ETHICAL PRACTICES CODE
The following Ethical Practices shall apply to
the International Union, all District Councils, every Local Union, all subordinate bodies,
and to every employee, member and officer thereof, and to every union trustee and employee
of any benefit fund or political action committee.
LIUNA's traditions, its Constitution, and federal
law all protect the democratic rights of LIUNA's members to participate fully, without
fear, abuse, or intimidation in all Union affairs. To that end, the following principles
shall be respected.
1. Each member shall be entitled to a full share
in Union self-government. Each member shall have full freedom of speech and the right to
participate in the democratic decisions of the Union. Subject to reasonable rules,
regulations and qualifications, each member shall have the right to run for office, to
nominate through duly established constitutional procedures, and to vote in free, fair and
honest elections. In a democratic union, as in a democratic society, every member has
certain rights but she/he also must accept certain corresponding obligations. Each member
shall have the right freely to criticize the policies and personalities of Union
officials; however, this does not include the right to undermine the Union as an
institution; to vilify other members of the Union and its elected officers or to carry on
activities with complete disregard of the rights of other members and the interests of the
Union; to subvert the Union in collective bargaining or to advocate or engage in dual
2. Local Union membership meetings, District Council delegate meetings, and International Conventions shall be held regularly, with proper notice of time and place and shall be conducted in an atmosphere of fairness.
3. All Union rules and laws must be fairly and uniformly applied and disciplinary procedures shall be fair and afford full due process to each member.
4. The Union shall ensure that its operations shall be conducted in a democratic and fair manner. Corruption, discrimination or anti-democratic procedures shall not be permitted under any circumstances.
Union funds are held in trust for the benefit of
the membership. The membership is entitled to assurance that Union funds are not
dissipated and are spent for proper purposes. The membership is also entitled to be
reasonably informed as to how Union funds are invested or used.
1. The Union shall conduct its proprietary
functions, including all contracts for purchase or sale or for rendering housekeeping
services in accordance with the practice of well-run institutions, including the securing
of competitive bids for major contracts where appropriate.
2. The Union shall not permit any of its funds to be invested in a manner which results in the personal profit, or advantage of any officer or representative of the Union.
3. There shall be no contracts for purchase or sale or for rendering services that result in the personal profit or advantage of any officer or representative of the Union. Nor shall any officer, representative or employee of the International Union, District Council, or any Local Union accept personal profit or special advantage from any action of any officer or representative of the Union.
4. Neither the International Union, District Council or any Local Union shall make loans to its officers, representatives, employees or members, or members of their families, for the purpose of financing the private business of such persons.
Health, Welfare and
1. No official, representative or employee of the
International Union, District Council or a Local Union, nor any union trustee of a benefit
fund, shall receive fees or salaries of any kind from a fund established for the provision
of health, welfare or retirement benefits, except for reasonable reimbursement provided
for in a collective bargaining agreement or trust agreement and expressly approved by the
General President or the Board of Trustees, respectively.
2. No official, employee or other person acting as an agent or representative of the International Union, who exercises responsibilities or influence in the administration of health, welfare and retirement programs or the placement of insurance contracts, shall have any compromising personal ties, direct or indirect, with outside agencies such as insurance carriers, brokers or consultants doing business with the health, welfare and retirement plans.
3. Complete records of the financial operations of all health, welfare and retirement funds and programs shall be maintained in accordance with the best accounting practice. Each Union trustee shall require that each such fund be audited regularly.
4. All such audit reports shall be provided to the International Union and shall be available to the members of the Union covered by the fund.
5. The Union trustees or administrators of such funds shall make a full disclosure and report to the members covered by the fund at least once each year.
Business and Financial
Activities of Union Officials
Any person who represents LIUNA and its members,
whether elected or appointed, has a sacred trust to serve the best interests of the
members and their families. Therefore, every officer and representative must avoid any
outside transaction which creates an actual or potential conflict of interest. The special
fiduciary nature of Union office requires the highest loyalty to the duties of the office.
1. The mailing lists of the Union are valuable
assets. In order to protect the interests of our membership, Union officers and
representatives shall not, under any circumstances, without the express prior written
consent of the General President, turn over a Union mailing list to an outsider for use in
the promotion or sale of any goods or services that benefit an individual or private
concern. Mailing lists are to be used only to promote the necessary legitimate functions
of the Union and for no other purpose. It is improper for any official or representative
of the Union, without the express prior written consent of the General President, to
permit the use of any mailing list by any third party to promote the sale of any goods or
services, or to enable professionals to solicit the membership.
2. No officer or representative of the Union shall have a personal financial interest which conflicts with his/her Union duties.
3. Except for stock purchase plans, profit sharing or retirement plans, no officer or representative of the Union shall have any substantial interest in a business with which LIUNA bargains collectively.
4. No officer or representative shall accept "kickbacks", under-the-table payments, valuable gifts, lavish entertainment or any personal payment of any kind, other than regular pay and benefits for work performed as an employee, from an employer with which the Union bargains collectively or from a business or professional enterprise with which the Union does business.
5. The principles of this Code apply to investments and activities of third parties where they amount to a subterfuge to conceal the financial interests of such officials or representatives.
No Union officer, representative or employee, and no union trustee of any benefit fund, shall engage in "barred conduct."
"Barred conduct" is defined to include:
a) committing any act of racketeering, as defined
in Title 18 of the United States Code, section 1961(1) [set forth in Appendix A to the
LIUNA Ethics and Disciplinary Procedure];
b) knowingly associating with any member or associate of the organized crime syndicate known as La Cosa Nostra (LCN);
c) knowingly permitting any member or associate of the LCN to exercise control or influence in the conduct of the affairs of the Union; or
d) obstructing or interfering with the LIUNA Inspector General, the General Executive Board Attorney, or the Independent Hearing Officer, as those parties are described in the LIUNA Ethics and Disciplinary Procedure. The term "knowingly associate" shall mean that:
The definition of "knowingly associate" in this Code also provides for, and incorporates by reference, certain additional exceptions as they appear and are defined in the Consent Decree entered in the case of United States v. District Council of New York and Vicinity of the United Brotherhood of Carpenters and Joiners of America, 90 Civ. 5722 [set forth in Appendix B to the LIUNA Ethics and Disciplinary Procedure].
Laborers for JUSTICE© 1997 Scanned and web published as a service to LIUNA members by Laborers for JUSTICE