Sec. 1. Authority to Publish. The Executive Manager shall publish tariffs, supplements thereto, sections, items or rate tables therein at the direction of the Board of Directors or a Tariff Committee of any Division of the Association pursuant to the procedures provided in this Article. Each member of the Association shall execute power of attorney in a form satisfactory to the Association to allow the Executive Manager to publish said tariffs on behalf of these members and each member shall file a verified statement with the Michigan Public Service Commission as required by Public Act No. 399 of 1982.

Sec. 2. Tariff Committees. The President of the Association shall appoint Tariff Committees for each Division except that the Division Vice Presidents for the Heavy Commodities and Local Transportation-Detroit Divisions shall appoint Tariff Committees for the respective Divisions. Each Tariff Committee shall consist of not less than three (3) members of its Division who shall be appointed for one (1) year terms. One member of each Committee shall be appointed, as Chairman and the Executive Manager of the Association shall act as Secretary.

Sec. 3. Tariff Proposals. Any member of this Association, any carrier for hire not a member of this Association, or any shipper or receiver of freight for hire may submit in writing to the Executive Manager a proposal for the establishment of any rate or change in present rates, classifications, exceptions to classifications, divisions, allowances, commodities named in any tariff published by this Association or any Division of the Association. The written proposal shall be accompanied by a statement of proposal complying with this section, the Executive Manager shall docket said proposal and forward it to the Tariff Committee of the Division the proposal applies to. Each tariff proposal shall relate exclusively to carriers of the same mode, except as it relates to transportation under joint rates or over through rates.

Sec. 4. Notice of Tariff Committee Meetings. The Tariff Committee to which a proposal has been submitted shall schedule a meeting to consider such proposal and the accompanying statement of justification. The Executive Manager shall post a notice of said meeting at the Association's principal place of business and at the Michigan Public Service Commission at least eight (8) business days before the date of the meeting, which notice shall state the name of the organization, its address, telephone number, meeting docket or agenda, the place, date and time of the meeting, and a statement that the meeting is open to the public. For a rescheduled meeting, a public notice as described above shall be posted 18 hours in advance of the meeting. A meeting, which is recessed for more than 36 hours, shall be reconvened only after public notice equivalent to that required for the original notice. Upon the written request of any person, and upon that person's payment of a yearly fee of not more than the reasonable estimated cost for printing, handling and postage of such notices, the Association shall send to the requesting party by first class mail, a copy of all such notices for the year in question.

Sec. 5. Tariff Committee Meetings. Any person, without the necessity of fulfilling any condition precedent to attendance, shall have the right to attend any meeting of a Tariff Committee and be heard during a time set aside for public comment. At any Tariff Committee meeting, the Tariff Committee shall not consider any change in the proposal before it which would have the effect of broadening the proposal or increasing a proposed rate or charge, but it may consider a change in such proposal which will diminish the proposal without decreasing current rates or charges. The Tariff Committee, after consideration of the proposal before it, shall approve, disapprove, approve upon condition or defer consideration pending further investigation. Any Tariff Committee decision concerning a proposal must be approved by the Board of Directors of the Association prior to publication. A motor common carrier shall not vote on rates unless the carrier has authority to participate in the movement being voted on. Written notice of the Tariff Committee's decision will be given to the Board of Directors of the Association by the Executive Manager and if any member of the Board of Directors objects to the decision within ten (10) working days of the notice, the matter shall be considered at a meeting of the Board of Directors of the Association for that purpose. The portion of any meeting of the Board of Directors or any further meeting of the Tariff Committees shall be open to the public who may be heard and the Notice and Minutes requirements of Section 4 and 6 of this Article shall be applicable to said meetings. Informal meetings held in advance of any formal meeting to consider tariff proposals, for the purpose of determining what will be decided formally, are prohibited. After final disposition of the proposal is arrived at pursuant to this section, the Executive Manager shall send a docket disposition notice to all members of the Association.

Sec. 6. Minutes of Meetings. The Executive Manager shall cause to be kept minutes of all meetings of the organization at which proposals are discussed concerning the establishment of any rate or change in present rates, classifications, exceptions to classifications, divisions, allowances, ratings, rules, regulations or practices governing transportation of any commodities named in any tariff published by this Association. Proposed minutes shall be available for inspection by the general public and shall be submitted to the Michigan Public Service Commission on or before the seventh (7th) business day after such meeting. Approved minutes shall be available for public inspection not later than five (5) business days after the meeting at which the minutes are approved. Copies of approved minutes, when different from the proposed minutes, shall be submitted to the Michigan Public Service Commission not more than eight (8) business days after they are approved. Copies of the minutes shall be available to the public at the reasonable estimated cost for printing and copying. The minutes of such meeting shall contain the date, time and place of meeting, members present, members absent, decisions taken, and roll call votes on rates, charges or tariff items.

Sec. 7. Independent Action. There is reserved to each member of the Association of the free and unrestrained right to take independent action. Such right of independent action shall include any action by a member of the Association to do any of the following: (a) establish a rate to be published in the appropriate Association tariff, or to cancel a rate for that member's account. (b) Instruct the Association that an existing rate, whether established by independent action or collective action, that is proposed to be changed or canceled, be retained for that member's account and published in the appropriate Association tariff, and (c) have published for its account in the appropriate Association tariff a rate established by the independent action of another member. The Association to the membership of the Association will give no prior notice of any independent action. No member or members shall retaliate, by any means whatsoever, against another member because that member took independent action. The Association will change or cancel a rate established by independent action only for the purposes of tariff simplification, removal of discrimination, or elimination of obsolete items, and only with the permission of the participating carriers.

Sec. 1. When tariffs are published and constructed for a Division, the membership thereof shall be assessed therefore at an amount determined by the Board of Directors.

Sec. 2. When tariffs are constructed and published for individual persons, firms or corporations, such firms, persons or corporations shall be assessed therefore at an amount determined by the Board of Directors.

Sec. 3. Tariffs shall be sold to the membership at a cost per each as determined by the Board of Directors.

Sec. 1. The Board of Directors at any regular or special meeting may authorize departure from the procedures outlined in Article XIX or an entire new or different procedure when in its opinion there is an emergency requiring same, except that none of the provisions of Article XIX that are required by Public Act No. 399 of 1982 shall be waived or otherwise departed from. Such action shall be subject to the approval of the membership at the first regular or special meeting thereafter. Provided, however, that no procedure so authorized by the Board of Directors shall ever be construed as abridging the right of each member to take independent action.

Sec. 1. At any annual meeting, semi-annual meeting or special meetings at which not less than ten (10) active members are present, a Code of Ethics applicable to all members of the Association may be adopted, amended or repealed by a majority vote of the active members present at such meeting.