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ARTICLE I
Affiliation and Jurisdiction
Section 1. Each affiliated Local Union of the Laborers' International Union of North
America is created by the said International Union, having been brought into being as a
unit in order to accomplish the goal of gathering under one banner all those that work at
the craft and calling of said International Union, in accordance with the craft and
territorial jurisdiction allotted to each Local Union by its charter; subject to the
Constitution, rules, regulations, policies, practices and lawful orders and decisions of
the said International Union and subject to the provisions of the Uniform District Council
Constitution and subject to the provisions of the Uniform Local Union Constitution, and
rules, regulations, policies and practices, where the same apply.
Section 2. The headquarters and general office of the Local Union shall be maintained
in the city where it is presently located. The headquarters and general offices of the
Local Union may be relocated to another city or town within the Local Union's territorial
jurisdiction only upon the approval of the General President.
ARTICLE II
Objects, Powers and Obligations
Section 1. OBJECTS:
Each Local Union, having had assigned to it its craft and territorial jurisdiction, by
its charter, is charged with the responsibility:
(a) To carry out the purposes of said assignment;
(b) To fulfill the objects of the International Union as specified in Article II,
Section 1 of the International Union Constitution;
(c) To conduct its affairs in a manner which would most tend
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to enhance, conserve and protect the welfare and interest of the
International Union, its affiliates and members;
(d) To perform and carry out its objects and functions in accordance with the
provisions of this Constitution, the International Union Constitution and the Uniform
District Council Constitution, as hereinafter provided.
(e) To organize the unorganized.
Section 2. POWERS:
In order to effectuate these objects a Local Union shall have the authority:
(a) To establish proper rules, regulations, policies and practices as it deems
necessary or appropriate to fulfill the purposes for which the Local Union was chartered,
provided such rules, regulations, policies and practices are not in conflict with the
International Union Constitution, its rules, regulations, policies, practices and lawful
orders and decisions and not in conflict with the Uniform Local Union Constitution or the
Uniform District Council Constitution, and rules, regulations, policies and practices,
where same apply; such rules, regulations, policies or practices shall be subject to
review by the General President; if, after such review, the General President, in his
judgment, believes that such rules, regulations, policies or practices are neither proper
nor in conformity with the intent, objects or purposes of the Constitutions, regulations,
practices, policies and lawful orders and decisions of the International Union, he may
modify or annul same;
(b) To raise income from dues, initiation fees, readmission fees, assessments and other
proper and lawful sources;
(c) To make commitments and disbursements in its discretion from the funds, assets, and
property of the Local Union for regular, recurrent and incidental expenses, organizing,
strikes, collective bargaining, contract administration, awards, gifts, donations,
charitable contributions, political purposes, education, public re
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lations, employee benefit plans for Local Union personnel and officers,
legal expenses, and such other expenses and investments as it deems necessary or proper to
carry out the objects and purposes of the Union;
(d) To establish proper wages, conditions and hours of employment through the process
of collective bargaining with employers and to fulfill and require observance thereof.
Except as otherwise specifically provided in the Constitutions of the Union, each Local
Union shall be autonomous in the exercise of its right to negotiate and consummate
agreements with employers and to police and enforce the terms and conditions thereof;
(e) To provide for the well-being and security of members, officers and employees of
the Local Union, including but not limited to the establishment of insurance, health and
welfare, pension, severance and other employee benefit plans;
(f) To carry out its other duties, responsibilities and functions as provided in the
Constitutions of the Union;
(g) To take such other actions as it deems necessary or proper to fulfill the objects
listed in Section I herein.
Section 3. OBLIGATIONS: (a) A Local Union shall carry out, perform and comply with all
of the objects and powers as outlined in Article II of this Constitution and the objects
of the International Union;
(b) A Local Union shall recognize and be subject to all of the provisions of the
International Union Constitution and, if so affiliated, the Uniform District Council
Constitution, and shall comply with all such rules, regulations, policies, practices and
lawful orders and decisions of the International Union, its officers and General Executive
Board, and, if so affiliated, of the District Council and its Executive Board;
(c) Local Unions within the territorial and trade jurisdiction of
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a District Council shall affiliate with such District Council and shall
also affiliate with appropriate Bodies, such as Building and Construction Trades Councils,
Metal Trades Councils, Maritime Trades Councils, State Federations of Labor and Central
Bodies;
(d) The General Executive Board of the International Union may, upon notice and after
hearing, suspend or revoke charters or consolidate or amalgamate subordinate bodies and
may define or revise their craft or territorial jurisdiction;
(e) A Local Union shall submit to the General President or his deputy or authorized
representative, all books, records and data, when requested. The General President, or his
deputy, may request the personal appearance of all officers, officials or members of the
Local Union, as part of an investigation ordered by the General President or in connection
with his duties, responsibilities or the exercise of his powers as General President;
(f) A charter of a Local Union shall not be voluntarily surrendered while there are ten
members in good standing in said Local Union who object to such surrender;
(g) When the General President, upon investigation, finds that the average
good-standing membership of a Local Union, over a period of one year, is less than 150
members and, after investigation, finds that the Local Union has not effectuated the
purposes for which it was chartered, he shall declare the charter of said Local Union
suspended. When such declaration of suspension has been made by the General President, or
the charter of a Local Union ceases to exist for any reason, the good-standing members of
such Local Union shall transfer into such other affiliated Local Unions of the
International Union, as designated by the General President, within a period of thirty
days from the date of notice of suspension;
(h) When, as hereinafter provided, a Local Union fails to make payment of initiation
fees, readmission fees, per capita tax or other lawful fees or assessments to the
International Union within the
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time prescribed, the charter of such Local Union may be deemed suspended
without further notice;
(i) When, as hereinafter provided, a Local Union fails to make payments of initiation
fees, readmission fees, per capita tax, or other lawful fees or assessments to the
District Council with which it is affiliated within the time prescribed, upon a complaint,
hearing, and finding by the General Executive Board that the Local Union has falsified its
reports or failed to make the aforesaid payments within the prescribed time, the charter
of such Local Union may be suspended, the Local Union may be assessed the cost of
investigation and audit in addition to the amount involved in the falsification or
delinquency of its reports, and/or other action may be taken as the General Executive
Board deems warranted;
(j) When, as hereinafter provided, a Local Union fails to make payment to the
L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION FUND within the time prescribed, the
charter of such Local Union may be deemed suspended without further notice;
(k) If a Local Union is suspended, dissolved or ceases to exist, all of its property,
funds, books, papers and paraphernalia shall immediately revert to and become the property
of the International Union, in accordance with the provisions contained in the
International Union Constitution. Alternatively, the General President may, in his sole
discretion, refrain from taking any or all of the former Local Union's property, funds,
books, papers, or paraphernalia.
(l) All Local Unions are required to exhaust remedies in accordance with Article XVIII,
Section 7 of the International Union Constitution;
(m) In carrying out the objects, powers, and obligations herein, affiliated Local
Unions of the Laborers' International Union of North America are not agents of the
International Union unless specified acts or conduct were ordered or directed by the
Interna
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tional Union, or such acts or conduct were ratified by the International
Union after written notice thereof. However, in no event shall the International Union be
liable or responsible for autonomous acts of its affiliated Local Unions.
ARTICLE III
Membership
Section 1. APPLICANTS:
(a) In order to be eligible for membership a person must be working at the calling
within the territory of the Local Union in which the individual applies for membership;
(b) An individual shall not be granted membership if he is a member of, or a
sympathizer with, any organization that has for its purpose the overthrow of this
Organization or of the Government of the United States of America or of Canada, by force
or violence;
(c) Such applicant for membership must agree to abide by the Constitutions, laws,
rules, regulations, policies and lawful orders and decisions of this Organization;
(d) Such applicant must agree to refrain from conduct that would interfere with the
performance of this Union's lawful and contractual obligations;
(e) Such applicant must tender to the Local Union in which he is seeking membership,
the initiation fee, dues and other lawful fees and assessments that prevail in said Local
Union;
(f) Such applicant must recognize his responsibility toward the preservation of the
Union as an institution;
(g) No person who has been expelled from one Local Union shall be admitted to
membership by the same Local Union or another Local Union, without first obtaining
permission from the
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General Executive Board of the International Union;
(h) No person shall be clothed with or acquire or retain the right of membership unless
payment of his initiation fee, readmission fee and per capita tax is received by the
International Union when due, provided, however, that any member who has not been
suspended and is current in the payment of his dues shall not be deprived, where otherwise
qualified, of his right to vote in a regular election of the Local Union;
Section 2. RIGHTS OF MEMBERS:
In accordance with and subject to all the provisions of the International Union
Constitution and the Uniform District Council Constitution and this Constitution, all
persons having lawfully acquired membership in the Union, shall be entitled to the
following rights:
(a) To be represented by the Union for the purpose of collective bargaining and to work
as a member of the Union and enjoy all of the benefits that flow therefrom, in accordance
with agreements, understandings or conditions properly established by the Local Union;
(b) To attend and participate in meetings and functions of the Local Union;
(c) To be a candidate for and hold office or position in the Local Union;
(d) To transfer from one affiliated Local Union to another;
(e) To readmission;
(f) To death benefit provided that the member was initiated prior to January 1, 1997;
(g) To bring to the attention of his Local Union any matter of importance to the
Organization and its members;
(h) To prefer charges and have a proper hearing and decision
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on said charges; and, in the case of a member against whom charges have
been preferred, to receive proper notice of the charges and a full and fair hearing and
decision; and
To appeal therefrom to the Appellate Officer of the International Union; and
To appeal to the Convention;
(i) A member of any Local Union desiring to know if he is in good standing in the
International Union may make inquiry of the General Secretary-Treasurer.
(j) A member has the right to be free from discrimination based upon age, race,
religion, gender, or national origin.
Section 3. OBLIGATIONS OF MEMBERS:
(a) To recognize that the International Union Constitution, the Uniform Local Union
Constitution and the Uniform District Council Constitution, constitute the organic law of
the Organization;
(b) To observe, conform and comply with all of the terms and provisions of said
Constitutions and all of the rules, regulations, policies, practices and lawful orders and
decisions adopted and promulgated in the furtherance and administration of the provisions
of the said Constitutions;
(c) To recognize and respect the right of the Union to adopt and enforce reasonable
rules as to the responsibility of every member toward the Organization as an institution
and to refrain from conduct that would interfere with the performance of its lawful and
contractual obligations;
(d) To refrain from interfering with the proper conduct of all the business of the
Organization;
(e) To observe proper decorum in attending and participating in meetings and functions
of the Organization, in accordance with such reasonable rules established by the
Organization and generally
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accepted parliamentary rules of procedure pertaining to the conduct
of meetings and functions;
(f) To refrain from attending a meeting or function under the influence of liquor or
conducting himself in such a manner as to interfere with the proper and orderly conduct of
the business of the Local Union; and to comply with and obey all requests or orders by the
presiding officer pertaining to the conduct of a meeting or function;
(g) To refrain from attempting to cause secession by the Local Union from the
International Union; to refrain from assisting an organization threatening to, or
undermining the representational rights of the International Union or any of its
affiliates; and to refrain from advocating or seeking the division of the funds of the
Local Union;
(h) All members are required to exhaust remedies in accordance with Article XVI,
Section 2 of the International Union Constitution;
(i) Each member shall pay to his Local Union such initiation fee, dues, and other
lawful fees and assessments as are fixed and established pursuant to constitutional
authority.
Section 4. APPRENTICES:
(a) In addition to regular membership there shall be a special class of membership for
Apprentices. Apprentices shall be accorded the same voice and vote as members with respect
to the conduct of the business and affairs of the Local Union but shall not be eligible to
serve as an officer in, nor as a member of, the Executive Board nor as a delegate to a
District Council nor as a delegate to the Convention of the International Union.
(b) Individuals accepted into the apprenticeship program shall fulfill all obligations
of the Apprenticeship Standards before being granted recognition as a skilled Construction
Craft Laborer and until such time as these obligations are met, the apprentice
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shall be granted an "apprentice member card" by the
International Union. The apprentice will be required to complete the requirements of the
Apprenticeship Standards before he will be eligible to claim journey worker status, be
recognized as a journey worker, and/or enter the journey worker out-of-work list. Upon
successful completion of the apprenticeship program, the individual shall be issued a
regular membership card by the International Union.
ARTICLE IV
Officers
Section 1. The officers of the Local Union shall consist of President, Vice President,
Recording Secretary, Secretary-Treasurer, Business Manager, Sergeant-at-Arms, three
Auditors and additional members of the Executive Board.
Section 2. A combination of offices may be permitted, provided, however, that such
combination has been voted by the membership and provided that it is then submitted to the
General President of the International Union for approval; all of said action to be had
and taken prior to the nomination meeting.
Section 3. Subject to the approval of the General President, an officer or employee of
a Local Union may also hold office in or be employed by another body of the Union and
receive the salary and other compensation provided for such position.
Section 4. DUTIES OF OFFICERS:
A---PRESIDENT
(1) He shall preside as chairman at all meetings of the Local Union and exercise all of
the authority and responsibility as such chairman.
(2) He shall preside at all meetings of the Executive Board of the Local Union as its
chairman and also at all sessions of the
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Executive Board sitting as a trial board.
(3) He shall, together with the Secretary-Treasurer, sign all checks or orders for the
payment of monies from the Local Union's accounts, and sign all official documents of the
Local Union, except as herein otherwise provided.
(4) He shall call special meetings of the Local Union or of the Executive Board, when
requested to do so by the Executive Board of the Local Union.
B---VICE PRESIDENT
The Vice President shall, in the absence of the President at any regular or special
meeting of the Local Union or of the Executive Board, perform the functions and duties of
the President at such meeting.
C---RECORDING SECRETARY
(1) The Recording Secretary shall prepare and sign minutes of all meetings which shall
be turned over to the Secretary-Treasurer as part of the records of the Local Union.
(2) He shall submit his books to the Auditors of the Local Union for inspection once a
year or to a Certified Public Accountant when the Local Union has retained such Accountant
for the purpose of auditing the financial records of the Local Union, and to the General
President or a deputy or representative appointed by the General President for such
purpose, when requested.
(3) He shall, together with the President, sign all credentials of delegates of the
Local Union.
D---SECRETARY-TREASURER
(1) All monies payable to the Local Union shall be turned over to the
Secretary-Treasurer, who shall give a proper receipt therefore.
(2) He shall make and keep a proper record of all such monies received and deposit same
in the name of the Local Union, in such
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banks or depositories as the Executive Board shall determine.
(3) He shall make disbursements in accordance with the provisions of Article IX herein.
(4) He shall, once each month, at a meeting of the Local Union, make a written,
categorical financial report of the monies received and disbursed since his last report to
a meeting.
(5) He shall, together with the President, sign all checks or orders for the payment of
monies from the Local Union's accounts.
(6) He shall submit his books to the Auditors of the Local Union for inspection once a
year or to a Certified Public Accountant when the Local Union has retained such accountant
for the purpose of auditing the financial records of the Local Union, and to the General
President or a deputy or representative appointed by the General President for such
purpose, when requested.
(7) The Secretary-Treasurer, in addition to the monthly per capita tax corresponding to
the monthly dues paid to the Local Union by its members, shall pay to the International
Union and the District Council with which the Local Union is affiliated each month or more
often, initiation fees and readmission fees for those who have paid similar fees to the
Local Union, giving the full names, addresses, dates of birth and Social Security numbers
of those to be initiated or readmitted. He shall also make payment, when due, of all other
lawful payments and obligations due and owing to the International Union and the District
Council with which the Local Union is affiliated.
(8) The Secretary-Treasurer shall pay directly to the L.I.U.N.A. LOCAL UNION AND
DISTRICT COUNCIL PENSION FUND each month, an amount equal to twelve percent (12%) of the
gross salary paid to each of its full-time officers and employees covered by the Fund,
provided that no payment shall be made on behalf of salary which is at a rate lower than
six thousand dollars ($6,000.00) per year for any one person, or any salary in excess of
seventy-five thousand dollars ($75,000.00) per year for any one person;
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effective January 1, 1997, the foregoing provision regarding salaries in
excess of seventy-five thousand dollars ($75,000.00) shall be deleted in its entirety and
further, the minimum annual salary requiring contributions to the Fund shall be increased
to ten thousand dollars ($10,000.00) per year for full-time officers and employees who
were not participants in the Fund prior to that time but shall remain at six thousand
dollars ($6,000.00) per year for full-time officers and staff who were participants in the
Fund as of December 31, 1996.
(9) Each Local Union, through its Secretary-Treasurer, is charged with the obligation
of registering all applicants for membership with the International Union, upon receipt by
it of the initiation fee or of the first $25.00 paid by the prospective member toward the
initiation fee, whichever occurs first. The Local Union shall have the privilege of
withholding the membership card received from the International Union for such
registration, until the individual has completed payment of the full amount of the
initiation fee payable to the Local Union.
(10) The Secretary-Treasurer shall pay the per capita tax due to the International
Union for and in behalf of each member who has paid his dues to the Local Union, in the
second month after such dues were payable but in no event later than 25 days after the
last day required for the payment of dues by the member. This 25-day period is allowed to
the Secretary-Treasurer for the purpose of preparing and forwarding his per capita tax
report to the General Secretary-Treasurer but does not inure to the benefit of the member
as an extended time within which he may pay his dues to the Local Union.
(11) Where a Local Union is affiliated with a District Council, the Secretary-Treasurer
shall, at the same time the appropriate payments are being made to the International
Union, pay to the District Council any per capita tax, initiation fees, readmission or
other lawful fees which may be due.
(12) The Secretary-Treasurer shall pay directly to the L.I.U.N.A.
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LOCAL UNION AND DISTRICT COUNCIL PENSION FUND, the payment as aforesaid by
the last day of the following month for which said salary is due, but in no event later
than the last day of the month following the month in which the payment is due.
(13) The folios and other forms of registration and payments required to be made, shall
be in such form as prescribed by the General Secretary-Treasurer. He shall order from the
International Union all books and other paraphernalia as prescribed by the Constitution.
(14) He shall promptly report to the General Secretary-Treasurer all newly initiated
and readmitted members, all transfers by members into or out of the Local Union; all
members to be suspended for nonpayment of dues or otherwise; or expelled; all members
deceased and the dates of death, and a report of members entering and returning from
military service.
(15) All minutes of meetings, property, books, papers, and records of all financial
transactions within the Local Union shall be in the custody of the Secretary-Treasurer.
E---BUSINESS MANAGER
(1) The Business Manager shall be the recognized representative of the Local Union.
It shall be the duty of the Business Manager of a Local Union to see to it that the
affairs and business of the Local Union are being properly conducted in accordance with
the Constitutions and with the rules, regulations, policies, practices and lawful orders
and decisions.
(2) Specifically, but not in limitation thereof:
(a) Unless otherwise provided, negotiations with employers shall be through a
Negotiating Committee of the Local Union, of which the Business Manager shall be chair man
ex-officio;
(b) It shall be the duty of the Business Manager to see to it that
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the provisions of all agreements are enforced and respect ed by all
persons affected thereby. All instances of non-compliance which are not amicably adjusted
by him, shall be reported to the Executive Board of the Local Union.
(3) He shall have the authority to appoint and supervise Stewards.
(4) As Business Manager, he shall be in charge of, direct and supervise the activities
of Field Representatives and Organizers. The Business Manager shall have the authority to
discharge Field Representatives and Organizers.
(5) He shall keep himself informed of all contemplated work to be done within the
jurisdiction of the Local Union and make such pre-job arrangements as may be necessary in
order to insure the proper and lawful progress of such work once started and to its
conclusion.
(6) He shall visit all projects within the jurisdiction of the Local Union in order to
ascertain whether or not work is progressing in accordance with established conditions.
(7) He shall be charged with the responsibility of protecting the craft jurisdiction
within the territory entrusted to the Local Union by the International Union.
(8) He shall use all proper and lawful means of organizing the work coming within the
territorial and craft jurisdiction of the Local Union.
(9) He shall make a report on his activities and the activities of his assistants, if
any, at each meeting of the Local Union and at such other times as the Executive Board of
the Local Union may require.
(10) For all monies collected by him in the field, he shall give an official receipt
furnished by the International Union, which monies he shall then turn over to the
Secretary-Treasurer of
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the Local Union, as soon as is practicable, and obtain a receipt
therefore.
(11) By virtue of his election, he shall serve as a delegate to the District Council
and all other local labor bodies with which the Local Union is affiliated.
F---SERGEANT-AT-ARMS
The Sergeant-at-Arms shall determine the right of those who shall be permitted to enter
the meeting hall; he shall execute such orders given to him by the President for the
maintenance of order and decorum at meetings. G---AUDITORS
(1) The Auditors shall at the end of the year audit the books of the
Secretary-Treasurer and check the entries with bank deposits, statements and other data or
memoranda. They shall render a detailed report annually to the Local Union, showing
financial transactions and condition of the Local Union for the preceding year.
(2) The Auditors shall have the right to require the production of books, records and
other data or memoranda from all officers, officials or employees who participated in any
financial transaction and to request their appearance for the purpose of making such
report or explanation as may be deemed necessary by them.
(3) When a Local Union has retained a Certified Public Accountant to prepare its annual
audit, then the foregoing subsections shall not apply. The Certified Public Accountant
shall be retained by the Executive Board. The Auditors shall cooperate with the Certified
Public Accountant in the preparation of such audit.
H---EXECUTIVE BOARD
(1) The Executive Board shall be composed of seven members.
(2) It shall consist of the President, Vice President, Recording Secretary,
Secretary-Treasurer, Business Manager and two other
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members elected by the membership as members of the Executive Board.
In the event that there is a combination of offices, there shall be elected from among
the membership of Local Union such number of Executive Board members as to complete the
complement of seven members.
(3) The Executive Board, in interim periods between meetings, shall have the authority
of the Local Union except as hereinafter provided.
(4) Actions of the Executive Board, except for commitments and disbursements for the
regular, recurrent and incidental expenses of the Local Union, shall be binding until and
unless modified by vote of membership at a meeting of the Local Union when the report of
the Executive Board is made to it.
(5) The presence of at least four members of the Executive Board shall constitute a
quorum; a majority of those present and voting shall be required for all official acts.
(6) The Executive Board shall meet at least once a month and, when possible, prior to
the regular meeting of the Local Union; it shall also hold such special meetings as, in
its judgment, it may deem appropriate or necessary.
(7) The Executive Board shall submit a report of its activities and its minutes, to
each regular meeting of the Local Union.
(8) The Executive Board shall constitute and be the trial board to hear and determine
all charges, as hereinafter provided.
(9) It shall be the duty of the Executive Board to see to it that the affairs and
business of the Local Union are being properly conducted, in accordance with the
Constitution.
(10) When the Local Union has decided that Field Representatives or Organizers are
needed, the Executive Board, after recommendation from the Business Manager, shall appoint
such Field Representatives or Organizers and it shall determine the salary
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and other compensation to be paid. Approval shall not be unreasonably
withheld. If a recommendation of the Business Manager is rejected, then the Business
Manager shall have the right to submit a further recommendation for the Executive Board's
consideration.
(11) The Executive Board shall see to it that bond is provided which protects against
loss by reason of acts of fraud or dishonesty covering every officer, agent, shop steward,
or other representative who handles funds or other property of the Local Union, in an
amount not less than the minimum required by the provisions of applicable law, and by any
ruling of the General Executive Board.
Section 5. Each officer, Executive Board Member and Delegate to a District Council,
where a Local Union is affiliated with a District Council, shall attend all meetings of
the Bodies in which he functions; and failure to attend two successive meetings or any
three meetings in a period of one year, unless excused for just cause by a vote of the
Executive Board or membership of the Local Union, shall be deemed sufficient ground for
hearing and trial before the Executive Board of the Local Union, why he should not be
removed from his office or position.
Section 6. Upon the termination of office, each officer shall turn over his books,
papers, records and other property which came into his possession, custody and control, to
the organization. This provision shall also apply to all other officials or employees of
the Local Union.
ARTICLE V
Qualifications for Office
In order to qualify as a candidate for any office in a Local Union, a member:
Section 1. Shall be required to have been in good standing in
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the International Union for a period of two years and in good standing in
the Local Union for a period of two years immediately prior to nomination and to be
current in the payment of his dues; these requirements shall not apply in cases when Local
Unions have been chartered for a period of less than two years prior to the date of
nomination.
Section 2. Shall be a citizen of the United States or Canada, unless such requirement
is prohibited by provisions of applicable law.
Section 3. Shall be literate.
Section 4. No person shall be eligible to hold any office in the Local Union if he has
not been regularly working at the calling of the International Union during the entire
year immediately prior to nomination. "Working at the calling" shall be defined
to include:
(a) Employment for which the Union serves, or is actively seeking to serve, as the
exclusive collective bargaining representative of employees;
(b) Employment in a full-time official capacity for the Local Union;
(c) Employment by government or the trade union movement in a capacity directly related
to the calling and one which would directly benefit the Local Union and its members except
that employment by the Local Union in a clerical or administrative position shall not be
deemed to be "working at the calling";
(d) Periods of unemployment where the member was available for and continuously and
actively sought employment at the calling which shall be understood to require full
compliance with the lawful rules of the referral service or hiring hall, if any, operated
by the Local Union;
(e) Members who can prove they were unable to work because of temporary illness or
disability of less than one year so long as
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that member has a reasonable expectation of returning to work in the
foreseeable future.
In examining the circumstances of each particular case, due regard shall be given to
the good faith involved.
Section 5. No person who has been debarred after trial, from holding office, shall be
qualified as a candidate during the period of his debarment.
Section 6. A candidate shall not be eligible to run for office if he is a member of, or
a sympathizer with, any organization that has for its purpose the overthrow of this
Organization or of the Government of the United States of America or of Canada, by force
or violence, or who is unable to qualify under this Constitution and in accordance with
the provisions of existing law.
Section 7. A candidate must agree to observe, conform and comply with all of the terms
and provisions of the International Union Constitution, the Uniform Local Union
Constitution and the Uniform District Council Constitution and all of the rules,
regulations, policies, practices and lawful orders and decisions adopted and promulgated
in the furtherance and administration of the provisions of the said Constitutions.
Section 8. Such candidate must agree to refrain from conduct that would interfere with
the proper conduct of all of the business of the Organization.
Section 9. Such candidate must agree to recognize his responsibility toward the
preservation of the Union as an institution.
Section 10. All of the qualifications for office must be present at the time of
nomination, as well as at the time of election and during the term of office. Any person
who receives a pension from a pension or a retirement fund related to the International
Union or any affiliate thereof shall be presumed to be a retiree and, therefore, not to be
working at the calling of the International Union and not to be qualified as a candidate
for office. The burden shall be on such pension
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recipient to demonstrate affirmatively to the satisfaction of the Judges
of Election that such individual nonetheless meets the constitutional qualifications for
office.
ARTICLE VI
Nomination and Election of Officers
Section 1. NOMINATIONS:
(a) A special meeting, to be known as the "Nomination Meeting," shall be held
not less than ten days nor more than twenty days prior to a regular meeting of the Local
Union to be held in the month of May of the election year, at which nominations shall be
made for all of the offices or positions to be filled;
(b) No less than seven days prior to said Nomination Meeting, notice thereof shall be
mailed to each good-standing member of the Local Union at his last-known address, and such
notice shall list the offices and positions to be filled and the time and place of such
meeting;
(c) Three Judges of Election shall be appointed prior to the Nomination Meeting by the
Executive Board of the Local Union. They shall not be candidates for office but they shall
possess all the qualifications required of candidates for office except that they may be
retired;
(d) The salary and compensation to be paid to elected officers or officials shall be
fixed prior to the nominations; provided that adjustments to salary during the term of
office may be effected in accordance with the provisions of Article IX herein;
(e) A member in good standing shall be eligible to be nominated for office in the Local
Union. Such member shall meet all of the requirements of qualification hereinabove
outlined;
(f) All members nominated shall be nominated by another member in good standing and
shall be present at the time of nomi
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nation, unless absent from the meeting on business for the Local Union,
for the District Council, or for the International Union, or excused for just cause by a
vote of the membership of the Local Union and shall indicate immediately upon nomination
whether it is accepted or declined. Once a nomination is accepted, the nominee has no
right to withdraw his candidacy prior to the election;
(g) Nominations shall be made in the following order: President, Vice President,
Recording Secretary, Secretary-Treasurer, Business Manager-Delegate, Sergeant-at-Arms,
Auditors (3), Executive Board Members.
This order is subject to combination of offices, when approved, in accordance with
constitutional provisions. No member may be a candidate for, nor hold more than one
office, except where a combination of offices has been approved, in accordance with the
provisions of this Constitution;
(h) All elected officers shall serve for a term of three years, provided, however, that
the term shall be four years where the law permits. The newly elected officers shall take
the oath of office and be installed by the presiding officer at the first regular meeting
after the election.
Section 2. WHEN THE NOMINATIONS HAVE BEEN COMPLETED:
(a) The Chairman shall state that the Constitution requires all candidates to appear
before the Judges of Election, who shall examine them in order to determine whether or not
each candidate possesses all of the qualifications hereinabove provided;
(b) The Judges of Election shall then announce the time and place when such
examinations will be made;
(c) Candidates are required to appear at such time and place and be examined unless
absent on business for the Local Union, for the District Council or for the International
Union, or excused for just cause by the Judges of Election. If absent for any of the
foregoing reasons, the candidate and the Judges of Election shall
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promptly schedule an alternate time and place so that the candidate may be
examined as to his qualifications. Unexcused absence from a nomination meeting shall serve
to disqualify such member from any subsequent nomination in the same election;
(d) Any member in good-standing wishing to protest the qualification of any candidate
or who may have information or data regarding the qualification of a candidate, may also
appear before the Judges of Election at the time and place specified;
(e) After the Judges of Election have completed their examination, they shall pass upon
and decide whether or not each candidate qualifies, as provided, and prepare their report,
which is to be submitted to the regular meeting of the membership in the month of May
following the Nomination Meeting.
In the event there is no contest for any office and the candidates are found properly
qualified, the Judges of Election shall certify to the May meeting that there is no need
for a secret ballot election, and the nominees shall be declared duly elected;
(f) If the Judges of Election have disqualified any candidate, the Chairman of the
meeting shall then call further nominations if, but only if, the disqualification results
in there being no candidate for that office or, in the case of Executive Board Members, in
there being fewer candidates than there are positions to be elected. If any such
nominations are made, the Judges of Election shall immediately examine the new nominees
and report on same at said meeting;
(g) The Judges of Election shall prepare the official ballot. In the preparation of the
official ballot, the Judges of Election shall consult the Recording Secretary and obtain
from him the list of candidates for each office or elective position; the official ballot
shall then be prepared pursuant to said data, with the names of the candidates listed in
the order in which they were nominated. Once the Judges of Election have declared the
nominees eligible to run, no nominee will be stricken from the ballot for any reason,
including the unavailability or unwillingness of the nominee to serve in office;
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(h) The Judges of Election shall then contact and consult with the
Secretary-Treasurer, in order to determine the number of official ballots to be printed,
if ballots are to be used, or the number of voting machines, if the election is to be
conducted by voting machines. Upon being so informed, the Judges of Election shall then
order the preparation of the required number of official ballots, or to make the necessary
arrangements for the number of voting machines, both of which shall be in such form as to
protect and insure the secrecy of the vote of the member;
(i) The official ballots, once printed, shall remain in the custody of the Judges of
Election until the day of election;
(j) At the May meeting, the membership shall determine and fix the date on which the
election shall be held and the place and the hours during which the polls shall remain
open.
When this data has been determined, the Secretary-Treasurer shall mail a written notice
to each member in good standing, at his last-known address, which would inform each member
of the date, place and time of election and the list of the offices or elective positions
to be filled; such notice to be mailed not less than fifteen days prior to the date of
election.
Section 3. ELECTION:
(a) The voting area shall be located in a hall or room where all of the functions of
the election process will be open and visible at all times to the Watchers and the
election officials charged with the proper conduct of the election;
(b) Each candidate may, at his own expense, designate in writing a Watcher who must be
a member of the Local Union and who must, no later than the day of election, deposit such
written appointment with the Judges of Election;
(c) Those permitted to be in the voting area are the three Judges of Election, the
Secretary-Treasurer (who may have his office secretary present if he deems it necessary),
any duly designated Watchers and such other persons whose presence the Local Union may
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deem necessary in the process and conduct of the election; provided that a
motion to this effect is made and adopted at the May meeting preceding the election; and
all the members in goodstanding during the period necessary and required for the casting
of their votes;
(d) As each member in good-standing appears for the purpose of voting, he shall report
to the Secretary-Treasurer and identify himself.
The Secretary-Treasurer, together with a Judge of Election, shall then determine
whether such person is current in the payment of his dues and otherwise qualified and
entitled to vote. Current in payment of dues for purposes of election shall mean that the
member is not more than two (2) months in arrears in the payment of his dues.
As each member is qualified, he shall be required to sign his name and card number on a
Membership Voting Register, which Register, when the voting has been concluded, shall then
be signed, at the end thereof, by the Secretary-Treasurer and the three Judges of
Election;
(e) After the member has been qualified, he shall be given an official ballot and
permitted:
(1) if a paper ballot is used, to mark the ballot, indicating his choice of candidate
for each office and elective position, in a secret manner where such choice cannot be
identified with the voter; and thereafter to deposit his ballot in the ballot box, in the
presence of a Judge of Election and the Watchers, which box shall be locked during the
voting process;
(2) if the vote is by voting machine, to register his vote in a secret manner and in a
manner where such choice cannot be identified with the voter;
(f) When a member has completed voting, he shall leave the voting area;
(g) If a voter requests assistance, such assistance shall be given
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by a Judge of Election;
(h) No "write-in" vote shall be permitted on the day of election;
(i) When the closing time as prescribed has arrived and all voters present have voted,
the Secretary-Treasurer, having fulfilled his duties during the election, shall leave the
voting area. The Judges of Election shall take possession of the ballot box, in the case
where paper ballots are used, or open the voting machine, if machines are used, and
proceed to count and tally the vote for each office or elective position, in the presence
of the Watch ers. When the count and tally for each office has been completed and the
total vote for each candidate has been established, the Judges of Election shall announce
the result, after which they shall mark the result of the total vote for each candidate on
two blank official bal lots or on two official lists of candidates and certify, by their
signatures, that such results are the official results of the election, one of which shall
be kept by the Judges of Election, for the purpose of preparing their report to the
following meeting of the Local Union and the other to be turned over to the
Secretary-Treasurer for the purpose of posting same as the result of the election, for the
information of all of the members of the Local Union;
(j) In the event of a tie in the votes cast for the candidates for any office, the
decision will be made by lot from among those candidates having the tie vote;
(k) All of the ballots cast and all of the remainder of the unused ballots, the tally
sheet and the Membership Voting Register, shall be gathered and wrapped in a pack age
which shall be sealed and signed by the three Judges of Election. The Judges of Election
shall retain custody of this package until the meeting when they make their report, at
which time they shall surrender said records to the newly elected Secretary-Treasurer.
(l) At the meeting following the election, the Judges of Election shall submit a
written report of their activities and functions
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dealing with their duties after nominations, and the con duct of the
election, and attach thereto the official list of candidates containing the results of the
election which was signed by them after the tally had been completed; thereupon, the newly
elected officers shall be duly in stalled in office and shall assume their duties and responsibilities;
(m) Filling of Vacancies: In the filling of a vacancy in an office or elective
position, including vacancies arising when a person who is unwilling or unavailable to
serve is elected to office, the Executive Board shall fill the vacancy by appointment in a
provisional capacity of a member having all the requirements for office;
(n) When a member has been elected to office or to an elective position, he shall, as
such officer or official, fully perform all such duties, responsibilities and
obligations
that attach to such office or position as required by the International Union, Local Union
or District Council Constitutions.
(o) In the event of non-compliance by anyone holding an elective office or position, he
shall be subject to all applicable disciplinary provisions contained in either the
International Union, Local Union, or District Council Constitutions; anyone holding a
non-elective position who does not comply with the above requirements shall be subject to
discharge.
Section 4. DELEGATES:
(a) All delegates of Local Unions to Conventions of the International Union shall be
nominated and elected at the time prescribed in the International Union Constitution. The
manner of nominating and electing such delegates to regular Conventions of the
International Union, shall be as provided for in Article V, Section 9 of the International
Union Constitution;
(b) The Business Manager of a Local Union elected in conformity
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with the provisions of Article VI of the Uniform Local Union
Constitution shall, by virtue of such election, serve as a delegate from his Local Union
to the appropriate District Council and all other local labor bodies with which the Local
Union is affiliated. All other delegates of a Local Union to a District Council shall be
nominated and elected in accordance with all the constitutional provisions dealing with
qualifications, nominations and election of officers of Local Unions, except that the
Executive Board may, in advance of the nomination of officers, determine that either its
President or Secretary-Treasurer (but not both) shall, by virtue of his elected office,
also serve as a delegate. The foregoing provision does not apply to the selection of
delegates to the International Union Convention;
(c) Delegates to all other bodies, conventions, meetings or conferences may be either
elected by the membership or appointed by the Executive Board of the Local Union, in
accordance with the vote of the membership at a meeting or as required by the
constitution, rules or regulations of such other body.
Compensation, allowances and reimbursement for expenses may be provided by the
Executive Board to such delegates for the performance of their duties and
responsibilities.
ARTICLE VII
Meetings
Section 1. Each Local Union shall hold at least one regular meeting each month on such
day, time and place as established by vote of the membership of the Local Union. When
regular meetings are not held at a fixed and regular time and place each month, notice of
such meetings shall be sent to each member in good-standing of the Local Union.
Section 2. Special meetings shall be called by the President of the Local Union when
requested to do so by the Executive Board. A notice of such special meeting shall be
mailed to all good-standing
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members of the Local Union, which notice shall specify the purpose for
the call of said meeting.
Section 3. It is the intent of this Constitution that all members should attend all
meetings of the Local Union and that the Local Union should take such steps as may tend to
encourage attendance of members at meetings.
The attendance of ten members at a meeting shall constitute a quorum for the
transaction of business in Local Unions of four hundred members or less; and the
attendance of fifteen members shall constitute a quorum in Local Unions of more than four
hundred. There is no minimum quorum requirement for nomination and election meetings.
Section 4. ORDER OF BUSINESS:
The order of business to be followed at regular meetings of the Local Union shall be as
follows:
1. Roll Call of Officers 2. Reading of Minutes of Previous Meetings 3. Communications
and Bills 4. Report of Executive Board 5. Report of Business Manager 6. Report of
Delegates to District Councils and other Bodies 7. Report of Committees 8. Unfinished
Business 9. New Business 10. Financial Reports 11. Good and Welfare 12. Adjournment
Section 5. The President, as presiding officer of all meetings, shall maintain order
and decorum at said meetings and shall properly conduct all of the business coming before
said meetings; he shall see to it that all members present comply with and respect the
provisions of this Constitution dealing with the attendance of members at meetings and he
shall have authority to remove from the hall and bring charges against members who
improperly ob
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struct and interfere with the orderly conduct of the business of the
meeting.
Section 6. Any member who is not working at the calling or who is engaged in
independent enterprise shall not have a voice or vote at meetings of the Local Union. A
retired member shall have voice and vote at Local Union meetings only on matters of direct
concern or interest to retired members.
Section 7. Unless otherwise provided either by this Constitution or by rules and
regulations established pursuant thereto, generally accepted parliamentary procedure shall
prevail at all meetings of the Local Union.
ARTICLE VIII
Initiation Fees, Readmission Fees, Dues and Assessments
Section 1. The initiation fees and dues to be paid by members to Local Unions
affiliated with a District Council, shall be established and regulated by the District
Council, in accordance with the provisions of Article II, Section 2(e) and Article VIII,
Section 2 of the Uniform District Council Constitution.
Section 2. Where initiation fees and dues are not established by a District Council,
the Local Union shall, by secret ballot vote of the membership, establish the initiation
fee and dues to be paid by its members, in accordance with applicable law.
Section 3. In all instances, effective January 1, 1997, the initiation fee shall be not
less than fifteen dollars ($15.00) nor more than four hundred and fifty dollars ($450.00);
and effective January 1, 1999, the initiation fee shall be no more than five hundred
dollars ($500.00). The dues shall be not less than seventeen dollars ($17.00) as of
January 1, 1997, eighteen dollars ($18.00) as of January 1, 1998, and nineteen dollars
($19.00) as of January 1, 2000. All dues whether below, at, or above the minimum of
fifteen dollars ($15.00) shall be increased by no less than two dol
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lars ($2.00) per month no later than January 1, 1997, by an additional one
dollar ($1.00) on January 1, 1998, and by an additional one dollar ($1.00) no later than
January 1, 2000. Affiliates shall have the authority upon the recommendation of the
Executive Board and approval by the membership to set a lesser schedule of minimum dues
for apprentice members.
Section 4. The monthly dues are due on the first day of the month and unless paid on or
before the last day of the following month, the member shall be deemed suspended by the
International Union without notice. A member shall not be subject to suspension for an
employer's failure to remit that member's dues to the Union where the member has executed
a valid voluntary dues checkoff authorization card and where the employer has deducted
those dues from the member's wages.
Section 5. A member who has reached the age of sixty-two years and who desires to
retire and cease working at the calling, or who is receiving a pension from the Laborers'
pension fund shall be entitled to pay minimum dues of seven dollars ($7.00) per month and
thereby continue to maintain his good-standing. Effective January 1, 1997, the minimum
dues for such members shall be increased to eight dollars ($8.00).
Section 6. The readmission fee for persons who are suspended for nonpayment of dues,
assessments or fines to the Local Union and who remain suspended for a period of less than
one year, shall be the amount of such assessments or fines, plus the current dues, plus
the greater of either (1) the amount of the dues during each month of the member's
suspension plus $25.00, or (2) eight percent (8%) of the initiation fee for each month
during which the member was suspended. In no case shall the readmission fee be greater
than the initiation fee.
Once the member has been suspended for defaulting in the payment of dues, as herein
provided, the date of suspension referred to in this Section shall be the first day after
the month for which the member's dues were last paid.
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Section 7. Persons in arrears have no right to attend meetings nor any
other rights except the right to be readmitted in accordance with the above Section.
If a member becomes suspended by reason of his own conduct, he can only be readmitted
through the Local Union of which he was a member when suspended. Readmitted members shall
be considered new members from the date of their readmission.
Section 8. ASSESSMENTS:
When an assessment is proposed by the Executive Board or by action at a meeting of the
Local Union, a notice shall be mailed to the members in good-standing, at least seven days
prior to the next regular meeting of the Local Union, advising them that the proposed
assessment will be considered and voted upon at the meeting of the Local Union, by secret
ballot. When an assessment has been voted, it shall not be levied until it is first
submitted to the General President and his approval obtained.
ARTICLE IX
Income and Disbursements
Section 1. The sources of income to a Local Union shall be from dues, initiation fees,
readmission fees, assessments and income from other proper and lawful sources.
Section 2. The income shall be in amounts that are necessary to accomplish and take
care of the obligations and requirements of the Local Union and the purposes for which the
Local Union was established. The income shall be promptly deposited in such banks or
depositories as are determined by the Executive Board of the Local Union.
Section 3. (a) The Executive Board shall have the authority to make commitments and
disbursements in its discretion from the funds, assets and property of the Local Union for
the regular, recurrent and incidental expenses of the Local Union. The Executive
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Board shall further have the authority to make commitments and
disbursements in its discretion from the funds, assets and property of the Local Union for
organizing, strikes, collective bargaining, contract administration, awards, gifts,
donations, charitable contributions, political purposes, education, public relations,
employee benefit plans for Local Union personnel and officers, legal expenses, and such
other expenses and investments as it deems necessary or proper to carry out the objects
and purposes of the Union.
Travel expenses may also be provided for an Executive Board member's spouse who
accompanies the Executive Board member when the member travels in connection with the
performance of his duties and responsibilities;
(b) In accordance with the provisions of Article IV, Section 4 herein, the
Secretary-Treasurer shall make disbursements from the funds of the Local Union for the
regular, recurrent and incidental expenses of the Local Union, such as mortgage, leases,
rent, taxes, salaries and other compensation, travel, allowances, reimbursements for
expenses, utilities, telephone, maintenance, cleaning, repairs, supplies, office
equipment, obligations to the International Union, obligations to the District Council if
so affiliated, and obligations to the L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION
FUND, and to make such other payments as directed by the Executive Board.
Section 4. (a) The financial obligations of a Local Union shall be fixed and regulated
within the income of the Local Union;
(b) A Local Union shall make no disbursements that will preclude it or interfere with
its ability to first meet its financial obligations to the International Union and the
L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION FUND;
(c) A Local Union shall not enter into contractual undertakings for the acquisition of
property or the retention of services if, at the time of such proposed undertaking, its
current income is insufficient to meet the expenses of such undertaking;
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(d) The Local Union shall not make disbursement of salary or other
compensation to Local Union officers if the Local Union is delinquent in the payment of
its per capita tax to the International Union or in the payment of pension fund
contributions to the L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION FUND unless the
Local Union has made arrangements acceptable to the General Secretary-Treasurer and to the
Fund for the repayment in a timely fashion of any such delinquency.
Section 5. When the income to the Local Union reduces to a point where such income
cannot properly take care of the financial obligations of the Local Union, including
salaries and compensation to officers, officials and personnel, the Local Union may vote
to take such action as is necessary, commensurate with the reduced income, including
reduction in salaries or compensation of officers, officials and personnel; when the
contemplated action is to reduce salaries or compensation of officers and elected
officials, such reduction shall be voted upon by the membership at a meeting of the Local
Union only after written notice is given to all of the members in good standing, of the
proposal and the meeting at which such proposal shall be voted upon, or the membership
approves such reduction at two consecutive meetings.
Section 6. When an increase in salary or compensation is proposed to be effective
during the term of office then current, the increase shall be voted upon by the membership
at a meeting of the Local Union only after written notice is given to all of the members
in good standing of the proposal and the meeting at which such proposal shall be voted
upon, or the membership approves such increase at two consecutive meetings; provided, that
the Executive Board may increase salaries or compensation to reflect the increase in the
cost-of-living, said increase not to exceed the percentage of increase in the National
Consumer Price Index published by the Bureau of Labor Statistics, United States Department
of Labor; in Canada, the Consumer Price Index published by Statistics Canada; provided
further, that no such cost-of-living increase can be effected within one year of any other
increase in salary or compensation.
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Section 7. No commitment or disbursement of the Local Union shall be
considered void or unenforceable where such action was undertaken in substantial
compliance with the provisions of this Article.
ARTICLE X
Transfers
A member in good standing of a Local Union shall have the right to transfer his
membership from that Local Union into another affiliated Local Union, in accordance with
Article XXI, Sections 1 through 10 of the International Union Constitution.
ARTICLE XI
Death Benefits
A death benefit will be paid as the result of the death of a member whose earliest date
of initiation is prior to January 1, 1997, and who was in good-standing at the time of his
death, to those legally entitled thereto, in accordance with Article XXII, Sections 1, 2,
and 3 of the International Union Constitution.
ARTICLE XII
Charges, Trials and Appeals
Section 1. An officer or member in good-standing may prefer charges against any other
officer or member of a Local Union, by filing written charges in duplicate with the
Recording Secretary of the Local Union. These charges must be signed by the person
preferring the charges and indicate the provisions of the Constitution to be relied upon,
or the agreement or rule alleged to have been violated, and must set forth the specific
violation or wrong charged and the date on which it allegedly occurred.
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Section 2. The Recording Secretary shall promptly notify the members of
the Executive Board that charges have been filed, and after a consultation with them,
shall promptly set a date for a hearing and trial on said charges. Immediately thereafter,
a copy of the charges shall be mailed to the accused at his last-known address. A written
notice of the time and place where the hearing and trial will take place before the Trial
Board shall be mailed to the accused and to the charging party not less than seven days
nor more than twenty-one days from the date of said hearing and trial.
Section 3. The members of the Executive Board of the Local Union shall constitute the
Trial Board; except that neither the charging party nor the accused nor any member
directly interested or involved in the charges may sit as a member of the Trial Board.
In such cases, the President of the Local Union shall appoint a substitute or
substitutes from the members in good standing. If the President is to be disqualified, then
the Vice-President shall appoint a substitute or substitutes; and if he is also to be
disqualified, then the substitute shall be appointed by the remaining Trial Board members.
Where the entire Executive Board of a Local Union appears to be disqualified, the
matter may be referred to the General President who shall be entitled to investigate to
determine whether such disqualification exists. Upon a finding of disqualification, the
General President shall have discretion to assume original jurisdiction over such charges,
in which case he shall refer the matter to the Independent Hearing Officer to hear such
charges for decision and disposition; or, in his discretion, the General President may
refer the charges to the appropriate District Council for trial.
Where the charging party or the accused makes a request for a delay, the Trial Board
may grant a postponement, for good cause shown.
Section 4. The hearing and trial shall be conducted in an orderly, fair and impartial
manner and should assure the full presentation of all the facts to the Trial Board.
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The burden of proof shall be on the charging party. If the charging party
fails to appear, the charges shall be dismissed. If the accused fails to appear, the Trial
Board shall proceed with the hearing and receive all the facts and evidence available.
The charging party shall first present whatever evidence he possesses to substantiate
his charges. The accused shall have the right to be present throughout the trial and to
cross-examine the charging party and any of his witnesses upon completion of their
testimony.
After the evidence in support of the charges has been received, the accused shall
present his defense. The charging party shall have the right to cross-examine the accused
and any of his witnesses upon completion of their testimony.
Section 5. The Trial Board shall record minutes of its meetings and proceedings and
these minutes, together with any documents submitted, shall constitute the official record
of the Trial Board.
Upon conclusion of the hearings, the Trial Board shall consider all of the evidence and
argument submitted and proceed to make its findings and decision. It shall prepare a
Report of said findings and decision, which shall be signed by all the members of the
Trial Board. The Recording Secretary shall forthwith mail a copy of said Report to the
charging party and the accused at their last-known addresses.
Section 6. A copy of the Trial Board Report shall be submitted to the next regular
meeting of the Local Union. The findings and decision of the Trial Board shall be binding
unless and until two-thirds of the members present and voting at said meeting, reverse or
modify the findings and decision of the Trial Board. The Recording Secretary shall
forthwith mail a copy of said action to the charging party and the accused at their
last-known addresses.
Section 7. If either the charging party or the accused is aggrieved, he may, within
thirty days from the date of notice of said action, appeal therefrom to the General
Executive Board of the International Union by filing such appeal with the General Secretary
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Treasurer at Headquarters in writing. The appeal shall clearly and
specifically set forth the grounds in support of said appeal and shall contain a copy of
the findings and decision, and action.
After notice of such appeal from the General Secretary-Treasurer, the Local Union shall
then submit promptly to the General Secretary-Treasurer, the following:
1. Copy of the charges 2. Copy of the notice for hearing 3. Record of the Trial Board
hearing 4. Copy of Report of the Trial Board 5. Copy of notification of the Trial Board's
decision. 6. Copy of minutes of regular meeting at which the Trial Board reported to the
Local Union 7. Copy of notification of Local Union action
If an appeal is seasonably taken, it shall have the effect of staying the decision and
sentence of the Trial Board and no fine, suspension or expulsion shall be effective
pending the outcome of the appeal, provided, however, that where any officer has been
found guilty and suspended from office because of negligence, incompetence or dishonesty
in the performance of his duty, he shall remain suspended from holding such office pending
the decision of the General Executive Board on his appeal.
Section 8. The matter of conduct of nomination or election of Local Union officers,
officials and delegates is not within the jurisdiction of the Local Union Trial Board.
Any member aggrieved with the nomination process must appeal directly to the
Independent Hearing Officer prior to the holding of the election. Any member aggrieved
with the conduct of election must protest directly to the Independent Hearing Officer
within thirty days after the election. All such protests must clearly and specifically set
forth the grounds upon which the appellant shall rely.
Section 9. In jurisdictions where a District Council exists, all charges for violations
of matters falling within the jurisdiction of
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UNIFORM LOCAL UNION CONSTITUTION |
the District Council, such as violations of agreements, working rules,
etc., shall be filed with the Secretary-Treasurer of the District Council, which shall
have jurisdiction to hear the charges in accordance with the provisions and procedures set
forth in Uniform District Council Constitution Article XII without regard to whether the
charging or charged party is an officer or delegate to the District Council.
ARTICLE XIII
Oath
Each officer or person elected to an elective position, when duly elected as provided
for in the Constitution, shall, prior to being installed and assuming the duties of his
office or position, take the following oath:
"I, (name), do hereby solemnly pledge my honor to recognize and comply with all
the provisions of the Constitution of the International Union, the Uniform Local Union
Constitution and the Uniform District Council Constitution and all of the rules,
regulations, policies, practices and lawful orders and decisions adopted and promulgated
in the furtherance and administration of the said Constitutions, and to perform the duties
of my office as prescribed in said Constitutions and to deliver to the Union all of the
books, papers and other property of the Union that may be in my custody and control at the
close of my official term.
And, I further declare that I am not now a member of, nor sympathize with, any
organization that has for its purpose the overthrow of this Organization or of the
Government of the United States of America or Canada by force or violence. All this I
solemnly promise on my honor, so help me God."
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Laborers for JUSTICE©1999.
All rights reserved as to original work. Provided as a service to LIUNA members
to facilitate the exercise of their right of self governance. Jim
McGough
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