SP&S

Preamble to By-Laws

These By-Laws and rules recommend that the member or members taking the greatest interest in the affairs of the Association, and providing the most comforts and cheer for the disabled members, should be rewarded by nomination to the Board of Trustees, or others honors the membership so desires to bestow upon him. Furthermore, as this is a mutual organization for our own welfare, and that we may be able to do some good for our fellowmen, through relief and acts of kindness during their misfortune, it is understood that should the funds become depleted to such an extent, through loss of members or unforeseen incident, that makes it impossible to pay claims, the members of the Board of Trustees and other members cannot be held responsible or liable for such claims.

These By-Laws were amended February 22, 1998, superseding all previous issues.

Instructions For Filing Claims

1. Notify the Secretary-Treasurer of disability, by phone or mail, within the first thirty (30) days of the beginning of disability.

2. The Secretary-Treasurer will, immediately upon receipt of notification of disability, mail you a claim form to be used in filing your claim.

3. All questions on the claim form must be answered fully. Statement of attending physician must accompany all claims. No claim will be paid without a physician's signed statement (with physicians address and phone#).

4. Where a disability extends over a period of more than 30 days, a claim on the prescribed form must be submitted to the Secretary-Treasurer at the end of each 30 day period. If the disability is less than 30 days, the claim must be filed immediately after returning to work.

5. No compensation will be paid where the claimant is delinquent in his/her dues.

To expedite the payment of claims and avoid any misunderstanding it is important that you follow the above instructions.

S.P.& S. EMPLOYEES' MUTUAL WELFARE ASSOCIATION

BY-LAWS

Revised February 22, 1998

ARTICLE I. - NAME

This organization shall be known as the S. P. & S. Employees' Mutual Welfare Association with headquarters located in the Portland, Oregon or Vancouver, Washington area. The home address of the existing Secretary-Treasurer shall be recognized as the business office of the organization. Unless otherwise ordered by a vote at a regular annual meeting of the Association.

ARTICLE II. - For What Organized

An organization of the employees' of the former S. P. & S. Railroad System , and Burlington Northern Inc. for the purpose of providing relief and assistance to its members or dependents in case of illness, accident, or death.

ARTICLE III. - Officers

The officers of this association shall consist of a Chairman, Vice-Chairman and Secretary-Treasurer.

ARTICLE IV. - How Governed

This association shall be governed by a Board of Directors, consisting of five (5) members, who will also act as the Board of Trustees, namely: Chairman, Vice-Chairman, and three (3) associate members.

ARTICLE V. - Duties of Officers and How Elected

(a) The duties of the officers are to direct the activities of this association.

(b) The Secretary-Treasurer will handle all moneys of this association.

(c) The Secretary-Treasurer will make available a quarterly report of all receipts and disbursements of this association, which report shall be checked and approved by the Board of Trustees. Copies of an annual report will be made available to members upon request.

(d) The officers of this Association shall be elected by referendum vote, beginning with the election of officers held March 29, 1936.

On or about the 1st day of September (actual date to be posted at least ten days prior) of the year designated by the Chairman of the Board of Directors, a meeting will be called for the purpose of nomination of officers and such other business as may properly be brought before it.

Nominations for the various officers shall be in the form of a nominating petition signed by five (5) or more members of the association, and shall be in the hands of the Secretary-Treasurer before this meeting is called to order.

If there are two or more candidates for any of the various offices the Secretary-Treasurer shall have ballots printed, giving the names of such candidates, and shall mail one to each member entitled to vote for such officers at least ten (10) days before the day set for the election of officers. Ballots shall be returned to the Secretary-Treasurer prior to the counting of ballots on set date. The candidates receiving pluralities of the votes cast shall be declared elected. If one or more of the candidates does not receive a plurality of the votes for an office, the members present shall proceed with the election, using the names of the candidates on the referendum ballot. The officer or officers elected in either case shall assume office on or about October 1st following, and continue therein until their successors are duly elected and qualified.

The Board of Directors shall call a meeting on or about September 1st, this meeting to be the annual business meeting for such business as may properly come before it and for the election of officers. The time and place of such meeting shall be designated by the Board of Directors.

The associate members of the Board of Directors shall be elected by a vote of the members present at the regular annual meeting, and shall serve for a period of one year or until their successors are duly elected and qualified. The candidates receiving the greatest number of votes shall be declared elected.

(e) In order to hold an office in this association the candidates must have been a member continuously for a period of one year immediately preceding the date set for the nomination of officers. Active members only shall be eligible to hold an office. In the event of retirement of an officer or member of the Board of Directors, the vacancy will be filled at the first annual meeting, or sooner if requested by the retired member.

(f) In the event of vacancy of an officer or member of the Board of Directors, by resignation or other unforeseen incident, the Board of Directors may appoint a qualified member of the Association to fulfill the duties of the vacancy until the next annual meeting.

ARTICLE VI. - Disbursements

(a) No moneys will leave the treasury without the approval of the Board. Checks issued by the Secretary-Treasurer will be countersigned by the Chairman. In the absence of the Chairman the Vice-Chairman will countersign the checks.

(b) Vouchers

Incidental disbursements for running expenses and minor relief to the sick and disabled shall be accounted for in the records by a receipt taken at the time of purchase for amounts of one dollar ($1.00) or more.

This includes postal supplies, the itemized receipt having post office clerk stamp directly under the total amount.

Article VII. - Right of Board of Directors

(a) The Board of Directors have the right to expel from this organization any member who, after a fair and impartial hearing, has been found guilty of dishonesty or fraud or who is not acting for the good of the Association. Members so expelled can only be reinstated by a majority vote of the members present at the next regular meeting of the Association.

(b) The Board of Directors shall have the right to call special meetings at any time they deem such a meeting necessary to the best interests of the Association. Any action by a two-thirds' majority of the members present at such a meeting shall be considered legal. Provided, however, notice of such meeting has been posted on the various bulletin boards over the system at least one week prior to date of meeting, and purpose of meeting stated in meeting notice.

Article VIII. - Dues

Dues are payable in advance and no benefits will be paid when the claimant is in arrears in his/her dues.

The dues in this Association shall be:

Class "C" $6.00 per month, Class "D" $12.00 per month,

Class "E" $20.00 per month, Class "F" $30.00 per month.

Membership shall date from the day application is approved by the Board of Directors

ARTICLE IX. - Eligibility for Membership

(a) Any employee in active service on the Burlington Northern Santa Fe, including Amtrak employees having retained seniority on Burlington Northern Santa Fe, in good health and has not reached his or her 55th birth date shall be eligible for membership in Class "E" or Class "F".

(b) All applications are subject to the approval of the Board of Directors. The applicant will sign an order on the prescribed form, authorizing the Railroad Company to deduct from wages due him or her, the monthly dues as hereinafter provided. Order to be drawn in favor of the S.P.&S. Employees' Mutual Welfare Association.

(c) Membership is limited to one benefit class at any one time.

(d) Any current member who elects to terminate his or her membership with the Association will forfeit his or her eligibility for future membership.

ARTICLE X. - Benefits

(a) Any member disabled through illness or injury, under the care of a reputable physician shall be entitled to compensation at the following rates:

Class "C" $4.00 per day. (active members only)

Class "D" $8.00 per day. (active members only)

Class "E" $15.00 per day.

Class "F" $25.00 per day.

Compensation will be paid from the first day of such disability and continue for the duration of such disability; provided, however that in no case shall compensation be paid for a period exceeding 26 weeks in any one sickness or injury.

In the event of the death of any active member, his or her beneficiary shall be paid the following sum:

Class "C" $350.00; Class "D" $700.00.

Class "E" & Class "F" have no death benefit.

Payment to be made immediately upon receipt of proof of death subject to the provisions of Article XI, Sec. (a) and Article XIII, Sec. (a).

A person who is already an active member under Class "C" may change his or her membership to class "D" with future disability compensation to be paid at the Class "D" rate. However if such member has reached his or her 55th birth date on or before the date application is made to change membership to Class "D", the death benefits shall remain at the level of the class of which he or she was a member prior to the date application for change is made.

(b) ALL CLAIMS FOR COMPENSATION MUST BE SUBMITTED TO THE SECRETARY-TREASURER WITHIN 30 DAYS FROM THE BEGINNING OF SUCH CLAIM. COMPENSATION FOR CLAIMS WILL NOT BE PAID UNDER ANY CONSIDERATION FOR FAILURE TO SUBMIT CLAIM WITHIN THE PRESCRIBED TIME LIMIT AND SHALL AUTOMATICALLY RELEASE THE ASSOCIATION FROM ALL LIABILITY FOR PAYMENT OF SUCH CLAIM, EXCEPT, WHERE IT IS PROVEN THAT IT WAS IMPOSSIBLE TO SUBMIT CLAIM WITHIN THE PRESCRIBED TIME LIMIT.

WHERE A DISABILITY IS LIABLE TO EXTEND OVER A PERIOD OF MORE THAN 30 DAYS A CLAIM ON THE PRESCRIBED FORM MUST BE SUBMITTED TO THE SECRETARY-TREASURER AT THE END OF EACH 30-DAY PERIOD. IF THE DISABILITY IS OF LESS THAN 30 DAYS, CLAIM ON THE PRESCRIBED FORM MUST BE FILED IMMEDIATELY AFTER RETURNING TO WORK.

(c) NOTIFICATION OF DISABILITY MUST BE MADE TO THE SECRETARY-TREASURER IN WRITING WITHIN FIVE (5) DAYS FROM THE BEGINNING OF SUCH DISABILITY.

ANY MEMBER FAILING TO GIVE SUCH NOTIFICATION SHALL NOT BE ENTITLED TO BENEFITS UNTIL AFTER THE EXPIRATION OF FIVE (5) DAYS FROM THE COMMENCEMENT DATE OF SUCH DISABILITY. EXCEPT WHERE IT IS PROVEN THAT IT WAS IMPOSSIBLE TO GIVE SUCH NOTIFICATION.

ARTICLE XI. - Benefits Not Paid

(a) It shall be recognized that the Mutual Welfare Association and the Benefit Association are fundamentally one organization; therefore, no benefits shall be paid from either source for the injury of death resulting directly or indirectly from intentionally self-inflicted injury or from suicide.

(b) No benefit shall be paid for loss resulting from sickness or injury originating prior to date of membership, or for sickness occurring within the first 90 days of membership.

(c) No benefit shall be paid for pregnancy.

ARTICLE XII. - TIME LIMIT

(a) No member of this Association shall be entitled to receive more than 26 week benefits in any one 12 month period.

(b) A full term of 26 weeks in aggregate shall be paid only once for disability resulting from any disease or injury which has been adjudged chronic or recurrent by a reputable physician or board members of this Association.

(c) When a member has received maximum benefits per sections (a) and (b) above, additional benefits, for other illnesses or injuries, will only be paid if the member has returned to active service from that benefit period.

(d) The Board of Directors have the right to require a claimant for compensation to be examined by a reputable physician at any time during the period of disability for which compensation is claimed. Expense of such examination to be borne by the Association.

Contact Us

Mike Cousineau
452 NE Laura Ave
Gresham OR 97030
Phone: (503) 669-8906
Fax: (503) 618-0392

Chairman

John A. Colombo jyc14@comcast.net

Vice Chairman

Ronald H. McCartney mccartney36@comcast.net

Secretary/Treasurer

Michael Cousineau mrcuz@comcast.net

Board Members

Brian Campbell darkmatter341@bnsf.com

Brian Olmstead bsolmstead@hotmail.com

Ryan Swayze swayzeryan9@hotmail.com