ORDER OF BUSINESS
1. Call the Meeting to Order.
2. Warden, Take Charge of the Door.
3. Conductor, Take up the Password.
4. Salute to the Flag.
5. Roll Call of Officers by the Recording Secretary.
6. Reading the Minutes.
7. Report of new Members Initiated or Transferred
in Last Meeting.
8. Communications and Bills.
9. Reports of Accidents, Sickness or Death.
10. Appropriations of Money (Drawing Orders for Bills).
11. Reading by President of Receipts from General Secretary
Treasurer for Moneys Sent to the General Office (and from
District Councils where such exists).
12. Election and Installation of Officers.
13. Reports of Officers, Delegates and Committees.
14. Good of the Order.
15. Any Member Out of Work?
16. Can Anyone Report Where Members May Procure Employment?
17. Unfinished Business.
18. New Business.
19. Detailed Receipts and Expenses (to be read by the Secretaries).
20. Adjournment
| Section | Page | |
| NAME OF
ORGANIZATION..................................................................................... OBJECTS..................................................................................................................... OUR PRINCIPLES ..................................................................................................... GENERAL OFFICE HEADQUARTERS .................................................................... PRINTING PLANT..................................................................................................... JURISDICTION ......................................................................................................... TRADE AUTONOMY................................................................................................ LAWS.......................................................................................................................... GENERAL OFFICERS AND ELECTIONS................................................................ GENERAL PRESIDENT.............................................................................................. FIRST GENERAL VICE PRESIDENT ....................................................................... SECOND GENERAL VICE PRESIDENT.................................................................. GENERAL SECRETARY-TREASURER.................................................................... GENERAL EXECUTIVE BOARD............................................................................. BOARD OF TRUSTEES ............................................................................................ REVENUE................................................................................................................... GENERAL CONVENTION....................................................................................... ORDER OF PROCEDURE......................................................................................... DUTIES OF OFFICERS AT CONVENTION ........................................................... GENERAL PRESIDENT............................................................................................. GENERAL SECRETARY-TREASURER.................................................................... GENERAL EXECUTIVE BOARD.............................................................................. BOARD OF TRUSTEES ............................................................................................ PERIOD COVERED BY REPORTS .......................................................................... JURISDICTION AND POWERS OF LOCAL UNIONS........................................... JURISDICTION AND POWERS OF DISTRICT COUNCILS.................................. JURISDICTION OF STATE AND PROVINCIAL COUNCILS ............................... JURISDICTION OF AUXILIARY UNIONS AND COUNCILS............................... ADMISSION OF LOCAL UNIONS.......................................................................... SUSPENDED AND LAPSED LOCAL UNIONS AND COUNCILS........................ |
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3 |
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NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE
BODIES
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II
NAME OF ORGANIZATION
A Section 1. This organization shall be known as the United Brotherhood of Carpenters and Joiners of America, and shall consist of an unlimited number of Local Unions and members subject to its laws and usages and shall not be dissolved while there are three (3) dissenting Local Unions.
B The following abbreviations, when used in the United Brotherhood, shall have these meanings, viz:
U. B., U. B. C., or United Brotherhood- United Brotherhood of Carpenters and
Joiners of America
G. E. B. General Executive Board.
B. of T.-Board of Trustees.
S. C.-State Council.
P. C. Provincial Council.
D. C.--District Council.
G. P.--General President.
1st G. V. P.--First General Vice President.
2nd G. V. P.-Second General Vice President.
G. S. T.--General Secretary Treasurer
L. U.--Local Union.
R. S.--Recording Secretary.
FS·--Financial Secretary.
G. O. General Office.
B. R--Business Representative.
OBJECTS
Section 2. The objects of the United Brotherhood are: to organize workers, to
encourage an apprenticeship system and a higher standard of skill, to develop,
improve and enforce the program and standards of Occupational Safety and Health,
to cultivate friendship, to develop good public relations in the community, to
assist each other to secure employment, to reduce the hours of daily labor, to
secure adequate pay for our work, to establish a Weekly pay day, to promote the
estab-
lishment of fringe benefit plans for our members through the collective
bargaining process, to coordinate bargaining toward the goal of taking wages out
of competition, and by legal and proper means to elevate the moral, intellectual
and social conditions of all our members and to improve the trade in every way
possible.
OUR PRINCIPLES top
Section 3. We, as a body, pledge ourselves to give full support to the objects of the American Federation of Labor and Congress of Industrial Organizations and the Canadian Labour Congress consistent with the Objects and Principles of the United Brotherhood and its Constitution and Laws.
UNION MADE GOODS
Member of this organization should make it a rule to purchase goods and services which bear the trade-mark of organized labor or are made or provided by union members, and to support businesses and individuals that respect and honor the goals and principles of the labor movement.
LABOR LEGISLATION
It is of the greatest importance that members should vote intelligently, hence the members of this Brotherhood shall strive to secure legislation in favor of those who produce the wealth of the country, and all discussions and resolutions in that direction shall be in order at any regular meeting.
LABOR DAY
The working men and women of America are honored each year on Labor Day. Labor Day is of special significance to the members of the United Brotherhood because its founder (Peter I. McGuire), the father of Labor Day, was a General Officer of the United Brotherhood. We, therefore, urge each member and
each subordinate body of the United Brotherhood to observe Labor Day in a manner appropriate to its purpose and urge each member to participate as fully as may be possible in Labor Day programs in which his or her Local Union takes part.
FAITHFUL WORK
We hold it as a sacred principle that Trade Unionists, above all others, should
set a good example as good and faithful workers, performing their duties to
their employers with honor to themselves and their organization. We do not
recognize the practice of grading skilled workers.
SHORTER HOURS OF LABOR see also
We hold a reduction of hours for a day's work increases the intelligence and happiness of the laborer, and also increases the demand for labor and the price of a day's work. We advocate the adoption of the Five-Day, Thirty-Hour Work Week and urge all Local Unions to put this into effect as soon as possible.
OTHER INTERESTS
We recognize that the interests of all labor are identical regardless of
occupation, sex, nationality, religion, or color, for a wrong done to one is a
wrong done to all. We object to prison contract labor because it puts the
criminal in competition with honorable labor for the purpose of cutting down
wages, and also because it helps overstock the labor market.
GENERAL OFFICE HEADQUARTERS
Section 4. The General Office Headquarters of the United Brotherhood shall be located in Washington, D.C.
PRINTING PLANT
Section 5. The General Executive Board may maintain and operate a printing plant in Washington, D.C.
JURISDICTION
A Section 6. The jurisdiction of the United Brotherhood of Carpenters and Joiners of America shall include all branches of the Carpenter and Joiner trade, the industrial sector, and any kind of work being performed by any members of the United Brother hood. In it shall be vested the power through the international Body to establish and charter subordinate Local and Auxiliary Unions, District, State and Provincial Councils in all branches of the trade, and its mandates must be observed and obeyed at all times.
In view of technological developments and industrial diversification, no type
of employment category shall be excluded from the jurisdiction of the United
Brotherhood, whether or not spelled out in Section 7.
The United Brotherhood is empowered, upon agreement of the Local Unions and
Councils directly affected, or in the discretion of the General President
subject to appeal to the General Executive Board, where the General President
finds that it is in the best interests of the United Brotherhood and its
members, locally or at large, to establish or dissolve any Local Union or
Council, to merge or consolidate Local Unions or Councils, to establish or alter
the trade or geographical jurisdiction of any Local Union or Council, to form
Councils and to permit, prohibit or require the affiliation with or
disaffiliation from any Council by any Local Union, including the right to
establish statewide, province wide and regional Local Unions or Councils having
jurisdiction over specified branches or subdivisions of the trade. The vested
rights of the members shall be preserved and where action as herein described is
taken, the General President and General Executive Board shall preserve the
membership rights of the members of affected Local Unions, including their right
to attend and participate in meetings, to vote, to nominate candidates and to be
nominated and run for office or business representative. In connection with the
foregoing, the General President may, upon finding it appropriate, appoint a
committee to hold hearings upon due notice to directly affected Local Unions or
Councils, and make findings and recommendations.
B The right is reserved to the United Brotherhood through the International Body to regulate and determine all matters pertaining to the various branches and subdivisions of the trade. The General President may designate subdivisions of the trade and may provide such support as he deems appropriate to further the interests of the United Brotherhood and its membership in such trade subdivisions.
C To subordinate Local or Auxiliary Unions, District, State and Provincial Councils the right is conceded to make necessary laws for Locals and District, State and Provincial Councils which do not conflict with the laws of the international Body.
D The United Brotherhood of Carpenters and Joiners of America shall have the right to establish supervision over and to conduct the affairs of any subordinate body (including the removal of any or all officers of such subordinate body) to correct financial irregularities or to assure the performance of collective bargaining agreements and the responsibility of the subordinate body as a bargaining agent or to protect the interests and rights of the members or whenever the affairs of the subordinate body are conducted in such a manner as to be detrimental to the welfare of the members and to the best interests of the United Brotherhood, subject, however, to the provisions of Paragraph H of Section 10. The authority granted to the United Brotherhood herein includes the authority to establish supervision to prevent secession or disaffiliation by any subordinate body or bodies.
E The United Brotherhood shall enact and enforce laws for its government and that of subordinate Locals and Auxiliary Unions and District, State and Provincial Councils and members thereof.
TRADE AUTONOMY
A Section 7. The broad, evolving trade autonomy of the United Brotherhood of Carpenters and Joiners of America includes at ifs core, but is not limited to, the milling, fashioning,
joining, assembling, erection, fastening or dismantling of all material of wood,
plastic, metal, fiber, cork and composition, and all other substitute materials,
as well as the handling, cleaning, erecting, installing, repair, renovation,
maintenance, and dismantling of all machinery, equipment and all materials used
by members of the United Brotherhood.
B Our claim of jurisdiction, therefore, covers all kinds of work being performed by members of the United Brotherhood and includes but is not limited to the following classifications: Carpenters and Joiners; Millwrights; Pile Drivers, Bridge, Dock and Wharf Carpenters, Divers, Underpinners, Timber Workers and Core Drillers; Shipwrights, Boat Builders, Ship Carpenters, Joiners and Caulkers; Cabinet Makers, Bench Hands, Stair Builders, Mill and Factory Workers; Wood and Resilient Floor Layers, and Finishers; Carpet Layers; Shinglers, Siders; Insulators; Acoustic and Dry Wall Applicators; Shorers and House Movers; Loggers, Lumber and Sawmill Workers; Furniture Workers; Reed and Rattan Workers; Shingle Weavers; Casket and Coffin Makers; Box Makers, Railroad Carpenters and Car Builders; Show, Display and Exhibition Workers; and Lathers, regardless of material used; also Public Sector Workers, Health Care Workers, Tile, Marble and Terrazzo Industry Workers and Aerospace Workers; and all those engaged in the operation of woodworking or other machinery required in the fashioning, milling or manufacturing of products used in the trade, or engaged as helpers to any of the above divisions or subdivisions, and the handling, erecting and installing material on any of the above divisions or subdivisions; burning, welding, rigging and the use of any instrument or tool for layout work, incidental to the trade; the erection and placement of all materials used in lathing procedures; and all work with and on robotics, included but not limited to, rigging, handling, installing, maintaining, programming, and use of all stationary and/or portable robots, this includes the use of all robots used in any industry, including the nuclear field. When the terms "carpenter(s)" or "carpenter(s) and joiner(s)" are used, it shall mean all the divisions and subdivisions of the trade.
LAWS top
A Section 8. The Constitution of this organization shall include general laws of
the United Brotherhood and rules for subordinate bodies under its jurisdiction.
The terms "Constitution" and "Constitution and Laws" shall
have the same meaning. All references in the Constitution to the masculine
gender shall automatically include the feminine gender.
B The Constitution and Laws can be amended or altered in conformity with the provisions of Section 59 except as provided for in Section 15A.
GENERAL OFFICERS AND ELECTIONS
A Section 9. General Officers of the United Brotherhood shall consist of a General President, First and Second General Vice Presidents, a General Secretary-Treasurer, and an Executive Board of one member from each district of the United Brotherhood, who shall be exempt from all duties in their respective Local Unions.
B The General Officers shall be elected at the General Convention by a plurality vote of the delegates present and voting by secret ballot. The nominations shall be made on the third day of the first week of the Convention, and the election shall be held on the fourth day of the first week of the Convention.
C The election shall be conducted by an Election Committee, the members of which shall be appointed by the General President. No nominee for General Office shall be eligible to serve on said Committee. Upon completion of the tabulation of the votes, the Election Committee shall report to the General President the names of the General Officers elected and same shall be reported to the Convention, and those elected shall hold office for a term of five (5) years or until their successors are duly chosen and qualified, whichever is later. Each newly elected officer shall be administered the oath of office at the General Convention and shall officially assume his office 45 days after the election or, in the event of an earlier vacancy, at the time such vacancy occurs.
D No member shall be elected or appointed to any General Office, representative
or deputy, or to a Convention unless such member is a citizen of the United
States or Canada.
E A member to be eligible for nomination and election as a General Officer must be present at the time of nomination, or in the anteroom on authorized business, or out on official business, or prevented by accident or sickness or other substantial reason from being present in which case the candidate shall submit a letter of acceptance if nominated, nor shall the member be eligible unless working for a livelihood in a classification within the trade autonomy of the United Brotherhood as defined in Section 7 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time officer or representative; provided, further, that members who are life members, apprentices, trainees or probationary employees shall not be eligible. A member must have been twelve (12) consecutive months a member in good standing in his or her Local Union and a member of the United Brotherhood of Carpenters and Joiners of America for five (5) years immediately prior to nomination. The member shall be required to establish eligibility to the Election Committee to qualify under these provisions of the Constitution and Laws at the time of nomination. To be eligible for nomination or election as a General Officer, a member must meet the requirements of Section 31D.
F No General Officer or Representative of the United Brotherhood shall be subject to charges or trial in any Local Union or District Council.
G Where charges are filed against a General Officer or representative of the
General Office of the United Brotherhood, the Executive Committee of the
District Council or the Local Union may dismiss the charges, or the charges
shall be referred by the District Council or Local Union to the General
Executive Board. The General Executive Board may conduct an investigation and
hearing and dismiss the charges or, in the case
of a General Officer, if it finds upon the entire record that the accused has
violated the Constitution and Laws, may issue a reprimand or may, by a
two-thirds vote, recommend suspension from office. No General Officer shall be
fined or expelled and no General Officer shall be suspended from office except
by a majority vote of the members voting in a general vote of the United
Brotherhood taken in accordance with the Constitution and Laws; provided,
however, that the General Executive Board may suspend the accused pending
determination of the charges by a two-thirds vote of the General Executive
Board. Prior to any general vote taken under this Section, all Local Unions
shall receive a copy of the charges, a summary of the evidence and position of
the parties, and a report of the findings and recommendations of the General
Executive Board. if any, and the same shall be fully published to the
membership. If the General Executive Board finds a Representative guilty of
charges, the Board may fine, suspend or expel the Representative and/or
terminate his or her employment. The authority so granted to the Board does not
supersede the authority of the General President to terminate a Representative
for cause.
GENERAL PRESIDENT top
A Section 10. The General President shall issue and sign all charters, may
grant dispensations in extraordinary cases and shall fill any vacancies among
the General Officers by consent of a majority of the General Executive Board.
The General President shall have the authority to appoint any member as a
Representative to assist in carrying on the affairs of the United Brotherhood.
Such representative shall have the same qualifications as those required by
General Officers When directed by the General President, the Representative
shall assist and advise the officers and Business Representatives of Local
Unions and District Councils. They shall also perform such other duties as
directed by the General President. The compensation for Representatives shall be
fixed by the General President.
B The General President may personally, or by deputy, take possession for examinations of all books, papers and other records, including all financial records, of any Local Union, District Council, State Council or Provincial Council, summarily when necessary, and the same shall remain in possession of the General President within the jurisdiction of the Local Union, District Council, State Council or Provincial Council until a complete report has been made and filed. During said examination a representative of the Local Union, District Council, State Council or Provincial Council may be present.
C The General President may issue charters to Auxiliary Unions.
D The General President may authorize the formation of Retiree Clubs composed of retired members of the United Brotherhood no longer working at the trade.
E The General President shall appoint a permanent Financial Oversight Committee comprised of Local Union and Council representatives, and all other committees unless otherwise provided. All members of the Financial Oversight Committee shall be appointed for a three-year term and shall not serve consecutive terms. The General President shall designate a member of the Financial Oversight Committee as chair for a one-year period, and no member shall serve consecutive periods as chair. The compensation of all members of committees shall be regulated by the General Executive Board.
F The General President shall have the authority to decide all points of law,
grievances and election appeals, under Section 53G, except funeral donations.
All other appeals shall be decided by the Appeals Committee established in
Section 53, except as otherwise provided. The General President shall have the
power to suspend any Local Union, District Council, State Council or Provincial
Council for violation of the Constitution and Laws of the United Brotherhood, or
for willfully or directly violating the Constitution and Laws or principles of
this United
Brotherhood, or acting in such a manner as to undermine its welfare, after due notice and hearing and subject to an appeal to the General Executive Board by the subordinate body involved.
G The General President shall supervise the entire interest of the United Brotherhood, and perform such other duties as the Constitution and Laws of the United Brotherhood may require, and shall by virtue of the office be a delegate to the Conventions of the AFL-CIO and the Building and Construction Trades Department, and such other Departments with which the United Brotherhood is affiliated, and shall submit a quarterly report to the General Executive Board and shall also submit monthly to the General Secretary-Treasurer an itemized account of all moneys expended by the General President on behalf of the United Brotherhood.
H Whenever it appears to the satisfaction of the General President that any
Local Union or member thereof, or any District, State or Provincial Council is
acting contrary to the welfare of the United Brotherhood of Carpenters and
Joiners of America, or that supervision should be established over the conduct
of the affairs of any subordinate body as set forth in Section 6D, the General
President may appoint a committee to hold a hearing, after due notice to such
subordinate body or member. Upon completion of the hearing, the committee shall
report its findings and recommendations to the General Executive Board and to
the member or subordinate body involved. The General Executive Board is
empowered to take such action as is necessary and proper for the welfare of the
United Brotherhood of Carpenters and Joiners of America, subject, however, to
the right of appeal to the next General Convention, to the extent permitted by
Section 53G. If the General President determines that an emergency situation
exists, the General President may appoint a representative to assume supervision
over any Local Union or Council pending the holding of a hearing and the
completion of the proceedings as provided for in this Section.
13
I Where an Auxiliary, Local Union, or District Council, State Council or Provincial Council has asked the assistance of the General Office, the General President may, with the consent of the General Executive Board, make settlement with employers, and the said Auxiliary, Local Union, or District Council, State Council, or Provincial Council must accept the same.
J Whenever, in the judgment of the General President, subordinate bodies or the members thereof are working against the best interests of the United Brotherhood, or are not in harmony with the Constitution and Laws of the United Brotherhood, the General President shall have the power to order said body to disband under penalty of suspension.
K The General President shall have the power to grant dispensation on all
matters which will be beneficial to the United Brotherhood.
L No two subordinate bodies of the Brotherhood shall negotiate for the same
contract with the same employer but if two subordinate bodies do open
negotiations, the General President shall designate the proper bargaining unit
of the Brotherhood which shall complete negotiations for said contract.
FIRST GENERAL VICE PRESIDENT top
A Section 11. The First General Vice President, under the supervision of the General President, shall render such assistance to the General President as may be required and by virtue of the office shall be a delegate to the Convention of the Union Label and Service Trades Department, AFL-CIO. In case of a vacancy in the office of the General President, the First General Vice President shall become General President and perform the duties of that office.
B The First General Vice President shall maintain headquarters at the General Office. The duties of the office shall be to
examine and approve or disapprove all Local Union, District Council, State
Council or Provincial Council Laws. The First General Vice President shall have
charge of and issue the Label and keep a record of same in accordance with the
Constitution and Laws of the United Brotherhood, also keep a record of all union
and nonunion shops, mills and factories, their wages, hours, and conditions for
the General Office. This information shall be made available to Local Unions,
District Councils, State Councils, Provincial Councils, Representatives,
Deputies and Business Representatives. The First General Vice President shall
perform such other duties as may be assigned by the General President.
SECOND GENERAL VICE PRESIDENT
A Section 12. The Second General Vice President shall render such assistance to the General President as may be required and in case of a vacancy in the office of the First General Vice President, shall assume that office and perform the duties of same.
B The Second General Vice President shall assist the General President in the discharge of the duties of that office. In the absence of the General President and the First General Vice President from the General Office, the Second General Vice President shall perform the duties of the General President and when not engaged at the General Office shall devote full time to the interest of the United Brotherhood under the direction of the General President.
GENERAL SECRETARY-TREASURER
A Section 13. The General Secretary-Treasurer shall have the following responsibilities: preserve all important records, correspondence and documents relating to the business of the United Brotherhood; conduct all official correspondence pertaining to the office; sign all charters, if in proper order; have charge of the seal of the United Brotherhood, and affix it
to all important official documents; keep a record of membership status of the
United Brotherhood's members; receive all moneys due from Local Unions and other
sources, giving credit for same; deposit all funds in the name of the United
Brotherhood of Carpenters and Joiners of America in such banks or other
financial institutions as may be designated by the General Executive Board;
invest the funds of the United Brotherhood in accordance with the investment
Policies approved by the General Executive Board; make disbursements for general
operating expenses, claims and bills legally due and those authorized by the
General Executive Board, in accordance with the Disbursements Policies approved
by the General Executive Board and using checks or similar instruments that are
signed by the General Secretary-Treasurer and counter- signed by the General
President or First General Vice-President, or by those fiduciaries designated by
the General President and approved by the General Executive Board; examine and
pay donation claims in accordance with the Laws of the United Brotherhood, order
Local Unions to furnish such evidence and information as may be required to
render decisions in donation claims, and may retain such evidence and papers on
file as the case may warrant, furnishing copies upon the request of the Local
Union; keep a correct financial account between Local Unions and the United
Brotherhood, notifying the Local Unions when two months in arrears, before the
fifteenth day of the third month; submit an itemized statement of revenues and
expenses of the United Brotherhood to the General Executive Board at the
quarterly meetings, submit to them all books and vouchers pertaining to the
office of the General Secretary-Treasurer for inspection and deliver to the
General Executive Board all such books and vouchers when called on to do so; and
perform such other duties as the General Executive Board may require. The
General Secretary-Treasurer shall employ clerical assistance in the office of
the General Secretary-Treasurer at reasonable salaries payable from the General
Fund.
B The General Secretary-Treasurer shall publish "The Carpenter"
magazine pursuant to the schedule decided by the General Executive Board, and
mail a copy of same to the home address of each member; issue the General
Password quarterly, and a General Password to the Auxiliary Unions
semi-annually; publish and forward to the Secretary of each Local Union a
monthly Financial Statement of revenues and expenses; compile, and make
available to each Local Union, District, State and Provincial Councils,
directory information including the addresses and meetings of Local Unions and
Councils.
C The General Secretary-Treasurer shall print the Constitution and Laws of the United Brotherhood in English and any other appropriate language as approved by the General Executive Board, and the interpretation of the Constitution and Laws in the English language shall be the only one by which the United Brotherhood shall be governed.
D The General Secretary-Treasurer shall make an annual report, and shall perform such other duties as are required by the Constitution and Laws of the United Brotherhood. The General Secretary-Treasurer shall by virtue of the office be a delegate to the Conventions of the AFL-CIO and Building and Construction Trades Department.
GENERAL EXECUTIVE BOARD
A Section 14. The General Executive Board between Conventions, in addition to the powers set forth elsewhere in the Constitution and Laws, shall exercise all the executive and judicial power and authority of the United Brotherhood, except such power or authority as may be specifically delegated by the Constitution and Laws to General Officers and Trustees. The General Executive Board shall have the authority to determine the number of its members, the geographical area of the Districts, and to make appropriate provisions for the administration of the various Districts.
B One member of the General Executive Board shall be elected from each District. District No. 1 shall consist of Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont and Puerto Rico. District No. 2 shall consist of Delaware, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia and District of Columbia. District No. 3 shall consist of Illinois, Indiana, Kentucky, Michigan, Ohio and Wisconsin. District No. 4 shall consist of Alabama, North and South Carolina, Florida, Georgia, Louisiana, Mississippi, Tennessee, Canal Zone and Virgin Islands. District No. 5 shall consist of Colorado, North and South Dakota, Iowa, Minnesota and Nebraska. District No. 6 shall consist of Arkansas, Kansas, Missouri, Oklahoma and Texas. District No. 7 shall consist of Alaska, Idaho, Montana, Oregon, Washington and Wyoming. District No. 8 shall consist of Arizona, California, Nevada, New Mexico, Utah and Hawaii. District No. 9 shall consist of New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward island and Quebec. District No. 10 shall consist of Alberta, British Columbia, Manitoba, Saskatchewan, the Yukon Territory and the Northwest Territories.
C The General Executive Board shall be composed of the General President,
First General Vice President, Second General Vice President, General
Secretary-Treasurer, and one member from each of the above districts of the
United Brotherhood, who between Board meetings shall devote their entire time to
the interest of the United Brotherhood, under the supervision of the General
President. The General President shall chair the General Executive Board and the
General Secretary-Treasurer shall be its Secretary; they shall hold quarterly
meetings, or when required, and shall hold special meetings at the call of the
Chair. All correspondence and appeals for the General Executive Board shall be
sent to the General Secretary-Treasurer, who shall present same at the next
regular meeting of the Board. No General Officers shall vote on decisions
rendered by themselves. Proceedings of the Gen-
eral Executive Board shall be published in pamphlet form and sent direct to
Local Unions, District, State and Provincial Councils.
D The General Executive Board shall decide points of law and appeals that may be submitted to it. An appeal to the General Convention shall not operate as a stay of the decision of the General Executive Board except, however, that the General Executive Board shall have the authority to grant a stay of its decision or a decision of the Appeals Committee when in its judgment such action is warranted. A member of the General Executive Board may file charges alleging a violation of the Constitution and Laws against any officer or member of any subordinate body and the processing and trial of such charges shall be conducted under procedures to be established by the General Executive Board. The Chairperson of the General Executive Board shall from time to time designate members of the United Brotherhood to serve on a panel which shall constitute a standing Trial Committee, of which any three (3) or more members may be designated to conduct trial of a case. In all such trials a complete record of the proceedings shall be made. An accused found guilty of violating the Constitution and Laws may be fined, suspended or expelled by majority vote of the Trial Committee subject, however, to appeal to the General Executive Board and the Convention. Appeal of any such decision must be filed with the Secretary of the General Executive Board within thirty (30) days from the date on which notice of the Trial Committee verdict or penalty is mailed to the accused. When an appeal is filed any penalty imposed shall be stayed pending the decision of the General Executive Board. When an appeal is filed, a complete record of the proceedings together with the verdict and penalty of the Trial Committee shall be submitted to the General Executive Board. A finding, verdict or penalty of the Trial Committee may be affirmed, set aside or modified on appeal. A decision of the General Executive Board may be appealed to the Convention under Section 53H.
19
E The General Executive Board shall have power to authorize strikes in conformity with the Constitution and Laws of the United Brotherhood, and when necessary to defend the organization in any locality against the attacks of employers, combinations or lockouts, or any attempt to disrupt or destroy the organization, to support such locality by levying a per capita assessment and by ordering a cessation of work for any employer involved, irrespective of where such work is located; enter into agreement with other organizations with reference to jurisdiction over work; or a general offensive or defensive alliance.
F The General Executive Board shall have power to protect the property and interest of the United Brotherhood in such a manner as they may deem helpful and beneficial.
G The General Executive Board shall have power to disavow agreements that may have been entered into by any subordinate Unions, District, State or Provincial Councils, unless such agreements have been approved by the General President.
H The General Executive Board shall have power to make agreements with employers covering our jurisdiction; provided such agreements require employers to conform with the trade rules of the district where the work is located, or which provide special terms and conditions found by the General Executive Board to be appropriate to a particular industry or type of work. In negotiating pension, health and welfare and other fringe benefit agreements, Local Unions and Councils shall wherever possible provide for participation therein by contractors and their employees working in the area under agreements with the United Brotherhood.
I The General Executive Board and its members are fiduciaries entrusted with
responsibility for the assets of the United Brotherhood. In carrying out this
responsibility, the General Executive Board shall establish and control the
investment policy governing investment of United Brotherhood as-
sets. Such investments shall be made only with prior approval of the General
Executive Board, and a written investment report shall be made to all Local
Unions and Councils on a regular basis. The General Executive Board shall obtain
proper surety bonds for all General Officers and Trustees and such employees of
the United Brotherhood as it may deem necessary. The General Executive Board
shall require an annual audit of the accounts and books of the United
Brotherhood by a Certified Public Accountant, and such audit shall be reported
in writing to the General Executive Board. The General Executive Board shall
perform such other duties as may be provided for in the Constitution and Laws of
the United Brotherhood.
J Whenever, by virtue of an increased death rate, a deficiency is likely to
arise in the revenues provided for payment of Funeral Donations under the
Constitution, the General Executive Board shall have the authority to draw from
the funds of each Local Union such sum for each member in good standing as may
be provided against such deficiency.
K The General Executive Board shall provide for the bonding of the officers and
personnel of the United Brotherhood. The General Executive Board shall have the
authority to provide for the bonding of officers and personnel of subordinate
bodies of the United Brotherhood. When the General Executive Board provides such
bond coverage through the General Office, all such officers and personnel must
be bonded thereunder to be eligible to hold any office or employment. The price
of such bonds shall be a standing appropriation to be paid to the General
Secretary-Treasurer upon the receipt of notice from the General Office.
L The General Executive Board shall have power to define in detail the trade
autonomy and jurisdiction of the United Brotherhood.
M The General Executive Board shall be empowered to authorize contributions or
expenditures in support of legislation
or other political activity including support on a nonpartisan basis of
particular candidates for office, to the extent permitted by law, where such
support is deemed by the General Executive Board to be in the best interests of
the United Brotherhood or its subordinate bodies or members, or organized labor,
generally or in a particular area. This authority may be delegated by the
General Executive Board to the General President. Support on a nonpartisan basis
shall mean support of or financial contribution to a candidate for federal,
state, provincial or local office provided such support or contribution is not
contrary to law and is based not on party politics or the candidate's political
affiliation but is based on the candidate's position as a supporter and advocate
of the objects, principles and legislative goals of our organization.
BOARD OF TRUSTEES
A Section 15. The General President, First General Vice President, Second
General Vice President, General Secretary Treasurer, and the ten (10) district
members of the General Executive Board shall by virtue of their office
constitute a Board of Trustees for the management and control of the
Headquarters and real estate of the United Brotherhood of Carpenters and Joiners
of America in the City of Washington, D.C. and elsewhere.
B By virtue of their office, the General President shall be Chairperson and the General Secretary-Treasurer shall be Secretary of the Board of Trustees and it shall be their duty to keep a record of the meetings of the Board of Trustees.
C The said Board of Trustees shall make a report to the General Convention of all business transacted in connection with the Headquarters and the real estate of the United Brotherhood of Carpenters and Joiners of America.
D The said Board of Trustees shall authorize the General President and
General Secretary-Treasurer to pay all legitimate
expenses in connection with said Headquarters and real estate, subject to
examination and approval of the Board when in session.
E The title of the Headquarters and real estate now held by this United Brotherhood, or which may be hereafter acquired, shall be vested by proper conveyance in said Board of Trustees and their successors in office, to be held by said Board of Trustees in trust for the sole use, benefit and behalf of this United Brotherhood of Carpenters and Joiners of America.
F Said Board of Trustees shall have the management and control of all property, to sell, rent, lease and improve the same in such manner as the majority of said Trustees shall direct. However, the Headquarters or real estate on which it is located shall not be sold, conveyed or encumbered except in accordance with the following steps: (1) a Headquarters Oversight Committee shall be appointed, including the members of the permanent Financial Oversight Committee and seven additional members from among officers or representatives of affiliated subordinate bodies of the United Brotherhood; (2) the Headquarters Oversight Committee, exercising fiduciary responsibility, shall independently review the proposed sale, conveyance or encumbrance and report their recommendation in writing to the Board of Trustees; (3) approval shall be obtained by a secret ballot vote of the combined committees of the Board of Trustees, the Financial Oversight Committee, and the additional seven members representing various Councils and Locals of the Brotherhood, or by a majority vote of the membership of the United Brotherhood voting in a referendum vote taken in accordance with the Laws of the United Brotherhood.
G All legitimate expenditures in connection with said Headquarters and real estate shall be paid by the General Secretary- Treasurer out of the funds of the United Brotherhood in accordance with the Constitution and Disbursement Policies approved by the General Executive Board.
23
H All income received from rents, lease or sale of said properly, or any part
thereof, shall be received by the General Secretary-Treasurer as provided for in
the Constitution and Laws of the United Brotherhood of Carpenters and Joiners of
America, and shall become a part of the General Fund of the United Brotherhood
of Carpenters and Joiners of America. An accounting of all such receipts and
expenses shall be published in the regular monthly Financial Statement submitted
by the General Secretary-Treasurer to the Local Unions.
Members of the Board of Trustees shall receive no additional compensation for
their services in connection with the management of the Headquarters and real
estate.
REVENUE
Section 16. The revenue of the United Brotherhood shall be derived from a per capita tax from all Local Unions on all members, applicants and persons paying agency shop or similar fees, also the amount specified on each new member admitted, charter fees, rent of office building, interest on bank deposits, income from investments, subscribers to and advertisements in the Carpenter, fines, supply sales and other miscellaneous receipts.
GENERAL CONVENTION top
A Section 17. The United Brotherhood shall meet in General Convention in 2000 and every five (5) years thereafter, on a date set by the General Executive Board, and the Board shall provide a suitable place for holding such Convention. The General Convention, while in session, shall be vested with all the executive, legislative and judicial authority of the United Brotherhood together with all powers necessary or incidental thereto.
B A Special Convention may be called as follows: Whenever fifteen Local
Unions, no two of which are lo-
cated in the same State or Province, present to the General Executive Board a
resolution calling for a Special Convention, the General Executive Board shall
consider the matter no later than its next regular meeting. If the General
Executive Board is satisfied that a Special Convention for the purpose requested
is in the best interest of the United Brotherhood, it shall make provision for
the holding of such a Convention at the earliest practical date. Whenever the
General Executive Board shall decide that a Special Convention is necessary, it
shall have authority by majority vote to issue a call for a Special Convention.
A Special Convention shall be subject to the same rules as a General Convention
except that a Special Convention cannot consider any matter other than as may be
stated in the Convention Call.
C A Local Union shall be entitled to representation in the Convention for members in good standing in the month that the Convention Call is issued according to the General Secretary-Treasurer's records, on this basis: 100 members or less shall be entitled to one delegate; more than 100 members and not more than 500, two delegates; more than 500 and less than 1,000, three delegates; 1,000 members and less than 1,500, four delegates; 1,500 members and less than 2,000, five delegates; 2,000 and less than 2,500, six delegates; 2,500 and less than 3,000, seven delegates; a Local Union with 3,000 or more members shall be entitled to eight delegates plus one additional delegate for every 500 members over 3,000. Upon payment of a special per capita tax of $50 per year, which shall be payable not later than July 1 of each year, State, Provincial and District Councils shall be entitled to representation by election of one delegate. The General Officers of the Brotherhood (as set forth in Section 9, Par. A) shall receive full accredited delegate credentials to the Convention from their respective Local Unions. Each duly elected delegate shall be entitled to one vote in the Convention.
25
D General Officers shall be accredited delegates to any General or Special
Convention of the United Brotherhood by virtue of their office. The designation
of General Officers as delegates shall not affect the number of delegates to
which their respective Local Unions shall otherwise be entitled.
E A Local Union shall not be entitled to representation which owes two months'
per capita tax to the General Office.
F the election of delegates and alternates shall be held by secret ballot within
the time specified by the General Executive Board. All members shall be notified
by mail to attend the meeting at which the delegates are to be elected. No
member shall be eligible unless working for a livelihood in a classification
within the trade autonomy of the United Brotherhood as defined in Section 7 or
in employment which qualifies him or her for membership, or is depending on the
trade for a livelihood, or is employed by the organization as a full-time
officer or representative; provided, further, that members who are life members,
apprentices, trainees or probationary employees shall not be eligible. A member
must have been twelve (12) consecutive months a member in good standing of the
Local Union and a member of the United Brotherhood for two consecutive years
immediately prior to nomination, except where the Local Union has not been in
existence the time herein required. To be eligible for nomination or election as
a delegate to a General Convention, a member must meet the requirements of
Section 31D.
G The Recording Secretary shall at once report to the General
Secretary-Treasurer the name and post office address of the delegate and
alternate.
H Each delegate other than a General Officer shall establish claim to a seat by
credentials and dues book, duly signed by the President and Recording Secretary
of the Local Union or the President and Secretary of the State, Provincial or
Dis-
26
trict Council the delegate represents with seal attached. Eligibility of General
Officers shall be certified by the General Secretary-Treasurer.
I Each delegate shall be entitled to one vote; no proxy representation shall be
allowed. A delegate to the Convention of the United Brotherhood, other than a
General Officer, must hold credentials from the Local Union of which the
delegate is a member, but several Local Unions can club together, or so can
Local Unions in a District Council, and elect a delegate, but the delegate must
hold credentials from the Local Union in which membership is held. Except as
provided herein, no member may be a delegate from or represent more than one
subordinate body.
J The mileage and expenses for the attendance of said delegates shall be
defrayed by the Local Union, or State, Provincial or District Council they
respectively represent.
K A quorum for the transaction of business shall consist of a majority of the
delegates attending the Convention. Any delegate who refuses to recognize and
obey the sound of the gavel in the hands of the presiding officer shall be
debarred from further voice or vote during the session, and the action taken by
the presiding officer shall be reported by the General Secretary-Treasurer to
the Local Union which elected the offending delegate as their representative.
L The Committee on Constitution and the Committee on Grievances and Appeals
shall meet in advance of the Convention at a time and place designated by the
General President. Members of the General Executive Board shall not be eligible
to act on either of these committees.
M The Committee on Finance shall examine the accounts of the General
Secretary-Treasurer, and shall verify the audits made by the General Executive
Board, and shall meet at a time and place designated by the General President.
27
N The General President shall appoint a Committee on Credentials, consisting of
not less than five members. The Committee shall meet at the call of the chair.
In the event the credentials of a delegate are protested, the Committee on
Credentials shall hear the protest and submit its findings to the Convention
.
ORDER OF PROCEDURE
Section 18. The order of procedure in Convention in the transaction of business
shall be the same as at the preceding Convention until such time as the
Committee on Rules reports.
DUTIES OF OFFICERS AT CONVENTION
Section 19. The General Officers shall be required to attend the Convention and
they shall have a voice and vote in same, and their expenses shall be paid out
of the funds of the United Brotherhood.
GENERAL PRESIDENT
A Section 20. It shall be the duty of the General President to preside at all
Conventions of the United Brotherhood and conduct same according to
parliamentary rules and in conformity with the laws of the United Brotherhood,
and immediately after the opening of the Convention shall appoint a Committee on
Rules. The General President shall appoint such other committees as may be
necessary. Each committee shall consist of not less than five delegates.
B The General President shall submit a report to the Convention.
28
GENERAL SECRETARY-TREASURER
Section 21. The General Secretary-Treasurer shall keep a correct record of the
proceedings of the Convention and shall submit a report to the Convention,
including a report of the United Brotherhood's revenues and expenses.
GENERAL EXECUTIVE BOARD
Section 22. The General Executive Board shall submit a report to the Convention.
BOARD OF TRUSTEES
Section 23. The Board of Trustees shall submit a report to the Convention.
PERIOD COVERED BY REPORTS
Section 24. The reports required by Sections 20B, 21, 22 and 23 shall cover the
period beginning on January I of the year in which the last General Convention
was held and ending on December 31 of the year preceding that in which the
General Convention is held at which the reports are to be submitted.
JURISDICTION AND POWERS OF LOCAL UNIONS top
A Section 25. Recognizing that Local Unions are created and chartered to help
fulfill the United Brotherhood's objective of organizing workers, it is the
continuing obligation of every Local Union to organize and to cooperate fully in
the United Brotherhood's organizing policies and programs. Any Local Union
failing or refusing to satisfy this obligation shall be subject to forfeiture of
its charter.
29
B Local Unions where no District Council exists shall be governed by applicable
uniform bylaws and have the power to make laws and trade rules which in no way
conflict with the Constitution and Laws of the United Brotherhood, and must be
approved by the First General Vice President before becoming law, and shall be
filed with the First General Vice President; likewise all future amendments must
be submitted and filed. Such Local Unions shall have the power to conduct trials
of members who have been charged with violating the Constitution and Laws or
violating the Trade Rules in the Local Union when such violations occur within
the Local Union's jurisdiction and impose such penalties as they may deem the
case requires, subject to Sections 51 and 52, and the right of appeal under
Section 53. Local Unions cannot debar their members from working for contractors
or for employers who are not connected with the Employers' or Builders'
Association, nor shall Local Unions affiliate with any central organization
whose Constitution or Bylaws conflict with those of the United Brotherhood.
C At any regular or special meeting of the membership of a Local Union or
District Council, duly called for the transaction of any business, those present
shall constitute a quorum, provided seven (7) or more members are present. For
any regular or special meeting of the Executive Committee of a Local Union or
District Council, those present shall constitute a quorum, provided a majority
of the members of the Executive Committee are present. The terms special meeting
and special called meeting have the same meaning.
D Local Unions shall have power to regulate and make payment of sick donations
only by an established Bylaw of the Local Union.
E A Local Union cannot withdraw from the United Brotherhood or dissolve so long
as ten members in good standing object thereto.
F In communities where there are not a sufficient number of persons eligible for
membership in the United Brother-
30
hood to form a Local Union, the Representative, or some other person designated
by the General President, shall have the power to initiate applicants in such
localities and provide such members with Dues Books, Constitutions, etc. Members
so initiated shall be under the jurisdiction and shall pay dues to the Local
Union designated by the Representative.
G Each Local Union is responsible for the carelessness or negligence of its
officers.
H All Local Unions and Councils are prohibited from sending out circulars or
appeals asking for financial aid from any other Local Union or Council of the
United Brotherhood, except by and with the approval of the General Executive
Board.
I The donation coverage of any member may not be changed from Donation Schedule
I to Donation Schedule 2, or from Donation Schedule 2 to Donation Schedule I
without the written approval of the General President. Members may not change
coverage status from Donation Schedule 2 to Donation Schedule I after reaching
their fiftieth birthday.
J The geographical or trade jurisdiction of any Local Union or Council may not
be changed without the written approval of the General President.
JURISDICTION AND POWERS OF DISTRICT COUNCILS top
A Section 26. Recognizing that District and Regional Councils are created and
chartered to help fulfill the United Brotherhood's objective of organizing
workers, it is the continuing obligation of every such Council to organize and
to cooperate fully in the United Brotherhood's organizing policies and programs.
Any Council failing or refusing to satisfy this obligation shall be subject to
forfeiture of its charter.
B Where there are two or more Local Unions located in one city, they must be
represented in a District Council unless
31
otherwise determined by the General President. District Councils shall be
composed exclusively of Delegates from Local Unions of the United Brotherhood.
They shall be governed by applicable uniform District Council Bylaws and have
the power to make laws and trade rules which in no way conflict with the
Constitution and Laws of the United Brotherhood and which are approved by the
Local Unions and the First General Vice President. The General President shall
have power to order such Local Unions to affiliate with such District Council,
and to determine the jurisdictional area and trade autonomy of such District
Council subject to appeal. No Local Union may withdraw from such a District
Council without approval of the General President.
C District Councils may be formed in localities other than in cities where two
or more Local Unions in adjoining territory request it, or when in the opinion
of the General President the good of the United Brotherhood requires it. No
Local Union shall affiliate with or withdraw from such a District Council
without the approval of the General President. District Councils so formed shall
be governed by applicable uniform District Council Bylaws and have power to make
laws and Trade Rules which in no way conflict with the Constitution and Laws of
the United Brotherhood and which are approved by the Local Unions and the First
General Vice President.
D District Councils shall have the power to make Laws governing strike and other
donations except sick donations, which shall in no way conflict with the
Constitution and Laws of the United Brotherhood, and which must be adopted by a
referendum vote of the members of the Local Unions affiliated with the District
Council and approved by the First General Vice President before becoming law,
and their representation shall be according to membership.
E The jurisdiction of the District Council shall be provided for by the
Constitution and Laws of the United Brother-
32
hood and named in their charter. The title to all property of the District
Council shall be held in the name of the Trustees of the District Council and/or
their successors in office. District Councils having annual receipts amounting
to Twenty-Five Thousand Dollars ($25,000.00) or more from all sources shall
engage a certified or registered public accountant for periodic audits, but not
less than once a year, and such audits shall be examined by the Trustees for
comparison with the Trustees' audits who shall report their conclusions in
writing to the District Councils.
F A District Council shall have the power to conduct trials of members or Local
Unions within its jurisdiction who have been charged with violating the
Constitution and Laws, violating the District Council Bylaws and/or Trade Rules
or violating the Trade Rules of a Local Union when such violation occurs within
the District Council's jurisdiction, and impose such penalties as they may deem
the case requires, subject to Sections 51 and 52 and the right of appeal under
Section 53. District Councils cannot debar their members from working for
contractors or employers not connected with Employers' or Builders'
Associations, nor shall District Councils affiliate with any central
organization whose Constitution or Bylaws conflict with those of the United
Brotherhood.
G Examining Boards may be established by District Councils or Local Unions where
no District Council exists. They shall examine candidates as to their
qualifications for membership in the United Brotherhood and must report their
findings on all applicants in writing. The examinations shall consist of a
practical test in the branch of trade in which the applicant desires employment.
H The General President may authorize and charter Regional Councils to be
composed of two or more Local Unions and/or District Councils. There shall be a
Canada Council, with Bylaws to be approved by the First General Vice President
33
I The General Executive Board may establish uniform Bylaws to govern State
Councils, Provincial Councils, Regional Councils, Industrial Councils and
Industrial Local Unions, not inconsistent with the Constitution and Laws, which
shall be in full force and effect pending ratification or modification by the
next General Convention.
JURISDICTION OF STATE AND PROVINCIAL COUNCILS top
A Section 27. State and Provincial Councils may be formed voluntarily by Locals
or Auxiliaries of this United Brotherhood, which may have power to adopt, by a
referendum vote, such laws as will assist in organizing and strengthening the
Locals of their respective States and Provinces. All Laws of State and
Provincial Councils must be submitted to the First General Vice President for
approval, and all officers and members of such Councils shall be held
responsible for compliance with all Laws governing the United Brotherhood. Where
State or Provincial Councils are established, composed of as many as five (5)
Local Unions of the State or Province, representing 55 percent of the
membership, all Local Unions and District Councils shall be affiliated with said
Council unless granted yearly dispensation in writing by the General President.
Where a State or Provincial Industrial Council is established, composed of as
many as five (5) Local Unions of the State or Province, representing 55 percent
of the Industrial membership, all Industrial Local Unions and District Councils
shall be affiliated with said Council unless granted dispensation by the General
President.
B State and Provincial Councils shall have the power to make laws to govern such
State and Provincial Councils, which shall in no way conflict with the
Constitution and Laws of the United Brotherhood, and which must be adopted by
referendum vote of the members and approved by the First General Vice President
before becoming law.
34
C The jurisdiction of State or Provincial Councils shall be the State or
Province for which they are chartered, unless otherwise provided in the
Constitution and Laws of the United Brotherhood.
D The title to all property of the State and Provincial Councils shall be held
in the name of the Trustees of the State and Provincial Councils and/or their
successors in office. State and Provincial Councils having annual receipts
amounting to Twenty-Five Thousand Dollars ($25,000.00) or more from all sources
shall engage a certified or registered public accountant for periodic audits,
but not less than once a year, and such audits shall be examined by the Trustees
for comparison with the Trustees' audits who shall report their conclusions in
writing to the State and Provincial Councils.
JURISDICTION OF AUXILIARY UNIONS AND COUNCILS
A Section 28. Jurisdiction of Auxiliary Unions or Councils shall be as provided
for by the Constitution and named in their charter.
D Auxiliary Unions may make laws to govern their members in the same manner as
Local Unions, and may form Auxiliary Councils in their jurisdiction, but in no
case shall members of Auxiliary Unions be allowed to work outside of the
jurisdiction covered by their charter, or allowed to transfer to a Local Union
of the United Brotherhood, without taking an examination as to their knowledge
of the trade and paying the initiation fee of said Local Union.
C Any member in good standing is permitted to become a member of a Ladies'
Auxiliary Union.
ADMISSION OF LOCAL UNIONS
A Section 29. Ten or more applicants who wish to organize a Local Union may
apply to the General Secretary-Treasurer and send Fifty Dollars ($50.00) for the
outfit necessary for the institution of a Local Union. Issuance of a charter
shall be discre-
35
tionary with the General President under Section IOA. If after investigation
issuance of a charter is approved, the General Secretary-Treasurer shall forward
the Charter and any administrative materials necessary to begin operations as a
Local Union under the Constitution of the United Brotherhood. The outfit shall
consist of the following articles: Seal, Ritual, Gavel, Minute Book, Ledger, Day
Book, Treasurer's Cash Book, Recording Secretary's Order Book, Financial
Secretary's Receipt Book, Treasurer's Receipt Book, pad of Official Letterheads,
pad of Applications, twenty-five (25) Dues Books and twenty-five (25)
Constitutions. The Charter is at all times the property of the United
Brotherhood.
B More than one Local Union may be chartered in the same locality, provided
Local Unions or Councils whose jurisdiction is affected shall be consulted and
consideration given to any reasonable objections raised. Whenever the General
President charters more than one Local Union in the same locality, or a Local
Union the jurisdiction of which overlaps or otherwise affects the jurisdiction
of other Local Unions or District Councils, any subordinate body directly
affected by the charter issuance may appeal the General President's decision to
the General Executive Board. The General Executive Board shall thereupon be
empowered, after notice to interested subordinate bodies and hearing, to review
the action taken by the General President, and the General Executive Board's
decision respecting the General President's action shall be final and binding.
SUSPENDED AND LAPSED LOCAL UNIONS AND COUNCILS
A Section 30. If, at any time, a Local Union, Council or other subordinate body
should withdraw, lapse, dissolve, be suspended or expelled, or otherwise cease
to function as a chartered subordinate body of the United Brotherhood, all
Property, Books, Charter and Funds held by, or in the name of, or on behalf of
said Local Union, or other subordinate body must be forwarded immediately to the
General Secretary-Treasurer for such use or disposition in the interests of the
membership of the
United Brotherhood as the General President in the exercise of his or her
discretion may direct.
B The officers and members of said Local Union will be held responsible for
compliance with the above section within thirty days after such dissolution,
suspension or withdrawal, under penalty of being prosecuted by law, and
forfeiture of membership and donation in this United Brotherhood.
C A member of a lapsed or suspended Local Union, if in good standing, and upon
payment of any dues or assessments then unpaid, can take a transfer card to the
nearest Local Union in the vicinity, upon application to the General
Secretary-Treasurer, who shall issue same. Said transfer card can be sent by
mail to the nearest Local Union and can be accepted without requiring the
personal attendance of the member.
NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE
BODIES top
A Section 31. The officers of a Local Union shall be a President, Vice
President, Recording Secretary, Financial Secretary, Treasurer, Conductor,
Warden and three Trustees. The officers shall constitute the Executive Committee
of the Local Union. A Business Representative who is not a member of the
Executive Committee shall attend the meetings of the Executive Committee with
voice but without vote. No member may hold more than one office or be a
candidate for more than one office in a regular election, in the same
subordinate body, unless dispensation to combine two or more offices is or has
been granted by the General President. In elections held to fill vacancies, a
member who holds an office must resign said office in writing before accepting
nomination as a candidate for another office in the same subordinate body
(unless the offices are combined by dispensation) and all existing vacancies,
including those left by such resignations, shall be filled by the same
nominations and election. Neither the President, Treasurer, Financial Secretary
nor Recording Secretary can act as Trustee.
37
B Every Local Union or District Council whose members are employed in the
construction industry shall have a full-time Executive Officer or Business
Representative and such assistant Business Representatives and/or Organizers as
may be necessary. Where Local Unions are affiliated with a District Council, the
services of such full-time Business Representative and assistant Business
Representatives and/or Organizers may be provided by and through the District
Council. Where employment of a full-time Business Representative would be an
undue financial burden upon any Local Union not affiliated with a District
Council, or where conditions in an area permit, two or more Local Unions having
jurisdiction in adjacent areas may agree to employ one Business Representative
and such assistant Business Representatives and/or Organizers as may be
necessary to service their members. Every industrial Local Union shall have a
full-time executive officer or business representative if determined to be
necessary by the General President. Where Industrial Local Unions are affiliated
with a District Council, the services of such full-time Business Representative
may be provided by and through the District Council. All Business
Representatives shall be required to participate in any training program for
Business Representatives which shall be established by the United Brotherhood,
and all Organizers shall be required to participate in any training program for
Organizers that may be designated by the General President. Where there are two
or more Business Representatives representing a Local Union or District Council,
provision shall be made for the designation of one elected Business
Representative who shall be in charge unless they work under a full-time
Executive Officer of the Local Union or District Council designated to have
authority over personnel. Business Representatives and assistant Business
Representatives may be elected or appointed by Local Unions or District
Councils. Where the Business Representative and assistant Business
Representatives of a subordinate body are elected, their qualifications,
nomination and election shall be governed by the provisions of this Section. An
appointed Business Representative
38
or assistant Business Representative must meet the qualifications of this
Section.
C The regular terms of elected officers, Business Representatives and assistant
Business Representatives shall be three years in Local Unions and three or four
years in District Councils, or until their successors are elected, qualified and
installed. An appointed Business Representative or assistant Business
Representative shall serve at the discretion of the District Council or Local
Union unless a specific term is established at the time of appointment or by the
Local Union or Council Bylaws. The compensation of an officer, Business
Representative or assistant Business Representative in effect at the time of
nomination or appointment shall not be reduced during the term for which elected
or appointed without his or her consent; provided, however, and notwithstanding
the provisions of Section 31C or prior action of a Local Union or Council
designating the term of an appointee, the term for which an officer or
Representative is elected or appointed may be reduced or terminated, or the
compensation therefore reduced, for valid economic reasons subject to the
approval of the General President, whose decision may be appealed to the General
Executive Board under Section 53G. D A member cannot hold office or be nominated
for office, Business Representative, Delegate or Committee who is receiving a
pension under the United Brotherhood of Carpenters Pension Plan, or unless
present at the time of nomination, except that the member is in the anteroom on
authorized business or out on official business, or prevented by accident,
sickness, or other substantial reason accepted by the Local Union or Council
from being present; nor shall the member be eligible unless working for a
livelihood in a classification within the trade autonomy of the United
Brotherhood as defined in Section 7 or in employment which qualifies him or her
for membership, or is depending on the trade for a livelihood, or is employed by
the organization as a full-time officer or representative; provided, further,
that members who are life members, apprentices, trainees or probationary
employees shall not be eligible. A member
39
must have been twelve (12) consecutive months a member in good standing
immediately prior to nomination in the Local Union and a member of the United
Brotherhood of Carpenters and Joiners of America for two consecutive years
immediately prior to nomination, unless the Local Union has not been in
existence the time herein required, and must remain a member in good standing at
all times in order to remain in the position to which he is elected or
appointed. A member who retires after being elected may complete the term for
which elected unless receiving a pension under the United Brotherhood of
Carpenters Pension Plan. Contracting members are not eligible to hold office,
nor shall a member who has been a contracting member until six months have
elapsed following notification by the member to his or her Local Union in
writing that he or she has ceased contracting.
E Nomination of officers, delegates, and elected Business Representatives and
assistant Business Representatives shall take place in May and the election
shall take place in June. All members shall be notified by mail of the time,
date and place of the nominating meeting and the notice shall specify all
offices to be filled. Notice shall be by letter or postcard, or by a notice
conspicuously placed on the front page of the union newsletter or newspaper, and
must be sent to the members' last known address as reported to the Recording
Secretary under Section 44R Notice in newspapers or similar publications shall
not constitute proper notice, but may be used as a supplementary notice. Members
shall receive not less than fifteen days' notice of nominations and elections,
and where a combined notice is used it shall be mailed not less than thirty days
prior to the date of the election. Notices of nomination and election shall be
mailed not more than sixty (60) days prior to the date of such nominations and/
or election. This Section shall apply to District Council elections in which
candidates are voted for by the members of the affiliated Local Unions. Where
District Council officers or Business Representatives are to be elected by
delegates to the Council in any year in which the affiliated Local Unions hold
regular elec-
40
tion of such delegates, the election of District Council officers shall be by
the incoming delegates and not by the outgoing delegates.
F The election of officers and elected Business Representative(s) shall be by
secret ballot. Ballots shall be prepared in advance listing the names of all
candidates nominated for election. The nominees receiving a plurality of votes
shall be declared elected. Write-in votes shall neither be authorized nor
permitted in the election of Officers or elected Business Representative(s) in
any Local Union, District, State or Provincial Council.
G All elections shall be conducted by an Election Committee appointed by the
President of the Local Union. No nominee for office or Business Representative
shall be eligible to serve on such Committee. The Financial Secretary shall be
available with all necessary records to establish eligibility of members to be
nominated for and to hold office and to vote in any election. If more than one
polling place is used, a list of eligible members shall be available at each
location. The Election Commit-tee shall tabulate the vote and report to the
Local Union The Chairperson of the Election Committee shall declare the result
of the balloting and announce the name of the elected candidate. When voting
machines are used the Tellers shall examine the machines before the start of the
voting to see that they are properly set. A candidate, or his or her observer,
may also examine the machines in conjunction with the Tellers. After the polls
have closed the Tellers shall review the result of the election, fill out and
sign the teller sheets giving the names of the candidates and total vote each
received, which sheet shall be held in safe-keeping by the Recording Secretary.
The Recording Secretary shall preserve all ballots used and unused and all
records pertaining to the election for one year following the date of the
election.
H Where required or permitted by law, a qualified candidate for office shall be
permitted to examine the membership list containing the names and addresses of
all the members once
41
within thirty days prior to the election, and a Local Union or Council shall
honor reasonable requests from candidates to have their campaign literature
mailed by the Union at the candidates' expense. A candidate for office may
designate a member in good standing as an observer at the poll and tabulation of
the ballots. More than one observer may be appointed by each candidate as needed
to adequately observe the polls and tabulation. Observers must be members in
good standing. The Election Committee shall determine the number of observers
permitted in each election.
I The installation of officers shall take place on the first meeting in July. In
case an officer does not appear for installation within two regular meetings
thereafter, the office must be declared vacant. All Local Unions and Councils
shall provide the United Brotherhood an accurate and current listing of their
officers and representatives immediately following their election or
appointment, on forms provided for this purpose, and shall notify the General
Office by letter of any interim changes.
J A Local Union or Council may adopt a Bylaw providing that an officer or
representative duly nominated and elected in accordance with the Constitution
and Laws shall, by virtue of his or her office, be a delegate to a General
Convention of the United Brotherhood or any other subordinate body with which
the Local Union or Council is affiliated. The notices of nominations and
election, and the ballot, must advise the members that the candidate elected to
the office or position will be a delegate to the General Convention of the
United Brotherhood or other subordinate body.
VACANCIES IN LOCAL OFFICES top
A Section 32. If any officer shall fail to discharge the duties of the office
for three successive meetings, without satisfactory excuse, the office shall be
declared vacant by the President. This provision shall also apply to the
position of Business Representatives and delegates. Failure to attend a regular
or spe-
42
cial called meeting without satisfactory excuse shall constitute failure to
discharge duties of the office at that meeting.
B When vacancies occur in any elective office or in the position of Business
Representative, the President may appoint a qualified member to fill the vacancy
pro tem, until such time as appropriate notices are sent to the membership for
the holding of an election to fill the vacancy.
C Any officer or Business Representative may be removed after due trial upon
charges preferred in conformity with Sections 51 and 52 of the Constitution and
Laws.
D In the absence of both the President and the Vice President, the Recording
Secretary shall call the meeting to order and those present shall elect a
President pro tem.
E Any Local Union or District Council Officer, elected Business Representative,
Delegate or committee member, who applies for and is issued a Transfer Card from
his Local Union shall be deemed thereby to have resigned his office or position.
DUTIES OF PRESIDENT top
A Section 33. The President shall preside at all meetings, preserve order and
enforce the Constitution and Laws of the United Brotherhood; shall decide all
questions of order, subject to an appeal to the Local Union. The President shall
determine all questions of eligibility for office, subject to an appeal to the
General President under Section 53G. The President shall have the deciding vote
in case of a tie, except in cases of a secret ballot vote, and shall sign all
orders on the Treasurer authorized by the Local Union.
B The President shall appoint all committees or such other officers as may be
necessary, unless otherwise ordered, and shall have the power to order the
Recording Secretary to call special meetings when requested in writing by five
members in good standing, see that bonds are procured for officers and shall
43
perform such other duties as are required by the office. Members must be
notified of special meetings in writing sent to their last known address and
stating the date, time and place of the meeting and the business to be
transacted. No business not stated in the notice shall be transacted. Special
meetings may be held in conjunction with regular meetings.
C Any member entering the meeting in a state of intoxication, or who disturbs
the harmony thereof, or uses profane or unbecoming language during the meeting
shall be admonished by the Chair. If the member again offends, he or she shall
be assessed One Dollar ($1.00); for next offense. Five Dollars ($5.00); and for
the next offense shall be excluded from the room. The fact that a member is
admonished, assessed or excluded from the room under this Section shall not
constitute a bar to the filing and processing of charges against the member
based on his or her conduct at the meeting. A visiting member shall be subject
to these Laws, and assessments shall be payable to the Local Union or Council
where the offense is committed. The Chairperson shall strictly enforce this
Section.
DUTIES OF VICE PRESIDENT
Section 34. The Vice President shall assist the President in the discharge of
the official duties and shall fill the office in case of absence, death, removal
or resignation of the President, until such time as a President is elected.
DUTIES OF RECORDING SECRETARY
A Section 35. The Recording Secretary shall keep the correct minutes of each
meeting, read and preserve all documents and correspondence, issue all summons
for special meetings, have charge of seal and affix the same on all official
documents, draw and sign all legal orders on the Treasurer and conduct all
official correspondence. Minutes of meetings shall be safely preserved as a
permanent record of the Local Union, in a form approved by the General Office.
44
B The Recording Secretary shall send a list of the names and addresses of all
new officers to the General Secretary-Treasurer, also all changes, and report to
the Local Union the expenditures at the close of each meeting, and perform such
other duties as the Local Union may direct, or as prescribed in the Constitution
and Laws of the United Brotherhood. The Recording Secretary of any Local Union
which is not affiliated with a District Council shall send to the General Office
a copy of each Contract, Agreement or Memorandum of Understanding negotiated to
apply within the jurisdiction of the Local Union.
C The Recording Secretary, when properly instructed, shall notify all members of
the Local Union to present their Dues Books to the Trustees during the first
month of each quarter for the purpose of comparing them with the books of the
Financial Secretary.
DUTIES OF FINANCIAL SECRETARY
A Section 36. The Financial Secretary shall receive all moneys paid into the
Local Union and immediately make entry of same in the day book and shall without
undue delay see that same is deposited either by paying same to the Treasurer
who shall give a receipt for money received, or by directly depositing same in
the Local Union's name in such bank or banks as may be designated by the Local
Union. The Financial Secretary shall keep a record of all applications for
membership, and a correct account of each member, with full name and address.
R The Financial Secretary shall enter and date each payment on the member's Dues
Book, and sign the same, and shall enter in the Ledger the exact date and full
amount of each payment and shall record in the Day Book all receipts and report
same to the Local Union.
C The Financial Secretary shall make a membership activity report to the United
Brotherhood in the computerized reporting format specified by the General
Secretary-Treasurer, shall return that monthly report to the General Office at
the earliest
45
possible time following the Local's completion of the report, and shall report
not later than the following meeting to the Local Union as to the numerical and
financial standing of the Local Union for the preceding month and shall be
bonded as required by the Constitution and Laws of the United Brotherhood.
D Local Unions having an established business office shall have the power, by
regularly passed motion, to designate the books and other property to be kept at
the office, and to delegate such duties to the Financial Secretary as may be
deemed expedient for proper transaction of its business. Where no established
business office is maintained, the Financial Secretary and other officers shall
securely maintain, on the Local Union's behalf, any records or other property
that may be in their possession, and shall make such records and other property
available to authorized officers and representatives upon request.
E The Financial Secretary shall have full control of all supplies, and shall
issue the same, subject to orders of the Local Union.
DUTIES OF TREASURER
A Section 37. The Treasurer shall receive from the Financial Secretary all
moneys collected and give receipt for and deposit same in the name of the Local
Union in such bank or banks as may be designated by the Local Union. The
Treasurer shall make no disbursement without the sanction of the Local Union,
and only on an order issued by the Recording Secretary and signed by the
President.
B The Treasurer shall make an itemized statement the first meeting of each
quarter for the preceding quarter, to the Local Union, of all moneys received
and paid out, and submit books and vouchers for inspection at any time when
called upon, and perform such other duties as the Local Union may require.
C The Treasurer shall send the per capita tax to the General Secretary-Treasurer
promptly each month for the month
preceding, together with the portion of initiation fees payable to the United
Brotherhood. All moneys shall be payable by check, money order or other form of
payment as authorized by the General Secretary-Treasurer.
D The Treasurer shall be bonded as required by the Constitution and Laws of the
United Brotherhood and shall receive a salary of not less than One Dollar
($1.00) per annum.
DUTIES OF CONDUCTOR
Section 38. The Conductor shall examine all present at the meeting and report to
the President all without the Password. The Conductor shall allow no one to
remain without the Password. In the case of those Locals which desire to use the
additional oral initiation ceremony, the Conductor shall obtain the names of all
candidates awaiting initiation and report the same to the President and shall
conduct the candidate through the initiation ceremony, and shall perform all
duties pertaining to the office, and shall be furnished an assistant when
necessary.
DUTIES OF WARDEN
Section 39. The Warden shall take charge of the doors at the meeting and see
that no one but members with the current quarterly Password shall enter. Members
in good standing, without the Password, shall be referred to the Vice President
for the current quarterly Password.
DUTIES OF TRUSTEES
A Section 40. The Trustees shall have the supervision of all funds and
properties of the Local Union, subject to such instructions as they may receive
from time to time from the Local Union. The title to all property of the Local
Union shall be held in the name of the Trustees of the Local Union and/or their
successors in office.
47
B It shall be the duty of the Trustees to see that the Treasurer or Financial
Secretary deposits all moneys received in such bank(s) as the Local Union
designates. The Trustees shall see that the Recording Secretary of the Local
Union notifies the bank(s) of the names of the officers duly authorized to sign
checks for withdrawals on the account, and that all disbursements are to be made
by check, except that a petty cash fund for either the Financial Secretary or
the Treasurer is permitted. C The Trustees shall audit all books and accounts of
the Financial Secretary and the Treasurer, audit all receipts and accounts of
any other person authorized to collect funds, examine the bank book(s) monthly,
and shall report to the Local Union in writing, and semi-annually to the General
Secretary-Treasurer on Bond Report Forms supplied from the General Office; and
shall perform such other duties as are provided for in the Constitution and Laws
of the United Brotherhood or as the Local Union may direct. Local Unions having
annual receipts amounting to Fifty Thousand Dollars ($50,000) or more from all
sources shall engage a certified or registered public accountant for periodic
audits, but not less than once a year. Such audits shall be examined by the
Trustees for comparison with the Trustees' Audits and the Trustees shall report
their conclusions in writing to the Local Union.
DUTIES OF COMMITTEES
A Section 41. All committees shall perform the duties assigned to them within
the time specified, and shall report in writing. Eligibility to serve on a
Committee is governed by Section 31D, and no person shall be exempt from serving
on a committee when called upon, except the Recording and Financial Secretaries,
unless excused by vote of the Local Union, or who is already a member of some
other committee. No member can be appointed to a committee unless present at the
time of appointment, except that the member is in the anteroom on authorized
business or out on official business, or prevented by accident, sickness, or
other substantial reason accepted by the Local Union or Council from being
present.
48
B Committees incurring expenses in the performance of their duties shall not be
discharged until all bills are paid, and the committee members are reimbursed
for their expenses or paid for time lost, if any, providing the Local Union had
originally agreed to do so.
C The first person named on a committee shall chair the committee until another
is chosen by the committee.
D Any committee member who neglects or fails to perform any duty required by the
Constitution and Laws of the United Brotherhood may be removed by the President,
with the exception of members of the Executive Committee.
QUALIFICATIONS FOR MEMBERSHIP
A Section 42. Members admitted before January 1, 1994 and before reaching age 60
shall be covered by Donation Schedule I or Donation Schedule 2 and may be
eligible for a funeral donation under the provisions of Section 48. Members
admitted on or after January 1, 1994 shall not be covered by Donation Schedule I
or 2 and shall not be eligible for any funeral donation provided in the
Constitution.
B Members in good standing who, on or after January I, 1987 have or attain 50
years of continuous membership in the United Brotherhood shall not be required
to pay dues to any Local Union and the Local Union in which they hold membership
shall not be required to pay per capita tax with respect to them to the United
Brotherhood. Such members shall, nevertheless, retain all rights and privileges
as well as other obligations of membership, and shall pay working dues while
working in the jurisdiction of any Local Union or District Council that has
established such working dues, work fees or supplemental working dues pursuant
to Section 45C.
C A candidate to be admitted to membership in any Local Union of the United
Brotherhood must not be less than seventeen (17). 49
D A candidate must be of good moral character and competent to command standard
wages. Candidates shall not be denied the right to membership because of their
particular sex, race, color, creed or national origin.
E A candidate for membership cannot join any Local Union other than the one in
the district in which the candidate is employed unless permission be granted by
the Local Union or District Council where employed.
F A member who has been expelled from any Local Union or by a District Council
of the United Brotherhood shall not be eligible for membership in any other
Local Union without consent of the Local Union or District Council, and only
then by a majority vote of the members present at a meeting of the Local Union
or District Council from which the member was expelled. G Any member
incapacitated by age or accident may be permitted to obtain employment at less
than the regular scale of wages with the consent of the union by obtaining a
Privilege Card from the District Council or the Local Union where no District
Council exists.
H Members who contract work or become supervisors must comply with the
Constitution and Laws of the United Brotherhood.
I No member of the United Brotherhood can remain in or become a member of more
than one Local Union, or any other organization of carpenters and joiners, or
any mixed union of building trades workers, or any organization whose
jurisdictional claims overlap or infringe upon those of the United Brotherhood,
under penalty of expulsion. Any member who accepts employment under nonunion
conditions during the time of a strike or lockout, or being employed as an armed
guard during a strike or lockout, shall not be entitled to any donations. If a
member is accused of holding membership contrary to this Section, the Executive
Committee of the Local Union or District Council shall give the member due
notice of the charge, shall afford the accused a hearing and a full opportunity
to present a defense. If
50
after hearing the Executive Committee finds that the member holds membership
contrary to this Section, the member shall be permitted thirty days in which to
resign or withdraw from any conflicting membership and to so notify the
Executive Committee. If the member fails to do so, his or her membership shall
be revoked.
J No member of a Local Union shall be eligible to vote for Officers, Business
Representatives, assistant Business Representatives or Delegates or to vote on
wages and working conditions unless such member has been at least 12 consecutive
months a member of the Local Union and is in good standing in the Local Union at
the time of voting, except where the Local Union has not been in existence the
time here required, provided, however, that in the case where a trade movement
affecting wages and working conditions is applied uniformly to several Local
Unions, a member shall be eligible to vote on wages and working conditions if a
member for 12 consecutive months in one or more of the Local Unions in the
affected area and is in good standing in the Local Union at the time of voting.
Retired members not working at or depending on the trade for a livelihood shall
not be entitled to vote on trade movements affecting wages or working conditions
or on ratification's of contracts. In contract ratification votes only those
affected by the contract shall be eligible to vote; in cases of industrial
contracts the members affected may vote without regard to their length of
membership. The method of contract ratification, which may include a vote of the
membership, shall be decided in the Local Union or Council and is not mandated
by the Constitution and Laws.
APPRENTICESHIP
A Section 43. The United Brotherhood may establish Standards for apprenticeship
and training programs, including skill upgrading, covering trades and industries
within the United Brotherhood's jurisdiction. Where such Standards have been
established, it shall be the responsibility of District Councils, or of Local
Unions where no District Council exists, to develop and
implement programs complying with the Standards and approved by the United
Brotherhood. A graduate of an approved apprenticeship program shall be
recognized within the United Brotherhood as a journeyman at his or her trade.
B Individuals participating in approved apprenticeship and skill training
programs may be admitted to membership in the United Brotherhood prior to
attaining journeyman certification, at the following reduced initiation fees:
the initiation fee before attaining second year apprenticeship status shall be
20 per cent of the journeyman fee; when admitted as a second year apprentice, 40
per cent of the journeyman fee; when admitted as a third year apprentice, 60 per
cent of the journeyman fee; and when admitted as a fourth year apprentice, 80
per cent of the journeyman fee. Participants in apprenticeship and training
programs shall be subject to the lawful agreements, conditions and procedures
required by the Council or Local maintaining the program.
ADMISSION OF MEMBERS top
A Section 44. The General President shall authorize the use of a Membership
Application form containing the Obligation. Where an applicant signs such an
application, and makes a payment, thereby becoming bound by the Obligation,
action of the investigating committee or approval of the membership shall not be
required for admission to membership. A candidate qualified and who desires to
become a member of any local union of the United Brotherhood must fill out and
sign the regular application blank in duplicate. The Financial Secretary shall
report new members in the format specified by the General Secretary-Treasurer,
or forward actual applications to the General Secretary-Treasurer. The duplicate
shall be filed by the Financial Secretary for future reference.
B The application of the candidate must be presented to the Financial Secretary,
with the full initiation fee, which (except for apprentices) shall be not less
than Forty Dollars ($40.00)
52
for individuals who work in construction and not less than Twenty-Five Dollars
($25.00) for individuals who do not work in construction, and a sum equal to the
current month's dues. An applicant may be permitted to pay the initiation fee in
installments over a period not to exceed 90 days. In such cases the applicant
shall deposit dues for each month commencing with the month of application. When
the applicant is accepted into membership his or her membership shall date from
the day of application. If an applicant fails to complete payment of the
initiation fee within 90 days (or such period not to exceed an additional period
of 60 days which may be granted by the Local Union for good cause), the
applicant shall forfeit all amounts paid for dues or initiation fees and can
only join by filing a new application to be processed in accordance with this
Section. Initiation fee and dues paid shall be retained by the Local Union or
District Council, except for per capita to the United Brotherhood for all months
for which dues were deposited whether or not the applicant becomes a member.
Applicants for membership permitted to pay the initiation fee in installments
shall not be eligible to receive a Transfer Card until six (6) months after
completing all installment payments. While an applicant he or she shall not be
eligible to receive a Transfer Card.
C The Financial Secretary shall place the name of the new member on the books of
the Local Union. The new member shall be supplied with a Dues Book, or the
equivalent, and a copy of the Constitution and Laws of the United Brotherhood
and Bylaws and Working Rules of the District. Local Unions using check-offs are
not required to issue dues books, except when a Transfer Card is granted under
Section 46, or as otherwise needed.
D Each member will be entitled to all the rights and privileges of this
Brotherhood as prescribed in the Constitution and Laws of the United Brotherhood
by strictly adhering to the Obligation as prescribed.
OBLIGATION top
I do, of my own free will and accord, solemnly and sincerely promise-on my
sacred honor-that I will never reveal-by word or deed-any of the business of
this United Brotherhood-unless legally authorized to do so. I promise to abide
by the Constitution and Laws-and the will of the majority-observe the By Laws
and Trade Rules-established by Local Unions and Councils-affiliated with the
United Brotherhood-and that I will use every honorable means-to procure
employment for brother and sister members. I agree that I will ask for the Union
Label-and purchase union made goods-and employ only union labor-when same can be
had. And I further agree that-if at any time it should be discovered-that I have
made any misstatements-as to my qualifications for membership-1 shall be forever
debarred from membership-and donations in this order. I pledge myself to be
obedient to authority-orderly in the meetings-respectful in words and
actions-and charitable in judgement of my brother and sister members. To all of
this I promise and pledge-my most sacred word and honor-to observe and keep-and
the same to bind me-as long as I remain a member of this Brotherhood. And I
further affirm and declare-that I am not now affiliated with-and never will join
or give aid-comfort-or support to any organization that tries to disrupt any
Local Union-District Council-State or Provincial Council or the International
Body-of the United Brotherhood of Carpenters and Joiners of America.
E Members in good standing may visit any Local Union provided they are in
possession of the current quarterly Password and membership Dues Book.
F Each member is required to keep the Recording Secretary and Financial
Secretary properly notified of correct place of residence and any change of
same, and shall be assessed administrative costs of One Dollar ($1.00) if this
information is not kept current.
54
G A member can remain a contractor or enter into the business of contracting,
provided the member becomes signatory to and complies with the United
Brotherhood collective bargaining agreement covering his work, obeys trade rules
and complies with the Constitution and Laws of the United Brotherhood. Any
violation of this rule shall be punished after due trial by a fine or expulsion.
A contracting member shall not be eligible as an officer, business
representative, or delegate of a Local Union or eligible to vote for officers,
business representative(s), and delegates and shall not be eligible to vote on
the wage question.
H An ex-member desiring to rejoin the United Brotherhood may be readmitted only
as a new member, subject to such readmission fee as provided for in the Bylaws
of the Local Union or District Council where application for membership is made.
The Local Union or District Council readmitting the ex-member shall ascertain
the reason he or she was dropped from membership and if dropped for nonpayment
of dues, shall collect an additional sum of Fifty Dollars ($50.00). Also if said
ex-member owed any fines or assessments at the time of being dropped from
membership in the Brotherhood, the Local Union or District Council readmitting
such ex-member shall collect the amount of the indebtedness and forward it to
the Local Union or District Council to which it is due. If an ex-member does not
pay any such indebtedness, the ex-member may not be accepted for readmission
unless dispensation is granted by the General President. An ex-member desiring
to rejoin a Local Union in the same subdivision of the trade in which he
previously held membership shall not be required to take an examination with
respect to his qualifications in that subdivision of the trade.
I The General Executive Board shall have the power to set the maximum initiation
fee for all Local Unions and District Councils. Special dispensation to lower
the initiation fee
55
may be granted by the General President for organizing purposes by written
request for periods up to six months and same may be renewed.
FINANCES AND DUES
A Section 45. Effective January 1, 1996, minimum dues in all Local Unions shall
be established in an amount not less than Thirteen Dollars and Seventy-Five
Cents ($13.75) per month for Schedule I Local Unions and Thirteen Dollars and
Twenty-Five Cents ($13.25) per month for Schedule 2 Local Unions, to be paid by
all members. The minimum dues shall be increased by the amount by which the per
capita tax provided in Section 45D, E or F is increased by action of any
Convention of the United Brotherhood, as of the effective date of any such
increase in per capita tax. Whenever, in the judgment of the General President,
the dues established by any Local Union or per capita tax by a District Council
appear inadequate to enable the Local Union or District Council to function
properly and in accordance with the Constitution and Laws of the United
Brotherhood, the General President shall have the authority to make a survey of
the finances of such Local Union or District Council. Upon completion of the
survey the General President shall submit a report to the General Executive
Board. The General Executive Board is authorized and empowered upon the basis of
the survey to establish the proper amount of such dues. The General Executive
Board is also authorized and empowered to establish a minimum fee to be paid by
each member for a working card. The amount of monthly dues payable by each
member to his or her Local Union shall be increased by the amount by which the
per capita tax provided in Section 45D, E or F is increased by action of any
Convention of the United Brotherhood, as of the effective date of any such
increase in per capita tax. When a Local Union raises its dues, initiation fee
or levies an assessment, a secret ballot vote shall be taken
56
at a special or called meeting. All members shall be notified by mail of time,
place, and purpose of the vote. All members in good standing shall be eligible
to vote. All assessments must be approved by the General President.
B Monthly dues shall be charged on the books on the first of each month, but a
member does not fall in arrears until the end of the month in which the member
owes three months' dues. No officer or member shall be exempt from paying dues
or assessments, nor shall the same be remitted or canceled in any manner. Credit
for payment of any month's dues will not be granted based on partial payments
but only on full payment of that month's dues.
C Any Local Union or District Council may establish working dues, dues checkoff,
supplemental work dues or work fees payable to the Local Union or District
Council by members working in its jurisdiction. If a member who owes such dues
or fees fails to pay them as provided by the Local Union or District Council,
such dues or fees shall be charged to the member by the Financial Secretary by
notice in writing that same must be paid within 30 days to entitle the member to
any privilege, rights or donations. If the member does not make payment of
arrears within the time prescribed, the member shall not be in good standing and
he or she shall be notified in writing by the Financial Secretary that unless
the amount owing is paid within thirty (30) days thereafter his or her name
shall be stricken from membership. Notices shall be sent to the last known
address of the member as reported by the member to the Local Union. In cases of
such assessments, working dues or fees owed to a District Council, notice to the
member by the District Council shall satisfy the requirements of this Section.
No officer or Business Representative, and no member receiving benefits of a
collective bargaining agreement, shall be exempted from paying dues or fees
established pursuant to this Section, nor shall the same be remitted or canceled
in any manner 57
D Each Local Union shall pay to the General Secretary-Treasurer Forty Dollars
($40.00) on each new member admitted (except first year apprentices) who works
in construction, and except as provided in Section 50, Eight Dollars and
Ninety-Five Cents ($8.95) effective January 1, 1996, for each member in good
standing working in construction and each non-member working in construction for
whom an agency shop or similar fee is received. All such revenue shall be used
for the general management of the United Brotherhood and One Dollar ($1.00)
shall be used for payment of funeral donations subject to the provisions of the
Constitution.
E Each Local Union shall pay to the General Secretary-Treasurer Twenty-Five
Dollars ($25.00) on each new member admitted who does not work in construction,
and except as provided in Section 50, Six Dollars and Thirty-Five Cents ($6.35)
per month effective January 1, 1996, for each member in good standing not
working in construction and each non-member not working in construction for whom
an agency shop or similar fee is received. All such revenue shall be used for
the general management of the United Brotherhood and Twenty-Five Cents (.25)
shall be used for the payment of funeral donations subject to the provisions of
the Constitution.
F Local Unions whose members were classified as Benefit Schedule I members as of
December 31, 1993 shall be subject to the per capita rates set forth in Section
45D on January I, 1994 and thereafter. Local Unions whose members were
classified as Benefit Schedule 2 members as of December 31, 1993 shall be
subject to the per capita rates set forth in Section 45E on January 1, 1994 and
thereafter. Local Unions having members who, prior to January 1, 1994, received
the United Brotherhood disability donation or joined at age 60 or older, shall
pay Six Dollars and Ten Cents ($6.10) per month effective January 1, 1996, for
each such member to be used in the general management of the United Brotherhood.
No exception shall be made except upon written approval of the General
President.
58
G The per capita tax shall be held as a standing appropriation. An order for the
same shall be signed by the President and Recording Secretary without requiring
a vote of the Local Union. Per capita tax includes the amounts prescribed under
Sections 45D, 45E, 45F and 50 for all members, applicants on applicant billing,
persons for whom an agency shop or similar fee is received, and members on
reduced dues as provided in Section 50. United Brotherhood of Carpenters and
Joiners of America Pension Plan contributions required under Section 61 shall
also be a standing appropriation. The General Executive Board is expressly
authorized to increase the per capita tax payable by Local Unions pursuant to
Sections 45D, 45E and 45F and allocable to the general management of the United
Brotherhood, by an amount not to exceed One Dollar ($1.00) per month effective
January 1, 1999, and One Dollar ($1.00) per month effective January 1, 2000.
Such action may be taken by majority vote of the General Executive Board upon
its determination, in its sole discretion, that an increase has become
appropriate or necessary to the continued effective operation of the United
Brotherhood and/or the fulfillment of its functions under the Constitution, or
is consistent with the spirit and intent of the actions of the 37th General
Convention. Any such increases shall remain in effect until the General
Convention of the United Brotherhood next following January 1,2000.
H The term "general management of the United Brotherhood" as used in
Sections 45D, 45E, 45F and 50 shall include the establishment and maintenance of
a Defense Fund. The General Executive Board is authorized to establish and
maintain such a Defense Fund, to allocate a portion of the assets of the United
Brotherhood to establish such a Fund and to allocate a portion of the per capita
tax of the United Brotherhood to the maintenance of such a Defense Fund. The
allocation of the per capita tax to the Defense Fund may be increased or
decreased from time to time as determined by the General Executive Board. The 59
Defense Fund shall be established and maintained for the purpose of enabling the
United Brotherhood to combat the forces at work throughout our jurisdiction
which seek to destroy or limit the United Brotherhood and its subordinate bodies
in achieving our legal aims of protecting the rights of its members and
prospective members and in carrying out the objects and principles of the
organization.
I A member who owes three months' dues must be reported on the Monthly Statement
as delinquent at the end of the third month and per capita tax deducted only for
the third month. The member shall not again be reported until: (1) the member is
dropped from membership for owing six months' dues or; (2) when the member pays
dues to keep within the six months' limit, but does not square the current
month, starting with the third month of his or her arrearages or any month
thereafter, dues paid for that month or months, must be reported on the Monthly
Statement giving date (day and month) and arrears tax will be charged; (3) when
all back dues including the current month are paid, the Financial Secretary
shall report same on the Monthly Statement as squaring arrears and per capita
tax for the unpaid months will be charged.
J It is the duty of the members of a Local Union to see that the per capita tax
of the Local Union is promptly paid. Therefore, when a Local Union is three
months in arrears to the United Brotherhood or to a District Council in payment
of per capita tax, the General President may suspend payment of all donations to
the Local Union or its members, and such Local Union shall not be entitled to
representation in a District, State or Provincial Council or other chartered
body of the United Brotherhood. When a Local Union is six months in arrears to
the United Brotherhood or to a District Council in payment of per capita tax,
its charter is lapsed. The Local Union shall be so notified and shall, upon
notice by the General President, cease to exist and shall return its charter to
the General Secre-
60
tary-Treasurer, and the Local Union and its members shall comply with the
provisions of Section 30. The General President may grant dispensation for the
Local Union to continue to operate provided it agrees to and complies with
arrangements established by the United Brotherhood for payment of arrearages.
K A member who owes the Local Union two months' dues shall be notified by mail,
in Address Correction Requested envelopes, at last known address by the
Financial Secretary, not later than the fifteenth (15th) day of the third month
of said delinquency, that if said arrearages are not paid before the last day of
the third month the member will be suspended from benefits of funeral donation
until the member squares up entirely all of the indebtedness (including dues for
the month in which the member squares up the arrearages) and furthermore that
the member will not be entitled to any donations during the time of such
arrearages or for a three-month period from the date of squaring all arrearages.
L A member who owes three months' dues or who has not squared his or her
arrearage in full shall not be entitled to the Password, or a seat, or office in
any meetings of a Local Union or District Council and is not in good standing
and is not entitled to vote.
M A member who owes a Local Union five months' dues shall be notified by mail,
in Address Correction Requested envelopes, at the last known address by the
Financial Secretary not later than the 15th day of the sixth month of said
arrearage. Unless dues are paid by the end of the sixth month, the member's name
shall be stricken from the list of membership without a vote of the Local Union.
M Local Unions may impose an assessment not to exceed Five Dollars ($5.00) for
each notice mailed pursuant to the requirements of Paragraphs K and M, above, to
be paid by the member to whom such notice is sent. 61
O All fines imposed and assessments legally levied including strike assessments,
and working dues, dues checkoff, supplemental work dues or work fees duly
established under Section 45C, shall be charged by the Financial Secretary to
the member from whom due, and the member shall be notified in writing that same
must be paid within thirty (30) days to entitle the member to any privilege,
rights or donations. If the member does not make payment within the time
prescribed, the member shall not be in good standing and he or she shall be
notified in writing by the Financial Secretary that unless the amount owing is
paid within thirty (30) days thereafter his or her name shall be stricken from
membership, except in case of a fine where an appeal is pending. Notices shall
be sent to the last known address of the member as reported by the member to the
Local Union. In cases of fines, assessments or such dues or fees owed to a
District Council, notice to the member by the District Council shall satisfy the
requirements of this Section.
P It shall be the duty of a member's home Local Union to promptly charge and
collect, in accordance with the provisions of Sections 45C and 450, all fines
imposed and assessments legally levied, and all dues and fees imposed under
Section 45C, against such member by any other Local Union or District Council,
upon written request of such other Local Union or District Council, and to
forward same to the Local Union or District Council to which the amount is owed.
If a Local Union fails to comply with this duty the General President may
suspend payment of all donations to the Local Union or its members.
Q A member who owes a fine or assessment may continue to pay dues unless and
until stricken from membership under Section 450.
TRANSFER CARD
A Section 46. A member who desires to transfer from the jurisdiction of the
Local Union or District Council to work
62
in another jurisdiction must surrender working card and present dues book to the
Financial Secretary, who shall fill out the Transfer Card and affix seal
thereto. Any Local Union or District Council may make application for a Transfer
Card on behalf of a member at the member's request. To be qualified to receive a
Transfer Card a member must have been a member of the United Brotherhood of
Carpenters and Joiners of America for at least six (6) months. It shall be
compulsory, except in case of strike or lockout, for the Local Union to issue
said card, providing the member has no charges pending and pays all arrearages,
together with current month's dues. All dues in excess of month of issue shall
be refunded to the member or be refunded upon request to the Local Union
accepting transfer. A member against whom charges are pending and who desires a
Transfer Card may be required to deposit a sum not to exceed One Hundred Dollars
($100.00) in escrow with the District Council or Local Union where no District
Council exists. Transfer Cards shall expire one month from date of issue, and in
such case if not returned to the Local Union issuing same within fifteen (15)
days after said expiration the member shall be assessed Two Dollars ($2.00). It
shall be optional with the Local Union or District Council to issue Transfer
Card in a jurisdiction where a strike or lockout is in effect. A member may
leave such jurisdiction without a Transfer Card to seek work in another
jurisdiction where no strike or lockout exists, provided the member presents a
statement over the seal of the Local Union or District Council in which
membership is held, showing that a strike or lockout is in effect in said
jurisdiction. The member shall pay the prevailing charge for a Working Permit in
the jurisdiction where work is secured. A District Council may by a Bylaw
properly adopted and approved restrict the use of Transfer Cards among Local
Unions within the District Council area.
B It is compulsory for. the member to report and deposit the Transfer Card at
the office of the District Council or Local Union where no District Council
exists, before securing work, and 63
comply with all local laws. And, in no case shall the Financial Secretary accept
dues other than to secure Transfer Card from a member working in the
jurisdiction of any other Local Union or District Council without the consent of
such Local Union or District Council. It shall be the duty of the Financial
Secretary accepting dues from a member for Transfer Card who is working in
another jurisdiction to immediately report same to the District Council or Local
Union where no District Council exists.
C A member who desires to work in another jurisdiction and who does not wish to
transfer membership, shall before going to work, secure a Working Permit in
writing from the Local Union or District Council in the jurisdiction where work
is secured. All Working Permits (other than the five-day Working Permits
referred to below) shall be made valid for not less than thirty days from date
of issue. The member shall present his or her dues book with current month's
dues paid and may be required to pay for such Working Permit the amount by which
the dues of the Local Union issuing the permit exceeds the amount of dues
payable to the member's home Local Union, and if less than two years a member
shall pay any difference in initiation fee, and shall be subject to any working
dues or other charges established in the area pursuant to Section 45C or 55B.
The member shall not be required to pay building or other assessments payable by
members of the Local Union/District Council issuing the Working Permit. If the
member's employment in the area in any calendar month is five working days or
less, in a single instance or cumulatively, the member will be required to
obtain a five-day Working Permit but will not be required to pay for such
Working Permit or any other assessments other than as specified above. Such
member will be required to notify the Local Union or District Council issuing
such five-day Working Permit upon his or her departure from their jurisdiction.
The General Executive Board may establish procedures to govern working permits
with respect to specially trained workers employed by specialty or
64
specialized contractors who bold agreements with the United Brotherhood.
Non-members desiring to work under the jurisdiction of the Local Union or
District Council shall be placed on application and shall pay initiation fee and
dues as provided in Section 44B. (Non-members shall not be issued Working
Permits unless authorized by the General Executive Board.) Notwithstanding the
foregoing, any District Council(s) and/or Local Union(s) (if not affiliated with
a District Council) may enter into an agreement, subject to the approval of the
General President, whereby the Working Permits required by this Section are
waived within their respective territorial jurisdictions. Once entered into and
approved by the General President, such agreements may not be modified or
rescinded except upon approval by the General President. Subject to the approval
of the General Executive Board, where the General President finds it to be in
the best interest of the members, locally or at large, the General President may
suspend the application of the provisions of Section 46C with respect to Working
Permits within the jurisdictional area(s) of one or more District Councils
and/or Local Unions and/or establish such policies or procedures with respect to
Working Permits as the General President may find to be appropriate.
D No Local Union shall have the right to collect dues again for the month paid
on a Transfer Card. The Local Union issuing the card shall pay to the General
Secretary-Treasurer the tax for said member for the month only in which the card
is issued, and membership will remain in the Local Union issuing Transfer Card
until card is deposited in another Local Union, whereupon the member becomes a
member of the Local Union wherein said card is deposited. When the Transfer Card
is deposited, the member becomes a member in the Local of deposit effective the
first day of the month following the month in which the Transfer Card was
issued.
E Any General Officer, while employed by the United Brotherhood, shall not be
required to take a Transfer Card from
65
the Local Union in which the General Officer holds membership at the time of
election or appointment.
F A member of a Local Union taking out a Transfer Card before two years a
member, shall pay, where the initiation fee is higher, into the Local Union
accepting the Card, a sum equal to the difference in initiation fee before the
Card can be accepted.
G On entering a Local Union a member with a Transfer Card shall present same
with Dues Book to the Local Union office. If the Card and Dues Book are in
order, and the identity of the member established to whom the Card is granted,
the member shall be admitted to the Local Union as a member thereof, provided
there is no strike or lockout in effect in that district, and the membership
shall be so notified at the next regular meeting.
H On deposit of a Transfer Card the Financial Secretary receiving it must sign
and affix the seal to the coupon and forward the properly completed card to the
General Secretary-Treasurer with the monthly membership update data. The Local
Union issuing the Transfer Card shall refund to the member all dues in excess of
the current month. The Financial Secretary receiving the Transfer Card shall
immediately report the same to the Financial Secretary issuing the Card.
I A member who re-deposits a Transfer Card must present Dues Book to the
Financial Secretary who shall report the return of said Card to the General
Secretary-Treasurer at the close of the meeting.
RESIGNATION OF MEMBERS
A Section 47. A member can withdraw or sever connection with the United
Brotherhood by submitting a clear and unequivocal resignation in writing to the
Local Union. A member who resigns can only be readmitted as a new member.
66
B A member resigning with current dues paid may be given an Honorary Resignation
Card indicating honorary withdrawal from the United Brotherhood if the member
truthfully affirms in writing that he or she is leaving the industry unless it
is known that the resignation has been submitted for the purpose of violating
Trade Rules. Such card Shall be furnished by the General Secretary-Treasurer on
application by the Local Union, on payment of Fifty Cents (.50) for each card.
Within 24 months of honorary withdrawal, an ex-member who in fact left the
industry may be readmitted to membership without payment of any initiation fee
by redepositing the Honorary Resignation Card with the issuing Local Union. If
such member pays all back dues for the period of withdrawal, he or she will
maintain the previous initiation date and as per Section 45 K will regain
donation status three months after the date of readmission but time during which
the member is on withdrawal shall not be counted as time in good standing for
the purpose of computing donations. If the member chooses not to pay all back
dues but commences paying dues as of the current month, he or she will be given
a new initiation date as of the date of readmission and shall be treated as a
new member. In either event, voting rights in accordance with Section 42J will
be reestablished upon completion of 12 months' consecutive membership in the
Local Union following readmission, and such member cannot be nominated for or
hold office under the terms of Section 31 until 24 consecutive months after
readmission. The foregoing readmission privilege may not be used more than once
in a 3-year period. When a member resigns, or is expelled, or an applicant as
covered by the Constitution and Laws of the United Brotherhood, who works to the
detriment of the United Brotherhood, the Local Union or District Council may
place a special initiation fee against such person, not to exceed Fifty Dollars
($50.00) over their regular initiation fee for new or ex-members as provided for
in their Bylaws
67
CONDITIONAL WITHDRAWAL
C A member employed under an industrial agreement (non-construction member) at
time of layoff (involuntary cessation of employment) whose dues are paid up for
the current month may request conditional withdrawal. If within 24 months the
member reapplies, the member can reactivate his or her membership in the Local
Union in which conditional withdrawal was granted without payment of initiation
fee. If at the time the member so reactivates membership the member pays all
back dues, he or she will maintain the previous initiation date and as per
Section 45 K. will regain donation status three months after the date of
reactivation of membership at the Local Union level but time during which the
member is on conditional withdrawal will not be counted as time in good standing
for the purpose of computing donations. If the member chooses not to pay all his
or her back dues but commences paying dues as of the current month, he or she
will be given a new initiation date as of the date of readmission and shall be
treated as a new member. When any member on conditional withdrawal reactivates
his or her membership, voting rights will be reestablished 12 months after
reactivating membership and such a member cannot hold office or be nominated for
office until 24 consecutive months after reactivation of membership at the Local
Union level and must satisfy the requirements of Section 31. Affiliates desiring
to use this procedure shall submit a written request to the General
Secretary-Treasurer.
MEMBERS ENTITLED TO FUNERAL DONATIONS
A Section 48. A funeral donation is payable for an eligible member, according to
the Donation Schedules below. An eligible member is a person admitted to
membership in the United Brotherhood before January 1, 1994, who was not over
sixty (60) years of age at the time of admission, who dies while in good
standing and at least three months after fully squaring any arrearages in
monthly dues, and who has at least thirty (30) years'
68
continuous membership under Schedule I or 2 at the time of death. Members
admitted before January 1, 1994 shall retain the Schedule classification they
had as of December 31, 1993 subject to the provisions of Section 251, provided
that members who work in construction shall not be eligible for Schedule 2
status.
Donation Schedule 1: An eligible member with thirty (30) years' continuous
membership and Schedule I status at the time of death, qualifies for a $1,000
funeral donation.
Donation Schedule 2: An eligible member with thirty (30) years' continuous
membership and Schedule 2 status at the time of death, qualifies for a $300
funeral donation.
B The purpose of the funeral donation is to see that the deceased member is
respectably interred; therefore, on the death of a member in good standing as
defined in Section 45, the donation shall be paid in the following order of
priority: (1) To any person (including the estate of the deceased member)
presenting satisfactory proof that he or she has paid the funeral bill, in an
amount not to exceed the full donation or the amount of the bill, whichever is
the lesser; (2) if no satisfactory proof, as called for in (1), is received
within sixty (60) days after the member's death, or if there is a remainder
after payment is made under (1), the full donation, or the remainder, may be
paid to (a) the surviving spouse, if any; (b) if there is no surviving spouse,
to one or more of the surviving children, if any, in amounts to be determined in
the sole discretion of the General Secretary-Treasurer; (c) if there are no
surviving spouse or children to the estate of the deceased. If it appears to the
satisfaction of the General Secretary-Treasurer that there are insufficient
assets of the deceased to warrant opening of an estate, payment may be made in
the sole discretion of the General Secretary-Treasurer, to the person who has
accepted responsibility to see that the deceased is respectably interred.
C If a member in good standing dies without leaving any known legal heirs to
assume responsibility of burial, the Local Union shall see the deceased
respectably interred. The officers
69
or a committee of the Local Union shall attend the funeral and the United
Brotherhood shall pay the funeral expenses, but in no case shall these expenses
exceed the full amount of the donation to which the member is entitled at the
time of death, nor shall the United Brotherhood be held liable for any further
donation in the name of the deceased member.
D All revenues of the United Brotherhood, including those provided for payment
of Donations under the Constitution, are part of the United Brotherhood's assets
for the general management of the union and may be subject to the claims of
general creditors of the United Brotherhood. If claims of general creditors of
the United Brotherhood or other circumstances should require use of such
revenues, it could be necessary to reduce or terminate Donation payments
provided for under the Constitution.
APPLICATION FOR DONATIONS
A Section 49. The person applying for donation shall present to the Local Union
concerned a certificate of death, and, if approved by the Local Union, the same
shall be forwarded by the Financial Secretary to the General
Secretary-Treasurer, with the United Brotherhood's donation application form
properly completed and with all other papers required.
B All applications for donations must be filed with the General
Secretary-Treasurer within six months from date of death, failure to do so shall
invalidate the claim. If a claim is disapproved by the General
Secretary-Treasurer, the party or parties shall have the right to appeal to the
General Executive Board any time within three months from the date of
disapproval and, if still dissatisfied, shall have the right to appeal any time
within two years from date of decision by the General Executive Board to the
next General Convention.
C Upon receipt of a claim, the General Secretary-Treasurer shall investigate the
same and, if approved, shall at once forward to the Financial Secretary a bank
check or draft for the amount of the donation due and payable to the person
entitled to receive it.
o Any officer, member or Local Union making use of improper means to obtain
donations, or who shall make false statements or knowingly presents or signs any
claim of a fraudulent character for donations, upon proof thereof when properly
charged and if found guilty, may be fined, suspended or expelled from the United
Brotherhood.
REDUCED DUES
Section 50. Dues for members who are no longer working at the trade, who are age
65 or older, and who have not less than 30 years' continuous membership, shall
be Six Dollars ($6.00) per month. The Local Union shall pay to the General
Secretary-Treasurer Four Dollars ($4.00) per month per capita tax for each such
member. All such revenue shall be used for the general management of the United
Brotherhood, and One Dollar ($1.00) of the per capita on Donation Schedule I
members and members who work in construction, and Twenty-Five Cents ($.25) of
the per capita on Donation Schedule 2 members and members who do not work in
construction, shall be used for payment of funeral donations subject to the
provisions of the Constitution.
OFFENSES AND PENALTIES top
A Section 51. Any officer or member found guilty after being charged and tried
in accordance with Section 52, for any of the following offenses, may be fined,
suspended or expelled only by a majority vote of the members of the Local Union
present at a regular meeting, or of the delegates to the District Council having
jurisdiction of the offense. In cases of Industrial Councils, fines or
suspensions of membership rights may be imposed by majority vote of the
Executive Committee. Expulsions may be ordered only by majority vote of the
delegates to the Industrial Council.
(1) Causing dissension among the members of the United Brotherhood.
71
(2) Advocating division of the funds of the United Brotherhood or any
subordinate body thereof.
(3) Advocating separation of any subordinate body from the
United Brotherhood.
(4) Misappropriating the funds of any subordinate body, or any moneys entrusted
to him or her by a member or candidate for the account of any subordinate body.
(5) Improper harassment of any member of the United Brotherhood.
(6) Defrauding the United Brotherhood or any subordinate
body.
(7) Furnishing to any unauthorized person, without the consent of the Local
Union, a list of the membership.
(8) Divulging to any unauthorized person, the business of any
subordinate body without its consent.
(9) Divulging the quarterly Password for any purpose other
than to enter the meeting.
(10) Crossing or working behind a picket line duly authorized by any subordinate
body of the United Brotherhood.
(11) Failure to deposit Transfer Card before going to work in a locality where a
strike or lockout is pending or in effect.
(12) Lumping for any owner, builder, contractor, manufacturer
or employer.
(13) Violating the Obligation.
(14) Soliciting or accepting contributions, by a candidate for any elective
office or position, from other than members of the United Brotherhood.
R Any member charged with violating the Bylaws and Trade Rules of the locality
in which he or she is working may be charged and tried in accordance with
Section 52, and if found guilty may be fined in an amount not in excess of
ThreeHun-
72
dred Dollars ($300) by the Local Union, District Council or Industrial Council
having jurisdiction.
C No officer, representative or member of the United Brotherhood or any Council
or Local Union shall be subject to charges or trial based on their actions in
complying with or assisting or cooperating in implementing any instructions,
directions or rulings of the United Brotherhood or any General Officer.
D A member against whom charges have been preferred, may attend meetings until
the charges have been disposed of. An officer, business representative,
delegate, or committee member may be suspended from office by a majority vote of
the members of a Local Union at a regular meeting, or by a majority vote of
delegates to a District Council or members of the Executive Committee of an
Industrial Council while the case is pending. Where a Local Union is affiliated
with a District Council, only the District Council shall have the authority to
vote such a suspension. Where a Local Union is affiliated with an Industrial
Council only the Industrial Council Executive Committee shall have the authority
to vote such a suspension. An officer or Business Representative may be
suspended without pay but if such an officer or Business Representative is found
not guilty of all charges, by a Trial Committee or on appeal, he or she shall be
entitled to recover all back pay withheld from the Local Union, District Council
or Industrial Council.
CHARGES AND TRIALS top
A Section 52. Any member charged with an offense under Section 51 or Bylaws or
Trade Rules shall be given a fair and impartial trial, and must exhaust all
remedies allowed by Sections 52 and 53 before taking the case to the civil
courts.
B A member must be charged and tried within the jurisdiction of the Local Union,
District Council or Industrial Council where the offense was committed. Where a
District Council or Industrial Council exists, all charges shall be filed in and
tried 73
by the District Council or Industrial Council. Provided, however, that the
General Executive Board shall have jurisdiction to initiate and conduct trials
pursuant to the provisions of Section 14D. Where a District Council of
Industrial Council is under supervision, the General President may authorize the
filing and processing of charges in an affiliated Local Union.
C All charges must be in writing, must specify the particular Paragraph of
Section 51 or the particular Bylaw or Trade Rule violated, and must contain a
brief statement of the facts upon which the charge is based.
D When charges are filed in the Local Union, District Council or Industrial
Council, they shall be referred promptly to the Executive Committee of the Local
Union, District Council or Industrial Council.
(1) The Executive Committee shall dismiss any charge alleging a violation
described in Section 51A that is filed more than six (6) months after the date
the violation occurred or reasonably should have been discovered; any charge
alleging a Bylaw or Trade Rule violation that is filed more than thirty (30)
days after the violation occurred or reasonably should have been discovered; and
any charge that the Committee determines is without sufficient foundation or
does not conform to the provisions of Paragraphs B and C above.
(2)
If the Executive Committee determines that charges conform to the provisions of
Paragraphs B and C above, the member shall be notified in writing to appear
before the Executive Committee.
The charges shall then be processed according to one of the following
alternatives:
(a) If it appears to the satisfaction of the Executive Committee that the
violation occurred, the Executive Committee may reprimand the member and make
such action a part of the record of the Local Union, District Council or
Industrial Council. The Executive Committee shall have no
74
authority to impose penalties. When any member is charged with violating the
Bylaws and Trade Rules of a Local Union, District Council or Industrial Council,
and the records of the Local Union, District Council or Industrial Council show
that the member has previously been reprimanded, the charges shall be referred
for trial and/or plea, as the case may be.
(b) The Executive Committee may refer the charges for trial to the Local Union
or District Council, or to the Trial Committee of the Industrial Council.
(c) A Local Union, District Council or Industrial Council may adopt a procedure
whereby an accused may plead guilty to specific charges, agree to pay a fine
acceptable to the accused and Local Union or Council and waive trial and all
appeals (other than an appeal alleging violation of the waiver agreement). The
waiver agreement must recite the Sections allegedly violated and the
specifications for the charges.
E All charges referred to a Local Union or District Council must be read at the
meeting and lay over until the next meeting, and the member must be notified by
registered or certified mail by the Recording Secretary of the Local Union or
District Council to be present, and at the same time shall be furnished by the
Recording Secretary with a copy of the charges specified. If a standing Trial
Committee has been established, the notice shall list the names of the members
of the Trial Committee and advise the accused member of his right to strike from
said list any three names which appear thereon, and the accuser shall at the
same time be furnished with that list and notified of his right to strike three
names. The notice shall be sent to the member's last known address. In the case
of an Industrial Council, the accused shall be furnished by the Secretary of the
Executive Committee with a copy of the charges, sent to the member's last known
address, together with a list of the names of the members of the standing Trial
Committee and the mem- 75
ber shall be advised of his right to strike from said list any three names which
appear thereon. At the same time the accuser shall also be furnished with a list
of the names of the members of the standing Trial Committee and notice of his
right to challenge three members thereof.
F A Trial Committee consisting of five members of the Local Union or five
delegates to the District Council shall be selected as follows:
(1)The Local Union or District Council shall nominate eleven members or
delegates. The Recording Secretary of the Local Union or District Council shall
place their names in the ballot box and the Vice President shall draw the same
from the box and call the names aloud until five have been drawn. The accused
and the accuser shall have the alternative of each challenging any three members
of the Trial Committee; the member so challenged shall not serve. When the five
have been selected, they shall constitute the Trial Committee and the case shall
be given to them for trial.
(2)In the alternative a Local Union or District Council may appoint or elect a
standing Trial Committee consisting of eleven members. If the Local Union or
District Council receives timely challenges in any case, the names of the
challenged members shall be stricken from the list. After the time for
challenges has expired, the Local Union or District Council President shall
appoint five members of the standing Trial Committee to hear the case and the
case shall be given to them for trial.
(3)The President of an Industrial Council shall appoint a standing Trial
Committee consisting of eleven members from among the members of the Local
Unions affiliated with the Industrial Council. If the Secretary receives timely
notice of challenges in any case, the names of the members challenged shall be
stricken from the list. After the time for
challenges has expired, the Secretary shall appoint five members of the standing
Trial Committee to hear the case and the case shall be given to them for trial.
G Any officer or member who is a party to or directly interested in any case in
a Local Union, District Council or Industrial Council, shall not be permitted to
act as a member of the Trial Committee. Members of the Local Union Executive
Committee (where charges are processed in a Local Union), or members of the
District Council or Industrial Council Executive Committee (where charges are
processed in a District Council or Industrial Council) shall not be permitted to
act as members of the Trial Committee. Where sufficient eligible delegates are
not available to form a Trial Committee panel, a District Council may draw upon
members of affiliated local unions.
H At the request of the Chairperson of the Trial Committee, the Recording
Secretary of the Local Union or the Secretary of a District Council or
Industrial Council shall, without delay, summon the accused and accuser in
writing, together with all witnesses whose names have been submitted in writing,
and the case shall be tried on such date(s) as the Chair shall determine.
I The accused and the accuser may appear before the Trial Committee in person
and/or by counsel (who shall be a member of the United Brotherhood), and shall
be entitled to be present at all times when the Trial Committee is receiving
evidence. All testimony shall be accurately recorded in writing. There shall be
only one official transcript of the proceedings as authorized by the Local
Union, District Council, or Industrial Council Executive Committee and the Trial
Committee Chair-person shall prohibit the recording or other transcription of
the proceedings other than by the designated official reporter. Persons who are
not members may be called as witnesses by either side. No member shall be
suspended, expelled or fined in an amount in excess of Two Hundred and Fifty
Dollars ($250.00) unless the proceedings of the Trial Committee shall have been
77
properly recorded by a competent stenographer who need not be a member. If the
accused fails to appear, the Trial Committee shall proceed with the trial as
though the accused were present. In the event that the accuser fails to appear,
costs of the trial not exceeding Fifty Dollars ($50.00) may be charged against
the accuser and the charges shall be dismissed by the Chairperson of the Trial
Committee forthwith.
J The following trial procedure shall be observed:
(1) The Chairperson shall read the charges and ask the accused if he or she is
"guilty" or "not guilty." If the plea is "guilty"
the Trial Committee shall so find and shall report its verdict to the Local
Union, District Council or Industrial Council Executive Committee without
further proceedings. If the plea is "not guilty" the trial shall then
proceed. (2) The accuser's case shall be presented first.
(3) Witnesses shall be called into the trial room one at a time, and will leave
upon completing their testimony, subject to recall by either the Trial Committee
or any of the parties, (4) The accuser's witnesses shall be called first.
(5) Each party or his or her counsel shall have the right to cross-examine
witnesses presented by the other party.
(6) Before the Trial Committee shall begin their deliberations, all other
persons shall leave the trial room.
K When the committee has come to a decision in the case, the Chairperson of said
committee shall so notify the Local Union, District Council or Industrial
Council Executive Committee. The committee shall submit a full report of the
case with their verdict in writing to the Local Union, District Council or
Industrial Council. The Local Union, District Council or Industrial Council
Executive Committee shall notify the accused of the meeting at which the
committee's report will be presented, and that if the finding is guilty that any
penalty to be imposed will be considered at that meeting. The notice shall be
mailed to the accused and accuser at
78
their last known addresses not less than ten (10) days before the meeting at
which the committee will report.
L If the finding is guilty, the Trial Committee shall recommend in its report
such legal penalty as it deems proper, which then must be approved by a majority
of the members present. there shall be no debate or review of the case by the
Local Union, District Council or Industrial Council Executive Committee, except
that the accused and the accuser shall be allowed to plead for, or state their
side. The Chair shall announce the penalty. The accused member and the Local
Union to which the member belongs shall be notified of the verdict and the
penalty.
M The penalty imposed upon a member may be set aside or reduced by a majority
vote of the members of the subordinate body which imposed it before an appeal is
filed. After an appeal is filed the penalty may be reduced or set aside only
with the approval of the General Executive Board.
APPEALS AND GRIEVANCES
A Section 53. A member who has been found guilty of a charged violation under
Section 52 may file an appeal with the General Secretary-Treasurer in accordance
with the provisions of this Section. No appeal shall be permitted from a verdict
of a Trial Committee finding a member not guilty of charges filed against him or
her. All appeals received in proper form shall be referred by the General
Secretary-Treasurer to an Appeals Committee for decision, subject to a final
appeal to the General Executive Board; provided however, that cases involving
expulsions from membership may be appealed to the General Convention.
B The Appeals Committee shall be appointed by the General President and shall
consist of five (5) members. The Chair-person of the Appeals Committee shall be
designated by the General President and all members of the Appeals Committee
shall serve at the discretion of the General President. Three (3) members shall
constitute a quorum of the Appeals Committee 79
and the Appeals Committee may decide any case referred to it by a majority vote
of the members present and voting at any meeting at which a quorum is present.
Where the circumstances warrant, and subject to the approval of the General
President, the Chairperson of the Appeals Committee may designate one or more
members of the Appeals Committee to conduct a hearing or other investigation in
any case and report findings and recommendations to the next meeting of the
Appeals Committee. The decisions of the Appeals Committee shall be reported by
the Chairperson to the General Secretary-Treasurer who shall notify the parties
of said decisions.
C The penalty imposed by a Local Union, District Council or Industrial Council
shall not be effective while an appeal to the Appeals Committee is pending
except as provided herein. The penalty of expulsion or suspension shall not be
enforced during the time provided for filing an appeal under Section 53D.
(1) No appeal can be entertained by the Appeals Committee where any sum of money
in excess of Fifty Dollars ($50.00) is involved unless the appellant has first
paid to the Local Union, District Council or Industrial Council Fifty Dollars
($50.00) on account, to be held until the appeal is decided by the Appeals
Committee, and if said appeal is decided against the appellant, the full amount
imposed must be paid before a further appeal can be taken.
(2) In all cases where the fine is Fifty Dollars ($50.00) or less, the member
fined shall pay the full amount to the Local Union, District Council or
Industrial Council imposing same.
(3) When a fine is imposed by the Local Union, District Council or Industrial
Council and an appeal is taken, any payment of said fine shall be held by the
body assessing same until said appeal is finally and completely decided.
D An appeal to the Appeals Committee shall be filed within sixty (60) days from
the date the penalty was imposed. (An appeal is considered as filed on the date
it is received at the
80
General Office of the United Brotherhood as provided in section 53I.) A copy of
the appeal shall be mailed or delivered to the Local Union, District Council or
Industrial Council imposing the penalty. Every appeal shall contain:
(1) A brief statement of the case and the grounds relied upon by the appellant.
(2) The penalty, the date imposed and the Local Union, District Council or
Industrial Council which imposed it.
All appeals must be sworn to before a Notary Public. If a fine is involved, the
appeal must be accompanied by a receipt showing payment of the amount required
by Paragraph C above.
E When an appeal is filed, the Local Union, District Council or Industrial
Council shall file an answer which shall include the following:
(1) A copy of the charges.
(2) A copy of the minutes and/or transcript of the Trial Committee setting forth
the evidence submitted at the trial.
(3) The report of the Trial Committee.
(4) The penalty placed against the appellant, the vote thereon, and the date
imposed.
The answer must be sworn to before a Notary Public and must be filed with the
General Secretary-Treasurer within thirty (30) days after notice that the appeal
has been accepted. A copy of the answer, together with a complete record of the
Trial Committee proceedings, shall be served upon the appellant.
F If a Local Union, District Council or Industrial Council fails to file an
answer in accordance with the requirements of Section 53E, the Appeals Committee
shall nevertheless have the power to decide the appeal on the evidence before
it, and no further appeal by the Local Union, District Council or Industrial
Council may be taken. 81
G Any member, or any Local Union, District, State or Provincial Council or
Industrial Council having any grievance may appeal to the General President
within thirty (30) days from the date the grievance occurred. All protests
directed to the conduct of nominations or elections, or election procedures, in
any subordinate body may be appealed to the General President within thirty (30)
days from the date of the election. All grievances and election protests shall
be in writing and shall contain a brief statement of the grounds relied upon.
Decisions of the General President on protests directed to the conduct of
nominations or elections, or election procedures, shall be final. Decisions of
the General President on grievances may be appealed to the General Executive
Board, whose decision shall be final. Also, decisions of the General Executive
Board in all cases involving geographical jurisdiction, mergers, consolidations,
and formation of Councils shall be final.
H All appeals from decisions of the General President or the Appeals Committee
to the General Executive Board must be filed with the General
Secretary-Treasurer within thirty (30) days from the date of receipt of the
General President's decision or notice of the decision of the Appeals Committee.
Also, any appeal from a decision of the General Executive Board to the General
Convention must be filed with the General Secretary-Treasurer within thirty (30)
days from the date of receipt of the decision of the General Executive Board.
I An appeal, protest, grievance or answer shall be considered as filed under
this Section on the date it is received at the General Office of the United
Brotherhood; if received on a Monday or the day after a holiday they shall be
considered as filed on the last preceding day on which the General Office was
open for business.
J All members and all Local Unions and Councils are required to exhaust the
administrative remedies provided in this Section before commencing proceedings
in any court or any agency provided by law. This provision shall not supersede
or
82
limit the right to petition law enforcement authorities to remedy
alleged violations of criminal law.
FUNDS OF LOCAL UNIONS
A Section 54. The General Funds or property of a Lo-dU Union or Council shall be
used only for such purposes as
ore specified in the Constitution and Laws of the United Broth-erhood and as may
be required to transact and properly conduct its business, viz.: Payment of
salaries and donations to sick members; purchasing stationery, books, cards,
printing, payment of rent, or any legally authorized bill against the Local
Union or Council. But under no circumstances shall any of the General Funds be
used for loans or donations to members, Contingent Funds, credit union sponsored
by the Local Union or Council, or for political or religious purposes. Violation
of this Section subjects the offending Local Union or Council to the penalty of
suspension. Funds to be used for any other purpose must be handled through a
Contingency Fund.
B No donation for any purpose, except sick donations, shall be given except by a
majority vote of members present, and cannot be declared valid at the meeting of
its introduction, but must lay over to the next meeting (except in case of
appeals for aid from Local Unions on strike with sanction of the General
Executive Board).
C The funds or property of a Local Union cannot be divided in any manner among
the members individually, but shall remain the property of the Local Union for
its legitimate purpose while ten members remain therein.
D All moneys paid out of the funds of a Local Union with the exception of per
capita tax, cost of bonds of financial officers and payments required under
Section 61B must be by majority vote of the members present. No appropriation of
money can be voted after 10:30 p.m.
E Any Local Union charging more than the minimum dues as prescribed in Section
45A or any Council may create a 83
special Relief and Contingent Fund for use aside from the General Fund. Local
Unions may use all dues in excess of the above dues, all assessments levied for
non-attendance at special or regular meetings, proceeds of entertainments, and
may levy an assessment for said fund in accordance with provisions governing
special assessments. Councils may use any revenue in excess of that required for
proper operation of the Council for such Contingency Fund.
F This fund may be used for the relief of aged members, organizations, or for
any other purpose the Local Union may decide, except to support a dual
organization, for partisan politics, religious purposes, or investments in a
credit union sponsored by the Local Union, or for any purpose that may be
inimical to the interests of the United Brotherhood; provided, however, if
property is purchased with said fund the property shall be held in the name of
the Local Union or Council of the United Brotherhood of Carpenters and Joiners
of America, as specified in the Constitution of the United Brotherhood. The term
partisan politics does not include support of or financial contribution to a
candidate for state, provincial or local office provided such support or
contribution is not contrary to law, is approved by vote of the members or
delegates to the body, and is based not on party politics or the candidate's
political affiliation but is based on the candidate's position as a supporter
and advocate of objects, principles and legislative goals of our organization.
GENERAL STRIKES AND LOCKOUTS
A Section 55. Strikes and lockouts in Local Union or Council areas shall be
financed by the Local Union or Council as provided in Paragraph B of this
Section, together with such funds of the Local Union or Council as it may
appropriate or provide for by separate assessment. The United Brotherhood shall
not be financially responsible for such strikes or lockouts and shall not, by
approving strike action in a Local Union or Council area or by assigning a
representative to assist a Local Union or Council in settling a dispute or
negotiating an agreement, assume financial responsibility for a strike or
lockout. The
84
Geneial Executive Board may, in its discretion, grant supplemental financial
assistance to a Local Union or Council in the event of a strike or lockout, in
such amount and under such terms as the General Executive Board shall determine
to be appropriate and COnsistent with the interests of the entire United
Brotherhood. A Local Union or Council seeking or obtaining such supplemental
financial assistance shall comply with the following provisions set forth in
Section 55. The authority of the General Executive Board as established in this
Section may be exercised by the General President, in consultation with the
General Secretary-Treasurer, subject to such rules as the General Executive
Board may from time to time adopt. Requests for financial assistance, together
with all supporting information, shall be submitted to the General President.
B Members affected by a strike but who are permitted to work in a bargaining
area where a strike is in progress shall pay an assessment to the District
Council or Local Union an amount not less than two hours' pay for each day
worked during the strike for the purpose of establishing a strike and defense
fund. Such fund shall be used to provide benefits for members unemployed because
of the strike and to pay bills and other expenses incurred in connection
therewith. A Local Union or Council which has an adequate reserve in its strike
fund may request dispensation from the General President to reduce the amount of
the assessment payable under this Section.
LABEL top
A Section 56. The following design shall be the official label of this United
Brotherhood.

B The following design shall be the official emblem of the United Brotherhood.

C The General Office shall, as soon as possible, through the good offices of
some District Council or Local Union in each State or Province, have the label
registered. Registry is to be in the name of the United Brotherhood of
Carpenters and Joiners of America, and the expense to be borne by the General
Office. After such registry, each District Council, or Local Union where no
District Council exists, shall apply to the First General Vice President for
sanction to use the label and give such information pertaining to conditions in
that district as required, and after receiving sanction from the First General
Vice President, shall issue labels of the foregoing design, with name or number
of the District Council or Local Union issuing same, printed in its proper place
on the label, to such shops and mills in that district as are entitled to same,
and all labels must be secured from the General Office, which shall furnish them
at cost under the conditions set forth herein.
D No agreement shall be made or renewed with any firm granting the use of the
label after April 1, 1916, unless all shops and mills of the firm have an
eight-hour work-day or less and employ only members of the United Brotherhood,
except where dispensation has been granted by the General President upon
application from the District Council or Local Union.
E Each shop, mill or factory shall have a Shop Steward who shall have
supervision over the label, stamp, or die; it shall be the duty of the Steward
to see that said label, stamp, or die
86
shall not be placed on any manufactured article other than that which is made
under the agreement. Said label must be applied to the article in the shop or
mill where manufactured and must at no time be removed for use from the shop or
mill. It shall be the duty of the Shop Steward to see that the agreement with
the District Council or Local Union is carried out in its entirety.
F The Shop Steward shall be appointed by the Business Representative or elected
by the employees of the shop, mill or factory where employed. The Shop Steward
shall not be removed except for good cause and then only in the same manner in
which he or she was selected.
G Under no circumstances shall employers be permitted to handle labels or have
them in their charge, nor shall anyone but a member of the United Brotherhood be
permitted to attach them, and the Shop Steward shall at all times keep them
securely locked up, so that no one else may have access. All labels shall be
attached to finished product by members of the United Brotherhood in such a
manner that they cannot be removed therefrom without destroying the label.
H Each label except decal shall have the factory, shop or mill number stamped
thereon. Wherever a label except decal is applied without the factory number
thereon it shall be regarded as forged. The factory number, in conjunction with
the name of the District Council or Local Union issuing said label, will thus
permit recognition of the product of any particular factory in any part of the
jurisdiction of the United Brotherhood.
I It shall be the duty of the Secretary of each District Council or Local Union
issuing labels to keep a correct and accurate account of all labels received
from the General Office, their numbers and the shops to which they have been
issued, and to furnish all information regarding the use of the label which may
be called for by the District Council or the First General Vice President.
J The Shop Steward shall receive and account for the use of the labels and make
a report to the District Council or Local
87
Union monthly, or oftener if required, and to the First General Vice President
upon request.
K Upon request of the First General Vice President, a representative shall be
sent to investigate the conditions of any mills using the label, and upon
receipt of report the General President shall furnish a copy of same to the
First General Vice President.
L In case of any violation of an agreement or grievance against an employer, the
label shall be withdrawn when ordered by the First General Vice President.
M The First General Vice President, with the sanction of the General Executive
Board, shall have the power to order the withdrawal of the label from any
factory, shop or mill, upon charges duly made, and shall have power to regulate
and investigate the issuance of the label in accordance with the Constitution
and Laws of the United Brotherhood. The First General Vice President shall have
power to grant dispensation for use of the label, stamp or die where such will
be beneficial to the Organization.
N It shall be the duty of all District Councils, Local Unions and each member to
promote the use and installation of trim and shop-made carpenter work, hotel,
bank, bar, store, and office fixtures, and of church, school, household
furniture, etc., bearing the Union Label, and to make it generally known to the
members of the Local Union that it is necessary to all mill and shop members and
the United Brotherhood that products made in factories, shops or mills where
only members of the United Brotherhood are employed should be installed by
fellow-members.
0 Where owner or architect specifies that union materials shall be used on any
job or building, none other shall be handled by the membership of our
Brotherhood, under penalty of suspension from the United Brotherhood.
P The misuse of the Union Label or Stamp by the Shop Steward shall subject the
Shop Steward to charges and if found guilty, after being charged and tried, he
or she shall be fined
88
not less than Fifty Dollars ($50.00) and removed as Shop Stew-ard for the first
offense, and for the second offense shall be ex-
No member shall use or authorize the use of any copy replica or other
duplication of the label or emblem of the United Brotherhood or any part thereof
for any personal, com-ercial or other unofficial use without the express written
ap-proval of the General Executive Board.
SUPPLIES FOR LOCAL UNlONS
Section 57. All Constitutions, cards and supplies shall be furnished by the
General Secretary-Treasurer, per order of the Financial Secretary or Recording
Secretary of any Local Union or subordinate body in good standing, and the money
for the same will be billed or shall accompany all orders for supplies when sent
to the General Secretary-Treasurer.
AFFILIATIONS
Section 58. Being affiliated, as an International Body, with the AFL-CIO and the
Canadian Labour Congress, it is the duty of all Local Unions to affiliate with
the appropriate Central, State and Provincial Bodies of the AFL-CIO and the
Canadian Labour Congress. Tax to the AFL-CIO and Canadian Labour Congress is to
be paid directly from the General Office. All Local Unions shall affiliate with
all Provincial, State and Local Building and Construction Trades Councils where
such bodies exist unless good and sufficient reason for not becoming so
affiliated, or remaining so affiliated, is furnished to the General President,
and the General President grants an exemption from such affiliation.
AMENDMENTS top
A Section 59. The Constitution herein contained can be amended or altered at
regular sessions of the Convention by a majority vote of the delegates present.
89
B All amendments to the Constitution submitted by Local Unions, District, State
or Provincial Councils for the consideration of the Convention shall be filed
with the General Secretary-Treasurer not later than sixty days preceding the
holding of the Convention, and the said amendments shall be published in
"The Carpenter" in the issue immediately following the expiration of
the filing deadline by the General Secretary-Treasurer. Proposed amendments must
list the Section and paragraph that is to be amended and must be typewritten,
signed by the President and Secretary of the Local Union or Council, and under
Official Seal. No further amendments shall be considered by the Constitution
Committee, other than those submitted in accordance with the above or submitted
to the Constitution Committee by the General Executive Board; however,
amendments offered from the floor to any Section while it is being reported on
by the Constitution Committee may be taken under advisement by the Constitution
Committee.
C At any time the General Executive Board deems a new law or amendment is
necessary to govern the United Brotherhood, they may recommend a clause to the
Local Unions to be submitted to a general vote in accordance with this Section;
and should a majority vote of the members voting at a special called meeting
support the recommendation, it shall become a law. No new laws or amendments
shall be submitted for a vote of the Local Unions between Conventions in which
the result of such vote would not become a law six months prior to the holding
of the General Convention.
D Any Local Union may submit an amendment to the Constitution of the United
Brotherhood. The proposed amendment must be sent to the General
Secretary-Treasurer, who shall publish it in "The Carpenter" one month
prior to the next regular meeting of the General Executive Board, and if
approved by that body, it shall be submitted to a general vote. A proposed
amendment which is endorsed at meetings called for that purpose by at least
thirty (30) Local Unions located in as many States and/or Provinces, and
provided further that the members of the Local Unions which endorse the proposed
amendment constitute at least
90
twenty-five (25) percent of the total membership of the United Brotherhood as of
the date the proposal is submitted, approval of General Executive Board shall
not be required.
E All proposed amendments to the Constitution must be submitted separately
listing the section and paragraph that is to be amended.
F Whenever a general vote of the members is taken, a state-ment shall be
submitted along with it by the parties sending it out, giving their reasons why
such amendment should become a law, and the General Secretary-Treasurer shall
state the number and lo-cation of the Locals that have endorsed same. It shall
require a majority vote of the members voting, by secret ballot to decide, and
said general vote, under Seal of the Local Union, shall be returnable to the
General Secretary-Treasurer within six weeks from date of circular calling for
the vote, and the result, pro and con, in each Local Union shall be published in
pamphlet form containing a copy of amendment or amendments voted on and
distributed to all Local Unions in the same manner as the monthly Financial
Statement. It shall be unlawful for any Local Union to report members as having
voted on any referendum unless they are present and voting. Any Local Union or
Union official that conspires to willfully make a false report on votes cast on
a referendum shall be subject to charges under Section 51 of the Constitution of
the United Brotherhood of Carpenters and Joiners of America.
PROPERTY
Section 60. All officers, Business Representatives and assistant Business
Representatives, at the expiration of their term of office, when removed or
suspended under Section 51D, or when their offices are declared vacant, shall
deliver to their successors all books, papers, moneys and other property in
their possession belonging to the United Brotherhood, and they shall not be
relieved from their bonds or obligations until this Law is complied with. A
financial officer shall be entitled to have an audit made of his or her
financial books and records before turning them over 91
to his or her successor. In the event an audit is not made in accordance with
the foregoing, a financial officer succeeding to office shall be entitled to
have an audit made of his or her predecessor's financial records. Delivery of
financial books and records to the Trustees or auditor selected by the Local
Union or Council shall constitute compliance with this section. The cost of such
audit is to be borne by the Local Union or Council.
PENSION PLAN
A Section 61. There shall be established and maintained by the United
Brotherhood a Pension Plan for such officers and representatives as may be
eligible, including such other employees as may be necessary to maintain
qualification of the Plan as a tax exempt trust within the meaning of the U.S.
Internal Revenue Code. The Pension Plan shall be known as "United
Brotherhood of Carpenters and Joiners of America Pension Plan."
B The United Brotherhood and each Local Union, District, State, Provincial and
other Councils shall pay each month to the Trustees of the Pension Plan an
amount equal to 13 percent of the gross monthly compensation of each officer,
representative, and employee covered by the Plan, which shall be a standing
appropriation and shall not require a vote of the United Brotherhood, Local
Union or Council.
C The Trustees of the Pension Fund shall be appointed by the General President
with the approval of the General Executive Board.
CODIFICATION
Section 62. All Laws or parts of Laws previously enacted by the United
Brotherhood, and standing decisions of the General Executive Board, in conflict
with the Constitution of the United Brotherhood, are hereby repealed and the
General Executive Board is hereby authorized and empowered to make any needed
changes as required by the vote of the delegates to the Convention of the United
Brotherhood.
92
STANDING DECISIONS OF THE: GENERAL EXECUTIVE BOARD top
1887-February 15.-A Union not holding meetings at least once a month forfeits
its charter and is not eligible to donations.
September 17.-Grading wages is demoralizing to Union principles t, welfare of
the trade and no Local Union should adopt the sys-tem of grading wages.
1888-March 10.-A Local Union can fix a fine as penalty for non-attendance of
members at a monthly meeting.
1891-July 16.-All donations are forfeited by a suspended Union the same as a
suspended member. A suspended Union cannot be entitled to any donations other
than those prescribed for a new Union.
1897-April 7.-Working Cards can only be issued through the Local Unions or
District Councils of the United Brotherhood and without discriminating charge in
any locality against outside members.
April 9.-Every part of the Ritual is just as binding on members as is the
Constitution and Laws of the United Brotherhood.
1898-April 5.-Members violating Trade Rules and called out on strike are not
entitled to strike donations.
PARLIAMENTARY RULES top
Rule 1. On motion, the regular order of business (see inside front cover) may be
suspended by a two-thirds vote of the meeting at any time, to dispose of any
urgent business.
Rule 2. All resolutions and resignations must be submitted in writing.
Rule 3. Any conversation by whispering or otherwise, which is calculated to
disturb a member while speaking, or hinder the transaction of business, shall be
deemed a violation of order.
Rule 4. Partisan politics or sectarian discussion shall not be permitted in the
meeting under any circumstances.
Rule 5. All questions of a parliamentary nature not provided for in these Rules
shall be decided by Roberts' Manual.
MOTIONS
Rule 6. A motion to be entertained by the presiding officer must be seconded,
and the mover as well as the seconder must rise and be recognized by the Chair.
Rule 7. Any member having made a motion can withdraw it by consent of the
seconder, but a motion once debated cannot be withdrawn except by a two-thirds
vote.
93
Rule 8. A motion to amend an amendment shall be in order, but no motion to amend
an amendment to an amendment shall be permitted.
Rule 9. Any member may call for a division of a question when the sense will
admit thereof.
DEBATE
Rule 10. A motion shall not be subject to debate until it has been stated by the
Chair.
Rule 11. A member who wishes the floor shall rise and respectfully address the
Chair, and if recognized by the Chair, shall be entitled to the floor.
Rule 12. If two or more members shall rise to speak at the same time, the Chair
shall decide which is entitled to the floor.
Rule 13. Each member, when speaking, shall confine his or her remarks to the
question under debate and avoid all personal, indecorous or sarcastic language.
Rule 14. No member shall interrupt another while speaking, except to a point of
order, and shall definitely state the point, and the Chair shall decide the same
without debate.
Rule I5. If a member while speaking be called to order, he or she shall take his
or her seat until the point of order is decided, when, if decided in order, he
or she may proceed.
Rule 16. If any member shall feel personally aggrieved by a decision of the
Chair, he or she may appeal to the Local Union from the decision.
Rule 17. When an appeal is made from the decision of the Chair, the
Vice-President shall then take the Chair, and shall state the appeal to the
meeting in these words: "Shall the decision of the Chair be sustained as
the decision of the Union?" The member will then have the right to state
the grounds of appeal, and the Chair will give the reason for the decision,
thereupon the Union will proceed to vote on the appeal, without further debate,
and it shall require a majority vote to sustain such appeal.
Rule 18. No member shall speak more than once on the same subject until all the
members desiring the floor shall have spoken, nor more than twice, without
unanimous consent, nor more than five minutes at any one time.
Rule 19. The presiding officer shall not speak on any subject unless he or she
retires from the Chair, except on points of order and appeals from the decision
of the Chair, and in case of a tie shall have the deciding vote.
PRIVILEGED QUESTIONS
Rule 20. When a question is before the meeting, no motion shall be in order
except: (1) to adjourn: (2) to lay on the table; (3) for the previ-
94
ous question; (4) to postpone to a given time; (5) to refer or re-commit; (6) to
amend. And these motions shall have precedence in the order herein arranged. The
first three of these motions are not debatable.
Rule 21 When the previous question is moved and seconded, it shall be put in
this form: "Shall the main question be now put?" If this is carried,
all further motions, amendments and debate shall be excluded and the main
question put without delay.
Rule 22. If a question has been amended, the question on the amendment shall be
put first. If more than one amendment has been offered, the questioni shall then
be put as follows: (1) amendment to the amendment; (2) amendment; (3) original
proposition.
Rule 23. When a question is postponed indefinitely it shall not come up except
by a two-thirds vote.
Rule 24. A motion to adjourn shall always be in order, except: (1) when a member
has the floor; (2) when members are voting; (3) when it has been decided to take
the previous question.
TAKING THE VOTE
Rule 25. Before putting a question to vote, the presiding officer shall ask:
"Is the Union ready for the question?" Then it shall be open for
debate. If no member arises to speak, the presiding officer shall then put the
question in this form: "All in favor of the motion say 'Aye,' " and
after the affirmative vote is expressed, "Those of the contrary opinion say
'No.' " After the vote is taken the Chair shall immediately announce the
result.
Rule 26. When the presiding officer has commenced taking a vote, no further
debate or remarks shall be allowed unless a mistake has been made, in which case
the mistake shall be rectified and the presiding officer shall again take the
vote.
Rule 27. Before the presiding officer declares the vote on a question, any
member may ask for a division of the house; then the Chair is in duty bound to
comply with the request, and a standing vote shall then be taken, and the
Conductor shall count the same.
Rule 28. Every member present shall vote on all questions before the Union,
unless personally interested or excused by the Union.
Rule 29. When a blank is to be filled, the question shall be taken first upon
the largest sum or number, or the longest or latest time.
Rule 30. When a question has been decided it can be reconsidered only at the
same meeting or on the next regular meeting night.
Rule 31. A motion to reconsider must be made and seconded by two members who
voted with the prevailing side.
Rule 32. All questions, unless otherwise provided, shall be decided by a
majority of all votes cast.
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