LJS articles

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.
8.2. Supervises compliance with labour laws, pursues absence of any violations of collective contracts, agreements, social contracts, rights of workers and occupational safety norms. Seeks and demands from the management bodies and administration of shipping companies and enterprises to comply with them.
8.3. Represent and defends rights and legal demands of LSU, ITF and ETF members during resolution of labour disputes in court, labour arbitration, state and executive authorities in the Republic of Lithuania and, with assistance of the International Transport Workers Federation and the European Transport Workers Federation, abroad. Provides legal, financial support for LSU members.
8.4. Demands to suspend works if continuing such works may cause emergency, danger for people’s life or health, cause considerable damage to environment.
8.5. Demands from an employer to withdraw their decisions which violate labour, economical and social rights and interests of LSU members presupposed by legislative enactments of the Republic of Lithuania.
8.6. Demands from state and administrative institutions, employers to provide information necessary for its activities regarding labour, economical and social issues.
8.7. Demands that labour, economical, social issues in cases presupposed by the legislative enactments of the Republic of Lithuania be resolved with LSU Board’s approval.
8.8. Controls how an employer follows and complies with labour, economical, social laws connected with rights and interests of workers, Collective contract and agreements. With this purpose it may found inspections, legal support services or use assistance of such services. Members of LSU Board or authorized representatives carrying our the control functions specified herein have a right to visit without hindrance enterprises, subdivisions and ships where LSU, ITF and ETF members work, to familiarize themselves with documents regarding labour, economical and social conditions.
8.9. Cooperates with Lithuanian and foreign trade unions and other organizations, supports and encourages education, professional training of seamen and propaganda of maritime culture.

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.
12.2. LSU Board puts its demands in exact and justified manner, presents them in writing and hands in to an employer or a subject of a collective contract. In the demands it is stated that an employer or a subject of a collective contract to which such demands are advanced should comply with requrements of legislative enactments of the Republic of Lithuania.
12.3. If a collective disagreement cannot be resolved in the order set forth by the legislation of the Republic of Lithuania ori f an employer does not fulfill decisions of a mediation commission (labour arbitration, court of referees), LSU may make a decision to declare a strike (including a warning one) at such enterprise.

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.
13.2. A strike is declared if it was secretly voted for:
- To declare a strike at an enterprise - 2/3 of its workers;
- To declare a strike at a structural subdivision - 2/3 of this subdivision’s workers and more than a half (1/2) of all the workers at an enterprise.
13.3. Provided there is the necessary majority of votes a strike is declared by a meeting (conference) of the LSU division. The strik eis lead by the strike committee elected at the meeting (conference) of the LSU division.

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;
18.2. To supervise, control activities of LSU bodies, to make proposals, to criticize work of LSU bodies, officers;
18.3. To receive information about work of LSU bodies;
18.4. To receive from LSU legal support and defence in state authorities and in court, in case of conflicts with employer in the Republic of Lithuania and abroad;
18.5. To receive legal support on all the issues connected with employment;
18.6. To hand in an application to leave LSU, having paid membership fees up to the moment of leaving LSU and having returned a membership card.

19.

LSU members should:

19.1. Follow the present Bylaws and decisions of LSU management bodies;
19.2. Respectfully represent LSU and defend its interests;
19.3. Actively participate in the LSU activities;
19.4. Pay membership fees of set amount to LSU from the income received for their work;
19.5. Comply with requests provided in the Collective and labour contract, as well as in agreements between LSU and employers;
19.6. Observe professional ethics and keep the honour of Lithuanian seaman.

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;
31.2. Reads over reports of LSU Chairman and Revision Committee for the reporting period, makes decisions;
31.3. Reads over and approves a report of Treasury Committee;
31.4. May pass a no-confidence motion against LSU Board, LSU Chairman before the end of their cadence;
31.5. Elects LSU Board, Treasury and Revision Committees;
31.6. Approves or grants authorities to LSU Board to approve amounts of LSU entrance and membership fees;
31.7. Grants authorities to an LSU member to conclude and sign on behalf of LSU a labour contract with newly elected LSU Chairman.
31.8. Solves other issues proposed by LSU Board.

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;
33.2. To call conferences, to determine a number of delegates, representation of delegates for LSU divisions and LSU members who are not members of LSU divisions, to set a date, place of the conference;
33.3. To prepare and propose issues to be considered by the conference;
33.4. To elect for the LSU Board members and kandidates for LSU Board members the chairman, his three deputies, a secretary for four years or to make a decision to inkite specialists for these positions having signed labour contracts, or to dismiss them before the end of the term of contract, if there is a valid reason;
33.5. To make a decision to found or close LSU divisions or LSU groups;
33.6. To approve appointment of chairmen of LSU divisions uniting more than 250 LSU members and their deputies for four years;
33.7. To approve authorized delegates of LSU groups;
33.8. To accept to and expel from LSU;
33.9. To create permanent and temporary committees, to confirm directions of their work;
33.10. To confirm amount of LSU staff members, their positions and salaries, to confirm their position descriptions;
33.11. To confirm income and expendtures calculation (budget) prepared by the LSU Treasury Committee and to control its fulfillment.
33.12. To set financial benefits for LSU members, to dispose of LSU property and funds;
33.13. To make a decision to grant the name of Honoured member of LSU.
33.14. To make a decision to put LSU members forward for decoration with “Badge of honour of a sea transport worker of the Republic of Lithuania” or other awards of the Republic of Lithuania;
33.15. To open and keep relations with international, foreign and Lithuanian trade unions and other organizations, with other physical and legal entities abroad and in Lithuania;
33.16. To make decisions about transfer from candidates to members of LSU Board;
33.17. To consider and solve other important issues of LSU.

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;
37.2. Signs on behalf of LSU documents, powers of attorney;
37.3. Concludes and signs on behalf of LSU Collective contracts with employers in Lithuania and abroad;
37.4. Hires staff members, concludes labour contracts with them and dismisses them from work in the order set forth by the legislation of the Republic of Lithuania;
37.5. Manages LSU activities, presides at the Board sessions. If the LSU Chairman for some reason temporary is unable to be present, against the chairman‘s power of attorney his duties are performed by his deputy;
37.6. Signs job descriptions for staff members hired under labour contracts;
37.7. Concludes and signs on behalf of LSU agreements and contracts. If such contracts are not fulfilled, organizes solutions of disputes and actions.

38.

The Lithuanian Seamen’s Union includes the following LSU divisions:
— Lithuanian Sea Fleet LSU division (shortly – LSF LSU division);
— DFDS LISCO LSU division;
— AURA SHIPPING LSU division;
— Shipping company LIMARKO LSU division (shortly –LIMARKO LSU division);
— BALTNAUTIKAS LSU division;
— NOVIKONTAS LSU division;
— LSU division at the Directorate of the Klaipeda State Sea Port (shortly – DKSSP LSU division);
— SLU division at the company “Klaipėdos jūrų krovinių kompanija” (shortly –KLASCO LSU division);
— “Klaipėdos Smeltė” LSU division;
— Divisions 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. 
42.2. Reads over a report of the Chairman of LSU division on the work done by the committee during the reporting period;
42.3. Elects delegates for LSU conference;
42.4. Considers and makes decisions on all the other issues referring to the competence of a division.

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;
43.2. Elects delegates for LSU conference;
43.3. Considers and makes decisions on all the other issues referring to the competence of a division.

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;
44.2. Approves plan of work and sets periodicity of committee sessions;
44.3. Participates in preparation of the Collective contract and controls its fulfillment;
44.4. Represents and defends rights and interests of LSU division members;
44.5. Accepts new members to LSU;
44.6. Presents to the LSU Board proposals regarding expelling from LSU;
44.7. Has a seal with the name of the division;
44.8. Solves all the other current issues connected with the LSU division activities.

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;
45.2. Manages work of a division, presides at the sessions of the LSU division committee. If the chairman for some valid reason cannot participate, on the basis of the chairman’s power of attorney his duties are performed by his deputy;
45.3. Implements decisions of the conference and LSU Board, meeting (conference) of an LSU division or a committee;
45.4. Provides the Chairmand and the LSU Board with information about current situation and problems in the division and at the enterprise which he represents. Proposals, for solution and implementation of which a decision of the LSU Board is needed, should be presented in writing;
45.5. If necessary, invites the chairman of LSU or other members of the LSU Board to the sessions of the committee, meetings (conferences) of LSU division, meetings with workers;
45.6. Fulfils other requirements of the LSU Bylaws and job descriptions (instructions) referring to the competence of the chairman of an LSU division.

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;
48.2. To keep closely in touch with and participate in the work of the LSU division committee, the LSU Board, to inform them about the group‘s problems. He has a deliberative vote at the committee sessions;
48.3. To familiarize members of the group with decisions (decrees) of the LSU Board, the division ocmmittee, with Collective contract and the course of its fulfillment, to collect and present to the commettee (the chairman) of the LSU division proposals regarding a new contract;
48.4. To help members of the group to receive necessary assistance and information;
48.5. To present to the chairman of the LSU division and the LSU division committee information about current situation and problems in the group which he represents. Proposals, for solution and implementation of which a decision of the LSU division committee or the LSU division conference is needed are to be presented in writing;
48.6. If necessary, to invite the chairman of the LSU division or other members of the committee to the meetings of the 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.

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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).

The Chairman
Of the Lithuanian Seamen’s Union

 
Petras Bekeza