DES MOINES MUSICIANS' ASSOCIATION
Local 75, American Federation Of Musicians

CONSTITUTION AND BY-LAWS

The constitution, by-laws and standing resolutions of the American Federation of Musicians are part of the local by-laws. Local laws which are in conflict with laws of the American Federation of Musicians are null and void.

Constitution

ARTICLE I - NAME AND PURPOSE

Section 1. This organization shall be known by the name of The Des Moines Musicians' Association, of Des Moines, Iowa, Local 75, American Federation of Musicians.

Section 2. The object of this Association is to unite the instrumental/vocal portion of the musical profession for the better protection of its interests in general, and establish a minimum rate of prices to be charged by the members of said Association for their professional services, and enforce good faith and fair dealing between its members.

ARTICLE II - MEMBERSHIP
Section 1. Any person of good moral character following the profession of instrumental/vocal music is eligible for membership in this Association.

Section 2. Each person before being admitted to membership shall pay an initiation fee and pass any required examination, and shall thereafter pay such dues, fines, and assessments as may be prescribed by the By-Laws.

ARTICLE III - OFFICERS
Section 1. The Officers shall consist of a President, Vice-President, Secretary-Treasurer, and an Executive Committee of Six (6) members. All of said Officers and Executive Committee together shall constitute the Executive Board.

Section 2. The above-named Executive Board shall be elected Biannually, at such time and place as may be provided by the Constitution and By-Laws.

ARTICLE IV - FUNDS
Section 1. The funds of this Association shall be raised by initiation fees, yearly dues, work dues, assessments, fines, and by such other means as the Association shall from time to time determine.

By-Laws

ARTICLE I - DUTIES OF OFFICERS

Section 1. Duties Of The President

A. The President shall preside as Chairperson at meetings of the Association and the Executive Board and shall enforce a due observance of this Association's Constitution and By-Laws.
B. It shall be the duty of the President to oversee all administration and operation, in the best interest of the Local. The President shall, with the assistance of the Secretary-Treasurer, attend to such matters as affect the interest of the Local. The President shall have the power to appoint and direct someone to assist in the duties of the officers and in other business of the Association.
C. The President shall have the power to make rules governing any situation not covered by the Association's By-Laws and Price List. Such rulings by the President shall be valid only until action by the Executive Board can be made.
D. The President shall call special meetings upon request, if the request is made in writing, and signed by not less than ten (10) members in good standing.
E. The President shall have a vote only in case of a tie.
F. The President shall be judge of order, and their decision shall be immediately submitted to, unless an appeal is made which shall be decided without debate.
G. The President shall have power to rule that a member be removed from the meeting for improper conduct.
H. The President shall appoint at the meeting previous to the biannual election, one (1) Judge of Election, and two (2) Tellers.

Section 2. Duties Of The Vice President

A. It shall be the duty of the Vice-President, in the absence of the President, to perform the duties of the President, including presiding at meetings of the Association and/or the Executive Board.
B. In the event of the incapacity of the President, as such incapacity is deemed by the Executive Board, in consultation with the National Federation, the Vice-President would assume the President's position.

Section 3. Duties Of The Secretary-Treasurer

A. It shall be the duty of the Secretary-Treasurer to keep accurate minutes of the meetings of the Association and of the Executive Board. The Secretary-Treasurer shall inform the general membership of the Executive Board's actions.
B. The Secretary-Treasurer shall perform administrative duties and all other important matters appertaining to their office, and not herein specified, as described in Article VI of the American Federation of Musician By-Laws, and under the direction of the President.
C. The Secretary-Treasurer shall keep accurate and updated financial records, to be reported at each meeting. The Secretary-Treasurer shall render at the first meeting of each year a complete and detailed statement of funds of and effects belonging to the Association.
D. The Secretary-Treasurer shall keep accurate, updated membership records and complete and distribute all certificates of membership.
E. The Secretary-Treasurer shall make available upon request to members of the Local all reports and records of the association.
F. The Secretary-Treasurer assists to issue notices for all meetings of the Association and Executive Board.
G. The Secretary-Treasurer shall, upon the expiration of their term of office, transfer all books, papers, computer files, documents or other property belonging to the Association, into the hands of their successor in office.
H. It shall be the duty of the Secretary-Treasurer to collect and receive all money due the Association, and pay all warrants as passed by the Executive Board of the Association.
I. All Bank Accounts of the Des Moines Musicians' Association, Local 75 American Federation of Musicians, must be carried under the official name of the Local and each check shall be signed by both the Secretary-Treasurer and the President if over $1000.00.
J. The Secretary-Treasurer shall prepare quarterly and annually a complete statement of all receipts and disbursements. This statement is to be completed no later than fifteen (15) days after the last day of said quarter, and this statement must be presented to the Executive Board acting as finance committee for the proper checking, approval, or such action as they may deem necessary.
K. The Financial Statements of the Local shall be available for all members within a reasonable time after the end of each calendar year. The Books and Financial reports shall be reviewed by a committee appointed by the President, or by outside accountants approved by the Executive Board, after each election year.
L. The Secretary-Treasurer shall render annually a detailed statement of all receipts and expenditures, with the balance at hand.

Section 4. Duties of the Board

A. The President, Vice-President, Secretary-Treasurer, and the Executive Committee shall constitute the Board of this Association. In the case that the President and the Vice-President are both absent for a meeting, the Executive Board may elect its own Chairperson.
B. It shall be the duty of the Executive Board to supervise the Association. Such supervisory duties include investigate all charges against members, call for papers and witnesses, have the power to cause members who have violated the laws to appear before them, impose fines or other punishment, leave questions for the Association, and report the Board's actions and decisions at the following general membership meetings of the Association.
C. The Executive Board of this Association shall have the power to pass, amend, alter, substitute, or repeal the By-Laws and Scales of this Association. Any action taken by the Executive Board shall be in force and effect until approved, repealed, or amended by a general membership meeting.
D. The Executive Board shall be subject to the rules and provisions of the Constitution and By-Laws of the Association. Special meetings may be called by the President at their discretion or at the written request of five (5) members of the Board. Five (5) Board members shall constitute a quorum.
E. Any Board member, having been notified by the President that they were absent without an acceptable excuse from any three (3) general or Board meetings, shall have their seat declared vacant. A vacant seat on the Board shall be filled by appointment of the Chair until the next meeting of the general membership of the Association.
F. In cases that are not provided for in these By-Laws, and in keeping with Section 1.C. of these By-Laws, the Executive Board shall have the power to act, and report their actions to the Association at the next regular meeting.
G. Any member of the Executive Board who divulges the way any other member voted in any case before the Executive Board when in Executive Session, shall be liable for fines, suspension or expulsion by the Board.
H. Any member of the Executive Board appearing as a complainant, defendant, or witness in any charge, shall temporarily vacate his position on the Board until the case in question has been decided upon.
I. Members of the Executive Board shall receive as compensation for their services their annual dues while serving on the Board.
J. The Executive Board shall constitute a relief committee with the authority to investigate any report of sickness, destitution, or need, and with power to grant such aid and assistance as the facts, in their judgment, shall demonstrate to be proper. This power shall include the drawing upon the Treasury for emergency funds until this Association shall take formal action at the next regular meeting.

ARTICLE II - MEMBERSHIP
Section 1. All instrumental/vocal performers shall be eligible for membership, subject to the decision and approval of the Association.
Section 2. The Local Initiation Fee shall be Twenty Dollars ($20.00).
Section 3. The yearly dues shall be reviewed and set by the Executive Board.
Section 4. Applications for membership shall be made to the Secretary-Treasurer on the official application blank of the A.F. of M. and must be accompanied by the full initiation fee plus current dues. However, in cases of hardship, one-third (1/3) of the Local initiation fee, plus the Federation fee, plus current dues may be accepted and a working permit issued. The Balance to be paid within sixty (60) days, or all monies paid in will be forfeited. A Union Card will not be issued until the membership fee is paid in full.
Section 5. Any member of this Association whose dues shall not have been paid for ninety (90) days, after January 1, shall be suspended from the roll of membership and be required to pay a reinstatement fee of Five Dollars ($5.00) per quarter in addition to assessments plus yearly dues.
Section 6. Former members, who have been expelled and wish to clear their record for the purpose of joining another Local may do so for a reinstatement fee of not more than One (1) year's dues, plus Penalties, plus any indebtedness to the Local and/or indebtedness for services to its members.
Section 7. To resign in good standing, a member must have paid all indebtedness to the Local and Federation, and/or indebtedness to its membership. No member may resign in good standing to escape payment of dues, fines, or assessments.
Section 8. Former members having resigned in good standing may apply to the Local for reinstatement at any time within a period of Five (5) years from the date of resignation. They may be readmitted by the payment of a Five Dollar ($5.00) registration fee, plus the current dues. After Five (5) years from the date of resignation, members shall have lost all rights of the Local and must make application as a new member.
Section 9. A member becomes eligible for Life Membership when attaining the age of at least sixty-five (65) years and has been a member of the American Federation of Musicians in good standing for the preceding Thirty-five (35) years. Such member, upon application and found to be eligible, will be issued a Life membership Card. Life Members are not excused from payment of Assessments, Fines, Insurance, or Taxes levied by Local 75, nor Federation per capita fees.
Section 10 Local 75 shall establish a student member classification, which shall enable a musician who is registered as a student in an accredited school, college, or university to join the Local as a Student Member and remain in that classification until they are no longer a student at which time they will become a regular member with no additional cost.
A. Student Members shall have all of the rights and obligations that regular members have, and they shall be subject to all Federation and Local rules, regulations, and bylaws.
B. Student Members shall pay periodic dues at the same rate as Regular Members as set by the Local, and Work Dues where applicable, but shall not pay the LIF or FIF.

Section 11 Local 75 shall establish a youth member classification, which shall enable a musician who is under the age of 21 to join the Local as a Youth Member and remain in that classification until they are no longer a student at which time they will become a regular member with no additional cost.
A. Youth Members shall have all of the rights and obligations that regular members have, and they shall be subject to all Federation and Local rules, regulations, and bylaws.
B. Youth Members shall pay periodic dues at the same rate as Regular Members as set by the Local, and Work Dues where applicable, but shall not pay the LIF or FIF.

ARTICLE III - TRAVELING OR TRANSFER MEMBERS
Section 1. Members of this Local going into the jurisdiction of any other Local, or members of any other Local coming into the jurisdiction of this Local, shall comply with all provisions of the By-Laws of the American Federation of Musicians concerning Traveling and Transfer rights and obligation plus the following:
Section 2. Transfer Memberships shall be governed by Article 14 of the American Federation of Musicians By-Laws, and all Traveling members shall be governed by Articles 15, 16 and 17, of the American Federation of Musicians By-Laws, copies of which may be obtained from the Local Secretary.
Section 3. Local 75 exercises all rights granted to it under Article 14, Section 7 of the American Federation of Musicians By-Laws governing all steady employment for a period of Ninety (90) days.
Section 4. Traveling Orchestras are to be bound by the American Federation of Musicians By-Laws forbidding further solicitation of engagements.
Section 5. Local 75 defines a steady engagement as any engagement of Seven (7) hours for two or more consecutive weeks, as defined in the Local 75 Minimum Price List.

ARTICLE IV - CHARGES AND TRIALS
Section 1. Any member bringing a charge against another member, before the Executive Board, or before an open meeting of the Association, shall be required to submit written charges and to appear personally to substantiate their charges. The Secretary-Treasurer shall notify the parties and witnesses, and if they be within the jurisdiction of the Association at the time the notice to appear was served, and if either party fails to appear, the case shall go by default, or be postponed by vote of the Executive Board, upon the written request of either party, fully stating their reasons therefore, which must be acceptable to the Executive Board present.
Section 2. Any charge preferred against a member cannot be withdrawn without the consent of the Executive Board.
Section 3. Charges may be preferred against any individual member of this Association by any member in good standing.
Section 4. All charges shall be in writing, signed by the party or parties preferring said charges, and shall show, with reasonable certainty, the nature of the offense occurrence; such further recital of facts as will be sufficient to enable the accused to know whereof they are charged, that they may properly prepare their defense.
Section 5. All charges must be addressed to the President of the Association and must be read in open meeting of the Executive Board or in the open meeting of the Association.
Section 6. Any member of this Association having grievances, complaints of any kind against any other member of said Association, shall file such charges or grievances with the President of the Association within one (1) year and not afterwards, from the time such grievances or complaints occur. This Section shall not in any manner affect a claim for money due one member from another for professional services rendered.
Section 7. Members of Local 75 brought to trial before the Executive Board and found guilty, in addition to all fines and claims, may be required to pay all or a pro rata share of the cost of the Executive Board Meeting.

ARTICLE V - FINES AND PUNISHMENTS
Section 1. Any fine imposed upon a member of this Association by the Executive Board, or the Association at-large, must be paid as ordered, or such member shall be suspended from membership until such fine is paid.
Section 2. Ignorance of the law will not be accepted as an excuse for its violation, nor as a ground for an appeal on the part of any member of this Association.
Section 3. Any member accepting an engagement from another member and failing to appear, shall be fined according to the discretion of the Executive Board, and it shall be deemed an equal offense and fined similarly for a member to take an engagement and send a substitute without the consent of the contractor, except in case of emergency.
Section 4. Any member of Local 75 giving worthless checks for services rendered shall, if such checks are not made good upon notification, be suspended and fined Twenty Dollars ($20.00) for the first offense, Fifty Dollars ($50.00) for the second offense, and be expelled for the third offense.
Section 5. Any member who offers another member an engagement for their services of offers their services for less than the regular price of this Association, as laid down in the list of prices, may be fined not more than Fifty Dollars ($50.00).

ARTICLE VI - APPEALS
Section 1. An appeal from the decision of the Executive Board must be taken to the next regular meeting of the Association.
Section 2. Any member appealing to the Association from a fine or penalty imposed by the Executive Board, must notify the President within fourteen (14) days after such fine or penalty has been imposed, and submit their appeal in writing for the next regular meeting of the Association, after which time no appeal will be allowed.
Section 3. It shall require a two-thirds (2/3) vote of a membership meeting to annul, or in any way alter, the decision of the Executive Board concerning fines or suspension.
Section 4. A member wishing to appeal the decision of the Local may appeal to the International Body by conforming to procedure as described in the American Federation of Musicians By-Laws.

ARTICLE VII - CLAIMS
Section 1. Individuals engaged for a job may file claim with the Local as individuals. The Contractor may file claim with the Local.
Section 2. The Local will investigate the claim filed. If valid against Contractor, they are liable for the contract amount. If valid against the Individual, they are liable for scale.
Section 3. If the Local's efforts are unsuccessful, the Contractor will be liable for scale to members on the engagement.

ARTICLE VIII - ELECTION OF OFFICERS
Section 1. The election of officers shall be held in the City of Des Moines, Iowa, at the regular Biennial Election in December.
Section 2. At the October Quarterly Meeting of the election year, candidates shall be nominated for the various offices to be filled and the names of such nominees shall be promptly distributed.
Section 3. No candidate who was not nominated at the nominations meeting shall be voted upon for any office.
Section 4. The voting shall be by Secret Ballot. It shall be the duty of the Judge of Election to mail to the general membership printed ballots with a square before the name of each candidate. Names of the candidates shall be placed in random order for the respective offices as approved by the Executive Board.
Section 5. All ballots are to be returned by mail, and must be received at the ballot collection site by the time and date set by the Executive Board. An election board consisting of three (3) members, one (1) Judge and two (2) Tellers to be named by the President and approved by the Executive Board shall be in charge of administering and canvassing the vote. No candidate shall be allowed to act as a member of the election board.
Section 6 When the count is completed, the election board must make a certified return of the same to the President, who shall distribute the results. Ballots shall remain in the custody of the Secretary-Treasurer for a period of Twelve (12) months after the election.
Section 7. A plurality of the total vote cast shall be sufficient to elect with the same procedure as described in Section 5 above.
Section 8. Any member found guilty of fraud, or seeking by threats, artifice or intimidation, to influence an election result, or to prevent in any manner whatsoever a full, free untrammeled expression of choice at the ballot box, shall be punished in such manner as the Executive Board may decide.
Section 9. From the list of Nominees, the following officers shall be elected: A President, A Vice-President, A Secretary-Treasurer, and an Executive Committee of six (6) Members - all of which shall constitute the regular Executive Board.
Section 10. No member shall be eligible to receive a nomination, or an election to any office within the bestowal of this Local, who is not in good standing therein.
Section 11. Should the result of the nominations disclose that a unanimous nomination has been made for any office, the Association may authorize the President to cast the total vote at the Biennial Election for any or all candidates for office concerning which there is no contest pending.
Section 12. The following officers shall be delegates to the American Federation of Musicians Convention and the Midwest Conference of Musicians in the following order: President, Secretary-Treasurer, Vice-President, and Executive Committee members in order of their vote standing in the last election.
Section 13. If any section of the ballot is found to be invalid for any reason, then only the invalid sections of the ballot are to be judged null and void.
Section 14. Notification of the nomination of officers meeting shall be issued by mail at least fifteen (15) days in advance to give each member reasonable time to comply with the By-Laws and freely nominate the person of their choice. The notice must state the offices to be filled by nomination, the time and place of the nomination, and the procedure for submitting nominations.
Section 15. A notice of election including a ballot listing the office to be filled and those nominated for the various offices to be filled, must be mailed to each member at their last known address not less than fifteen (15) days prior to the election.
Section 16. All candidates shall be entitled to have one (1) observer at the counting of the ballots.

ARTICLE IX - FUNDS
Section 1. Every regular member shall pay initiation and membership work dues in accordance with the current dues schedule approved by the Executive Board and the general membership.
Section 2. The Local Work Dues Equivalent is applicable to all Federation members and is levied on all engagements played in the jurisdiction of Local 75.
Section 3. The Local Work Dues Equivalent applies to the minimum wage scale of Local 75, and applies to all income on musical engagements whether steady or incidental and includes over-time and extra shows.
Section 4. Members refusing to pay the Local Work Dues Equivalent or in any manner hampering the work of the Contractor respecting the collection of same, shall be reported by the Contractor on the engagement and be cited before the Executive Board, and if found guilty, be penalized at the discretion of the Executive Board.
Section 5. All members of the Des Moines Musicians Association, Local 75, American Federation of Musicians, as a condition of union membership, are required to execute the following form of written authorization and assignment, and file the same with the Secretary-Treasurer of this Local:

DUES AUTHORIZATION
LOCAL #75, A.F. OF M.

I hereby authorize my employer, whoever they may be, to deduct from my wages for each engagement and pay over to the above-named A.F. of M. Local, the dues based on earnings established by said Local. This authorization and assignment shall be irrevocable for a term of one year from the date hereof and shall automatically renew itself for successive annual periods unless I give written notice of revocation to said Local at least sixty (60) days before the periodic renewal date of this authorization.
Signature: Address: Date:
Section 6. No money in excess of Fifty Dollars ($50.00) shall be donated for any purpose whatever, except at a regular meeting of the Association, and then by a Two-Thirds (2/3) vote of all members present.

ARTICLE X - MEETINGS
Section 1. The regular quarterly meetings of this Association shall be held as the Executive Board directs. In the absence of the President and the Vice-President, the Secretary-Treasurer shall call the meeting to order and the members shall elect one of those present to preside over the meeting.
Section 2. The regular quarterly meeting in January following an election year shall be known as the Biennial Meeting of the Association, at which time, the officers going out of office shall render their final accounts and reports, and turn over all the property to their duly elected and qualified successors in office, who shall then enter upon the duties of their offices.
Section 3. Special meetings of the Association can be called by the President at the written request of ten (10) members of good standing. The entire membership is to be notified of any special meeting.
Section 4. All meetings will be conducted following Roberts Rules of Order.
Section 5. A roll call of officers shall be made at each meeting of the Local and a record of attendance shall be made in the minutes, the same to be read at the meeting in which the nomination of officers for the ensuring tenure are made.
Section 6. Final approval of the decisions of the Executive Board shall be made, immediately after the reading of the minutes, of each Executive Board Action.

ARTICLE XI - QUORUM
Section 1. Two percent (2%) of the members in good standing (rounded to the nearest whole number) plus the total number of officers and executive board members, at any regular or special meeting of this Association, shall constitute a quorum and be authorized to transact the business of this Association. In the event the Quorum is not present, the Chair shall determine if a quorum of the Executive Board is present, and if so, shall open the meeting of the Executive Board, inviting other members present to participate in discussions, but with no voting power.

ARTICLE XII- REPEAL AND AMENDMENTS
Section 1. All propositions to repeal or amend any part of the Constitution, Price List or By-Laws, shall be submitted in writing at a regular meeting of the Association, or a meeting of the Executive Board, but no such proposition shall be acted upon until the next meeting thereafter, and no repeal or amendment of any part or provision thereof can be had unless by a two-thirds (2/3) vote of the members present.

ARTICLE XIII - DISSOLUTION
Section 1. This Association can only be dissolved by the concurrence of ninety-five percent (95%) of the membership of this Association, or the minimum as described in the American Federation of Musicians' By-Laws.

ARTICLE XIV - ENGAGEMENTS
Section 1. Any member wishing to act as a Contractor/Leader must assume or assign the responsibility for the collection and payment of all Federal and State taxes, and the wages of the members of this Local.
Section 2. All engagements must be contracted for in writing on the form or forms of contract specified by the American Federation of Musicians.
Section 3. Contracts filed in the office of the Secretary-Treasurer of Local 75 may only be subject to inspection by the President, Vice-President, Secretary-Treasurer and the Business Agent of the Local. Such contracts are to be deemed confidential and are not subject to inspection by any other members, unless, in the opinion of the Executive Board, sufficient cause is shown for such inspection.
Section 4. All Leaders, Contractors and Sidemen on steady engagements are held to two (2) weeks' written notice, or such notice as is mutually agreed upon by all parties concerned. Exceptions may be granted for extenuating circumstances, which circumstances do not include the playing of other engagements.
A. For said written notice to be honored by the Executive Board, a duplicate must be filed in the Secretary-Treasurer's office within Forty-eight (48) hours of giving the written notice to the other party.
B. In the event that an engagement is not contracted for more than two (2) weeks in advance, no cancellation is possible, by either party except by mutual consent or extenuating circumstances.
Section 5. All Leaders, Contractors and Sidemen of miscellaneous engagements are held to a two (2) weeks' written notice on all dates which have been distributed to members of the organization, or which have been agreed upon.
Section 6. In the event a substitute is needed at any time for any part of an engagement, it shall be the responsibility of the person needing the substitute, unless released by the Contractor, to engage a substitute acceptable to the Contractor.
Section 7. If any deviation from the standard practice of musicians working in one set requires the use of extra equipment of instruments, the employer must bear all extra costs.

ARTICLE XV - MISCELLANEOUS RULES
Section 1. Any member being found guilty of submitting a price on any kind of work at the schedule price and then agreeing to take admissions or tickets to any member, or kind of barter (scale does not include barter) for the purpose of securing the engagement against other competitors, shall be fined double the schedule price for such work, per man.
Section 2. Any member who has been suspended from membership shall pay any fine imposed before they can be reinstated.
Section 3. Every member before an engagement must produce on demand their membership card, to the Secretary-Treasurer, Contractor, Leader or Members of the orchestra or band, and satisfy those persons of their good standing in the Association.
Section 4. Any misbehavior or acts that are detrimental to the best interests of the Local on the part of a member, upon report to the Board by anyone interested in the welfare of the Local will be investigated by the Executive Board.
Section 5. Whenever any member of this Association has not been paid their salary by any manager, conductor or agent, they shall notify the President of this Association, who shall lay the matter before the Executive Board for investigation. If the claim be proved a just one, the name of said manager, conductor or agent shall be placed upon the "Defaulters List". No member, after being duly informed, shall accept or make any engagement with such parties or their agents until all claims of the complaining member are settled. Any member committing such an offense shall be fined or expelled at the discretion of the Executive Board.
Section 6. Any engagement not mentioned in the price list shall be brought before the Executive Board. In case it is impossible to secure a meeting of said Board, the President shall fix a temporary price on the same, until the next regular meeting of the Association.
Section 7. No member of this Association shall be allowed to vote by proxy at any regular or special meeting.
Section 8. All monies due members must be paid within Fourteen (14) days after collection. If not collected within that time, the account must be turned over to the Executive Board for collection, upon the application of any person having money due for said engagement.
Section 9. No member of Local 75 shall donate their services under any circumstances, without permission of Local 75, except when they are providing service for that organization's function(s) as a member of that organization. When a performance is needed for a function that is other than of that organization, none but members of Local 75 are to be engaged if that member is to perform.

Total liability for errors and omissions is limited to an addendum to this directory, which will be provided to the membership within 180 days of this publication date.