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NAME OF ORGANIZATION
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A
Section 1. This organization shall
be known as the United
Brotherhood of Carpenters and Joiners of America, and shall consist
of an unlimited number of Local Unions, Councils, and members
subject to its laws and usages and shall not be dissolved while
there are three (3) dissenting Local Unions.
B
The following abbreviations, when
used in the United Brotherhood,
shall have these meanings, viz:
U. B., U. B. C., or
United Brotherhood- United
Brotherhood of Carpenters and Joiners of America
G. E. B.-General Executive Board.
B. of T.-Board of Trustees.
S. C.-State Council.
P. C.-Provincial Council.
D. C.-District Council.
R. C.-Regional Council.
G. P.-General President.
G. V. P.-General Vice President.
G. S. T.-General Secretary-Treasurer.
D. V. P.-District Vice President.
L. U.-Local Union.
R. S.-Recording Secretary.
F. S.-Financial Secretary.
G. O.-General Office.
B. R.-Business Representative.
OBJECTS
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Section 2. The objects of
the United Brotherhood are: to organize
workers, to encourage an apprenticeship system and a higher
standard of skill, to develop, improve and enforce the program and
standards of Occupational Safety and Health, to cultivate
friendship, to develop good public relations in the community, to
assist each other to secure employment, to reduce the hours of daily
labor, to secure adequate pay for our work, to establish a weekly
pay day,
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to promote the
establishment of fringe benefit plans for our members through the
collective bargaining process, to coordinate bargaining toward the
goal of taking wages out of competition, and by legal and proper
means to elevate the moral, intellectual and social conditions of
all our members and to improve the trade in every way possible.
OUR PRINCIPLES
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Section 3. We, as a body,
pledge ourselves to give full support
to the objects of the American Federation of Labor and Congress of
Industrial Organizations and the Canadian Labour Congress consistent
with the Objects and Principles of the United Brotherhood and its
Constitution and Laws.
UNION
MADE GOODS
Members of this
organization should make it a rule to purchase
goods and services which bear the trade-mark of organized labor or
are made or provided by union members, and to support businesses and
individuals that respect and honor the goals and principles of the
labor movement.
LABOR
LEGISLATION
It is of the greatest
importance that members should vote intelligently, hence the members
of this Brotherhood shall strive to secure legislation in favor of
those who produce the wealth of the country, and all discussions and
resolutions in that direction shall be in order at any regular
meeting.
LABOR
DAY
The working men and women
of the United States and Canada
are honored each year on Labor Day. Labor Day is of special
significance to the members of the United Brotherhood because its
founder (Peter J. McGuire), the father of Labor Day, was a General
Officer of the United Brotherhood. We, therefore, urge each member
and
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each subordinate body
of the United Brotherhood to observe Labor Day in a manner
appropriate to its purpose and urge each member to participate as
fully as may be possible in Labor Day programs in which his or her
Local Union takes part.
FAITHFUL WORK
We hold it as a sacred
principle that Trade Unionists, above
all others, should set a good example as good and faithful workers,
performing their duties to their employers with honor to themselves
and their organization. We do not recognize the practice of grading
skilled workers.
SHORTER
HOURS OF LABOR
We hold a reduction of
hours for a day's work increases the intelligence and happiness of
the laborer, and also increases the demand for labor and the price
of a day's work. We advocate the adoption of the Five-Day,
Thirty-Hour Work Week and urge all Local Unions to put this into
effect as soon as possible.
OTHER
INTERESTS
We recognize that the
interests of all labor are identical regardless
of occupation, sex, nationality, religion, or color, for a wrong
done to one is a wrong done to all. We object to prison contract
labor because it puts the criminal in competition with honorable
labor for the purpose of cutting down wages, and also because it
helps overstock the labor market.
GENERAL OFFICE
HEADQUARTERS
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Section 4. The General
Office Headquarters of the United
Brotherhood shall be located in Washington, D.C.
AFFILIATIONS
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Section 5. If the
International Body is affiliated with the AFLCIO
and the Canadian Labour Congress, Local Unions, with the
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consent of their
affiliated Council, and Councils may affiliate with
the appropriate Central, State and Provincial Bodies of the AFL-CIO
and the Canadian Labour Congress. Tax to the AFL-CIO and Canadian
Labour Congress is to be paid directly from the General Office. If
the International Body is affiliated with the AFL-CIO and the
Canadian Labour Congress, Local Unions, with the consent of their
affiliated Council, and Councils may affiliate with all Provincial,
State and Local Building and Construction Trades Councils where such
bodies exist. The General Executive Board may affiliate the United
Brotherhood with or disaffiliate the United Brotherhood from any
coalition, federation or other group of labor organizations if the
Board determines that such affiliation or disaffiliation is in the
best
interest of the United Brotherhood and its members.
JURISDICTION
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A
Section 6. The
jurisdiction of the United Brotherhood of Carpenters and Joiners of
America shall include all branches of the Carpenter and Joiner
trade, the industrial sector, and any kind of work being performed
by any members of the United Brotherhood. In it shall be vested the
power through the International Body to establish and charter
subordinate Local and Auxiliary Unions, District, Regional,
Industrial, State and Provincial Councils in all branches of the
trade, and its mandates must be observed and obeyed at all times. In
view of technological developments and industrial diversification,
no type of employment category shall be excluded from the
jurisdiction of the United Brotherhood, whether or not spelled out
in
Section 7. The United Brotherhood is empowered, upon agreement of
the Local Unions and Councils directly affected, or in the
discretion of the General President subject to appeal to the General
Executive Board, where the General President finds that it is in the
best interests of the United Brotherhood and its members, locally or
at large, to establish or dissolve any Local Union or Council, to
merge or
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consolidate Local
Unions or Councils, to establish or alter the trade or geographical
jurisdiction of any Local Union or Council, to form Councils and to
permit, prohibit or require the affiliation with or disaffiliation
from any Council by any Local Union, including the right to
establish statewide, province wide and regional Local Unions or
Councils having jurisdiction over specified branches or subdivisions
of the trade. The vested rights of the members shall be preserved
and where action as herein described is taken, the General President
and General Executive Board shall preserve the membership rights of
the members of affected Local Unions, including their right to
attend and participate in meetings, to vote, to nominate candidates
and to be
nominated and run for office. In connection with the foregoing, the
General President may, upon finding it appropriate, appoint a
committee to hold hearings upon due notice to directly affected
Local Unions or Councils, and make findings and recommendations.
B
The right is
reserved to the United Brotherhood through the
International Body to regulate and determine all matters pertaining
to the various branches and subdivisions of the trade. The General
President may designate subdivisions of the trade and may provide
such support as he deems appropriate to further the interests of the
United Brotherhood and its membership in such trade subdivisions.
C
To subordinate
Local or Auxiliary Unions, District, Regional,
Industrial, State and Provincial Councils the right is conceded to
make necessary laws for Locals and District, Regional, Industrial,
State and Provincial Councils which do not conflict with the laws of
the International Body.
D
The United Brotherhood of
Carpenters and Joiners of America
shall have the right to establish supervision over and to conduct
the
affairs of any subordinate body (including the removal of any or all
officers of such subordinate body) to correct financial
irregularities
or to assure the performance of collective bargaining agreements and
the responsibility of the subordinate body as a bargaining agent or
to protect the interests and rights of the members or whenever the
affairs of the subordinate body are conducted in such a manner as to
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be detrimental to the
welfare of the members and to the best interests of the United
Brotherhood, subject, however, to the provisions of Paragraph H of
Section 10. The authority granted to the United Brotherhood herein
includes the authority to establish supervision to prevent secession
or disaffiliation by any subordinate body or bodies.
E
The United Brotherhood
shall enact and enforce laws for its
government and that of subordinate Locals and Auxiliary Unions
and District, Regional, Industrial, State and Provincial Councils
and members thereof.
TRADE AUTONOMY
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A
Section 7. The
broad, evolving trade autonomy of the United
Brotherhood of Carpenters and Joiners of America includes at its
core, but is not limited to, the milling, fashioning, joining,
assembling, erection, fastening or dismantling of all material of
wood, plastic, metal, fiber, cork and composition, and all other
substitute materials, as well as the handling, cleaning, erecting,
installing, repair, renovation, maintenance, and dismantling of all
machinery, equipment and all materials used by members of the United
Brotherhood.
B
Our claim of jurisdiction,
therefore, covers all kinds of work
being performed by members of the United Brotherhood and
includes but is not limited to the following classifications:
Carpenters and Joiners; Millwrights; Pile Drivers, Bridge, Dock and
Wharf Carpenters, Divers, Underpinners, Timber Workers and Core
Drillers; Shipwrights, Boat Builders, Ship Carpenters, Joiners and
Caulkers; Cabinet Makers, Bench Hands, Stair Builders, Mill and
Factory Workers; Wood and Resilient Floor Layers, and Finishers;
Carpet Layers; Shinglers, Siders; Insulators; Acoustic and Dry Wall
Applicators; Shorers and House Movers; Loggers, Lumber and Sawmill
Workers; Furniture Workers; Reed and Rattan Workers; Shingle
Weavers; Casket and Coffin Makers; Box Makers, Railroad Carpenters
and Car Builders; Show, Display and Exhibition Workers; and
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Lathers, regardless
of material used; also Public Sector Workers,
Health Care Workers, Tile, Marble and Terrazzo Industry Workers and
Aerospace Workers; and all those engaged in the operation of
woodworking or other machinery required in the fashioning, milling
or manufacturing of products used in the trade, or engaged as
helpers to any of the above divisions or subdivisions, and the
handling, erecting and installing material on any of the above
divisions or subdivisions; burning, welding, rigging and the use of
any instrument or tool for layout work, incidental to the trade; the
erection and placement of all materials used in lathing procedures;
and all work with and on robotics, included but not limited to,
rigging, handling, installing, maintaining, programming, and use of
all stationary and/ or portable robots, this includes the use of all
robots used in any industry, including the nuclear field. When the
terms "carpenter(s)" or "carpenter(s) and joiner(s)" are used, it
shall mean all the divisions and subdivisions of the trade.
LAWS
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A
Section 8. The
Constitution of this organization shall include
general laws of the United Brotherhood and rules for subordinate
bodies under its jurisdiction. The terms "Constitution" and
"Constitution and Laws" shall have the same meaning. All references
in the Constitution to the masculine gender shall automatically
include the feminine gender.
B
The Constitution and Laws
can be amended or altered in conformity with the provisions of
Section 57 except as provided for in Section
14A.
GENERAL OFFICERS AND
ELECTIONS
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A
Section 9. General
Officers of the United Brotherhood shall
consist of a General President, General Vice President, a General
Secretary-Treasurer, and one District Vice President from each
district of the United Brotherhood, who shall be exempt from all
duties in their respective Local Unions.
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B
The General Officers shall
be elected at the General Convention by a plurality vote of the
delegates present and voting by secret ballot. The nominations shall
be made on the third day of the first week of the Convention, and
the election shall be held on the fourth day of the first week of
the Convention.
C The
election shall be conducted by an Election Committee, the
members of which shall be appointed by the General President. No
nominee for General Office shall be eligible to serve on said
Committee. Upon completion of the tabulation of the votes, the
Election Committee shall report to the General President the names
of the General Officers elected and same shall be reported to the
Convention, and those elected shall hold office for a term of five
(5) years or until their successors are duly chosen and qualified,
whichever is later. Each newly elected officer shall be administered
the oath of office at the General Convention and shall officially
assume his office 45 days after the election or, in the event of an
earlier vacancy, at the time such vacancy occurs.
D
A member to be
eligible for nomination and election as a
General Officer must be present at the time of nomination, or in
the anteroom on authorized business, or out on official business,
or prevented by accident or sickness or other substantial reason
from being present in which case the candidate shall submit a letter
of acceptance if nominated, nor shall the member be eligible
unless working for a livelihood in a classification within the trade
autonomy of the United Brotherhood as defined in Section 7 or
in employment which qualifies him or her for membership, or is
depending on the trade for a livelihood, or is employed by the
organization as a full-time officer or representative; provided,
further, that members who are life members, apprentices, trainees or
probationary employees shall not be eligible. A member must have
been twelve (12) consecutive months a member in good standing in his
or her Local Union and a member of the United Brotherhood of
Carpenters and Joiners of America for five (5) years immediately
prior
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to nomination. The
member shall be required to establish eligibility
to the Election Committee to qualify under these provisions of the
Constitution and Laws at the time of nomination. To be eligible for
nomination or election as a General Officer, a member must meet
the requirements of Section 31D.
E
No General Officer or Representative
of the United Brotherhood
shall be subject to charges or trial in any Local Union or District
Council.
F
Where charges are filed against a
General Officer or representative of the General Office of the
United Brotherhood, the Executive Committee of the District Council
or the Local Union may dismiss the charges, or the charges shall be
referred by the District Council or Local Union to the General
Executive Board. The General Executive Board may conduct an
investigation and hearing and dismiss the charges or, in the case of
a General Officer, if it finds upon the entire record that the
accused has violated the Constitution and Laws, may issue a
reprimand or may, by a two-thirds vote, recommend suspension from
office. No General Officer shall be fined or expelled and no General
Officer shall be suspended from office except by a majority vote of
the members voting in a general vote of the United Brotherhood taken
in accordance with the Constitution
and Laws; provided, however, that the General Executive Board
may suspend the accused pending determination of the charges by
a two-thirds vote of the General Executive Board. Prior to any
general vote taken under this Section, all Local Unions shall
receive a copy of the charges, a summary of the evidence and
position of the parties, and a report of the findings and
recommendations of the General Executive Board, if any, and the same
shall be fully published to the membership. If the General Executive
Board finds a Representative guilty of charges, the Board may fine,
suspend or expel the Representative and/or terminate his or her
employment. The authority so granted to the Board does not supersede
the authority of the General President to terminate a Representative
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GENERAL PRESIDENT
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A Section 10. The General President shall issue and sign
all charters, may grant dispensations in extraordinary cases and may
fill any vacancies among the General Officers by consent of a
majority of the General Executive Board. The General President shall
have the authority to appoint any member as a Representative to
assist in carrying on the affairs of the United Brotherhood. Such
representative shall have the same qualifications as those required
by General Officers. When directed by the General President, the
Representative shall assist and advise the officers and Business
Representatives of Local Unions and Councils. They shall also
perform such other duties as directed by the General President. The
compensation for Representatives shall be fixed by the General
President.
B The General President may personally, or by deputy, take
possession for examinations of all books, papers and other records,
including all financial records, of any Local Union, Council, or
other subordinate body, summarily when necessary, and the same shall
remain in possession of the General President within the
jurisdiction of the Local Union, Council, or other subordinate body
until a complete report has been made and filed. During said
examination a representative of the Local Union, Council, or other
subordinate body may be present.
C The General President may issue charters to Auxiliary
Unions.
D The General President may authorize the formation of
Retiree Clubs composed of retired members of the United Brotherhood
no longer working at the trade.
E The General President shall appoint a permanent Financial
Oversight Committee comprised of Local Union and Council
representatives, and all other committees unless otherwise provided.
All members of the Financial Oversight Committee shall be appointed
for a three-year term and shall not serve consecutive terms. The
General President shall designate a member of the Financial
Oversight Committee as chair for a one-year period, and no member
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shall serve consecutive periods as chair. The
compensation of all members of committees shall be regulated by the
General Executive Board.
F The General President shall have the authority to decide
all points of law, grievances and election appeals, under Section
53G, except funeral donations. All other appeals shall be decided by
the Appeals Committee established in Section 53, except as otherwise
provided. The General President shall have the power to suspend any
Local Union or Council for violation of the Constitution and Laws of
the United Brotherhood, or for willfully or directly violating the
Constitution and Laws or principles of this United Brotherhood, or
acting in such a manner as to undermine its welfare, after due
notice and hearing and subject to an appeal to the General Executive
Board by the subordinate body involved. G The General
President shall supervise the entire interest of the United
Brotherhood, and perform such other duties as the Constitution and
Laws of the United Brotherhood may require, and may by virtue of the
office be a delegate to the Conventions of the AFL-CIO and the
Building and Construction Trades Department, and such other
Departments with which the United Brotherhood is affiliated, and
shall submit a quarterly report to the General Executive Board and
shall also submit monthly to the General Secretary-Treasurer an
itemized account of all moneys expended by the General President on
behalf of the United Brotherhood.
H Whenever it appears to the satisfaction of the General
President that any Local Union or member thereof, or any Council is
acting contrary to the welfare of the United Brotherhood of
Carpenters and Joiners of America, or that supervision should be
established over the conduct of the affairs of any subordinate body
as set forth in Section 6D, the General President may appoint a
committee to hold a hearing, after due notice to such subordinate
body or member. Upon completion of the hearing, the committee shall
report its findings and recommendations to the General Executive
Board and to the member or subordinate body involved. The General
Execu-
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tive Board is empowered to take such action as is
necessary and proper for the welfare of the United Brotherhood of
Carpenters and Joiners of America, subject, however, to the right of
appeal to the next General Convention, to the extent permitted by
Section 53G. If the General President determines that an emergency
situation exists, the General President may appoint a representative
to assume supervision over any Local Union or Council pending the
holding of a hearing and the completion of the proceedings as
provided for in this Section.
I Where an Auxiliary, Local Union, or Council has asked the
assistance of the General Office, the General President may, with
the consent of the General Executive Board, make settlement with
employers, and the said Auxiliary, Local Union, or Council must
accept the same.
J Whenever, in the judgment of the General President,
subordinate bodies or the members thereof are working against the
best interests of the United Brotherhood, or are not in harmony with
the Constitution and Laws of the United Brotherhood, the General
President shall have the power to order said body to disband under
penalty of suspension.
K The General President shall have the power to grant
dispensation on all matters which will be beneficial to the United
Brotherhood.
L No two subordinate bodies of the Brotherhood shall
negotiate for the same contract with the same employer but if two
subordinate bodies do open negotiations, the General President shall
designate the proper bargaining unit of the Brotherhood which shall
complete negotiations for said contract.
M The General President shall have authority to appoint
interim officers and delegates of newly established, consolidated or
merged Local Unions or Councils.
N The General President shall have the authority to develop
policies regarding the UBC membership processing system and other
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computer and technological matters pertaining to the
United Brotherhood which shall be binding on all Local Unions and
Councils affiliated with the United Brotherhood.
O The General President shall have the authority to
repudiate any jurisdictional agreement entered into by any
subordinate body.
GENERAL VICE PRESIDENT
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A Section 11. The General Vice President, under the
supervision of the General President, shall render such assistance
to the General President as may be required and by virtue of the
office may be a delegate to the Convention of the Union Label and
Service Trades Department, AFL-CIO. In case of a vacancy in the
office of the General President, the General Vice President shall
become the General President and perform the duties of that office.
B The General Vice President shall maintain headquarters at
the General Office. The duties of the office shall be to examine and
approve or disapprove of all Local Union and Council Laws. The
General Vice President shall have charge of and issue the Label and
keep a record of same in accordance with the Constitution and Laws
of the United Brotherhood, also keep a record of all union and
nonunion shops, mills and factories, their wages, hours and
conditions for the General Office. This information shall be made
available to Local Unions, Councils, Representatives, and Business
Representatives. The General Vice President shall perform such other
duties as may be assigned by the General President. In the event of
a vacancy in the office of General Vice President, the General
President may appoint a member to fill the vacancy by consent of a
majority of the General Executive Board.
GENERAL SECRETARY-TREASURER
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A Section 12. The General Secretary-Treasurer shall have the
following responsibilities: preserve all important records,
correspondence and documents relating to the business of the United
Brotherhood; conduct all official correspondence pertaining to the
office; sign
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all charters, if in proper order; have charge of the
seal of the United Brotherhood, and affix it to all important
official documents; keep a record of membership status of the United
Brotherhood's members; receive all moneys due from Local Unions and
other sources, giving credit for same; deposit all funds in the name
of the United Brotherhood of Carpenters and Joiners of America in
such banks or other financial institutions as may be designated by
the General Executive Board; invest the funds of the United
Brotherhood in accordance with the Investment Policies approved by
the General Executive Board; make disbursements for general
operating expenses, claims and bills legally due and those
authorized by the General Executive Board, in accordance with the
Disbursements Policies approved by the General Executive Board and
using checks or similar instruments that are signed by the General
Secretary-Treasurer and counter- signed by the General President or
General Vice-President, or by those fiduciaries designated by the
General President and approved by the General Executive Board;
examine and pay donation claims in accordance with the Laws of the
United Brotherhood, order Local Unions to furnish such evidence and
information as may be required to render decisions in donation
claims, and may retain such evidence and papers on file as the case
may warrant, furnishing copies upon the request of the Local Union;
keep a correct financial account between Local Unions and the United
Brotherhood, notifying the Local Unions when two months in arrears,
before the fifteenth day of the third month; submit an itemized
statement of revenues and expenses of the United Brotherhood to the
General Executive Board at the quarterly meetings, submit to them
all books and vouchers pertaining to the office of the General
Secretary-Treasurer for inspection and deliver to the General
Executive Board all such books and vouchers when called on to do so;
and perform such other duties as the General Executive Board may
require. The General Secretary- Treasurer shall employ clerical
assistance in the office of the General Secretary-Treasurer at
reasonable salaries payable from the General Fund. The General
Secretary-Treasurer shall assist the General President in the
discharge of the duties of that office and shall perform
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such other duties as may be assigned by the General
President. In the absence of the General President and the General
Vice President from the General Office, the General
Secretary-Treasurer shall perform the duties of the General
President under the direction of the General President and when not
engaged at the General Office shall devote full time to the interest
of the United Brotherhood under the direction of the General
President. In the event of a vacancy in the office of the General
Secretary-Treasurer, the General President may appoint a member to
fill the vacancy by consent of a majority of the General Executive
Board.
B The General Secretary-Treasurer shall publish "The
Carpenter" magazine pursuant to the schedule decided by the General
Executive Board, and mail a copy of same to the home address of each
member; issue the General Password quarterly, and a General Password
to the Auxiliary Unions semi-annually; publish and forward to the
Secretary of each Local Union a quarterly Financial Statement of
revenues and expenses; compile, and make available to each Local and
Council, directory information including the addresses and meetings
of Local Unions and Councils.
C The General Secretary-Treasurer shall print the
Constitution and Laws of the United Brotherhood in English and any
other appropriate language as approved by the General Executive
Board, and the interpretation of the Constitution and Laws in the
English language shall be the only one by which the United
Brotherhood shall be governed.
D The General Secretary-Treasurer shall make an annual
report, and shall perform such other duties as are required by the
Constitution and Laws of the United Brotherhood. The General
Secretary- Treasurer may by virtue of the office be a delegate to
the Conventions of the AFL-CIO and Building and Construction Trades
Department.
BOARD OF TRUSTEES
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A Section 13. The General President, General Vice
President, General Secretary-Treasurer, and the six (6) District
Vice Presidents
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shall by virtue of their office constitute a Board
of Trustees for the management and control of the Headquarters and
real estate of the United Brotherhood of Carpenters and Joiners of
America in the City of Washington, D.C. and elsewhere.
B By virtue of their office, the General President shall be
Chairperson and the General Secretary-Treasurer shall be Secretary
of the Board of Trustees and it shall be their duty to keep a record
of the meetings of the Board of Trustees.
C The said Board of Trustees shall make a report to the
General Convention of all business transacted in connection with the
Headquarters and the real estate of the United Brotherhood of
Carpenters and Joiners of America.
D The said Board of Trustees shall authorize the General
President and General Secretary-Treasurer to pay all legitimate
expenses in connection with said Headquarters and real estate,
subject to examination and approval of the Board when in session.
E The title of the Headquarters and real estate now held by
this United Brotherhood, or which may be hereafter acquired, shall
be vested by proper conveyance in said Board of Trustees and their
successors in office, to be held by said Board of Trustees in trust
for the sole use, benefit and behalf of this United Brotherhood of
Carpenters and Joiners of America.
F Said Board of Trustees shall have the management and
control of all property, to sell, rent, lease and improve the same
in such manner as the majority of said Trustees shall direct.
However, the Headquarters or real estate on which it is located
shall not be sold, conveyed or encumbered except in accordance with
the following steps: (1) a Headquarters Oversight Committee shall be
appointed, including the members of the permanent Financial
Oversight Committee and seven additional members from among officers
or representatives of affiliated subordinate bodies of the United
Brotherhood; (2) the Headquarters Oversight Committee, exercising
fiduciary responsibility, shall independently review the proposed
sale, conveyance
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or encumbrance and report their recommendation in
writing to the Board of Trustees; (3) approval shall be obtained by
a secret ballot vote of the combined committees of the Board of
Trustees, the Financial Oversight Committee, and the additional
seven members representing various Councils and Locals of the
Brotherhood, or by a majority vote of the membership of the United
Brotherhood voting in a referendum vote taken in accordance with the
Laws of the United Brotherhood.
G All legitimate expenditures in connection
with said Headquarters and real estate shall be paid by the General
Secretary- Treasurer out of the funds of the United Brotherhood in
accordance with the Constitution and Disbursement Policies approved
by the General Executive Board.
H All income received from rents, lease or
sale of said property, or any part thereof, shall be received by the
General Secretary-Treasurer as provided for in the Constitution and
Laws of the United Brotherhood of Carpenters and Joiners of America,
and shall become a part of the General Fund of the United
Brotherhood of Carpenters and Joiners of America. An accounting of
all such receipts and expenses shall be published in the regular
quarterly Financial Statement submitted by the General
Secretary-Treasurer to the Local Unions.
I Members of the Board of Trustees shall
receive no additional compensation for their services in connection
with the management of the Headquarters and real estate.
GENERAL
EXECUTIVE BOARD
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A Section 14. The General Executive Board between Conventions,
in addition to the powers set forth elsewhere in the Constitution
and Laws, shall exercise all the executive and judicial power and
authority of the United Brotherhood, except such power or authority
as may be specifically delegated by the Constitution and Laws to
General Officers and Trustees. The General Executive Board shall
have authority to determine the number of District Vice Presidents
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the number of Districts, the geographical area of
the Districts and to make appropriate provisions for the
administration of the various Districts.
B One member of the General Executive Board shall be elected
from each District. The Eastern District shall consist of
Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania,
Rhode Island, Vermont, Virginia, and West Virginia. The Midwestern
District shall consist of Illinois, Indiana, Kentucky, Michigan,
Ohio, and Wisconsin. The Southern District shall consist of Alabama,
North and South Carolina, Florida, Georgia, Louisiana, Mississippi,
Tennessee, Texas, Canal Zone, Virgin Islands, and Puerto Rico. The
Central District shall consist of Arkansas, Iowa, Kansas, Minnesota,
Missouri, Nebraska, North Dakota, Oklahoma, and South Dakota. The
Western District shall consist of Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah,
Washington, and Wyoming. The Canadian District shall consist of the
entire country of Canada.
C The General Executive Board shall be composed of the
General President, General Vice President, General
Secretary-Treasurer, and one District Vice President from each of
the above districts of the United Brotherhood, who between Board
meetings shall devote their entire time to the interest of the
United Brotherhood, under the supervision of the General President.
The General President shall chair the General Executive Board and
the General Secretary-Treasurer shall be its Secretary; they shall
hold quarterly meetings, or when required, and shall hold special
meetings at the call of the Chair. All correspondence and appeals
for the General Executive Board shall be sent to the General
Secretary-Treasurer, who shall present same at the next regular
meeting of the Board. No General Officers shall vote on decisions
rendered by themselves. Proceedings of the General Executive Board
shall be published in pamphlet form and sent directly to Local
Unions, District, Regional, Industrial, State and Provincial
Councils.
18
D The General Executive Board shall decide
points of law and appeals that may be submitted to it. An appeal to
the General Convention shall not operate as a stay of the decision
of the General Executive Board except, however, that the General
Executive Board shall have the authority to grant a stay of its
decision or a decision of the Appeals Committee when in its judgment
such action is warranted. A member of the General Executive Board
may file charges alleging a violation of the Constitution and Laws
against any officer or member of any subordinate body and the
processing and trial of such charges shall be conducted under
procedures to be established by the General Executive Board. The
Chairperson of the General Executive Board shall from time to time
designate members of the United Brotherhood to serve on a panel
which shall constitute a standing Trial Committee, of which any
three (3) or more members may be designated to conduct trial of a
case. In all such trials a complete record of the proceedings shall
be made. An accused found guilty of violating the Constitution and
Laws may be fined, suspended or expelled by majority vote of the
Trial Committee subject, however, to appeal to the General Executive
Board and the Convention. Appeal of any such decision must be filed
with the Secretary of the General Executive Board within thirty (30)
days from the date on which notice of the Trial Committee verdict or
penalty is mailed to the accused. When an appeal is filed any
penalty imposed shall be stayed pending the decision of the General
Executive Board. When an appeal is filed, a complete record of the
proceedings together with the verdict and penalty of the Trial
Committee shall be submitted to the General Executive Board. A
finding, verdict or penalty of the Trial Committee may be affirmed,
set aside or modified on appeal. A decision of the General Executive
Board may be appealed to the Convention under Section 53H.
E The General Executive Board shall have power to authorize
strikes in conformity with the Constitution and Laws of the United
Brotherhood, and when necessary to defend the organization in any
locality against the attacks of employers, combinations or lockouts,
19
or any attempt to disrupt or destroy the
organization, to support such locality by levying a per capita
assessment and by ordering a cessation of work for any employer
involved, irrespective of where such work is located; enter into
agreement with other organizations with reference to jurisdiction
over work; or a general offensive or defensive alliance.
F The General Executive Board shall have power to protect
the property and interest of the United Brotherhood in such a manner
as they may deem helpful and beneficial.
G The General Executive Board shall have power to disavow
agreements that may have been entered into by any subordinate Local
Unions or Councils, unless such agreements have been approved by the
General President.
H The General Executive Board shall have power to make
agreements with employers covering our jurisdiction; provided such
agreements require employers to conform with the trade rules of the
district where the work is located, or which provide special terms
and conditions found by the General Executive Board to be
appropriate to a particular industry or type of work. In negotiating
pension, health and welfare and other fringe benefit agreements,
Local Unions and Councils shall wherever possible provide for
participation therein by contractors and their employees working in
the area under agreements with the United Brotherhood.
I The General Executive Board and its members are
fiduciaries entrusted with responsibility for the assets of the
United Brotherhood. In carrying out this responsibility, the General
Executive Board shall establish and control the investment policy
governing investment of United Brotherhood assets. Such investments
shall be made only with prior approval of the General Executive
Board, and a written investment report shall be made to all Local
Unions and Councils on a regular basis. The General Executive Board
shall obtain proper surety bonds for all General Officers and
Trustees and such employees of the United Brotherhood as it may deem
neces-
20
sary. The General Executive Board shall require an
annual audit of the accounts and books of the United Brotherhood by
a Certified Public Accountant, and such audit shall be reported in
writing to the General Executive Board. The General Executive Board
shall perform such other duties as may be provided for in the
Constitution and Laws of the United Brotherhood.
J Whenever, by virtue of an increased death rate, a
deficiency is likely to arise in the revenues provided for payment
of Funeral Donations under the Constitution, the General Executive
Board shall have the authority to draw from the funds of each Local
Union such sum for each member in good standing as may be provided
against such deficiency.
K The General Executive Board shall provide for the bonding
of the officers and personnel of the United Brotherhood. The General
Executive Board shall have the authority to provide for the bonding
of officers and personnel of subordinate bodies of the United
Brotherhood. When the General Executive Board provides such bond
coverage through the General Office, all such officers and personnel
must be bonded thereunder to be eligible to hold any office or
employment. The price of such bonds shall be a standing
appropriation to be paid to the General Secretary-Treasurer upon the
receipt of notice from the General Office.
L The General Executive Board shall have power to define in
detail the trade autonomy and jurisdiction of the United
Brotherhood.
M The General Executive Board shall be empowered to
authorize contributions or expenditures in support of or in
opposition to legislation or other political activity, including
support of particular candidates for office, political parties and
other entities, to the extent permitted by law, where such support
is deemed by the General Executive Board to be in the best interests
of the United Brotherhood or its subordinate bodies or members, or
organized labor, generally or in a particular area. This authority
may be delegated by the General Executive Board to the General
President.
21
SUPPLIES FOR
LOCAL UNIONS
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Section 15. All Constitutions, cards and supplies shall be
furnished by the General Secretary-Treasurer, per order of the
Financial Secretary or Recording Secretary of any Local Union or
subordinate body in good standing, and the money for the same will
be billed or shall accompany all orders for supplies when sent to
the General Secretary-Treasurer.
REVENUE
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Section 16. The revenue of the United Brotherhood shall be derived
from a per capita tax from all Local Unions on all members,
applicants and persons paying agency shop or similar fees, also the
amount specified on each new member admitted, charter fees, rent of
office building, interest on bank deposits, income from investments,
subscribers to and advertisements in the Carpenter, fines, supply
sales and other miscellaneous receipts.
GENERAL CONVENTION
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A Section 17. The United Brotherhood shall meet in General
Convention in 2000 and every five (5) years thereafter, on a date
set by the General Executive Board, and the Board shall provide a
suitable place for holding such Convention. The General Convention,
while in session, shall be vested with all the executive,
legislative and judicial authority of the United Brotherhood
together with all powers necessary or incidental thereto.
B A Special Convention may be called as follows: Whenever
fifteen Local Unions, no two of which are located in the same State
or Province, present to the General Executive Board a resolution
calling for a Special Convention, the General Executive Board shall
consider the matter no later than its next regular meeting. If the
General Executive Board is satisfied that a Special Convention for
the purpose requested is in the best interest of the United
Brotherhood, it shall make provision for the holding of such a
Convention at the earliest practical date. Whenever the General
Executive Board shall
22
decide that a Special Convention is necessary, it
shall have authority by majority vote to issue a call for a Special
Convention. A Special Convention shall be subject to the same rules
as a General Convention except that a Special Convention cannot
consider any matter other than as may be stated in the Convention
Call.
C A Local Union shall be entitled to representation in the
Convention for members in good standing in the month that the
Convention Call is issued according to the General
Secretary-Treasurer's records, on this basis: 100 members or less
shall be entitled to one delegate; more than 100 members and not
more than 500, two delegates; more than 500 and less than 1,000,
three delegates; 1,000 members and less than 1,500, four delegates;
1,500 members and less than 2,000, five delegates; 2,000 and less
than 2,500, six delegates; 2,500 and less than 3,000, seven
delegates; a Local Union with 3,000 or more members shall be
entitled to eight delegates plus one additional delegate for every
500 members over 3,000. State, Provincial, Regional, Industrial, and
District Councils and the Canada Council shall be entitled to
representation by election of one delegate. The General Officers of
the Brotherhood (as set forth in Section 9, Par. A) shall receive
full accredited delegate credentials to the Convention from their
respective Local Unions. Each duly elected delegate shall be
entitled to one vote in the Convention, except that delegates
elected by Councils shall not be entitled to vote in the election of
General Officers.
D General Officers shall be accredited delegates to any
General or Special Convention of the United Brotherhood by virtue of
their office. The designation of General Officers as delegates shall
not affect the number of delegates to which their respective Local
Unions shall otherwise be entitled.
E A Local Union shall not be entitled to representation
which owes two months' per capita tax to the General Office.
F The election of delegates and alternates shall be held by
secret ballot within the time specified by the General Executive
Board. All members shall be notified by mail to attend the meeting
at which the
23
delegates and alternates are to be elected. To be
eligible for nomination or election as a delegate or alternate to a
General Convention, a member must meet the requirements of Section
31D.
G The Recording Secretary shall at once report to the
General Secretary-Treasurer the name and post office address of the
delegate(s) and alternate(s).
H Each delegate other than a General Officer shall establish
claim to a seat by presenting proper identification and credentials,
duly signed by the President and Recording Secretary of the Local
Union or the President and Secretary of the State, Provincial,
Regional, Industrial or District Council the delegate represents
with seal attached. Eligibility of General Officers shall be
certified by the General Secretary-Treasurer.
I No proxy representation shall be allowed. A delegate to
the Convention of the United Brotherhood, other than a General
Officer, must hold credentials from the Local Union of which the
delegate is a member, but several Local Unions can club together, or
so can Local Unions in a District, Regional or Industrial Council,
and elect a delegate, but the delegate must hold credentials from
the Local Union in which membership is held. Except as provided
herein, no member may be a delegate from or represent more than one
subordinate body.
J The mileage and expenses for the attendance of said
delegates shall be defrayed by the Local Union or Council they
respectively represent.
K A quorum for the transaction of business shall consist of
a majority of the delegates attending the Convention. Any delegate
who refuses to recognize and obey the sound of the gavel in the
hands of the presiding officer shall be debarred from further voice
or vote during the session, and the action taken by the presiding
officer shall be reported by the General Secretary-Treasurer to the
Local Union or Council which elected the offending delegate as their
representative
24
L The Committee on Constitution and the
Committee on Grievances and Appeals shall meet in advance of the
Convention at a time and place designated by the General President.
Members of the General Executive Board shall not be eligible to act
on either of these committees.
M The Committee on Finance shall examine the accounts of the
General Secretary-Treasurer, and shall verify the audits made by the
General Executive Board, and shall meet at a time and place
designated by the General President.
N The General President shall appoint a Committee on
Credentials, consisting of not less than five members. The Committee
shall meet at the call of the chair. In the event the credentials of
a delegate are protested, the Committee on Credentials shall hear
the protest and submit its findings to the Convention.
ORDER OF PROCEDURE
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Section 18. The order of procedure in Convention in the transaction
of business shall be the same as at the preceding Convention until
such time as the Committee on Rules reports.
DUTIES
OF OFFICERS AT CONVENTION
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Section 19. The General Officers shall be required to attend the
Convention and they shall have a voice and vote in same, and their
expenses shall be paid out of the funds of the United Brotherhood.
GENERAL PRESIDENT
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A Section 20. It shall be the duty of the General President
to preside at all Conventions of the United Brotherhood and conduct
same according to parliamentary rules and in conformity with the
laws of the United Brotherhood, and immediately after the opening of
the Convention shall appoint a Committee on Rules. The General
President shall appoint such other committees as may be necessary.
Each committee shall consist of not less than five delegates.
B The General President shall submit a report to the
Convention.
25
GENERAL
SECRETARY-TREASURER
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Section 21. The General Secretary-Treasurer shall keep a correct
record of the proceedings of the Convention and shall submit a
report to the Convention, including a report of the United
Brotherhood's revenues and expenses.
GENERAL
EXECUTIVE BOARD
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Section 22. The General Executive Board shall submit a report to
the Convention.
BOARD OF TRUSTEES
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Section 23. The Board of Trustees shall submit a report to the
Convention.
PERIOD
COVERED BY REPORTS
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Section 24. The reports required by Sections 20B, 21, 22 and 23
shall cover the period beginning on January 1 of the year in which
the last General Convention was held and ending on December 31 of
the year preceding that in which the General Convention is held at
which the reports are to be submitted.
JURISDICTION AND
POWERS OF LOCAL UNIONS
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A Section 25. It is the continuing obligation of every
Local Union to organize workers.
B Local Unions shall be governed by applicable uniform
bylaws and have the power to make laws and trade rules which in no
way conflict with the Constitution and Laws of the United
Brotherhood, and must be approved by the General Vice President
before becoming law, and shall be filed with the General Vice
President; likewise, all future amendments must be submitted and
filed. Local Unions not affiliated with a District, Industrial or
Regional Council shall have the power to conduct trials of members
who have been charged with violating the Constitution and Laws or
violating the
26
Trade Rules in the Local Union when such violations
occur within the Local Union's jurisdiction and impose such
penalties as they may deem the case requires, subject to Sections 51
and 52, and the right of appeal under Section 53. Local Unions
cannot debar their members from working for contractors or for
employers who are not connected with the Employers' or Builders'
Association, nor shall Local Unions affiliate with any central
organization whose Constitution or Bylaws conflict with those of the
United Brotherhood.
C At any regular or special meeting of the membership of a
Local Union, duly called for the transaction of any business, those
present shall constitute a quorum, provided seven (7) or more
members are present. For any regular or special meeting of the
Executive Committee of a Local Union, those present constitute a
quorum, provided a majority of the members of the Executive
Committee are present. The terms special meeting and special called
meeting have the same meaning.
D Local Unions shall have power to regulate and make payment
of sick donations only by an established Bylaw of the Local Union.
E A Local Union cannot dissolve itself. A Local Union cannot
withdraw from the United Brotherhood so long as two members in good
standing object thereto.
F In communities where there are not a sufficient number of
persons eligible for membership in the United Brotherhood to form a
Local Union, the Representative, or some other person designated by
the General President, shall have the power to initiate applicants
in such localities and provide such members with Dues Books,
Constitutions, etc. Members so initiated shall be under the
jurisdiction and shall pay dues to the Local Union designated by the
Representative.
G Each Local Union is responsible for the carelessness or
negligence of its officers.
H All Local Unions and Councils are prohibited from sending
out circulars or appeals asking for financial aid from any other
Local
27
Union or Council of the United Brotherhood, except
by and with the approval of the General Executive Board.
I The donation coverage of any member may not be changed
from Donation Schedule 1 to Donation Schedule 2, or from Donation
Schedule 2 to Donation Schedule 1 without the written approval of
the General President. Members may not change coverage status from
Donation Schedule 2 to Donation Schedule 1 after reaching their
fiftieth birthday.
J The geographical or trade jurisdiction of any Local Union
may not be changed without the written approval of the General
President.
JURISDICTION AND POWERS OF DISTRICT AND REGIONAL COUNCILS
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A Section 26. It is the continuing obligation of every
District and Regional Council to organize workers.
B Where there are two or more Local Unions located in one
city, they must be represented in a District Council or Regional
Council unless otherwise determined by the General President.
District Councils and Regional Councils shall be composed of
Delegates from Local Unions of the United Brotherhood. They shall be
governed by applicable uniform Bylaws and have the power to make
laws and trade rules which in no way conflict with the Constitution
and Laws of the United Brotherhood and which are approved by the
delegates of the Council and the General Vice President. The General
President shall have power to order such Local Unions to affiliate
with such District or Regional Council, and to determine the
jurisdictional area and trade autonomy of such District or Regional
Council subject to appeal. No Local Union may withdraw from such a
District Council or Regional Council without approval of the General
President.
C District Councils and Regional Councils may be formed in
localities other than in cities where two or more Local Unions in
adjoining territory request it, or when in the opinion of the
General
28
President the good of the United Brotherhood
requires it. No Local Union shall affiliate with or withdraw from
such a District Council or Regional Council without the approval of
the General President. District and Regional Councils so formed
shall be governed by applicable uniform Bylaws and have the power to
make laws and Trade Rules which in no way conflict with the
Constitution and Laws of the United Brotherhood and which are
approved by the delegates of the Councils and the General Vice
President.
D At any regular or special meeting of a District or
Regional Council, duly called for the transaction of any business,
those present shall constitute a quorum, provided seven (7) or more
delegates are present. For any regular or special meeting of the
Executive Committee of a District or Regional Council, those present
shall constitute a quorum, provided a majority of the members of the
Executive Committee are present. The terms special meeting and
special called meeting shall have the same meaning.
E The jurisdiction of District or Regional Councils shall be
determined in accordance with the Constitution and Laws of the
United Brotherhood. The title to all property of the District or
Regional Council shall be held in the name of the Trustees of the
District or Regional Council and/or their successors in office or in
the name of the District or Regional Council. If the property is not
directly held by the Council, but instead by an entity such as a
corporation, the officers of that entity shall be officers of the
Council and/or their successors sufficient to control the Council's
interest in that property. District or Regional Councils having
annual receipts amounting to Fifty Thousand Dollars ($50,000.00) or
more from all sources shall engage a certified or registered public
accountant for periodic audits, but not less than once a year, and
such audits shall be examined by the Trustees for comparison with
the Trustees' audits who shall report their conclusions in writing
to the District or Regional Councils. The Trustees of a District or
Regional Council shall report annually to the General
Secretary-Treasurer on Bond Report Forms supplied by the General
Office.
29
F A District Council or Regional Council
shall have the power to conduct trials of members or Local Unions
within its jurisdiction who have been charged with violating the
Constitution and Laws, violating the District Council or Regional
Council Bylaws and/or Trade Rules or violating the Trade Rules of a
Local Union when such violation occurs within the District Council's
or Regional Council's jurisdiction, and impose such penalties as
they may deem the case requires, subject to Sections 51 and 52 and
the right of appeal under Section 53. District Councils and Regional
Councils cannot debar their members from working for contractors or
employers not connected with Employers' or Builders' Associations,
nor shall District Councils or Regional Councils affiliate with any
central organization whose Constitution or Bylaws conflict with
those of the United Brotherhood.
G Examining Boards may be established by District or
Regional Councils or Local Unions where no District or Regional
Council exists.
H The General President may authorize and charter Regional
Councils to be composed of two or more Local Unions and/or District
Councils. There shall be a Canada Council, with Bylaws to be
approved by the General Vice President.
I The General Executive Board may establish uniform Bylaws
to govern State Councils, Provincial Councils, Regional Councils,
District Councils, Industrial Councils and Local Unions, not
inconsistent with the Constitution and Laws, which shall be in full
force and effect pending ratification or modification by the next
General Convention.
J The geographical or trade jurisdiction of any Council may
not be changed without written approval of the General President.
JURISDICTION
OF STATE AND PROVINCIAL COUNCILS
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A Section 27. State and Provincial Councils may be formed in
accordance with Section 6A of the Constitution and Laws. All Laws of
State and Provincial Councils must be submitted to the General
30
Vice President for approval, and all officers and
members of such Councils shall be held responsible for compliance
with all Laws governing the United Brotherhood.
B State and Provincial Councils shall have the power to make
laws to govern such State and Provincial Councils, which shall in no
way conflict with the Constitution and Laws of the United
Brotherhood, and which must be approved by the General Vice
President before becoming law.
C The jurisdiction of State or Provincial Councils shall be the
State or Province for which they are chartered, unless otherwise
provided in the Constitution and Laws of the United Brotherhood.
D The title to all property of the State and Provincial
Councils shall be held in the name of the Trustees of the State and
Provincial Councils and/or their successors in office or in the name
of the State or Provincial Council. If the property is not directly
held by the Council, but instead by an entity such as a corporation,
the officers of that entity shall be officers of the Council and/or
their successors sufficient to control the Council's interest in
that property. State and Provincial Councils having annual receipts
amounting to Fifty Thousand Dollars ($50,000.00) or more from all
sources shall engage a certified or registered public accountant for
periodic audits, but not less than once a year, and such audits
shall be examined by the Trustees for comparison with the Trustees'
audits who shall report their conclusions in writing to the State
and Provincial Councils. The Trustees of a State or Provincial
Council shall report annually to the General Secretary-Treasurer on
Bond Report Forms supplied by the General Office.
JURISDICTION OF AUXILIARY UNIONS
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A Section 28. Jurisdiction of Auxiliary Unions shall be as
provided for by the Constitution and named in their Charter.
B Auxiliary Unions may make laws to govern their members in
the same manner as Local Unions, provided that such laws are not
31
in conflict with the Constitution of the United
Brotherhood or the Local Union or Council's Bylaws in the area in
which the Auxiliary operates.
C Any member in good standing is permitted to become a
member of a Ladies' Auxiliary Union.
ADMISSION OF
LOCAL UNIONS
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Section 29. Applicants who wish to organize a Local Union may apply
to the General Secretary-Treasurer and request the outfit necessary
for the institution of a Local Union. Issuance of a charter shall be
discretionary with the General President under Section 10A. If after
investigation issuance of a charter is approved, the General
Secretary-Treasurer shall forward the Charter and any administrative
materials necessary to begin operations as a Local Union under the
Constitution of the United Brotherhood. The Charter is at all times
the property of the United Brotherhood.
SUSPENDED
AND LAPSED LOCAL UNIONS AND COUNCILS
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A Section 30. If, at any time, a Local Union, Council or
other subordinate body should withdraw, lapse, dissolve, be
suspended or expelled, or otherwise cease to function as a
subordinate body of the United Brotherhood, all Property, Books,
Charter and Funds held by, or in the name of, or on behalf of said
Local Union or other subordinate body must be forwarded immediately
to the General Secretary-Treasurer for such use or disposition in
the interests of the membership of the United Brotherhood as the
General President in the exercise of his or her discretion may
direct or to such Local Union(s) or Council(s) as the General
President in the exercise of his or her discretion may direct.
B The officers and members of said Local Union, Council, or
other subordinate body will be held responsible for compliance with
the above Section, under penalty of being prosecuted by law, and
forfeiture of membership and donation in this United Brotherhood.
32
C A member of a lapsed or suspended Local
Union, if in good standing, and upon payment of any dues or
assessments then unpaid, can be cleared for transfer to the nearest
Local Union in the vicinity, upon application to the General
Secretary-Treasurer. Once a member is cleared for transfer by the
General Secretary-Treasurer, such member can be transferred to the
nearest Local Union without the personal attendance of the member.
D In no event shall the United Brotherhood be liable for the
obligations or debts of a subordinate body, including a subordinate
body which has withdrawn, lapsed, dissolved, been suspended,
expelled, or otherwise ceased to function as a chartered subordinate
body of the United Brotherhood.
NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE BODIES
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A Section 31. The officers of a Local Union shall be a
President, Vice President, Recording Secretary, Financial Secretary,
Treasurer, Conductor, Warden and three Trustees. The officers shall
constitute the Executive Committee of the Local Union. A Business
Representative who is not a member of the Executive Committee shall
attend the meetings of the Executive Committee with voice but
without vote. No member may hold more than one office or be a
candidate for more than one office in a regular election, in the
same subordinate body, unless dispensation to combine the two
offices has been granted by the General President. The offices of
Financial Secretary and Treasurer may also be combined by a properly
adopted Bylaw of the Local Union that has been approved by the
General Vice President. In elections held to fill vacancies, a
member who holds an office must resign said office in writing before
accepting nomination as a candidate for another office in the same
subordinate body (unless the offices are combined by dispensation)
and all existing vacancies, including those left by such
resignations, shall be filled by the same nominations and election.
Neither the President, Treasurer, Financial Secretary nor Recording
Secretary can act as Trustee.
33
B Where Local Unions are affiliated with a
District, Industrial or Regional Council, the services of any
Business Representatives, Assistant Business Representatives, and
Organizers shall be provided by and through such Council and such
Business Representatives, Assistant Business Representatives, and
Organizers shall be appointed by the Executive Secretary-Treasurer
of the Council, subject to approval of the Executive Committee of
the Council, and shall be employees of the Council. All Business
Representatives and Assistant Business Representatives shall be
required to participate in any training program for Business
Representatives which shall be established by the United
Brotherhood, and all Organizers shall be required to participate in
any training program for Organizers that may be designated by the
General President. Local Union officers shall be required to
participate in any training program established by the United
Brotherhood for the Local Union officer position they hold. Council
delegates shall be required to participate in any training program
for Council delegates established by the United Brotherhood. An
appointed Business Representative, Assistant Business
Representative, or Organizer shall serve at the discretion of the
District, Industrial, or Regional Council. No member may be
appointed to or hold the position of Business Representative,
Assistant Business Representative or Organizer while receiving a
pension under the United Brotherhood of Carpenters Pension Plan.
C The regular terms of elected officers shall be three years
in Local Unions and three or four years in District, Industrial and
Regional Councils, or until their successors are elected, qualified
and installed.
D A member cannot hold office or the position of Delegate or
a Committee position, or be nominated for office, Delegate or a
Committee position, if receiving a pension under the United
Brotherhood of Carpenters Pension Plan, or unless present at the
time of nomination, except that the member is in the anteroom on
authorized business or out on official business, or prevented by
accident, sickness, or other substantial reason accepted by the
Local Union or Council
34
from being present; nor shall the member be eligible
unless working for a livelihood in a classification within the trade
autonomy of the United Brotherhood as defined in Section 7 or in
employment which qualifies him or her for membership, or is
depending on the trade for a livelihood, or is employed by the
organization as a full-time officer or representative; provided,
further, that members who are life members, apprentices, trainees or
probationary employees shall not be eligible. A member must have
been twelve (12) consecutive months a member in good standing
immediately prior to nomination in the Local Union and a member of
the United Brotherhood of Carpenters and Joiners of America for two
consecutive years immediately prior to nomination, unless the Local
Union has not been in existence the time herein required, and must
remain a member in good standing at all times in order to remain in
the position to which he is elected or appointed. A member who
retires after being elected may complete the term for which elected
unless receiving a pension under the United Brotherhood of
Carpenters Pension Plan. Contracting members are not eligible to
hold office, nor shall a member who has been a contracting member
until six months have elapsed following notification by the member
to his or her Local Union in writing that he or she has ceased
contracting.
E Nomination of officers and delegates of Local Unions shall
take place in May and the election shall take place in June. All
members shall be notified by mail of the time, date and place of the
nominating meeting and the notice shall specify all offices to be
filled. Notice shall be by letter or postcard, or by a notice
conspicuously placed on the front page of the union newsletter or
newspaper, and must be sent to the members' last known address as
reported to the Recording Secretary under Section 44F. Notice in
newspapers or similar publications shall not constitute proper
notice, but may be used as a supplementary notice. Members shall
receive not less than fifteen days' notice of nominations and
elections, and where a combined notice is used it shall be mailed
not less than thirty days prior to the date of the election. Notices
of nomination and election shall be
35
mailed not more than sixty (60) days prior to the
date of such nominations and/or election. Where District Council
officers are to be elected by delegates to the Council in any year
in which the affiliated Local Unions hold regular election of such
delegates, the election of District Council officers shall be by the
incoming delegates and not by the outgoing delegates. In Local
Unions that are not affiliated with a District, Regional or
Industrial Council, if Business Representatives or Assistant
Business Representatives are elected, their qualifications,
nomination, and election shall be governed by the provisions of this
section and the same rules which apply to Local Union officers shall
apply to such Business Representatives.
F The election of officers and delegates shall be by secret
ballot. Ballots shall be prepared in advance listing the names of
all candidates nominated for election. The nominees receiving a
plurality of votes shall be declared elected. Write-in votes shall
neither be authorized nor permitted in the election of Officers or
delegates in any Local Union, District, Industrial, Regional, State
or Provincial Council.
G All Local Union elections shall be conducted by an
Election Committee appointed by the President of the Local Union.
For Council elections, all elections shall be conducted by an
Election Committee appointed by the Executive Secretary-Treasurer of
the Council, or by the President of the Council if no Executive
Secretary- Treasurer position exists or if such position is vacant.
No nominee for office or nominee for delegate shall be eligible to
serve on such Committee. The Financial Secretary shall be available
with all necessary records to establish eligibility of members to be
nominated for and to hold office and to vote in any election. For
purposes of determining the eligibility of members to be nominated
for and to hold office and to vote in any election, the UBC
membership processing system shall be used to determine whether the
length of membership and membership in good standing requirements
have been met, along with other relevant information. If more than
one polling place is used, a list of eligible members shall be
available at each location. The Election Committee shall tabulate
the vote and
36
report to the Local Union or Council. The
Chairperson of the Election Committee shall declare the result of
the balloting and announce the name of the elected candidate. When
voting machines are used the Tellers shall examine the machines
before the start of the voting to see that they are properly set. A
candidate, or his or her observer, may also examine the machines in
conjunction with the Tellers. After the polls have closed the
Tellers shall review the result of the election, fill out and sign
the teller sheets giving the names of the candidates and total vote
each received, which sheet shall be held in safe-keeping by the
Recording Secretary. The Recording Secretary shall preserve all
ballots used and unused and all records pertaining to the election
for one year following the date of the election.
H Where required or permitted by law, a qualified candidate
for office shall be permitted to examine the membership list
containing the names and addresses of all the members once within
thirty days prior to the election, and a Local Union or Council
shall honor reasonable requests from candidates to have their
campaign literature mailed by the Union at the candidates' expense.
A candidate for office may designate a member in good standing as an
observer at the poll and tabulation of the ballots. More than one
observer may be appointed by each candidate as needed to adequately
observe the polls and tabulation. Observers must be members in good
standing. The Election Committee shall determine the number of
observers permitted in each election.
I The installation of Local Union officers shall take place
on the first meeting in July. In case an officer does not appear for
installation within two regular meetings thereafter, the office must
be declared vacant. All Local Unions and Councils shall provide the
United Brotherhood an accurate and current listing of their
officers, Council delegates, organizers, and representatives
immediately following their election or appointment by entering such
information on the UBC membership processing system. Any interim
changes shall be entered on the UBC membership processing system
immediately following such changes.
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J A Local Union or Council may adopt a Bylaw
providing that an officer or representative duly nominated and
elected in accordance with the Constitution and Laws shall, by
virtue of his or her office, be a delegate to a General Convention
of the United Brotherhood or any other subordinate body with which
the Local Union or Council is affiliated. The notices of nominations
and election, and the ballot, must advise the members that the
candidate elected to the office or position will be a delegate to
the General Convention of the United Brotherhood or other
subordinate body.
VACANCIES IN LOCAL AND COUNCIL OFFICES
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A Section 32. If any officer shall fail to discharge the duties
of the office for three successive meetings, without satisfactory
excuse, the office shall be declared vacant by the President. This
provision shall also apply to the position of Business
Representatives and delegates. Failure to attend a regular or
special called meeting without satisfactory excuse shall constitute
failure to discharge duties of the office at that meeting.
B When vacancies occur in any elective office of a Local
Union, the President of the Local Union may appoint a qualified
member to fill the vacancy pro tem, until such time as an election
is held to fill the vacancy. When a vacancy occurs in any elective
office of a Council, the Executive Secretary-Treasurer of the
Council may appoint a qualified member to fill the vacancy pro tem,
until such time as an election is held to fill the vacancy. If no
Executive Secretary-Treasurer position exists or such position is
vacant, the President of the Council may make such pro-tem
appointment.
C Any officer or Business Representative may be removed
after due trial upon charges preferred in conformity with Sections
51 and 52 of the Constitution and Laws.
D In the absence of both the President and the Vice
President, the Recording Secretary shall call the meeting to order
and those present shall elect a President pro tem.
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E Any Local Union or District Council
Officer, elected Business Representative, Delegate or committee
member, who applies for and is issued a Transfer Card from his Local
Union shall be deemed thereby to have resigned his office or
position.
DUTIES OF PRESIDENT OF LOCAL UNION
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A Section 33. The President shall preside at all meetings,
preserve order and enforce the Constitution and Laws of the United
Brotherhood; shall decide all questions of order, subject to an
appeal to the Local Union. The President shall determine all
questions of eligibility for office, subject to an appeal to the
General President under Section 53G. The President shall have the
deciding vote in case of a tie, except in cases of a secret ballot
vote.
B The President shall appoint all committees or such other
officers as may be necessary, unless otherwise ordered, and shall
have the power to order the Recording Secretary to call special
meetings when requested in writing by five members in good standing,
see that bonds are procured for officers and shall perform such
other duties as are required by the office. Members must be notified
of special meetings in writing sent to their last known address and
stating the date, time and place of the meeting and the business to
be transacted. No business not stated in the notice shall be
transacted. Special meetings may be held in conjunction with regular
meetings.
C Any member entering the meeting in a state of intoxication
or who disturbs the harmony thereof, or uses profane or unbecoming
language during the meeting shall be admonished by the Chair. If the
member again offends, he or she shall be admonished again; and for
the next offense may be excluded from the room. The fact that a
member is admonished or excluded from the room under this Section
shall not constitute a bar to the filing and processing of charges
against the member based on his or her conduct at the meeting. A
visiting member shall be subject to these Laws. The Chairperson
shall strictly enforce this Section.
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DUTIES OF VICE
PRESIDENT OF LOCAL UNION
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Section 34. The Vice President shall assist the President in the
discharge of the official duties and shall perform the duties of
President in the event of the absence of the President. In the event
of the death, removal or resignation of the President, the Vice
President shall fill the office of President, until such time as a
President is elected.
DUTIES OF
RECORDING SECRETARY OF LOCAL UNION
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A Section 35. The Recording Secretary shall keep the
correct minutes of each meeting, read and preserve all documents and
correspondence, issue all summons for special meetings, have charge
of seal and affix the same on all official documents, and conduct
all official correspondence. Minutes of meetings shall be safely
preserved as a permanent record of the Local Union, in a form
approved by the General Office.
B The Recording Secretary shall report to the Local Union
the expenditures at the close of each meeting and perform such other
duties as the Local Union may direct, or as prescribed in the
Constitution and Laws of the United Brotherhood.
C The Recording Secretary, when properly instructed, shall
notify all members of the Local Union to present their Dues Books to
the Trustees during the first month of each quarter for the purpose
of comparing them with the books of the Financial Secretary.
DUTIES OF
FINANCIAL SECRETARY OF LOCAL UNION
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A Section 36. The Financial Secretary shall receive all
moneys paid into the Local Union and immediately make entry of same
on the UBC membership processing system and shall without undue
delay see that same is deposited either by paying same to the
Treasurer who shall give a receipt for money received, or by
directly depositing same in the Local Union's name in such bank or
banks
40
as may be designated by the Local Union. The
Financial Secretary shall keep a record of all applications for
membership and a correct account of each member, with full name and
address, on the UBC membership processing system. The Financial
Secretary shall ensure that the names and addresses of all new
officers are entered into the UBC membership processing system, with
the correct beginning and ending dates for terms of office, and that
such information is kept up to date.
B The Financial Secretary shall enter and date each payment
on the member's Dues Book, if applicable, and sign the same, and
shall record all receipts on the UBC membership processing system
and report same to the Local Union.
C The Financial Secretary shall report to the Local Union as
to the numerical and financial standing of the Local Union for the
preceding month at a membership meeting of the Local Union on a
monthly basis and shall be bonded as required by the Constitution
and Laws of the United Brotherhood.
D Local Unions having an established business office shall
have the power, by regularly passed motion, to designate the books
and other property to be kept at the office, and to delegate such
duties to the Financial Secretary as may be deemed expedient for
proper transaction of its business. Where no established business
office is maintained, the Financial Secretary and other officers
shall securely maintain, on the Local Union's behalf, any records or
other property that may be in their possession, and shall make such
records and other property available to authorized officers and
representatives upon request.
E The Financial Secretary shall have full control of all
supplies, and shall issue the same, subject to orders of the Local
Union.
DUTIES OF TREASURER OF LOCAL UNION
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A Section 37. The Treasurer shall receive from the
Financial Secretary all moneys collected and give receipt for and
deposit same in
41
the name of the Local Union in such bank or banks as
may be designated by the Local Union. The Treasurer shall make no
disbursement without the sanction of the Local Union. All checks of
a Local Union must be signed by two or more officers of the Local
Union. The Executive Committee of the Local Union shall designate
which officers shall have authority to sign checks on behalf of the
Local Union, except that the Trustees of a Local Union shall not be
permitted to sign checks of a Local Union.
B The Treasurer shall make an itemized statement the first
meeting of each quarter for the preceding quarter, to the Local
Union, of all moneys received and paid out, and submit books and
vouchers for inspection at any time when called upon, and perform
such other duties as the Local Union may require.
C The Treasurer shall send the per capita tax to the General
Secretary- Treasurer promptly each month for the month preceding,
together with the portion of initiation fees payable to the United
Brotherhood. All moneys shall be payable by check, money order or
other form of payment as authorized by the General Secretary-
Treasurer.
D The Treasurer shall be bonded as required by the
Constitution and Laws of the United Brotherhood.
DUTIES OF CONDUCTOR OF LOCAL UNION
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Section 38. The Conductor shall examine all present at the meeting
and report to the President all without the Password. The Conductor
shall allow no one to remain without the Password. In the case of
those Locals which desire to use the additional oral initiation
ceremony, the Conductor shall obtain the names of all candidates
awaiting initiation and report the same to the President and shall
conduct the candidate through the initiation ceremony, and shall
perform all duties pertaining to the office, and shall be furnished
an assistant when necessary.
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DUTIES
OF WARDEN OF LOCAL UNION
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Section 39. The Warden shall take charge of the doors at the
meeting and see that no one but members with the current quarterly
Password shall enter. Members in good standing, without the
Password, shall be referred to the Vice President for the current
quarterly Password.
DUTIES OF TRUSTEES OF LOCAL UNION
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A Section 40. The Trustees shall have the supervision of all
funds and properties of the Local Union, subject to such
instructions as they may receive from time to time from the Local
Union. The title to all property of the Local Union shall be held in
the name of the Trustees of the Local Union and/or their successors
in office or in the name of the Local Union. If that property is not
directly held by the Local Union, but instead by an entity such as a
corporation, the officers of that entity shall be officers of the
Local Union and/or their successors sufficient enough to control the
Local Union's interest in the property.
B It shall be the duty of the Trustees to see that the
Treasurer or Financial Secretary deposits all moneys received in
such bank(s) as the Local Union designates. The Trustees shall see
that the Recording Secretary of the Local Union notifies the bank(s)
of the names of the officers duly authorized to sign checks for
withdrawals on the account, and that all disbursements are to be
made by check, money order, or other form of payment as authorized
by the General Secretary- Treasurer, except that a petty cash fund
for either the Financial Secretary or the Treasurer is permitted.
C The Trustees shall audit all books and accounts of the
Financial Secretary and the Treasurer, audit all receipts and
accounts of any other person authorized to collect funds, examine
the bank book(s) monthly, and shall report to the Local Union in
writing, and annually to the General Secretary-Treasurer on Bond
Report Forms supplied from the General Office; and shall perform
such other duties as are
43
provided for in the Constitution and Laws of the
United Brotherhood or as the Local Union may direct. Local Unions
having annual receipts amounting to Fifty Thousand Dollars ($50,000)
or more from all sources shall engage a certified or registered
public accountant for periodic audits, but not less than once a
year. Such audits shall be examined by the Trustees for comparison
with the Trustees' Audits and the Trustees shall report their
conclusions in writing to the Local Union.
DUTIES OF COMMITTEES OF LOCAL UNION
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A Section 41. All committees shall perform the duties assigned
to them within the time specified, and shall report in writing.
Eligibility to serve on a Committee is governed by Section 31D, and
no person shall be exempt from serving on a committee when called
upon, except the Recording and Financial Secretaries, unless excused
by vote of the Local Union, or who is already a member of some other
committee. No member can be appointed to a committee unless present
at the time of appointment, except that the member is in the
anteroom on authorized business or out on official business, or
prevented by accident, sickness, or other substantial reason
accepted by the Local Union from being present.
B The first person named on a committee shall chair the
committee until another is chosen by the committee.
C Any committee member who neglects or fails to perform any
duty required by the Constitution and Laws of the United Brotherhood
may be removed by the President, with the exception of members of
the Executive Committee.
QUALIFICATIONS FOR MEMBERSHIP
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A Section 42. Members admitted before January 1, 1994 and
before reaching age 60 shall be covered by Donation Schedule 1 or
Donation Schedule 2 and may be eligible for a funeral donation under
the provisions of Section 48. Members admitted on or after
44
January 1, 1994 shall not be covered by Donation
Schedule 1 or 2 and shall not be eligible for any funeral donation
provided in the Constitution.
B Members in good standing who, on or after January 1, 1987
have or attain 50 years of continuous membership in the United
Brotherhood shall not be required to pay dues to any Local Union and
the Local Union in which they hold membership shall not be required
to pay per capita tax with respect to them to the United
Brotherhood. Such members shall, nevertheless, retain all rights and
privileges as well as other obligations of membership, and shall pay
working dues while working in the jurisdiction of any Local Union or
District Council that has established such working dues, work fees
or supplemental working dues pursuant to Section 45C.
C A candidate to be admitted to membership in any Local
Union of the United Brotherhood must not be less than seventeen
(17).
D A candidate must be of good moral character and competent to
command standard wages. Candidates shall not be denied the right to
membership because of their particular sex, race, color, creed or
national origin.
E A candidate for membership cannot join any Local Union
other than the one in the district in which the candidate is
employed unless permission is granted by the Local Union or
District, Regional, or Industrial Council where employed.
F A member who has been expelled from any Local Union or by
a District, Regional or Industrial Council of the United Brotherhood
shall not be eligible for membership in any other Local Union
without consent of the Local Union or District, Regional or
Industrial Council, and only then by a majority vote of the members
present at a meeting of the Local Union or District, Regional or
Industrial Council from which the member was expelled.
G Any member incapacitated by age or accident may be
permitted to obtain employment at less than the regular scale of
wages with the consent of the union by obtaining a Privilege Card
from the District,
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Industrial, or Regional Council or the Local Union
where no such Council exists.
H Members who contract work or become supervisors must
comply with the Constitution and Laws of the United Brotherhood.
I No member of the United Brotherhood can remain in or
become a member of more than one Local Union, or any other
organization of carpenters and joiners, or any mixed union of
building trades workers, or any organization whose jurisdictional
claims overlap or infringe upon those of the United Brotherhood,
under penalty of expulsion. Any member who accepts employment under
nonunion conditions during the time of a strike or lockout, or being
employed as an armed guard during a strike or lockout, shall not be
entitled to any donations. If a member is accused of holding
membership contrary to this Section, the Executive Committee of the
Local Union or District, Industrial or Regional Council shall give
the member due notice of the charge, shall afford the accused a
hearing and a full opportunity to present a defense. If after
hearing the Executive Committee finds that the member holds
membership contrary to this Section, the member shall be permitted
thirty days in which to resign or withdraw from any conflicting
membership and to so notify the Executive Committee. If the member
fails to do so, his or her membership shall be revoked.
J No member of a Local Union shall be eligible to vote for
Officers or Delegates unless such member has been at least 12
consecutive months a member of the Local Union and is in good
standing in the Local Union at the time of voting, except where the
Local Union has not been in existence the time here required.
Retired members not working at or depending on the trade for a
livelihood shall not be entitled to vote on trade movements
affecting wages or working conditions or on ratifications of
contracts. For purposes of determining eligibility to vote, the UBC
membership processing system shall be used, along with other
relevant information. The method of contract ratification, which may
include a vote of the membership, shall be
46
decided by the Regional, Industrial or District
Council where such a Council exists or by the Local Union if such
Local Union is not affiliated with a Regional, Industrial, or
District Council and is not mandated by the Constitution and Laws.
APPRENTICESHIP
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A Section 43. The United Brotherhood may establish Standards
for apprenticeship and training programs, including skill upgrading,
covering trades and industries within the United Brotherhood's
jurisdiction. Where such Standards have been established, it shall
be the responsibility of District Councils or Regional Councils, or
of Local Unions where no District or Regional Council exists, to
develop and implement programs complying with the Standards and
approved by the United Brotherhood. A graduate of an approved
apprenticeship program shall be recognized within the United
Brotherhood as a journeyman at his or her trade.
B Individuals participating in approved apprenticeship and
skill training programs may be admitted to membership in the United
Brotherhood prior to attaining journeyman certification, at the
following reduced initiation fees: the initiation fee before
attaining second year apprenticeship status shall be 20 per cent of
the journeyman fee; when admitted as a second year apprentice, 40
per cent of the journeyman fee; when admitted as a third year
apprentice, 60 per cent of the journeyman fee; and when admitted as
a fourth year apprentice, 80 per cent of the journeyman fee.
Participants in apprenticeship and training programs shall be
subject to the lawful agreements, conditions and procedures required
by the Council or Local maintaining the program. Participants in
approved apprenticeship and skill training programs who are members
of the United Brotherhood shall comply with all lawful agreements,
conditions, rules, and procedures of an apprenticeship program
maintained by a Council or Local. Any member who violates this rule
may be subject to a fine, suspension or expulsion after due notice
of the charge, opportunity to defend, and hearing.
47
ADMISSION OF
MEMBERS
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A Section 44. The General President shall authorize the use of
a Membership Application form containing the Obligation. Where an
applicant signs such an application, and makes a payment, thereby
becoming bound by the Obligation, action of the investigating
committee or approval of the membership shall not be required for
admission to membership. A candidate qualified and who desires to
become a member of any local union of the United Brotherhood must fi
ll out and sign the regular application. The Financial Secretary
shall forward completed membership applications to the General
Secretary- Treasurer and shall enter the names and addresses of all
applicants and new members into the UBC membership processing
system.
B The application of the candidate must be presented to the
Financial Secretary, with the full initiation fee, which (except for
apprentices) shall be not less than Forty Dollars ($40.00) for
individuals who work in construction and not less than Twenty-Five
Dollars ($25.00) for individuals who do not work in construction,
and a sum equal to the current month's dues. An applicant may be
permitted to pay the initiation fee in installments over a period
not to exceed 90 days. In such cases the applicant shall deposit
dues for each month commencing with the month of application. When
the applicant is accepted into membership his or her membership
shall date from the day of application. If an applicant fails to
complete payment of the initiation fee within 90 days (or such
period not to exceed an additional period of 60 days which may be
granted by the Local Union for good cause), the applicant shall
forfeit all amounts paid for dues or initiation fees and can only
join by filing a new application to be processed in accordance with
this Section. The initiation fee and dues paid shall be retained by
the Local Union or District or Regional Council, except for per
capita to the United Brotherhood for all months for which dues were
deposited whether or not the applicant becomes a member. Applicants
for membership permitted to pay the initiation fee in installments
shall not be eligible to transfer until six (6) months after
completing all installment payments. While an applicant he or she
shall not be eligible to transfer
48
C The new member shall be supplied with a
Dues Book, or the equivalent, and a copy of the Constitution and
Laws of the United Brotherhood and Bylaws and Working Rules of the
District. Local Unions using check-offs are not required to issue
dues books, except when a transfer is granted under Section 46, or
as otherwise needed.
D Each member will be entitled to all the rights and
privileges of this Brotherhood as prescribed in the Constitution and
Laws of the United Brotherhood by strictly adhering to the
Obligation as prescribed.
OBLIGATION
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I do, of my own free will and accord, solemnly and sincerely
promise-on my sacred honor-that I will never reveal-by word or
deed-any of the business of this United Brotherhood- unless legally
authorized to do so. I promise to abide by the Constitution and
Laws-and the will of the majority- observe the By Laws and Trade
Rules-established by Local Unions and Councils-affiliated with the
United Brotherhood- and that I will use every honorable means-to
procure employment for brother and sister members. I agree that I
will ask for the Union Label-and purchase union made goods- and
employ only union labor-when same can be had. And I further agree
that-if at any time it should be discovered-that I have made any
misstatements-as to my qualifications for membership-I shall be
forever debarred from membership- and donations in this order. I
pledge myself to be obedient to authority-orderly in the
meetings-respectful in words and actions-and charitable in judgment
of my brother and sister members. To all of this I promise and
pledge-my most sacred word and honor-to observe and keep-and the
same to bind me-as long as I remain a member of this Brotherhood.
And I further affirm and declare-that I am not now affiliated with-
and never will join or give aid-comfort-or support to any
organization that tries to disrupt any Local Union-District
Council-Regional Council-State or Provincial Council or the
International Body-of the United Brotherhood of Carpenters and
Joiners of America.
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E Members in good standing may visit any
Local Union provided they are in possession of the current quarterly
Password and membership Dues Book.
F Each member is required to keep the Recording Secretary
and Financial Secretary properly notified of correct place of
residence and any change of same, and shall be assessed
administrative costs of One Dollar ($1.00) if this information is
not kept current. G A member can remain a contractor or
enter into the business of contracting, provided the member becomes
signatory to and complies with the United Brotherhood collective
bargaining agreement covering his work, obeys trade rules and
complies with the Constitution and Laws of the United Brotherhood.
Any violation of this rule shall be punished after due trial by a
fine or expulsion. A contracting member shall not be eligible as an
officer, business representative, or delegate of a Local Union or
eligible to vote for officers, business representative(s), and
delegates and shall not be eligible to vote on the wage question.
H An ex-member desiring to rejoin the United Brotherhood may
be readmitted only as a new member, subject to such readmission fee
as provided for in the Bylaws of the Local Union or Council where
application for membership is made. The Local Union or Council
readmitting the ex-member shall ascertain the reason he or she was
dropped from membership and if dropped for nonpayment of dues, shall
collect an additional sum of Fifty Dollars ($50.00). Also if said
ex-member owed any fines or assessments at the time of being dropped
from membership in the Brotherhood, the Local Union or Council
readmitting such ex-member shall collect the amount of the
indebtedness and forward it to the Local Union or to the Council to
which it is due. If an ex-member does not pay any such indebtedness,
the ex-member may not be accepted for readmission unless
dispensation is granted by the General President. An ex-member
desiring to rejoin a Local Union in the same subdivision of the
trade in which he previously held membership shall not be required
to take an examination with respect to his qualifications in that
subdivision of the trade.
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I The General Executive Board shall have the
power to set the maximum initiation fee for all Local Unions and
District Councils. Special dispensation to lower the initiation fee
may be granted by the General President for organizing purposes by
written request for periods up to twelve months and same may be
renewed.
FINANCES AND DUES
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A Section 45. Effective January 1, 1996, minimum dues in all
Local Unions shall be established in an amount not less than
Thirteen Dollars and Seventy-Five Cents ($13.75) per month for
Schedule 1 Local Unions and Thirteen Dollars and Twenty-Five Cents
($13.25) per month for Schedule 2 Local Unions, to be paid by all
members. The minimum dues shall be increased by the amount by which
the per capita tax provided in Section 45D, E or F is increased by
action of any Convention of the United Brotherhood, as of the
effective date of any such increase in per capita tax. Whenever, in
the judgment of the General President, the dues established by any
Local Union or per capita tax by a District Council appear
inadequate to enable the Local Union or District Council to function
properly and in accordance with the Constitution and Laws of the
United Brotherhood, the General President shall have the authority
to make a survey of the finances of such Local Union or District
Council. Upon completion of the survey the General President shall
submit a report to the General Executive Board. The General
Executive Board is authorized and empowered upon the basis of the
survey to establish the proper amount of such dues. The General
Executive Board is also authorized and empowered to establish a
minimum fee to be paid by each member for a working card. The amount
of monthly dues payable by each member to his or her Local Union
shall be increased by the amount by which the per capita tax
provided in Section 45D, E or F is increased by action of any
Convention of the United Brotherhood, as of the effective date of
any such increase in per capita tax. When a Local Union raises its
dues, initiation fee or levies an assessment, a secret ballot vote
shall be taken at a special or called meeting. All members shall be
notified by mail of time,
51
place, and purpose of the vote. All members in good
standing shall be eligible to vote. All assessments must be approved
by the General President.
B Monthly dues are due on the first day of each month, but a
member does not fall in arrears until the last day of the month in
which the member owes three months' dues. No officer or member shall
be exempt from paying dues or assessments, nor shall the same be
remitted or canceled in any manner. Credit for payment of any
month's dues will not be granted based on partial payments but only
on full payment of that month's dues. All non-checkoff monthly dues
shall be considered paid on the date that payment is received at the
Local Union.
C Any Local Union, District Council or Regional Council may
establish working dues, dues checkoff, supplemental work dues or
work fees payable to the Local Union or Council by members working
in its jurisdiction. If a member who owes such dues or fees fails to
pay them as provided by the Local Union, District Council, or
Regional Council, such dues or fees shall be charged to the member
by the Financial Secretary by notice in writing that same must be
paid within 30 days to entitle the member to any privilege, rights
or donations. If the member does not make payment of arrears within
the time prescribed, the member shall not be in good standing and he
or she shall be notified in writing by the Financial Secretary that
unless the amount owing is paid within thirty (30) days thereafter
his or her name shall be stricken from membership. Notices shall be
sent to the last known address of the member as reported by the
member to the Local Union. In cases of such assessments, working
dues or fees owed to a District or Regional Council, notice to the
member by the District or Regional Council shall satisfy the
requirements of this Section. No officer or Business Representative,
and no member receiving benefits of a collective bargaining
agreement, shall be exempted from paying dues or fees established
pursuant to this Section, nor shall the same be remitted or canceled
in any manner.
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D Each Local Union shall pay to the General
Secretary-Treasurer Forty Dollars ($40.00) on each new member
admitted (except first year apprentices) who works in construction,
and except as provided in Section 50, Eight Dollars and Ninety-Five
Cents ($8.95) per month effective January 1, 1996, for each member
in good standing working in construction and each non-member working
in construction for whom an agency shop or similar fee is received.
All such revenue shall be used for the general management of the
United Brotherhood.
E Each Local Union shall pay to the General
Secretary-Treasurer Twenty-Five Dollars ($25.00) on each new member
admitted who does not work in construction, and except as provided
in Section 50, Six Dollars and Thirty-Five Cents ($6.35) per month
effective January 1, 1996, for each member in good standing not
working in construction and each non-member not working in
construction for whom an agency shop or similar fee is received. All
such revenue shall be used for the general management of the United
Brotherhood.
F Local Unions whose members were classified as Benefit
Schedule 1 members as of December 31, 1993 shall be subject to the
per capita rates set forth in Section 45D on January 1, 1994 and
thereafter. Local Unions whose members were classified as Benefit
Schedule 2 members as of December 31, 1993 shall be subject to the
per capita rates set forth in Section 45E on January 1, 1994 and
thereafter. Local Unions having members who, prior to January 1,
1994, received the United Brotherhood disability donation or joined
at age 60 or older, shall pay Six Dollars and Ten Cents ($6.10) per
month effective January 1, 1996, for each such member to be used in
the general management of the United Brotherhood, and each such
member who received a disability donation prior to January 1, 1994
shall pay the minimum dues set forth in Section 45A, unless eligible
for reduced dues under Section 50. No exception shall be made except
upon written approval of the General President.
G The per capita tax shall be held as a standing
appropriation. An order for the same shall be signed by the
President and Recording
53
Secretary without requiring a vote of the Local
Union. Per capita tax includes the amounts prescribed under Sections
45D, 45E, 45F and 50 for all members, applicants on applicant
billing, persons for whom an agency shop or similar fee is received,
and members on reduced dues as provided in Section 50. United
Brotherhood of Carpenters and Joiners of America Pension Plan
contributions required under Section 59 shall also be a standing
appropriation. The General Executive Board is expressly authorized
to increase the per capita tax payable by Local Unions pursuant to
Sections 45D, 45E and 45F and allocable to the general management of
the United Brotherhood, by an amount not to exceed Three Dollars
($3.00) per month during the period from January 1, 2006 until the
General Convention of the United Brotherhood next following January
1, 2010. Such action may be taken by majority vote of the General
Executive Board upon its determination, in its sole discretion, that
an increase has become appropriate or necessary to the continued
effective operation of the United Brotherhood and/or the fulfillment
of its functions under the Constitution, or is consistent with the
spirit and intent of the actions of the 39th General Convention. Any
such increases shall remain in effect until the General Convention
of the United Brotherhood next following January 1, 2010.
H The term "general management of the United Brotherhood" as
used in Sections 45D, 45E, 45F and 50 shall include the
establishment and maintenance of a Defense Fund. The General
Executive Board is authorized to establish and maintain such a
Defense Fund, to allocate a portion of the assets of the United
Brotherhood to establish such a Fund and to allocate a portion of
the per capita tax of the United Brotherhood to the maintenance of
such a Defense Fund. The allocation of the per capita tax to the
Defense Fund may be increased or decreased from time to time as
determined by the General Executive Board. The Defense Fund shall be
established and maintained for the purpose of enabling the United
Brotherhood to combat the forces at work throughout our jurisdiction
which seek to destroy or limit the United Brotherhood and its
subordinate bodies in achieving
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our legal aims of protecting the rights of its
members and prospective members and in carrying out the objects and
principles of the organization.
I A member who owes three months' dues shall be
automatically reported as in arrears on the UBC membership
processing system on the last day of the third month and per capita
tax deducted only for the third month. When the member pays dues to
keep within the six months' limit, but does not square the current
month, starting with the third month of his or her arrearages or any
month thereafter, arrears tax will be charged for the dues paid for
that month or months. When the member squares his or her arrearage
by paying all back dues and the current month's dues, per capita tax
for the unpaid months will be charged.
J It is the duty of the members of a Local Union to see that
the per capita tax of the Local Union is promptly paid. Therefore,
when a Local Union is three months in arrears to the United
Brotherhood or to a District Council in payment of per capita tax,
the General President may suspend payment of all donations to the
Local Union or its members, and such Local Union shall not be
entitled to representation in a District, State or Provincial
Council or other chartered body of the United Brotherhood. When a
Local Union is six months in arrears to the United Brotherhood or to
a District, Industrial, or Regional Council in payment of per capita
tax, its charter may be revoked by the General President. The Local
Union shall be so notified and shall, upon notice by the General
President, cease to exist and shall return its charter to the
General Secretary-Treasurer, and the Local Union and its members
shall comply with the provisions of Section 30. The General
President may grant dispensation for the Local Union to continue to
operate provided it agrees to and complies with arrangements
established by the United Brotherhood for payment of arrearages.
K A member who owes the Local Union two months' dues shall
be notified by mail, in an Address Correction Requested envelope, at
last known address by the Financial Secretary, not later than the
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fifteenth (15th) day of the second month that such
dues are late and that payment should be made immediately. A member
who owes the Local Union three months' dues shall be notified by
mail, in Address Correction Requested envelopes, at last known
address by the Financial Secretary, not later than the fifteenth
(15th) day of the third month of said delinquency, that if said
arrearages are not paid before the last day of the third month that
the member will no longer be in good standing, will not be entitled
to vote on union matters, will not be entitled to the Password, or a
seat, or office in any meetings of any Local Union or Council, and
will be suspended from benefits of funeral donation, until the
member squares up entirely all of the indebtedness (including dues
for the month in which the member squares up the arrearages). Such
member shall further be notified that he or she will not be entitled
to any donations during the time of such arrearages or for a
three-month period from the date of squaring all arrearages.
L A member who owes three months' dues or who has not
squared his or her arrearage in full shall not be entitled to the
Password, or a seat, or office in any meetings of a Local Union or
Council and is not in good standing and is not entitled to vote.
M A member who owes a Local Union five months' dues shall be
notified by mail, in Address Correction Requested envelopes, at the
last known address by the Financial Secretary not later than the
15th day of the sixth month of said arrearage. Unless dues are paid
by the end of the sixth month, the member's name shall be stricken
from the list of membership without a vote of the Local Union.
N Local Unions may impose an assessment not to exceed Five
Dollars ($5.00) for each notice mailed pursuant to the requirements
of Paragraphs K and M, above, to be paid by the member to whom such
notice is sent.
O All fines imposed and assessments legally levied including
strike assessments, and working dues, dues checkoff, supplemental
work dues or work fees duly established under Section 45C, shall be
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charged by the Financial Secretary to the member
from whom due, and the member shall be notified in writing that same
must be paid within thirty (30) days to entitle the member to any
privilege, rights or donations. If the member does not make payment
within the time prescribed, the member shall not be in good standing
and he or she shall be notified in writing by the Financial
Secretary that unless the amount owing is paid within thirty (30)
days thereafter his or her name shall be stricken from membership,
except in case of a fine where an appeal is pending. Notices shall
be sent to the last known address of the member as reported by the
member to the Local Union. In cases of fines, assessments or such
dues or fees owed to a District, Industrial or Regional Council,
notice to the member by the District, Industrial or Regional Council
shall satisfy the requirements of this Section.
P It shall be the duty of a member's home Local Union to
promptly charge and collect, in accordance with the provisions of
Sections 45C and 45O, all fines imposed and assessments legally
levied, and all dues and fees imposed under Section 45C, against
such member by any other Local Union, District Council, Industrial
Council, or Regional Council, upon written request of such other
Local Union or Council, and to forward same to the Local Union or
Council to which the amount is owed. If a Local Union fails to
comply with this duty the General President may suspend payment of
all donations to the Local Union or its members.
Q A member who owes a fine or assessment may continue to pay
dues unless and until stricken from membership under Section 45O.
TRANSFERS
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A Section 46. A member who desires to transfer from one Local
Union to another Local Union must surrender his or her working card
to the Financial Secretary, who shall clear the member for transfer
on the UBC membership processing system if such member is eligible
for transfer. Any Local Union or Council may make application for a
transfer on behalf of a member at the member's
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request. To be qualified to be cleared for transfer,
a member must have been a member of the United Brotherhood of
Carpenters and Joiners of America for at least six (6) months. It
shall be compulsory, except in case of strike or lockout, for the
Local Union to clear such member for transfer, providing the member
has no charges pending and pays all arrearages, together with
current month's dues. All dues in excess of month of issue shall be
refunded to the member or be refunded upon request to the Local
Union accepting transfer. A member against whom charges are pending
and who desires to transfer may be required to deposit a sum not to
exceed One Hundred Dollars ($100.00) in escrow with the District or
Regional Council or Local Union where no District or Regional
Council exists. Clearances for transfer shall expire thirty (30)
days from date of issue. It shall be optional with the Local Union
or Council to clear a member for transfer in a jurisdiction where a
strike or lockout is in effect. A member may leave such jurisdiction
without a clearance for transfer to seek work in another
jurisdiction where no strike or lockout exists, provided the member
presents a statement over the seal of the Local Union or Council in
which membership is held, showing that a strike or lockout is in
effect in said jurisdiction. The member shall pay the prevailing
charge for a Working Permit in the jurisdiction where work is
secured. A District or Regional Council may by a Bylaw properly
adopted and approved restrict the use of transfers among Local
Unions within the District or Regional Council area.
B It is compulsory for the member to report to the office of
the Local Union or District or Regional Council, to request a
transfer into the Local Union before securing work, and comply with
all local laws. And, in no case shall the Financial Secretary accept
dues other than to secure a transfer from a member working in the
jurisdiction of any other Local Union or Council without the consent
of such Local Union or Council. It shall be the duty of the
Financial Secretary accepting dues from a member for transfer who is
working in another jurisdiction to immediately report same to the
Council or Local Union where no Council exists.
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C A member who desires to work in another
jurisdiction and who does not wish to transfer membership, shall
before going to work notify the Local Union, District Council, or
Regional Council in the jurisdiction where work is secured. The
member shall be subject to any working dues or other charges
established in the area pursuant to Section 45C or 55B. The member
shall not be required to pay building or other assessments payable
by members of the Local Union/ District or Regional Council in the
jurisdiction in which the work is secured, unless the General
President approves of the application of such assessment to members
from other areas who are working within the jurisdiction of the
Local Union or Council. Such member will be required to notify the
Local Union or Council upon his or her departure from their
jurisdiction. The General Executive Board may establish procedures
to govern Working Permits with respect to specially trained workers
employed by specialty or specialized contractors who hold agreements
with United Brotherhood. Subject to the approval of the General
Executive Board, where the General President finds it to be in the
best interest of the members, locally or at large, the General
President may establish such policies or procedures with respect to
Working Permits as the General President may find to be
appropriate.
D No Local Union shall have the right to collect dues again
for the month paid on a member in transfer status. The Local Union
clearing the member for transfer shall pay to the General
Secretary-Treasurer the tax for said member for the month only in
which the clearance for transfer is issued, and membership will
remain in the Local Union clearing the member for transfer until the
member transfers into another Local Union. When a Local Union
transfers a member into its Local Union, the member shall be
considered, for per capita tax purposes, a member of the Local Union
effective the first day of the month following the month in which
the transfer was issued.
E Any General Officer, while employed by the United
Brotherhood, shall not be required to take a transfer from the Local
Union in which the General Officer holds membership at the time of
election or appointment.
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F On entering a Local Union a member who has
been cleared for transfer shall present his or her Dues Book or its
equivalent to the Local Union office. If the clearance for transfer
on the UBC membership processing system and Dues Book are in order,
and the identity of the member established, the member shall be
admitted to the Local Union as a member thereof, provided there is
no strike or lockout in effect in that district, and the membership
shall be so notified at the next regular meeting.
G The Local Union clearing the member for transfer shall
refund to the member all dues in excess of the current month. The
Financial Secretary who transfers the member into the Local Union
shall immediately report the same to the Financial Secretary who
cleared the member for transfer.
RESIGNATION OF
MEMBERS
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A Section 47. A member can withdraw or sever connection with
the United Brotherhood by submitting a clear and unequivocal
resignation in writing to the Local Union. A member who resigns can
only be readmitted as a new member.
B A member in good standing who resigns with current dues
paid may be given an Honorary Resignation Card indicating honorary
withdrawal from the United Brotherhood if the member truthfully
affirms in writing that he or she is leaving the industry unless it
is known that the resignation has been submitted for the purpose of
violating Trade Rules. Such card shall be furnished by the General
Secretary-Treasurer on application by the Local Union, on payment of
Fifty Cents (.50) for each card. Within 24 months of honorary
withdrawal, an ex-member who in fact left the industry may be
readmitted to membership without payment of any initiation fee. If
such member pays all back dues for the period of withdrawal, he or
she will maintain the previous initiation date and as per Section
45K will regain donation status three months after the date of
readmission but time during which the member is on withdrawal shall
not be counted as time in good standing for the purpose of
60
computing donations. If the member chooses not to
pay all back dues but commences paying dues as of the current month,
he or she will be given a new initiation date as of the date of
readmission and shall be treated as a new member. In either event,
voting rights in accordance with Section 42J will be reestablished
upon completion of 12 months' consecutive membership in the Local
Union following readmission, and such member cannot be nominated for
or hold office under the terms of Section 31 until 24 consecutive
months after readmission. The foregoing readmission privilege may
not be used more than once in a 3-year period. When a member
resigns, or is expelled, or an applicant as covered by the
Constitution and Laws of the United Brotherhood, who works to the
detriment of the United Brotherhood, the Local Union, District
Council, or Regional Council may place a special initiation fee
against such person, not to exceed Fifty Dollars ($50.00) over their
regular initiation fee for new or ex-members as provided for in
their Bylaws.
CONDITIONAL WITHDRAWALS
C A member employed under an industrial agreement
(non-construction member) at time of layoff (involuntary cessation
of employment) whose dues are paid up for the current month may
request conditional withdrawal. If within 24 months the member
reapplies, the member can reactivate his or her membership in the
Local Union in which conditional withdrawal was granted without
payment of initiation fee. If at the time the member so reactivates
membership the member pays all back dues, he or she will maintain
the previous initiation date and as per Section 45K will regain
donation status three months after the date of reactivation of
membership at the Local Union level but time during which the member
is on conditional withdrawal will not be counted as time in good
standing for the purpose of computing donations. If the member
chooses not to pay all his or her back dues but commences paying
dues as of the current month, he or she will be given a new
initiation date as of the date of readmission and shall be treated
as a new member. When any member on conditional withdrawal
reactivates his or her membership, voting rights
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will be reestablished 12 months after reactivating
membership and such a member cannot hold office or be nominated for
office until 24 consecutive months after reactivation of membership
at the Local Union level and must satisfy the requirements of
Section 31.
MEMBERS ENTITLED TO FUNERAL DONATIONS
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A Section 48. A funeral donation is payable for an eligible
member, according to the Donation Schedules below. An eligible
member is a person admitted to membership in the United Brotherhood
before January 1, 1994, who was not over sixty (60) years of age at
the time of admission, who dies while in good standing and at least
three months after fully squaring any arrearages in monthly dues,
and who has at least thirty (30) years' continuous membership under
Schedule 1 or 2 at the time of death. Members admitted before
January 1, 1994 shall retain the Schedule classification they had as
of December 31, 1993 subject to the provisions of Section 25I,
provided that members who work in construction shall not be eligible
for Schedule 2 status. Donation Schedule 1: An eligible member with
thirty (30) years' continuous membership and Schedule 1 status at
the time of death, qualifies for a $1,000 funeral donation. Donation
Schedule 2: An eligible member with thirty (30) years' continuous
membership and Schedule 2 status at the time of death, qualifies for
a $300 funeral donation.
B The purpose of the funeral donation is to see that the
deceased member is respectably interred; therefore, on the death of
a member in good standing as defined in Section 45, the donation
shall be paid in the following order of priority: (1) To any person
(including the estate of the deceased member) presenting
satisfactory proof that he or she has paid the funeral bill, in an
amount not to exceed the full donation or the amount of the bill,
whichever is the lesser; (2) if no satisfactory proof, as called for
in (1), is received within sixty (60) days after the member's death,
or if there is a remainder after payment is made under (1), the full
donation, or the remainder,
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may be paid to (a) the surviving spouse, if any; (b)
if there is no surviving spouse, to one or more of the surviving
children, if any, in amounts to be determined in the sole discretion
of the General Secretary-Treasurer; (c) if there are no surviving
spouse or children to the estate of the deceased. If it appears to
the satisfaction of the General Secretary-Treasurer that there are
insufficient assets of the deceased to warrant opening of an estate,
payment may be made in the sole discretion of the General
Secretary-Treasurer, to the person who has accepted responsibility
to see that the deceased is respectably interred.
C All revenues of the United Brotherhood, including those
provided for payment of Donations under the Constitution, are part
of the United Brotherhood's assets for the general management of the
union and may be subject to the claims of general creditors of the
United Brotherhood. If claims of general creditors of the United
Brotherhood or other circumstances should require use of such
revenues, it could be necessary to reduce or terminate Donation
payments provided for under the Constitution.
APPLICATION
FOR DONATIONS
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A Section 49. The person applying for donation shall present
to the Local Union concerned a certificate of death, and, if
approved by the Local Union, the same shall be forwarded by the
Financial Secretary to the General Secretary-Treasurer, with the
United Brotherhood's donation application form properly completed
and with all other papers required. B All applications for donations
with respect to members whose death occurs prior to January 1, 2006
must be fi led with the General Secretary-Treasurer within six
months from the date of death, failure to do so shall invalidate the
claim. All applications for donations with respect to members whose
death occurs on or after January 1, 2006 must be filed with the
General Secretary-Treasurer within twelve months from the date of
death, failure to do so shall invalidate the claim. If a claim is
disapproved by the General Secretary-Trea
63
surer, the party or parties shall have the right to
appeal to the General Executive Board any time within three months
from the date of disapproval and, if still dissatisfied, shall have
the right to appeal any time within two years from date of decision
by the General Executive Board to the next General Convention.
C Upon receipt of a claim, the General Secretary-Treasurer shall
investigate the same and, if approved, shall at once forward to the
Financial Secretary a bank check or draft for the amount of the
donation due and payable to the person entitled to receive it.
D Any officer, member or Local Union making use of improper means
to obtain donations, or who shall make false statements or knowingly
presents or signs any claim of a fraudulent character for donations,
upon proof thereof when properly charged and if found guilty, may be
fined, suspended or expelled from the United Brotherhood.
REDUCED DUES
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A Section 50. Dues for members who are no longer working at
the trade, who are age 65 or older, and who have not less than 30
years' continuous membership, shall be Six Dollars ($6.00) per
month. The Local Union shall pay to the General Secretary-Treasurer
Four Dollars ($4.00) per month per capita tax for each such member.
All such revenue shall be used for the general management of the
United Brotherhood.
B Dues for members who are no longer working at the trade
and who are totally disabled shall be Six Dollars ($6.00) per month.
The Local Union shall pay to the General Secretary-Treasurer Four
Dollars ($4.00) per month per capita tax for each such member. All
such revenue shall be used for the general management of the United
Brotherhood. For purposes of this section, a member shall be
considered totally disabled if drawing a Social Security Disability
pension, or a Canada Pension Plan or Quebec Pension Plan Disability
Pension in Canada.
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OFFENSES AND
PENALTIES
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A Section 51. Any officer or member found guilty after being
charged and tried in accordance with Section 52, for any of the
following offenses, may be reprimanded, fined, suspended or expelled
only by a majority vote of the members of the Local Union present at
a regular meeting, or of the delegates to the District or Regional
Council having jurisdiction of the offense. No Industrial Local
Union or Industrial Council, however, may reprimand, fine, suspend,
or expel a member unless such member is an officer of a Local Union
or Council or was an officer of a Local Union or Council at the time
of the alleged offense. In cases of Industrial Councils, reprimands,
fines or suspensions of membership rights may be imposed by majority
vote of the Executive Committee. Expulsions may be ordered only by
majority vote of the delegates to the Industrial Council.
(1) Causing dissension among the members of the United
Brotherhood.
(2) Advocating division of the funds of the United
Brotherhood or any subordinate body thereof.
(3) Advocating separation of any subordinate body from the
United Brotherhood.
(4) Misappropriating the funds of any subordinate body, or
any moneys entrusted to him or her by a member or candidate for the
account of any subordinate body.
(5) Improper harassment of any member of the United
Brotherhood.
(6) Defrauding the United Brotherhood or any subordinate
body. (7) Furnishing to any unauthorized person, without the
consent of the Local Union, a list of the membership.
(8) Divulging to any unauthorized person, the business of any
subordinate body without its consent.
(9) Divulging the quarterly Password for any purpose other
than to enter the meeting.
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(10) Crossing or working behind a picket line
duly authorized by any subordinate body of the United Brotherhood.
(11) Failure to meet transfer procedures before going to work
in a locality where a strike or lockout is pending or in effect.
(12) Lumping for any owner, builder, contractor, manufacturer
or employer.
(13) Violating the Obligation.
(14) Soliciting or accepting contributions, by a candidate
for any elective office or position, from other than members of the
United Brotherhood.
B Any member charged with violating the Bylaws and Trade
Rules of the locality in which he or she is working may be charged
and tried in accordance with Section 52, and if found guilty may be
fined in an amount not in excess of Three Hundred Dollars ($300) by
the Local Union, District Council, Regional Council, or Industrial
Council having jurisdiction, except that no Industrial Local Union
or Industrial Council may conduct a trial with respect to charges
filed against a member or impose a fine against a member unless such
member is an officer of a Local Union or Council.
C No officer, representative or member of the United
Brotherhood or any Council or Local Union shall be subject to
charges or trial based on their actions in complying with or
assisting or cooperating in implementing any instructions,
directions or rulings of the United Brotherhood or any General
Officer.
D A member against whom charges have been preferred, may
attend meetings until the charges have been disposed of. An officer,
business representative, delegate, or committee member may be
suspended from office by a majority vote of the members of a Local
Union at a regular meeting, or by a majority vote of delegates to a
District Council or Regional Council or members of the Executive
Committee of an Industrial Council while the case is pending. Where
a Local Union is affiliated with a District or Regional Council,
only the District or Regional Council shall have the authority to
vote such
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a suspension. Where a Local Union is affiliated with
an Industrial Council only the Industrial Council Executive
Committee shall have the authority to vote such a suspension. An
officer or Business Representative may be suspended without pay but
if such an officer or Business Representative is found not guilty of
all charges, by a Trial Committee or on appeal, he or she shall be
entitled to recover all back pay withheld from the Local Union,
District or Regional Council, or Industrial Council.
CHARGES AND TRIALS
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A Section 52. Any member charged with an offense under Section
51 or Bylaws or Trade Rules shall be given a fair and impartial
trial, and must exhaust all remedies allowed by Sections 52 and 53
before taking the case to the civil courts.
B A member must be charged and tried within the jurisdiction
of the Local Union, District Council, Regional Council, or
Industrial Council where the offense was committed. Where a District
Council, Regional Council or Industrial Council exists, all charges
shall be filed in and tried by the District Council, Regional
Council, or Industrial Council. Provided, however, that the General
Executive Board shall have jurisdiction to initiate and conduct
trials pursuant to the provisions of Section 14D. Where a District
Council, Regional Council or Industrial Council is under
supervision, the General President may authorize the filing and
processing of charges in an affiliated Local Union. Furthermore, no
charges may be filed in or tried by an Industrial Local Union or
Industrial Council unless the member charged is an officer of a
Local Union or Council or was an officer of a Local Union or Council
at the time of the alleged offense.
C All charges must be in writing, must specify the
particular Paragraph of Section 51 or the particular Bylaw or Trade
Rule violated, and must contain a brief statement of the facts upon
which the charge is based.
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D When charges are filed in the Local Union,
District Council, Regional Council or Industrial Council, they shall
be referred promptly to the Executive Committee of the Local Union,
District Council, Regional Council or Industrial Council.
(1) The Executive Committee shall dismiss any charge alleging
a violation described in Section 51A that is filed more than six (6)
months after the date the violation occurred or reasonably should
have been discovered; any charge alleging a Bylaw or Trade Rule
violation that is filed more than thirty (30) days after the
violation occurred or reasonably should have been discovered; and
any charge that the Committee determines is without sufficient
foundation or does not conform to the provisions of Paragraphs B and
C above.
(2) If the Executive Committee determines that charges
conform to the provisions of Paragraphs B and C above, the member
shall be notified in writing to appear before the Executive
Committee. The charges shall then be processed according to one of
the following alternatives:
(a) The Executive Committee may dismiss the charges for a
reason stated in Paragraph 1 above or because the accuser fails to
appear before the Executive Committee after being notified in
writing to appear before the Committee.
(b) The Executive Committee may refer the charges for
trial to the Local Union or District or Regional Council, or to the
Trial Committee of the Industrial Council.
(c) A Local Union, District Council, Regional Council, or
Industrial Council may adopt a procedure whereby an accused may
plead guilty to specific charges, agree to pay a fine or to a
reprimand acceptable to the accused and Local Union or Council and
waive trial and all appeals (other than an appeal alleging violation
of the waiver agreement). The waiver agreement must recite the
Sections allegedly violated and the specifications for the charges.
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E All charges referred to a Local Union,
District Council, or Regional Council must be read at the meeting
and lay over until the next meeting, and the member must be notified
by registered or certified mail by the Recording Secretary of the
Local Union or Council to be present, and at the same time shall be
furnished by the Recording Secretary with a copy of the charges
specified. If a standing Trial Committee has been established, the
notice shall list the names of the members of the Trial Committee
and advise the accused member of his right to strike from said list
any three names which appear thereon, and the accuser shall at the
same time be furnished with that list and notified of his right to
strike three names. The notice shall be sent to the member's last
known address. In the case of an Industrial Council, the accused
shall be furnished by the Secretary of the Executive Committee with
a copy of the charges, sent to the member's last known address,
together with a list of the names of the members of the standing
Trial Committee and the member shall be advised of his right to
strike from said list any three names which appear thereon. At the
same time the accuser shall also be furnished with a list of the
names of the members of the standing Trial Committee and notice of
his right to challenge three members thereof.
F A Trial Committee consisting of five members of the Local
Union or five delegates to the District or Regional Council shall be
selected as follows:
(1) The Local Union, District Council, or Regional Council
shall nominate eleven members or delegates. The Recording Secretary
of the Local Union or District Council shall place their names in
the ballot box and the Vice President shall draw the same from the
box and call the names aloud until five have been drawn. The accused
and the accuser shall have the alternative of each challenging any
three members of the Trial Committee; the member so challenged shall
not serve. When the five have been selected, they shall constitute
the Trial Committee and the case shall be given to them for trial.
(2) In the alternative a Local Union, District Council, or
Regional
69
Council may appoint or elect a standing Trial
Committee consisting of eleven members. If the Local Union, District
Council, or Regional Council receives timely challenges in any case,
the names of the challenged members shall be stricken from the list.
After the time for challenges has expired, the Local Union, District
Council, or Regional Council President shall appoint five members of
the standing Trial Committee to hear the case and the case shall be
given to them for trial.
(3) The President of an Industrial Council shall appoint a
standing Trial Committee consisting of eleven members from among the
members of the Local Unions affiliated with the Industrial Council.
If the Secretary receives timely notice of challenges in any case,
the names of the members challenged shall be stricken from the list.
After the time for challenges has expired, the Secretary shall
appoint five members of the standing Trial Committee to hear the
case and the case shall be given to them for trial.
G Any officer or member who is a party to or directly
interested in any case in a Local Union, District Council, Regional
Council, or Industrial Council, shall not be permitted to act as a
member of the Trial Committee. Members of the Local Union Executive
Committee (where charges are processed in a Local Union), or members
of the District Council, Regional Council or Industrial Council
Executive Committee (where charges are processed in a District
Council, Regional Council or Industrial Council) shall not be
permitted to act as members of the Trial Committee. Where sufficient
eligible delegates are not available to form a Trial Committee
panel, a District or Regional Council may draw upon members of
affiliated local unions.
H At the request of the Chairperson of the Trial Committee,
the Recording Secretary of the Local Union or the Secretary of a
District Council, Regional Council, or Industrial Council, shall,
without delay, summon the accused and accuser in writing, together
with all witnesses whose names have been submitted in writing, and
the case shall be tried on such date(s) as the Chair shall
determine.
70
I The accused and the accuser may appear
before the Trial Committee in person and/or by counsel (who shall be
a member of the United Brotherhood), and shall be entitled to be
present at all times when the Trial Committee is receiving evidence.
All testimony shall be accurately recorded in writing. There shall
be only one official transcript of the proceedings as authorized by
the Local Union, District Council, Regional Council, or Industrial
Council Executive Committee and the Trial Committee Chairperson
shall prohibit the recording or other transcription of the
proceedings other than by the designated official reporter. Persons
who are not members may be called as witnesses by either side. No
member shall be suspended, expelled or fined in an amount in excess
of Two Hundred and Fifty Dollars ($250.00) unless the proceedings of
the Trial Committee shall have been properly recorded by a competent
stenographer who need not be a member. If the accused fails to
appear, the Trial Committee shall proceed with the trial as though
the accused were present. In the event that the accuser fails to
appear, costs of the trial not exceeding Fifty Dollars ($50.00) may
be charged against the accuser and the charges shall be dismissed by
the Chairperson of the Trial Committee forthwith.
J The following trial procedure shall be observed:
(1) The Chairperson shall read the charges and ask the
accused if he or she is "guilty" or "not guilty." If the plea is
"guilty" the Trial Committee shall so find and shall report its
verdict to the Local Union, District Council, Regional Council, or
Industrial Council Executive Committee without further proceedings.
If the plea is "not guilty" the trial shall then proceed.
(2) The accuser's case shall be presented first.
(3) Witnesses shall be called into the trial room one at a
time, and will leave upon completing their testimony, subject to
recall by either the Trial Committee or any of the parties.
(4) The accuser's witnesses shall be called first.
(5) Each party or his or her counsel shall have the right to
cross-examine witnesses presented by the other party.
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(6) Before the Trial Committee shall begin
their deliberations, all other persons shall leave the trial room.
K When the committee has come to a decision in the case, the
Chairperson of said committee shall so notify the Local Union,
District Council, Regional Council, or Industrial Council Executive
Committee. The committee shall submit a full report of the case with
their verdict in writing to the Local Union, District Council,
Regional Council or Industrial Council. The Local Union, District
Council, Regional Council or Industrial Council Executive Committee
shall notify the accused of the meeting at which the committee's
report will be presented, and that if the finding is guilty that any
penalty to be imposed will be considered at that meeting. The notice
shall be mailed to the accused and accuser at their last known
addresses not less than ten (10) days before the meeting at which
the committee will report.
L If the finding is guilty, the Trial Committee shall
recommend in its report such legal penalty as it deems proper, which
then must be approved by a majority of the members present. There
shall be no debate or review of the case by the Local Union,
District Council, Regional Council, or Industrial Council Executive
Committee, except that the accused and the accuser shall be allowed
to plead for, or state their side. The Chair shall announce the
penalty. The accused member and the Local Union to which the member
belongs shall be notified of the verdict and the penalty.
M The penalty imposed upon a member may be set aside or
reduced by a majority vote of the members of the subordinate body
which imposed it before an appeal is filed. After an appeal is filed
the penalty may be reduced or set aside only with the approval of
the General Executive Board.
APPEALS AND
GRIEVANCES
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A Section 53. A member who has been found guilty of a charged
violation under Section 52 may file an appeal with the General
Secretary- Treasurer in accordance with the provisions of this
Section.
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No appeal shall be permitted from a verdict of a
Trial Committee finding a member not guilty of charges filed against
him or her. All appeals received in proper form shall be referred by
the General Secretary-Treasurer to an Appeals Committee for
decision, subject to a final appeal to the General Executive Board;
provided however, that cases involving expulsions from membership
may be appealed to the General Convention.
B The Appeals Committee shall be appointed by the General
President and shall consist of five (5) members. The Chairperson of
the Appeals Committee shall be designated by the General President
and all members of the Appeals Committee shall serve at the
discretion of the General President. Three (3) members shall
constitute a quorum of the Appeals Committee and the Appeals
Committee may decide any case referred to it by a majority vote of
the members present and voting at any meeting at which a quorum is
present. Where the circumstances warrant, and subject to the
approval of the General President, the Chairperson of the Appeals
Committee may designate one or more members of the Appeals Committee
to conduct a hearing or other investigation in any case and report
findings and recommendations to the next meeting of the Appeals
Committee. The decisions of the Appeals Committee shall be reported
by the Chairperson to the General Secretary-Treasurer who shall
notify the parties of said decisions. C The penalty imposed
by a Local Union, District Council, Regional Council, or Industrial
Council shall not be effective while an appeal to the Appeals
Committee is pending except as provided herein. The penalty of
expulsion or suspension shall not be enforced during the time
provided for filing an appeal under Section 53D.
(1) No appeal can be entertained by the Appeals Committee
where any sum of money in excess of Fifty Dollars ($50.00) is
involved unless the appellant has first paid to the Local Union,
District Council, Regional Council, or Industrial Council Fifty
Dollars ($50.00) on account, to be held until the appeal is decided
by the Appeals Committee, and if said appeal is
73
decided against the appellant, the full amount
imposed must be paid before a further appeal can be taken.
(2) In all cases where the fine is Fifty Dollars ($50.00) or
less, the member fined shall pay the full amount to the Local Union,
District Council, Regional Council, or Industrial Council imposing
same. (3) When a fine is imposed by the Local Union, District
Council, Regional Council, or Industrial Council and an appeal is
taken, any payment of said fine shall be held by the body assessing
same until said appeal is finally and completely decided.
D An appeal to the Appeals Committee shall be filed within
sixty (60) days from the date the penalty was imposed. (An appeal is
considered as filed on the date it is received at the General Office
of the United Brotherhood as provided in Section 53I.) A copy of the
appeal shall be mailed or delivered to the Local Union, District
Council, Regional Council, or Industrial Council imposing the
penalty. Every appeal shall contain:
(1) A brief statement of the case and the grounds relied upon
by the appellant.
(2) The penalty, the date imposed and the Local Union,
District Council, Regional Council, or Industrial Council which
imposed it. All appeals must be sworn to before a Notary Public. If
a fine is involved, the appeal must be accompanied by a receipt
showing payment of the amount required by Paragraph C above.
E When an appeal is filed, the Local Union, District
Council, Regional Council, or Industrial Council shall file an
answer which shall include the following:
(1) A copy of the charges.
(2) A copy of the minutes and/or transcript of the Trial
Committee setting forth the evidence submitted at the trial.
(3) The report of the Trial Committee.
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(4) The penalty placed against the appellant,
the vote thereon, and the date imposed. The answer must be sworn to
before a Notary Public and must be filed with the General
Secretary-Treasurer within thirty (30) days after notice that the
appeal has been accepted. A copy of the answer, together with a
complete record of the Trial Committee proceedings, shall be served
upon the appellant by the Local Union or Council that approved of
the penalty.
F If a Local Union, District Council, Regional Council, or
Industrial Council fails to fi le an answer in accordance with the
requirements of Section 53E, the Appeals Committee shall
nevertheless have the power to decide the appeal on the evidence
before it, and no further appeal by the Local Union, District
Council, Regional Council or Industrial Council may be taken.
G Any member, or any Local Union, District, Regional, State
or Provincial Council or Industrial Council having any grievance may
appeal to the General President within thirty (30) days from the
date the grievance occurred. All protests directed to the conduct of
nominations or elections, or election procedures, in any subordinate
body may be appealed to the General President within thirty (30)
days from the date of the election. All grievances and election
protests shall be in writing and shall contain a brief statement of
the grounds relied upon. Decisions of the General President on
protests directed to the conduct of nominations or elections, or
election procedures, shall be final. Decisions of the General
President on grievances may be appealed to the General Executive
Board, whose decision shall be final. Also, decisions of the General
Executive Board in all cases involving geographical jurisdiction,
mergers, consolidations, and formation of Councils shall be final.
H All appeals from decisions of the General President or the
Appeals Committee to the General Executive Board must be filed with
the General Secretary-Treasurer within thirty (30) days from the
date of receipt of the General President's decision or notice of the
decision of the Appeals Committee. Also, any appeal from a deci
75
sion of the General Executive Board to the General
Convention must be filed with the General Secretary-Treasurer within
thirty (30) days from the date of receipt of the decision of the
General Executive Board.
I An appeal, protest, grievance or answer shall be
considered as filed under this Section on the date it is received at
the General Office of the United Brotherhood; if received on a
Monday or the day after a holiday they shall be considered as filed
on the last preceding day on which the General Office was open for
business.
J All members and all Local Unions and Councils are required
to exhaust the administrative remedies provided in this Section
before commencing proceedings in any court or any agency provided by
law. This provision shall not supersede or limit the right to
petition law enforcement authorities to remedy alleged violations of
criminal law.
FUNDS OF LOCAL
UNIONS
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A Section 54. The General Funds or property of a Local Union
or Council shall be used only for such purposes as are specified in
the Constitution and Laws of the United Brotherhood and as may be
required to transact and properly conduct its business, viz.:
Payment of salaries and donations to sick members; purchasing
stationery, books, cards, printing, payment of rent, or any legally
authorized bill against the Local Union or Council. But under no
circumstances shall any of the General Funds be used for loans or
donations to members, Contingent Funds, credit union sponsored by
the Local Union or Council, or for political or religious purposes,
except as approved by the General President. Violation of this
Section subjects the offending Local Union or Council to the penalty
of suspension. Funds to be used for any other purpose must be
handled through a Contingency Fund.
B No donation for any purpose, except sick donations, shall
be given except by a majority vote of members present, and cannot be
76
declared valid at the meeting of its introduction,
but must lay over to the next meeting (except in case of appeals for
aid from Local Unions on strike with sanction of the General
Executive Board).
C The funds or property of a Local Union cannot be divided
in any manner among the members individually, but shall remain the
property of the Local Union for its legitimate purpose.
D All moneys paid out of the funds of a Local Union with the
exception of per capita tax, cost of bonds of financial officers and
payments required under Section 59B must be by majority vote of the
members present. No appropriation of money can be voted after 10:30
p.m.
E Any Local Union charging more than the minimum dues as
prescribed in Section 45A or any Council may create a special Relief
and Contingent Fund for use aside from the General Fund. Local
Unions may use all dues in excess of the above dues, all assessments
levied for non-attendance at special or regular meetings, proceeds
of entertainments, and may levy an assessment for said fund in
accordance with provisions governing special assessments. Councils
may use any revenue in excess of that required for proper operation
of the Council for such Contingency Fund.
F This fund may be used for the relief of aged members,
organizations, or for any other purpose the Local Union may decide,
except to support a dual organization, for partisan politics,
religious purposes, or investments in a credit union sponsored by
the Local Union, or for any purpose that may be inimical to the
interests of the United Brotherhood; provided, however, if property
is purchased with said fund the property shall be held in the name
of the Local Union or Council of the United Brotherhood of
Carpenters and Joiners of America, as specified in the Constitution
of the United Brotherhood. The term partisan politics does not
include support of or financial contribution to a candidate for
state, provincial or local office provided such support or
contribution is not contrary to law, is approved by vote of the
members or delegates to the body, and is based not on party politics
77
or the candidate's political affiliation but is
based on the candidate's position as a supporter and advocate of
objects, principles and legislative goals of our organization.
GENERAL
STRIKES AND LOCKOUTS
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A Section 55. Strikes and lockouts in Local Union or Council
areas shall be financed by the Local Union or Council as provided in
Paragraph B of this Section, together with such funds of the Local
Union or Council as it may appropriate or provide for by separate
assessment. The United Brotherhood shall not be financially
responsible for such strikes or lockouts and shall not, by approving
strike action in a Local Union or Council area or by assigning a
representative to assist a Local Union or Council in settling a
dispute or negotiating an agreement, assume financial responsibility
for a strike or lockout. The General Executive Board may, in its
discretion, grant supplemental financial assistance to a Local Union
or Council in the event of a strike or lockout, in such amount and
under such terms as the General Executive Board shall determine to
be appropriate and consistent with the interests of the entire
United Brotherhood. A Local Union or Council seeking or obtaining
such supplemental financial assistance shall comply with the
following provisions set forth in Section 55. The authority of the
General Executive Board as established in this Section may be
exercised by the General President, in consultation with the General
Secretary-Treasurer, subject to such rules as the General Executive
Board may from time to time adopt. Requests for financial
assistance, together with all supporting information, shall be
submitted to the General President.
B Members affected by a strike but who are permitted to work
in a bargaining area where a strike is in progress shall pay an
assessment to the District Council, Regional Council, or Local Union
an amount not less than two hours' pay for each day worked during
the strike for the purpose of establishing a strike and defense
fund. Such fund shall be used to provide benefits for members
unemployed because of the strike and to pay bills and other expenses
incurred in connec-
78
tion therewith. A Local Union or Council which has
an adequate reserve in its strike fund may request dispensation from
the General President to reduce the amount of the assessment payable
under this Section.
LABEL
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A Section 56. The following design shall be the official label
of this United Brotherhood.
B The following design shall be the official emblem of the
United Brotherhood.
C The General Office shall, as soon as possible, through the
good offices of some District Council, Regional Council, or Local
Union in each State or Province, have the label registered. Registry
is to be in the name of the United Brotherhood of Carpenters and
Joiners of America, and the expense to be borne by the General
Office. After such registry, each District Council, Regional
Council, or Local Union where no District or Regional Council
exists, shall apply to the General Vice President for sanction to
use the label and give such information pertaining to conditions in
that district as required, and after receiving sanction from the
General Vice President, shall issue labels of the foregoing design,
with name or number of the District
79
Council, Regional Council, or Local Union issuing
same, printed in its proper place on the label, to such shops and
mills in that district as are entitled to same, and all labels must
be secured from the General Office, which shall furnish them at cost
under the conditions set forth herein.
D No agreement shall be made or renewed with any firm
granting the use of the label after April 1, 1916, unless all shops
and mills of the firm have an eight-hour work-day or less and employ
only members of the United Brotherhood, except where dispensation
has been granted by the General President upon application from the
District Council, Regional Council, or Local Union.
E Each shop, mill or factory shall have a Shop Steward who
shall have supervision over the label, stamp, or die; it shall be
the duty of the Steward to see that said label, stamp, or die shall
not be placed on any manufactured article other than that which is
made under the agreement. Said label must be applied to the article
in the shop or mill where manufactured and must at no time be
removed for use from the shop or mill. It shall be the duty of the
Shop Steward to see that the agreement with the District Council,
Regional Council, or Local Union is carried out in its entirety.
F The Shop Steward shall be appointed by the Business
Representative or elected by the employees of the shop, mill or
factory where employed. The Shop Steward shall not be removed except
for good cause and then only in the same manner in which he or she
was selected.
G Under no circumstances shall employers be permitted to
handle labels or have them in their charge, nor shall anyone but a
member of the United Brotherhood be permitted to attach them, and
the Shop Steward shall at all times keep them securely locked up, so
that no one else may have access. All labels shall be attached to
finished product by members of the United Brotherhood in such a
manner that they cannot be removed therefrom without destroying the
label.
H Each label except decal shall have the factory, shop or
mill
80
number stamped thereon. Wherever a label except
decal is applied without the factory number thereon it shall be
regarded as forged. The factory number, in conjunction with the name
of the District Council, Regional Council, or Local Union issuing
said label, will thus permit recognition of the product of any
particular factory in any part of the jurisdiction of the United
Brotherhood.
I It shall be the duty of the Secretary of each District
Council, Regional Council, or Local Union issuing labels to keep a
correct and accurate account of all labels received from the General
Office, their numbers and the shops to which they have been issued,
and to furnish all information regarding the use of the label which
may be called for by the Council or the General Vice President.
J The Shop Steward shall receive and account for the use of
the labels and make a report to the District Council, Regional
Council, or Local Union monthly, or oftener if required, and to the
General Vice President upon request.
K Upon request of the General Vice President, a
representative shall be sent to investigate the conditions of any
mills using the label, and upon receipt of report the General
President shall furnish a copy of same to the General Vice
President.
L In case of any violation of an agreement or grievance against an
employer, the label shall be withdrawn when ordered by the General
Vice President.
M The General Vice President, with the sanction of the
General Executive Board, shall have the power to order the
withdrawal of the label from any factory, shop or mill, upon charges
duly made, and shall have power to regulate and investigate the
issuance of the label in accordance with the Constitution and Laws
of the United Brotherhood. The General Vice President shall have
power to grant dispensation for use of the label, stamp or die where
such will be beneficial to the Organization.
N It shall be the duty of all District Councils, Regional
Councils, Local Unions and each member to promote the use and
installa
81
tion of trim and shop-made carpenter work, hotel,
bank, bar, store, and office fixtures, and of church, school,
household furniture, etc., bearing the Union Label, and to make it
generally known to the members of the Local Union that it is
necessary to all mill and shop members and the United Brotherhood
that products made in factories, shops or mills where only members
of the United Brotherhood are employed should be installed by
fellow-members.
O Where owner or architect specifies that union materials
shall be used on any job or building, none other shall be handled by
the membership of our Brotherhood, under penalty of suspension from
the United Brotherhood.
P The misuse of the Union Label or Stamp by the Shop Steward
shall subject the Shop Steward to charges and if found guilty, after
being charged and tried, he or she shall be fined not less than
Fifty Dollars ($50.00) and removed as Shop Steward for the first
offense, and for the second offense shall be expelled.
Q No member shall use or authorize the use of any copy or
replica or other duplication of the label or emblem of the United
Brotherhood or any part thereof for any personal, commercial or
other unofficial use without the express written approval of the
General Executive Board.
AMENDMENTS
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A Section 57. The Constitution herein contained can be amended
or altered at regular sessions of the Convention by a majority vote
of the delegates present.
B All amendments to the Constitution submitted by Local
Unions, District, Regional, Industrial, State or Provincial Councils
for the consideration of the Convention shall be filed with the
General Secretary-Treasurer not later than sixty days preceding the
holding of the Convention, and the said amendments shall be
published in "The Carpenter" in the issue immediately following the
expiration of the filing deadline by the General
Secretary-Treasurer.
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Proposed amendments must list the Section and
paragraph that is to be amended and must be typewritten, signed by
the President and Secretary of the Local Union or Council, and under
Official Seal. No further amendments shall be considered by the
Constitution Committee, other than those submitted in accordance
with the above or submitted to the Constitution Committee by the
General Executive Board; however, amendments offered from the floor
to any Section while it is being reported on by the Constitution
Committee may be taken under advisement by the Constitution
Committee.
C At any time the General Executive Board deems a new law or
amendment is necessary to govern the United Brotherhood, they may
recommend a clause to the Local Unions to be submitted to a general
vote in accordance with this Section; and should a majority vote of
the members voting at a special called meeting support the
recommendation, it shall become a law. No new laws or amendments
shall be submitted for a vote of the Local Unions between
Conventions in which the result of such vote would not become a law
six months prior to the holding of the General Convention.
D Any Local Union may submit an amendment to the
Constitution of the United Brotherhood. The proposed amendment must
be sent to the General Secretary-Treasurer, who shall publish it in
"The Carpenter" one month prior to the next regular meeting of the
General Executive Board, and if approved by that body, it shall be
submitted to a general vote. A proposed amendment which is endorsed
at meetings called for that purpose by at least thirty (30) Local
Unions located in as many States and/or Provinces, and provided
further that the members of the Local Unions which endorse the
proposed amendment constitute at least twenty-five (25) percent of
the total membership of the United Brotherhood as of the date the
proposal is submitted, approval of the General Executive Board shall
not be required.
E All proposed amendments to the Constitution must be
submitted separately listing the section and paragraph that is to be
amended.
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F Whenever a general vote of the members is
taken, a statement shall be submitted along with it by the parties
sending it out, giving their reasons why such amendment should
become a law, and the General Secretary-Treasurer shall state the
number and location of the Locals that have endorsed same. It shall
require a majority vote of the members voting, by secret ballot to
decide, and said general vote, under Seal of the Local Union, shall
be returnable to the General Secretary-Treasurer within six weeks
from date of circular calling for the vote, and the result, pro and
con, in each Local Union shall be published in pamphlet form
containing a copy of amendment or amendments voted on and
distributed to all Local Unions in the same manner as the monthly
Financial Statement. It shall be unlawful for any Local Union to
report members as having voted on any referendum unless they are
present and voting. Any Local Union or Union official that conspires
to willfully make a false report on votes cast on a referendum shall
be subject to charges under Section 51 of the Constitution of the
United Brotherhood of Carpenters and Joiners of America.
PROPERTY
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Section 58. All officers, Business Representatives and assistant
Business Representatives, at the expiration of their term of office,
when removed or suspended under Section 51D, or when their offices
are declared vacant, shall deliver to their successors all books,
papers, moneys and other property in their possession belonging to
the United Brotherhood, and they shall not be relieved from their
bonds or obligations until this Law is complied with. A financial
officer shall be entitled to have an audit made of his or her
financial books and records before turning them over to his or her
successor. In the event an audit is not made in accordance with the
foregoing, a financial officer succeeding to office shall be
entitled to have an audit made of his or her predecessor's financial
records. Delivery of financial books and records to the Trustees or
auditor selected by the Local Union or Council shall constitute
compliance
84
with this section. The cost of such audit is to be
borne by the Local Union or Council.
PENSION PLAN
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A Section 59. There shall be established and maintained by the
United Brotherhood a Pension Plan for such officers and
representatives as may be eligible, including such other employees
as may be necessary to maintain qualification of the Plan as a tax
exempt trust within the meaning of the U.S. Internal Revenue Code.
The Pension Plan shall be known as "United Brotherhood of Carpenters
and Joiners of America Pension Plan."
B The United Brotherhood and each Local Union, District,
Regional, State, Provincial and other Councils shall pay each month
to the Trustees of the Pension Plan an amount equal to 13 percent of
the gross monthly compensation of each officer, representative, and
employee covered by the Plan, which shall be a standing
appropriation and shall not require a vote of the United
Brotherhood, Local Union or Council. The General Executive Board is
authorized to increase the amount of contributions payable.
C The Trustees of the Pension Fund shall be appointed by the
General President with the approval of the General Executive Board.
CODIFICATION
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Section 60. All Laws or parts of Laws previously enacted by the
United Brotherhood, and standing decisions of the General Executive
Board, in conflict with the Constitution of the United Brotherhood,
are hereby repealed and the General Executive Board is hereby
authorized and empowered to make any needed changes as required by
the vote of the delegates to the Convention of the United
Brotherhood.
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STANDING
DECISIONS OF THE GENERAL EXECUTIVE BOARD
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1887 February 15-A Union not holding meetings at least once a
month forfeits its charter and is not eligible to
donations. September 17-Grading wages is demoralizing
to Union principles and to the welfare of the trade and no Local
Union should adopt the system of grading wages.
1888 March 10-A Local Union can fix a fine as penalty for
non-attendance of members at a monthly meeting.
1891 July 16-All donations are forfeited by a suspended Union
the same as a suspended member. A suspended Union cannot be entitled
to any donations other than those prescribed for a new Union.
1897 April 7-Working Cards can only be issued through the
Local Unions or District Councils of the United Brotherhood and
without discriminating charge in any locality against outside
members. April 9-Every part of the Ritual is just as binding on
members as is the Constitution and Laws of the United Brotherhood.
1898 April 5-Members violating Trade Rules and called out on
strike are not entitled to strike donations.
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PARLIAMENTARY RULES
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Rule 1. On motion, the regular order of business (see inside
front cover) may be suspended by a two-thirds vote of the meeting at
any time, to dispose of any urgent business.
Rule 2. All resolutions and resignations must be submitted in
writing.
Rule 3. Any conversation by whispering or otherwise, which is
calculated to disturb a member while speaking, or hinder the
transaction of business, shall be deemed a violation of order.
Rule 4. Partisan politics or sectarian discussion shall not
be permitted in the meeting under any circumstances.
Rule 5. All questions of a parliamentary nature not provided
for in these Rules shall be decided by Roberts' Manual.
MOTION
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Rule 6. A motion to be entertained by the presiding officer must
be seconded, and the mover as well as the seconder must rise and be
recognized by the Chair.
Rule 7. Any member having made a motion can withdraw it by
consent of the seconder, but a motion once debated cannot be
withdrawn except by a two-thirds vote.
Rule 8. A motion to amend an amendment shall be in order, but
no motion to amend an amendment to an amendment shall be permitted.
Rule 9. Any member may call for a division of a question when
the sense will admit thereof.
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DEBATE
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Rule 10. A motion shall not be subject to debate until it has
been stated by the Chair.
Rule 11. A member who wishes the floor shall rise and
respectfully address the Chair, and if recognized by the Chair,
shall be entitled to the floor.
Rule 12. If two or more members shall rise to speak at the
same time, the Chair shall decide which is entitled to the floor.
Rule 13. Each member, when speaking, shall confine his or her
remarks to the question under debate and avoid all personal,
indecorous or sarcastic language.
Rule 14. No member shall interrupt another while speaking,
except to a point of order, and shall definitely state the point,
and the Chair shall decide the same without debate.
Rule 15. If a member while speaking be called to order, he or
she shall take his or her seat until the point of order is decided,
when, if decided in order, he or she may proceed.
Rule 16. If any member shall feel personally aggrieved by a
decision of the Chair, he or she may appeal to the Local Union from
the decision.
Rule 17. When an appeal is made from the decision of the
Chair, the Vice-President shall then take the Chair, and shall state
the appeal to the meeting in these words: "Shall the decision of the
Chair be sustained as the decision of the Union?" The member will
then have the right to state the grounds of appeal, and the Chair
will give the reason for the decision, thereupon the Union will
proceed to vote on the appeal, without further debate, and it shall
require a majority vote to sustain such appeal.
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Rule 18. No member shall speak more than once
on the same subject until all the members desiring the floor shall
have spoken, nor more than twice, without unanimous consent, nor
more than five minutes at any one time.
Rule 19. The presiding officer shall not speak on any subject
unless he or she retires from the Chair, except on points of order
and appeals from the decision of the Chair, and in case of a tie
shall have the deciding vote.
PRIVILEGED QUESTIONS
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Rule 20. When a question is before the meeting, no motion shall
be in order except: (1) to adjourn; (2) to lay on the table; (3) for
the previous question; (4) to postpone to a given time; (5) to refer
or re-commit; (6) to amend. And these motions shall have precedence
in the order herein arranged. The first three of these motions are
not debatable.
Rule 21. When the previous question is moved and seconded, it
shall be put in this form: "Shall the main question be now put?" If
this is carried, all further motions, amendments and debate shall be
excluded and the main question put without delay.
Rule 22. If a question has been amended, the question on the
amendment shall be put first. If more than one amendment has been
offered, the question shall then be put as follows: (1) amendment to
the amendment; (2) amendment; (3) original proposition.
Rule 23. When a question is postponed indefinitely it shall
not come up except by a two-thirds vote.
Rule 24. A motion to adjourn shall always be in order,
except: (1) when a member has the floor; (2) when members are
voting; (3) when it has been decided to take the previous question.
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TAKING THE
VOTE
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Rule 25. Before putting a question to vote, the presiding
officer shall ask: "Is the Union ready for the question?" Then it
shall be open for debate. If no member arises to speak, the
presiding officer shall then put the question in this form: "All in
favor of the motion say 'Aye,' " and after the affirmative vote is
expressed, "Those of the contrary opinion say 'No.' " After the vote
is taken the Chair shall immediately announce the result.
Rule 26. When the presiding officer has commenced taking a
vote, no further debate or remarks shall be allowed unless a mistake
has been made, in which case the mistake shall be rectified and the
presiding officer shall again take the vote.
Rule 27. Before the presiding officer declares the vote on a
question, any member may ask for a division of the house; then the
Chair is in duty bound to comply with the request, and a standing
vote shall then be taken, and the Conductor shall count the same.
Rule 28. Every member present shall vote on all questions before
the Union, unless personally interested or excused by the Union.
Rule 29. When a blank is to be filled, the question shall be
taken first upon the largest sum or number, or the longest or latest
time. Rule 30. When a question has been decided it can be
reconsidered only at the same meeting or on the next regular meeting
night.
Rule 31. A motion to reconsider must be made and seconded by
two members who voted with the prevailing side.
Rule 32. All questions, unless otherwise provided, shall be
decided by a majority of all votes cast.
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OBLIGATION
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I do, of my own free will and accord, solemnly
and sincerely promise-on my sacred honor-that I will never reveal-by
word or deed-any of the business of this United Brotherhood-unless
legally authorized to do so. I promise to abide by the Constitution
and Laws-and the will of the majority-observe the By Laws and Trade
Rules-established by Local Unions and Councils-affiliated with the
United Brotherhood-and that I will use every honorable means-to
procure employment for brother and sister members. I agree that I
will ask for the Union Label-and purchase union-made goods-and
employ only union labor-when same can be had. And I further agree
that-if at any time it should be discovered-that I have made any
misstatements-as to my qualifications for membership-I shall be
forever debarred from membership-and donations in this order. I
pledge myself to be obedient to authority-orderly in the meetings-
respectful in words and actions-and charitable in judgment of my
brother and sister members. To all of this I promise and pledge-my
most sacred word and honor-to observe and keep-and the same to bind
me-as long as I remain a member of this Brotherhood. And I further
affirm and declare-that I am not now affiliated with-and never will
join or give aid-comfort-or support to any organization that tries
to disrupt any Local Union-District Council-Regional Council-State
or Provincial Council or the International Body-of the United
Brotherhood of Carpenters and Joiners of America.
PRESIDENT.-[To Newly Initiated Member.]-You have
now been admitted into the United Brotherhood of Carpenters and
Joiners of America and you are entitled to all the rights, benefits
and privileges as member thereof, as specified in the Constitution,
and having assumed the duties and honors of a member of the United
Brotherhood, we extend to you the hand of fellowship and instruct
you how to enter the meetings of the Local Union, and intrust you
with the quarterly password, to which you are now entitled. To gain
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admission to the meetings of the Union, you must
knock twice on the inside door and communicate to the warden the
quarterly password.
[Here the President gives each new member the
Password. After that the President will return to his (her) Chair,
give ONE DISTINCT RAP, when the members take their seats. He (she)
will address the Conductor.]
PRESIDENT.-Brother (Sister) Conductor, you will
now lead the newly initiated Brother (Sister) to the Financial
Secretary's desk, where he (she) will hand in his (her) name and
address, and comply with all other requirements of the Constitution
and the laws of this union. He (she) will then obtain his (her) card
of membership.
[NOTE.-The Financial Secretary in the meantime
should have the card of membership prepared, to avoid delay. After
complying with this, the Conductor will escort the new member to his
(her) seat.]
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INSTALLATION
CEREMONY
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(For Installation of all General, Local or District Officers.)
[NOTE-The President shall appoint an Installing
Officer who will take the President's Chair and call the officers
elect to take their places in front of him (her). He (she) will RAP
THREE TIMES, and the members will all arise and remain standing. He
(she) will then administer the following obligations to them
collectively:]
INSTALLING OFFICER.-Brothers (Sisters): Please
raise your right hand and repeat after me the following obligation:
You will each of you use your name where I use mine: I,
_____________, ____________, do hereby solemnly and sincerely pledge
my honor in the presence of the members of this Order here
assembled-to perform the duties of my office as prescribed in the
Constitution and Laws-unless prevented by sickness or some
unavoidable accident-that I will deliver to my successor in office-
all books, papers, and other property-of the United Brotherhood-
that may be in my possession at the close of my official term. All
of this I most sincerely promise-with a full knowledge that to
violate this pledge-is to stamp me as a person devoid of
principle-and destitute of honor-only worthy of the scorn and
contempt of my Brothers and Sisters.
[At the close of the obligation, the Installing
Officer will RAP ONCE, and the members will be seated. He (she) will
then say to the officers elect:]
INSTALLING OFFICER.-Brothers (Sisters) you have
been chosen by this Order to each one serve it in his (her)
respective official capacity, and you may well feel proud of the
honor conferred upon you. You will now proceed to your respective
official stations, and enter upon the duties assigned to you by the
Constitution and the laws of this union.
[The Installing Officer will then surrender the
Chair to the incoming President.]
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PLATFORM
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1. Municipal service wholly divorced from partisan politics.
Tenure of office during good behavior, and promotion for meritorious
services.
2. Eight-hour service for all employees engaged directly or
indirectly on municipal work.
3. Payment of wages weekly, and equal pay to women for equal
work performed with men.
4. Revision and simplification of all municipal laws.
5. Direct legislation, through the initiative and
referendum.
6. Sanitary and safety inspection of all places where labor
is employed.
7. Abolition of contract prison labor.
8. Prohibition of child labor under 17 years.
9. Compulsory education.
10. Payment of wages in lawful money.
11. Prohibition of alien ownership of land.
12. Adoption of legislation requiring the election of all
public officials by direct vote of the people. |
