STATUTE OF LITHUANIAN SEAMEN’S UNION
1. GENERAL PROVISIONS | |
1. | Lithuanian Seamen‘s Union (hereinafter – LSU) is a voluntary, independent and self-regulating national trade unijon of Lithuania representing and defending professional, labour, economical and social rights and interests of seamen and other pProfessional workers whose work is connected with fleet or its servicing in Lithuania and abroad. |
2. | Lithuanian Seamen’s Union in English is called Lithuanian Seafarers’ Union, in Russian – «Союз Моряков Литвы». Abbreviated name of the Lithuanian Seamen’s union in Lithuanian is LJS, in English – LSU, in Russian – CMЛ. |
3. | LSU was founded on March 11, 1923, restored on May 27, 1989. Its management bodies are situated in Klaipeda, Vilties St. 6 – 5. |
4. | LSU is a legal entity acting on the territory of the Republic of Lithuania, it has a seal of the established standard form, a letterhead, bank accounts and simbols. |
5. | LSU’s activities are regulated by the Constitution of the Republic of Lithuania, Trade Union Law and other laws of the Republic of Lithuania, legislative enactments of the Republic of Lithuania and the present Bylaws, conventions of the International Labour Organization and legislative enactments of the European Union. |
6. | LSU cooperates with other trade unions acting in the Republic of Lithuania and abroad, it is a member of the International Transport Workers Federation (ITF) and the European Transport Workers Federation (ETF). LSU represents and defendes rights and interests of seamen, ITF and ETF members, in Lithuania. |
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2. GOALS AND TASKS OF THE LITHUANIAN SEAMEN’S UNION | |
7. | The LSU’s main goal is to represent and defend professional, labour, economical and social rights and interests of its members. LSU, against a written request, may also represent, defend interests of people who are not LSU members. |
8. |
Seeking to reach and implement its goals, defending rights and interests of LSU members, the Lithuanian Seamen’s Union: 8.1. Under Lithuanian and international legislative enactments, independently or together with other trade unions concludes with employers Collective agreements. |
9. | LSU holds meetings, conferences, in the order specified by law organizes and supports actions to defend rights and legal interests of its members and members of other trade unions. |
10. | State bodies, employers, their authorized representatives, management bodies, administration of enterprises, institutions, organizations, officers, political parties and other public organizations are prohibited to interfere into the internal affairs of LSU. People hindering LSU‘s legal activities as a trade union shall be brought to responsibility in accordance with law. |
11. | LSU resolves disagreements between the trade unijon and an employer or a subject authorized to conclude a Collective contract in respect of legislation of the Republic of Lithuania, fulfillment or improper fulfillment of the Collective contract by negotiations. |
12. |
If disagreements between LSU and an employer or a subject authorized to conclude a Collective contract cannot be resolved by negotiations, LSU advances its demands in the following order: 12.1. A decision to advance corresponding demands is made at the LSU Board session if more than a half (I/2) of the LSU Board members vote for the proposal to advance certain demands. |
13. |
In accordance with the order set forth by the legislation of the Republic of Lithuania, an LSU division preparuos and organizes a strike. Suc h strik eis declared in the following order: 13.1. A committee of LSU division ar a division‘s chairman organines and holds a SECRET vote on declaring a strike at an enterprise or structural subdivision. |
14. | The strike is held and a decision to call it off is made under the applicable legislative enactments of the Republic of Lithuania. A strike is called off if at a meeting (conference) of a LSU division this was voted for by at least 2/3 votes. A written decision to call off a strike specifies a date of resumption of work. |
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3. LSU MEMBERS | |
15. | LSU members may be citizens of the Republic of Lithuania and other people permanently residing in Lithuania, having a seaman‘s diploma or qualification certificate of a maritime profession and working on ships bearing a flag of the Republic of Lithuania or another country. LSU members may also be workers of other professions whose main activities are connected with fleet and its servicing. |
16. | An employer or his authorized representative cannot be a member of trade union – LSU division acting at his enterprise, at an institution, organization. |
17. | Semane who have lost job not due to the seaman‘s fault have a right to remain LSU members. |
18. |
LSU members have a right: 18.1. To elect and be elected to LSU management bodies; |
19. |
LSU members should: 19.1. Follow the present Bylaws and decisions of LSU management bodies; |
20. | One can be admitted as LSU member against a written application and after payment of an entrance fee of the set amount. |
21. | One can be admitted as LSU member by a committee of LSU division, LSU Board. |
22. | Record of LSU members is kept by the LSU Board where LSU membership cards are issued. The form of a membership card is approved by the LSU Board. |
23. | An LSU member who fails to comply with LSU Bylaws, does not pay membership fees without a valid excuse for one year, may be expelled from LSU members by a decision of the LSU Board. |
24. | A person who was expelled or left LSU may enter LSU again not earlier than in half a year. |
25. | In cases presupposed by the legislation of the Republic of Lithuania an employer may not fire at his initiative or will or apply a disciplinary punishment to a worker, LSU member elected into the representative bodies witout prior consent of LSU division or LSU Board. A worker elected into the LSU elective bodies and therefore having terminated labour relations is deemed equal to a worker of an enterprise, and all the social guarantees are applicable to him during the whole period of his work at the elective positions. LSU members dismissed due to their election to the elective positions in LSU after the end of their term of authorities are given their previous jobs (positions) at the same or, upon a worker‘s consent, another enterprise, in an institution, organization. |
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4. PRINCIPLES AND STRUCTURE OF LSU ORGANIZATIONAL ACTIVITIES | |
26. | LSU supreme body is a conference held at least once every two years. Reporting and elective conference of LSU is called once every four years. Extraordinary conferences are called at the initiative of LSU Board, Revision Committee or delegates of a meeting (conference) of LSU division upon request of 1/3 of LSU members. |
27. | Delegates are elected for conference at LSU divisions and in the order set forth by LSU Board form a number of LSU members wyo are not members of LSU divisions. Representation of delegates is set as follows: 1 delegate from a corresponding number of members which is specified and confirmed at the LSU Board session two months prior to the date of the conference. LSU Chairman and his deputies have a right to participate in the LSU conference separately, without being elected. |
28. | LSU members should be informed about coming conference in press not later than two months before the scheduled date. |
29. | A conference is deemed legal and accomplished if at least 2/3 of elected deputies participated in it. |
30. | A decision of LSU conference is deemed made if at least half of the delegates participating in the conference voted for it. LSU Bylaws, program, their changes and amendments, as well as decision about termination of LSU activities (its liquidation), are adopted by at least 2/3 of votes of the delegates participating in the conference. |
31. |
LSU conference: 31.1. Approves, changes and amends LSU Bylaws; |
32. | Between the conferences LSU activities are managed by LSU Board. LSU Board consists of 15 members and 5 candidates for LSU Board members elected at the LSU conference by secret voting for four years. |
33. |
Rights and obligations of LSU Board: 33.1. To organize at the period between LSU conferences activities of LSU in accordance with LSU Bylaws, to fulfill decision of conferences and the Board, to solve current issues; |
34. | Sessions of LSU Board are held at least once a month. Decisions of the Board are deemed legal if at least half of the Board members and candidates of LSU Board members participate in the session. Members of the Board and candidates for members of LSU Board who are at sea are not included into the quorum. |
35. | LSU Board members participate in the sessions of LSU Board with a right of decisive vote. Candidates for members of LSU Board participate in the sessions of the Board with a right of deliberative vote. Decisions at the sessions of LSU Board are made by a simple majority of votes (over 50%) of LSU Board members participating in the LSU Board sessions. |
36. | Chairmen of LSU divisions participate in LSU Board sessions with a right of deliberative vote. |
37. |
LSU Chairman: 37.1. Represents LSU in all the issues, in all the bodies, institutions, authorities and organizations in the Republic of Lithuania and abroad without a separate power of attorney; |
38. | The Lithuanian Seafarers’ Union includes the following LSU branches: — DFDS SEAWAYS LSU branch; — LSU division at the Directorate of the Klaipeda State Sea Port (shortly – DKSSP LSU branch); — SLU division at the company “Klaipėdos jūrų krovinių kompanija” (shortly –KLASCO LSU branch); Braches of other enterprises and organizations connected with fleet, irrespective of their form of ownership. |
39. | Against a decision of LSU Board LSU divisions are founded at the shipping companies and other enterprizes activities of which are connected with fleet and its servicing, irrespective of their form of ownership, if there are three or more LSU members working there. An LSU division is not a legal entity. |
40. | An LSU division represents and defends on site interests of its members in the issues of working conditions, salaries, resolution of labour disputes and in other issues, controls conclusion and fulfillment of Collective contracts and agreements with employer. |
41. | The LSU division supreme body is a meeting (conference) of LSU division called once every two years. Reporting and elective meeting (conference) of an LSU division is called once every four years. An extraordinary meeting (conference) of an LSU division may be called against a decision of LSU Board, the division’s committee or against a request of 1/3 of LSU division members. |
42. |
A meeting (conference) of LSU division with participation of at least 250 LSU members: 42.1. Elects an LSU division committee for a period of four years. |
43. |
Meeting (conference) of LSU division uniting up to 250 LSU members: 43.1. Reads over a report of the chairman of LSU division on the work accomplished by him during the reporting period; |
44. |
LSU division committee: 44.1. Elects the chairman of LSU division and his deputy for the period of four years from the committee members; |
45. |
The Chairman of an LSU division: 45.1. Represents the division in all the issues referring to the competence of an LSU division at the enterprise, in institutions and organizations in Lithuania; |
46. | Against a decision of the LSU Board groups may be created at the LSU decision on ships, in subdivisions where there are three or more LSU members working. |
47. | An authorized delegate of an LSU group is approved by the LSU Board for a cadence of two years. |
48. |
Rights and obligations of an authorized delegate of an LSU group: 48.1. To keep a list of his group; |
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5. LSU FUNDS, PROPERTY | |
49. | LSU, represented by its elective bodies, is the owner of funds consisting of: – Entrance and membership fees and property of LSU; – Donated funds; – Contributions of enterprises, institutions and organizations (grants). LSU is a recipient of grants; – Income from production and economical activities; – Other legally received income and property. |
50. | LSU disposes of its funds and property independently, uses them for the needs correspodnign to the goals and tasks of the Bylaws, according to the annual income and expenses calculation (budget) approved at the LSU Board session. Funds necessary for the LSU divisions are allocated from LSU budget. |
51. | LSU is liable for its obligations with the property belonging to it. LSU is not liable for estate liabilities of its members, and LSU members are not liable for the estate liabilities of LSU. |
52. | Those who were expelled or left LSU have no rights for LSU property, entrance and membership fees are not refundable. |
53. | LSU may keep its funds at the banks chosen by the LSU Board, receive interests on deposits, to have shares. |
54. | The LSU Board determins the order of bookkeeping. The chairman of the Treasury Committee of LSU is responsible for bookkeeping and regularly reports about fulfillment of income and expenses calculation (budget) to the LSU Board and Conference. |
55. | The LSU Treasury Committee is elected by open vote at the conference of LSU for the period of four years. The Chairman of the LSU Treasury Committee is elected from the members of the committee at the session of the Treausry Committee. |
56. | Taking into consideration the planned receivable income, LSU needs and proposals of the LSU Board members, the LSU Treasury Committee forms an annual calculation of incomes and expenses (budget) of LSU and presents it for approval to the LSU Board. |
57. | Financial activity of LSU is controlled by the Revision Committee which is elected by the Conferenct of LSU for the period of four years. The Chairman of the LSU Revision Committee is elected from the members of the committee at the session of the Revision Committee. |
58. | The LSU Revision Committee has at least once a year to perform a revision of financial activity and bookkeeping of LSU and to perform a report with its conclusions to the LSU Board and Conference. |
59. | The LSU Revision Committee, having determined during its inspection of financial activity and bookkeeping of LSU any significant violations, has a right to call an extraordinary Conference. |
6. LSU ATTRIBUTES | |
60. | LSU has an emblem and a flag. LSU emblem is a heraldic anchor with the Gediminas columns over it, across the anchor at the horizontal angle there are letters LSU. |
61. | LSU flag is a rectangular canvas of light blue colour with side ratio 1:2, in the geometic center of the flag there is an LSU emblem of blue colour. |
7. SUSPENSION AND TERMINATION OF LSU ACTIVITIES | |
62. | LSU activities may be suspended and terminated: – In the order set forth by the LSU Bylaws; – Against a court decision. |
63. | LSU activities are terminated against a decision of the LSU Conference, if such decision was supported by 2/3 of the votes of participating delegates. |
64. | After termination of LSU activities and its liquidation monetary funds and property of LSU are used for settlements with employees who worked under labour contracts, satsifaction of demands of the state insurance companies, settlements with creditors. The remainign property and funds are used by LSU in the order derermined by the LSU conference (donation, transfer in any other manner to other trade unions, their associations, charity organizations, funds or using in other way). |