International Association of Machinists Constitution
International Association of Machinists Constitution
International Association of Machinists Constitution
CONSTITUTION
January 1, 2009
General Vice Presidents Lee Pearson Lynn D. Tucker, Jr. Dave Ritchie Robert G. Martinez, Jr. Robert Roach, Jr. Philip J. Gruber Richard P. Michalski
Grand Lodge Headquarters MACHINISTS BUILDING 9000 Machinists Place Upper Marlboro, MD 20772-2687
CONSTITUTION
of the
Except as otherwise provided, the provisions of this Constitution shall become effective January 1, 2009.
PREAMBLE
Believing that the right of those who toil to enjoy to the full extent the wealth created by their labor is a natural right, and realizing that under the changing industrial conditions incident to the enormous growth of syndicates and other aggregations of capital it is impossible for those who toil to obtain the full reward of their labor other than through united action; and recognizing the fact that those who toil should use their rights of citizenship intelligently, through organizations founded and acting along cooperative, economic and political lines, using the natural resources, means of production and distribution for the benefit of all the people, with the view of restoring the commonwealth to all those performing useful service to society; Now, Therefore; We, the International Association of Machinists and Aerospace Workers, pledge ourselves to labor unitedly in behalf of the principles herein set forth, to perpetuate our Association on the basis of solidarity and justice, to expound its objects, to labor for the general adoption of its principles, to consistently endeavor to bring about a higher standard of living among the toiling masses.
(i)
PLATFORM The Grand Lodge of the International Association of Machinists and Aerospace Workers aims: 1. To bring within the organization all employees who are engaged in or connected with all types of skills, trades, professions, production, service, transportation, office, clerical and technical work organized under the Machinists' banner, to foster in their hearts the spirit of mutual helpfulness, and to impress them with their obligation to do their best for the welfare of each member and for the Association as a whole. 2. To adopt and put into active operation an effective plan to stabilize and provide full employment for all the members of our Association. 3. To secure the establishment of a legal apprenticeship system of four (4) years. 4. To prevail upon all employers the necessity of paying the full current wages weekly, and to give preference in employment to members of organized labor. 5. To impress upon all employers the need for health and welfare programs under which the employee is entitled to his/her choice of professional services. 6. To improve the health and safety conditions of our members on and off the job. 7. To abolish the personal record, physical examinations and age limits imposed by employers. 8. To settle all disputes arising between our members and employers, by direct negotiation whenever possible, and in cases where arbitration is resorted to, to reserve our freedom to accept or reject the decision rendered except in those cases where it is previously agreed by both parties that the decision shall be binding. 9. To shorten the hours of labor to thirty per week, namely five days of six hours per day; Saturday to be a holiday. To establish the principle of paid vacations, (ii)
paid pension and paid welfare programs, and extra pay for night work and to maintain for our members a cultural standard of living guaranteed by an adequate annual income. 10. To adopt and advocate a plan of cooperation with other unions, thereby eliminating strikes of one organization at a time, and by concerted coordinated action making it possible for all to reap the full benefit of their labor. 11. To stimulate the political education of the members to understand their political rights and use the ballot intelligently, to the end that the Government may be a government for, of and by the people, and not to be used as a tool to further the ends of combinations of capital for its own aggrandizement. 12. To urge the membership to vote only for and support candidates who are in favor of this platform and the following political demands: Initiative, Referendum and Recall; National or Federal Income Tax Law; National or Federal Inheritance Tax Law; National or Federal and State or Provincial Employers' Liability Law; a National Presidential and Vice Presidential Primary Law; the election of President and Vice President of the United States by a direct popular vote; all judges, without exception, to be elected by vote of the people; National or Federal Law granting pensions for old age or total disability and accident benefits; a National or Federal Health Insurance Law; public ownership of all public utilities; woman suffrage; change of the Constitution of the United States or the Constitution of Canada which now declares these subjects or questions to be unconstitutional; self-government of cities; abolition of contract system on all public work city, county, electoral district, state, provincial or national or federal such work to be done on the day labor plan at union wages; amendments to the Constitution of Canada to make possible uniform labour and social legislation throughout (iii)
Canada, covering all workers, whether employed by Government or by private industry, and providing for union security; a National Fair Wage Act in Canada, providing for union wages and conditions in all Government work and services and on all Government contracts, direct and indirect; a National Vacation and Holiday Act in Canada, providing for adequate vacations with pay and a minimum of eight statutory holidays; representation for Labour on all Government Boards and Commissions dealing with Labour's interests and Labour representation on the Boards of all public enterprises. 13. That no inferior Federal judge shall set aside a law of Congress or Act of Parliament on the ground that it is unconstitutional. That if the Supreme Courts assume any law of Congress or Act of Parliament unconstitutional or by interpretation undertake to assert a public policy at variance with the statutory declaration of Congress or Parliament, which alone under our system is authorized to determine the public policies of government, the Congress or Parliament may, by repassing the law, nullify the action of the court. Thereafter the law to remain in full force and effect precisely the same as though the court had never held it to be unconstitutional. 14. The labor of a human being not being property, we demand the abolition of the use of injunctions in labor disputes on the grounds that it is a judicial usurpation of the constitutional rights of our citizens.
(iv)
JURISDICTION OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS The jurisdiction of the International Association of Machinists and Aerospace Workers includes, but is not limited to, any person engaged in or connected with all types of skills, trades, professions, production, service, transportation, office, clerical, technical and related work thereto. Classification of Work Included
1 2 3 4 5 6
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Any person who has served an apprenticeship of four years at the machinists trade, or who has acquired a fundamental knowledge of shaping, sizing, turning, boring, fitting, riveting, the operating of electric, thermic and oxyacetylene welding apparatus and the adjusting of metal parts of machinery of any character, whether such metal be steel, iron, brass, lead, copper, aluminum, duralumin, bronze, or any other substitute used therefore; as well as any person who may have worked at the trade four years either as a vise hand, lathe hand, planer hand, slotting machine hand, shaper hand, milling machine hand, horizontal or vertical boring mill hand, screw machine hand, operators of Gisholt, Jones and Lamson and all other turret lathes, and gear cutters and all other machine tools. Floor hands, machine adjusters, millwrights or general erectors of machinery, jig, die, tool and mold makers, metal pattern makers, diesel oil and electric machinists. The operating of electric, gas and other mechanical cranes and conveyors used in connection with machinists work. Mechanical chauffeurs who are required to make repairs to their equipment. Sewing and knitting machine adjusters and adjusters of all kinds of auto(v)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
matic, semi-automatic, and self-contained machinery. Fitting together and installing valves of all kinds and flange work on high pressure piping. Automobile, aircraft and moving picture machinery builders, and repairpersons. Technical and clerical employees working in conjunction with the trade, electronic technicians and related classification and machinists work in the atomic energy and aerospace fields. The making, erecting, assembling, installing, maintaining, repairing or dismantling of all or any parts thereof of all machinery, engines, motors, pumps, diesel, and all other metal power devices, either transmission, excavating, elevating, shooting or conveying; whether driven by hand, foot, steam, electricity, gas, gasoline, naphtha, benzol, oil, air, water or other power, including all metal appurtenances thereto, composed of steel or iron, whether structural, angle, T, boiler, galvanized, ornamental, cast, malleable, bar, tube, pipe, rod, shafting, sheet or plate; or of nickel, bronze, tin, lead, copper, brass, aluminum, babbitt or other metal substitute therefore. The manufacture and installation of all machine tools. The operation of all machines used in the manufacture of machine-finished metal parts and devices and all bench and vise work pertaining thereto, and all machinists work on steam, gas, gasoline, naphtha, benzol, oil, air, and water-tight work. All riveting, caulking, cutting, chipping, patching, grinding, turning, sizing, boring, fitting, laying out, shaping and drilling pertaining to machinists work. All drilling, cutting and tapping in boilers, tanks, drums, frames or other structures required for engine and machinery attachments, mountings, or other metal construction and installation. All welding, either oxyacetylene, electric, thermic, (vi)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
unionmelt, atomic-hydrogen, carbon-arc, stud welding resistance, spot and flash welding or any other welding art or process by which work when completed comprises any product or any part of any product coming within the jurisdiction of the International Association of Machinists and Aerospace Workers, or the building, installation, maintaining, repairing and dismantling by welding or cutting of any structure, plant, refinery, conveyor, crusher, mixer, mill, machine, tank, container or equipment which comes within the jurisdiction of the International Association of Machinists and Aerospace Workers, including dismantling. All lubricating devices, injectors, and inspirators and parts thereof, and attachments thereto. All devices used in the transmission of power except electric wiring, this to include all line and counter shafting, shaft hangers, sheaves, and pulleys. All instrument, gauge tool and die making, metal mold, novelty, model and metal pattern making and die sinking; the making of jigs, templets, spiral and coil springs, and all molds for the shaping of glassware and plastics. The manufacture, installation and operation of all printing, paper and pulp-making machinery, all brewery machinery, including all soakers, pasteurizers, bottle washers, crowning machines, bottle-filling devices and conveyors, all factory, mill and laundry machinery. The manufacture, testing and repair of all electronic and/or mechanical counting, recording and correspondence devices, such as: cash registers, typewriters, adding machines, sealing and addressing devices, and all other office machinery, including the testing of complete units or component units, used in conjunction therewith. The manufacture, assembly, testing, installation, (vii)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
repair and maintenance of electrical household appliances, electronic equipment and guidance system as used on aircraft, missiles and/or space vehicles, computers, and any other electric device or component hereof, used to control, regulate or guide mechanical equipment of any kind. The manufacture, testing, assembly, repair, maintenance and testing of electrical components and related accessories, which include such units as inductors, transformers, resistors, condensers, capacitors, switches, relays and electronic testing equipment now in common use, or developed in the future to accomplish these tasks. The manufacture, repairing and maintaining of, and performing of all other related jobs thereto on all automobiles, trucks, busses, tractors, firearms, fire engines, locomotives, hydroplanes and airplanes, including all crafts and classes of air transport employees, agriculture machinery and mining machinery, rock drills and pneumatic devices used as hand tools or for the transmission of power. The manufacture, installation, repairing and servicing of all ice making and refrigerating machinery. The manufacture and installation of all abattoir, bakery and confectionery machinery, textile, carding and gin machinery, refining machinery, and machinery used in reducing plants, rock-crushing and quarry machinery, concrete mixers and cement mill machinery, rolling mill and steel converting machinery, loading and unloading machinery and traveling roadways. The manufacturing, installation, repairing and operating of all machines making malt, cans, nails, pottery, horseshoes, brick, shoes, hats, clothing, pianos, organs, musical and surgical instruments, tobacco, cigarettes and cigars, flour, cereals and all other products where mechanical devices are necessary for the making. (viii)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
The manufacturing, installation and operation of all automatic stokers, all mechanical devices used in amusement parks, all dredging machinery, and all hoists, elevators, lower-atoms, escalators, derricks and other lifting or hoisting devices. The inspection of all machinery, ordnance, and engines, including locomotives, and the operating of all power machinery. The manufacture, installation, repair and maintenance of all air conditioning plants and equipment. And all work connected with dynamometer cars, and building, repairing, setting up, inspecting and maintaining of all classes of scales. The operation and repairing of towing and coaling machinery in the Panama Canal Zone. Marine Work
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
All marine work as follows: The installing, assembling, dismantling and repairing of all engines, pumps, dynamos, refrigerating machinery, steering gear, winches, windlasses, capstans or other devices used in handling the ship. The removing and replacing of the rudder, propeller shaft and propeller wheel and the placing of all deck fittings and mast fittings, including mast headlights. The installing and repairing of all condensers, evaporators, feed-water eaters, overhauling and repairing of all valves, either steam, water, air, gas, oil, or other liquids and strainers attached to hull. The installation of all pipes, pipe hangers, valves, and fittings for engines, boilers, ice machines, evaporator plants, telemotors, air compressors, and power pumps. The installation of deck operating gear for all valves. (ix)
1 2 3 4 5 6 7 8 9 10 11 12 13 14
The boring, facing, chasing or tapping and drilling holes for bolts of all pipe flanges. The bending, threading and installing of tubes in boilers in which threaded tubes are used. The bending, welding, and installation of heater coils used for fuel oil tanks, or heating purposes. The installation of all condenser and feed-water heater tubes, whether rolled, screwed, or ferruled. The installation of all tubes in oil heaters and coolers, except those under jurisdiction of the coppersmiths. The installation of all gratings, ladders and handrails, port lights, ventilator operating gear and watertight doors. Electric and Internal Combustion Engines and Cars
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
The building, installing, inspecting, adjusting, maintaining, removing and overhauling of pantographs and trolley poles, including the building of pantograph shoes and replacement of same whether the pantograph is on or off locomotive and the changing of insulated support brackets; lathe and other machinists work in connection with construction of pantographs. The assembling, installing, inspecting, maintaining, removing and overhauling of all parts of the main and braking controllers with the exception of insulating materials, leads and wires. The removing, dismantling, overhauling, assembling, installing, inspecting and maintaining of all air cylinders, magnet valves, cam shafts, bearings, rollers, castings, adjustment springs and metal housings used in the construction and operation of reverser switches, series parallel switches, transfer switches, group switches and contactors. The assembling, installing, inspecting and maintain(x)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
ing of all mechanical parts of main and auxiliary switches and ground switches. The assembling, installing, maintaining, inspecting and overhauling of clutch and gear assembly on motor operated rheostats. The assembling, installing, inspecting, maintaining, dismantling and overhauling of traction motors, blower motors, heater motors, rheostat motors, air compressor motors, motor generator sets, axle generators, control generators and slip rings (excluding field coils, insulators and electrical connections); the assembling, finishing either by hand or bench work, drilling, tapping, and bolting of pole pieces; the dismantling, repairing and assembling of brush holders; the drilling, tapping and repairing of brush holder studs; the fitting of all metal parts of commutators, including segments; the turning and machine slotting of all commutators whether done in lathe or in armature housing; the pressing in and out of armature shafts; the machining, repairing and fitting of armature cores; the repairing and fitting of all covers for motors, housings and compartments. The installing, inspecting, adjusting, removing and repairing of air compressor governors, electro-pneumatic pantograph valves, sander valves, regenerative interlock valves and automatic control switches with the exception of electric contacts and wiring. The grinding, filing and repairing of grids and the installing and removing of grid banks, with the exception of making and breaking electrical connections. The removing and installing of electric cab heaters and the removing and applying of covers to same where they are retained by cap screws or tap bolts; the removing and installing of headlights, headlight cages, lamp and flagstaff brackets and supports, eave guards and handrails. (xi)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
Side rods, main rod, knuckle and driving pin work. Driving brake and spring rigging work. Fitting up and repairs to driving and truck boxes, including replacing of brasses. Examining, repairing and aligning jack shafts. Refitting jack shaft collars and jack shaft casing. Repairing and maintaining air brake equipment and air compressors. Drilling, driving and truck wheels, by use of ratchets or portable motors for hub liners. Applying driving and truck wheel hub liners. Driving and truck wheel tire work. Drilling, reaming and tapping holes in cabs and frames for bolts and parts. Turning and dressing journals, and all frame and truck work, including stripping and rebuilding. Removing and replacing main motors, including gears and bearings, and shifting gears. Machinists work in connection with raising cab, running out and replacing trucks and lowering cab. Mallet coupler device between units. Removing and replacing circulating pump and motor, except pipefitters and electrical work. Removing, repairing and replacing work in connection with water rheostats, hand pumps and lubricators. Examining, removing, repairing and replacing bearings. Installing and relocating braces, stay rods, oil guards, hand brakes, air ducts, sand boxes and bellows under cab. Whistle and bell work. Installing and maintaining machinists work in connection with turbine engines, motors, pumps and auxiliaries in powerhouse. Repairs to air hammers, air motors, vise, floor and drop pit work, as well as the handling of work generally recognized as machinists work. (xii)
1 2 3 4 5 6 7 8 9
Removing and replacing phase converters. Machinists work in connection with dismantling of phase converters, such as removal of bolts, parts, bearings caps, bearings and clamps. Machinists work in connection with assembling phase converters, including detail parts. And all other work on these engines, cars and machines now covered in the general classification in our Constitution. Other Work
10 11 12 13 14 15 16 17
All of the foregoing, and in addition thereto any other work which does now, or in the future may, as industries develop, fall within the scope of our jurisdiction, or any other industrial or craft work as determined by the Executive Council, shall constitute work coming under the International Association of Machinists and Aerospace Workers, and shall be performed by members of our Union.
(xiii)
ABBREVIATIONS The following abbreviations, when used in this Constitution, have these meanings: A.F.L.C.I.O. American Federation of Labor and Congress of Industrial Organizations Art. Article C.L.C. Canadian Labour Congress C.V.P. Canadian Vice President D.L. District Lodge E.C. Executive Council G.L. Grand Lodge of The International Association of Machinists and Aerospace Workers G.L.A. Grand Lodge Auditor G.L.R. Grand Lodge Representative G.S.T. General Secretary-Treasurer G.V.P. General Vice President I.A.M. International Association of Machinists and Aerospace Workers I.P. International President L.L. Local Lodge R.S. Recording Secretary S.T. Secretary-Treasurer Sec. Section
(xiv)
CONSTITUTION of the International Association of Machinists and Aerospace Workers (Hereinafter Referred To As The I.A.M.) ARTICLE I GRAND LODGESTRUCTURE AND POWERS Name and Location
1 2 3 4 5 6 7
SEC. 1. This organization shall be known by the title and name of THE GRAND LODGE OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, and its principal office and headquarters shall be located at such place as is designated by the Executive Council. Membership and Jurisdiction
8 9 10 11 12 13 14 15 16
SEC. 2. The G.L. shall consist of E.C. and the representatives of L.Ls. who are duly elected, qualified and seated as delegates in the quadrennial and special conventions provided for in Art. II of this Constitution. It shall have power to grant charters for the purpose of organizing, supervising, controlling, and generally directing L.Ls., D.Ls., councils and conferences in any state, territory, or dependency of the United States of America, and Canada.
2 Government
ARTICLE I
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
SEC. 3. The government and superintendence of all L.Ls., D.Ls., councils and conferences, shall be vested in this G.L. as the supreme head of all such lodges under its jurisdiction. To it shall belong the authority to determine the customs and usages in regard to all matters relating to craft. It is the obligation and responsibility of every member, officer, L.L., D.L., council, conference, or other subordinate body of the I.A.M. to comply with the provisions of this Constitution and the decisions of the G.L. officers in conformity therewith, and they shall refrain from any conduct which interferes with the performance by the I.A.M. or any of its subordinate lodges or bodies of their obligations hereunder or under any other applicable law or contract, or any conduct which defeats or subverts the lawfully declared and established policies and objectives of the I.A.M., or which may defame it or any of its officers or members of its subordinate bodies. All L.Ls., D.Ls., councils and conferences may adopt bylaws supplementary to this Constitution for the conduct of their subordinate internal affairs and business; provided, however, that none of the provisions of such bylaws shall be in conflict with any of the provisions of this Constitution, duly adopted resolutions, or the established policies of the I.A.M., and must be submitted to the I.P. for examination and necessary revision and approval before becoming effective. Any proposed amendments, revisions, or modifications to such bylaws shall likewise be submitted to the I.P. for examination and necessary revision and approval prior to becoming effective.
1 SEC. 4. Between conventions all executive and 2 judicial powers of the G.L. shall be vested in the 3 E.C., which shall be composed of the I.P., the 4 G.S.T., and 7 G.V.Ps.
Eligibility
5 6 7 8 9
SEC. 5. Any member who advocates dual unionism or supports movements or organizations inimical to the interests of the I.A.M. or its established laws and policies shall not be eligible to hold office in the I.A.M.
4 ARTICLE II
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
SEC. 1. During September or October, 2000, and every 4 years thereafter, a G.L. convention of the I.A.M., not to exceed 7 days, shall be held in a city to be selected by the E.C. Notice of such convention shall be issued to all L.Ls. by the G.S.T. not later than March l, each convention year. The E.C. will have the authority upon its own initiative to call a special convention in case of an emergency, or after having received the endorsement under seal of at least 20% of all L.Ls., not more than 15 of which are located in any 1 state, province or territory, submit a call for a special convention, and thereupon the G.S.T. shall prepare a ballot and submit the same through the referendum calling for a special convention of the G.L. to convene at such date as seems best to meet the emergency. In the event that a majority of those voting, vote in favor of holding a special convention, the E.C. shall, as soon as practicable thereafter, select the city in which said special convention shall be held. Representation and Vote
21 22 23 24 25
SEC. 2. Each L.L. in good standing and free from delinquency of any nature to the G.L. within 60 days prior to the convening of a G.L. convention is entitled to be represented by 1 delegate at said convention. (A L.L. shall not be declared ineligible
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
where the memberships dues are subject to withholding by their employer for payment to the L.L., D.L., or G.L., and the employer delays or defaults in said payment.) In addition thereto each L.L. having a membership of more than 200 is entitled to an additional delegate for each additional 200 members or majority fraction thereof. If, however, not more than 3 L.Ls., within a radius of 150 miles of each other, each having less than 100 members, so desire, they may combine to send 1 delegate to represent them at a G.L. convention. Such delegate must be elected by a majority vote in each of the lodges so combining, and the voting power of such combined lodges shall be based upon their combined membership exactly as if it were 1 lodge. Each L.L. represented in convention by a delegate is entitled to 1 vote, and all L.Ls. having a membership of more than 100 are entitled to 1 additional vote for each additional 100 members or majority fraction thereof. The number of votes each L.L. is entitled to shall be computed upon the number of members of such L.L. at the close of July of the convention year. The delegation of any L.L. may by unanimous consent vote as a unit, or the vote to which said lodge is entitled may be divided equally among its delegates, and in case an equal division is impossible the fractional number of votes left after the division shall be cast by the first delegate elected by said lodge.
6 Election of Delegates
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
SEC. 3. At a meeting of each L.L. in April of convention year, a nomination of delegates and alternate delegates shall be held by all L.Ls. At a meeting of each L.L. in May of convention year, an election of delegates and alternate delegates by secret ballot shall be held by all L.Ls. in the L.Ls. room where the regular L.L. meetings are held, excepting in those L.Ls. where circumstances require some other arrangements, the L.L. may, through its bylaws, provide some other methods, subject to the approval of the I.P. The secretary of each L.L. shall immediately thereafter forward to the G.S.T. a report of the election, giving the names, card numbers and residence addresses of all delegates and alternate delegates, which report shall be made upon forms furnished by the G.S.T. At L.L. options, provisions may be made to open the polls to provide an opportunity for members working irregular shifts to vote. Specific information as to who is entitled to receive an absentee ballot as hereafter provided shall also be communicated to the membership. Members who reside in outlying districts more than 25 miles from the designated balloting place, members who are either confined because of verified illness or on leave qualifying under U.S. and Canadian family leave laws, or on vacation, or on official I.A.M. business approved by the L.L. or D.L. or G.L., or on an employer travel assignment, or reserve military leave, as the case may be, shall be
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
furnished absentee ballots. Members applying for an absentee ballot on the basis of residing in an outlying district more than 25 miles from the designated balloting place, shall have their eligibility to vote by absentee ballot determined by the R.S. and the S.T. before the ballot is mailed. Members found not to be eligible to vote by absentee ballot will be so notified within 10 days of the receipt of their application. Before the absentee ballots are opened and counted, the inspectors of election shall determine the eligibility of members to vote by that method, as defined in this Sec., with the exception cited above. Any member entitled to receive an absentee ballot shall make written request therefore to the R.S. of the L.L. by delivering in person or mailing such request not later than 10 days before the election. Within 48 hours after receipt of any such request, the R.S. shall mail the ballot if the records of the L.L. indicate that the applicant is eligible to vote in the election. (In those instances where L.L. membership records are kept and maintained by a D.L. with which such L.L. is affiliated, request for an absentee ballot shall be made to the appropriate D.L. officer.) Members voting by absentee ballot shall execute and mail their ballots in accordance with the following procedure. After marking an (X) opposite the names of the candidates for whom they wish to vote, and after filling in the information required on the detachable portion of the ballot form, the members shall thereupon detach such portion of the ballot and then fold and place the upper ballot portion in a plain envelope without affixing any signature, number, or other means of identification thereon. After being securely sealed, this plain envelope shall then be placed, together with the detachable stub bearing the name of the member, address, lodge number and card number, in an outer envelope bearing the word
8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
ARTICLE II
Ballot on its face. After being securely sealed, this envelope shall then be returned by official government mail to the R.S. of the absentee members L.L. so that it will be received by or prior to the closing time of the polls specified in the notice of election. The R.S. shall turn over to the inspectors of election all such absentee ballots unopened. L.Ls. organized in May of a convention year may elect delegates and alternate delegates by secret ballot during June. L.Ls. chartered on or after June 1 of any convention year are not entitled to representation in the convention. The G.S.T. shall prepare and forward a complete list of all duly elected delegates and alternate delegates with their respective addresses to all L.Ls. not less than 30 days prior to the opening of the convention. He/She shall also mail to each delegate a copy of the Officers Report so that it will be in the hands of the delegates 30 days before the convention opens. Should a delegate or alternate delegate be unable to serve as such, the L.L. may elect the successor by secret ballot at any meeting prior to the convening of the convention, and the secretary of such L.L. shall forthwith notify the G.S.T. of the change. Whenever a special convention of the G.L. has been called, the G.S.T. shall rearrange the dates for the election of delegates, etc., in strict accordance with the provisions of this Art., to meet the emergency necessitating the holding of the convention. Qualifications of Delegates
31 SEC. 4. Delegates to G.L. conventions must have 32 been in continuous good standing in the L.L. from 33 which they hold credentials for at least 1 year 34 prior to their nomination except where, in the case of
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
a D.L. having multiple L.Ls. within a single employer, membership within such D.L. shall apply (this qualification shall not be required of a delegate from a L.L. chartered less than 1 year prior to the convention or a member working at the trade transferred to a L.L. with the approval of the I.P. or E.C.); free from delinquencies of any nature to any L.L., D.L., or G.L., and at the time of nomination and for 6 months prior thereto, working at the trade. The qualification working at the trade shall not apply to members who are salaried full-time employees of any L.L., D.L., or G.L., a council, conference, the A.F.L.C.I.O. or the C.L.C., nor shall it apply to members who experienced a layoff during the 6-month period prior thereto, or to members who have been unable to obtain employment at the trade because of a strike, lockout, discrimination or temporary physical disability, or to members who are retired on pension and paying full dues, whether or not they hold a retirement card or an exemption card. Whenever the term good standing is used with reference to a member in this Constitution, it shall mean any person who has fulfilled the requirements for membership as prescribed herein and who has not voluntarily withdrawn therefrom, become ineligible for continued membership, or been suspended or expelled as provided in this Constitution or in the bylaws of subordinate lodges approved as required under this Constitution. Members who fail to pay their dues, assessments, or other fees within the periods required by this Constitution or the bylaws of the L.L. or D.L. will be subject to automatic cancellation of membership. Members who are not in good standing are not entitled to any voice or vote or participation in any of the affairs of the G.L. or any of its subordinate bodies except as otherwise
10
ARTICLE II
1 2 3 4 5 6 7 8 9
permitted under this Constitution. Whenever the term good standing is used with reference to a L.L., D.L., council or conference of the I.A.M., it shall mean any such body which is not delinquent in the payment of any per capita tax and fees as prescribed in this Constitution or which is not under suspension, and which is otherwise in compliance with all requirements of this Constitution pertaining to such bodies. Members on Grand Lodge Payroll Not Eligible
10 SEC. 5. No member shall serve as a delegate to 11 a G.L. convention who is, during the time of the 12 convention, on the payroll of the G.L.
Delegates Expenses
13 14 15 16 17 18 19 20 21 22 23 24
SEC. 6. The transportation of 1 delegate from each L.L. in continuous good standing with the G.L. for 1 year prior to the convening of the convention, who is accepted and seated in the convention as a delegate, shall be paid by the G.L., so long as such transportation is arranged for and provided by the travel agency designated by the G.L. L.Ls. whose delegates travel on passes shall be entitled to round-trip transportation for 1 delegate from the place where the L.L. is located to the place where the convention is held, upon presentation of the bill of the L.L. therefore. Credentials Committee
25 SEC. 7. The E.C. shall act as the committee on 26 credentials at all conventions of the G.L. and shall 27 meet within 4 days next preceding the convening of
ARTICLE II
11
1 2 3 4 5
the convention to consider all matters affecting the qualifications of delegates, including the financial standing of L.Ls. with the G.L., and shall thereafter report its findings and recommendations to the convention. Resolutions Committee
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
SEC. 8. At least 15 days before the convening of any convention of the G.L., the I.P. shall appoint 5 duly elected and qualified delegates to such convention as a resolutions committee. The 5 delegates so appointed may, on the authority of the I.P., be called in not more than 7 days before the convention convenes for the purpose of considering such resolutions as may properly come before the convention, and shall report their findings and recommendations to the convention as early as the business of the convention will permit. For the faithful performance of their duties each member of the resolutions committee shall receive $50.00 per day, together with actual and necessary hotel expenses, for the time engaged prior to the convening of the convention and after arrival at the convention city. Committees
23 24 25 26 27 28
SEC. 9. The I.P. shall appoint a committee on rules for each convention of the G.L. All committees necessary for conducting the business of the convention, not otherwise provided for, may be appointed by the E.C., subject to the approval of the convention.
12 Order of Business
ARTICLE II
1 2 3 4 5 6 7 8 9 10 11
SEC. 10.
1. Address by International President 2. Reading of Convention Call 3. Appointment of Rules Committee 4. Report of Credentials Committee 5. Report of Rules Committee 6. Appointing of Other Convention Committees 7. Reports of Committees 8. New Business 9. Closing Address of International President Parliamentary Laws
SEC. 11. The parliamentary law of this G.L. 12 13 shall be as set forth in this Constitution. Roberts 14 Rules of Order will apply to questions not covered 15 thereby.
13
GRAND LODGE OFFICERS, DELEGATES AND COMMITTEE ON LAW, AND HOW CHOSEN Officers
1 2 3 4 5 6 7 8 9 10 11
SEC. 1. Effective July 1, 1993, the G.L. officers shall be an International President, a General Secretary-Treasurer and 7 General Vice Presidents, one of whom shall be from Canada, nominated and elected by the membership of L.Ls. chartered in Canada. The International President and General Secretary-Treasurer shall be nominated and elected by the entire membership; the remaining 6 General Vice Presidents shall be nominated and elected by the membership of all L.Ls. other than those chartered in Canada. Delegates and Committees
12 13 14 15 16 17 18 19 20 21 22 23
SEC. 2. Three delegates to the A.F.L.C.I.O., 1 delegate to the C.L.C. and 5 members of the Committee on Law, 1 of whom shall be from Canada, shall be elected concurrently with the G.L. officers, and additional delegates to the A.F.L.C.I.O. shall be assigned in accordance with Sec. 2, Art. IV. The A.F.L.C.I.O. delegates shall be elected only by the membership of all L.Ls. other than those chartered in Canada and the C.L.C. delegate shall be elected by members of L.Ls. chartered in Canada. These delegates and committeemen shall not be considered as G.L. officers.
14 Qualifications
ARTICLE III
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 3. Candidates for G.L. office, delegates to the A.F.L.C.I.O., delegate to the C.L.C., and the Committee on Law must be members who are and have been in continuous good standing for at least 5 years immediately prior to their nomination, free from indebtedness of any nature to any L.L., D.L., or G.L., and otherwise eligible under provisions of applicable civil law; provided, however, that any member whose dues are subject to withholding by his/her employer for payment to his/her L.L., D.L., or G.L. pursuant to his/her voluntary authorization under a collective bargaining agreement shall not be declared ineligible to be a candidate for office by reason of alleged delay or default in the payment of such withheld dues; provided, however, that such member is not otherwise delinquent in payment of dues. In addition thereto, they shall qualify under Sec. 5, Art. I. Such candidates must be working at the trade, skill or profession at the time and for 1 year next preceding their nomination. Salaried officers or employees of L.Ls., D.Ls., or G.L. and the A.F.L.C.I.O. or C.L.C. are excepted from this provision, provided such employment and other employment at the trade, skill or profession, separately or jointly, has been continuous during the 12 months next preceding their nomination. The qualification working at the trade, skill or profession at the time and for 1 year next preceding their nomination, shall not be required of or apply to members who have been unable to obtain employment as
ARTICLE III
15
1 2 3 4 5 6 7
a result of a strike, lockout, discrimination, or temporary physical disability. No incumbent or nonincumbent candidate for an elected G.L. office will be eligible to seek such office if by reason of age he/she would not be able to serve at least 2 full years of such term before he/she would be required to retire. Endorsement for Nomination
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
SEC. 4. On January 1, 2005, and January 1 of every 4th year thereafter, the G.S.T. shall issue a circular to all L.Ls. calling for endorsements of nominees for all G.L. officers, 3 delegates to the A.F.L.C.I.O., delegate to the C.L.C. and members of the Committee on Law, which circular shall be accompanied by proper forms for the return of endorsements for nomination by L.Ls. After the receipt of said circular, and at the last regular meeting in January, of which meeting notice shall be served upon members by shop bulletin, mail or otherwise, L.Ls. may, by a majority vote of those voting, endorse for nomination 1 candidate for I.P., 1 candidate for G.S.T., and 5 candidates for the Committee on Law. L.Ls. chartered other than in Canada may, by majority vote of those voting, endorse for nomination 6 candidates for G.V.P. and 3 candidates for A.F.L.C.I.O. delegates. L.Ls. chartered in Canada may, by majority vote of those voting, endorse for nomination one candidate for G.V.P. and 1 candidate for C.L.C. delegate. On or before 12 oclock midnight, January 31, the R.S. of each L.L. shall forward to
16
ARTICLE III
1 2 3 4 5 6 7 8
the G.S.T. by registered or certified mail a correct list of all endorsements for nomination and the offices for which the members are endorsed, together with their lodge numbers and card numbers, upon the forms provided therefore. A failure to nominate the required number of candidates shall invalidate the nomination or endorsement for that office, committee or delegation. Filing and Publication of Endorsement
9 10 11 12 13 14 15 16 17 18 19
SEC. 5. All such endorsements for nomination for G.L. officers, delegates and committees must be on file in the office of the G.S.T. by 12 oclock noon, February 8; and the G.S.T. shall thereafter tabulate the same and cause the full and complete tabulation to be published in the next issue of THE JOURNAL no later than March l, showing the L.Ls. making the endorsements, the members endorsed, the offices for which the members are endorsed, and designating the members who are thereby chosen as nominees under the provisions of Sec. 6 of this Art. Number of Nominees
20 21 22 23 24
SEC. 6. From the endorsements received from L.Ls., there shall be selected for each elective position the 2 candidates receiving the highest number of endorsements, and the 2 so selected shall constitute the candidates on the final ballot. Pledge to Accept Nomination
25 SEC. 7. On or before February 12, the G.S.T. 26 shall, by registered or certified letter, notify all
ARTICLE III
17
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
candidates who have received the endorsement of 25 different L.Ls., except in Canada where the endorsement from 20 L.Ls. with representation from at least 3 different provinces, of that fact; and candidates so notified shall, within 10 days after receipt of notification, inform the G.S.T. by registered or certified mail of their acceptance or declination of the endorsements for nomination, together with a statement that they are duly qualified under the provisions of this Constitution, which statement shall be certified by the S.T. of the L.L. of which the candidate is a member, or certified by the G.S.T. On failure of candidates to comply with this provision, it shall be the duty of the G.S.T. to strike their names from the list, and to at once notify the candidate or candidates receiving the next greatest number of endorsements of any declination that has been received or of the failure of any candidate to accept. Preparation and Description of Ballots
19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 8. After the foregoing provisions have been complied with, the G.S.T. shall, not later than 12 oclock noon, March 15, prepare the ballots and have printed thereon the names of all eligible candidates, together with the number of the lodges of which they are respectively members, said names to be arranged in order according to the number of endorsements received by each candidate for the office stated. All ballots shall bear the seal of the G.L., and be so arranged that voters may designate their choice by marking an (X) opposite the names of those for whom they wish to record their votes. Ballots shall be perforated so that the bottom portion thereof, on
18
ARTICLE III
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
which the member voting shall fill in his/her name, address, lodge number and card number, may be detached after checking prior to the member casting the ballot. The ballot shall remain unidentified and unmarked in order to preserve its secrecy except for the (X) placed opposite the names of those for whom the member wishes to record his/her vote, and shall be executed in accordance with the instructions thereon. The G.S.T. shall supply L.Ls. with a sufficient number of such ballots on or before April 1, and no other ballots shall be used. He/She shall furnish tally sheets in duplicate, upon which shall be tabulated the votes of the members of the L.L. One tally sheet shall be retained by the R.S. of the L.L. and 1 shall be returned to the G.S.T. Place of Voting
17 18 19 20 21 22 23 24 25 26
SEC. 9. The election of G.L. officers, the Committee on Law, delegates to the A.F.L.C.I.O., delegates to the C.L.C. or other bodies with which the I.A.M. is or may be affiliated shall be held on the 1st or only regular meeting of each L.L. in April, in the L.L. room where the regular L.L. meetings are held, excepting in those L.Ls. where circumstances require some other arrangement, the L.L. may, through its bylaws, provide other methods subject to the approval of the I.P. Qualification to Vote
SEC. 10. Only members who are in good stand27 28 ing pursuant to the provisions of this Constitution 29 shall be allowed to vote at any election.
19
1 2 3 4 5 6 7 8 9 10
SEC. 11. Not less than 15 days prior to the time when the elections specified in Sec. 9 of this Art. are to be held, notice of the time and place, by letter or by authorized publication or by other dependable regularly used means of communication, shall be mailed to each member qualified to vote at his/her last known home address. Absentee ballots shall be issued and voted in accordance with the provisions set forth in Sec. 3, Art. II. Inspectors of Election
11 12 13 14 15 16 17
SEC. 12. At the last regular meeting in March, 2005, and the last regular meeting in March of every 4th year thereafter, each L.L. shall elect 3 members as inspectors of election who shall receive, record and count the vote of the members. In case 1 or more of said inspectors are unable to act, then the president shall fill the vacancy by appointment. Time and Method of Voting
18 19 20 21 22 23 24 25
SEC. 13. Votes shall be received by the inspectors of election from the opening to the closing of voting on the day of the 1st or only regular meeting of the L.L. in the month of April, and at no other meeting in April. Provisions must be made to accommodate members who are working nights, and in order that all may have an opportunity to record their vote, the balloting may begin as early as 6 A.M.
20
ARTICLE III
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
All ballots must be marked in ink or pencil. Whenever 2 or more are to be elected to the same office, committee or delegation, a failure to vote for the required number of candidates shall invalidate the vote for that office, committee or delegation. All votes shall be deposited in the presence of at least 2 of the inspectors. Each voter shall write his/her name, address, lodge number and card number in the space provided on the perforated register slip attached to the ballot. The inspectors shall require each voter to present his/her dues book or dues card for inspection, which shall be marked to show that the member has voted. The member shall then place the ballot and detachable stub in the separate containers provided therefore. There shall be no voting by proxy or write-in candidates, and no member shall be allowed to fill in the ballot for any other member. Ballots cast for candidates not nominated in conformity with these provisions (write-ins) shall not be tabulated. With respect to all absentee ballots, the inspectors of the election shall open the outside envelopes and check the enclosed detachable stubs to determine the eligibility and identity of the member returning the ballot and then place the ballots contained in the inner envelopes unopened with the other ballots cast by members at the election meeting. The G.S.T. shall mail a notice of the time and place of the election and a ballot to the last known home address of each member directly affiliated with the G.L. within the time limitations prescribed for L.Ls. in Sec. 11 of this Art. Such affiliated members
ARTICLE III
21
1 2 3 4 5 6
may vote by executing and returning their respective ballots in accordance with the procedure as set forth in Sec. 3, Art. II, for the execution and return of absentee ballots by L.L. members. The G.L. election tellers shall count and report the same in the detailed statement required under Sec. 16 of this Art. Tabulation of Returns and Care of Ballots
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
SEC. 14. The inspectors of election of each L.L., with such assistance as the L.L. may deem necessary, shall, upon the close of the polls, proceed to count the votes cast for each office separately, tabulate the results of each such office in duplicate on the tally sheets and, within 120 hours from the close of the polls, forward 1 copy thereof, together with all ballots cast, to the G.L. election tellers, in care of the G.S.T., by registered or certified mail. The ballots and tally sheets shall be mailed in special containers or envelopes, to be furnished by the G.S.T., and plainly marked to designate their contents. These packages and envelopes shall only be opened in the presence of 3 G.L. election tellers. Ballots and tally sheets not mailed within 120 hours after the close of the polls shall not be counted. The duplicate copy of the tally sheets shall be placed in the hands of the R.S. of the L.L. to be spread upon the records of the L.L. in such manner as to publish the results of the election for each office involved separately. The perforated register slips containing the name, address, lodge number and card number of each member voting, and any other election records not forwarded to the G.S.T., shall be retained by the L.L. for a period of 1 year and shall be surrendered to the G.L. election tellers if required and ordered by them.
22
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
SEC. 15. Each nominee for I.P. shall, on or before May 1, select a member of the I.A.M. to act as his/her teller. In the event that there is only 1 nominee for I.P., then the 2 candidates for G.S.T. shall select the tellers. The spirit of this Sec. is to be construed that opposing candidates shall have the right to select the tellers in rotation and where a candidate is unopposed, he/she shall not have the right to select a teller. The 2 tellers thus selected shall employ as a 3rd teller a certified public accountant who shall act as chairperson of the G.L. election tellers. The 2 G.L. election tellers chosen by candidates shall, while engaged in counting and supervising the G.L. election returns, receive as compensation the maximum rate of pay for journeymen in the Headquarters location for the time actually engaged in the performance of their duties, together with transportation and actual hotel expenses, if residing outside of the location of Headquarters. Counting the Votes
21 22 23 24 25 26 27 28 29 30 31 32
SEC. 16. The G.S.T. shall be custodian of all ballots and tally sheets, and shall, after the G.L. election tellers are duly organized and on their demand, surrender, unopened and in their original containers, all ballots and tally sheets. The G.L. election tellers shall meet at the G.L. offices on May l, and proceed with the count. The G.L. election tellers shall have full charge of the counting of the ballots, assisted by such help as they may require, to be furnished by the G.S.T. They shall have power to adopt rules to govern their work, hear complaints, make adjustments, and render
ARTICLE III
23
1 2 3 4 5 6 7 8 9 10 11
decisions strictly in accordance with this Constitution and the policies, custom and usage of this Association. After they have counted and tabulated the vote, they shall render a report containing a detailed statement of the votes cast in each L.L. for each office involved, together with a report on all irregular or contested ballots, for the respective candidates. This report shall be published in the next issue of THE JOURNAL in such manner that the results of the voting in each L.L. for each such office involved is separately shown. Declaration of Election
SEC. 17. The nominees receiving the highest 12 13 number of votes for the respective offices shall be 14 declared duly elected by the G.L. election tellers. Second Ballot
15 16 17 18 19 20 21 22 23 24 25
SEC. 18. In case candidates for any office receive an equal number of votes, their names shall be resubmitted in accordance with Sec. 8 of this Art., and such procedure shall be continued until one candidate shall receive a greater number of votes than the other candidate contesting for the same office. If the 2nd or other succeeding ballots do not result in an election prior to the expiration of the term of office of the then incumbent, said incumbent shall be retained in office until the successor is duly elected. Preservation of Ballots and Election Records by G.S.T.
SEC. 19. The G.S.T. shall preserve for 1 year 26 27 all ballots and all other election records in his/her 28 possession pursuant to the foregoing procedure.
24 Filling Vacancies
ARTICLE III
1 2 3 4 5 6 7 8 9
SEC. 20. Should a vacancy or vacancies occur in any G.L. office between elections, through any cause, such vacancy or vacancies shall be filled by an appointment or appointments by the E.C. not later than 60 days after the occurrence of such a vacancy or vacancies. Those members appointed to fill the unexpired terms of office shall meet all eligibility requirements of the Constitution pertaining to candidates for the office to which they are appointed. Increasing General Vice Presidents
10 11 12 13 14 15 16
SEC. 21. Notwithstanding the provisions of Secs. 1 and 4 of this Art., should the I.A.M. experience an increase in membership through plant expansions, organizing or mergers with other organizations which would warrant an increase in the number of G.V.Ps., from 7 to 8 or 9 G.V.Ps., the E.C. shall have the authority to institute such increase. Installations
17 18 19 20 21 22 23
SEC. 22. G.L. officers shall be installed by the I.P., or his/her deputy, and they shall assume the duties of their respective offices July 1, following their election, or as soon thereafter as the result is made known; provided, that each officer shall qualify within 10 days after being notified to appear for installation. Recall Provisions
24 SEC. 23. A L.L. in good standing with the G.L. 25 may propose the recall of any 1 or more of the
ARTICLE III
25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
G.L. officers, the Committee on Law, and delegates to the A.F.L.C.I.O. and the C.L.C. by filing with the G.S.T. a petition for the recall of such officer or officers, together with the endorsements thereof under the seal of at least 15% of the L.Ls. in good standing with the G.L., not more than 15 of which shall be located in any 1 state, province or territory. Every petition for a recall must contain a clear, concise statement of the specific charges against such officer or officers upon which the proceeding is based. All circulars issued by a L.L. for the purpose of securing the endorsements of other L.Ls. must be identical as to content and form, including the endorsement form attached thereto. All such circulars shall bear the date of issuance, be made returnable to the L.L. issuing same and deposited by such L.L. with the G.S.T. within 45 days after the date thereof. Upon receipt of the petition and endorsements for recall, the G.S.T. shall notify the officer or officers whose recall is sought and furnish him/her or them with a correct copy of the petition and the numbers of the L.Ls. appearing as endorsers thereof. Such officer or officers may, within 10 days thereafter, file a written statement of defense, containing not more than 500 words, with the G.S.T., who shall cause the same to be printed and mailed to all L.Ls. concurrently with the call for the endorsements for nominees hereinafter provided for. In the event the officer or officers whose recall is sought declines to defend the charges and resigns from office, thereby creating a vacancy or vacancies, said vacancy or vacancies shall be filled by an appointment or appointments by the E.C. not later than 60 days after the occurrence of such vacancy or vacancies. Those members appointed to fill the
26
ARTICLE III
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
unexpired terms of office shall meet all eligibility requirements of the Constitution pertaining to candidates for the office to which they are appointed. In the event the officer or officers whose recall is sought opposes the recall, the G.S.T. shall, on the 1st of the month next following, issue a circular to all L.Ls. calling for endorsements of nominees for the office or offices held by the officer or officers whose recall is sought. The selection of candidates and the election, and the tabulating and counting of the votes, except as hereinafter modified, shall proceed in accordance with the election laws set forth, substituting the name of such months as may be necessary to hold an interim election in place of those months specified in other Secs. of this Art. Unless the officer whose recall is sought lacks the necessary qualifications or files a written declination with the G.S.T., his/her name shall be printed upon the official ballot together with the name of the one other candidate who has received at least 25 endorsements and the greatest number of endorsements as candidate for nominee for that office. Should the officer whose recall is sought decline to be a candidate or lack the necessary qualifications, then the names of 2 members who have each received at least 25 endorsements and greatest and next greatest number of endorsements, respectively, as candidates for nominee for such office, shall be printed upon the official ballot as candidates for such office. The candidate for any office who received the greatest number of votes in any recall election shall be promptly notified of his/her election by the G.S.T. If the officer whose recall is sought is not elected, his/her tenure of office shall terminate 15 days after the result of the election is announced and the newly elected officer shall thereupon assume the duties of the office.
ARTICLE IV ARTICLE IV
27
DELEGATES TO THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS AND OTHER AFFILIATIONS International President First Delegate
1 2 3 4 5 6 7 8
SEC. 1. The I.P., by virtue of his/her office, shall attend all conventions of affiliated bodies as a regular delegate and act as chairperson of the delegation. If the I.P. cannot attend, the E.C. shall name the chairperson of the delegation. When only one delegate is permitted, if possible or proper, the I.P. shall be the delegate; if not possible or proper, then the E.C. shall make the assignment. Assignment of Delegates
9 10 11 12 13
SEC. 2. Prior to a convention of any organization with which the G.L. is affiliated, the E.C. shall assign the proper number of delegates permitted under the laws of the organization involved and direct them to represent the I.A.M. Division of Votes
SEC. 3. The number of votes to which the G.L. 14 15 is entitled shall be equally divided among its dele16 gates.
28 Salary
ARTICLE IV
1 2 3 4 5
SEC. 4. Delegates to conventions of affiliated bodies shall receive $50.00 per day or an amount equal to 8 hours pay at the delegates rate, whichever is greater, as compensation for time spent in attending such conventions.
29
1 2 3 4 5 6 7 8
SEC. 1. The E.C. shall consist of the I.P., the G.S.T. and the G.V.Ps. The I.P. shall be the chairperson and the G.S.T. shall be the secretary of the E.C. Meetings shall be called by the chairperson from time to time as the affairs of the I.A.M. require consideration by the E.C., and meetings must be called by him/her upon request from a majority of the officers composing the E.C. Powers
9 10 11 12 13 14 15 16
SEC. 2. Between conventions all executive and judicial powers of the G.L. shall be exercised by the E.C. sessions of which shall have the authority to propose changes in the Constitution pursuant to the provisions of Art. XX, and the power to require reports from any officer or officers of a L.L., D.L., or the G.L., or to suspend and/or remove any such officer or officers for justifiable cause. Investment of Funds
SEC. 3. The E.C. shall have full control over the 17 18 funds, deposits, investments and property of every 19 kind, nature and description belonging to the G.L. 20 All investments of G.L. funds, made upon the order
30
ARTICLE V
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
of the E.C., shall be in the name of the G.L., so that no amounts can be withdrawn therefrom without the signatures of the I.P., the G.S.T., and a G.V.P., upon an order to which the seal of the G.L. is attached. The E.C. may withdraw investments, negotiate loans upon securities belonging to the G.L., and sell such securities as the needs of the G.L. may require; but no such withdrawals, sales, or transfers shall be negotiated without the authority of the E.C. evidenced by the signatures of the I.P., the G.S.T., and a G.V.P., upon which the seal of the G.L. is attached. G.L. funds shall be invested in such securities or other investments deemed to be in the best interests of the I.A.M. in which a prudent person or a person acting in a fiduciary capacity would invest under the circumstances. Such investments may include United States Government bonds or notes, state and municipal bonds supported by the general income of the state or municipality, Canadian Government bonds, Certificates of Deposit insured by the Federal Deposit Insurance Corporation, corporate stocks, bonds and securities listed on the principal stock exchanges. Except as otherwise provided in this Constitution, or authorized by any resolutions adopted by G.L. conventions, or resolutions of the E.C. between conventions pursuant to authority herein granted, all expenditure and disbursement of funds and property of the I.A.M. shall be in accordance with its established practices, customs and procedures, including but not limited to, expenses for charitable, educational, legislative, economic, political, social and cultural purposes in the interest and for the benefit of the I.A.M. and its members.
ARTICLE V
31
1 The funds, property, or assets of the G.L. shall 2 not be loaned or appropriated for any other than the 3 legitimate purposes of the I.A.M.
Financing Strikes SEC. 4. The E.C. may draw upon G.L. funds to 4 5 finance any strike or lockout.
32 ARTICLE VI
ARTICLE VI
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
SEC. 1. The I.P. shall preside at meetings of the G.L. He/She shall serve as chairperson of the E.C. He/She shall preserve order, and in cases where the vote is equally divided in a convention or a meeting of the E.C., he/she shall cast the deciding vote. He/She shall enforce the laws of the I.A.M., its policies, rules and regulations approved by the E.C. and bylaws of L.Ls. and D.Ls. approved by the I.P., and decide questions of order and usage and constitutional questions, subject, however, to an appeal as provided in the Code, Art. L. He/She shall have the authority, with the approval of the E.C., to approve mergers or consolidations of other labor organizations into the I.A.M. and to temporarily waive or alter such laws and policies of the I.A.M. as may be necessary to effectuate such mergers or consolidations. Signing Orders
SEC. 2. The I.P. shall countersign all orders for 18 19 the payment of money by the G.L. and for the with20 drawing of money on deposit to its account. Chief Organizer SEC. 3. The I.P. shall be the chief organizer of 21 22 the G.L. and shall have full control of all G.L.Rs. 23 and of all organizing. He/She shall provide suitable
ARTICLE VI
33
1 2 3 4 5 6
literature for organizing purposes and have the authority when conditions warrant to appoint G.L.Rs. and assign them to such localities and for such particular terms and duties as shall be for the best interests of the I.A.M., all of which shall be subject to the approval of the E.C. Dispensations ----- Canada
7 8 9 10 11
SEC. 4. The I.P. shall have the authority to establish the fees charged in organizing campaigns in Canada to comply with Federal and Provincial laws. He/She may also determine the organizing jurisdiction in all organizing campaigns in Canada. Special Dispensations
12 13 14 15 16 17 18 19 20 21 22 23
SEC. 5. The I.P. shall have the authority to grant special dispensation to waive or reduce dues, G.L. per capita tax, initiation and/or reinstatement fees in existing L.Ls. for special cases where organizing activities are in progress or are contemplated, for such periods of time as he/she may determine. The I.P. shall also have the authority to grant special dispensation to waive or reduce dues, G.L. per capita tax, initiation and/or reinstatement fees in newly organized bargaining units for a period of time, but not to exceed the duration of the 1st negotiated collective bargaining agreement.
34
1 2 3 4 5 6 7 8 9 10 11
SEC. 6. The I.P. shall assign the elected G.V.Ps. to such territories or industries as are necessary to promote the best interests of the I.A.M. as provided in Sec. 1, Art. VIII. He/She shall also appoint all officers pro tem or committees not otherwise provided for, and may deputize other members to perform any of the duties of his/her office, except that during his/her absence from G.L. Headquarters he/she shall, if he/she deems it necessary, designate 1 of the elected G.L. officers to exercise the authority of his/her office. Supervision of Local and District Lodges, Councils and Conferences
12 13 14 15 16 17 18 19 20 21
SEC. 7. The I.P. shall have the general supervision, direction and control of all L.Ls., D.Ls., councils and conferences and the officers thereof. The I.P. shall have authority to place under his/her direct supervision, direction and control any L.L., D.L., council or conference when he/she determines that the good and welfare of this Association or the membership is placed in jeopardy for any of the reasons set forth in Sec. 8 of this Art., pending approval of the E.C. Purposes for Which a Suspension or Trusteeship May Be Established
SEC. 8. A suspension or trusteeship of a L.L., 22 23 D.L., council or conference may be imposed when24 ever the I.P. has or receives information which leads
ARTICLE VI
35
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
him/her to believe that such organization: (1) is violating the Constitution, the laws, policies, rules and regulations of the G.L., or the bylaws of such L.L., D.L., council or conference approved by him/her or the E.C.; (2) is endangering the good and welfare of the organization or the membership; (3) is being operated in such a manner as to jeopardize the interests of the I.A.M. or its subordinate bodies; or (4) if the I.P. believes that such action is necessary for the purpose of: (a) correcting financial malpractice; (b) assuring the performance of collective bargaining agreements or other duties of the bargaining representative; (c) preventing any action which is disruptive of, or interferes with, the performance of obligations of other members or subordinate bodies under collective bargaining agreements; (d) restoring democratic procedures; or (e) carrying out the legitimate objectives of this Union. Suspension of Local Lodges, District Lodges, Councils and Conferences, Their Officers and Representatives
19 20 21 22 23 24 25 26 27 28
SEC. 9(a). Whenever the I.P. determines that any of the circumstances described in Sec. 8 exist, he/she may appoint a temporary Trustee to take charge and control over the affairs of such subordinate body. All officers and representatives shall be suspended without pay pending their appointment by the temporary Trustee to serve as Deputy Assistants. In the event that an officer or elected representative is not so appointed, he/she shall be served with specific charges and all procedural protections provided by
36
ARTICLE VI
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Art. L. In the event that any Art. L proceeding results in a verdict of not guilty, such officer or elected representative shall be reimbursed for lost salary and benefits. A suspension under this provision shall operate only to suspend the right of such person to occupy any office or position or perform any of the functions thereof, but all other membership rights shall remain unaffected unless and until he/she has been served with charges and tried and convicted in accordance with the procedures set forth in Art. L. At the time of the appointment, the I.P. shall issue a notice setting forth his/her reasons for believing that such action is necessary and setting a time and place for a hearing for the purpose of determining whether such Trusteeship shall be continued or dissolved. Such hearing shall commence within thirty (30) days of the imposition of the Trusteeship, but in no event shall the subordinate body be given less than ten (10) days notice of the hearing date to prepare its response to the issues identified in the I.P.s notice. (b). In the case of hearings conducted pursuant to this Art., the I.P. shall appoint a trial committee composed of uninvolved members of the I.A.M. Hearings shall be conducted in accordance with the procedures set forth in Art. L, to the extent possible. The trial committee shall have the authority to promulgate procedural rules to ensure an orderly hearing and to protect the rights of all participants. The representative of the I.P. shall present his/her case in support of the Trusteeship first. Officers or former officers of the subordinate body shall have the opportunity to express their views concerning the Trusteeship. The trial committee
ARTICLE VI
37
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
shall have the authority to restrict testimony to the issues set forth in the I.P.s notice and, at its discretion, to such related matters as are relevant to the issue of whether the maintenance of a Trusteeship is warranted. The trial committee shall render a recommendation as to whether the Trusteeship should be continued within sixty (60) days of the completion of the hearing. The I.P. shall issue a decision within fifteen (15) days after receipt of such recommendation and the decision shall be promptly transmitted to the subordinate body. Appeals, if any, from determinations following such hearings shall be taken to the E.C., in accordance with the requirements of Sec. 13, Art. L. In the event the I.P. or E.C. decides to dissolve a Trusteeship already imposed and to restore the subordinate body to self-government, any officers who may have been removed by the Trustee and whose term of office has not expired, shall be reinstated to the positions which they held at the commencement of the Trusteeship; provided that he/she has not been convicted of having violated any provision of this Constitution or applicable bylaws, pursuant to proceedings under Art. L. The time requirements set forth in this Sec. shall not be mandatory but are only directory. (c). The Trustee shall act under the supervision of the I.P. He/She shall be authorized to take full charge of the affairs of the subordinate body, and to take such other actions as in his/her judgment are necessary for the preservation of the subordinate body and to accomplish the purposes for which the Trusteeship was imposed. (d) Upon imposition of a Trusteeship, the former officers of the subordinate body shall turn over all
38
ARTICLE VI
1 2 3 4 5 6 7 8 9
monies, books, records and properties of the subordinate body to the Trustee, who shall make an accounting of same. The Trustee shall pay all outstanding claims, if funds are sufficient. If the funds are not sufficient, he/she shall first satisfy any obligations owed to the G.L. under this Constitution and then settle the most worthy claims, as his/her judgment dictates, unless otherwise directed by the I.P. Report to Executive Council
10 11 12 13 14
SEC. 10. Whenever the I.P. submits, through correspondence, any question to the members of the E.C. for their decision, he/she shall notify them, and all other parties in interest, of the decision of the E.C. immediately upon receipt thereof. Grand Lodge Representatives
15 16 17 18 19 20
SEC. 11. G.L.Rs. appointed by the I.P. under authority of Sec. 3 of this Art. shall be members in continuous good standing for at least 5 years immediately prior to their appointment, free from delinquencies of any nature to any L.L., D.L., or the G.L. They shall also qualify under Sec. 5, Art. I. Relief of Canadian Membership from Certain Requirements of Landrum-Griffin Act
21 22 23 24 25 26 27 28
SEC. 12. To the extent permitted by civil law, the I.P., with the approval of the E.C., is authorized to grant administrative relief to the Canadian membership from certain objectionable provisions of this Constitution which were inserted solely because of the requirements of the Labor-Management Reporting and Disclosure Act of 1959, commonly called the Landrum-Griffin Act.
39
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
SEC. 1. The G.S.T. shall be the secretary and keep correct records of all meetings of the E.C. and of all conventions of the G.L. He/She shall cause the proceedings of all meetings of the E.C. to be printed in pamphlet form and mail a copy thereof to each L.L. within 90 days from the date the minutes of the meeting are approved. He/She shall conduct all correspondence in the name of the G.L., excepting correspondence dealing with the duties and responsibilities of the office of the I.P., and be subject to the directions of the E.C. Whenever necessary he/she may visit any L.L. or D.L. for the purpose of instructing the officers in the performance of their duties. He/She shall assume responsibility regarding the issuance of Veteran Badges. He/She shall have the general supervision of the business of his/her office and, upon request, shall submit his/her books of account together with all papers, files, documents, etc., in his/her possession for the inspection of the E.C. and the certified public accountant. He/She shall also codify and index the various articles and sections of this Constitution. Receipt of Funds
22 23 24 25 26 27 28 29 30 31 32
SEC. 2. The G.S.T. shall receive all funds paid to the G.L. from all sources and distribute same to the credit of the accounts for which they are intended. District lodges, local lodges not affiliated with a full service district lodge, and unaffiliated local lodges, at their option, may elect to have all monthly membership dues and fees collected by the G.S.T. Initiation and reinstatement fees will be reconciled with the D.L. and/or L.L. The G.S.T. shall distribute the appropriate amounts from the monthly dues and fees collected to the D.L.s and L.L.s. He/She shall keep a systematically arranged
40
ARTICLE VII
1 2 3 4 5 6
book account between the G.L. and each L.L. He/She shall, upon request of any L.L., furnish a copy of the expense account of any paid representative of the G.L. for the period specified by such L.L., provided such request does not include a period prior to the next preceding G.L. audit. Deposit of Funds
7 8 9 10 11 12 13 14
SEC. 3. All monies received by the G.S.T. shall be deposited daily by him/her in a bank of sound financial standing in the name of the G.L., which deposit shall be subject to withdrawal check signed by the G.S.T. and countersigned by the I.P. He/She shall invest, in conformity with the provisions as contained in Sec. 3, Art. V., the accumulated G.L. funds in excess of $100,000 as directed by the E.C. Per Capita Tax and Fees
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
SEC. 4. The G.S.T. shall collect per capita tax in proportion to the business transacted as shown by the regular monthly report of each L.L., in accordance with the following rates, which include subscriptions to the I.A.M.s magazine, THE JOURNAL, which will be published periodically, and the premium of L.L. and D.L. officers and employees bonds as required by law or G.L. policy, up to a maximum of $10,000 as prescribed in Sec. 6 of this Art. Monthly per capita tax for all members: Effective January 1, 2009, the monthly per capita tax due G.L. shall be equal to the per capita tax in effect for 2008 plus $4.00 plus the percentage increase in the weighted average on a union-wide basis of one hours earnings of each L.L. member in effect on the 31st day of August 2008. Notwithstanding any contrary language in Article XXII, Section 9, district lodges which are over the minimum D.L. per capita may not add any part of this $4.00 to their per capita tax without specific authorization from the membership and in accordance with D.L. bylaws. Effective January 1, 2009, local lodges that are currently receiving special dispensation to pay a
ARTICLE VII
41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
reduced G.L. per capita tax shall pay a G.L. per capita tax equal to the reduced per capita tax plus $5.00 plus the percentage increase in the weighted average on a union-wide basis of one hours earnings of each L.L. member in effect on the 31st day of August 2008. Effective January 1, 2010, the monthly per capita tax due G.L. shall be equal to the per capita tax in effect for 2009 plus the percentage increase in the weighted average on a union-wide basis of one hours earnings of each L.L. member in effect on the 31st day of August 2009. Effective January 1, 2011, the monthly per capita tax due G.L. shall be increased by $2.00 plus the average of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the U.S. Department of Labors Bureau of Labor Statistics and the Canadian Consumer Price Index as published by Statistics Canada. The not seasonally adjusted indices will be used. Notwithstanding any contrary language in Article XXII, Section 9, district lodges which are over the minimum D.L. per capita may not add any part of this $2.00 to their per capita tax without specific authorization from the membership and in accordance with D.L. bylaws. Effective January 1, 2011, those lodges that paid a reduced G.L. per capita tax in 2009 and 2010 due to previously granted special dispensation must come into full compliance with the G.L. per capita tax as described in the above paragraph. Effective January 1, 2012, and each January 1 thereafter, the monthly per capita tax due G.L. shall be increased by the percentage increase in the CPI indices as described above. Ninety percent (90%) of the regular G.L. per capita tax or the reduced G.L. per capita tax, whichever is the lower, shall be allocated to the General Fund. Ten percent (10%) of the regular G.L. per capita tax or the reduced G.L. per capita tax, whichever is the lower, shall be allocated to the Strike Fund.
42
ARTICLE VII
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
Benefits from the Strike Fund shall be paid in accordance with Sec. 6, Art. XVI. Monthly dues for G.L. affiliation .......... . determined by the E.C. Unemployment stamp.. $ 1.00 Permanent retirement card for all members... $10.00 Initiation or reinstatement per capita tax. $10.00 Reinstatement per capita tax when dues books or dues cards are issued by G.S.T. (Secs. 5, 15, and 19, Art. I) $10.00 G.L. initiation or reinstatement fee ....... ... determined by the E.C. Upon receipt of per capita tax, accompanied by the report of any L.L., the G.S.T. shall furnish stamps as receipts, in proportion to the number of initiations, reinstatements and number of months dues paid. He/She shall also keep a record of all members affiliated with G.L. The G.S.T. shall furnish a uniform dues book or dues card at cost to L.Ls. in which stamps may be affixed and cancelled. Dues books shall contain spaces for the entering therein of transfers, assessments and the designation of the amount of dues charged by each L.L., and for the registering of votes in G.L. elections. Space shall also be provided for the insertion of the Congressional or Assembly District, Legislative Assembly or Parliamentary Constituency of the member. The G.S.T. is authorized to discontinue the foregoing use of the dues book and dues stamps and substitute therefore a more modern means, and/or more automated methods, of identification and verification of membership standing when in his/her judgment such changes are feasible and practicable and after approval by the E.C. The G.S.T. is also authorized to adopt more modern procedures for reporting the payment of per capita taxes when, in his/her judgment, such technology is practicable and after approval by the E.C.
ARTICLE VII
43
1 2 3 4 5 6 7 8
Those L.Ls. on a dues book system will remain on that system for identification and verification of membership standing, unless a L.L. takes formal action requesting a change to the dues card system, and advises the G.S.T. over the signature of the R.S. and the seal of the L.L. Any L.L. changing from the dues book system to the dues card system shall not be permitted to return to the dues book system. Audit of Local and District Lodges, Councils or Conferences
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
SEC. 5. The G.S.T. shall audit the books of any L.L., D.L., council or conference whenever in his/her opinion such an audit is advisable; such audits shall include health and welfare funds, insurance or benefit funds, building associations, etc., which are operated in the interests of the members or administered and directed under the control of the L.L., D.L., council or conference, and he/she shall from time to time appoint, with the approval of the E.C., such auditors as may be necessary to carry on this work. Upon demand therefore by the G.S.T., the officers of any L.L., D.L., council or conference shall forthwith surrender and turn over to the G.S.T. or to an auditor whom he/she may designate, all books, vouchers, bills, receipts and records of such L.L., D.L., council or conference. Any L.L., D.L., council or conference or officer thereof, who refuses to comply with the provisions of this Sec. shall be liable to suspension or expulsion by the E.C. The G.S.T. in cases of chronic lodge indebtedness and/or failure to file forms as required by this Constitution, may require that membership dues be remitted directly to G.L. for such time as he/she deems appropriate. The G.S.T. shall distribute the appropriate amounts from the monthly dues and fees collected to the D.L.s and L.L.s.
44
ARTICLE VII
1 2 3 4 5 6 7 8 9 10 11 12
Officers of L.Ls., D.Ls., councils or conferences, who shall be found to be indebted to any such body by reason of any shortage of funds, accounts or securities entrusted to them, shall immediately be suspended from office and thereafter be permanently disqualified from holding any office or representing members of the I.A.M. in any capacity, provided, however, that the E.C. shall have authority to reinstate such former officer to full membership rights, including the right to hold office and represent other members, for good cause and where permitted by law. Bonding of Officers and Employees of Local and District Lodges, State Councils and Conferences
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SEC. 6. The G.S.T. shall, with the approval of the E.C., arrange with a recognized bonding company for the issuing of bonds in the amount of $10,000 to be paid for by the G.L. providing coverage for all officers and employees of, as well as such other individuals as are required by law or G.L. Policy to be bonded in connection with each L.L., D.L., state council or conference. The G.S.T. may take advantage of long-term bonding and premium discounts. Where coverage in a greater amount than $10,000 is required by law or G.L. Policy, the G.S.T., using as a base current audit reports, will arrange for the issuance of such required bonds, and the bonding company will bill the L.L., D.L., state council or conference for the premiums of such excess amounts. Where additional coverage of
ARTICLE VII
45
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
people is required by law or G.L. policy, and such people are not already covered by the bonds obtained by the G.L. in the amount of $10,000 as aforesaid, such bonds shall be obtained and paid for by the L.L., D.L., state council or conference involved. Each L.L., D.L., state council or conference shall be notified by the G.S.T. of the name and address of the bonding company selected to handle bonds arranged by the G.L. in accordance with the foregoing. Any L.L., D.L., state council or conference desirous of covering its officers, employees or other people in an amount greater than that herein required, shall arrange with such company to obtain such additional bonds and pay the premiums therefore. Reports
17 18 19 20 21 22 23 24
SEC. 7. Decisions rendered by the I.P. or by the E.C., whether through correspondence or in regular session, shall be published in full by the G.S.T. in the next monthly pamphlet containing itemized statement of receipts and expenditures provided for in Sec. 2 of this Art.; and he/she shall perform such other duties as may be required of him/her by the laws, customs and usages of this Constitution. Assistant
SEC. 8. The G.S.T. shall appoint an assistant 25 26 secretary, who must be a member, and employ such 27 other help as may be necessary to perform the work 28 of his/her office, subject to the approval of the E.C.
46
1 SEC. 9. The assistant secretary shall perform all 2 duties assigned to him/her by the G.S.T., and in the 3 absence of that official, shall have supervision of the 4 office.
Grand Lodge Auditors
5 6 7 8 9 10 11 12
SEC. 10. G.L.As. appointed by the G.S.T. under authority of Sec. 5 of this Art. shall be members in continuous good standing for at least 5 years immediately prior to their appointment, free from delinquencies of any nature to any L.L., D.L. or the G.L. They shall also qualify under Sec. 5, Art. I. They shall perform such services as may be required of them by the G.S.T.
47
1 2 3 4 5 6 7
SEC. 1. When not in attendance at meetings of the E.C., the G.V.Ps. shall act as general organizers, or shall perform such duties, in such territories or industries as may be decided by the I.P. to be for the best interests of the I.A.M., and shall report their activities from time to time as may be deemed necessary. Reports and Expense Statements
SEC. 2. During each week, the G.V.Ps. shall file 8 9 with the I.P. an itemized account and full report of 10 their expenses and activities as officers of the G.L.
48 ARTICLE IX SALARIES
ARTICLE IX
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
SEC. 1. For the faithful performance of their duties, the G.L. officers listed below shall be paid annual salaries in 52 equal weekly installments per year based upon the following schedule: International President Effective January 1, 2001 ... $180,000 General Secretary-Treasurer Effective January 1, 2001 ... $170,000 General Vice Presidents Effective January 1, 2001 ... $155,000 The above-named officers shall have their salaries increased each year on the 1st of January by the percentage increase in the weighted average one hours earnings as computed in Sec. 4, Art. VII. Effective January 1, 2011 and each January 1st thereafter, the above-named officers shall have their salaries increased by the average of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the U.S. Department of Labors Bureau of Labor Statistics and the Canadian Consumer Price Index as published by Statistics Canada. The not seasonally adjusted indices will be used. Salaries of G.L.Rs. and G.L.As. are subject to adjustment by the E.C.
49
1 2 3 4 5 6 7 8
SEC. 1. No officer of the G.L. or of any L.L. or D.L. who is expected to devote full time to the duties of the office, shall accept any office or other position from any other organization or institution unless it is such as will advance the common interests of the working classes, nor shall any member of any L.L. hold membership in any other organization inimical to the interests of the I.A.M. Expense Allowance
9 10 11 12 13 14 15 16 17 18
SEC. 2. G.L. officers, delegates to the A.F.L.C.I.O., delegates to the C.L.C., members of the Committee on Law, G.L.Rs. and G.L.As., shall be allowed actual and necessary transportation and hotel expenses when away from home on official business, subject to the approval of the E.C. During each week all elected and appointed officers and appointed representatives shall file with the I.P. an itemized account of their expenses while on official business of this Organization. Officers Expenses at Headquarters
SEC. 3. The I.P., 1 G.V.P. and the G.S.T.shall 19 20 have Upper Marlboro, Maryland, designated as
50
ARTICLE X
1 2 3 4 5
their headquarters, and these officers shall be allowed expenses provided in Sec. 2 of this Art. where the performance of their official assignments requires them to reside in a hotel in the Washington, D.C. area. General Vice Presidents Headquarters
SEC. 4. All other G.V.Ps. shall be assigned to a 6 7 home headquarters and no hotel expenses shall be 8 allowed when stationed at such designated headquar9 ters.
ARTICLE XI ARTICLE XI
51
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
SEC. 1. G.L. shall establish and maintain business agencies upon railroads and airlines, in industries and localities, whenever the establishment and maintenance of the same is approved and authorized by the E.C. The amount paid by the G.L. to business agencies and D.Ls. and L.Ls. or D.L. organizers shall be in each case one-half of the monthly salary paid to the business representative or general chairperson, and L.L. or D.L. organizers, with the minimum and maximum amounts as follows: MINIMUM MAXIMUM January 1, 2000 $2,157 $3,370 The above minimum and maximum shall be increased each succeeding year on the 1st of January by the percentage increase in the weighted average hourly earnings on a union-wide basis. Effective January 1, 2011 and each January 1st thereafter, the above minimum and maximum shall be increased by the average of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the U.S. Department of Labors Bureau of Labor Statistics and the Canadian Consumer Price Index as published by Statistics Canada. The not seasonally adjusted indices will be used. All D.Ls. or L.Ls. employing 1 or more business representatives, general chairpersons or organizers shall pay at least the minimum. The I.P. may give special dispensation to L.Ls. or D.Ls. that financially cannot meet the minimum salaries and who request that no increase be given to business representatives, general chairpersons or organizers. This dispensation may be granted once yearly.
52
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
SEC. 2. The I.P., with the approval of the E. C., shall discontinue the financial support of the G.L. in any case where, in his/her or its opinion, the conduct or results obtained by any business representative or agency are unsatisfactory. All business representatives, whether they are or are not receiving financial assistance from the G.L., are under the general supervision of the I.P. The I.P. shall have the authority to deputize any business representative to act as a representative of the G.L. and may direct him/her to perform special assignments at the I.P.s direction, within or without the representatives respective districts or localities. Business representatives established pursuant to Sec. 3 of this Art. shall remain employees of their respective L.L. or D.L. while performing any such special assignment. Servicing of Local and District Lodges
17 18 19 20 21 22 23 24 25 26
SEC. 3. Each L.L. and/or D.L. shall establish, subject to approval by the E.C., a sufficient number of business representatives to properly service the membership of the L.L and/or D.L. so that servicing can be done with a minimum of G.L. assistance. In cases where this is not or cannot be accomplished, the E.C. can order the consolidation of a small L.L. to ensure proper servicing of the membership and, further, can order the establishment of business agencies where a L.L. and/or D.L. fails to do so.
ARTICLE XI Qualifications
53
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
SEC. 4. Members shall not be permitted to serve as business representatives unless they have been in continuous good standing for at least 2 years and must be working at the trade 1 year immediately prior to their nomination and free from delinquencies of any nature to a L.L., D.L. or the G.L. The qualification working at the trade shall not apply to members who are salaried full-time employees of any L.L., D.L. or G.L., a council, conference, or the A.F.L.C.I.O. or C.L.C., nor shall it apply to members who experience a layoff during the one year period immediately prior to their nomination, or to members who have been unable to obtain employment at the trade because of a strike, lockout, discrimination, or temporary physical disability. All business representatives must qualify under Sec. 5, Art I. No business representative may hold any office in the gift of any L.L. or D.L. excepting that of president of a D.L., or L.L., where no D.L. exists. A business representative may serve as a delegate to any affiliated body and to conventions. The term of service of business representatives shall be provided for in the bylaws of the L.L. or D.L., but such term shall be of not less than 3 years nor more than 4 years. Reports
26 27 28 29 30
SEC. 5. All business representatives, general chairpersons and organizers shall file periodic reports of their activities. The frequency, content and form of the reports shall be determined by the I.P.
54 Location of Activities
ARTICLE XI
1 2 3 4 5 6 7
SEC. 6. The work of all business representatives shall be confined to the railroad, airline, industry, or locality for which they are respectively elected, unless otherwise ordered by the I.P. or the E.C. While on special service, business representatives shall be paid their actual hotel and transportation expenses.
ARTICLE XII ARTICLE XII REVENUE OF THE GRAND LODGE Source of Revenue
55
1 2 3 4 5 6
SEC. 1. The revenue of the G.L. shall be derived from the sale of supplies, collection of dues, per capita tax, initiation fees, reinstatement fees, the income from the publication of THE JOURNAL, interest, investments, and such special assessments as may be levied from time to time. Assessments
7 8 9 10 11 12 13 14 15 16 17 18 19 20
SEC. 2. Whenever in the opinion of the E.C. additional funds over and above the regular income are necessary to carry on the work of the G.L., the E.C. shall recommend the levying of a special assessment and the G.S.T. shall prepare a ballot and submit the same for approval of the members in good standing voting in a secret ballot referendum. If a majority of members voting in said referendum vote in favor of the assessment, it shall become effective and a lawful charge payable by each member on the date specified by the E.C. Monies received through a G.L. assessment shall be used only for the purpose specified on the ballot submitted to the membership.
56 ARTICLE XIII
ARTICLE XIII
AUDITS OF GRAND LODGE ACCOUNTS AND BONDING OF GRAND LODGE OFFICERS, REPRESENTATIVES AND EMPLOYEES Audits
1 2 3 4 5 6 7 8 9 10 11 12 13
SEC. 1. The G.S.T. with the approval of the E.C. shall employ a bonded certified public accountant (the amount of bond to be determined by the E.C.) who will proceed in the 3rd week in January of each year to examine and make a complete audit of the books and accounts of the G.L. covering the 12 month period ending the previous December 31. A full report, including a statement of all assets and liabilities of the G.L., shall be published over the signature and verified under oath by the certified public accountant. Compensation of the certified public accountant shall be assumed by the G.L. Bonding
14 15 16 17 18 19 20 21 22 23
SEC. 2. All G.L. officers, representatives, or employees who handle funds or property of the G.L., or of a trust in which the G.L. is interested, shall be bonded prior to assuming office or employment positions in such amounts as may be required by the E.C. in compliance with applicable law, the expense of which bonding shall be borne by the G.L.; provided, however, that neither the I.P. nor the G.S.T. shall be bonded in an amount less than $100,000.
57
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
SEC. 1. The G.L. shall continue the Pension Plan covering all G.L. elective and appointive officers, representatives and employees (except those employees who are excluded from coverage under the terms of their collective bargaining agreement); all eligible business representatives, general chairpersons and G.L. approved organizers of L.Ls. and D.Ls., and all people employed by L.Ls. and D.Ls. on or after December 31, 1960, in a full-time capacity as elected president, secretary, dispatcher or organizer or like office or position as determined by the trustees. SEC. 2. This Pension Plan shall be continued and administered under a Trust Agreement and Plan. The Plan shall be known as the International Association of Machinists and Aerospace Workers Pension Plan. The Plan shall at all times be qualified plan for IRS purposes and shall be administered in conformity with ERISA and other applicable laws. SEC. 3. The Plan shall be administered by the trustees, consisting of the E.C., all of whom shall serve without compensation, but who may, whenever necessary in their opinion, retain legal and/or actuarial counsel. The trustees shall have the authority to do all things necessary for the proper administration of the Plan, in conformity with the Trust Agreement and applicable law.
58
ARTICLE XIV
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
SEC. 4. The Pension Plan established by this Art. shall be funded by such periodic contributions as the E.C. deems appropriate. All funds contributed herein shall be placed in a separate trust fund to be administered by the trustees. The required contribution to the pension fund by the L.Ls. or D.Ls. will be collected by the G.S.T. in the form of a deduction from the amount of the G.L.s monthly contribution toward the salary of all approved business representatives, general chairpersons and organizers. Where the G.L. does not make a monthly contribution to the salary of the positions covered by this pension fund, each L.L. and D.L. shall contribute the required monthly amount. The G.S.T. shall collect such contributions. Contributions shall be paid on a monthly basis to the G.S.T. SEC. 5. The Pension Plan may be amended by the trustees only as needed to comply with the provisions of ERISA, the Internal Revenue Code, and applicable Canadian law, in consultation with the Pension Review Committee, and subject to the approval of the E.C.
59
1 2 3 4 5 6 7 8 9 10
SEC. 1. Effective April 1, 1961, good standing members of the I.A.M. shall cease to accumulate death benefits pursuant to provisions of the I.A.M. Constitution in effect prior to and including March 31, 1961. All death benefits which have been accumulated by good standing members on or before March 31, 1961, are frozen as of that date and no further benefits shall accrue. Death benefits are payable upon the death of an eligible member who was initiated or last reinstated prior to May 1, 1958. Computation and Schedule of Amounts
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SEC. 2. Effective January 1, 1965, the amount of the death benefit payable in behalf of eligible members shall be based upon the years of continuous good standing membership prior to April 1, 1961, exclusive of years for which retirement stamps were issued. Such death benefits will be computed in accordance with the following schedule of amounts: Years of Continuous Creditable Membership Death Before April 1, 1961 Benefit Less than 3 years None 3 years $ 50.00 5 years 75.00 7 years 100.00 9 years 125.00 11 years 150.00 13 years 175.00
60
ARTICLE XV
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
15 years 200.00 17 years 225.00 18 years 250.00 19 years 275.00 20 years 300.00 The foregoing provisions of this Sec., effective January 1, 1965, shall not change or affect in any way the method of computation by the G.L. and the amount of accumulated death benefits payable in any case where death occurred prior to January 1, 1965. The death benefit covering an eligible member shall be payable upon receipt of proof of death of the member (said proof to be furnished by the attending physician, photostatic copy of the official death certificate, or an undertakers certificate) duly attested by the signatures of the president and S.T. of the L.L. of which the deceased was last a member, on forms furnished by the G.S.T. to which the seal of the L.L. must be affixed. To Whom Paid
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
SEC. 3. Death benefits payable under the provisions of Sec. 2 of this Art. shall be paid to the next of kin of the deceased, in the following order: Wife or husband Child or children Parent or parents Brothers and sisters In the absence of next of kin, as outlined herein, the member may designate a beneficiary on a form provided for that purpose. In the event a member is not survived by any next of kin in the categories set forth above and has not designated a beneficiary on a form provided for that purpose, or in the event the member is survived by more than 1 next of kin in the applicable category,
ARTICLE XV
61
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
the G.L., at its option, may pay the death benefit to the deceased members estate, and in the case of the member being survived by more than 1 next of kin in the applicable category, such payment shall be made on behalf of all next of kin in the applicable category. The payment of any death benefit to a next of kin or the deceased members estate shall fully release the G.L. of its obligations hereunder. When the burial of a deceased member is not arranged by the members relatives or friends, the members L.L., or any other L.L. in the locality, may arrange for the funeral and interment and be reimbursed therefore by the G.L. from such members accumulated death benefit. Any surplus remaining in a members account after payment of funeral expenses shall be held by the G.L. subject to proper claim therefore.
ARTICLE XVI
1 2 3 4 5 6 7 8 9 10 11 12 13
SEC. l. In an extreme emergency, such as a reduction in wages, or an increase in the hours of labor, where delay would seriously jeopardize the welfare of members involved, the I.P. may authorize a strike pending the submission to and securing the approval of the E.C. In all other cases, the grievances must be submitted to the E.C. and its approval obtained before any strike may be declared by any L.L. or the members thereof. Any L.L. or members thereof failing to comply with the provisions of this Art. shall forfeit all rights to strike benefits or other financial aid from the G.L. during the unapproved period of the controversy. Method of Declaring Strike
14 15 16 17 18 19 20 21 22 23 24
SEC. 2. Whenever a controversy arises over conditions of employment between members and their employers, the L.L. having the greatest number of members involved shall call a meeting of all members directly affected to decide by secret ballot upon a course of action. A majority of those present and voting on the question shall decide. If a strike vote is to be taken, such vote shall be by secret ballot. In order to declare a strike, such vote must carry by a two-thirds majority of those present and qualified to vote.
ARTICLE XVI
63
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
Where groups of shops are classified under the jurisdiction of 1 L.L., and when demands for the establishment and maintenance of uniform conditions in such classified groups of shops have been formulated and adopted by constitutional action of the L.L., then all the qualified members of the L.L. employed in such a classified group of shops shall be entitled to vote on strike action affecting any particular shop in that classified group. The decision of the L.L. or L.Ls. shall be transmitted to the employer or employers by the authorized representatives of the members involved. If the members involved are unable to reach an agreement, the R.S. shall prepare a full statement and history of the matters in controversy and forward the same to the I.P., who shall thereupon in person or by deputy visit the L.L. where the controversy exists and, with a member of the L.L. whose members are involved, investigate the controversy and if possible effect a settlement. No strike shall be declared by any L.L. or the members thereof without first obtaining the consent of the I.P. or the E.C. Should any L.L. fail to receive the sanction of the E.C., it shall hold a meeting and declare the grievance at an end. Continuing such grievance after failure to secure the sanction of the E.C. shall be considered sufficient cause for the suspension of any L.L. and the members thereof from all rights and privileges, at the option of the E.C.
64
1 2 3 4 5 6
SEC. 3. Where agreements covering members of our Association are through the D.L., all forms and reports required pursuant to this Art. may be signed by the officers of the D.L. involved, in order to expedite the handling and processing of the necessary forms and reports by the E.C. and I.P. Declaring Off a Strike
7 8 9 10 11 12 13 14 15 16 17 18
SEC. 4. A proposal to settle or declare off an existing strike must be presented at a regular or called meeting of a L.L., or a meeting of the members affected (as the case may be), and decided by majority vote, by secret ballot, of the members involved. Whenever the E.C. decides that it is unwise to continue an existing strike, it may order all members who have ceased work in connection therewith to resume work, and thereupon and thereafter all strike benefits shall cease, except that the I.P., with the consent of the E.C., may continue the relief in special deserving cases. Handling Unfair Work
19 20 21 22 23 24 25 26
SEC. 5. Whenever work performed by members engaged in an authorized strike is transferred by the struck employer to another facility or employer, members employed in such other facility or place of employment may be ordered by the L.L. or by the D.L. to cease performing such work or cease working at such places of employment, subject to applicable law. All such orders are subject to approval by
ARTICLE XVI
65
1 2 3 4 5 6 7
the E.C. before members complying therewith are entitled to strike benefits. In the event the members refuse to cease work as herein described, the I.P., with the approval of the E.C., may order said members to cease work until the dispute is satisfactorily adjusted, or until ordered to return to work by the E.C. Strike Fund Strike Benefits
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
SEC. 6. Effective January 1, 2001, and each January 1 thereafter, 10% of each months per capita tax transmitted to G.L. shall be allocated to the Strike Fund. This fund shall not be used for any other purpose except as specified herein. Benefits shall be paid from this strike fund in accordance with the following provisions: When $5,000,000 has accumulated in the strike fund, members who have continuous good standing for at least 3 months and who have ceased work on account of a grievance approved by the E.C., shall receive benefits from the fund. Beginning on January 1, 2005, strike benefits shall be in the amount of $150.00 per week. Whenever the balance in the Strike Fund exceeds $150,000,000, strike benefits shall increase to $175 per week. Whenever the balance in the Strike Fund exceeds $175,000,000, strike benefits shall increase to $200 per week. Thereafter, each increase of $25,000,000 in the Strike Fund balance shall increase strike benefits by $25.00 per week in the manner described above. Any decrease in the Strike Fund balance shall result in a decrease in benefits to the previous level, but not below $150.00 per week. All the remaining terms of Article XVI, Section 6 remain in effect.
66
ARTICLE XVI
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
No benefits shall be paid unless the strike extends over a period of more than 2 weeks. Thereafter, benefit payments shall accrue commencing with the 3rd week. Strike benefits shall continue to be paid through the last day of the week in which the strike terminates. Members on strike, but not at the time entitled to benefits because of lacking the 3 months membership required herein, shall be entitled to receive benefits as soon as they have been in good standing for 3 months. Notwithstanding this provision, new members or individuals who were members at the time of layoff and reinstated upon recall may begin receiving benefits in accordance with the provisions of this Sec. Payment of benefits from this strike fund shall be discontinued whenever the balance in the fund is reduced to a level of $1,000,000, based on checks issued and/or to be issued, in which event the E.C. shall authorize the payment of strike donations out of the General Fund in accordance with the organizations laws and policies and as provided for in Sec. 4, Art. V, of this Constitution. Strike benefit payments shall not be resumed from the strike fund until it again accumulates $5,000,000. Whenever strike sanction is granted, the L.L. and/or D.L. will be notified of the number of members eligible to receive benefits and the amount of weekly benefits that will be paid. As the occasion requires, the G.S.T. will advise the L.Ls. and D.Ls. of the financial condition of the strike fund and, whenever possible, shall project the probable strike benefit amount to be paid at least 4 weeks in advance.
67
1 2 3 4 5 6 7
SEC. 7. The investment income from the strike fund shall be used for the operation of the William W. Winpisinger Education and Technology Center. Only the amount necessary for the actual operation of the education center will be used. All other investment income from the strike fund will revert to the strike fund. Organizing Fund
8 9 10 11 12 13 14 15
SEC. 8. Effective January 1, 2005, the I.P., with the approval of the E.C., shall have the authority to make a one-time $30,000,000 withdrawal from the Strike Fund for the purpose of establishing an Organizing Fund. All investment income from this Fund shall be dedicated to organizing activities and expenditures from this Fund will be at the discretion of the I.P. and the E.C. Method of Payment
16 17 18 19 20 21 22 23 24 25 26 27 28
SEC. 9. The E.C. shall have the authority to authorize the payment of benefits from the strike fund to members who are out of work as a result of a strike which has been properly declared pursuant to this Art. in another bargaining unit of I.A.M. members. The E.C. may also authorize payment of strike benefits in any case where it determines that such payment is in the best interest of the I.A.M. Whenever a strike has been ordered or approved by the G.L., each member eligible to receive benefits shall sign the strike record weekly, or indicate his/her presence weekly, using automated methods that have been approved by the E.C. From the
68
ARTICLE XVI
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
names appearing on the strike record the secretary of the L.L. shall make up a roll showing the names of the members on strike. After the roll has been approved by the signatures of the president, S.T., and R.S. of the L.L., it shall be forwarded to the G.S.T., who, after examination, shall return the same, together with a check or checks, as the case may be, of the G.L. covering the amount of any benefits paid, which check or checks shall be drawn payable to the individual member properly entitled to such benefits, or at the option of the G.S.T.s office, a blanket check made payable to the president, S.T., and R.S. of the L.L. Each member receiving a benefit from the G.L. must receipt for same upon the duplicate roll provided, or by automated methods that have been approved by the E.C., after which the secretary shall return 1 copy of said roll to the G.S.T. for the files of the G.L., and place 1 copy in the L.L. files. Except in cases where the distance and time required for the transportation of the mail makes the rule impracticable, the G.S.T. shall not forward a check covering subsequent benefits before the receipted roll for the previous week has been received by him/her. Where circumstances may require, a L.L. will have the option to pay strike benefits at satellite strike headquarters, with the approval of the I.P. No claim for any benefits under the provisions of this Sec. shall be considered or allowed unless presented to the G.S.T. within 30 days from the date on which said benefits were due. No benefits shall be paid to members who fail to meet the requirements for the receipt of strike benefits.
69
1 SEC. 10. Whenever a member claiming strike 2 benefits is in arrears for dues or assessments, the 3 L.L. shall deduct from such benefits an amount 4 sufficient to pay all such arrearages.
Strike Stamps
5 6 7 8 9 10 11 12 13
SEC. 11. Members who have ceased work on account of a grievance approved by the E.C. are entitled to receive strike stamps free of cost, covering the period during which they are without employment, upon complying with the provisions of Sec. 3, Art. G, and conforming to such other requirements as may be instituted for the good and welfare of those involved by the L.L. of which they are members.
70 ARTICLE XVII
ARTICLE XVII
1 SEC. 1. An officer or representative of the G.L. 2 may receive the application for affiliation with the 3 G.L. of anyone employed at the trade in a locality 4 where there is no L.L.
Obligation, Fees and Dues
5 6 7 8 9 10 11 12 13
SEC. 2. The applicant shall be obligated by the officer or G.L. representative who receives the application, and the application, together with an initiation or reinstatement fee as determined by the E.C., shall be forwarded to the G.S.T., who shall enter the applicants name upon the record of individual affiliations of the G.L. and issue a dues book or dues card to the member. All such members shall pay monthly dues as determined by the E.C. Transfers
14 SEC. 3. Such member may transfer to the nearest 15 L.L. in accordance with the provisions of Sec. 2, 16 Art. K. The L.L. receiving such member shall 17 notify the G.S.T., who shall record the transfer.
Member Appointed Superintendent or General Foreman
18 SEC. 4. A member who has been appointed a 19 general foreman or a superintendent, or who obtains 20 employment outside the trade or industry, may 21 affiliate directly with the G.L.
71
1 SEC. 5. All provisions of this Constitution shall, 2 insofar as they are applicable, apply to and be bind3 ing upon all such affiliated members.
72
1 2 3 4 5 6 7 8 9 10
SEC. 1. Whenever in this Constitution reference is made to the referendum, it is intended thereby to refer to the practice of submitting matters to a vote of the membership at large through the respective L.Ls. in good standing with the I.A.M. No referendum dealing with proposed amendments to the Constitution shall be issued during a convention year, during which period all proposed changes in the laws will be handled in accordance with Sec. 3, Art. XIX. How Invoked
11 12 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 2. Any member or members shall have the privilege of proposing amendments to this Constitution, submitting any grievances that may arise, and proposing appeals from the decisions of the E.C., by submitting same to the G.S.T. after having first received endorsements thereto under the seal of not less than 10% of all L.Ls. in good standing, not more than 10 of which are located in any 1 state, province or territory. In order to enable the G.S.T. to comply with the law, a period of 45 days from date of issue of the proposed amendments shall be allowed to secure endorsements. All endorsements received after that period will be discarded.
73
1 2 3 4 5 6 7 8 9 10 11 12
SEC. 3. Proposed amendments to this Constitution shall be in such form as to state the substance rather than the exact language of the proposed addition, cancellation or change, that is, the purpose to be accomplished rather than the wording or the designation of certain articles or sections, and the G.S.T. shall submit the same as provided in the next succeeding Sec. with a clause attached thereto authorizing the necessary changes in this Constitution. (The word amendment wherever used in this Constitution, shall apply to any and all portions and sections of this Constitution.) Amendment Ballot
13 14 15 16 17 18 19 20 21 22 23
SEC. 4. Upon receipt of any such amendments, grievance or appeal, together with the endorsements thereof as required under Sec. 2 of this Art., the G.S.T. shall cause the same to be printed in the form of a circular, arranged in such a manner as shall allow each subject to be decided to be voted upon separately and forwarded to the respective L.Ls. in sufficient numbers so that each member shall have a copy at the 1st meeting of the L.L. held in January each year following the receipt of the same, except in years when G.L. conventions are held. Publication of Proposed Amendments
24 SEC. 5. Proposed amendments to this Constitu25 tion must be published in an edition of THE JOUR26 NAL prior to submission through the referendum as 27 provided in Sec. 4 hereof.
74
1 2 3 4 5 6 7 8 9 10 11 12
SEC. 6. Whenever a referendum is called by the G.S.T., each L.L. shall notify its members of the vote being called, and no ballot shall be accepted unless deposited between January 1 and 31 each year, according to the call. Within 120 hours after the casting of the ballots the result of the vote shall be forwarded to the G.S.T. on an official tally sheet, accompanied by all of the ballots. The perforated register slip containing the name, address, card number and L.L. number of the voter shall be retained by the L.L. for 1 year after the date of balloting on referendum propositions. Publication of Votes and Amendments
13 14 15 16 17 18 19 20
SEC. 7. The G.S.T., upon receipt of the vote upon any proposed amendment, shall cause a report on same to be published in the next issue of THE JOURNAL. Within 30 days the G.S.T. shall cause to be published the vote of each L.L. on any proposed amendment. All amendments so adopted shall be published in THE JOURNAL until this Constitution is revised and reprinted. Special Meeting of Committee on Law
21 22 23 24 25 26
SEC. 8. When considered necessary, the E.C. may call a meeting of the Committee on Law during March for the purpose of incorporation into this Constitution such changes as have been made therein by the adoption of amendments through the referendum.
75
1 2 3 4 5 6 7 8 9
SEC. 9. Amendments so adopted shall become operative and in force upon the 1st day of the quarter succeeding the publication of the vote, and no amendments shall be submitted which provide that the same shall be immediately effective and in force. There shall not be initiated a proposal for revision or cancellation of an adopted amendment to this Constitution until after such adopted amendment has been in effect for 1 year. Resubmission
10 11 12 13 14
SEC. 10. Amendments which fail to receive the majority of votes shall not again be submitted through the referendum until 12 months have elapsed and then only after again complying with the provisions of this Art.
76 ARTICLE XIX
ARTICLE XIX
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
SEC. 1. One hundred fifty days before the convening of any convention of the G.L., the G.S.T. shall notify all L.Ls. to elect a committee on the revision of this Constitution. All proposed amendments to this Constitution that come before any L.L. shall be referred to this committee for consideration and recommendation, and upon the approval of any such proposed amendment by the L.L., the committee on revision of this Constitution shall forward the same to the G.S.T. at least 90 days prior to the convening of the convention. All such proposed amendments shall be compiled, printed in the form of a circular, and mailed by him/her to each L.L. 30 days before the convening of the convention. Proposed amendments to this Constitution, which are received at G.L. headquarters too late to be included in the printed circular, shall not be referred to the Committee on Law or dealt with by the convention. Meeting and Report of Committee on Law and Submission of Proposed Amendments to the Convention
20 21 22 23 24
SEC. 2. The Committee on Law shall meet at the place where the convention is to be held at least 7 days prior to convening for the purpose of considering all amendents proposed by L.Ls. under the provisions of Sec. 1 of this Art. The findings and
ARTICLE XIX
77
1 2 3 4
recommendations of the Committee on Law shall be reported to the convention as soon as practicable, after the convening thereof, for acceptance or rejection by the accredited delegates in attendance. Acceptance or Rejection of Proposed Amendments
5 6 7 8 9 10 11 12 13
SEC. 3. After the Committee on Law reports to the convention their findings and recommendations on the proposed amendments, the accredited delegates in attendance shall vote whether to accept or reject each proposed amendment. The decision of the accredited delegates in attendance shall be final and the amendments adopted by them shall become effective and in force upon the 1st day of January following adjournment of the convention. Compiling of Constitution
14 15 16 17 18 19 20 21 22 23 24 25
SEC. 4. Immediately following the adjournment of the convention, the Committee on Law shall reconvene at a location determined by the I.P. for the purpose of incorporating into the Constitution all changes adopted by the accredited delegates in attendance at the convention and to revise and correct all such parts of the law as are affected by such changes in order that conflict as between law and law may be eliminated. The E.C. and the Committee on Law are also authorized to revise any provisions of this Constitution which may be in conflict with applicable civil law. Compensation of Committee on Law
26 SEC. 5. The members of the Committee on Law 27 shall receive the sum of $50.00 per day when en28 gaged in the performance of their duties.
78 ARTICLE XX
ARTICLE XX
1 SEC. 1. All authority and power not specifically 2 delegated to the officers in this Constitution is re3 served to the membership.
79
1 2 3 4 5 6 7 8 9 10 11 12 13
SEC. 1. Councils or conferences may be established and chartered by the G.L. in states, territories or provinces for the purpose of promoting cooperation and concerted action in the fields of education, legislation and public relations, human rights and health and safety, provided, however, that these councils or conferences shall not infringe upon the jurisdiction of L.Ls., D.Ls., or G.L., and shall operate within the provisions of this Constitution. All L.Ls. established for 1 or more years shall maintain membership in the appropriate state council unless granted dispensation by the I.P. in special cases. Bylaws
14 15 16 17 18
SEC. 2. State councils or conferences must adopt bylaws governing their activities and functions. Such bylaws must be consistent with all of the provisions of this Constitution and must be approved by the I.P. before becoming effective. Government
SEC. 3. State councils or conferences, and the 19 20 officers thereof, are subject to the same laws that 21 govern L.Ls. and/or D.Ls. and the officers thereof.
80 Audits
ARTICLE XXI
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
SEC. 4. Each council and conference which meets regularly at least semiannually shall semiannually make, and submit to the G.S.T., a copy of an audit of its financial accounts. Those which meet regularly less frequently shall take such action annually. Councils or conferences may at their discretion employ a certified public accountant to audit or assist the auditing committee in auditing the books. However, no such accountant shall be permitted to develop bookkeeping procedures in the council or conference contrary to provisions of this Constitution or policies established by G.L. for handling this work. Any officer, employee, or representative of a council or conference who handles funds and property of any such body shall be bonded in such amount as may be required by the G.S.T. in compliance with applicable law in accordance with the procedure hereinbefore prescribed in Sec. 6, Art. VII, covering the bonding of L.L. and D.L. officers, representatives and employees.
81
1 SEC. 1. A D.L. is a delegate body made up of 2 representatives duly elected from the L.Ls. within 3 the railroad or air transport system, industry, or 4 locality in which the D.L. is established.
Purpose
5 6 7 8 9 10 11 12
SEC. 2. D.Ls. shall be established and chartered by the G.L. upon railroads and airlines, in industries where mutual shop interests require it, and in localities where 2 or more L.Ls. exist, provided the total membership is sufficient to meet all the requirements of this Art., for the purpose of securing mutual protection, harmonious action, and close cooperation in all matters relating to the trade. Jurisdiction
SEC. 3. The jurisdiction of all D.Ls. shall be 13 14 determined and defined by the E.C. 15 Each L.L. within such jurisdiction shall become 16 affiliated with the D.L. unless specially exempted by 17 said D.L. upon the approval of the E.C. Authority SEC. 4. D.Ls. shall have authority over and 18 19 control of all L.Ls. within their jurisdiction, subject 20 to the approval, however, of the G.L. Effective 21 January 1, 2006, all dues and assessments of the
82
ARTICLE XXII
1 2 3 4 5 6 7 8 9 10 11 12 13 14
affiliated L.Ls. shall be remitted monthly to the D.L. S.T. in a manner, and on forms, determined by the D.L. S.T. The D.L. shall remit to the G.L. the Monthly Membership and Per Capita Tax Report for each affiliated L.L. The D.L. shall remit to the L.L. the balance equal to the L.L. dues minus G.L. and D.L. per capita taxes and required affiliation fees. A detailed explanation shall accompany the remittance. The bylaws of the D.Ls., and the proposed amendments thereto, shall be submitted to the I.P. for his/her examination, correction, and approval before final adoption. The provisions of this Constitution shall, insofar as they are practical and adaptable, apply to and control all D.Ls. Minimum Wage Scales
15 16 17 18 19 20 21 22 23 24
SEC. 5. D.Ls. shall establish a minimum scale of wages in their respective localities for members employed as machinery erectors, and no member of any L.L. shall accept work as a machinery erector under the minimum wage established for the locality where employed. D.Ls. may also establish minimum wage rates in their respective localities wherever they are in a position to enforce such rates, subject to the approval of the E.C. Qualifications for Office
25 26 27 28 29
SEC. 6. Any member in good standing who is not barred from holding union office by applicable civil law, or ineligible therefore under applicable provisions of this Constitution, is qualified for election as a D.L. officer provided that such member has
ARTICLE XXII
83
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
1 year continuous membership and shall be working at the trade as defined in Sec. 4, Art. II, for 6 months immediately prior to nomination and also meets the requirements of the D.L. bylaws. D.Ls. may, through their bylaws, provided approval has been granted by the I.P., require a member to attend up to 50% of the regular lodge meetings held during the 12-month period ending the date of close of nominations in order to qualify as an officer or delegate. Members who are confined because of verified illness, or on vacation, or on official I.A.M. business approved by the L.L., D.L. or G.L., or working for an employer on regular or travel assignment, or reserved military leave, at the time the L.L. meeting is held, shall be excused from attending L.L. meetings. Officers and editors of D.L. publications shall qualify, therefore, in accordance with Sec. 5, Art. I. Nominations and Elections of District Lodge Officers and Executive Board Members
19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 7. All officers of D.Ls. shall be nominated and elected not less often than once every 4 years. Elections shall be conducted either (1) by secret ballot vote of the members within the jurisdiction of the D.L. and in good standing in L.Ls. affiliated with the D.L., or (2) by vote of the delegates to a D.L. if such delegates have been elected by secret ballot vote of the members within the jurisdiction of the D.L. and in the affiliated L.Ls. represented by said delegates. If such elections are held by secret ballot vote of the members of the L.Ls., they shall follow the procedure prescribed in the bylaws of the D.L. involved for the conduct of D.L. secret ballot elections by L.Ls.
84
ARTICLE XXII
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Officers of D.Ls. shall include any member, however designated or titled, who performs the functions customarily associated with the terms president, vice president, secretary-treasurer, and trustee. Among the duties of the president, in concurrence with the Directing Business Representative or Directing General Chairperson, shall be the responsibility to appoint a D.L. Communicator and a D.L. Educator, who shall perform the duties set forth in Art. C, Secs. 10 and 11 respectively. Subject to qualifications and eligibility requirements required by applicable civil law or specified in this Constitution and to such other requirements as may be set forth in the bylaws of the D.L., which have been approved by the I.P., every member in good standing shall be eligible for nomination and election to D.L. office and to participate in nominations and elections of such officers. The R.S. of the D.L., or such other officer as is designated in the bylaws of a D.L. for maintenance of lodge records, shall preserve for 1 year all ballots, minutes or other records pertaining to the election of its officers. Whenever a D.L. election is held either by secret ballot vote of L.L. members or by delegate voting, the D.L. may, by majority vote, decide in advance and give notice that the candidates who receive the highest vote for their respective offices or positions shall be declared elected. In all other cases, a majority of all votes cast will be required for a decision. In both cases, the president of the D.L. shall appoint 3 tellers to assist in conducting the election in a fair and impartial manner.
ARTICLE XXII
85
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Ballots cast for candidates not nominated in conformity with these provisions (write-ins) shall not be tabulated. Where elections are held by secret ballot vote of L.L. members, not less than 60 days prior to the time when the elections are to be held, notice of the time and place, of both the nominations and election, together with an application for an absentee ballot, shall by letter or by authorized publication or by other dependable regularly used means of communication, be mailed to each member eligible to vote at his/her last known home address. The notice must specify who is entitled to receive an absentee ballot. The requirement to send such notices by mail does not apply to D.Ls. in Canada. Absentee ballots shall be issued and voted in accordance with the provisions set forth in Sec. 3, Art. II, in compliance with the following provisions: (1) the written request for an absentee ballot must be received by the R.S. not later than 30 days before the election; (2) the request must contain the members full, current address; (3) if the records of the L.L. indicate that the applicant is eligible to vote in the election, the R.S. or S.T. shall, within 5 days of the close of nominations, mail the absentee ballot; (4) if, in the judgment of the R.S. or S.T., the member is not entitled to vote by absentee ballot, the member will be so notified, in writing, within 10 days of the receipt of the request for an absentee ballot. Vacancies occurring in D.L. office because of death, resignation, or incapacity or other cause shall be filled for the unexpired term in such form or manner as is prescribed by the D.L. and set forth in its bylaws after approval of the I.P.
86
ARTICLE XXII
1 2 3 4 5
The preceding provisions of this Sec. apply, as well, to any member, however designated or titled, who is authorized to perform any executive function of the D.L. and shall include members of the D.L. executive board or similar governing body. Duties of Secretary-Treasurer
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 8. The S.T. shall perform the following duties: He/She shall receive and deposit all funds of the D.L. in a bank of sound financial standing in the name of the D.L. and pay all properly drawn orders by check, which checks shall be countersigned by the president of the D.L. The S.T. shall collect all per capita taxes, fines, assessments and all monies from any source for the benefit of the D.L.; keep a systematic account of all disbursements in such a way as to show the balance of cash on hand at the close of each meeting of the D.L.; file all receipted bills; keep a correct account between the lodge and its affiliated L.Ls. At the end of each month, the S.T. shall complete the monthly report form for each affiliated L.L., in duplicate, furnished by the G.S.T.; send the original report to the G.S.T., and remit an amount equal to the per capita tax called for by the report. The monthly report shall include a correct statement of the number of members on the books of each affiliated L.L. and shall set forth in detail all additions made and subtractions from the membership rolls, together with a list of members who have been expelled and individuals whose applications have been rejected, with the reason therefore.
ARTICLE XXII
87
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
A D.L. may computerize the financial record keeping functions, provided the L.L. owns or leases its equipment. Before eliminating a manual system, the office of the G.S.T. and the financial officer of the L.L. must meet to determine that the anticipated system will produce the necessary reports for the I.A.M. audits and any required government reports. In reporting people whose membership is cancelled on the rolls, the report shall show whether there are any unpaid fines or D.L. assessments charged against the persons account. Unless the report states otherwise, the cause for such cancellation of membership shall be considered to be the nonpayment of dues and they may be again reinstated as provided for in Sec. 15, Art. I. The S.T. shall receive from the G.S.T. dues stamps in proportion to the per capita tax paid upon each monthly report. Monies collected by S.Ts. on behalf of the G.L., as indicated on monthly reports, shall be used for no other purpose and must accompany the report. S.Ts. receiving dues from members working under the jurisdiction of another L.L. shall immediately notify the secretary of the L.L. under whose jurisdiction the member is working, with full particulars as to name, card number, etc. The S.T., effective January 1, 1961, and currently each month thereafter, shall remit to the G.S.T. the pension contributions as may be required by Art. XIV.
88
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
SEC. 9. Each D.L. shall determine the proportion and method of representation therein of L.Ls. within its jurisdiction, and the revenues to be collected from said L.Ls. to maintain and carry on the work of the D.L. All such revenues shall be collected by the S.Ts. of the L.Ls. and forwarded to the D.L. officers authorized to receive the same. Bonds shall be obtained by D.Ls. in compliance with the requirements of Sec. 6, Art. VII. The minimum per capita tax to D.Ls. shall be an amount equal to 40% of the per capita tax paid to the G.L. rounded to the nearest 5. D.Ls. which are over the minimum D.L. per capita tax as computed above, automatically will be entitled to receive on January 1 of each year an increase equal to the amount by which the minimum D.L. per capita tax increases under the above-mentioned formula. D.Ls. collecting revenue or receiving financial assistance shall render semiannual statements of receipts and disbursements to each L.L. within its jurisdiction and at the close of each 6 months period shall forward to the I.P. a complete report on forms provided for that purpose. D.Ls., effective January 1, 1961, and currently each month thereafter, shall remit to the G.S.T. the pension contributions as may be required by Art. XIV.
89
1 2 3 4 5 6 7 8 9 10
SEC. 10. Each D.L. shall semiannually make, and submit to the G.S.T., G.V.P., and each affiliated L.L., on forms furnished by G.L., a copy of an audit of its financial accounts. D.Ls. may employ a bonded certified public accountant to audit or assist the auditing committee in preparing the audit. However, no such accountant shall be permitted to develop bookkeeping procedures in the lodges contrary to provisions of this Constitution or policies established by G.L. for handling this work. District Lodge Assessments
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
SEC. 11. In case of emergency, D.Ls. may levy assessments upon members of affiliated L.Ls. within their respective jurisdiction. Assessments shall not be levied, however, until the same are approved by a two-thirds vote of all members in the D.L. in attendance and voting by secret ballot at a summoned meeting of their respective L.Ls. affiliated with the D.L., of which meeting notice has been served to members in writing, by mail or otherwise, at least 7 days before the meeting. In case the vote for assessment is carried by a twothirds vote and date set for collection, the same shall thereupon become a lawful charge and all members of L.Ls. affiliated with the D.L. are liable for the assessments, and the same shall be collected as provided in Sec. 1, Art. F. Suitable plans should be arranged by the D.L., whereby the L.Ls. and members are provided with proper receipts for assessments paid.
90
ARTICLE XXII
1 2 3 4 5
Initiation fees, reinstatement fees, dues and fines shall constitute a legal liability by a member to the D.L. Cost of litigation arising from charges against a member by reason of these liabilities shall constitute a legal debt payable by such member. Management, Investment and Disbursement of District Lodge Funds or Property
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 12. The funds, property or assets of D.Ls. shall not be loaned or appropriated for any other than the legitimate purposes of the I.A.M. Expenditures or contemplated expenditures in violation of this Sec. shall be cause for any action deemed necessary by a G.L. officer to fully protect such funds, property or assets of the D.L. D.L. funds shall be invested in such securities or other investments deemed to be in the best interests of the I.A.M. in which a prudent person or a person acting in a fiduciary capacity would invest under the circumstances. Such investments may include United States Government bonds or notes, state and municipal bonds supported by the general income of the state or municipality, Canadian Government bonds, Certificates of Deposit insured by the Federal Deposit Insurance Corporation, corporate stocks, bonds and securities listed on the principal stock exchanges.
91
1 2 3 4 5 6 7 8 9 10
SEC. 13. In the case of any collective bargaining agreement between a D.L. and an employer, the D.L. shall insure that a copy of any such agreement is forwarded to each constituent L.L. which has members directly affected by such agreement, and shall also cause to be maintained at the D.L. headquarters copies of any agreements made by it or received from G.L., available for inspection upon request by any member or employee whose rights are affected thereunder. Execution and Filing of Financial and Other Reports Required by Civil Law
11 12 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 14. The president, R.S., and S.T. of each D.L. shall execute and cause to be filed all financial and other reports on behalf of the D.L. and affiliated L.Ls. which may be required by applicable civil law to be prepared and signed by presidents, secretaries and/or S.Ts. of such labor organizations. Such D.L. officers shall also make available the information contained in such reports to the membership of the L.Ls. affiliated with such D.L. in such form and manner as shall constitute compliance with legal requirements. The R.S. and the S.T. shall also maintain records on the matters required to be contained in said reports in such detail and for the periods required by applicable law.
92
1 2 3 4 5 6 7 8 9 10 11
1. On motion, the regular order of business may be suspended by a two-thirds vote of the meeting at any time to dispose of anything urgent. 2. All motions (if requested by the chair) or resignations must be submitted in writing. 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. 4. Sectarian discussion shall not be permitted in the meeting under any circumstances. Motion
12 13 14 15 16 17 18 19 20 21 22 23 24
5. 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. 6. Any member having made a motion can withdraw it by consent of his/her second; but a motion once debated cannot be withdrawn except by a majority vote. 7. A motion to amend an amendment shall be in order, but no motion to amend an amendment to an amendment shall be permitted. 8. A motion shall not be subject to debate until it has been stated by the chair.
93
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
9. When a member wishes to speak he/she shall rise and respectfully address the chair and, if recognized by the chair, he/she shall be entitled to proceed. 10. If 2 or more members rise to speak at the same time, the chair shall decide who is entitled to the floor. 11. Each member when speaking shall confine himself/herself to the question under debate, and avoid all personal, indecorous or sarcastic language. 12. No member shall interrupt another while speaking except to a point of order, and he/she shall definitely state the point and the chair shall decide the same without debate. 13. If a member, while speaking, is called to order, he/she shall take his/her seat until the point of order is decided, when, if declared in order, he/she may proceed. 14. If any member shall feel personally aggrieved by a decision of the chair, he/she may appeal to the body from the decision. 15. When an appeal is made from the decision of the chair, the vice president shall then act as chairperson; said appeal shall then be stated by the chairperson to the meeting in these words: Shall the decision of the chair be sustained as the decision of this lodge? The member then will have the right to state the grounds of appeal, and the chair will give reasons for his/her decision; thereupon the members will proceed to vote on the appeal without further debate, and it shall require a majority to sustain an appeal.
94
RULES OF ORDER
1 2 3 4 5 6 7 8 9 10 11 12 13
16. 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 5 minutes at any one time without consent of a two-thirds vote of all members present. 17. The presiding officer shall not speak on any subject unless he/she retires from the chair, except on points of order, and in case of a tie he/she shall have the deciding vote. Should the presiding officer retire from the chair to speak on any subject before the lodge, he/she shall not return to the chair until that subject matter is properly disposed of. Privilege Questions
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
18. 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 commit (6) To amend and these motions shall have precedence in the order herein arranged. The first 3 of these motions are not debatable. 19. If a question has been amended, the question on the amendment has been amended, the question on the amendment has been offered, the question shall then be put as follows: (1) Amendment to the amendment (2) Amendment (3) Original proposition 20. When a question is postponed indefinitely, it shall not come up again except by a two-thirds vote.
RULES OF ORDER
95
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
21. A motion to adjourn shall always be in order except: (1) When a member has the floor (2) When members are voting 22. Before putting a question to vote the presiding officer shall ask: Are you ready for the question? Then it shall be open for debate. If no member rises to speak, the presiding officer shall then put the question in this form: All in favor of this motion say aye, and after the affirmative vote is expressed: Those of the contrary opinion say no. After the vote is taken he/she shall announce the result in this manner: It seems to be carried (or lost); it is carried (or lost), and so ordered. 23. Before the presiding officer declares the vote on a question, any member may ask for a division of the house. Then the chair is duty bound to comply with the request, a standing vote shall then be taken, and the secretary shall count the same. 24. When a question has been decided, it can be reconsidered by a majority vote of those present. 25. A motion to reconsider must be made by a member and seconded by another member, both of whom must have previously voted with the majority. 26. A member being ordered to take his/her seat 3 times by the chair, without heeding, shall be debarred from participating in any further business at that session. 27. All questions, unless otherwise provided, shall be decided in accordance with Roberts Rules of Order.
96 ARTICLE A
ARTICLE A
1 2 3 4 5
SEC. 1. A L.L. shall consist of not less than 35 people in any locality, qualified for membership and organized under a charter issued by the G.L. (This shall not apply to L.Ls. chartered prior to January 1, 1957.) Who May Obtain Charters
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
SEC. 2. In localities where there are a sufficient number of machinists, die sinkers, die or tool makers, aerospace workers, electronic workers, automobile, heavy duty or aircraft machinists and mechanics, specialists, production workers, service, transportation, office, clerical, technical, professional, machinists helpers, and other classifications of employees falling within the jurisdiction of the I.A.M. in any 1 or more divisions of the trade, separate L.Ls. may be organized for the benefit of those employed in the respective divisions. In localities where there is not a sufficient number employed in any 1 division, a mixed L.L. may be organized, with a membership employed in all divisions of the trade. Restrictions
21 22 23 24 25
SEC. 3. No L.L. charter shall be granted by the I.P. in a locality within the jurisdiction of a D.L. until such D.L. has been consulted, and in the event of failure to reach an agreement, the E.C. shall be required to render a decision as to whether such
ARTICLE A
97
1 2 3 4 5 6
charter shall be granted or not. No application for a charter shall be granted which proposes to separate any L.L. into 2 or more L.Ls. unless the application has been approved by a called meeting of the L.L. or L.Ls. in the locality mentioned in the application. Charter Requirement
7 8 9 10 11
SEC. 4. Every application for a charter for the organization of a L.L. must be signed by a least 35 applicants who possess the qualifications for membership and are working in a locality where there are a sufficient number employed to maintain a L.L. Fees
12 13 14 15 16 17 18 19 20
SEC. 5. A fee of not less than $10.00 shall be charged to each applicant. A charter fee of not less than $35.00, payable to the G.L., shall accompany every application for a charter. The G.L. is entitled to and shall receive the sum of $10.00 from each applicant after the first 100 charter members are enrolled. Charters may be closed at any time within 30 days, but in no case shall charter members be enrolled after that period. Fee for Lapsed or Expelled Members
21 22 23 24 25 26 27 28
SEC. 6. Whenever people whose membership in the I.A.M. has been cancelled apply for charter membership in a L.L. in process of organization, it shall be the duty of the G.L.R. to collect the required fees from such people and forward same, together with their applications, to the G.S.T., who, upon ascertaining that there are no unpaid fines or assessments against them, shall prepare their dues
98
ARTICLE A
1 books or dues cards and credit the amount paid into 2 the G.L.
Form of Application
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 7. Every application for a charter for the organization of a L.L. shall contain the following information: the number of machinists, automobile, heavy duty or aircraft machinists and mechanics, specialists, machinists helpers, apprentices, production workers, and other classifications of employees falling within the jurisdiction of the I.A.M. employed in the locality; the name of each applicant who is a member of any L.L., together with his/her card number and the number of the L.L. to which he/she belongs; the name of each applicant whose membership has been previously cancelled, together with the number of the L.L. of which he/she was last a member; the petition and pledge of the applicants in language as follows: The undersigned residents of (place) , (State) , believing the International Association of Machinists and Aerospace Workers to be well calculated to improve our intellectual and social conditions and promote our economic wellbeing and advancement, respectfully petition the International Association of Machinists and Aerospace Workers to grant us a charter to open a new lodge, to be located in the City (or Town) of , County of , State of . We pledge ourselves individually and collectively to be governed by the Constitution, laws, rules and usages of the International Association of Machinists and Aerospace Workers. The Lodge desires to be recognized as Lodge.
99
1 2 3 4 5 6 7 8
SEC. 8. Every such application for a charter shall be forwarded to the G.S.T., who shall submit the same to the I.P. If the application is approved by the I.P., he/she shall cause the charter to be granted and designate a member as the representative of the G.L. to install the officers and instruct the members of such L.L. in the principles, usages and laws of the I.A.M. District Lodge Affiliation
100 ARTICLE B
ARTICLE B
1 SEC. l. Officers of a L.L. shall consist of a 2 president, vice president, recording secretary, 3 secretary-treasurer, conductor-sentinel, and a board 4 of trustees consisting of 3 members.
Terms of Officers and Vacancies in Office
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
SEC. 2. Officers of a newly organized L.L. shall hold office until the 1st meeting in January following their election. Thereafter, L.Ls. shall provide in their bylaws that terms of office for all officers shall be for a period of 3 years. A member elected as president of a L.L. and who concurrently holds a position as a business representative shall be elected for a term of 3 years. Any vacancy occurring in the office of president because of death, resignation, or incapacity or other cause shall be filled for the unexpired term by the vice president. All other vacancies shall be filled for the unexpired term in such form or manner as is prescribed by the L.L. and set forth in its bylaws, after approval by the I.P.
101
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
SEC. 3. Any member in good standing in a L.L. who is not barred from holding union office by applicable civil law or ineligible therefore as provided in this Sec. or elsewhere in this Constitution is qualified for election to L.L. office, provided that such member also meets the requirements of the L.L. bylaws. Except at the first regular election of officers, or as further provided hereunder, all candidates for elective office must be members of the L.L. for at least 1 year at the time of nomination, and free from delinquency of any nature to a L.L., D.L., or the G.L., and shall be working at the trade as defined in Sec. 4, Art. II, for 6 months prior thereto in order to qualify for nomination and election. In addition, all L.L. officers and editors of L.L. publications must qualify under Sec. 5, Art. I. Any member transferred as a result of action by the I.P. or E.C. in consolidation of L.Ls. or transfer of jurisdiction to another L.L., who has been a member of the I.A.M. for 1 year, shall not be required to be a member of the L.L. to which transferred for at least 1 year, as herein provided, to be eligible to hold elected office in said L.L. Any member whose dues are subject to withholding by an employer for payment to the L.L., pursuant to his/her authorization therefore as provided in a collective bargaining agreement, shall not be declared ineligible to vote or be a candidate for office in the L.L. by reason of any alleged delay or default in the payment of such withheld dues provided, however, that such member is not otherwise delinquent in payment of dues.
102
ARTICLE B
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
L.Ls. may, through their bylaws, provided approval has been granted by the I.P., require a member to attend up to 50% of the regular lodge meetings held during the 12-month period ending the date of close of nominations in order to qualify as an officer or delegate. Members who are confined because of verified illness, on vacation, on official I.A.M. business approved by the L.L., D.L., or G.L., working for an employer on regular or travel assignment, or on reserved military leave at the time the L.L. meeting is held, shall be excused from attending L.L. meetings. L.Ls. may, through their bylaws, require all officers to pay full dues, whether or not they hold a retirement or exemption card. Nomination and Election of Officers
16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 4. At its 1st meeting in November (or 1st meeting in September at the option of the L.L.) every three years, each L.L. shall nominate a president, vice president, recording secretary, secretary-treasurer, conductor-sentinel, and 3members of the board of trustees (provided such officers terms of office have expired). A member may only be nominated and run for 1 office. Not less than 60 days prior to the time when the elections specified in this Sec. are to be held, notice of the time and place, of both the nominations and election, together with an application for an absentee ballot, shall by letter or by authorized publication or by other dependable regularly used means of communication, be mailed to each member qualified to vote at his/her last known home
ARTICLE B
103
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
address. The notice must specify who is entitled to receive an absentee ballot. The requirement to send such notices by mail does not apply to L.Ls. in Canada. At its 1st meeting in December (or 1st meeting in October at the option of the L.L.) every 3 years, each L.L. shall elect the aforesaid officers by secret ballot vote of its members in good standing, following the procedure required for such voting as set forth in Art. III. No member shall be entitled to hold more than 1 office at the same time. The L.L. may by majority vote decide in advance and give notice that the candidates who receive the highest vote for their respective offices shall be declared elected. In all other cases, a majority of all votes cast shall be required for election. Absentee ballots shall be issued and voted in accordance with the provisions set forth in Sec. 3, Art. II, in compliance with the following provisions: (1) the written request for an absentee ballot must be received by the R.S. not later than 30 days before the election; (2) the request must contain the members full, current address; (3) if the records of the L.L. indicate that the applicant is eligible to vote in the election, the R.S. and S.T. shall, within 5 days of the close of nominations, mail the absentee ballot; (4) if, in the judgment of the R.S. and S.T., the member is not entitled to vote by absentee ballot, the member will be so notified, in writing, within 10 days of the receipt of the request for an absentee ballot. Ballots cast for candidates not nominated in conformity with these provisions (write-ins) shall not be tabulated.
104
ARTICLE B
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Balloting shall take place in the L.L. room where regular L.L. meetings are held, excepting in those L.Ls. where circumstances require some other arrangement, the L.L. may, through its bylaws, provide other methods, subject to the approval of the I.P. When, in the I.P.s sole judgment, extraordinary circumstances so require, the I.P. may review and modify L.L. election procedures as necessary to provide the membership of a L.L., not working in a central geographic location, the ability to participate in such election. In the conduct of all elections, the president shall, at least 60 days prior to the election, appoint at least 3 tellers to assist in conducting the election in a fair and impartial manner. Each candidate for office shall be entitled, upon written request, to appoint 1 observer who shall be permitted to be present at the polls and at the counting of the ballots. The R.S. of the L.L., or such other officer as may be designated by the L.L., shall preserve for 1 year the ballots and all other records pertaining to the election. Selection by the L.L. of optional alternative dates in this Sec. does not alter the constitutional requirement providing that the installation of L.L. officers shall take place at the 1st meeting of the L.L. in January, as required by Sec. 5 of this Art. Installations
28 29 30 31 32
SEC. 5. The installation of officers shall take place at the 1st meeting of the L.L. in January, unless otherwise approved by the I.P. The ceremony of installation shall be conducted by an officer or representative of the I.A.M.
ARTICLE C ARTICLE C
105
1 2 3 4 5 6 7 8 9 10 11
SEC. 1. The president shall preside at all meetings of the L.L.; decide all questions or disputes not controlled by laws of the I.A.M.; countersign orders and checks properly drawn on or by the S.T.; appoint committees not otherwise provided for; appoint an educator and a communicator; administer the obligation to new members; enforce the laws of the I.A.M. applicable to L.Ls. and members; and perform such other duties as may be required by this Constitution and, in case of a tie, shall cast the deciding vote. Vice President
12 13 14 15 16 17 18 19 20 21 22 23
SEC. 2. The vice president shall see that all people entering the L.L. room are members; see that all property of the L.L. has proper care and assist the president in maintaining order; preside at all meetings in the absence of the president; shall, in the absence of the president, be authorized to sign vouchers, checks, and other documents in his/her place and stead, subject to approval of the L.L.; and in case of death, removal, or resignation of the president, shall become president and serve as such until after the next regular election and installation of the successor in office.
ARTICLE C
1 2 3 4 5 6 7 8 9 10 11 12
SEC. 3. The R.S. shall conduct correspondence for, and in the name of the L.L.; present all communications and bills to the L.L.; and deliver such bills to and for the files of the S.T.; draw all orders on the S.T. when passed by the L.L. and attest the same by properly signing and attaching the seal of the L.L. thereto; prepare and sign all credentials of delegates and alternate delegates to conventions of the G.L. and forward duplicates thereof to the G.S.T.; keep minutes of the L.L. meetings; and perform such other duties as are required by this Constitution. Secretary-Treasurer
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
SEC. 4. The S.T. of L.Ls. that are not affiliated with a D.L. shall perform all of the functions hereinafter enumerated. S.Ts. of L.Ls. that are affiliated with a D.L. shall perform only those functions not performed by the D.L. S.T. The S.T. shall perform the following duties. He/She shall receive and deposit all funds of the L.L. in a bank of sound financial standing in the name of the L.L.; pay all properly drawn orders by check, which checks shall be countersigned by the president of the L.L., but shall not draw any checks in violation of Sec. 3 of this Art. The S.T. shall collect all dues, fines, assessments and all monies from any source for the benefit of the L.L.; keep a systematic account of all disbursements in such a way as to show the balance of cash on hand at the close of each meeting of the L.L.; file all receipted bills; keep a correct account between the lodge and its members;
ARTICLE C
107
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
and submit the books to the auditing committee of the L.L. semiannually (at the close of June and December). At the end of each month, the S.T. shall complete the monthly report form in duplicate, furnished by the G.S.T., send the original report to the G.S.T., and remit an amount equal to the per capita tax called for by the report. The monthly report shall include a correct statement of the number of members on the books of the L.L. and shall set forth in detail all additions made and subtractions from the membership roll, together with a list of members who have been expelled and individuals whose applications have been rejected, with the reason therefore. A L.L. may computerize the financial record keeping functions, provided the L.L. owns or leases its equipment. Before eliminating a manual system, the office of the G.S.T. and the financial officer of the L.L. must meet to determine that the anticipated system will produce the necessary reports for the I.A.M. audits and any required government reports. In reporting people whose membership is cancelled on the rolls, the report shall show whether there are any unpaid fines or D.L. assessments charged against the persons account. Unless the report states otherwise, the cause for such cancellation of membership shall be considered to be the nonpayment of dues and they may be again reinstated as provided for in Sec. 15, Art. I. The S.T. shall receive from the G.S.T. dues stamps in proportion to the per capita tax paid upon each monthly report.
108
ARTICLE C
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Monies collected by S.Ts. on behalf of the G.L., as indicated on monthly reports, shall be used for no other purpose and must accompany the report. S.Ts. receiving dues from members working under the jurisdiction of another L.L. shall immediately notify the secretary of the L.L. under whose jurisdiction the member is working, with full particulars as to name, card number, etc. The S.T., effective January 1, 1961, and currently each month thereafter, shall remit to the G.S.T. the pension contributions as may be required by Art. XIV. Transfers SEC. 5. When accepting members by transfer, the S.T. shall enter the date and particulars of such transfer in the members dues book and shall immediately execute a transfer notice on the official notification of transfer forms furnished by the G.L. and send the original copy to the S.T. affected, with a copy to the G.S.T. If a member of a machinists helpers L.L. transfers and reclassifies as an apprentice in a machinists L.L., that fact should be stated in the notice provided for in this Sec. Monthly Reports to the Grand Lodge
25 SEC. 6. Upon the receipt of reinstatement or 26 initiation fees, or dues, the S.T. shall place the 27 regular stamps received from the G.L. for that 28 purpose in the dues book of the member making the
ARTICLE C
109
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
payment, and shall cancel the stamps with the regulation canceling stamp, showing date of payment and L.L. number. The report of the S.T. shall be signed by the president of the L.L., bear the impression of the L.L. seal and shall be forwarded to the G.S.T. immediately after the close of the months business. A check to cover the monthly report of the L.L. must accompany the report. Should the report of the S.T. fail to reach the G.S.T. before the expiration of the month following the month reported, the G.S.T. shall thereupon notify the president of such L.L. of its suspension. Auditors SEC. 7. There shall be an auditing committee of 3. They shall be nominated and elected by the L.L., at the same time L.L. officer elections are held and for the same term. Officers of the L.L. are not eligible for election as members of the committee. The committee shall semiannually (at the close of June and December), proceed with the work of examining the books and accounts of the L.L. for the preceding period. They shall call on the S.T. for the duplicate financial statement, from which they shall proceed to take off a statement of the stamps used during the term they are about to examine, and tabulate the same on forms furnished by the G.S.T. The auditing committee shall render its report on a form furnished for that purpose by the G.S.T., and send a copy to the G.L. The report of the committee must be countersigned by the trustees of the L.L. Should 1 or more of the auditors fail to be in attendance, the trustees shall proceed with the work as though all of the committee were present.
110
ARTICLE C
1 2 3 4 5 6 7
A L.L. may at its discretion employ a certified public accountant to audit or assist the auditing committee in auditing the books. However, no such accountant shall be permitted to develop bookkeeping procedures in the lodge contrary to provisions of this Constitution or policies established by G.L. for handling this work. Trustees
8 9 10 11 12 13 14 15 16 17 18 19 20 21
SEC. 8. The board of trustees shall have charge of all property belonging to the L.L.; shall see that all of the books are properly kept, and at the time of the semiannual audit shall assist the auditing committee in the examination of all books and accounts and verify the report of the auditing committee by attaching their signatures thereto. Should the work of auditing the books of the L.L. be delayed on account of the failure of 1 or more of the trustees to be in attendance, the auditors shall proceed to carry on the work in the same manner as though all of the trustees were present. The trustees shall be liable to the G.L. for all funds and other property of the L.L. under their control. Conductor-Sentinel
22 23 24 25 26 27 28 29
SEC. 9. The conductor-sentinel shall examine all people present prior to the opening of all meetings of the L.L. for the purpose of ascertaining whether any are in attendance who are not entitled to remain, and shall report to the president all those present who are in arrears for dues. The conductor-sentinel shall answer all alarms at the door, report the same, and admit all who are entitled to admission.
ARTICLE C Communicator
111
1 2 3 4 5 6
SEC. 10. The L.L. president shall appoint a communicator who, in accordance with the official directives, policies, and programs of the G.L., will use the latest forms of information technology to communicate with the L.L. membership about their work and family lives. Educator
7 8 9 10 11 12 13
SEC. 11. The L.L. president shall appoint an educator to assist in carrying out the official directives, policies, and programs of the G.L., and any other education and training programs approved by the G.L. and related to educating and training the L.L. membership on all issues affecting workers and their families. Salaries
14 SEC. 12. In no case shall the salaries of L.L. 15 officers be paid by dues stamps, but all such pay16 ments shall be made by check.
Bonding
17 SEC. 13. L.Ls. shall obtain bonds in compliance 18 with the provisions of Sec. 6, Art. VII.
112
ARTICLE C
Execution and Filing of Financial and Other Reports Required by Civil Law
1 2 3 4 5 6 7 8 9 10 11 12 13 14
SEC. 14. The president, R.S. and S.T. of each L.L. shall execute and cause to be filed all financial and other reports on behalf of the L.L. which may be required by applicable civil law to be prepared and signed by presidents, secretaries, and/or S.Ts. of local unions, unless such duties are performed by the D.L. S.T. Such L.L. officers shall also make available the information contained in such reports to the membership of their L.L. in such form and manner as shall constitute compliance with legal requirements. The R.S. and S.T. shall also maintain records on the matters required to be contained in said reports in such detail and for the periods required by applicable law.
ARTICLE D ARTICLE D
113
1 2 3 4 5 6 7 8 9 10 11 12
SEC. 1. Each L.L. may adopt its own bylaws, provided that nothing is contained therein which is contrary to the provisions of this Constitution. The proposed bylaws of all L.Ls. and all amendments thereafter proposed, except as to time and place of meetings, shall be submitted to the I.P. for examination, correction, and approval before being placed into effect. The I.P., upon approving any L.L. bylaws and/or amendments thereto, shall designate the date when such L.L. bylaws and/or amendments shall take effect. Parliamentary Laws
SEC. 2. The rules of order governing parliamen13 14 tary procedure shall be printed in this Constitution, 15 and no other rules shall apply. Regular Meetings and Quorums
16 17 18 19 20 21 22
SEC. 3. L.Ls. at their option shall hold 1 regular meeting each month or 2 regular meetings each month. L.L. bylaws, properly adopted, shall specify the number of regularly scheduled meetings to be held each month. L.Ls. may, by membership action, cancel meetings in the months of July and August. The Executive Board of the L.L. shall be
114
ARTICLE D
1 2 3 4 5 6 7 8 9 10 11 12
authorized to transact any normal and necessary business during these months. L.L. members shall determine how many members constitute a quorum governed by the minimum requirements that follow: L.Ls. with less than 500 members, not less than 5 members; L.Ls. with more than 500 members but less than 1500, not less than 15 members; L.Ls. with more than 1500 members, not less than 25 members. The monthly report of the S.T. to the G.L. for the current month shall be used to set the required quorum minimum for the following month. Special Meetings
13 14 15 16 17 18 19 20 21 22 23 24
SEC. 4. Special meetings shall be called by the president upon written request of 10% of the members, and in L.Ls. having 100 members or less no special meetings shall be called upon written request of less than 10 members, regardless of the total membership. No less than 30% of the members petitioning for a special called meeting must be present before the meeting can be called to order. The call for special meetings of L.Ls. shall state the purpose of the meeting, and discussion and action at such special meetings shall be confined to the subject for which the meeting was called. Order of Business
SEC. 5. The order of business for each L.L. shall 25 26 be as follows: 27 1. Pledge to Flag.
ARTICLE D
115
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
2. Roll call of officers and noting of absentees. 3. New applications. 4. Report of committees on applications and acting on same. 5. Initiations. 6. Reading of minutes and acting on same. 7. Installation of officers. 8. Examination and introduction of visiting members. 9. Reports of S.T., including receipts and disbursements, since the close of last meeting. 10. Communications, bills, etc. 11. Reports of committees. 12. Report on organizing activities. 13. Anything for the good of the I.A.M. and discussion of subjects of an economic nature. 14. Unfinished business. 15. New business. Election of officers. 16. Reports of sick and disabled members and of relief committees. 17. Reports of members out of work and positions vacant. 18. Adjournment. Local Lodge Seal
24 25 26 27 28 29 30 31 32
SEC. 6. L.Ls. shall procure a seal from the G.S.T., which seal shall be made in accordance with the design adopted by the G.L. The L.L. seal shall be and remain in the custody of the R.S., and no paper, document, or communication issued by the L.L. shall be valid unless it bears the impression of said seal. A special seal marked S.T. may be procured from the G.S.T. for the exclusive use of the S.T. in the performance of official duties.
ARTICLE D
1 SEC. 7. Officers or members of a L.L. who use 2 the seal for any purpose without permission from the 3 L.L. shall be fined, suspended, or expelled, at the 4 option of the L.L. of which they are members.
Emergency Funds
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
SEC. 8. Each L.L. may set aside a percentage of its dues to be known as an emergency fund, which fund may be used in case of emergency. In order to adequately maintain its emergency fund, a L.L. may increase the dues rate on all members under its jurisdiction for a specified period of time, not to exceed 1 year. No increase in dues will take effect until same has been approved by a majority vote, by secret ballot, of the members of the L.L. attending a general or special membership meeting, and after reasonable notice upon the question. Every member present at such meeting shall vote unless excused by the president. No money shall be voted out of this emergency fund except by a three-fourths vote of those present and voting at a special or called meeting for this purpose. Management, Investment and Disbursement of Local Lodge Funds or Property
22 SEC. 9. The funds, property or assets of L.Ls. 23 shall not be loaned or appropriated for any other 24 than the legitimate purposes of the I.A.M. 25 Expenditures or contemplated expenditures in
ARTICLE D
117
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
violation of this Sec. shall be cause for any action deemed necessary by a G.L. officer to fully protect such funds, property or assets of the lodge. L.L. funds shall be invested in such securities or other investments deemed to be in the best interests of the I.A.M. in which a prudent person or a person acting in a fiduciary capacity would invest under the circumstances. Such investments may include United States Government bonds or notes, state and municipal bonds supported by the general income of the state or municipality, Canadian Government bonds, Certificates of Deposit insured by the Federal Deposit Insurance Corporation, corporate stocks, bonds and securities listed on the principal stock exchanges. Voluntary Donations
16 17 18 19 20 21 22 23 24
SEC. 10. No general appeal for financial aid shall be sent out by any L.L. to other L.Ls. unless the appeal has first been approved and countersigned by the I.P. All monies appropriated for financial aid by 1 L.L. to another L.L. must be sent to the G.S.T., who will acknowledge receipt of the same in the following monthly financial statement and forward the amount so paid to the L.L. for which appropriation was made. Funds and Property of Merged Lodges
25 26 27 28 29
SEC. 11. Whenever 2 or more L.Ls., with G. L. approval, merge or consolidate, the funds, charter, seal and working stock of stamps of the L.L. which is, or the L.Ls. which are, being discontinued shall be sent to G.L. and any other property and the L.L.
118
ARTICLE D
1 2 3 4 5 6 7 8
books should be turned over to the L.L. with which said L.L. or L.Ls. merge or consolidate. After the accounts of the merged L.Ls. are balanced, such assets as remain shall be returned by the G.L. to the L.L. created by such merger or consolidation. The same procedure shall apply in those cases where L.Ls. are merged by the I.P. with the approval of the E.C. for the purpose of consolidating operations. Grand Lodge Control Over Property
9 10 11 12 13 14 15 16 17 18 19 20 21 22
SEC. 12. In case of the revocation of the charter, expulsion, lapsing, or disbanding of any L.L. for any cause or reason whatsoever, it shall be the duty of the R.S., acting in conjunction with the trustees, to send all funds and property belonging to such L.L. to the G.S.T. to be held by him/her, intact, for a period of at least 6 months. If within that period application is made therefore by at least 35 members in good standing in that locality, such L.L. shall, with the approval of the E.C., be reopened and the funds and property returned thereto. In the event that such L.L. is not reopened, all funds and property shall belong to and become the property of the G.L.
119
1 2 3 4 5 6 7
SEC. 1. In cities where more than 1 L.L. exists, delegates from all such L.Ls. should meet at least once a month for the purpose of considering matters affecting the welfare of the I.A.M., and shall report the results of such meeting to their respective L.Ls. Every effort shall be made to secure harmonious cooperation among the L.Ls. Minimum Wage Scales
8 9 10 11 12 13 14 15 16 17
SEC. 2. L.Ls. shall establish a minimum scale of wages in their respective localities for members employed as machinery erectors, and members shall not accept work as machinery erectors under the minimum wage established for the locality wherein they are employed. L.Ls. may also establish minimum wage rates in their respective localities wherever they are in a position to enforce such rates, subject to the approval of the E.C. Economics
18 19 20 21 22
SEC. 3. Each L.L. may discuss subjects of political economy under the heading Good and Welfare, providing such discussion does not occupy more than 20 minutes of the time of the meeting and does not include matters sectarian in religion.
ARTICLE E
1 2 3 4 5 6 7 8 9
SEC. 4. Each L.L. president may appoint a committee of not more than 7 members to be known as the legislative committee, which committee shall assist in securing the enactment of legislation favorable to labor. The legislative committee shall gather information on all such laws enacted, the people who have favored or opposed the same and from time to time forward such information to THE JOURNAL. Relief Committee
10 11 12 13 14 15
SEC. 5. The president of each L.L. may appoint and be chairperson of a relief committee. The relief committee shall receive all monies drawn for relief benefits and cause the same to be paid to the member for whom drawn within 48 hours after receipt of same. Affiliation
16 SEC. 6. L.Ls. shall affiliate with their A.F.L.C.I.O. 17 State Organization, Central Labor Council or C.L.C. 18 Provincial Federations.
ARTICLE F ARTICLE F SPECIAL LEVIES Failure to Pay Special Levies and Fines
121
1 2 3 4 5 6 7 8 9 10 11 12 13 14
SEC. 1. Fines or other levies within the authority of a L.L. to make shall be due within 30 days after levied. If not paid within that time, the S.T. shall notify those in arrears in writing, by registered mail, at the last known address, with copy of same to the G.S.T. Should they fail to make payment within 60 days from the date of such written notice, their membership may be cancelled regardless of the date to which their dues are paid. Initiation fees, reinstatement fees, dues and fines shall constitute a legal liability by a member to the L.L. The cost of litigation arising from charges against a member by reason of such liabilities shall constitute a legal debt payable by such member.
122 ARTICLE G
ARTICLE G
1 SEC. 1. Unemployment stamps are issued for the 2 purpose of aiding members to maintain their good 3 standing.
Eligibility
4 5 6 7 8 9 10 11
SEC. 2. Unemployment stamps shall not be issued to members who are on vacation or engaged in any business or profession outside of the trade. Unemployment stamps shall be issued to members pursuant to the provisions of Sec. 3 of this Art., at a minimum charge of $2.00 per month; $1.00 to be transmitted to the G.L., the remainder to be retained by the L.L. Conditions of Issue
12 13 14 15 16 17 18 19 20 21 22 23 24
SEC. 3. Members who are unemployed for the major portion of any month (the major portion of any month shall depend on the major portion of the regular working days in any month), and who suffer a total or proportionate loss of earnings, due to separation from employment, layoff or furlough, or sickness or disability, are entitled to unemployment stamps for that month and are thereby excused from the payment of regular dues, upon complying with the following conditions: They shall register their names and addresses in the out-of-work book or communicate with the S.T., or business representative of the L.L.
ARTICLE G
123
1 2 3 4 5 6 7 8 9 10 11 12 13 14
stating they are unemployed, or sick or disabled, any time within a two-month period. The matter of reporting is entirely the members responsibility. Commencing April 1, 1974, a members monthly dues or special levies must be paid within the 2 months limit provided for in Sec. 14, Art. I. The S.T. shall place the unemployment stamp in the square of the month next following that of the month in which the last dues stamp was placed. Members who have received unemployment stamps shall, immediately upon securing employment, report to the S.T., or business representative. Violations
15 16 17 18 19 20
SEC. 4. Members who violate any of the provisions of this Art., or who obtain unemployment stamps by false pretenses or misrepresentations of the facts, shall be guilty of misconduct and subject to charges, trial and penalty therefore as provided in Art. L of this Constitution.
124 ARTICLE H
ARTICLE H
RETIRED AND EXEMPT MEMBERS AND LIFE MEMBERSHIP CARDS Dues for Retired Members
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
SEC. 1. Members who have retired from active employment, either with or without pension, may be issued a retirement card at a cost of $10.00 at the time of retirement. Such retirement card shall cover all succeeding years providing the holders of such cards report to their L.L. annually, not later than March 1 of each year, advising the L.L. of their current mailing address. Failure to report by March 1 of each year will cause recall of their retirement card. L.Ls. shall have the option to use their own reasonable method of advising retirees of this reporting requirement. The card is valid as long as the holder also remains on retirement and complies with all applicable provisions of the I.A.M. Constitution. Death benefits of members maintaining membership by the use of retirement cards shall be preserved as of the date the first retirement stamp or card was issued, but in no case shall the benefits increase, subject to the provisions as set forth in Art. XV. Any member with a retirement card, who returns to active employment, shall immediately notify the S.T., or business representative and again start paying regular monthly dues. A member who obtains a retirement card by false pretenses or continues to retain his/her retirement card status while
ARTICLE H
125
1 2 3 4
employed and fails to pay regular dues shall have his/her retirement card cancelled automatically, and the S.T. of the L.L. shall immediately notify the G.S.T.s office of the cancellation. Exemption Cards
5 6 7 8 9 10 11 12 13 14 15 16 17 18
SEC. 2. Members who have been in continuous good standing for 30 years and have become so afflicted or disabled as to prevent them from actively working at the trade, or who have been discriminated against for their activities as organizers, business representatives, or other official work, and are in consequence unable to obtain employment, or members who have been continuously in good standing for 30 years, shall upon leaving the trade and upon request therefore be granted cards exempting them from further payment of dues and assessments. The issuing of such exemption cards shall not deprive members of accumulated death benefits, subject to the provisions set forth in Art. XV. 50-Year Life Membership Gold Card
19 20 21 22 23 24 25 26 27
SEC. 3. Members who have been in continuous good standing in the I.A.M. for 50 years or more, whether or not working at the trade, shall be granted a 50-Year Life Membership Gold Card and shall be exempted from payment of all dues and assessments. Death benefits shall be preserved as of the date of issuance of the Life Membership Gold Card, with no further increase in benefits, subject to the provisions as set forth in Art. XV.
ARTICLE I
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
SEC. 1. Any employee engaged or connected with work of the machinists trade, die sinker, die or tool maker, aerospace workers, electronic workers, automobile, truck, heavy duty equipment mechanic, aircraft machinists or mechanic, flight attendant and other service workers, professional, production, service, transportation, office, clerical, technical, welder, specialist, woodworker, health services worker, shipbuilder, machinists helper, helperapprentice, or apprentice working in any industry may be admitted to membership upon paying the required fee and assuming the obligation of the I.A.M., and provided further that said applicant does not advocate dual unionism or support movements or organizations inimical to the interests of the I.A.M. or its established laws and policies. Applications for Membership and Investigations
17 18 19 20 21 22 23
SEC. 2. Except as otherwise provided in Sec.7 of this Art., every application for membership shall be presented to a L.L. in writing by a member, and shall state the name, residence, date and place of birth, occupation and place of employment of the applicant. If a majority of those present consent, the L.L. may vote upon an application for membership
ARTICLE I
127
1 2 3 4 5 6 7 8 9 10 11 12 13 14
at the same meeting at which the applicant is proposed; otherwise, the application for membership shall be referred to a committee of 3 members, 2 of whom shall be appointed by the president and 1 of whom shall be appointed by the vice president. The committee shall investigate the eligibility of the applicant and report thereon at the next regular meeting of the L.L., whereupon a yea and nay vote will be taken upon the question of the admission of the applicant to membership. A majority vote of those voting on the question shall be necessary to elect the applicant to membership. An application once rejected shall not again be voted on until after the expiration of 6 months. Non-Resident Applicants
15 16 17 18 19 20 21 22 23
SEC. 3. Each applicant for membership in a L.L. shall be interrogated to ascertain the place from whence he/she came. If it appears that he/she is not a resident of the place where the L.L. is located, the R.S. shall communicate with the L.L. in the locality where the applicant was last employed for the purpose of ascertaining the applicants standing in that community, and the application shall not be voted upon until after an answer has been received. Initiation and Reinstatement Fees
24 25 26 27 28
SEC. 4. The minimum initiation and reinstatement fees for each L.L. shall not be less than the regular monthly dues of the L.L. Whenever increases in the established rates of initiation or reinstatement fees of a L.L. are proposed, they shall be
128
ARTICLE I
1 2 3 4 5
adopted only after approval by majority vote of the members of the L.L. in good standing, voting by secret ballot at a general or special membership meeting and after reasonable notice upon the question. Universal Transfers
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
SEC. 5. When the I.A.M. agrees to a reciprocal transfer agreement with another international union, transfers shall only become effective when a members dues in that organization have been paid for the 2 months immediately prior to the date of transfer. Application for transfer into a L.L. of the I.A.M. must be made within 30 days after accepting employment, and upon presentation of documentary evidence of goodstanding membership in such union and the payment of a $10.00 fee plus the current months dues, the applicant, if qualified and accepted in accordance with the provisions of this Constitution, will be initiated or reinstated into membership without the payment of the customary initiation or reinstatement fee. Whenever a person eligible under the provisions of this Sec. accepts employment and thereby becomes eligible for membership, and fails to apply for membership in the manner herein provided for, said transfer will not be effected and the member shall be initiated or reinstated in the usual manner. The L.L. accepting such transfer and membership application will handle the transaction as a regular initiation or reinstatement and, upon formal lodge approval, the S.T. will issue a dues book or dues card containing an initiation or reinstatement stamp, properly cancelled in the regular manner, and report the initiation or reinstatement on the next regular monthly report, with full information of such transfer.
ARTICLE I
129
1 2 3 4 5 6 7 8 9 10
If a former member of the I.A.M. applied for universal transfer into a L.L. other than the 1 he/she was formerly a member of, the applicant will pay the required $10.00 fee plus the current months dues. In this case, the membership application and a $10.00 fee will be forwarded to the G.S.T. for issuing the dues book or dues card. Applicants for universal transfer must meet the eligibility requirements as provided for in Sec. 1 of this Art. Obligation by Request
11 12 13 14 15 16 17 18 19 20
SEC. 6. Candidates elected in 1 L.L. may be initiated in another L.L., but good and sufficient reasons must be given in writing to the L.L. in which the candidates were elected before said L.L. can grant permission for their initiation in another L.L. The permission herein referred to shall be in writing, signed by the secretary and president and attested by the seal of the L.L. by which they were elected, and addressed to the L.L. where they are to be initiated. Commencement of Membership
21 22 23 24 25 26 27 28 29 30 31 32 33 34
SEC. 7. Membership shall begin on the date of initiation or last reinstatement, which shall be recorded in the dues book or dues card. An initiation or reinstatement stamp shall be placed in the square for the month in which the member was initiated or last reinstated and dues shall begin the following month. In those L.Ls. where the obligation of membership is printed on the application for membership and said application is signed and presented to the L.L. with the required initiation fee or reinstatement fee or an appropriate dues checkoff card, that applicants membership shall conditionally commence immediately, subject to clearance by the G.S.T. that there
130
ARTICLE I
1 2 3 4 5 6 7 8 9 10
are no charges, fines or levies outstanding in the official records of that office, and also subject to clearance by the G.S.T. that the applicant has not been expelled from this union. In those cases where the G.S.T. submits an adverse report on the applicant, such conditional membership shall be automatically cancelled and the applicants initiation fee or reinstatement fee shall be remitted to the applicant by the properly authorized financial officer. Local Lodge Dues
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 8. The monthly dues shall be established by the local lodge bylaws, or the district lodge bylaws, as approved by the I.P. Except as otherwise required by this Sec., in all other cases, any changes in the established rates of dues proposed by a L.L. shall be adopted only after approval by a majority vote of the members of the L.L. in good standing in attendance and voting by secret ballot at a general or special membership meeting and after reasonable notice upon the question. Upon payment of dues, members shall receive a dues stamp from the S.T. as a receipt for each months dues so paid, which stamp shall be affixed in the dues books or dues cards of the members and cancelled by the S.T. as provided in Sec. 6, Art. C. At no time shall L.L. dues be rebated to a member who attends a meeting where, to do so, would result in the dues of a member actually paid or checked-off to fall below the established minimum dues rate of the L.L.
131
1 2 3 4 5 6 7 8 9
SEC. 9. Members who seure employment withing the jurisdiction of any other trade union affiliated with the A.F.L.C.I.O., and who are required to become members of such other trade union, may retain their membership in the I.A.M. by paying such reduced rate of dues as may be stipulated by the L.L. of which they are members. Such L.L. shall, however, pay full per capita tax to the G.L. on all such members. Dues Books or Dues Cards
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
SEC. 10. Except as otherwise provided in Sec. 4, Art. VII, all members shall have dues books or dues cards of uniform appearance, which shall bear numbers designated by the G.L. and shall be furnished free of charge by the S.T., who shall purchase all dues books or dues cards from the G.S.T. All dues books shall contain spaces for the affixing and cancellation of stamps, for recording the payment of assessments and for noting transfers. Such dues books shall contain spaces for the description, identification and signature of the owner and the designation of the branch of the trade in which the owner is most proficient, and a page containing a statement of G.L. benefits. Space shall also be provided for the insertion of the Congressional or Assembly District, Legislative Assembly or Parliamentary Constituency of the member. The dues book or dues card when properly stamped and bearing the seal of the L.L. shall serve all purposes for the identification of the owner and shall be received as evidence of standing in the I.A.M. The dues book or dues card may be enhanced by automated methods for identification and verification of membership standing, subject to the approval of the E.C.
132
1 2 3 4 5 6
SEC. 11. When the loss or destruction of a dues book is satisfactorily proved by a member, the S.T., upon payment of a fee of 25 to be retained by the L.L., shall make out a new book which shall have affixed on the inside cover a certificate of exchange or loss. Transfers
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
SEC. 12. A member may transfer to any L.L., when approved by a vote of the members in regular meeting, provided, however, in cases where members are initiated in L.Ls. where the minimum initiation fee prevails and transfer to a L.L. where a higher initiation fee prevails, a minimum of 6 months continuous good-standing membership will be required, without which, at the option of the L.L. involved, the difference in the initiation fee may be collected. The failure of any L.L. to accept the transfer shall not deprive the member of good standing in the I.A.M. or right to employment. No accounting of arrearage dues shall be required between L.Ls., but all L.L. and D.L. special levies then due shall be collected and forwarded to the L.L. or D.L. which levied the same. Should a dues book or dues card be presented for the transfer of a member with 1 or more months dues paid in advance, the owner of such book or card shall be entitled to transfer in regular form, and the advanced dues shall remain the property of the L.L. from which the member transferred. Members presenting their dues books or dues cards as prescribed herein
ARTICLE I
133
1 2 3 4 5 6 7 8 9 10
shall become members of the L.L. to which they transfer upon approval of the transfer by the L.L. The S.T. shall execute a transfer notice and immediately send the original copy of the transfer notice to the S.T. affected, with a copy to the G.S.T. Any D.L. experiencing problems with this method of transferring membership funds and/or records may, upon request, be granted needed dispensation from the I.P. Identification Letters Illegal
11 12 13 14 15 16 17 18
SEC. 13. Except as otherwise provided in Sec. 4, Art. VII, no letter or paper of identification other than the regular dues book or dues card shall be issued by any S.T. or other officer of a L.L. to any member, except for the purpose of showing the standing of such member on the books of the L.L. or in reply to an inquiry received under the seal of some other L.L. Membership Cancelled
19 20 21 22 23 24 25 26 27 28 29
SEC. 14. As used in this Constitution, delinquency is defined as the failure of a member to pay his/her dues, fines, assessments or special levies within the current month except as otherwise provided in this Constitution. Delinquency for 2 months in the payment of dues or special levies, or delinquency arising from the application of Sec. 4, Art. C, shall automatically cancel membership and all rights, privileges and benefits incident thereto. The period of good-standing membership of members whose membership has been
134
ARTICLE I
1 2 3 4 5 6
cancelled for delinquency or other cause shall date from their last reinstatement, as shown by the G.L. records, and their rights, privileges and benefits under the provisions of this Constitution shall attach and date from their last reinstatement, as though they had never before held membership in the I.A.M. Reinstatement
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 15. Any person whose membership has been cancelled may be reinstated to membership, but the application for reinstatement must be made to the L.L. under whose jurisdiction the applicant is working, and the regular reinstatement fee of such L.L. must be paid. If the application for reinstatement is filed in the L.L. wherein the applicants original membership was cancelled and the application is approved, said L.L. shall immediately issue a dues book or dues card containing a reinstatement stamp properly cancelled, which transaction shall be entered on the monthly report of said L.L. in the same manner as initiations are entered. When the application for reinstatement is filed in a L.L. other than that by which the applicants membership was cancelled, then the application, after having been approved by the L.L. receiving the same, shall be forwarded by the S.T. of said L.L., together with a fee of $10.00, to the G.S.T. Upon receipt of said application, the G.S.T. will issue a dues book or dues card containing a reinstatement stamp properly cancelled, and forward same to the S.T. of the L.L. from which the application was received, and shall thereupon transfer the reinstated member to such L.L.
ARTICLE I
135
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
If the membership of the person applying for reinstatement was cancelled for cause other than nonpayment of dues, or if there are any unpaid fines, or L.L., D.L., or G.L special levies, the reinstatement shall not be effected, nor shall the dues book or dues card be issued until said causes are removed and the fines and special levies are either remitted or paid in full. All applications for reinstatement shall then take the usual course. The foregoing provisions shall not apply to people whose membership was cancelled in lapsed, suspended, expelled or disbanded L.Ls. All such people working in a locality where a L.L. exists may be reinstated by the G.L. upon making application therefore and paying the reinstatement fee charged by the nearest L.L., which fee shall not be less than the regular monthly dues of the L.L. The L.L. shall forward the application for reinstatement, together with a fee of $10.00, to the G.S.T. Rejected Applications and Expulsions
20 21 22 23 24 25 26
SEC. 16. Each L.L. shall keep for future reference a correct list of all people whose membership has been cancelled and all applications that have been rejected. Expelled people and rejected applicants cannot again apply for membership until after the expiration of 6 months from the date of said expulsion or rejection.
ARTICLE I
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 17. Any member who leaves the trade because of illness, or obtains employment outside the trade or industry, or because of furthering education, or obtains a supervisory position above the rank of working foreman, or because of circumstances over which the member has no control is compelled, as a condition of employment, to join another labor organization, and upon complying with the conditions hereinafter set forth, may be issued a withdrawal card by and with the approval of the L.L. in which membership is held. Application for withdrawal card, accompanied by a fee of $1.00, 50 of which is to remain in the L.L. treasury and the balance to be remitted to G.L., shall be made to the S.T. of the L.L. who, after the application has been approved by the L.L., shall issue same, bearing the L.L. seal on a form designed and supplied by the G.L. No application will be granted until all fines, dues and special levies charged against the member have been paid in full to date of application. People discontinuing their membership by accepting withdrawal cards will not be entitled to any benefits or permitted to attend meetings or participate in any of the business of the I.A.M. They shall not violate any of the laws or decisions of the G.L. or L.L. under penalty of having their withdrawal cards cancelled. Any person who holds a withdrawal card and holds a position above working foreman will have said withdrawal card automatically revoked if he/she crosses a sanctioned picket line of the shop where he/she is employed.
137
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
SEC. 18. Members who enter the Armed Forces of the United States or Canada may apply for an Armed Forces withdrawal card to the S.T. of the lodge of which he/she is a member. Applications for Armed Forces withdrawal cards shall be completed by the S.T. and forwarded to the G.S.T. for processing. The cards shall be issued by the G.L. Members who are issued Armed Forces withdrawal cards shall receive credit for time spent in such service toward veteran badges should they resume membership in the I.A.M. upon discharge from the service. They shall not violate any of the laws or decisions of the G.L. or L.L. under penalty of having their withdrawal cards cancelled. No fee in connection with the timely deposit of an Armed Forces withdrawal card or the issuing of the dues book or dues card shall be collected from the member. Armed Forces withdrawal cards must be deposited with the L.L. within 30 days following return to work. Deposit of Withdrawal Cards
22 23 24 25 26 27 28 29 30 31
SEC. 19. Any person holding a withdrawal card who obtains employment at the trade or within the industry or otherwise becomes eligible for membership, subject to the exceptions provided herein, must, within 30 days after again becoming eligible for membership under the jurisdiction of a L.L., fill out a membership application and deposit the withdrawal card and a $10.00 fee and the current months dues. The L.L. receiving the withdrawal card and the membership application will handle the transaction as
138
ARTICLE I
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
a regular reinstatement, and upon formal lodge approval, the S.T. will issue a dues book or dues card containing a reinstatement stamp properly cancelled. If the withdrawal card was issued in a L.L. other than the 1 in which it is being presented, the membership application and a $10.00 fee shall be forwarded to the G.S.T. for issuing of the dues book or dues card. Whenever the holder of a withdrawal card accepts employment and thereby becomes eligible for membership and fails to deposit the card in the manner herein provided for, such withdrawal card is automatically cancelled and the S.T. of the L.L. with which the card should have been deposited will immediately notify the G.S.T.s office of the cancellation.
139
1 2 3 4 5 6 7 8
SEC. 1. A journeyman is a person who has served an apprenticeship of 4 years as a tool and die maker, a general machinist, a welder, an auto mechanic, a heavy duty mechanic, an aircraft mechanic, or any other branch of the machinists trade, or who has worked for a period of 4 years at the machinists trade in any of its branches or subdivisions. Technician
9 10 11 12 13 14
SEC. 2. A technician is a person who has served an apprenticeship of 4 years or completed college or vocational training in a particular field or has acquired a fundamental knowledge in the fields of aerospace, electronics, atomic energy or other related fields or divisions of the machinists trade. Specialist
15 16 17 18 19 20
SEC. 3. A specialist is a person who is employed in a particular branch or subdivision of the machinists trade, or a person who performs a particular line of work commonly recognized as work connected with the trade but requiring less general knowledge of the trade than a journeyman.
ARTICLE J
1 2 3 4 5 6 7
SEC. 4. A machinists helper is a person employed in the machine or metal industry, in any of its branches or subdivisions, and assigned to assist others in the machinists trade in the performance of their duties, and who is competent to command the minimum rate of wages paid in the locality where employed. Production Worker
8 9 10 11 12
SEC. 5. A production worker is a person employed in mass production industry engaged in repetitive machine work, assembly work, or bench work, requiring less training, experience and skill than that necessary to qualify as a specialist. Service Worker
SEC. 6. A service worker is a person who is 13 14 employed in any supportive or operative service 15 function connected with the work outlined in the 16 jurisdictional portion of this Constitution. Apprentice
17 18 19 20 21 22 23
SEC. 7. An indentured apprentice is a person who is engaged to an employer to serve 4 years in learning the trade as set forth in Secs. 1 and 2 of this Art. A helper-apprentice is a person who having been a member for at least 1 year and having worked at least 1 year as a machinists helper has thereafter
ARTICLE J
141
1 engaged himself/herself to an employer to serve 4 2 years in learning the trade as set forth in Secs. 1 and 2 3 of this Art.
Term of Apprenticeship SEC. 8. People engaging themselves to learn 4 5 any branch of the trade under the jurisdiction of the 6 I.A.M., as outlined in Secs. 1 and 2 of this Art., shall 7 serve an apprenticeship of 4 years. Apprentice Ratio
8 9 10 11 12 13 14 15 16
SEC. 9. Every shop which employs 3 journeymen may have 1 apprentice. Further apportionment shall be based on 1 additional apprentice for every 8 journeymen employed in the specific journeyman classification to be apprenticed. The number of helper-apprentices shall at no time exceed the number of regular indentured apprentices in any shop, unless otherwise provided for in the collective bargaining agreement. Completion of Apprenticeship
17 18 19 20 21
SEC. 10. Apprentices upon the completion of their apprenticeship shall receive not less than the minimum rate of pay for journeymen in the locality where they are employed, unless otherwise provided for in the collective bargaining agreement.
142 Reclassification
ARTICLE J
1 2 3 4 5 6 7
SEC. 11. Helpers who engage themselves to employers as apprentices shall within 5 days thereafter present their dues books or dues cards to the S.T. of the L.L. having jurisdiction over the journeymen in the shop where employed. The S.T. shall thereafter notify the G.S.T., who shall reclassify the members as apprentices.
143
1 2 3 4 5 6 7 8 9
SEC. 1. Members shall report to the S.T., business representative or shop committee before accepting employment within the jurisdiction of any other L.L. Within 5 days after commencing work in the new jurisdiction such members shall, at the L.L.s request, present their dues books, dues cards or other proof of payments for transfer to the L.L. having jurisdiction over the place of employment and have their transfer properly recorded. Jurisdiction of Lodges
10 11 12 13 14 15 16 17 18
SEC. 2. In cities where railroad, aircraft, contract, automobile, tool and die makers, aerospace, electronic, and any other duly chartered L.Ls. exist, people working at the several branches of the trade must become members at the request of the L.L. having jurisdiction over the class of work in which they are employed, provided that said L.L. has a contract or agreement with the employer covering the people claimed. Overtime
SEC. 3. Members shall discourage the working 19 20 of overtime, in order to further the opportunities for 21 full employment, a living wage, and a 40-hour 22 workweek.
144 Misrepresentation
ARTICLE K
1 2 3 4 5 6 7 8 9 10
SEC. 4. Any applicant admitted to membership who has falsified his/her application for initiation or reinstatement shall be subject to fine or expulsion, or both, after charges and trial for misconduct as provided in Art. L. Members who falsely represent themselves to be competent workmen shall be fined or expelled at the discretion of the L.L. of which they are members after charges and trial for misconduct as provided in Art. L. Disorderly Conduct
11 12 13 14 15 16 17 18 19 20 21
SEC. 5. Members entering the L.L. room while under the influence of intoxicating drinks, or who are guilty of using indecent or profane language therein, shall be excluded therefrom upon order of the presiding officer and shall be subject to penalty of reprimand, fine, suspension or expulsion after charges and trial as provided in Art. L. Members, if guilty of habitual drunkenness or conduct disgraceful to themselves or associates, shall be subject to the penalty of expulsion from the membership after charges and trial. Visiting Members
22 SEC. 6. A member, upon visiting another L.L., 23 shall be admitted upon passing a satisfactory exami24 nation.
145
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 7. Any people who come under I.A.M. constitutional jurisdiction, except those represented by the I.A.M., or any of its subordinate L.Ls. or D.Ls., upon complying with the conditions hereinafter set forth, may make application for associate membership through the G.L. Application for associate membership shall be accompanied by a service charge as established by the E.C. and transmitted to the G.S.T. of the G.L. for E.C. approval. The established service charge shall be payable on an annual basis before the end of February of each year for proper renewal of associate membership. Applications for associate membership, after June 30 of any given year, shall be accepted by payment of one-half of the established service charge. Benefits for each associate member shall include a regular mailing of THE JOURNAL and any other special mailings as deemed of interest to them by the E.C. These associate members will also be entitled to participate in the various benefit programs offered through the I.A.M. and A.F.L.C.I.O. Associate members shall have no rights or privileges in the constitutional governance of the I.A.M. and will not be permitted to attend meetings or participate in any business of the I.A.M. This associate membership shall immediately cease if and when the associate member shall be represented by the I.A.M. or any of its subordinate L.Ls. or D.Ls. in a collective bargaining relationship. This associate membership shall automatically be revoked if he/she crosses a sanctioned picket line.
ARTICLE L
1 2 3 4 5 6
SEC. 1. The I.A.M. respects the rights and privileges of its members, officers, and representatives and takes these rights very seriously. Accordingly, Art. L contains due process guarantees and safeguards to protect all members, officers, and representatives from false accusations of wrongdoing. Improper Conduct of Officers and Representatives
7 8 9 10 11 12 13 14 15 16 17 18 19
SEC. 2. The following actions or omissions shall constitute misconduct by any officer of a L.L., D.L., council or conference, or by any business representative or representative of a L.L. or D.L. which shall warrant a reprimand, removal from office and/or disqualification from holding office for not more than 5 years (except as otherwise provided in Art. VII, Sec. 5), suspension from office, or any lesser penalty or any combination of these penalties as the evidence may warrant: Incompetence; negligence or insubordination in the performance of official duties; or failure or refusal to perform duties validly assigned.
147
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 3. The following actions or omissions shall constitute misconduct by a member which shall warrant a reprimand, fine, suspension and/or expulsion from membership, or any lesser penalty or any combination of these penalties as the evidence may warrant after written and specific charges and a full hearing as hereinafter provided: Refusal or failure to perform any duty or obligation imposed by this Constitution; the established policies of the I.A.M.; the valid decisions and directives of any officer or officers thereof; or, the valid decisions of the E.C. or the G.L. convention. Attempting, inaugurating, or encouraging secession from the I.A.M.; advocating or encouraging or attempting to inaugurate any dual labor movement; or supporting movements or organizations inimical to the interest of the I.A.M. or its established laws and policies. Acquiring membership by false pretense, misrepresentation, or fraud. Accepting employment in any capacity in an establishment where a strike or lockout exists as recognized under this Constitution, without permission. (In Canada, however, resignation shall not relieve a member of his/her obligation to refrain from accepting employment at the establishment for the duration of the strike or lockout if the resignation occurs during the period of the strike or lockout or within 14 days preceding its commencement. Where observance of a primary picket line is required, any resignation tendered during the period that the picket
148
ARTICLE L
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
line is maintained, or within 14 days preceding its establishment, shall not become effective as a resignation during the period the picket line is maintained, nor shall it relieve a member of his/her obligation to observe the primary picket line for its duration.) Actions constituting a violation of the provisions of this Constitution, or any action which would constitute a violation of the L.L. bylaws. Illegal voting or in any way preventing an honest election to fill elective offices, posts or positions in the G.L. or any L.L., D.L., council or conference. Any other conduct unbecoming a member of the I.A.M., provided, however, that any charge of such conduct shall specifically set forth the act or acts or omissions alleged to constitute such offense. Trial of Officers or Representatives
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 4. A charge of misconduct may be made against any officer or representative of a L.L., D.L., council or conference, by any member in writing to the proper officer of the body involved with a copy of such charges to the I.P. Such charges shall set forth the specific actions or omissions allegedly constituting the misconduct. The I.P. may determine that fairness to the accused and the best interests of the I.A.M. require a trial before a special committee designated by the I.P. for that purpose or before the convention of the G.L. In the event the I.P. refers the charges to trial before a special committee or before the convention of the G.L., the matter shall be heard and decided in accordance with the following procedures:
ARTICLE L
149
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
The I.P. will appoint a special trial committee, which will first conduct a preliminary investigation to determine whether or not there is sufficient substance to warrant a formal trial being held. If the trial committee finds the charges should be dismissed, it will so advise the I.P., who will then notify both plaintiff and defendant. This decision is subject to appeal as provided in Sec. 12 of this Art. If the trial committee decides a formal trial hearing is warranted, both the plaintiff and defendant shall be notified of the specific charges on which they will be tried, and the time and place of the trial, in writing, by registered or certified mail. A trial before a special trial committee shall be conducted in the locality where the offense is alleged to have been committed within 30 days after the mailing of such notice, provided, however, that all parties shall be provided sufficient time to prepare their cases. The accused shall be given full opportunity to present evidence and arguments to refute the charges, to examine and cross-examine witnesses, and may be represented by another member of the I.A.M., acting as his/her attorney. The special trial committee shall report its verdict and recommended penalty, if guilty, in writing to the I.P. The I.P. may affirm, modify, or reverse in full or in part, the decision of the special trial committee, or impose any penalty or fine, which he/she deems to be appropriate. In the case of a trial before the convention of the G.L., the trial shall be referred to and conducted by the appeals and grievance committee. The accused shall be provided the same process and protections as in a trial before a special trial committee. The
150
ARTICLE L
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
appeals and grievance committee shall submit its report to the convention, which shall include its findings and verdict, together with its recommendation of the penalty to be imposed, if the accused is found guilty. The convention may amend or reject the verdict in whole or in part. If the convention concurs with a guilty verdict, the recommendation of the committee as to the penalty may be amended or rejected in whole or in part and/or another penalty substituted by a majority vote of those delegates voting on the question. Such action of the convention shall be final and binding on all parties. If the charges are not tried before a special trial committee or by the G.L. Convention, then the charges will be tried before the L.L., D.L., council or conference of which the accused is an officer or representative in accordance with the trial procedures prescribed in Secs. 6 11 of this Art. Trial of a Member
20 21 22 23 24 25 26 27 28 29 30 31 32
SEC. 5. Charges preferred against a member for other than a violation of his/her duty or duties as an officer or representative of either a L.L. or D.L. shall be governed by the following procedures: It is the duty of any member who has information as to conduct of a member covered by Sec. 3 of this Art. to immediately prefer charges in writing against such member by filing the same with the president of the L.L. of which the accused is a member. Such charges shall set forth the specific actions or omissions allegedly constituting the misconduct. The president of the L.L. with whom the charges are filed shall supply a copy to the accused and forthwith
ARTICLE L
151
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
proceed to bring the accused to trial under the provisions of Secs. 6 - 11 of this Art., except that the I.P. may, when he/she deems such action necessary in order to provide a fair trial or to protect the best interests of the I.A.M., direct that the accused be tried either by a special committee designated for that purpose or by the G.L. convention. In the event the latter procedure is adopted, the trial of the charges shall be governed by the provisions of Sec. 4 of this Art. In the event the president or the president and other officers of the L.L. are involved in the charges filed, the next ranking officer shall preside, as herein set forth. In the application of this Sec., the order of ranking of officers shall be as set forth in Sec. 1, Art. B. In the event that any L.L., or the members thereof, fail to proceed as prescribed herein, then any officer or representative, or member, may file written charges against such member or members with the I.P. Upon the receipt of such charges, the I.P. shall forward 1 copy thereof to the accused and 1 copy to the president of the L.L. of which the accused is a member, together with an order commanding said L.L. to proceed to place the accused on trial under the provisions of this Art. If said L.L. fails or refuses for 15 days thereafter to proceed as ordered by the I.P., then the I.P. shall notify the accused and the L.L. of which the accused is a member, of the time and place, when and where a special committee will meet for the purpose of hearing evidence and trying the accused upon charges theretofore preferred, provided, however, that the I.P. or the E.C. may, if they deem advisable, in lieu of a trial before a special committee,
152
ARTICLE L
1 2 3 4
order the accused to be tried by the G.L. convention. In the event the latter procedure is adopted, the trial of the charges shall be governed by the provisions of Sec. 4 of this Art. Appointment of Trial Committee
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
SEC. 6. Except as otherwise provided in this Art., whenever charges have been preferred against a member, the president of the L.L. shall promptly appoint a trial committee of 3 or 5 members, 1 of whom shall act as chairperson and 1 of whom shall act as secretary. The trial committee shall conduct an investigation of the charges and decide whether there is sufficient substance to warrant a trial hearing being held. The arrangement of the conduct of the investigation is left to the discretion of the trial committee. If the trial committee decides a trial hearing is warranted, the committee shall, within 1 week of its determination, notify the member of the charges against him/her and when and where to appear for trial. The time set for trial shall allow the accused a reasonable time (not less than 7 calendar days after notification) to prepare his/her defense. If the trial committee decides the charges should be dismissed on the basis of lack of supporting evidence, it will so recommend to the next regular meeting of the L.L. and the L.L. shall adopt or reject the trial committees recommendation. If the L.L. adopts the recommendation, the charges shall stand dismissed subject to appeal of L.L. decisions as provided in Sec. 12 of this Art. If the L.L.
ARTICLE L
153
1 rejects the committees recommendation, the trial 2 committee shall proceed to notify the charged mem3 ber and hold a trial hearing.
Appearance SEC. 7. If a member fails to appear for trial 4 5 when notified to do so, the trial shall proceed as 6 though the member were in fact present. Evidence
7 8 9 10 11 12 13
SEC. 8. Both the plaintiff and the defendant shall have the privilege of presenting evidence and being represented either in person or by a member to act as his/her attorney. The trial committee shall maintain a written record of the trial proceedings, including all testimony and documents introduced by either the plaintiff or the defendant. Trial Procedure
14 15 16 17 18 19 20 21 22 23 24 25
SEC. 9. 1. Call trial committee to order. 2. Examine dues books or dues cards. 3. Clear the trial chamber of all people except the trial committee, the trial reporter (who need not be a member of the I.A.M.), the plaintiff and his/her attorney, the defendant and his/her attorney, and representatives of the G.L., if in attendance. 4. The plaintiff and the defendant shall remain in the trial chamber until trial is concluded, but shall sit apart.
154
ARTICLE L 5. The chairperson shall read the charges and ask the defendant if he/she is guilty or not guilty. If the plea is not guilty the trial shall then proceed; if the plea is guilty the trial committee shall conduct such further proceedings as in its judgement are required. 6. The plaintiff or his/her attorney shall present his/her case first. 7. Witnesses shall be called into the trial chamber 1 at a time, and will leave the trial chamber upon completing their testimony, subject to recall by either the trial committee, the plaintiff, the defendant, or the representatives of the G.L. 8. All people giving testimony shall be required to affirm that the testimony that they give shall be the truth. 9. Defendant and his/her attorney shall have the right to cross-examine plaintiffs witnesses. 10. Defendants witnesses shall then be called. 11. Plaintiff and his/her attorney shall have the right to cross-examine the defendants witnesses. 12. Following the completion of cross-examination, the plaintiff and defendant shall be given the opportunity to make a statement or summation of their case, with the plaintiff having the first and last opportunity for remarks. 13. Before the trial committee shall begin its deliberation upon the testimony given, all people except the trial committee shall leave the trial chamber.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
155
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
SEC. 10. The trial committee shall consider all of the evidence in the case and thereafter agree upon its verdict of guilty or not guilty. If the verdict be that of guilty, the trial committee shall then consider and agree upon its recommendation of punishment. Following completion of these deliberations and conclusions, the trial committee shall report at the next regular meeting of the L.L. The plaintiff and the defendant shall be promptly notified in writing, by registered or certified mail, by the R.S. of the decisions of the L.L. with respect to the guilt or innocence of the defendant and with respect to the penalty imposed if the L.L. took action on the latter. The trial committees report shall be in 2 parts as follows: 1. The report shall contain a synopsis of the evidence and testimony presented by both sides, together with the findings and verdict of the trial committee. After the trial committee has made the necessary explanation of its intent and meaning, the trial committees verdict with respect to guilt or innocence of the defendant shall be submitted without debate to a vote by secret ballot of the members of the L.L. in attendance. 2. If the L.L. concurs with a guilty verdict of the trial committee, the recommendation of the committee as to the penalty to be imposed shall be submitted in a separate report to the L.L. and voted on by secret ballot of the members then in attendance.
ARTICLE L
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
SEC. 11. The penalty recommended by the trial committee may be amended, rejected, or another punishment substituted therefore by a majority vote of those voting on the question, except that it shall require a two-thirds vote of those voting to expel the defendant from membership. If the L.L. reverses a not guilty verdict of the trial committee, the punishment to be imposed shall be decided by the L.L. by a majority vote of those voting on the question, except that it shall require a two-thirds vote of those voting to expel the defendant from membership. Disqualification from holding office as a penalty for misconduct as a member or officer shall be limited to 5 years, except as otherwise provided in Sec. 5, Art. VII. Appeal from Decision of L.L. or D.L.
17 18 19 20 21 22 23 24 25 26 27 28 29 30
SEC. 12. An appeal may be taken to the I.P. from the decision of a L.L. or D.L. by either the accused or the party preferring charges against the accused within 30 days after the verdict. Such appeal must be addressed to the I.P. in writing and set forth in specific detail the grounds on which it is based. The appeal may also include any argument in support thereof which the appellant desires to advance, but shall not include any new evidence. The I.P. shall transmit to the opposing party a copy of the appeal and such party shall have a period of 15 days to reply thereto. The I.P. shall obtain from the L.L. or D.L a complete record of the trial before the L.L. or D.L. and shall make a decision based on
ARTICLE L
157
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
such record, which shall be final and binding unless changed on further appeal as hereinafter provided. The decision of the I.P. shall contain his/her findings and conclusions and the penalty, if any, to be imposed. Upon such an appeal, the I.P. shall have full authority to affirm or to modify or reverse, in whole or in part, the decision of the L.L. or D.L., or to remand the proceedings for further trial before the L.L. or D.L., or to impose any penalty or fine which he/she deems to be required, including expulsion. No party to the appeal shall have a right to appear in person before the I.P. However, the I.P., if he/she deems it necessary or desirable, in connection with his/her consideration of the appeal, may accord such a privilege. The I.P. shall furnish a copy of his/her decision to each party to the appeal by registered or certified mail. Appeal from Decision of I.P.
18 19 20 21 22 23 24 25 26 27 28 29 30 31
SEC. 13. An appeal may be taken from a decision of the I.P. to the E.C. by any interested party to the proceedings before either the I.P., the L.L. or D.L. Such appeal must be taken within 30 days from the date of the I.P.s decision and shall be made in writing to the G.S.T. The appeal shall set forth in specific detail the grounds therefore and may include any written argument in support of these grounds. The G.S.T. shall also notify the opposing party in charge cases or trial cases of any appeal from the decision of the I.P. to the E.C. and shall furnish such party with a copy thereof. The opposing party shall have a period of 15 days in which to file any written argument in opposition to the appeal
158
ARTICLE L
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
with the G.S.T. The G.S.T. shall transmit to the E.C. such appeal and any written arguments in opposition thereto, together with the record of the proceedings before the I.P., and the decision of the E.C. shall be made upon this record and the arguments submitted in connection therewith. No party to the appeal shall have a right to appear in person before the E.C. However, the E.C., if it deems it necessary or desirable in connection with its consideration of the appeal, may accord such a privilege. The decision of the E.C. shall be by majority vote of those participating and shall be final unless changed upon further appeal as hereunder provided. No member of the E.C. involved in the case or who has participated in the matter at earlier stages shall be entitled to participate in the decision on appeal. The E.C. shall have full authority to affirm or to modify or reverse, in whole or in part, the decision of the I.P. or to remand the proceedings for further trial before the L.L. or D.L. or to impose any penalty or fine which it deems to be required. The G.S.T. shall furnish a copy of the decision of the E.C. to each party to the appeal by registered or certified mail. Appeal from Decision of E.C.
25 26 27 28 29 30 31
SEC. 14. An appeal may be made from a decision of the E.C. by any party to the proceedings before the E.C. to the G.L. convention. Such appeal shall be made in writing to the G.S.T. within 90 days from the date of the E.C.s decision and shall set forth in specific detail the grounds therefore. The appeal may include a written argument in support of
ARTICLE L
159
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
such grounds. The G.S.T. shall notify the E.C. and the opposing party of such appeal and furnish them with a copy thereof. Such party may, within 15 days, file with the G.S.T. a written argument in opposition to the appeal. The appeal shall be referred to the appeals and grievance committee of the convention, and the G.S.T. shall transmit to such committee the record of the proceedings before the lower tribunals of the I.A.M., as well as the arguments of the appellant and of the opposition party. The appeals and grievance committee shall, upon timely request, hear both parties to the appeal in person. However, no party to the appeal shall have a right to appear in person before the convention. The appeals and grievance committee shall make a written recommendation to the convention based upon the record before it, which shall contain its findings, conclusions, and recommendations as to penalty to be imposed, if any. The convention may amend or reject, in whole or in part the findings and recommendations of the appeals and grievance committee and find the accused either guilty or not guilty. The convention may also accept or reject, in whole or in part, any recommendation of the appeals and grievance committee with respect to a penalty to be imposed, and may itself provide a substitute penalty by a majority of delegates voting on the question. Such action of the convention shall be recognized and accepted as final and binding on all parties. Before any appeal can be taken from an E.C. decision, the decision and all orders of the E.C. in relation thereto must be complied with by all parties concerned therein; provided, however, that in the event the E.C. concludes that compliance pending
160
ARTICLE L
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
appeal would constitute a substantial bar to the exercise of the right thereof, compliance therewith may be waived or modified by the E.C. No officer, member, representative, L.L., D.L., or other subordinate body of the I.A.M. shall resort to any court of law or equity or other civil authority for the purpose of securing an opinion or decision in connection with any alleged grievance or wrong arising within the I.A.M. or any of its subordinate bodies until such party shall have first exhausted all remedies by appeal or otherwise provided in this Constitution not inconsistent with applicable law for the settlement and disposition of such alleged rights, grievances or wrongs. The I.P., E.C., and G.L. convention are hereby empowered to refuse or defer consideration, or to refuse or defer or withhold decisions, in any matter pending in any court of law or before any other civil authority as circumstances in their judgment may warrant and justify. Rights of Member During Appeal
20 21 22 23 24
SEC. 15. While any member or L.L. is exercising the right of appeal, the financial standing of such member or L.L. shall not be impaired by refusal to accept dues or per capita tax until after the E.C. has passed upon the appeal. Notification to L.L. and D.L.
SEC. 16. Whenever appeals are taken to the I.P., 25 26 E.C., a convention of the G.L. or general referen27 dum, the L.L. or D.L. involved shall be notified 28 immediately.
161 In accordance with the provisions of Sec. 4, Art. XIX, the Committee on Law met for the purpose of considering the necessary revisions to the Constitution as a result of the propositions adopted by the delegates at the September, 2008, Grand Lodge Convention. All necessary changes have been made in compliance with the terms of this Constitution and a check completed of the proof to be submitted for printing of the newly revised Constitution.
Gen. Secretary-Treasurer
International President
INDEX
!, 0 #% 7,3/ 4/ 0 $97:.9:70 ,3/ !4 078 #% 7,3/ 4/ 0 43;039 438 #% 7,3/ 4/ 0 11 .078 0 0 ,908 ,3/ 422 9900 43 , ,3/ 4 4803 #% ' 0 0 ,908 94 9 0 207 .,3 0/07
,9 43 41 ,-47 ,3/ 43 7088 41 3/:897 , 7 ,3 ,9 438 ,3/ 9 07 11 ,9 438 #% ' 0.:9 ;0 4:3. #% ' 39073,9 43, !708 /039 #% ' 0307, $0.709,7
%70,8:707 #% ' 0307, ' .0 !708 /0398 #% $, ,7 08
162
!, 0 #% :8 3088 03. 08 ,3/ 7 ,3 078 #% #0;03:0 41 9 0 7,3/ 4/ 0 #% :/ 98 41 7,3/ 4/ 0 ..4:398 ,3/ 43/ 3 41 7,3/ 4/ 0 11 .078 #05708039,9 ;08 ,3/ 25 4 008 #% ' 7,3/ 4/ 0 !038 43 #% ' 0,9 0301 98 #% ' $97 08 #% ' 11 ,9 43 9 7,3/ 4/ 0 #% ' % 0 #010703/:2 ,3/ 98 507,9 43 #% #0; 8 43 41 9 0 4389 9:9 43 43;039 43 #% &3/0 0 ,90/ :9 47 9 ,3/ !4 07
163
!, 0 #% 4:3. 8 ,3/ 4310703.08 #% 897 .9 4/ 08 #% 7 ,3 ,9 43 41 4., 4/ 08 #% 4., 4/ 0 11 .078 ,3/ 4 4803 #% :9 08 41 4., 4/ 0 11 .078 #% 4;0732039 41 4., 4/ 08 #% :9 08 41 4., 4/ 08 #% $50. , 0; 08 #% &3025 4 2039 $9,258 #% #09 70/ ,3/ 0259 02-078 ,3/ 10 02-078 5 ,7/8 #% 0 0 02-078 5
164
!, 0 #% 02-078 5 ,88 1 .,9 43 #% :9 08 41 02-078 #% 4/0
165
INDEX
!, 0 #' % $
;
$0.9 43
% % #
79 . 0 '
,9 438 0307, 4702,3
3/ ; /:, 11
& %$ # &%$ # #$ #!#$%% '$ ! $ 79 . 0
:/ 98 43/ 3
79 . 0
166
!, 0
$0.9 43
167
!, 0 %$ % % # #% # #$$ &$%# # % $ % # % $ 79 . 0 '
$0.9 43
88 32039 41 0 0 ,908 ; 8 43 41 '4908 39073,9 43, !708 /039 789 0 0 ,90 $, ,7 :/ 98 :9 47 9 01 3 9 43 897 .9 4/ 0 8808820398 :9 08 41 $0.709,7
%70,8:707 0.:9 43 ,3/ 3 41 3,3. , ,3/ 9 07 #054798 #06: 70/ ; , :73 8 3 45 08 41 4 0.9 ;0 ,7 , 3 3 70020398
3;0892039 ,3/ 8
4/ 0 :3/8 -:7802039 41 897 .9
$%# %
$ 79 . 0
:7 8/ .9 43
,3, 02039
47 !745079 3 2:2 97 .9 4/ 0 , 0 $., 08 11 .078 ,3/ 0.:9 ;0 42 3,9 438 ,3/ 0.9 438 41 8
4,7/ 02-078 !:75480 ":, 1 .,9 438 147 11 .0 #05708039,9 43 ,3/ #0;03:0
168
$0.9 43
:/ 9478
43/ 3 422:3 .,947 43/:.947
$039 30
/:.,947 0.:9 43 ,3/ 3 41 3,3. , ,3/ 9 07 #054798 #06: 70/ ; , 439 #054798 94 9 0 7,3/ 4/ 0
!708 /039
#0.47/ 3 $0.709,7
$, ,7 08 $0.709,7
%70,8:707
%7,381078
%7:89008
' .0 !708 /039
11 ,9 43 44507,9 43 41 4/ 08 .4342 .8 0 8 ,9 ;0 422 9900 3 2:2 , 0 $., 08 #0 01 422 9900 884. ,90 02-078 5 847/07 43/:.9 4 3 94 47 3 9 07 4., 9 08
&% $ $ 79 . 0
169
!, 0
:7 8/ .9 43 41 4/ 08 8705708039,9 43 ;079 20 ' 8 9 3 02-078
$0.9 43
3,3. 3 $97 08
79 . 0 '
# $#%#
%#$&## 79 . 0 '
88 89,39 :/ 9 41 4., ,3/ 897 .9 4/ 08 4:3. 8 47 43
10703.08 43/ 3 41 5 4 008 41 11 .078 ,3/ 2
4., ,3/ 897 .9
4/ 08 $9,90 4:3. 8 ,3/ 4310703.08 0548 9 41 :3/8 :9 08 :9 08 41 88 89,39 $0.709,7 7,3/ 4/ 0 :/ 9478 !07 ,5 9, %, ,3/ 008 #0.0 59 41 :3/8 #054798
:9 08
170
!, 0
$0.9 43
, 8 207 03. :3/8 :3/8 ,3/ !745079 41 07 0/ 4/ 08
7,3/ 4/ 0 43974 ;07 !745079 0 , &80 41 $0, 4., 4/ 0 $0, ,3, 02039 3;0892039 ,3/ 8-:7802039 41 4., 4/ 0 :3/8 47 !745079
7/07 41 :8 3088
!,7 ,2039,7 , 8 #0 : ,7 009 3 8 ,3/ ":47:28
$50. , 009 3 8 '4 :39,7 43,9 438
# '% $ 79 . 0
'#% $ 79 . 0
171
!, 0 # #$
%$ %% $ 79 . 0
$0.9 43
4:39 3 9 0 '4908 0. ,7,9 43 41 0.9 43 0 0 ,908 ,3/ 422 99008 3/47802039 147 42 3,9 43 3 ,3/ !:- .,9 43 41 3/47802039 3 ',.,3. 08 3.70,8 3 0307, ' .0 !708 /0398 3850.9478 41 0.9 43 389, ,9 438 49 1 .,9 43 41 0.9 43 :2-07 41 42 3008 11 .078 ! ,.0 41 '49 3 ! 0/ 0 94 ..059 42 3,9 43 !705,7,9 43 ,3/ 08.7 59 43 41 , 498 !70807;,9 43 41 , 498 ,3/ 0.
9 43 #0.47/8 - $% ":, 1 .,9 43 94 '490 ":, 1 .,9 438 #0., !74; 8 438 #05708039,9 43 ,9 4:39 $0.43/ , 49 %,-: ,9 43 41 #09:738 ,3/ ,70 41 , 498 % 20 ,3/ 09 4/ 41 '49 3 '
172
!, 0 # $%#&%&# ! #$ 79 . 0 - 9 4;0732039 4;0732039 -09 003 43;039 438 02-078 5 ,3/ :7 8/ .9 43 ,20 ,3/ 4.,9 43
$0.9 43
%#% !#$ % 79 . 0 ' 88 32039 41 11 .078 ,3/ 554 39
2039 41 422 99008 01 7 ,3 07
85038,9 438.,3,/, :9 08 7,3/ 4/ 0 #05708039,9 ;08 !:754808 147 . , $:85038 43 47 %7:89008 5 , 0 89,
- 8 0/
#0 01 41 ,3,/ ,3 02-078 5 1742 079, 3 #06: 7020398 41 ,3/7:2
7 11 3 .9 #05479 94 0.:9 ;0 4:3. $ 3 3 7/078 $50. , 85038,9 438 $:507; 8 43 41 4., ,3/ 897 .9 4/ 08 4:3. 8 ,3/ 4310703.08 $:85038 43 41 4., 4/ 08 8
97 .9 4/ 08 4:3. 8 ,3/ 43
10703.08 % 0 7 11 .078 ,3/ #0570
8039,9 ;08
173
!, 0 &# $ % % %#
% $$ % $%$ # $! # #$
$0.9 43
08 3,9 43 41 11 .078
389, ,9 438
42 3,9 43 ,3/ 0.9 43 41 11 .078
":, 1 .,9 438 147 11 .0
%0728 41 11 .078 ,3/ ',.,3. 08 3 11 .0
#$ ! 79 . 0
0 0 55 .,9 438 147 02-078 5 ,3/ 3;089 ,9 438
720/ 47.08 9 /7, , ,7/8 42203.02039 41 02-078 5
0548 9 41 9 /7, , ,7/8
:08 44 8 47 :08 ,7/8 - 9 /039 1 .,9 43 099078 0 , 3 9 ,9 43 ,3/ #0 389,902039 008
4., 4/ 0 :08
02-078 5 ,3.0 0/
43
#08 /039 55 .,398 - ,9 43 - #06:089 #0/:.0/ #,90 41 :08 #0 389,902039
#0 0.90/ 55 .,9 438 ,3/
5: 8 438
174
!, 0
$0.9 43
557039 .0
557039 .0 #,9 4 425 09 43 41 557039 .08 5 4:730 2,3 ,. 3 89 8 0 507
!74/:.9 43 47 07
#0. ,88 1 .,9 43 $07; .0 47 07
$50. , 89 %0. 3 . ,3 %072 41 557039 .08 5 50380 4 ,3.0 0307, ' .0 !708 /0398 0,/
6:,79078 4 / 4 9 07 11 .0 11 .078 503808 ,9 0,/6:,79078 ,7907 #06: 702039 01 3 9 43 41 , 4., 4/ 0 897 .9 4/ 0 11 ,9 43 00 147 ,580/ 47 50 0/ 02-078
# % $ 79 . 0
175
!, 0
008 472 41 55 .,9 43 7,39 3 ,7907 #0897 .9 438 4 , -9, 3 ,79078
$0.9 43
203/2039 , 49 01 3 9 43 472 41 203/20398 4 3;4 0/ 09 4/ 41 '49 3 ,3/ #09:738 !:- .,9 43 41 !745480/ 203/20398 !:- .,9 43 41 '4908 ,3/ 203/20398 #08:-2 88 43 $50. , 009 3 41 422 9900 43 , 03 3 110.9
0,7 10 02-078 5 4 / ,7/ :08 147 #09 70/ 02-078
0259 43 ,7/8
176
$0.9 43
#& $ ##
$ # $ 79 . 0 $!
' $ 79 . 0
177
!, 0
$0.9 43
,3/ 3 41 4728 ,3/ #054798 ,3/ 3 &31, 7 47 09 4/ 41 0. ,7 3 $97 0 09 4/ 41 !, 2039 7 ,3 3 :3/ $97 0 :3/ $97 0 0301 98 $97 0 $9,258 ,2 35 8 3 07 /:.,9 43 ,3/ %0. 34 4 03907
& % &% # % ! # 79 . 0
#0807;,9 438
178
# #
%
$% %&%
89
7 3, 4389 9:9 43 ,/4590/ 3 , 3 9 ,39, ,9 9 0 43;039 43 41 9 0 &3 90/ ,. 3 898 ,3/ 0. ,3 ., 3 30078 41 207 ., ,9 . 9 20 9 0 3,20 41 9 0 47 ,3 ,9 43 ,8 . ,3 0/ 94 ,9 43, 884. ,9 43 41 ,. 3 898 #0; 80/ - 9 0 43;039 43 3 ,
3 4: 8; 0 #0; 80/ - 9 0 43;039 43 3 , 3 ! 998-:7 ! ,9 . 9 20 9 0 3,20 41 9 0 47 ,3 ,9 43 ,8 . ,3 0/ 94 39073,9 43, 884. ,9 43 41 ,. 3 898 #0; 80/ - 9 0 43;039 43 3 , 3 ., 4 #0; 80/ - 9 0 43;039 43 3 , 3 3/ ,3,54 8 #0; 80/ - 9 0 43;039 43 3 , 3 3. 33,9 3 #0; 80/ - 9 0 43;039 43 3 , ,38,8 9 3 #0; 80/ - 9 0 43;039 43 3 , :11, 4 #0; 80/ - 9 0 43;039 43 3 :30
3 %474394 39 ,3 #0; 80/ - 9 0
43;039 43 3 ,
3 ,: 00 #0; 80/ - 9 0 43;039 43 3 $059
3 48943 #0; 80/ - 9 0 43;039 43 3 $059
3 $9 4: 8 #0; 80/ - 9 0 43;039 43 3 $059
3 03;07 #0; 80/ - 9 0 43;039 43 3 $059 3 ,;035479 #0; 80/ - 7010703/:2 ;490 3 .9 #0; 80/ - 7010703/:2 ;490 3 :
3/ 7/ 9 9 9 9 9 9 9 9 9 9 9
Revised by the 15th Convention in June-July, 1916 in Baltimore, MD and adopted by referendum vote in Oct., 1916. Revised by referendum vote in Jan., 1917. Revised by referendum vote in July, 1917. Revised by referendum vote in Jan., 1918. Revised by referendum vote in Sept., 1918. Revised by referendum vote in July, 1919. Revised by referendum vote in Jan., 1920. Revised by the 16th Convention in Sept., 1920 in Rochester, NY and adopted by referendum vote in Sept., 1920. Revised by referendum vote in July, 1922. Revised by the 17th Convention in Sept., 1924 in Detroit, MI and adopted by referendum vote in Nov., 1924. Revised by referendum vote in July, 1926. Revised by the 18th Convention in Sept., 1928 in Atlanta, GA and adopted by referendum vote in Nov., 1928. Revised by referendum vote in July, 1930. Revised by referendum vote in Oct., 1932. Revised by referendum vote in Jan., 1933. Revised by the 19th Convention in Sept., 1936 in Milwaukee, WI and adopted by referendum vote in Dec., 1936. Revised by the 20th Convention in Sept., 1940 in Cleveland, OH and adopted by referendum vote in Dec., 1940. Revised by referendum vote in Jan., 1942 Revised by the 21st Convention in Oct.-Nov., 1945 in New York, NY and adopted by referendum vote in Jan., 1946. Revised by the 22nd Convention in Sept., 1948 in Grand Rapids, MI and adopted by referendum vote in Dec., 1948. Revised by referendum vote in Jan., 1950. Revised by the 23rd Convention in Sept., 1952 in Kansas City, MO and adopted by referendum votes in Nov., 1952 and Jan., 1953.
Revised by referendum vote in Jan., 1954. Revised by the 24th Convention in Sept., 1956 in San Francisco, CA and adopted by referendum vote in Nov., 1956. Revised by referendum vote in Feb., 1958. Revised by the 25th Convention in Sept., 1960 in St. Louis, MO and adopted by referendum vote in Nov., 1960 and special referendum vote in Dec., 1961. Revised by the 26th Convention in Sept., 1964 in Miami Beach, FL at which time the name of the organization was changed to International Association of Machinists and Aerospace Workers, and adopted by referendum vote in Nov., 1964. Revised by referendum vote in Jan., 1966. Revised by referendum vote in Jan., 1967. Revised by the 27th Convention in Sept., 1968 in Chicago, IL. Revised by referendum vote in Jan., 1970. Revised by the 28th Convention in Sept., 1972 in Los Angeles, CA. Revised by referendum vote in Jan., 1974. Revised by the 29th Convention in Sept., 1976 in Hollywood, FL. Revised by the 30th Convention in Sept., 1980 in Cincinnati, OH. Revised by the 31st Convention in Sept., 1984 in Seattle, WA. Revised by the 32nd Convention in April-May, 1988 in Atlanta, GA. Revised by the 33rd Convention in Sept.-Oct., 1992 in Montreal, PQ, Can. Revised by the 34th Convention in Sept., 1996 in Chicago, IL. Revised by the 35th Convention in Sept., 2000 in San Francisco, CA. Revised by the 36th Convention in Sept., 2004 in Cincinnati, OH. Revised by the 37th Convention in Sept., 2008 in Orlando, FL.