Transport Workers Union of America, AFL-CIO
Constitution 1997 Edition
80 West End
Ave.
Membership Pledge of the
Transport Workers Union of America, AFL-CIO
(To
be administered to new members upon their acceptance into the Transport Workers
Union of America at a local meeting where their membership is
approved.)
I
solemnly pledge on my honor to abide by the Constitution of the Transport
Workers Union of America and the rules and by-laws of Local_____; to discharge
all my duties and obligations faithfully; not to make known any private business
of the Union, and to conduct myself at all times as becomes a member of the
Transport Workers Union of America.
Constitution of the
Transport Workers Union of America
Founded April,
1934
Chartered
by
Congress of Industrial
Organizations, May 14, 1937
………
Table of
contents
………..
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Article
I Name and
Affiliation |
This organization shall be
known as the Transport Workers Union of America, hereinafter also referred to as
the International Union.
The
International Union may affiliate with such national or international
organizations as the International Executive Council may
determine.
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Article
II Objects |
The
objects of this organization shall be:
(a) To unite in this industrial
union, regardless of race, creed, color, sex, sexual orientation or nationality,
all workers eligible for membership.
(b) To establish through
collective bargaining adequate wage standards and retirement benefits, shorter
hours of work and improvements in the condition of employment for the workers in
the industry.
(c) To promote legislation and
engage in such other activity as may be deemed necessary or advisable properly
to safeguard the economic security and social welfare of working people and to
protect and extend our democratic institutions, civil rights and liberties, and
to perpetuate the cherished traditions of our democracy.
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Article
III Eligibility |
Section 1. All working men
and women, regardless of race, creed, color or nationality, employed in, on or
about any and all passenger or other transportation facilities, or public
utilities and allied industries, and in any other employment which the
International Executive Council decides is appropriately within the jurisdiction
of the International Union, and officers, staff representatives, and employees
of the International Union and of any Local Union are eligible for
membership.
Section 2. Persons having
supervisory power shall be eligible for membership subject to the approval of
the Local Union and the International Executive Council.
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Article
IV International
Officers |
Section 1. The officers of
the International Union shall be the International President, the International
Secretary-Treasurer, the International Executive Vice-President and fifteen (15)
International Vice-Presidents.
Section 2. The International
President, the International Secretary-Treasurer, and the International
Executive Vice President shall constitute the International Administration
Committee.
Section 3. The International Executive Council
shall consist of the International officers and such members at large, not more
than nine (9) in number, who may be designated from among the members of the
International Executive Board by the International Executive Council to
represent areas, or divisions or other groups in the Union, which in the opinion
of the International Executive Council are not otherwise adequately represented
on the International Executive Council.
Once so designated, such members at large shall serve until the next
International Convention.
Section 4. The International
Executive Board shall consist of the International officers and thirty-four (34)
International Executive Board members except that the number of International
Executive Board members may be increased pursuant to Section 5 of this
Article.
Section 5. The International
officers and the members of the International Executive Board shall be elected
at each regular International Convention, shall be obligated and installed at
the Convention at which they are elected, and their term of office shall run
until their successors are obligated and installed at the next regular
international Convention; except that the number of International Executive
Board members may be, increased when between regular conventions, the
International Executive Council determines that an increase is necessary to give
representation to any newly affiliated or organized group. Such additional members shall be
appointed by the International Executive Council from such newly affiliated or
organized group.
Section 6. No member shall
be eligible for nomination or election to any International office, or to the
International Executive Board, unless he/she shall have been in continuous good
standing in the International Union for at least two (2) years immediately
preceding his/her nomination. This
section shall not apply to a member of a Local Union which has been chartered by
the International Union less than two (2) years prior to such nomination; in
such case, a member to be eligible for nomination and election shall have been
in continuous good standing in his / her Local Union from the date of its
charter.
Section 7. No member may
hold more than one position in the International Union by virtue of which he/she
is entitled to membership on the International Executive
Board.
Section 8. When an
International Officer or Member of the International Executive Council or of the
International Executive Board is on the payroll of a Local Union, the Local
Union shall continue to pay his/her regular salary while he/she is attending
International Executive Council Meetings.
International Executive Board Meetings, Conventions and other functions
of the International union.
Expenses incurred in conjunction with same shall be paid by the
international union.
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Article
V Powers and duties of
the International President |
Section 1. The international
president shall be the chief executive officer of the international union. He/she shall enforce the constitution
and be responsible for the proper and effective direction of the affairs and
business of the international union and shall have the full power necessary
therefore subject to review by the international executive council. He/she shall interpret the meaning and
application of the provisions of this constitution. Any such interpretation or application
may be appealed by any member or by any Local Union adversely affected to the
international executive council, and thereafter, to the convention. Unless and until any such interpretation
or application of this constitution, heretofore or hereafter made by the
international president, is changed by the council or by the convention, the
interpretation and application made by him/her shall be deemed true and proper
and shall be given full force and effect.
He/she shall have the authority to appoint, direct, suspend or remove
such organizers and representatives, as he/she may deem necessary, and fix their
compensation, subject to review by the international executive
council.
Section 2. He/she shall
attend and preside at all international conventions and at all sessions of the
international executive council and of the international executive board. He/she shall call special meetings of
the international executive board whenever he/she deems necessary or when
requested in writing by a majority of the members of the council or of the
board, respectively.
Section 3. He/she shall have the power, either in
person or by a designated representative, to inquire into, examine and inspect
all books and records of the international union, of its local unions, and of
any division, department or other body within the international union, including
but not limited to the books and records of welfare funds, defense funds,
building funds, emergency funds, educational funds, mutual benefit funds,
political action funds, welfare trusts, credit union funds, and all other funds
of any sort whatsoever, in the negotiation, control, collection or expenditure
of which the international union, or any local union, or group of local unions
or any branch or section of a local union, participates in any way, or in which
any officer or member of the union has any interest or power of decision by
virtue of his/her office or his/her membership. The fact that such funds may be held in
the name of a corporation shall not limit or restrict this
power.
Section 4. In the event the
international president shall have reason to believe that any local union is
failing to comply with any provision of the constitution or conducts its affairs
in a manner which is detrimental to the interests of the union, he/she may
institute proceedings against the local union, with due notice of hearing in
writing delivered to the local president and to the local financial
secretary-treasurer, specifying the section or sections of the constitution
violated or the nature of the conduct, before the international executive
council, or a subcommittee thereof, designated either by the council or by the
international administrative committee.
Upon the basis of the hearing the international executive council is
authorized to render a decision, dismissing the charges, suspending or revoking
the charter of any such local union, or directing such other action as may be
necessary to secure compliance with the constitution, or otherwise to protect
and preserve the effectiveness and the best interests of the union. The decision of the international
executive council shall be subject to review by the international
convention.
Section 5. In the event the
International president shall have reason to believe that any officer or member
is failing to comply with any provision of the constitution, or conducts
himself/herself in a manner which is detrimental to the best interest of the
union, or otherwise engages in conduct unbecoming a member of the union, he/she
may institute proceedings against him/her with due notice of hearing, specifying
the section or sections of the constitution violated or the nature of the
conduct, before the international executive council, or a sub-committee thereof
designated either by the council or by the international administrative
committee. Upon the basis of the
hearing, the international executive council is authorized to render a decision,
dismissing the charges, suspending, expelling or otherwise penalizing such
officer or member, or directing such other action as may be necessary to secure
compliance with constitution or otherwise to protect and preserve the
effectiveness and best interests of the union. The decision of the international
executive council shall be subject to review by the international
convention.
Section 6. Where the
international president invokes the provisions of section 4 or 5 of this
article, the president may, if in his/her judgment the circumstances warrant it,
suspend any officer pending the decision of the international executive council,
provided that prior to, or simultaneously with the notice of suspension, he/she
serve a copy of the charges upon which the suspension is based on the suspended
officer and provided further that the international executive council or a
sub=committee thereof designated by the council or by the international
administrative committee holds a hearing on the charges within twenty (20) day
from the date of the suspension.
Section 7. The International
president shall make full report of the administration of his/her office and the
affairs of the international union to the international convention. He/she shall be ex officio delegate to
all conventions of organizations to which the international union may be
affiliated.
Section 8. The international
president shall have the power to appoint from among the international vice
presidents an administrative assistant and to delegate to him/her such duties
and powers as the international president may determine; and he/she shall have
the power to appoint a director of cope and define his/her
duties.
Section 9. Should the
international president find himself/herself unable by reason of health to
perform the duties of his/her office, he/she may so certify, whereupon the
duties and powers of his/her office shall attach to the international executive
vice president until such time as the international president certifies his/her
return to duty.
Section 10. The
international president shall perform all such other duties as pertain to
his/her office. He/she shall
receive seventy-two thousand five hundred dollars ($72,500) per annum, payable
weekly in equal amounts, and when performing duties away from the international
office he/she shall receive his/her expenses, which shall be subject to the
approval of the international executive council.
The
salary of the international president shall be adjusted as of the first day of
January 1983 and on the first day of each January by the weighted average
percentage increase in wages or salaries received by the union membership during
the fiscal year ending on the preceding august 31st in bargaining
units of five hundred (500) or more.
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Article
VI Power and duties of
International
Secretary-Treasurer |
Section 1. The international
secretary-treasurer shall be the chief fiscal officer of the international
union. He/she shall cause to be
recorded the proceedings of all international conventions and all sessions of
the international executive council and of the international executive
board. He/she shall have charge of
and preserve all books, documents and effects of the international office,
except such records as properly belong to the office of the international
president. The seal of the
international union shall be held in trust by the international
secretary-treasurer.
Section 2. He/she shall
administer the business of his/her office in accordance with the rules and
regulations, practices and procedures established by the international
administrative committee and, in accordance therewith, he/she shall have the
authority to employ, with compensation, such assistants as may be necessary to
conduct the affairs of his/her office:
and also, in accordance therewith, he/she shall receive, receipt, deposit
and account for all monies and pay all bells of the international union. He/she shall invest all such funds as
may be deemed by the international administrative committee to be in excess of
current need in such securities as the committee may decide. He/she shall give a bond in the amount
determined by the international executive council and the cost thereof shall be
paid out of the funds of the international union.
Section 3. He/she shall pay
all bills and current expenses unless otherwise ordered by the international
president. He/she shall keep copies
of all-important correspondence sent out and received by his/her
office.
Section 4. He/she shall have the power and be
required to have inspected and audited at least once a year the financial
records of each local union. He/she
shall have the power to establish the rules and standards for such inspection
and audit.
Section 5. The international secretary-treasurer
shall perform such other duties as pertain to his/her office or may be assigned
to hem/her by the international administrative committee. He/she shall make a full report of the
finances of the international to the international convention; he/she shall be
ex officio a delegate to all conventions of organizations to which the
international union may be affiliated.
The international secretary-treasurer shall receive seventy thousand five
hundred dollars ($70,500) per annum, payable weekly in equal amounts, and when
performing duties away from the international office, he/she shall receive
his/her expenses, which shall be subject to the approval of the international
executive council.
The
salary of the international secretary-treasurer shall be adjusted as of the
first day of January 1983 and on the first day of each January by the weighted
average percentage increase in wages or salaries received by the union
membership during the fiscal year ending on the preceding august 31st
in bargaining units of five hundred (500) or more.
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Article
VII Duties and powers of
International Executive Vice President & Vice
Presidents |
Section 1. The international executive vice
president shall succeed to the office of international president for the
unexpired term in the event that such office becomes vacant. He/she shall also succeed temporarily to
the power and duties of the international president whenever the latter
certifies that he/she finds himself/herself unable, by reason of health, to
perform the duties of his/her office.
He/she shall receive the same annual compensation as the international
secretary-treasurer, payable weekly in equal amounts, and when performing duties
away from the international office, he/she shall receive his/her expenses, which
shall be subject to the approval of the international executive
council.
Section 2. The international
vice-presidents shall assist the international president in the performance of
his/her duties and shall work under his/her direction. Each vice-president, when assigned to
duty in the international union, shall be compensated at the rate fixed by the
international executive council, and he/she shall be reimbursed for his/her
expenses, subject to the approval of the international executive
council.
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Article
VIII Duties and power of
the International Executive
Council |
Section 1. The international executive council
shall meet not less than four times a year at the call of the international
president. The international
president shall call a meeting of the international executive council within
thirty (30) days of the receipt by him/her of a written request for such meeting
signed by a majority of the members of the international executive
council.
Section 2. When in session, except during an
international convention, the international executive council shall be the
supreme authority in the international union.
Section 3. The international executive council
shall have the power to remove any of the officers enumerated in section 1 of
article IV who, after due trial upon written charges, of which a copy shall be
given to the accused at least fifteen (15) days before trial, is found guilty of
dishonesty, malfeasance or misadministration, and removal is approved in a
referendum by a majority of the members of the international union. Any officer so removed shall be
ineligible to hold any office or appointive position in the international union
or in any local for a period of three years.
Section 4. The international
executive council shall have the power to fill a vacancy in the office of
international executive vice-president by appointing one (1) of the
international vice presidents to be the international executive vice president
to serve until the next regular convention. The international executive council
shall have the power to fill a vacancy in any international office or position
on the international executive council, other than the office of international
executive vice-president, by appointing from among its members, an acting holder
of the vacant office to hold such office until the next regular convention. An appointment made pursuant to this
section shall carry with it all the rights, powers, duties and obligations of
the office and such salary and expenses as pertain
thereto.
Section 5. A quorum of the
international executive council shall be a majority of the members. Questions coming before the executive
council shall be decided by a majority vote of its members present at a quorum,
except as other wise provided in this constitution. Any member may demand a roll-call vote
on any question.
Section 6. The International
executive council shall maintain in effect an actuarially sound pension plan,
paid for in full by the international union, covering the officers and such
full-time representative of the international union and such other full-time
employees of the international union as the international executive council
shall decide to cover as a group.
Any member holding an elective position who retires on pension pursuant
to such plan, or who elects to take severance benefits under such plan, shall be
deemed to have vacated his/her position.
Section 7. The international
executive council shall consider the adoption of an actuarially sound benefit
system as a right of membership and may institute same subject to such changes
as any convention may make therein.
Section 8. (a) Should the
number of good standing members in any local union become reduced to the point
that, in the opinion of the international executive council, the local can no
longer properly perform its functions, the international executive council may
revoke the charter of such local, or require it to merge with another local, or
take such other action as it deems advisable.
(b)
Where, in the judgment of the international administrative committee, merger
with another local is impractical, it may with the approval in writing of a
majority of the individual members of the international executive council
suspend the charter of the local and constitute its members as a section of the
international union with a status similar to a section of a local union. The section may be known, solely for
purposes of identification, as an administrative local with the former local
number. Its member’s dues and
initiation fees shall be paid into and commingled with the funds of the
international union. The cost and
expense of maintaining an administrative local shall be borne by the
international union. An
international representative shall be assigned to be responsible for business of
an administrative local, including collective bargaining and grievance handling,
assisted by a chairman and recording secretary elected by its members. The international executive council may,
at any time, wither reinstate an administrative local to its previous status as
a local union or transfer its members into another local, or take such other
action as it deems advisable. A
newly organized group may, under similar circumstances be constituted as an
administrative local.
Section 9. Any local union which is dishonest, or
culpably negligent or wasteful in its supervision, collection, expenditure, or
control of any assets or funds shall be subject to the revocation of its charter
or to such other action by the international executive council as the council
deems adequate and appropriate under the circumstances. Such conduct on the part of a local
union is also subject to proceedings instituted by the international president
pursuant to section 4 of article V.
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Article
IX Duties and powers of
the International Administrative Committee
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Section 1. The international administrative
committee shall assist the international president in carrying out the duties
and responsibilities of his/her office and shall perform such other duties as
may be imposed upon it by this constitution.
Section 2. It shall be entrusted with the specific
responsibility of determining efficient and effective practices and procedures
for the proper policing, safeguarding and administration al all assets and funds
of the international union, of all local unions, and of any and all other bodies
within or subject to the control of the international union, or of any local
union or of any group of local unions.
It shall prescribe proper and efficient methods of bookkeeping, receipt,
disbursements, accounting and auditing of all such funds and assets. It shall prescribe rules, regulations
and procedures for the administration and policing of all welfare funds,
building funds, emergency funds, mutual benefit funds, and all other funds of
any sort whatsoever, in the negotiation, control, collection, or expenditures of
which the international union, or any local union or group of local unions,
participates in any way, or in which any officer or member of the union has any
voice or power of decision by virtue of his/her office or his/her
membership.
Section 3. It shall cause
the books of he international secretary-treasurer to be audited by a certified
public accountant semi-annually, and shall transmit a copy of the audit to all
local unions on the completion thereof.
Section 4. Such real property as the international
administrative committee may consider necessary or convenient for the conduct of
the business of the union may be acquired, held, leased, mortgaged, or disposed
of by action of the committee and title to such property may be taken and held
in the names of the international president and international
secretary-treasurer as trustees for the international union, or may be taken and
held in such other manner as the committee may determine, provided that the
interests of the union are adequately protected.
Section 5. Whenever the
president or the financial secretary-treasurer of a local union is not a
full-time union official and is required by the nature of his/her employment to
journey from his/her home base, the international administrative committee shall
have the power to authorize the executive board of such local to designate one
of the members of the executive board as an additional authorized signature on
checks issued against the accounts of the local union, and provided such
additional signatory is duly bonded, the signatures of any two, from among the
president, financial secretary-treasurer and such additional authorized
signatory, on such checks shall meet the check signatory requirements of this
constitution.
Section 6. Any action or
decisions of the international administrative committee, and any practice or
procedure established or prescribed by the international administrative
committee, may be reversed or modified by the international executive committee
or by the international convention.
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Article
X International
Executive Board |
Section 1. The international executive board shall
meet at least once a year, and at the call of the international president. The international president shall be
required to call a meeting of the international executive board within thirty
(30) days of receipt by him/her of a written request for such meeting signed by
a majority of the members of the international executive
council.
Section 2. At each meeting of the international
executive board each international officer and international representative
shall report to the board on the performance of his/her duties since the last
prior meeting of the board.
Section 3: It shall be the primary concern and
function of the international executive board to consider and adopt such program
and policies as in its sound judgment are best designed to promote the welfare
of the union and its members.
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Article
XI Conventions |
Section 1. The regular international convention
shall be the supreme authority in the international union. The regular international convention
shall be held not less than three (3) years and nine (9) months more than four
(4) years after the date of the last preceding regular convention; provided that
the date of holding such convention may be advanced or postponed by not more
than six (6) months, upon resolution to that effect adopted by the international
executive council.
The
call for each regular international convention shall be mailed by the
international secretary-treasurer to each local union at least sixty (60) days
prior to the convening of the convention.
Section 2. (a) Each local union shall be entitled
to the number of delegates to the international convention as follows: One delegate for the first 300 members
or less in the local union and one additional delegate for each additional 300
members or majority faction thereof.
(b)
In any local union, the local executive board may decide for good cause to send
fewer than its full quota of delegates to an international convention, but such
decision must be made and have the approval of the international administrative
committee not less than fifty days prior to date for convening the
convention.
(d) Each delegate to the
international convention shall have one vote for the first 100 members or less
which he/she represents and one additional vote for each additional 100 members
or majority fraction thereof, but no delegate shall have more than ten (10)
votes.
Section 3. Representation shall be based upon the
average of the paid and exonerated membership of the local union for the last
three months calculated and closed the month prior to the issuance of the call
for the convention. Such membership
shall be determined from the records of the international
secretary-treasurer. A local union
which has been chartered for less than three months preceding the month in which
the call for an international convention is issued shall be entitled to send
only fraternal delegates to such international convention.
Section 4. (a) In any local union with one vice
president, and such vice president has succeeded temporarily or permanently to
the office of local president, he/she shall be ex officio a delegate from such
local union to any convention held during the period of such
succession.
(b) Should a local union of less
than 300 members decide that it cannot reasonably finance the attendance of its
president as its delegate at a convention, it may, with the approval of the
international administrative committee, elect by secret ballot, as its alternate
delegate, a member of another local who is otherwise eligible to serve as
delegate and who agrees so to serve without cost or expense to the local which
elects him/her as its alternate.
Section 5. Any local union
which on the seventh day prior to the opening of the convention is in arrears to
the international union for per capita or assessment shall not be entitled to
representation in the convention unless exonerated for good causes by the
international executive council.
Section 6. Any local union becoming delinquent must
comply with section 6 of article XVII before it will be entitled to
representation unless exonerated for good cause by the international executive
council.
Section 7. The eligibility requirements for
election as delegate to the convention shall be the same as the requirements for
election to local union office, as set forth in section 3 of article XV of this
constitution.
Section 8. All international executive board
members who are not elected as delegates shall be ex-officio delegates to the
convention with all the rights and privileges of elected delegates, but without
vote in any election of international officers, or on any matter before the
convention, except that they may vote as members of any convention committee on
which they serve.
Section 9. Except as provided in section 8 of this
article, each local union shall pay the reasonable cost of convention attendance
for its president and each other duly elected delegate. In the event of its failure so to do,
the international administrative committee may hold the local to be delinquent
within the meaning of section 6 of this article, or take such other action as
the committee considers warranted under all the circumstances. Any action taken by the committee may be
appealed to the international convention.
Section 10. The international secretary-treasurer
shall furnish each local union with credential blanks for delegates and
alternates in triplicate, which must be attested as required on the blanks. One duplicate shall be retained by the
delegate and the other filed with the local union. The original shall be delivered to the
local financial secretary-treasurer and by him/her forwarded to the
international secretary-treasurer, and no credential shall be accepted by
him/her later than twenty (20) days prior to the date for convening the
convention except with the approval of the international executive council. Each credential must be signed by the
local president and financial secretary-treasurer and must bear the seal of the
local union.
Section 11. A local union which is entitled to more
than one (1) conventional delegate may provide in its by-laws that, in addition
to the local president, one or more other officers be convention delegates,
ex-officio. Any such by-law
provision, however, shall be applicable only to officers elected by secret
ballot vote of the membership subsequent to its adoption and approval by the
international administrative committee.
Convention delegates, other than ex-officio delegates, shall be elected
by secret ballot after the members of the local union have had a reasonable
opportunity to nominate candidates.
No less than fifteen (15) days prior to such election, notice of the
election shall be mailed to each member of the local union at his/her last known
home address. Delegates elected in
violation of these requirements shall not be seated at the
convention.
Section 12. When any delegate’s credentials are to
be contested, notice of such contest shall be sent to the international
secretary-treasurer not later than fifteen (15) days prior to the date of
convening the international convention.
Any delegates whose credentials are contested may be unseated at any time
during the international convention.
Nothing herein shall preclude the convention from reflecting, on its own
motion and for good cause, the credentials of any
delegate.
Section 13. All resolutions to be considered by the
international convention shall be sent to the international secretary-treasurer
and be in his/her hands not later than three (3) weeks prior to the convening of
the convention. Resolutions from
local unions, or a member or members of a local union to be considered by the
convention, shall require approval by the executive board or by the membership
of the local union before delivery to the international secretary-treasurer
shall submit all resolutions to the chairman of the appropriate
committee.
Section 14. A convention shall have the power,
either on its own initiative or on the request of any member, to reinstate to
good standing membership any member or former member who has been suspended,
expelled, or otherwise disciplined.
Unless a convention directs otherwise, such authority shall also be
vested in the international executive council.
Section 15. On questions coming before the
international convention a roll-call vote shall be taken upon a request of
thirty (30) per cent of the delegates.
The secretary-treasurer shall have a roll of accredited delegates
prepared and make such other arrangements as will expedite and facilitate the
calling of the roll.
Section 16. Upon the request of at least one-third
of the local unions representing at least thirty-five (35) percent of the
membership, for a special convention, a referendum shall be held and in the
event that a special convention is voted for by a majority of the members of the
international union in good standing, the international executive council shall,
within ninety (90) days of the conclusion of said referendum, issue a call for
such special convention fixing the place and the time. The date shall be not later than ninety
(90) days from the date of the call.
Section 17. The specific purpose of such special
convention as requested shall be set forth on the referendum ballot and in the
call.
Section 18. Whenever in the opinion of the
international executive council an emergency exists which necessitates the
calling of a special convention, the international executive council my call
such a convention by giving at least ninety (90) days notice to all local
unions.
Section 19. No business other than that specified in
the call shall be transacted at a special convention.
Section 20. A majority of the delegates seated shall
constitute a quorum.
Section 21. Prior to the opening of any convention,
the international president shall appoint a credentials committee from among the
members of the international executive board, and he/she shall appoint from the
credentials of the delegates presented a committee on rules and the several
other committees necessary to successfully promote and execute the efficient
operation of the convention. He/she
shall have the power to convene any of such committees in advance of the
convention when, in his/her judgment, the work of the convention would be
thereby expedited. The convention
shall not be constituted for business until the credentials committee shall have
examined and reported on the credentials of all delegates present at the
scheduled time of opening. Appeals
from decisions of the credentials committee may make to the convention.
Section 22. An alternate delegate shall have neither
voice nor vote unless formally accredited and seated by the credentials
committee as the replacement for a regular delegate.
|
Article
XXI Structure |
Section 1. The membership of the transport workers
union of America shall function through local unions. A local union shall consist of the
members within a city or other area specified by the international executive
council, organized under a charter granted by the transport workers union of
America.
Section 2. Subject to the provisions of the
international constitution and the by-laws of the local union and to all
delegations of authority and assignment of responsibility to the local officers
and the local executive board as provided in the international constitution and
local by-laws, the supreme authority in the local union shall be the membership
of the local union, acting through duly called regular meetings of the local
union or through duly called regular meetings of the respective sections or
divisions of the local meeting separately, as the local by-laws may
provide. Between such meetings, the
local executive board shall have the power and authority to administer the
affairs of the local union.
Section 3. The international executive council may
establish divisions, each of which shall consist of a group of local unions with
particular common interests and concerns.
Each division shall be administered by a director appointed by the
international president with the approval of the international executive
council.
Section 4. Except where otherwise specifically
provided for herein or in the by-laws of any local union, majority rule shall
prevail throughout the international union.
Section 5. Voting by proxy shall not be permitted
in the transport workers union of America, or in any subdivision
thereof.
Section 6. Whenever there is an unopposed candidate
duly nominated for any office or elective position in the international union or
in any local union, including the position of convention delegate, such
candidate shall be considered elected without the necessity of an
election.
Section 7. In any election in the international
union or in any local union, no votes shall be counted except that cast for duly
nominated candidates. ‘Write-in’
votes shall not be counted.
Section 8. Political conferences shall be
established by the union on a statewide basis, for the purpose of promoting
cooperation and concerted action in the field of political education,
legislation, public relations and political action. All local unions within the state in
which a political conference has been established shall maintain membership
therein. Such conferences shall
establish by-laws, subject to the approval of the international administrative
committee, and shall coordinate their activities and publications with the
international administrative committee.
|
Article
XIII Membership |
Section 1. Any person seeking membership shall be
required to file, with the financial secretary-treasurer of the local union, an
application for membership.
Section 2. An applicant shall not be accepted for
membership until the initiation fee and other requirements specified in the
local’s by-laws shall have been complied with.
Section 3. Membership dues are due and payable on
the first working day in each calendar month. Any member who fails to pay his/her dues
for a particular month on or before the fifteenth day of each month shall be in
bad standing. Any member to whom
dues check-off is available and who signs and delivers to the local financial
secretary-treasurer, or other authorized person, a check-off authorization shall
be considered in food standing regardless of when in a particular month the
employer deducts his/her dues for such month or when the employer pays his/her
dues by check-off authorization are not checked off by the employer for any
month or months, said member shall remain in good standing until thirty days
after the mailing to him/her by registered mail of a notice informing him/her of
his/her indebtedness. Failure to
pay within said thirty-day period shall cause said member to become in bad
standing. Any member, or group of
members, to which dues check-off is not available may, on the application of the
local union to the international administrative committee, and for good cause
shown, secure an extension of the grace period beyond the month covered by the
dues payment for not more than one further month during which the member will
not lose his/her good standing.
Section 4. Any member in bad standing shall be
ineligible to attend union meetings, to be a candidate for or hold any union
office or position, or to vote in any union election or referendum, or otherwise
to participate in union affairs.
He/she shall not be restored to good standing until he/she has met all
his/her financial obligations to the union.
Section 5. It shall be the duty of each member to
pay his/her assessments, fines, and other financial obligations when due, and,
except for dues payments, failure to pay a financial obligation within one (1)
month after the due date shall cause him/her good
standing.
Section 6. For good cause shown, the international
executive council may reasonably extend the time limitations established in this
article.
Section 7. A member shall be required to advise the
local financial secretary-treasurer promptly of change of
address.
Section 8. Good standing members shall be entitled
to free transfer from one local to another.
Section 9. (a) A member in good standing who leaves
the industry or who is furloughed for more than 90 consecutive days shall
receive upon application made through and certified by his/her local financial
secretary-treasurer a withdrawal card from the international union and he/she
shall be reinstated to membership without the payment of a fee upon his/her
becoming eligible again.
(b) A member in good standing
who retires because of age or because of disability may elect to continue
his/her good standing membership status by continuing to pay the required dues
or to apply for honorary membership in the international union for the rest of
his/her lifetime. Where a member
who receives an honorary membership cared because of disability returns to
regular full-time employment, he/she shall be reinstated to membership without
payment of fee, if such employment would otherwise make him/her eligible for
membership in this union. If such
employment would not make him/her eligible for membership in this union, his/her
honorary membership shall be subject to cancellation by action of his/her local
union. A retired member who
continues his/her good standing membership shall have neither voice nor vote on
any collective bargaining issue.
Section 10. A member whose membership is terminated
shall have no right or interest in any property of the local union or of the
international union, including any dues, assessments or other financial
obligations paid by him/her in advance of the effective date of such
termination
Section 11. The International union and the local
union to which the member belongs shall be his/her exclusive representative for
the purpose of collective bargaining in respect to rates of pay, wages, house of
employment and other conditions of employment, and for the negotiation and
execution of contracts with employers covering all such matters including
contracts requiring his/her membership or the continuance of his/her membership
in the union as a condition of his/her employment, and contracts requiring the
employer to deduct, collect, or assist in collecting from his/her wages any
dues, fees, assessments, fines or other contribution payable to the
international union or his/her local union.
|
Article
XIV Local
Unions |
Section 1. Ten or more persons eligible for
membership in the international union shall constitute a local union upon
receipt of a charter from the international secretary-treasurer under the terms
herein provided.
Section 2. Upon approval of the charter application
by the international administrative committee, the international
secretary-treasurer shall issue to the applicants a local union charter which
shall contain such provisions as the international union may require; he/she
shall also deliver to said applicants one local seal and such other initial
supplies as may be necessary to conduct the affairs of the local union. The grant of such charter shall be
subject to the subsequent approval of the international executive
council.
Section 3. No local union shall be dissolved,
except with the approval of the international executive
council.
The
funds or property of a local union cannot be divided gratuitously among the
members, but shall remain intact for the use of the local union for its
legitimate purposes. Whenever the
local union disbands or discontinues its affiliation or its charter is revoked,
the charter, books, and records, and all funds, properties and assets of the
local union shall be delivered forthwith, through the office of the
international secretary-treasurer, to the international administrative committee
as trustees for such local union, and it shall be the duty and responsibility of
the local union officers to transmit all monies and books and other properties
of the local union to the international secretary-treasurer, as
secretary-treasurer of the trustees, or to his/her accredited representative
upon demand.. The international
administrative committee, as trustees, shall discharge the liabilities of the
local union to extent possible, out of the funds, properties and assets
received, and in the event of a surplus shall apply such surplus to advance the
interests of the members of the division of which the local union was a
part. In no event shall any such
surplus become part of the assets of the international union, nor shall the
international union be responsible for the debts and liabilities of such local
union.
Section 4. Each local union shall be charged with
the duty of enforcing this constitution as affecting its
membership.
Section 5. Each local union shall adopt bylaws,
which shall prescribe its structure and procedures and embody the rules, which
shall govern the operation of the local, and the conduct of its members. The bylaws shall conform to the
provisions and the principles of this constitution and to the established
policies of the international union, and shall be effective only when approved
by the international administrative committee. No amendment to the bylaws shall be
effective until so approved.
Section 6. Where reasonably possible, each local
union shall hold monthly regular membership meetings. In local unions where general membership
meetings are impractical, the local union shall provide in its bylaws for the
establishment of section or divisions, each to consist of members included on
the basis of similarity of work, classification, divisional, or other logical
grouping, Each such section or division should meet monthly. Local unions in which general membership
meetings are practical may also establish sections or divisions. The by laws of each such local shall set
up proper procedures for the election of section or division
officers.
Section 7. The officers of the local union shall be
president, one or more vice-presidents as the local bylaws may provide, a
recording secretary and a financial secretary-treasurer.
With the prior approval of
the international administrative committee, the office and duties of recording
secretary may be merged into the single office of financial
secretary-treasurer.
Section 8. The local executive board shall consist
of the local officers and such members at large as are provided for in the
local’s bylaws, within the limits fixed in this section. Local unions with less than three
hundred (300) members shall have one (1) executive board member at large; local
unions with three hundred (300) or more members, but less than five hundred
(500) members, shall have two (2) executive board members at large. Local unions with five hundred (500) or
more but less than fifteen hundred (1,500) members shall have three (3)
executive board members at large; and local union with fifteen hundred (1,500)
or more shall have one (1) additional executive board member at large for every
on thousand (1,000) members, or major fraction thereof, in excess of the first
one thousand (1,000). With the
approval of the international administrative committee, a local union with less
than five hundred (500) members may have up to three (3) executive board members
at large. Local executive board
members shall be elected at the same election as are local officers and pursuant
to the same procedures. Where the
local bylaws provide for the election of local executive board members other
than at large, the bylaw allocation shall be such as to ensure reasonably
proportionate representation. The
local executive board shall meet at least once a month. A majority of the members of the board
shall constitute a quorum.
Section 9. In local unions whose members are
employed by different employers, the local union may in its bylaws establish
branches, each to consist of members employed by the same employer. Where the number of members employed by
one or more employers is small, such members should be combined in a single
branch. In local unions where
branches are established, the local bylaws may provide for the allocation and
election of executive board members by branches, except that in no case shall
the number of local executive board members, as calculated pursuant to section 8
above, be exceeded.
Section 10. In local unions, where there are two (2)
or more branches or three (3) or more sections, there may be established a joint
executive committee to consist of the officers of the local union, the members
of the local executive board, the officers of the sections and of such
additional delegates as local bylaws may provide.
Section 11. No local union shall ever be
incorporated.
Section 12. The executive board of a local union
shall have the power to rent, hire and/or lease such property, as it may from
time to time consider convenient or necessary for the proper functioning of the
local union. The local executive
board shall have the power, subject to the prior approval of the international
administrative committee, to purchase, either in the name of the local union, or
in the name of a corporation formed for that purpose whose stock is held in the
name of the officers of the local as trustees for the local union, such real
property as may be convenient or necessary for the proper functioning of the
local union. The local executive
board shall have the power to rent out any portion of such property not needed
for the use of the local union.
Section 13. Their international executive council
shall determine the policy on affiliations of local unions, and shall have the
power to require any local union to comply with such policy. No local union shall enter into any
affiliation outside such policy, except with the prior approval of the
international executive council.
Section 14. No local union shall create a fund or
trust, separate and distinct from the funds of the local union, without the
prior written approval of the international administrative
committee.
|
Article
XV Local Union
elections |
Section 1. The term of office of local officers and
executive board members shall be three (3) years except that the international
administrative committee shall have the authority to approve a bylaw provision
establishing, or maintaining, a two-year term for the officers and executive
board members of any local which petitions and submits satisfactory reasons for
such approval, and except further such term may be extended for good cause shown
to four (4) years where the law permits.
Elections under this section shall be by a plurality of the secret ballot
votes cast.
Section 2. Members of the local executive board may
be elected either at large or through branches, sections or divisions, or on
such other basis set forth in the local’s bylaws as will ensure equitable
representation.
Section 3. No member shall be eligible for
nomination or election to any office unless he/she shall have been in continuous
good standing in his/her local union for a period of twelve (12) months
immediately proceeding nomination.
No member of a local union that has been in existence for less than
twelve (12) months shall be eligible for nomination or election to office unless
he/she shall have been in continuous good standing from the date of his/her
admission to membership in said local union.
Section 4. Branch, section, and division officers
in local unions shall be elected pursuant to the procedure set forth in the
local’s bylaws.
Section 5. All ballots and such other records as
pertain to the election of local officers and of convention delegates shall be
preserved for at least twelve (12) months.
Primary responsibility for their preservations shall be vested in the
financial secretary-treasurer; by it shall be the obligation of each member of
the local executive board to insure their preservation.
Not
less than fifteen (15) days prior to the election of local officers, notice of
such election shall be mailed to each member of the local union at his/her last
known home address. The members of
the local union shall also be given a reasonable opportunity to nominate
candidates for local office.
Failure to meet either of the requirements of this section shall
invalidate the election.
Section 6. The failure of a member, otherwise in
good standing, to attend a reasonable number of the meetings of his/her local
union, or of the division, section or other unit thereof to which he/she
belongs, may be made the basis for disqualifying such member as a nominee for
any elective or appointive position.
Any such eligibility requirement shall be effective only if incorporated
in the local/s bylaws and the bylaw provision may not be given retroactive
effect. This section shall not be
construed to preclude a local union from establishing in its bylaws any other
reasonable penalty for a member’s failure to attend union meetings. The failure of a member to attend a
meeting because of the requirement of his/her job or any other adequate reason
shall not affect his/her eligibility to run for or hold any elective or
appointive position, provided that within thirty (30) days after such
non-attendance he/she files a written statement with the local recording
secretary of the reasons for his/her non-attendance. If the local executive board does not,
within thirty (30) days of the receipt of such statement, challenge the truth of
adequacy of the stated reasons, the member shall, for the purposes of this
section, be deemed to have attended such meeting. Should the local executive board
challenge the stated reasons, it shall afford the member to establish, to the
satisfaction of the board, the truth and adequacy of his/her stated
reasons.
Section 7. Any member in good standing who believes
that he/she has been improperly denied the opportunity to be a candidate for an
elective office or position, or who believes that an election in which he/she
was a candidate was improperly conducted, may file a complaint with his/her
local executive board. If he/she is
dissatisfied with the action of the local executive board on his/her complaint,
he/she may, within 15 days thereafter, or within 30 days after filing his/her
complaint with the local executive board if the board has not taken final action
thereon within that time, file an appeal to the international union pursuant to
article XXII of this constitution.
|
Article
XVI Duties of local
officers |
Section 1. The president shall preside at all
meetings of the local union, the local executive board and joint executive
committee. He/she shall sign all
orders on the financial secretary-treasurer authorized by the local executive
board and shall countersign all checks issued by the financial
secretary-treasurer against the accounts of the local union on authorization of
the local executive board. He/she
shall enforce the provisions of this constitution. He/she shall appoint all committees not
other wise provided for. He/she
shall perform such other duties as the local union, or the local executive board
may assign to him/her; and except as to powers and duties specifically conferred
on him/her by the constitution, he/she shall adhere to all decisions and
directions of, and be subject to, the local executive board. He she shall be, ex officio, a delegate
to convention of the international union and of all organizations to which the
local is affiliated. He/she shall
be responsible for the proper conduct of the affairs of the local union, and the
compliance by his/her fellow officers with their obligations under the
international constitution and the local bylaws. He/she shall be chairman of the local’s
committee on political education.
Section 2. The vice president shall assist the
president in the discharge of his/her duties, and during his/her absence shall
perform the duties of the president.
In the event that a vacancy occurs in the office of president, the vice
president shall act as president for the unexpired term. Where the local bylaws proved for more
than one (1) local vice president and where the bylaws are silent as to which of
the vice presidents shall perform the duties of an absent president or shall
succeed to the presidency in the event of a vacancy, the local executive board
may make such a designation. A
president so designated shall no be ex officio a delegate to an international
convention, unless all the vice presidents of the local are ex officio delegates
under the local bylaws.
Section 3. The recording secretary shall deep
correct minutes of all meetings of the local executive board and of the joint
executive committee. He/she shall
issue the call for all meetings of the local union, of the local executive board
and of the joint executive committee, as directed by the local executive
board. He/she shall perform such
other duties as are prescribed by this constitution or by the local executive
board. In a local union where the
office of recording secretary is merged with the office of local financial
secretary-treasurer, the posers and duties of the recoding secretary shall vest
in the office of the financial secretary-treasurer.
Section 4. The financial secretary-treasurer shall
receive all monies paid into the local union, including monies received for
welfare or special funds, and give official receipts for all such monies
received using the triplicate receipt book supplied by the international union
or a form approved by the international administrative
committee.
He/she shall deliver the
original receipt to the payer, a triplicate thereof to the international
secretary-treasurer and shall retain the duplicate in the files of the local
union. He/she shall deposit all
monies received in the name and number of the local union in such bank or banks
as the local executive board may direct.
He/she shall sign all checks.
He/she shall make no
payments by cash, check or otherwise, unless such payment is supported by a
voucher duly completed pursuant to the rules and regulations established by the
international administrative committee.
Such vouchers shall be preserved by him/her successors for at least five
(5) years.
He/she shall keep regular
books and records of the local’s finances pursuant to the rules and regulations
established by the international administrative committee.
He/she shall report monthly
to the local executive board and the international secretary-treasurer on the
forms approved by the international union.
He/she shall submit, at least once each year, such books, record,
vouchers and other supporting data for inspection and audit to a certified
public accountant, the cost of the audit to be borne by the local union. Should the audit report fail to comply
with the requirements and specifications established by the international
secretary-treasurer, the latter shall have the power to designate another
certified public accountant to make a further audit at the cost and expense of
the local union. Not less than
thirty (30) days before the start of any audit arranged for by a local union,
the local financial secretary-treasurer shall forward to the international
secretary-treasurer the name and address of the certified public accountant who
is to conduct the audit.
At
the request of a local union, the international administrative committee shall
have the power to waive the requirement that the audit be conducted by a
certified public accountant and substitute another form of audit satisfactory to
the international administrative committee.
He/she shall be the
custodian of the seal of the local union.
He/she shall keep and supply
to the international secretary-treasurer a correct record of the full names and
addresses of all members, and promptly notify the international
secretary-treasurer of the names and addresses of all members who leave the
local or who are suspended or expelled.
Before entering upon his/her
duties, the financial secretary-treasurer shall deliver a bond as required by
the international union and in an amount to be determined by the international
secretary-treasurer shall deliver a bond as required by the international union
and in an amount to determined by the international secretary-treasurer based on
the audit report of the certified public accountant, but less than five hundred
dollars ($500). The premium on said
bond shall be paid out of the funds of the local union.
He/she shall deliver to
his/her successor all monies and other property of the local union. On demand of the international union,
he/she shall make available all books and records including the records of any
welfare or special fund for examination and audit.
Section 5. The officers of the local union shall be
the trustees of the property of the local union, subject to the direction of the
local executive board, and delver such bond as required by
law.
|
Article
XVII Finances |
Section 1. (a) Effective January 1, 1978, the
minimum monthly dues for membership in the transport workers union shall be two
times the hourly wage rate on the first day of the dues month, or $10.50,
whichever is greater. For members
on a monthly pay base, the hourly wage rate shall be arrived at by dividing the
monthly pay by 173.3.
(b)
The hourly wage rate and the
monthly pay shall include cost-of-living allowances and longevity pay, but shall
exclude overtime and shift differentials.
(c)
No member shall be required
by the provisions of paragraph (a) above to pay a monthly dues rate during any
one calendar year more than four dollars above his/her monthly dues date in
effect on December 31, of the previous year, except to the extent that the
increase above four dollars results from promotional, or longevity increases, or
from a step-up in a wage scale. The
international executive council shall have the authority to grant the petition
of a local union to retain the two solar limitations where, in the judgment of
the council, the good of the union requires it.
The
international administrative committee is authorized and empowered to
substitute, for the individual hourly rate of each member, the average or the
weighted average or their reasonable equivalent of the hourly rates of any group
of member in a bargaining unit, or local union unit, or any other appropriate
unit basis.
Such action of the committee
shall be effective as of the date fixed by the committee but shall be subject to
review by the international executive council at its next succeeding
meeting
Section 2. An initiation fee or rate of dues / in
excess of the minimums specified in section 1 above may be established only by a
bylaw provision.
Section 3. Effective January 1, 1982, the per
capita tax payable for each calendar month, by each local to the international
union shall be thirty (30%) percent of the total of dues and agency shop fees
received by the local in each such month, and shall be forwarded to the
international secretary-treasurer on or before the tenth (10th) day
of the following month. Where
implementation of this section would require an increase, in any calendar year,
of more than two percentage pints in the per capita payments in the previous
calendar year, such increase shall be limited to two percentage
points.
Section 4. (a) Any member who is prevented by
illness, injury, or lay-off from earning any wages in a calendar month shall be
excused from paying dues for such month and such nonpayment shall not affect his
good standing. For the purposes of
this paragraph, the word “Wages” shall be construed to include any monetary
compensation, totaling seventy-five (75%) percent or more of the member’s
regular monthly income from his/her employment, payable to an ill or injured
worker under applicable law, and/or injured worker under applicable law, and/or
pursuant to a collective bargaining agreement. In order to be excused, such member
shall be required to file with his/her local financial secretary-treasurer a
request for
Section 3. Effective January 1, 1982, the per
capita tax payable for each calendar month, by each local to the international
union shall be thirty (30%) percent of the total of dues and agency shop fees
received by the local in each such month, and shall be forwarded to the
international secretary-treasurer on or before the tenth (10th) day
of the following month. Where
implementation of this section would require an increase, in any calendar year,
of more than two percentage points in the pre capita payments in the previous
calendar year, such increase shall be limited to two percentage
points.
Section 4. (a) Any member who is prevented by
illness, injury, or lay-off from earning any wages in a calendar month shall be
excused from paying dues for such month and such nonpayment shall not affect his
good standing. For the purposes of
this paragraph, the word “Wages” shall be construed to include any monetary
compensation, totaling seventy-five (75%) percent or more of the member’s
regular monthly income from his/her employment, payable to an ill or injured
worker under applicable law, and/or pursuant to a collective bargaining
agreement. In order to be excused,
such member shall be required to file with his/her local financial
secretary-treasurer a request for exoneration on the official form supplied by
the international secretary-treasurer.
The exoneration shall not be effective unless and until approved and
countersigned by the local financial secretary-treasurer, and approved by the
local executive board. A substitute
exoneration procedure may be adopted in any local whose method of collecting and
crediting dues payment makes a substitute procedure more practical or more
efficient, provided that the substitute procedure is approved by the
international administrative committee.
(b) After three consecutive
months’ approved exoneration because of lay-off, a laid-off member shall be
required to pay his/her dues to retain his/her good standing membership, or to
accept an honorary withdrawal card.
After twelve consecutive months’ approved exoneration because of illness
or injury, any such ill or injured member shall be required to pay his/her dues
to retain his/her good standing membership, or to accept an honorary withdrawals
card. A member shall not be
considered to be in good standing during any period for which he/she holds an
honorary withdrawal card.
(c) Each exonerated member shall
be listed by name, together with the reason for the exoneration on the monthly
report of the local financial secretary-treasurer to the international
secretary-treasurer.
Section 5. When any local union fails to report and
remit to the international secretary-treasurer the full amount of initiation
fees and dues and international assessments as provided for herein, the
international secretary-treasurer shall notify the local president and the local
recording secretary of the fact, and ailing to receive a satisfactory response
within thirty (30) days thereafter, the international administrative committee
may suspend such local union. The
international secretary-treasurer may publish and distribute a delinquent list
of all such local unions so suspended.
Section 6. Local unions placed on the delinquent
list shall not be reinstated until they have filed all delinquent reports and
have complied with any penalties prescribed by the international executive
council.
Section 7. Should any local union fall more than
sixty (60) days in arrears in the payment of its per capita tax, the
international administrative committee shall have the authority to, and may
require, those employer which deduct and forward employee dues and agency shop
fees to such local, to pay over the monies so deducted to the international
secretary-treasurer. The
international secretary-treasurer shall retain the per capita tax payable on
such monies and all or part of the balance at his/her discretion until the
local’s indebtedness to the international has been satisfied. Thereafter, the international
secretary-treasurer shall pay over to the local the amount periodically received
from the employers, less the applicable per capita tax. The international administrative
committee may restore the payment of the dues and agency shop fees by the
employers directly to the local upon receipt of satisfactory assurances that the
local will meet its per capita obligations as they fall
due.
Section 8. The international executive council
shall have the power to relieve a local union or its members from the
obligations or any of them imposed by this article where the council considers
such relief necessary or advisable for the good of the
union.
|
Article
XVIII Non-compliance with
constitution-Special provisions |
Section 1. In the event of a suspension of a local
union, the members thereof and the local union shall not be deemed to be in good
standing during the period of suspension.
Section 2. After the charter of a local union has
been revoked, the international administrative committee may charter a new local
union having the same jurisdiction as the local union whose charter was
revoked. The members of the local
union whose charter was revoked may be readmitted only by action of the
international administrative committee.
Section 3. Should any local union, its officers, or
members, engage in activities in violation of this constitution, or of the
principles or objects set forth herein, the international administrative
committee may, in an emergency, with approval in writing or by telegram of a
majority of the individual members of the international executive council,
appoint an administrator of the affairs of such local union, who shall forthwith
take over and conserve the assets of such local union and shall have sole and
exclusive authority to speak and act for such local union and to administer its
affairs pending conclusion of the procedure set forth in section 4 or section 5
of article V.
|
Article
XIX Discipline |
Section 1. A charge by a member or members in good
standing that a member or members have violated this constitution or engaged in
conduct unbecoming a member of the union must be specifically set forth in
writing and signed by the member or member making the charge. The charge must state the exact nature
of the alleged offense or offenses and, if possible, the period of time during
which the offense of offenses allegedly took place. Two (2) or more members may be jointly
charged with having participated in the same act or acts charged as an offense
or with having acted jointly in commission of such an offense and may be jointly
tried.
Section 2. Charges must be submitted to the
recording secretary of the local union within sixty (60) days of the time the
complainant first became aware, or reasonably should have been aware, of the
alleged offense, provided, that if the charges are against the recording
secretary, they shall be submitted to the president of the local union, and
provided further that charges preferred against one for acts or conduct
detrimental to the interest of the union or its member, committed while he/she
was out of the union on withdrawal card, shall be submitted within sixty (60)
days from the time of the deposit of his/her withdrawal
card.
Section 3. Upon charges being submitted, it is
mandatory that a trial be held unless the charges are withdrawn by the accuser
or considered by the local executive board to be improper under this
article. Prior to the notification
to member that charges have been filed against him/her, the local executive
board shall review the charges and consider them improper
if:
(a) The charges do not state the
exact nature of the alleged offense as required by section 1 of this
article;
(b) The charges are untimely
under section 2 of this article;
(c) The act complained of does
not sustain a charge of a violation of the constitution or conduct unbecoming a
member of the union:
(d) The charges involve a
question, which should be decided by the membership at a membership meeting and
not by the trial procedure.
If,
pursuant to the above, the charges are determined to be improper, the charging
member shall be so notified in writing.
The local executive board’s decision may be appealed to committee on
appeals.
Section 4. A member against whom charges have been
filed may be suspended pending trial from any elective or appointive office or
position he/she may hold in his/her local union by a two-thirds (2/3) vote of
the local executive board.
Section 5. The following enumerated acts are set
forth as typifying conduct unbecoming a member of the union. This enumeration shall not be construed
to exclude from disciplinary action other forms of unbecoming
conduct.
(a) Violation of any of the
provisions of this constitution, any collective bargaining agreement or working
rule of the local union:
(b) Obtaining membership through
fraudulent means or by misrepresentation;
(c) Maliciously institutioning,
or urging or avocation that a member of any local union institute action in a
court against any local union institute action in a court against the
international union or any of its officers or against any local union, or any of
its officers without first exhausting all remedies through the forms of appeal
of the international union;
(d) Advocating or attempting to
bring about the withdrawal from the international union of any local union or
any member or group of members;
(e) Maliciously publishing or
circulating among the membership false reports or
misrepresentations;
(f) Working in the interest of
or accepting membership in any organization dual to the international
union;
(g) Willfully wronging a member
of the international union;
(h) Using abusive language or
disturbing the peace or harmony of any meeting in or around any office or
meeting place of the international union or local union;
(i)
Fraudulently receiving any
money due the organization or misappropriating the monies of the
organization;
(j)
Charging interest directly
or indirectly in excess of the legal rate of interest to fellow
employees;
(k) Using the name of the local
union or of the international union, or its emblem, for any unauthorized
purpose;
(l)
Furnishing a complete or
partial list of the membership of the international union or of any local union
to any person or persons other than those whose official position entitles them
to have such a list;
(m)
Deliberately interfering
with any official of the international union in the discharge of his/her
duties;
(n) Being a member, consistent
supporter of or active participant in the activities of the communist Party, or
of any Fascist, Totalitarian or other subversive organization which opposes the
democratic principles to which our nation and our union are
dedicated;
(o) By act, omission or conduct
prejudicing or damaging the interests and welfare of the international union or
of his/her local union.
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Article
XX Trial of
members |
Section 1. In the event that the local executive
board decides that the charges warrant a trial, the local executive board shall
elect a trial committee of three members in good standing and shall designate a
member in good standing to present the charges before the trial committee. The members of the trial committee shall
be selected by the executive board specifically for the trial of such charges
and no officer or member who is a party or directly interested in such charges
shall act as member of the trial committee.
Section 2. Promptly after the selection of the
trial committee, the recording secretary shall mail a copy of the charge, by
registered mail, to the accused member at his/her last known address, together
with a statement containing the names of the trial committee and the time and
place of the hearing, which shall be not less than one (1) week nor more than
four (4) weeks after the mailing of the notice. Such information shall also be given to
the member of members who prefer charges.
Section 3. The accused may challenge any member of
the trial committee on the ground that he/she is a party to or directly
interested in such charges. The
challenge must be made to the local executive board within one (1) week after
notification to the accused of the names of the trial committee. If the challenge is sustained, the local
executive board shall replace the challenged member of the trial committee and a
new trial date set if necessary to afford the accused reasonable
notice.
Section 4. The accused shall have the right to be
represented before the trial committee by any member of the local union in good
standing. In the event that the
accused fails to appear at the hearing at the time and place provided in the
notice served upon him/her, and presents no acceptable excuse for absence, the
hearing shall proceed with the same force and effect as if he/she were
present.
Section 5. Within seven (7) days after the
conclusion of the hearing, the trial committee shall report its findings and
recommendations to the local recording secretary/
Section 6. The local executive board shall take
such action on the report of the trial committee as it may deem proper, and in
the event the accused is found guilty of the charges preferred against him/her,
shall impose such uniformly applied penalties as in its judgment it may deem
fitting and proper and including ineligibility to hold any office or appointive
position in the local or international union for a period not exceeding three
years.
Section 7. If any officer of the local union is
found guilty of charges preferred against him/her, the local executive board may
remove him/her from office in addition to any other uniformly applied penalty it
may impose including ineligibility to hold any office or appointive position in
the local or international union for a period not exceeding three
years.
Section 8. The decision of the local executive
board shall be communicated in writing, registered mail, by the recording
secretary to the accused within seven (7) days after the meeting of the
board.
Section 9. A member who has been found guilty of
charges preferred against him/her pursuant to this article shall have the right
to appeal to the international committee on appeals, provided that he/she files
a notice of appeal with the international secretary-treasurer within fifteen
(15) days after receipt of the decision of the local executive board. The notice of appeal shall consist
of:
(a)
A copy of the charges
preferred against him/her;
(b)
A copy of the decision of
the local executive board; and
(c)
The appellant’s statement of
reasons why the decision of the local executive board should be set aside or the
penalty modified.
Section 10. Any higher body to which an appeal from
the decision of the decision of the local executive board is made shall have the
authority to affirm or reverse the decision, or to modify the decision, or to
order a new trial.
Section 11. A member, who is under suspension from
membership, including a temporary suspension pending hearing or trial, shall be
required to pay all dues during the period of suspension.
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Article
XXI Suspension of local
officers |
Section 1. Any officers of a local union, or of a
branch, section, or division thereof, who fails or refuses to adhere to, or
carry our, the instructions, directions, or decisions of the local executive
board or of the local union or of the international executive council, or who
acts in violation of the constitution, may be suspended forthwith by the local
executive board, or by the international executive
council.
Within five days of such
suspension, the suspended officer shall be given a written statement of the
reasons for his/her suspension, and within fifteen (15) days thereafter, he/she
shall be given the opportunity to appear and explain his/her conduct to such
board or council. He/she shall have
the right to call any member of the local union as a witness and shall have the
right to cross-examine any witness or any member of the local union or of the
international executive council who speaks against him/her/ A stenographic
record shall be made of the proceedings of such hearing, a copy of which shall
be furnished to the suspended officer.
Upon the conclusion of such hearing the board or council shall decide
whether the evidence warrants removal of the officer and shall either reinstate
the accused to his/her office or remove him/her from his/her office, or may take
appropriate action.
The
officer this removed may follow the appellate procedure set forth in article
XXII.
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Article
XXII Appeals |
Section 1. The international executive council
shall appoint a committee on appeals to consist of five (5) members of the
council. The committee on appeals
shall have the power to decide all appeals from local unions and their members
in any matter relating to the application of this constitution or the by-laws of
the local union. When the decision
of the committee on appeals is unanimous, such decision may be appealed only to
the next international convention, except only that the council may, on its
motion, decide to review the appeal, and upon such review, may affirm, overrule
or modify the decision of the committee on appeals. When the decision of the committee on
appeals is not unanimous, any party to the dispute may, as a matter or right,
appeal such decision to the full council.
The decision of the council may be appealed only to the international
convention.
Section 2. Any member in good standing may, after
exhausting available remedies in his/her local union, appeal to the
international union (a) from any action or decision of his/her local union which
he/she believes to be in violation of this constitution or of the by-laws of
his/her local union; or (b) from any decision of his/her local union pursuant to
article XX or article XXI of this constitution; or (c) from any other act or
decision which, under this constitution or his/her local by-laws, is subject to
appeal to the international union.
Section 3. Unless otherwise provided in this
constitution or in his/her local by-laws, the appellant must file his/her appeal
in writing with the international secretary-treasurer within thirty (30) days
after the decision or action from which the appeal is taken, except only that
the committee on appeals may extend such filing period for good
cause.
Section 4. An appeal to the international executive
council shall be filed no later than twenty (20) days after notice of the
decision of the committee on appeals.
Section 5. When any act or decision of a local union
is reversed or modified on appeal, the international executive council may in
its discretion require the local union to compensate the appellant for any loss
incurred as a result of the reversed or modified decision.
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Article
XXIII Grievances |
Section 1. Filing complaints: Any member of a local union or the
section of a local union where sections are established, feeling that he/she has
been unjustly dealt with by the employer or the employer’s agents, shall file
with the local union or section or such officer as may be designated, his/her
complaint, the form for which shall be furnished by the local union. Such complaint shall be referred to the
section committee of local union representative for determining its merits and
the handinling of same with the management for adjustment.
Section 2. Reports: The officer or officers handling the
complaints with the management shall report their conclusions to the local union
or section as the case may be. In
the event the handing with the management is not satisfactory, it shall be the
duty of the local union or section involved to consider the
matter.
Section 3. Action: The local president or his/her
representative shall be called upon to adjust any grievances that the section is
unable to settle satisfactorily. It
shall be the policy of the international union to provide, where it is lawfully
possible, for an expedited arbitration procedure with a permanent neutral for
the purpose of resolving grievances against management.
Section 4. (a) The local union to which the member
belongs shall act exclusively as his/her agent to represent him/her in the
presentation, maintenance, adjustment and settlement of all grievances and other
matters relating to terms and condition of employment or arising out of the
employer-employee relationship, unless the international union is a party to the
collective bargaining agreement.
(b)
This section imposes no
obligation on the international union, or on the local union, to process every
grievance or complaint, or to take any particular grievance to arbitration, or
to sue on behalf of, or defend any member in any court proceeding. The obligation is to represent fairly
and in good faith free from hostile discrimination.
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Article
XXIV Collective bargaining
and contracts |
Section 1. Collective bargaining on behalf of any
membership group shall be guided by the collective bargaining program and policy
of the previous convention.
Section 2. Any proposed agreement shall be subject
to ratification by the members covered by such proposed
agreement.
Section 3. No member or members shall negotiated or
confer with any management or agents thereof, without due authority, on matters
pertaining to wages, hours or working conditions.
Section 4. (a) The
international president shall b3e notified of all collective bargaining
negotiation; copies of all proposed demand shall be forwarded to him/her in
advance of the negotiation; he/she or any representative designated by him/her
shall have the right to participate in any negotiations to the extent of having
a voice therein, by shall not have a right to vote in any decision of a local
union in connection with negotiations.
(b)
Every collective bargaining
agreement shall require the written approval of the international president
before becoming a binding obligation on any member or on any local union. Such approval may be given in the name
of the international president by his/her authorized
designee.
Section 5. No officer, member, representative or
agent of the international union or of any local union or of any subordinate
body of the international union shall have the poser or authority to counsel,
suse, initiate, participate in or ratify any action which constitutes a breach
of any collective bargaining contract duly entered into.
Section 6. No local union or other subordinate
body, and no officer, agent, representative or member thereof shall have the
power of authority to represent, act for, commit or bin the international union
in any matter except upon express authority having been granted therefore by
this constitution or in writing by the international president or the
international executive council.
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Article
XXV Strikes |
Section 1. A strike of member of this union shall
not be authorized or approved except under the following
conditions;
(a)
A vote is taken among those
members who would be direct participants in the strike and the strike action is
approved by a majority of those voting.
(b)
The international president
has been kept fully informed of the conditions leading up to the strike decision
and has approved the calling of the strike.
(c)
Where all of the members who
would directly participate in the strike are members of a single local union,
the strike is approved by the local executive board of such local
union.
(d)
Where the members who would
directly participate in such strike are members of more than one local union,
the strike action is approved by the international administrative
committee.
Section 2. Once a strike of members of a single
local union has been called, it can be declared off only by the local executive
board of the local union. Where
member of more than one local union are direct participants in the strike
action, the strike can be called off only by the international administrative
committee.
Section 3. Neither a local union nor any member
thereof shall receive any strike aid or other strike benefits in any case where
the foregoing provisions of this article have not been complied
with.
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Article
XXVI General
Provisions |
Section 1. No member shall draw two (2) salaries
from the transport workers union of America and/or local or any subdivision
thereof.
Section 2. All announcements appearing on pages of
the official transport workers union publication shall be considered due and
proper notice.
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Article
XXVII Referendum |
Section 1. When the international executive council
decides to submit any matter or question to a referendum of the membership of
the international union, either pursuant to the requirements of this
constitution, or to the requirements of any law, or in the exercise of the
council’s judgment, the council shall decide whether to conduct the referendum
directly or through the local unions.
Section 2. In either event, the council shall
appoint a referendum committee, to promulgate the rules and procedures to govern
the referendum and to supervise the conduct of the referendum. The referendum shall be conducted in
such a manner as to ensure that the member expressing his/her choice with
respect to the issue submitted cannot be identified with the choice
expressed.
Section 3. Direct Referendum- Where the council has
decided on a direct referendum, the international secretary-treasurer shall
promptly require each local union to submit to him/her, within fifteen (15) days
from receipt of the request, an up-to-date, corrected list of the names and
addresses of its members in good standing, certified by the local president and
financial secretary-treasurer. The
ballots shall be uniform and shall be mailed within a single twenty-four (24)
hour period by the international secretary-treasurer to the members of the
international union in good standing.
The dates for the returning and for the counting of the ballots shall be
fixed by the referendum committee, which shall be responsible for the prior
counting of the ballots and the certification of the result. The International secretary-treasurer
shall preserve for at least one (1) year the ballots and all other records of
his/her office and of the referendum committee pertaining to the
referendum.
Section 4. Referendum by local union- When the
council decides to conduct the referendum through the local unions, the
international secretary-treasurer shall send by registered mail to each local
union as many ballots as there are, according to his/her records, members in
good standing in each respective local union. The ballots shall be uniform. The referendum committee shall fix the
date and manner of voting in each local union and shall determine the manner in
which the votes shall be counted.
The tally of the voting in each local union shall be signed and certified
by the local president and the local financial secretary-treasurer who shall
preserve them for at least one (1) year, together with all other records of
his/her office and of the referendum committee, pertaining to the
referendum. The referendum
committee shall tally and certify the results of the
voting.
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Article
XXVIII Education |
Section 1. Education shall be an integral part of
the business of the international union and of each local union, particularly
education in labor history, labor problems, the objectives of the international
union, the problems of the international union, its members and their families
and the areas of the welfare of our country on which the welfare of labor has
the greatest impact. To this end,
and to the development of a sound and informed loyalty to the transport workers
union of America and the labor movements in general, there shall be maintained
and international education department.
Section 2. The international president shall have
the power to appoint an education director and fix his/her compensation and
expenses subject to the approval of the international administrative
committee.
Section 3. Each local union shall set up and
maintain an education committee under the direction of the international
education director. The duties of
this committee shall be to promote all branches of education affecting the
welfare of the individual members, the local union, the international union, and
the labor movement.
It
shall be the duty of the international representatives to see that this
provision of the constitution is carried out in the areas in which they
serve.
Section 4. Each local union shall designate a
member whose duty it shall be to report the news and activities of the local
union to the official international publication.
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Article
XXIX Retiree
organizations |
The
international administrative committee may charter a retiree organization or
organization consisting of former members of the union who retired and who at
the time of retirement were good standing members of the union. Each such organization shall adopt
appropriate by-laws, subject to the approval of the international administrative
committee.
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Article
XXX Amendments |
Section 1. This constitution may be amended by
either of the following methods:
1.
By any regular convention,
or by any special convention called specifically for such purpose, by a vote of
two-thirds (2/3) of the delegates voting on the amendment.
2.
By a majority of those
voting in a referendum of the membership of the international union. The international executive council
shall conduct such a referendum on its own motion, or if at least one-third
(1/3) of the local unions, representing one-third (1/3) of the membership,
approved the proposed amendments and request such
referendum.
List of motions with
peculiar characteristic
Things you may do when
another member has the floor;
1.
Rise to a point of order,
point of information, or question of privilege.
2.
Object to the consideration
of a question.
3.
Move to
reconsider.
Motions that cannot be
amended;
1.
To adjourn (if the motion is
to adjourn at a particular time it can be amended).
2.
To table, or take from the
table.
3.
To
reconsider.
4.
To call for the “previous
question.”
5.
To suspend the
rules.
6.
To object to the
consideration of a question.
7.
To postpone
indefinitely.
Motions that cannot be
debated;
1.
To fix a time to adjourn, or
to adjourn.
2.
To object to the
consideration of a question.
3.
To table, or to take from
the table.
4.
To call for the previous
question.
5.
To limit or extend
debate.
6.
To appeal from the decision
of the chair (except for chairman and member appealing).
7.
To withdraw a
motion.
8.
To suspend the
rules.
Motions that do not require
a second.
1.
To object to the
considerations of a question.
2.
To withdraws a
motion.
3.
To call for the division of
the house on a vote.
4.
To nominate a member for
office.
Motions that require a
two-thirds vote.
1.
To suspend the
rules.
2.
To sustain an objection to
the consideration of a question.
3.
To rescind (except as noted
in the text).
Suggested order of business
for the guidance of local unions.
1.-
Call to order by President.
2.-
Pledge of allegiance to the flag of the United States. (for local union in the United
States.)
3.-
Roll call of officers.
4.-
Reading of minutes of previous meeting.
5.-
Report of membership committee.
6.-
Acceptance and obligation of new members.
7.-
Reading of communications.
8.-
Reading of bills or accounts by secretary or treasurer.
9.-
Executive board report.
10.- Treasurer’s report on
receipts and expenditures.
11.- Report of
committees.
12.- Unfinished
business.
13.- New
business.
14.- Good and
welfare.
15.-
Adjournment.
