Communication Director

years

Director Position 1

years

Director Position 2 years


Director Position 4

years



Board of Trustees

Trustee Position 1

Trustee Position 2

Trustee Position 3

Section 2. President Emeritus

3 years

3 years

3

years

Any member holding the position of President for three (3) full terms shall be granted the

position of President Emeritus. Benefits of this position shall be: a. International Convention

privileges excluding per diem and voting privileges. b. Paid expenses for hotel,

transportation, and meals as provided by the Constitution and By-Laws of Local 341 and

submitted to the Board of Directors.



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ARTICLE VII

ELIGIBILITY FOR OFFICE

Section 1. Eligibility to Hold Office

Only those members in good standing with Local 341 who are not paying back dues or

assessments are eligible to hold an elective office in the Local. Members participating in the

Houston Firemen's Relief and Retirement Deferred Retirement Option Program may hold an

elective office during the time they participate in the DROP.

Section 2. Rights of Candidates

Every candidate for office shall have the right to request distribution of campaign literature,

by mail or otherwise, to all members in good standing, at the candidate's own personal

expense. If this request is granted by the Local, all other candidates for office shall receive

the same privilege. There shall be no discrimination in favor of or against any candidate with

regard to the use of membership lists.

Section 3. Use of Funds Prohibited in Elections

No funds received by this Local through initiation fees, dues or assessments or otherwise,

shall be contributed or applied to promote the candidacy of any person in election of officers.

This section does not prevent the expenditure from Union funds for notices, factual

statements of-issues, and other necessary expenses to conduct elections so long as they don't

involve promotion of any candidate.

17



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ARTICLE VIII

NOMINATION OF O FFICERS

Section 1. Method of

Nomination

Nomination for officers of this Local shall be held at the regular meeting in the month of June

of each year. Nominations shall include all the elective officers whose terms expire.

Section 2. Notice of Nominations

All members in good standing shall be given at least fifteen (15) days advance notice, in

writing, of the date, time, and place at which nomination of officers of this Local shall be

made. Any member in good standing may nominate eligible members for office.

Section 3. List of Nominees

All fire stations and other divisions of the Fire Department shall be furnished with a list of all

candidates nominated and accepting their nominations by the first of the month following

such nominations.

Section 4. Acceptance by Nominees

The Election Committee of the Local shall &Iffy in writing by Certified mail within three (3)

days after nomination, all

candidatps_nominated for office to determine whether or not they

will accept such nomination and serve the Local if elected. Said nominee to be eligible as a

candidate shall so notify the Election Committee, in. writing by certified mail or hand

delivery, of his/her intention to run for the respective office,byJune 20, following his/her

nomination.

Section 5. Candidate Limited to One Office

No candidate's name may appear more than once on the Local ballot nor shall any member

hold more than one elective office of the Local at any given time.

18



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ARTICLE IX

ELECTION OF OFFICERS

Section 1. Method of Election

Only those members of Local No. 341 who are in good standing shall be entitled to vote in

any election of officers of the Local. Election shall be by secret ballot, even though only one

candidate is nominated for a given office. There shall be no voting by proxy in any election

of Local Union officers. Probationary Fire Fighters of Local 341 who are in good standing

shall be entitled to vote in any election of the Local.

Section 2. Regular Election

The election of officers of this Local shall begin and conclude on the dates established by the

Board of Directors and the results announced and posted at the regular meeting in the month

of August of each year. Each member in good standing shall be given at least fifteen (15) days

advance notice, in writing, sent by mail to the last known address of the member, of the date,

time and place at which elections shall be held. The candidates receiving a majority vote shall

be declared elected. (Majority Vote: An excess of over one-half of votes cast.) Should any

candidate fail to receive a majority vote of the votes cast, then there shall be a run-off election

between the two candidates receiving the most votes cast in that respective position.

Section 3. Run-Off Election: Date and Location

Should it be necessary that a run-off election of officers be held, said run-off election shall

begin and conclude on the dates established by the Board of Directors and the results

announced and posted at the regularly scheduled Union Meeting in October. If the final ballot

of any officer election results in a tie between the candidates, the winning candidate for office

shall be selected by the drawing of lots in the presence of both candidates.

Section 4. Installation of Officers

The installation of all duly elected officers of this Local shall be held at the regular meeting

in October of each year. Before entering upon the duties of their respective offices, they shall

subscribe to the obligation as provided in the Manual of Common Procedure for use of Local

Union of the International Association of Fire Fighters.

Section 5. Delegates and Alternates

Delegates_and.Alternates_to_the_IAFF_Convention_shall_be_elected by secret ballot of the

members in good standing. The credentials of delegates and alternates must be certifying to

this method of election. Members of the Board of Directors shall be Delegates to the IAFF

Convention by virtue of their election to the Board of Directors of this Local, limited by the

IAFF Constitution and By -Laws A rticle XIII, Section 15.

19



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ARTICLE X

BALLOTING

Section 1. Balloting

All balloting for the election of the Board of Directors and the Board of Trustees shall be

secret and shall be done by an all mail-in ballot system. The ballot shall be printed on paper

which cannot be reproduced for the election of the Board of Directors and Board of Trustees.

All balloting for contract approval and other elections of the Local shall be determined by

the Board of Directors with the approval of the membership.

Section 2. Election Committee and Tellers

The President shall appoint an Election Committee consisting of three (3) members prior to

the regular membership meeting in April of each year for the purpose of conducting the

regular and run-off elections of the Local. The Election Committee shall be responsible for

recommending the election dates to the Board of Directors for approval and shall conduct

the nominations at the regular membership meeting in June. The Election Committee shall

notify the membership of the nominations and election 45 days before the regular

membership meeting in June on each year. The Election Committee shall recommend the

Election Teller to the Board of Directors for approval at the regular membership in May of

each year. The Election Teller shall be an outside professional company employing an

independent auditor. It shall be the responsibility of the Election Tellers to tally the votes for

the safekeeping and validity of the ballots, in accordance with the by-laws. The Election

Committee shall require the mailing service used for the election to make written

representation that all labels and ballots received have been fully accounted for and mailed

in a responsible manner.

The Election Committee shall see that each ballot envelope printed is accounted for by its

individual number. The unused ballots shall be obtained from the mailing service by the

Tellers.

The Election Com mittee will hold a meeting of the nom inees at the offices of the Local on the

14th day after the General M eeting at which the nominations were accepted, to draw for ballot

positions and to explain the election procedures. Each nominee shall be asked how he/she

wishes his/her name to appear on the ballot. The Election Committee will then publish a list

of candidates in the order in which they will appear on the ballot for posting in all fire

stations and support areas of the Department.

The Election comm ittee sh

-all sen

-

d to

-

all fire stations and support areas a letter announcing

when the ballots will be mailed. This notice shall be sent at least three (3) days but no more

than seven (7) days prior to the mailing of the ballots.

20



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Section 3. Ballots

1.

No ballots containing a reference to a write-in candidate will be counted.

2.

Members not receiving a BALLOT shall contact the Election

3.

Committee to receive a new BALLOT from the Tellers.

4.

Ballots for the election of members of the Board of Directors shall

5.

contain the following information: By virtue of his/her election to the Board of

Directors they shall be elected delegates of this Local to the Convention of the

International Association of Fire Fighters. Article IV, Section 2, of the IAFF

Constitution and By-Laws shall determine the maximum of delegates allowed to

attend.

Section 4. Membership List of Eligible Voters

Local 341 shall provide the teller (auditor) two (2) lists and the mailing service one (1) list

(mailing labels) containing the current names and addresses of all active members. Local

341 shall certify that each list is identical. The auditor will then use the lists in order to record

returned ballots.

Section 5. Confidentiality

The.

Board of Directors shall develop a procedure for the mail-out ballots guaranteeing

confidentiality and securing a secret ballot for each member voting. The procedure shall

contain a system to provide for a printed name, signature and payroll number.

Section 6. Election Results

Within seven (7) days after any election in the Local, Local 341 shall furnish all fire stations

and other divisions of the Fire Department with a certified list of those 'candidates whose

names appeared on the ballots and the number of votes cast for each. The records and ballots

of all elections shall be preser'ved by the Local for one (1) year following an election.

21



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ARTICLE XI

DUTIES OF O FFICERS


The President shall be the executive head of Local 341 and shall preside at all meetings of

the Board of Directors, regular and special called meetings of the membership. He/she shall

be a delegate to all conventions and shall exercise all rights and privileges of a delegate

whenever such action is necessary. He/she shall also be a member ex-officio of all

committees.

a. It shall be the duty of the President, whenever he/she shall have received a petition

signed by one hundred (100) members in good standing setting forth the reasons for

said special called meeting and the subject matter to be discussed, to call a special

meeting of the Local. Before said special called meeting can be held, the President

shall comply with the provisions of Article Three (III) Section Three (3), and further,

it shall be necessary for at least twenty-five (25) members of those members signing

such petition to be present and in attendance at each special called meeting.

b.

He/she shall strictly enforce all the provisions of the Constitution & By-Laws, rules

and customs.

c.

He/she shall create all committees, subject to the approval of the Board of Directors,

d. provided, however, that all committees be approved or rejected by vote of the G eneral

membership.

e. He/she shall, in the event o f a tie vote, cast the deciding vo te.

f.

He/she shall at all times represent this Local whenever and wherever representation

is needed.

g.

The President shall report in detail to the Board of Directors at its regular or special

called meeting, all transactions, meetings, conferences, conventions and any other

gathering that he/she shall have attended as President of this Local.

h.

He/she shall appoint a Chaplain for this Local and, in addition, may designate and

appoint honorary Chaplains to serve the several faiths of the membership.

i. He/she shall countersign all checks and warrants drawn by Local 341

j.

He/she shall further discharge on behalf of this Local such duties-as may be Unp osed

upon him/her by applicable law including the execution and filing of any reports to

Federal or State authorities, and he/she shall cause to be maintained by the Local such

records as the law requires to be kept in support of reports filed by it.

k.

He/she shall perform any and all other duties imposed upon him/her by this Local.

1. He/she shall see that aliofficers of the Association perform their respective duties.

m. He/she shall have the authority to call meetings of the Executive Board.

-

n.

He/she shall hire part-time assistance and help as needed.

o.

He/She shall sign all expenseiand per diem vouchers prior to payment.

p.

He/She shall annually select a' Prsident Pro Tern , froth the elected Board of

Directors, to serve as President in the absent of the regular elected HPFFA President.

q.

He/she may appoint up to two (2) Parliathentarians.



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a.

It shall be the duty of the Communication Director to keep true and accurate minutes

of all meetings of this Local, regular or special, and the Board of D irectors meetings.

b.

The C omm unication D irector shall keep a special book or binder, provided for by this

Local, in which all amendm ents to these By-Laws are kept in writing.

c.

He/she shall post notices of all meetings of the Local, regular or special, through the

regular accepted channels of communication.

d.

He/she shall write at least three (3) articles per year and shall forward copies of same

to the IAFF and all other kindred publications. He/she shall also maintain close

relationship with local news media.

e.

He/she shall furnish each Director with a true copy of each meeting minutes, regular

or special, seven (7) days after the preceding meeting. The minutes of all meetings of

each respective meeting shall be bound separately in a properly identified binder.

Said minutes and binders shall at all times be k ept conveniently in the Union H all.

f.

He/she shall attend all meetings of the L ocal and Board of Directors.

g.

He/she shall avail himself to all committee chairpersons and work in conjunction

with same, to transcribe, report, reproduce, and record all business matters

necessary to expedite those committee activities. He/she shall preserve copies of all

committee reports, these reports to become a part of the minutes of the meeting.

h.

The C omm unications Director, by virtue of his/her election, shall be a delegate of this

Local to the Convention of the International Association of Fire Fighters, as

determined in Article X, Section 3(c) Ballots of the Locals Constitution and By-Laws.


a.

It shall be the duty of the Financial Director to receive all moneys due the Local, giving

a proper receipt for same.

b.

He/she shall deposit the money in a bank, named by the Board of Directors.

c.

He/she shall sign and pay all checks when properly drawn and countersigned by the

President of the Local.

d.

He/she shall report to the membership of the Local, the collection of all dues and

assessments collected during the current month.

e.

He/she shall be responsible for the maintenance and keeping of accurate records,

ledgers, journals, and files and said records, ledgers, journals, and files shall be

secured in the Union Hall.

f.

He/she shall report to the Board of Directors all members who have been suspended

from mem bership in the Local.

g.

He/she shall further discharge, on behalf of this Local, such duties as may be imposed

upon him/her

y

piiiicablelaw

Tincluding

the exetuting-nd-

filing

-ofany- reports to

Federal or State authorities, and he/she shall cause to be maintained by the Local,

such reports as the law requires to be kept in support of reports filed by it.

h.

The Financial Director shall give bond, arranged for by the Board of Trustees, to the

amount of ten thousand dollars ($ 10,000.00) or at least ten (10%) of the current

liquid assets of the Local, or more, whenever the Board of Trustees deems it

necessary, and the premium for said bond shall be paid for by the Local. Said bond

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shall be held in trust for the benefit of the Local by the Board of Trustees. The first

$5,000.of the bond is covered by Article XIII, Section 19 of the IAFF C onstitution and

By-Law s, if additional bond is necessary the Local shall pay the additional premium.

i.

The Financial Director shall perform any and all other duties imposed upon him/her

by this Local.

j.

The Financial Director, by virtue of his/her election, shall be a delegate of this Local

to the Convention of the International Association of Fire Fighters, as determined by

Article X, Section 3(c), Ballots of the Locals Constitution and By-Laws.

k.

He/She shall sign all expense and per diem vouchers prior to payment.

1. He/She shall have the books and accounts of this Local audited annually, and the last

such report of audit shall be forwarded to the IAFF General Secretary-Treasurer over

the seal; of the Local within 180 days of the close of the Local's fiscal year and shall

include an accurate accounting of all employees within the Local Union's Fire

Department.

Section 4. Board of Directors (6 members)

a.

It shall be the duty of the Board of Directors to render to the President direction as

may be required of him/her in all matters pertaining to this Local and in the

governance of the same.

b.

It shall be the duty of the Board of Directors to introduce all visitors to the President

of this Local and assist the President in preserving order. They shall require each

member attending a regular or special,meeting of the Local to sign his/her name in

the official permanent book provided by the Local. Any member who fails or refuses

to sign his/her name shall be considered absent from the meeting.

c.

Directors, by virtue of his/her election, shall be a delegate of this Local to the

Convention

-

of the International Association of Fire Fighters, as determined by Article

X, Section 3(c), Ballots of the Locals Constitution and By-La ws.

d.

Directors shall attend all meetings and conventions as required by the President or

membership and submit in writing a report of their activities at each meeting or

convention.

e.

Directors shall serve as the Chairperson of all standing committees as designated by

the President.

Section 5. Board of Trustees

It shall be the duty of the Bo ard of Trustees to:

a. I3e responsibleto_the_membership_for_the proper_financial operation and_condition

of

this Association.

b.

Review all expen se accounts as listed in Article XII of this Constitution and By-L aws.

c.

Set the amounts of and arrange for the bonding of all officers and employees of the

Local who handle funds or property of the Local as may be required by the Trustees

and the IAFF General Secretary-Treasurer in compliance with applicable law, the

expense of which shall be borne by the A ssociation.

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d.

Have direct control and m anagement of all budding, property, both real and personal,

owned by this Association or that this Association may have an interest in, and any

and all other property of this Association, and shall maintain same in good condition

at all times.

e.

Develop the necessary procedure to be approved by the Board of Directors for the

disbursement of the monies and assets belonging to this Association.

f.

See that all personal property owned by this Association is kept, maintained, stored,

and used at the Local H all only and is not permitted to be housed o r used at any other

place, exeept upon the express written permission by them.

g.

Conduct and maintain an annual inventory of all properties and furnishings that are

owned by this Local, and they shall at all times provided for and maintain proper

insurance coverage to adequately protect the properties and furnishings owned by

this Local against the perils of fire and other hazards to life and property.

h.

Cause the books and accounts of this Association to be reviewed annually by a

Certified Public Accountant and audited every five years or upon the request of a

newly elected Financial Director or President with approval by the majority of the

Board of Directors.

i.

Provide for voting machines or printed ballots for Association elections when

required.

j.

Supervise and direct the Fire Fighter's Relative Assistance Fund, and to promulgate

the procedure for disbursement of such fund.

k.

Supervise and direct the Fire Fighter's Hospital Benefits as listed in Article XXI of

this Constitution and By-L aws.

No money may be expended from the funds of the Association for the death of an

active or retired member except as provided for by these By-Laws.

m.

The Board of Trustees shall annually select a Chairperson.

n.

Shall report monthly to the Board of Directors of the Local.

o.

Trustees are not voting members of the Board of Directors.

p.

Trustees shall meet once each month and any other time as so deemed necessary.

q.

Two (2) members of the Board of Trustees shall constitute a quorum.)

r.

Shall attend meetings of the Board of Directors.

s.

Shall develop and -maintain a Policy Manual of HPFFA Local 341 Operations for

approval by the Board of Directors and membership.

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ARTICLE XII

SALARIES AND EXPENSES OF O FFICERS


The President of this Association shall receive a monthly salary of fifty percent 50% of the

monthly highest full paid Fire Fighter base salary.


The Communication Director of this Association shall receive a monthly salary of twenty five

percent (25%) of the monthly highest full paid Fire Fighter base salary.


The Financial Director of this Association shall receive a monthly salary of 25% of the

monthly highest full paid Fire Fighter base salary.

Section 4. Legislative Director

a. The Legislative Director of this Local shall be allowed the necessary expenses to

represent and conduct the affairs of this Local. The Legislative Director shall only be

reimbursed the amount of money he/she spends. The Legislative Director shall

-submit each month an itemized account of all expenditures on forms provided by the

Board of Trustees, to the President and Financial Director for their approval or

rejection.

b. The Legislative Director shall have the following options as means of reimbursement:

1.

Legislative leave;

2.

As per Article XII, Section 5 Convention Delegate and Committee Members;

3.

As determined by the Board of Directors and approved by the Membership

c. The Legislative Director shall be granted leave to represent and conduct the affairs of

this Local.

Section 5. Compensation

for

Directors, Committee Chairs, and Committee

Members

a. For each hour worked, and upon submission of properly documented hours of work

as approved by the President and Trustees), Directors, Committee Chairs (except for

he Chair of the Grievance_Committee),_and_Committee_Members_ shall be_paid_the

hourly rate of the highest paid Fire Fighter base salary, not to exceed 20% of the

monthly salary of highest paid Fire Fighter base salary.

b.

For each hour worked, and upon submission of properly documented hours of work

(as approved by the President), the Chair of the Grievance Committee shall be paid

the hourly rate of the highest paid Fire Fighter base salary, not to exceed 25% of the

monthly salary of highest paid Fire Fighter base salary.

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approval of HPFFA Local 341 and seeking reimbursement of legal fees and/or expenses from

HPFFA Local 341 will be governed

by

the following:

1.

If the legal fees and/or expenses exceed $2,000.00, the membership must be notified

of the request in writing and a recorded vote will be held at the next regular scheduled

membership meeting following the notification.

2.

If the legal fees and/or expenses are less than $2,000.00, a vote will be held at the

next regular scheduled membership meeting.

Section 12. Members Owing Money

Any member owing monies to Local 341 shall apply their expenses to said monies owed.

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ARTICLE XIII

BOARD OF DIRECTORS

Section 1. Structure of Board of Directors

a. The Board of Directors of Local 341 shall be the following nine (9) members:

1.The President

2.

Communication Director

3.

Financial Director

4.Six (6) Directors

b. The Board of Directors shall meet once each month and any other time as so deemed

necessary. The Board of Directors shall have general charge of the affairs of this Local.

c. Members of the Board of Directors must be in attendance at a minimum of eight (8)

regularly scheduled Union meetings and Board meetings unless excused by the

President or forfeit their position on the Board. Verification will be by the

Communication Director, who shall keep accurate minutes and register of the

Directors attending.

d. The order of succession of the Board of Directors in case of the incapacitation or

temporary unavailability of the President shall be: The President Pro Tem, Principal

Officers (Financial Director followed by the Communications Director) and then all

other Directors in order of seniority on the Board.

Section 2. Board of Directors Quorum

Five (5) members of the Board of Directors shall constitute a quorum.

Section 3. Report to Regular Meeting

All action of the Board of Directors will be reported in writing to the Local at the next regular

monthly meeting for approval and shall be subject to inspection and review by any member

in good standing.of the Local during regular business ho

HPFFA v. IAFF lawsuit | August 2014

Documents

Transcript of HPFFA v. IAFF lawsuit | August 2014