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CONSTITUTION of the LABORERS' INTERNATIONAL UNION of NORTH AMERICA

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As Amended by the 22nd Convention September 17-20, 2001 and by Action of the General Executive Board Through December 31, 2001

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Note: Throughout these Constitutions, wherever the masculine gender appears, the

feminine form applies equally and may be substituted therefore.

PREAMBLE

We, the members of the Laborers' International Union of North America, believing that

we are endowed with the inalienable natural right to provide for our existence and that of

our families, and further believing that we have the right to band with others who have a

common or mutual interest in the protection of these natural rights, in a proper and

lawful manner, do hereby adopt this as the Constitution of the Laborers' International

Union of North America.

ARTICLE I

Title and Authority

Section 1. This Organization shall be known as Laborers' International Union of North

America, and shall consist of the members of Local Unions affiliated with, and subject to

the laws, rules, regulations, policies, practices and lawful orders and decisions of the said

International Union, and shall not be dissolved while there are five good-standing

affiliated Local Unions objecting to its dissolution.

Section 2. The supreme authority of the International Union shall reside in the members

in Convention assembled through representatives of their own choosing, by election of

delegates as hereinafter provided. In the interim period between Conventions, this

authority shall reside in the General Executive Board.

ARTICLE II

Objects and Powers

Section 1. OBJECTS:

It shall be the object of the International Union:

(a) To unite under its banner all persons engaged in work within its jurisdiction as

hereinafter defined, for their mutual benefit, aid and protection;

(b) To promote or establish appropriate wages, fringe benefits, training, hours of

employment and working conditions for all such workers;

(c) To secure recognition by employers and the public of the workers' right to engage in

collective bargaining;

(d) To promote the development and maintenance of health, welfare and on-the-job

safety practices and such educational and staff training programs among its affiliates and

members as would best effect a full knowledge of their rights, responsibilities, welfare

and interest;

(e) To promote, foster, develop and advance the skills, efficiency, and working

knowledge necessary, of such workers;

(f) To promote, foster and develop programs which advance the social utility and

efficiency of the industries employing its members;

(g) To promote industrial peace and develop a more harmonious relationship between

employees and employers;

(h) To promote a harmonious relationship between this Organization and other

organizations in the Labor Movement, as would best effectuate the welfare and interest of

the members;

(i) To strive for effective programs which would improve, advance and increase the

opportunities for employment;

(j) To promote a better understanding by government and the public of the aims and

objects of this Organization and the Labor Movement as a whole;

(k) To engage in legislative and other activities to promote, protect and advance the

physical, economic and social welfare of the workers and all people;

(l) To effectuate the philosophy of Samuel Gompers, of supporting our friends and

defeating our enemies through such means as registration, voting, political education and

citizenship activities involving the members, their families, and their friends;

(m) To engage in such research and educational activities as may be appropriate or

necessary;

(n) To engage in legal activities appropriate for the defense and advancement of the

interests of the International Union, its affiliates and their officers and membership;

(o) To promote and protect the trade jurisdiction of this International Union;

(p) To promote better understanding and improve the conditions of life of the laboring

peoples of all countries;

(q) To establish a retirement program to maintain solidarity and to provide social and

recreational opportunities for retirees; to publish information concerning and soliciting

support for the Union's programs and policies; and to bring the special problems of

retired members to the attention of the Union;

(r) To organize the unorganized and to take all such other action as may tend to conserve

and promote the welfare and interest of this International Union, its affiliates and

members.

Section 2. POWERS:

(a) The powers of this International Union are legislative, executive and judicial;

(b) As the sovereign authority it has the power to issue charters to Local Unions, District

Councils and other subordinate bodies; and to define their powers and craft or territorial

jurisdiction; to revise, amalgamate or revoke existing charters; and to govern, discipline,

regulate or supervise these subordinate bodies as hereinafter provided;

(c) It is authorized to decide all questions relating to the rights, privileges and obligations

of members and subordinate bodies of this International Union, as such rights, privileges

and obligations are hereinafter provided;

(d) It is authorized to establish, declare, decide and enforce all matters of policy for and

in behalf of itself, its subordinate bodies and members. It is also authorized to establish,

declare and enforce such rules, regulations and orders or decisions that are incident to, or

necessary to administer the provisions of this Constitution. Its orders and decisions on all

such matters shall be final, binding and conclusive;

(e) When the International Union is not in Convention assembled, its executive and

judicial powers are vested in the General Executive Board and the officers as hereinafter

provided.

The General Executive Board may exercise legislative power when, in its opinion, it

deems it necessary to conform to or comply with law; or when, in its judgment, the

exercise of such power is deemed necessary, proper and appropriate. It may exercise this

power for the purpose of new legislation or to amend the Constitution of the International

Union or the Uniform Constitutions of affiliated Local Unions or District Councils

provided that any such new legislation or amendment shall automatically be subject to

ratification by the delegates to the next General Convention of the International Union. In

the exercise of legislative authority other than as above specified, the General Executive

Board may submit any legislative proposal to the membership, by referendum.

If any Article, Section or part thereof of the International Union, Uniform Local Union,

or Uniform District Council Constitutions should be held invalid by operation of law, the

remainder of such Constitution or the application of such Article, Section, or part thereof

to persons or circumstances other than those as to which it has been held invalid, shall not

be affected thereby;

(f) It shall have the authority to take such action as may be necessary, appropriate and

proper to preserve this International Union as an institution;

(g) It shall have the authority to take such action as it may deem necessary, appropriate,

and proper to assist the governments of the United States, Canada and elsewhere in the

protection and conservation of the general welfare of the peoples of such countries;

(h) It shall have the authority, in behalf of itself, and/or its affiliated Local Unions,

District Councils and other subordinate bodies, to affiliate or disaffiliate with any

federation, or state, area, county or local labor organizations as, in its judgment, it deems

proper;

(i) When deemed beneficial or necessary and in the best interests of the International and

its subordinate bodies, it shall have the authority to amalgamate or merge with other labor

organizations under such terms and conditions which, in its judgment, it deems

appropriate, and to make such amendments to the Constitutions as may be necessary to

effectuate the merger or amalgamation. Any such amalgamated or merged body is subject

to deamalgamation or expulsion after notice and hearing when it shall be deemed

beneficial or necessary and in the best interests of the International, its affiliates and its

members;

(j) In order to promote and conserve the welfare and interest of the International Union

and its subordinate bodies, it shall have the authority to take such action as, in its opinion,

it may deem beneficial or necessary to carry out the objects and purposes of the

Organization.

ARTICLE III

Jurisdiction

Section 1. (a) The territorial jurisdiction of the International Union shall include the

United States of America and Canada and their Possessions, Territories, Protectorates and

Instrumentalities and such other areas as may further the purposes and objects of the

International Union;

(b) The trade jurisdiction of this International Union shall include all work recited in the

original charter grant from the American Federation of Labor in 1903 and that work

subsequently granted by the American Federation of Labor in 1912; and all the

jurisdiction acquired by mergers and amalgamations with the Compressed Air and

Foundation Workers International Union, the Tunnel and Subway Constructors

International Union, the International Union of Pavers, Ra mmermen, Flag Layers, Bridge

and Stone Curb Setters and Sheet Asphalt Pavers, the Journeymen Stone Cutters

Association of North America, the National Association of Post Office Mail Handlers,

Watchmen, Messengers and Group Leaders Union, the National Federation of

Independent Unions, and all work granted by the decisions of the American Federation of

Labor and its affiliated Departments and as a result of decisions of public and private

tribunals; and as a result of trade or area practice or subsequent mergers; as a result of

organization and collective bargaining agreements; as historically and traditionally

exercised by the International Union, including the Industrial, Health Care and Public

Service Sectors, and as outlined in the Manual of Jurisdiction declared and promulgated

by the General Executive Board.

ARTICLE IV

Headquarters, Label and Seal

Section 1. The headquarters and general office of the International Union shall be located

in the City of Washington, District of Columbia; there shall also be established and

maintained by the International Union such regional and subregional offices as, in the

opinion of the General Executive Board, may be necessary, expedient or advisable for the

purpose of carrying out the executive functions of the International Union as well as the

service to affiliated subordinate bodies and members.

Section 2. The seal of this International Union shall be:

This seal shall constitute and be the official label of this International Union and all of its

affiliated bodies, with such other descriptive language as the General Executive Board

may determine.

ARTICLE V

Conventions and Representation

Section 1. A regular Convention of this International Union shall be held once every five

years during the months of September or October of the Convention year.

In order to afford opportunity for proper reservations and arrangements to be made, the

opening date and the city in which the Convention shall be held, shall be decided by the

General Executive Board.

Section 2. The General Secretary-Treasurer shall, not later than the 30th day of the month

of April of the Convention year, mail to each affiliated Local Union and District Council

in good standing, a Convention Call, advising them of the opening date of the Convention

and the city where the Convention is to be held. The Convention Call shall also specify

the number of delegates that each Local Union is entitled to elect as its representatives to

the said Convention; such delegates to be elected in accordance with the provisions

herein provided.

Section 3. The Convention shall be composed of members of the General Executive

Board and the legally elected delegates of such Local Unions and District Councils as are

in good standing at the time of the Convention and for a period of at least six months

prior thereto. The members of the General Executive Board shall by virtue of their office

serve as accredited delegates to the Convention and be entitled to all the privileges of

duly elected delegates, but shall not be permitted to vote for officers unless they are

permitted by law to do so. The designation of the members of the General Executive

Board as delegates shall not affect the number of delegates to which their respective

Local Unions shall otherwise be entitled. No delegate shall be entitled to a seat in the

Convention unless in good standing when elected and at the time of the Convention.

If a duly elected delegate is unable to attend the Convention, the Local Union or District

Council may send a substitute in place of the regular delegate, provided the substitute has

been selected and named by the Executive Board of the Local Union or District Council.

The Secretary of the Local Union or District Council shall then certify to the Credentials

Committee of the Convention such selection, indicating the name and membership card

number of the substitute and the date of the meeting when the selection was made. Such

substitute shall possess all of the qualifications required of a regular delegate. If the

Credentials Committee accredits such substitute as being entitled to a seat at the

Convention, such substitute may participate in all of the business of the Convention

except in the business of the nomination and election of officers.

A Local Union or District Council that is not in good standing at the time of the

Convention shall have no standing or rights at the Convention.

Section 4. Each Local Union in good standing and having a total membership of at

least 300 members, shall be entitled to representation as follows: one delegate for each

300 members, determined by dividing the total membership by 300 and rounding up only

for any excess of 0.5 or greater, provided, however, that any Local Union having a total

membership of less than 300 shall have its membership combined, for the purpose of

election of Convention delegates only, with that of another Local Union designated by

the General Executive Board subject to review by the Elections Officer pursuant to

Article VII, Section 8 of the International Unio n Constitution and to a determination by

the General Executive Board Attorney that such combinations are not inconsistent with

the objectives and purposes of the L.I.U.N.A. Ethical Practices Code and the L.I.U.N.A.

Ethics and Disciplinary Procedure. Local Unions so affected shall be so notified by the

General President not later than April 30 of the year in which a regular Convention is to

be held, with a copy to the Elections Officer. The total membership shall be the average

membership for the twelve months ending December 31 of the year immediately

preceding the Convention. Each District Council in good standing shall be entitled to one

delegate.

Delegates selected from the Mail Handlers Division shall be entitled to vote for the

nomination and election of candidates for the offices of Vice Presidents at Large and for

the nomination of candidates for the offices of General President and General Secretary-

Treasurer, but shall not be entitled to vote for the nomination or election of candidates for

the offices of District Vice President.

Section 5. The Credentials Committee shall, prior to and during the Convention, be

authorized to examine, pass upon and determine the validity of the credentials of the

various delegates, as submitted by their Local Unions or District Councils. The

Committee shall report its findings to the Convention and recommend the seating of

those delegates that it has accredited. The findings of the Credentials Committee shall be

subject to review by the Elections Officer, pursuant to Article VII, Section 8 of the

International Union Constitution.

Section 6. Any member desiring to protest the nomination or election of a delegate or

delegates to the Convention from that member's Local Union or District Council, must

mail the protest to the General Secretary-Treasurer of the International Union at

Headquarters not later than thirty days after the election. All such protests shall be filed

with and determined by the Elections Officer pursuant to Article VII, Section 8 of the

International Union Constitution.

Section 7. If, after a member has been duly elected as a delegate to a Convention, such

member is convicted of dishonesty, dual unionism, having worked in violation of

established Union wages, hours and conditions, attempted secession, or other similar

offenses, after filing of charges, due notice and proper hearing before a Trial Board, such

conviction shall invalidate and deprive such member of the right to be seated as a

delegate to the Convention.

Section 8. A majority of the delegates accredited and seated shall constitute a quorum.

Section 9. (a) Any member of a Local Union is eligible to be a delegate of the Local

Union provided such member shall have been a member in good standing for at least two

years in the International Union and for at least two years in the Local Union

immediately prior to nomination and is current in the payment of dues and possesses such

other qualifications as are required by Article V of the Uniform Local Union Constitution

for the election of Local Union officers. However, in a Local Union chartered less than

two years before the Convention, any member is eligible to be a delegate provided such

member shall have been in good standing for at least six months in the International

Union and for at least six months in the Local Union immediately prior to the Convention

and is current in the payment of dues and possesses such other qualifications as are

required by Article V of the Uniform Local Union Constitution for the election of Local

Union officers. No newly-chartered Local Union or District Council shall be entitled to

representation at the Convention if that Local Union or District Council has not held its

charter for a period of at least six months immediately prior to the Convention;

(b) Each Local Union shall nominate and elect delegates to the Convention of the

International Union by secret ballot, after receipt of the Convention Call from the General

Secretary- Treasurer, in such number as is specified in the Convention Call, not earlier

than the month of May nor later than the 30th day of June of the Convention year; selfnominations

shall not be allowed.

(c) A Local Union shall not conduct nomination and election of delegates to the

Convention at the same meeting. No less than fourteen days prior to said nominations

meeting, notice thereof shall be mailed by the Secretary-Treasurer to the last-known

address of each good-standing member of the Local Union, and such notice shall list the

number of delegate positions to be filled and the time and place of such meeting. Notice

shall also be sent to the Elections Officer, who must receive said notice no less than

seven days before the meeting. If, following the close of nominations and prior to the

election, it is discovered that one or more of the nominees is unqualified to run, that

person shall be disqualified. Further nominations to fill the position of the disqualified

member shall be accepted if, but only if, the disqualification brings the number of

nominees below the number of delegates allocated to the Local Union. If, at said

nomination meeting candidates for the position of delegate are unopposed, the nominees

shall be declared duly elected.

(d) In the event there are more candidates than delegate positions to be filled, a secret

ballot election shall be conducted and the membership shall determine and fix the date on

which the election shall be held and the place and hours during which the polls shall

remain open. The Secretary-Treasurer of the Local Union shall mail a written notice to

the last-known address of each member in good standing, informing the member of the

date, place and time of election and the number of delegates to be elected; such notice to

be mailed not less than fifteen days prior to the date of election. Notice shall also be sent

to the Elections Officer, who must receive said notice no less than seven days before the

election;

(e) The conduct of the election itself shall be as provided for in Article VI, Sections 3

and 4 of the Uniform Local Union Constitution;

(f) The delegate to the International Union Convention shall be elected by the District

Council by secret ballot in accordance with the provisions hereof from among its Local

Union delegates who have been elected thereto.

Section 10. The General Secretary-Treasurer shall furnish to each Local Union blank

original and duplicate credentials in such number as hereinabove provided.

After receipt of said credentials, the Recording Secretary shall fill in the names of the

duly elected delegates to the Convention and shall sign both the original and duplicate

credentials; the President shall countersign said credentials.

The duplicate credentials shall then be forwarded to the General Secretary-Treasurer not

later than the 30th day of June of the Convention year with a copy to the Elections

Officer.

The original credential shall then be delivered to each duly elected delegate. Each

delegate shall register with the Credentials Committee in order to be duly accredited and

entitled to a seat in the Convention and as such delegate, shall be entitled to cast one vote.

Section 11. A per diem allowance and transportation to duly elected delegates who are

accredited and seated and who attend all sessions of the regular Convention shall be in

such amount as is established by the General Executive Board of the International Union

and shall be paid out of the Convention Fund.

Section 12. The Order of Business and Rules of a Convention shall be considered by the

Convention Committee on Order of Business and Rules, after which it shall prepare its

report and submit same to the Convention, at the opening thereof, for adoption.

Section 13. All resolutions submitted for consideration of a Convention must be sent to

and be received by the General Secretary-Treasurer at the Headquarters of the

International Union in Washington, D.C., not later than thirty days immediately

preceding the opening date of said Convention.

All resolutions must be filed in duplicate and must be signed by a duly elected delegate to

the Convention.

Section 14. The Committees of the Convention, except as herein otherwise provided,

shall be composed of at least nine members or such greater number as determined by the

General President and shall be as follows:

Committee on Credentials and Audit

Committee on Order of Business and Rules

Committee on General Executive Board's Report

Committee on General President's Report

Committee on General Secretary-Treasurer's Report

Committee on Constitution and Law

Committee on Resolutions

Committee on Organization

Committee on Grievances, Adjustments and Appeals

Committee on Education, Training and Safety

Committee on Welfare and Pension

Committee on Legislation and Public Affairs

Committee on Canadian and International Affairs

Section 15. The General President shall, before the opening of the Convention, appoint

the Committee on Credentials and Audit, the Committee on Order of Business and Rules,

the Committee on Constitution and Law and the Committee on Resolutions. Committee

appointments shall be made at such time as the General President may deem necessary.

Section 16. The Committee on Credentials and Audit shall consist of three Convention

delegates. After appointment and upon notice from the General President, this Committee

shall go to the Headquarters of the International Union and examine the financial records

and securities of the International Union and prepare its audit report for submission to the

Convention.

Section 17. SPECIAL CONVENTIONS:

(a) A Special Convention may be held upon order of the General Executive Board of the

International Union when, in its opinion, it deems it necessary, advisable and expedient to

hold such Convention;

(b) If and when a Special Convention is ordered by the General Executive Board, such

Special Convention may deal only with such matter or matters as are stated by the

General Executive Board as the purpose for holding the Special Convention;

(c) In the event a Special Convention is ordered, then the General Executive Board is

authorized to set and fix all dates dealing with and relative to the holding of such

Convention and the city in which the Convention shall be held;

(d) The provisions under this Article dealing with Convention matters shall apply to

Special Conventions insofar as they are applicable;

(e) When such a Special Convention is to be held, the General Executive Board shall

determine the number of Committees necessary to properly handle the matter or matters

to be considered and acted upon by said Special Convention;

(f) The General Executive Board shall also fix and determine the number of delegates to

be appointed by the General President to function as members of such Committee, or

Committees.

ARTICLE VI

Officers

Section 1. The officers of this International Union shall be a General President, a General

Secretary- Treasurer, four Vice Presidents at Large and one District Vice President from

each of the nine Electoral Districts created by the General Executive Board pursuant to

Article VIII, Section 2(a- ix) of this Constitution and, on an ex-officio basis, the President

of the Mail Handlers Division, also known as the National Postal Mail Handlers Union.

The President of the Mail Handlers Division shall serve as a member the General

Executive Board solely by virtue of that office and shall not be subject to the provisions

of Article VII of this International Union Constitution. In the period between

Conventions, the General Executive Board shall have the power and authority to expand

the number of Vice Presidents beyond those provided for herein if such action is taken to

further a legitimate and proper object of the International Union in connection with a

merger, affiliation or amalgamation with another national or international labor

organization. Any such action shall first be submitted to the Inspector General for his

approval. In the event such action is taken, the General Executive Board shall fill the

position by appointment and shall select a member who possesses all of the qualifications

required of an officer of the International Union. All Vice Presidents shall have the same

duties, powers, authority and responsibility as described in Article X of this Constitution.

Section 2. Except in the case of a filling of a vacancy by death, resignation or otherwise,

these officers shall be elected in accordance with terms of Article VII of the International

Union Constitution; and upon election shall serve for a term of five years, beginning

January 1st of the year following the said Convention and until their successors have

been duly installed.

Section 3. These officers shall constitute and be members of the General Executive

Board.

Section 4. A candidate for office shall be required to be and have been in good standing

in the International Union for a period of at least five years; to be a citizen of the United

States or Canada, unless such requirement is prohibited by provisions of applicable law;

and to be a duly accredited delegate to the Convention.

Section 5. In the case of a vacancy occurring by reason of death, resignation or otherwise,

the vacancy shall be filled by action of the General Executive Board of the International

Union. In the event of a vacancy in the office of General President, the General

Secretary- Treasurer shall inform the members of the General Executive Board that a

vacancy in the office of General President exists, and shall convene a meeting of the

General Executive Board for the purpose of filling the vacancy. The General Executive

Board shall select one of the then members of the General Executive Board to serve as

General President of the International Union for the unexpired term.

In the event of a vacancy in any other office, the General President shall inform the

members of the General Executive Board of such vacancy and convene a meeting of the

General Executive Board for the purpose of filling the vacancy. The General Executive

Board shall select a member who possesses all of the qualifications required of an officer

of the International Union to fill the vacancy and to serve for the unexpired term.

All officers to fill vacancies as herein provided shall serve as provisional officers until the

next regular election at a Convention and until their successors have been duly installed.

Section 6. The officers and provisional officers of the International Union shall, by virtue

of such office, be delegates at large to all Conventions and shall be entitled to all the

rights of a delegate to the Convention, except the right to vote for officers unless they are

permitted by law to do so.

Section 7. SALARIES:

The salary of the General President shall be increased from two hundred and one

thousand six hundred twenty-four dollars ($201,624.00) to two hundred and fifty

thousand dollars ($250,000.00) a year; the salary of the General Secretary-Treasurer shall

be increased from one hundred ninety-three thousand five hundred sixty dollars

($193,560.00) to two hundred thirty- five thousand ($235,000.00) a year; the annual

salary of each Vice President shall be twenty-five thousand dollars ($25,000.00) provided

that if the Vice President's total compensation from LIUNA and its affiliated or

subordinate bodies is less than fifty-seven thousand five hundred dollars ($57,500.00),

LIUNA will pay the Vice President an additional amount to bring the Vice President's

total annual compensation from LIUNA and its affiliated or subordinate bodies to fiftyseven

thousand five hundred dollars ($57,500.00).

The General President and General Secretary-Treasurer shall each be provided with the

use of accommodations purchased or leased by the Union when such officers are in the

City of Washington, District of Columbia, in connection with the performance of their

duties and responsibilities.

The General Executive Board, between Conventions, is authorized to increase the

salaries, benefits or other compensation of the General President or General Secretary-

Treasurer to account for the increase in the cost-of-living, said adjustment not to exceed

the percentage of increase in the National Consumer Price Index published by the Bureau

of Labor Statistics, United States Department of Labor or based upon other fa ctors

deemed appropriate by the Board.

The officers shall receive such benefits and compensation, other than salary, as are

provided other staff personnel of the International Union or are authorized for such

officers by the General Executive Board and sha ll be entitled to receive awards for their

services. The officers shall be reimbursed for all expenses incurred in connection with the

performance of their duties and responsibilities.

Travel expenses may also be provided for an officer's spouse who accomp anies the

officer when the officer travels in connection with the performance of official duties and

responsibilities.

Section 8. If a Local Union of which an officer of the International Union is a member

becomes suspended for any reason, such officer shall then have the right to transfer

membership into any other good-standing Local Union of the International Union.

ARTICLE VII

Election

Section 1. Except in the case of a filling of a vacancy caused by death, resignation or

otherwise, the officers except as otherwise provided, shall be elected as set forth herein.

Section 2. No later than July 1 in any year in which a regular Convention is to be held,

members wishing to seek the office of General President, General Secretary-Treasurer, or

Vice President, shall declare their intention in writing to the Elections Officer, indicating

the office sought. The Elections Officer shall determine the qualifications of such

individual to hold such office pursuant to Article VI, Section 4 of the International Union

Constitution as of July 1 of such year. No person may declare the intention to seek more

than one of the above offices.

Section 3. No later than July 15 in any year in which a regular Convention is to be held,

the Elections Officer shall furnish to each person appearing to hold the necessary

qualifications the names, addresses, and telephone numbers of all relevant delegates.

Persons seeking the office of General President, General Secretary-Treasurer, and Vice

President at Large shall be furnished with informa tion concerning all delegates; persons

seeking the office of District Vice President shall be furnished with information

concerning those delegates from Local Unions and District Councils located within the

Electoral District served by the District Vice President.

Section 4. In order to stand for election, a candidate must be nominated by duly elected

delegates by secret ballot at the Convention.

In order to be nominated for the office of General President, General Secretary- Treasurer,

or Vice President at Large, a candidate must secure the votes of at least five percent of all

delegates eligible to vote. If the candidate receives the votes of three percent or more of

all delegates eligible to vote from among the delegates from any one Electoral District,

the candidate must also receive the votes of a total of at least two percent of all delegates

eligible to vote from among the delegates from another Electoral District or Districts. In

order to be nominated for the office of District Vice President, a candid ate must secure

the votes of at least five percent of all delegates eligible to vote from the Electoral

District served by such Vice President. If the candidate receives the votes of three percent

or more of the delegates eligible to vote from the Electoral District from among the

delegates eligible to vote from any one Local Union, the candidate must also receive the

votes of a total of at least two percent of the delegates eligible to vote from the Electoral

District from among the delegates eligible to vote from another Local Union or Unions.

Any delegate may place in nomination the name of any member in good standing for the

offices of General President, General Secretary-Treasurer, Vice President at Large, and

District Vice President otherwise meeting the qualifications for the office specified in

Article VI, Section 4 of the International Union Constitution.

Section 5. The General President, General Secretary-Treasurer, Vice Presidents at Large

and District Vice Presidents shall be elected by direct secret ballot elections by members

in good standing as defined in Article VI, Section 3(d) of the Uniform Local Union

Constitution. The Elections Officer shall have the authority to determine the method of

election of the General President, the General Secretary- Treasurer, Vice Presidents at

Large, and District Vice Presidents, provided the method of election in a particular local

shall be the same for all officers. Members of all Local Unions shall be entitled to vote

for candidates for the offices of General President, General Secretary-Treasurer, and Vice

Presidents at Large. Only members from Local Unions within an Electoral District shall

be entitled to vote for candidates for the office of District Vice President from their

respective District, as set forth in Article VIII, Section 2(a- ix) of the International Union

Constitution. The election will be held at a time set by the Elections Officer, but no less

than 60 days and no more than 80 days following the close of the regular Convention.

The candidate receiving the highest number of votes cast shall be considered elected.

In the event that there is no contest for any particular office, the Secretary of the

Convention may declare the candidate to be elected upon motion duly made and adopted

to do so.

Section 6. Any protest regarding the nomination and election of any International Union

officer must be made prior to the induction of such officer.

ELECTIONS OFFICER:

Section 7. Excepting the 1996 election, no less than one year before each regular

Convention as described in Article V, the General Executive Board shall appoint an

individual to serve as Elections Officer. The General Executive Board may appoint the

Inspector General to serve as Elections Officer.

Section 8. It shall be the responsibility of the Elections Officer to ensure that elections for

members of the General Executive Board are conducted in a free, fair and democratic

manner, consistent with the principles of the LIUNA Ethical Practices Code. To achieve

these goals, the Elections Officer sha ll have authority:

(a) to take such actions as the Elections Officer may deem necessary to accomplish the

purpose of the objects hereinabove outlined;

(b) to establish and promulgate such rules and regulations as the Elections Officer

believes or deems necessary to achieve the objects hereinabove outlined. The Elections

Officer may provide reasonable limitations, variances, tolerances and exemptions from

the requirements of said rules and regulations as, in the Elections Officer's judgment are

appropriate and proper;

(c) to adjudicate all disputes pertaining to the integrity of the nomination and election of

delegates to the regular Convention and the nomination and election of members of the

General Executive Board for the purposes of securing free, fair and honest election.

Without limiting the foregoing, and notwithstanding any other provision of the

International Union Constitution, the Uniform Local Union Constitution, or the Uniform

District Council Constitution, the Elections Officer shall resolve all disputes pertaining to

the qualification, nomination and election of delegates and the qualification, nomination

and election of members of the General Executive Board;

(d) to employ such personnel as are reasonably necessary to assist in the proper discharge

of the Elections Officer's duties and to delegate any of the powers of that office to any

such person as the Elections Officer may deem necessary;

(e) to review and amend the combination of local unions for the purposes of election of

delegates as set forth in Article V, Section 4 hereof;

(f) the Elections Officer shall be given reasonable space in "The Laborer" for the purpose

of communicating with the membership concerning election matters. The Elections

Officer shall also promulgate rules granting space in "The Laborer" to qualified

candidates. These rules shall comply with all requirements of law.

Section 9. The Appellate Officer shall have authority to review and pass upon any

decision of the Elections Officer in accordance with procedures established by the

Appellate Officer, who shall affirm the decision of the Elections Officer unless it is

determined that the Elections Officer acted contrary to the terms of the International

Union Constitution, the Uniform Local Union Constitution, the Uniform District Council

Constitution, governing law, or any agreement between the United States and LIUNA

with respect to international elections; or with respect to the exercise of the Election

Officer's authority in accordance with Section 8(c) above, it is determined that there is an

abuse in discretion by the Elections Officer.

Section 10. The appointment of the Elections Officer shall terminate one month after the

election of the General Executive Board provided, however, that the Elections Officer

shall have authority to resolve all matters then pending upon the expiration of the term.

During the term of the Elections Officer's appointment, the Elections Officer may not be

removed except upon a finding of good cause by the Independent Hearing Officer. An

action to remove the Elections Officer may be brought only by the General Executive

Board, with the concurrence of the GEB Attorney;

Section 11. Obstruction of or interference with the Elections Officer or any person

designated by the Elections Officer to assist in carrying out the responsibilities of said

office shall be deemed "barred conduct" and subject to disciplinary action in accordance

with the Ethics and Disciplinary Procedure.

ARTICLE VIII

General Executive Board

Section 1. The General Executive Board of this International Union shall be composed of

the General President, the General Secretary- Treasurer, and the four Vice Presidents at

Large, and the nine District Vice Presidents.

Section 2. POWERS:

(a) Subject to review by the Convention it shall have authority and control over all of the

executive and judicial powers of the International Union;

(b) The General Executive Board may exercise legislative power when, in its opinion, it

deems it necessary to conform to or comply with the law; or when, in its judgment, the

exercise of such power is deemed necessary, proper and appropriate. It may exercise this

power for the purpose of new legislation or to amend the Constitution of the International

Union or the Uniform Constitutions of affiliated Local Unions and District Councils

provided that any such new legislation or amendment shall automatically be subject to

ratification by the delegates to the next general Convention of the International Union. In

the exercise of legislative authority other than as above specified, the General Executive

Board may submit any legislative proposal to the membership, by referendum;

(c) It shall have authority and power to establish and promulgate such rules and

regulations as, in its opinion, it believes or deems necessary to implement and carry out

the intent of any provision of the International Union Constitution, the Uniform Local

Union Constitution and the Uniform District Council Constitution. It may provide

reasonable limitations, variances, tolerances and exemptions from the requirements of

said rules and regulations as, in its judgment, it would deem appropriate and proper;

(d) It shall have the authority to interpret the provisions of said Constitutions and to

review and pass upon interpretations of said Constitutions as may be made by the General

President of the International Union, as hereinafter provided;

(e) It shall have the authority to review and pass upon the executive and judicial functions

and acts of the Officers of the International Union;

(f) It shall ha ve the authority to order the issuance of charters to Local Unions, District

Councils or other subordinate bodies, specifying the territorial and craft jurisdiction to be

allotted, when and where, in its opinion, the issuance of such charter would tend to

accomplish, promote, enhance and conserve the welfare and interest of this International

Union, its affiliates and members;

(g) Upon notice and after hearing, it shall have the authority to revoke, consolidate or

amalgamate the charters of Local Unions, District Councils, or other subordinate bodies

and to define or revise their craft or territorial jurisdiction;

(h) It may for good cause, illness or disability, make such financial provision for an

officer or employee of the International Union as it deems is warranted by the length and

character of the service rendered to the International Union by the individual;

(i) It shall have the authority to submit or decline to submit referenda to the membership;

(j) It shall have the authority to levy such assessments as, in its opinion, it may deem

necessary and adequate and each such levy shall be valid no longer than the next

succeeding regular Convention;

(k) It shall have the authority and the right to formulate proposals, resolutions, etc., for

submission and consideration of a Convention, at any time;

(l) It shall have the authority to designate the depositories for the funds of the

International Union and to regulate the method of withdrawal by the General President

and the General Secretary-Treasurer, and shall have the power and authority to establish

the investment policy of the funds of the International Union and regulate the manner and

method in which these investments shall be made;

(m) The General Executive Board and the officers of the International Union shall be

empowered and authorized to make such expenditures and payments out of the various

funds of the International Union as, in their judgment, they deem proper and necessary to

carry out the objects, purposes and policies of the International Union and to fulfill their

duties and responsibilities as required by this Constitution;

(n) In order to promote and conserve the welfare and interest of the International Union,

it shall have the authority to take such action as, in its opinion, it may deem beneficial or

necessary to carry out the objects and purposes of this organization;

(o) It shall have the authority to require all officers, officials and members of the

International Union and all its affiliates, to exercise every possible effort in the protection

of the jurisdiction of the International Union, entrusted to their care;

(p) In the event of recurrence of national disputes with other labor organizations, the

General Executive Board is authorized, either directly or through executive officers, or a

committee appointed for such purpose, to meet and consider such disputes and adjust

same in such manner as in its opinion, is deemed fitting and proper;

(q) It shall be authorized to prepare a Manual of Jurisdiction in which it shall outline and

specify the craft jurisdiction of the International Union and promulgate same among the

affiliates and members of the International Union for their information and guidance. It

may, from time to time, revise said Manual;

(r) It shall have the authority to merge or amalgamate other national or international labor

organizations into this International Union if, in its opinion, such merger or

amalgamation would tend to conserve and protect the welfare and interest of this

Organization, its affiliates and members and to establish the terms and conditions upon

which this may be accomplished. After notice and hearing, it shall have the authority to

deamalgamate or expel any such amalgamated or merged labor organization if, in its

opinion, such deamalgamation or expulsion would serve and protect the welfare and

interest of this Organization, its affiliates and members;

(s) It shall have the power to authorize the General President and General Secretary-

Treasurer to enter into national, regional or area agreements with employers or employer

associations and the General President is vested with authority to enforce observance of

such agreements by affiliated subordinate bodies and members and to issue such

directions or orders as may be necessary to accomplish such purpose, subject to review

by the General Executive Board;

(t) The General Executive Board, after investigation of areas where work is not

organized, which could and should otherwise be organized, shall have the authority to

take such action and steps and to regulate the procedure to be followed by affiliates and

members, necessary to accomplish the goal of organizing the unorganized;

(u) It may, within the minimum and maximum initiation fee fixed herein or without

regard thereto, waive or regulate the initiation fee an applicant for membership shall pay

to join a particular Local Union, and it may regulate the payment in installments of

initiation fees to Local Unions by applicants for membership and to fix the membership

privileges of such applicants, pending payment in full thereof;

(v) It shall hold a regular meeting at least once each year at such time and place as it may

decide; the General President may call special meetings from time to time as may be

deemed necessary in the General President's judgment. It may also consider and decide

matters brought to its attention, through the medium of a referendum by mail, telegram or

telephone;

(w) It may establish and maintain regional and subregional offices in such areas within

the jurisdiction of the International Union as, in its opinion, it deems necessary, expedient

or advisable; such offices shall be under the supervision of the General President who

shall have authority to appoint a manager over each of said offices and such staff and

additional personnel as may be required;

(x) It shall have the authority to establish and maintain Departments, Divisions, Bureaus,

National Councils or Conferences of the International Union, when, in its opinion, it

deems it necessary, expedient, or advisable to do so and to fix and promulgate regulations

and rules to accomplish this purpose and to govern their operation;

(y) It shall have the power to authorize the publication of an official journal, to be known

as "The Laborer" and to issue such other releases, pamphlets, bulletins or manuals as it

may deem necessary;

(z) It may, from time to time, authorize research, surveys or actuarial studies to be made

in conjunction with any or all of the operations or business of the International Union;

(a-i) It shall have the power to authorize the purchase or sale of property, both personal

and real;

(a-ii) It may, after consideration and study of a particular matter or situation and when it

believes it necessary to fully accomplish an object or purpose of the International Union

or of its affiliates and members, grant limited variances, tolerances or exemptions from

specific provisions of the Constitutions, established policies, practices, lawful orders and

decisions, for a limited period of time and specify the conditions under which such grant

is made;

(a-iii) It shall have the authority to take such action as it may deem necessary to

accomplish the purpose of all of the objects hereinabove outlined;

(a-iv) It may, when in its opinion, the need for the preservation of records is no longer

existent, order the disposition of same after a period of five years;

(a-v) It shall have the authority to delegate any of its powers to any member or members

thereof and may revoke such delegation at any time;

(a-vi) Judicial Authority In the interim periods between regular Conventions of the

International Union, all judicial authority not otherwise vested in the Independent

Hearing Officer, Appellate Officer, Elections Officer, or Special Election Officer shall

reside in the General Executive Board of the International Union; in pursuance of such

authority it may impose such judgment or take such action as it deems warranted or

appropriate over any circumstance concerning which such action is taken.

However, all charges and trials within affiliated Local Unions and District Councils must

be processed at the Local Union or District Council level in the first instance unless the

General President exercises the International Union's original jurisdiction pursuant to

Uniform Local Union Constitution Article XII, Section 3 or Uniform District Council

Constitution Article XII, Section 3. Any interested party aggrieved by a resulting decision

at the local level may then appeal therefrom to the Appellate Officer.

(a-vii) Delegation of Judicial Powers: The judicial power of the General Executive Board

may be delegated by the General President to one or more of its members, with authority

to hold hearings on appeals, protests, trusteeships, petitions, charges, or any other matter

properly filed with the General Executive Board; when so delegated, such member or

members of the General Executive Board shall be known as a Hearings Panel. Said

Hearings Panel shall, after due notice, hold hearings and from the evidence adduced,

make such Findings of Fact and Recommendations as, in its judgment, it deems proper,

which Findings of Fact and Recommendations must then be reported and submitted to the

General Executive Board as a whole for determination and decision;

(a-viii) Any member or subordinate body aggrieved by a decision, direction, ruling or

order of the General Executive Board shall have the right to appeal therefrom to the

Convention of the International Union, provided, within thirty days from the date of

notice of said decision, direction, ruling or order, from the General Secretary-Treasurer,

the aggrieved member or subordinate body shall file an appeal in writing with the

International Union, addressed to the General Secretary-Treasurer at Headquarters.

A decision, direction, ruling, or order by the General Executive Board on any matter is

final and binding until and unless it is reversed or modified by the following regular

Convention.

(a-ix) There shall be nine Electoral Districts throughout the United States and Canada

from each of which one District Vice President shall be elected. These Electoral Districts

shall be as follows:

Electoral District 1 shall consist of the states of Maine, New Hampshire, Vermont,

Massachusetts, Rhode Island, and Connecticut; and the state of New York except for the

Mason Tenders' District Council of Greater New York and its affiliates. Newly chartered

Local Unions in New York City will be assigned either to District 1 or District 2, as

appropriate;

Electoral District 2 shall consist of the states of New Jersey and Delaware; and in New

York City the Mason Tenders' District Council of Greater New York and its affiliates.

Newly chartered Local Unions in New York City will be assigned either to District 1 or

District 2, as appropriate.

Electoral District 3 shall consist of the Canadian provinces of Ontario, Nova Scotia, New

Brunswick, Newfoundland, Labrador, Quebec, and Prince Edward Island.

Electoral District 4 shall consist of the states of Missouri, Kansas, Iowa, Indiana,

Nebraska, and South Dakota; in the state of Kentucky the counties of Crittenden,

Henderson, Union and Webster; and all of Illinois except the counties of Boone, Cook,

DuPage, Grundy, Kane, Kendall, Lake, McHenry, and Will.

Electoral District 5 shall consist of the states of North Dakota, Minnesota, Michigan, and

Wisconsin; and in the state of Illinois the counties of Boone, Cook, DuPage, Grundy,

Kane, Kendall, Lake, McHenry, and Will.

Electoral District 6 shall consist of the states of Alaska, Oregon, Washington, Montana,

Idaho, Wyoming, Utah, Colorado, and Nevada; the Canadian provinces of British

Columbia, Alberta, Saskatchewan, Manitoba, and the Yukon Territory and the Northwest

Territory.

Electoral District 7 shall consist of the states of Pennsylvania, Maryland North Carolina,

and Virginia; West Virginia except for the counties of Brook and Hancock; in Ohio the

county of Belmont; and the District of Columbia.

Electoral District 8 shall consist of the states of Alabama, South Carolina, Georgia,

Florida, Tennessee, Arkansas, Louisiana, Mississippi, Oklahoma, Texas, New Mexico,

and Arizona; Kentucky except for the counties of Crittenden, Henderson, Union and

Webster; in West Virginia the counties of Brook and Hancock; Ohio except for the

county of Belmont; the Commonwealth of Puerto Rico, and the Virgin Islands.

Electoral District 9 shall consist of the states of California and Hawaii, and Guam.

ARTICLE IX

The General President

Section 1. GENERAL POWERS:

(a) The General President, as the chief executive officer, shall have executive,

administrative and judicial authority over the affairs and business of the International

Union;

(b) The General President shall have the authority to see to it that the affairs and business

of Local Unions, District Councils or other subordinate bodies are being properly

conducted in accordance with the International Union Constitution, the Uniform Local

Union Constitution, the Uniform District Council Constitution and with all rules,

regulations, policies, practices and lawful orders and decisions.

Section 2. CONVENTIONS:

(a) The General President shall be the Chairperson and preside over all Conventions of

the International Union;

(b) The General President shall prepare and submit to each regular Convention a written

report of the activities of the General President since the last regular Convention;

(c) The General President shall appoint an Assistant Secretary and other necessary

clerical assistants and a Sergeant-at-Arms and assistants and such other Convention

personnel as may be necessary to carry on the business of all Conventions;

(d) The General President shall, for each Convention, from the list of delegates, appoint

all Committee members to function as members of all Convention Committees and

advise the General Executive Board of all such appointments; the General President shall,

ex-officio, be a member of all such Committees.

Section 3. GENERAL EXECUTIVE BOARD:

(a) The General President shall call and preside over all sessions of the General Executive

Board, as its Chairperson;

(b) The General President may submit to the General Executive Board any matter within

the authority of the General President.

Section 4. In order to administer the business of the International Union and to fulfill the

duties and obligations required of the office, the General President shall have the

authority to interpret the provisions of the International Union Constitution, the Uniform

Constitutions of Local Unions and District Councils and the rules, regulations, policies,

practices and lawful orders and decisions of the International Union and to decide

grievances and disputes submitted by affiliated subordinate bodies and members. The

General President's judgment or decision thereon shall be effective and binding until and

unless reversed or modified by the General Executive Board.

Section 5. When any subordinate body, officer or member thereof fails, neglects or

refuses to conform to or comply with a decision or order of the General Executive Board

or of the General President, the General President may request, for such failure or refusal

to conform and comply, a hearing before the General Executive Board, by filing such

request with the General Secretary-Treasurer of the International Union. Upon receipt of

such a request, the General Secretary-Treasurer shall issue an order to show cause why

the decision or order of the General Executive Board or of the General President, as the

case may be, was not complied with and shall convene the General Executive Board for

the purpose of holding a hearing thereon. If after hearing all concerned, the General

Executive Board finds (a) that there has been a failure to show compliance and (b) that

there has been a failure to show good and sufficient reason for non-compliance, the

General Executive Board may: (1) in the case of a subordinate body, revoke, recall and

cancel its charter or impose such other discipline as, in its judgment, it deems just and

proper, or (2) in the case of an officer or member, suspend such officer or member or

impose such other discipline as, in its judgment, it deems just and proper.

Section 6. The General President shall have the authority and power to investigate the

affairs of a subordinate body when, upon information or complaint or when, in the

General President's opinion, it is necessary to determine whether the affairs of a

subordinate body or the activities of any of its officers or members are being conducted

in violation of the Constitution.

Pursuant to said authority, the General President shall have the power, either personally

or through a designated representative to investigate and inquire into the manner in which

the affairs are administered by the subordinate bodies, their officers or members and to

examine the books, records, papers, accounts, securities, purported agreements or

understandings or any other documents in the custody of said subordinate bodies or any

officer, official, employee or member thereof and require personal appearance of any

officer, official, employee or member as, in the General President's judgment, may be

deemed necessary to such investigation or inquiry.

In connection therewith, the General President may employ the services of a Certified

Public Accountant or other services as the General President may deem advisable or

necessary. After such investigation or inquiry, the General President shall take such

action as the General President may deem necessary or appropriate, including the

temporary suspension of an officer or employee pending a hearing to be conducted within

thirty (30) days before the General Executive Board on charges filed by the General

President.

Section 7. TRUSTEESHIP:

When in the opinion of the General President, action is necessary for the purpose of

correcting corruption or financial malpractice, assuring the performance of collective

bargaining agreements or other duties of a bargaining representative, restoring

democratic procedures or otherwise carrying out the legitimate objects of such

subordinate body or the International Union, or to protect the organization as an

institution, the General President may file charges against any officer or member with the

General Secretary-Treasurer for hearing before the General Executive Board, or appoint a

temporary trustee or, in the General President's sole discretion, a supervisor to take

charge and control of the affairs of such subordinate body; provided, however, that prior

to the appointment of such trustee or supervisor the General President shall cause to be

issued a notice setting a time and place for hearing for the purpose of determining

whether such temporary trustee or supervisor shall be appointed, but provided further,

however, that where, in the judgment of the General President, an emergency situation

exists within the subordinate body, a temporary trustee or supervisor may be appointed

prior to such hearing, but such hearing shall then commence within 30 days and a

decision made within 60 days after the appointment of such temporary trustee or

supervisor; and further provided in all cases the subordinate body shall be advised of the

reasons for the proposed or actual appointment of a trustee or supervisor, and that

adequate notice of a hearing thereon at least 10 days prior to the date of the hearing shall

be given to the subordinate body involved. During the period of trusteeship, all the

officers and delegates of the subordinate body are relieved of their particular trust. In the

case of supervision, one or more of the officers or delegates may be removed from office

at the direction of the General President. The subordinate body and the officers and

members thereof shall cooperate with the trustee or supervisor designated by the General

President, in order that the purposes of the trusteeship or supervision may be

accomplished as soon as possible. The trustee or supervisor shall be authorized to take

full charge of the affairs of the subordinate body, to appoint temporary officers or

employees at any time during the trusteeship or supervision, and to take such other action

as, in the trustee's or supervisor's judgment, is necessary for the preservation of the

subordinate body and its interests. The trustee or supervisor shall, from time to time,

report on the affairs and transactions of the subordinate body to the General President.

The General President may remove trustees or supervisors at any time and appoint

successor trustees or supervisors.

The trustee or supervisor, temporary officers and persons employed to carry on the affairs

of said subordinate body, during the period of trusteeship or supervision, shall give bond

in such form and amount as may be necessary to indemnify against possible financial

loss.

The trustee or supervisor shall take possession of all such funds, books, records, and

papers of the Local Union or subordinate body and tender receipt for same. The trustee or

supervisor shall pay all outstanding claims, properly proved, if funds are sufficient.

The International Union shall not be responsible for any actions or activities or activities

of the Local Union or subordinate body unless such actions or activities have been

directed or authorized by the trustee or supervisor and unless such actions or activities

were undertaken in the trustee's or supervisor's capacity as a representative of the

International Union and not in such official's capacity as a fiduciary of the subordinate

body. Actions undertaken by the trustee or supervisor in the capacity of fiduciary of the

subordinate body shall not be the responsibility of the International Union unless such

actions have been directed or authorized by the International Union.

When it is determined by the General President or the General Executive Board that self government

should be restored, in the case of trusteeship, the trustee shall conduct an

election at such time as the trustee shall designate, in conformity with the provisions of

the Uniform Local Union Constitution as far as practical and, upon the installation of

officers, the trusteeship shall terminate and the trustee shall return all remaining funds,

books, records and papers to the Local Union or other subordinate body. In the case of

supervision, full autonomy shall be restored upon direction of the General President

terminating the supervision. Officers of the Local Union who were not removed from

office during supervision and whose term of office has not expired or who were reelected

to office during supervision, shall continue in office upon the termination of

supervision.

Section 8. THE GENERAL PRESIDENT SHALL HAVE THE AUTHORITY:

(a) To appoint such personnel as the General President may deem necessary to assist in

carrying out all of the duties and functions of the office;

(b) To appoint managers of regional and subregional offices of the International Union

and to appoint such organizers and representatives as may be necessary to the function

and purposes of said regional or subregional offices;

(c) To direct the activities of all Departments of the International Union and appoint such

personnel as may be necessary to carry out such activities;

(d) To fix the salaries and other compensation of persons appointed pursuant to this

section and reimburse them for expenses incurred by them in connection with the

performance of their duties and responsibilities.

Section 9. (a) The General President shall have the authority to retain the services of a

Certified Public Accountant for the purpose of auditing the financial books and records of

the International Union;

(b) The General President and General Secretary-Treasurer, jointly, shall have the

authority to employ auditors for the purpose of rendering assistance to affiliates and their

officers in complying with their legal and constitutional obligations and in connection

therewith, they may examine such books, records, accounts and any other documents

relating to the financial standing of subordinate bodies and render such other assistance at

such times and for such purpose as they, in their judgment, may deem necessary and

appropriate to conserve the integrity and welfare of the International Union, its affiliates,

officers and members.

Section 10. The General President shall have the authority to appoint delegates or

representatives of this International Union to conventions, meetings or conferences of all

bodies

with which this International Union is affiliated or in the activities in which it participates

or in which, in the General President's opinion, it has an interest, and to reimburse them

for expenses incurred by them in connection with the performance of their duties and

responsibilities.

Section 11. (a) Whenever the General President deems it to be in the best interests of the

International Union, the General President may waive or regulate the initiation fee or

readmission fee, or any part thereof, payable to the International Union. The General

President may also waive or regulate the initiation fee an applicant for membership shall

pay to join a particular Local Union, and may regulate the payment in installments of

initiation fees to Local Unions by applicants for membership, and fix the membership

privileges of such applicants, pending payment in full thereof;

(b) The General President may, after consideration and study of a particular matter or

situation and when believed necessary to fully accomplish an object or purpose of the

International Union or of its affiliates and members, grant variances, tolerances or

exemptions from specific provisions of the Constitutions, established policies, practices,

lawful orders and decisions, for a period of time and specify the conditions under which

such grant is made.

Section 12. The General President and the General Secretary-Treasurer are jointly vested

with authority to enter into National, Regional, and Area agreements with employers or

employer associations. The General President, subject to review by the General

Executive Board, is vested with full authority to enforce observance of such agreements

and to enforce observance of other lawful agreements made by Local Unions and other

subordinate bodies; and to enforce observance of other lawful orders pertaining thereto,

by Local Unions, other subordinate bodies, and members.

Section 13. The General President and the General Secretary-Treasurer are jointly

authorized to order the issuance of Local Union and District Council charters, specifying

the territorial and trade jurisdiction to be allotted, when and where, in their opinion, the

issuance of such charter would tend to accomplish, promote, enhance and conserve the

welfare and interest of this International Union, its affiliates and members.

Section 14. The General President and the General Secretary-Treasurer shall make all

expenditures of the International Union out of the funds of the International Union as

hereinafter provided, on order drawn on the various accounts of the International Union.

All checks for expenditures of less than $5,000.00 may be signed by either the General

President or General Secretary-Treasurer; all checks in amounts of $5,000.00 or more

shall require the signatures of both the General President and the General Secretary-

Treasurer.

Section 15. The General President shall be authorized to institute or defend and resolve

such suits or proceedings as may be necessary to protect and conserve the property,

welfare and interest of this International Union and its subordinate bodies.

Section 16. The General President shall furnish bond in such sum as the General

Executive Board may determine, to indemnify against possible financial loss to the

International Union. The premium for such bond shall be paid by the International Union.

Section 17. The General President shall, upon the expiration of the term of said office,

surrender and turn over to the International Union all books, monies or other property in

the General President's custody, possession or control.

Section 18. The General President shall have the authority to dismiss or resolve

administratively a charge, objection, protest or appeal where the General President finds

that the charge, objection, protest or appeal would not warrant action by the International

Union General Executive Board or Local Union or District Council Trial Board even if

the facts recited in the charge, objection, protest or appeal were true or where the General

President finds that the charge raises matters not properly the subject of the disciplinary

process. An administrative determination by the General President of a charge, objection,

protest or appeal is final and binding unless modified or reversed on appeal to the

General Executive Board or to the International Union Convention.

Legal Department--General Counsel

Section 19. The General President, with the approval of the General Executive Board,

shall retain the services of a General Counsel and such Associate General Counsel as may

be deemed necessary and proper.

The General Counsel shall perform the duties of said office under the supervision and

direction of the General President with the approval of the General Executive Board.

The General Counsel shall have the general surveillance of the Legal Department of the

International Union in all legal matters.

The General Counsel shall meet with and advise the General Executive Board on all

matters dealing with the legislative and judicial functions of the International Union,

matters of International policy, and at all hearings on appeals filed with the General

Executive Board.

The General Counsel shall maintain said office at the Headquarters of the International

Union, in order to advise and consult with the General President and General Secretary-

Treasurer and all other officials of the International Union, on general and routine

business of the Organization.

Unless excused by the General President or the General Executive Board, the General

Counsel shall, without vote, be present and have a voice at all conventions, conferences

and meetings of the General Executive Board or of the International Union.

The General Counsel shall fulfill all assignments received from the General Executive

Board or the General President.

The General Counsel shall receive for such services an annual salary or retainer, payable

monthly, as is fixed by the General President, with the approval of the General Executive

Board, and may receive such other compensation, allowances and expenses as the

General President deems fitting and proper.

ARTICLE X

Vice Presidents

Section 1. Each Vice President, as a member of the General Executive Board, shall attend

all meetings of the said General Executive Board.

Section 2. Each Vice President shall, when assigned by the General President, act as the

General President's personal representative and in such matters as may be deemed of such

importance as to require the attention of an officer of the International Union.

Section 3. When designated and assigned by the General President, a Vice President shall

be authorized to investigate a dispute between Local Unions or between Local Unions

and District Councils or between District Councils, regarding their territorial or craft

jurisdiction. The Vice President shall, after due notice, hold hearings or conduct such

investigation as the Vice President deems appropriate and from the evidence adduced,

make Findings of Fact and Recommendations, which Findings of Fact and

Recommendations must then be reported and submitted to the General Executive Board

as a whole for determination and decision. The decision, ruling, or order of the General

Executive Board is final and binding until and unless it is appealed to the General

Secretary- Treasurer within thirty days and reversed or modified by the following regular

Convention.

Section 4. Each Vice President shall be authorized to act on any matter delegated by the

General Executive Board, as an officer or member of said Board, including the authority

to officiate as a Hearings Panel, either singly or jointly with other Vice Presidents, as

herein-above provided.

ARTICLE XI

General Secretary-Treasurer

Section 1. The General Secretary-Treasurer shall receive all monies due and owing to the

International Union, including per capita tax, initiation fees, readmission fees and all

other lawful fees and assessments payable by affiliated Local Unions and other

subordinate bodies. The General Secretary- Treasurer shall give proper receipt for such

monies collected.

Section 2. The General Secretary-Treasurer shall be authorized to pay all financial

obligations of the International Union in amounts up to $5,000.00; payments of amounts

of $5,000.00 and over, shall be made jointly with the General President.

Section 3. The General Secretary-Treasurer shall deposit all monies received in such

bank or depositories as may be designated by the General Executive Board, in the name

of the International Union.

Section 4. The General Secretary-Treasurer shall keep a true and accurate record of all

such financial transactions and shall be authorized to hire and engage the services of such

personnel as may be necessary to carry out all of the duties and responsibilities of said

office and to purchase and maintain such equipment and supplies as may be available, for

the proper and efficient keeping of records.

Section 5. The General Secretary-Treasurer shall be authorized to issue such instructions

and orders to affiliated Local Unions, District Councils or other subordinate bodies and

members thereof, as may be deemed necessary in carrying out the duties of said office.

Section 6. The General Secretary-Treasurer shall be the custodian of all books, records,

documents and property of the International Union.

Section 7. The General Secretary-Treasurer shall prepare and distribute to the members

of the General Executive Board, to each affiliated Local Union and District Council, an

annual financial report of the receipts and disbursements of the International Union.

Section 8. The General Secretary-Treasurer shall, together with the General President,

negotiate agreements as provided for in Article IX, Section 12 of this Constitution.

Section 9. The General Secretary-Treasurer shall, together with the General President,

issue charters to Local Unions, District Councils and other subordinate bodies, as

provided for in this Constitution.

Section 10. The General Secretary-Treasurer shall, upon receipt of the per capita tax,

initiation fees and readmission fees, allocate to the various Funds of the International

Union, the proportion hereinafter provided.

Section 11. The General Secretary-Treasurer shall perform the duties of Secretary at all

Conventions of the International Union.

Section 12. The General Secretary-Treasurer shall perform the duties of Secretary at all

meetings of the General Executive Board.

Section 13. The General Secretary-Treasurer shall, when requested by the General

President, perform such duties as are outlined in Article IX, Section 5 of this

Constitution.

Section 14. The General Secretary-Treasurer shall furnish bond in such sum as the

General Executive Board may determine to indemnify against possible financial loss to

the International Union. The premium for such bond shall be paid by the International

Union.

Section 15. The General Secretary-Treasurer shall, upon the expiration of said term of

office, surrender and turn over to the International Union all books, monies or other

property in the General Secretary-Treasurer's custody, possession or control.

Section 16. The General President and General Secretary-Treasurer, jointly, shall have

the authority to employ auditors for the purpose of rendering assistance to affiliates and

their officers in complying with their legal and constitutional obligations and in

connection therewith, they may examine such books, records, accounts and any other

documents relating to the financial standing of subordinate bodies and render such other

assistance at such times and for such purpose as they, in their judgment, may deem

necessary and appropriate to conserve the integrity and welfare of the International

Union, its affiliates, officers and members.

ARTICLE XII

Limitation of Powers

Section 1. The powers of all Officers shall be those as specifically provided for in this

Constitution.

Section 2. The powers and acts of representatives or employees of the International

Union, shall be as authorized by the General Executive Board, General President or

General Secretary-Treasurer or as herein otherwise provided.

Section 3. The International Union shall not be held responsible for any act by any of the

above, which act is not in accordance with the powers specifically provided for either in

the Constitution or as specifically granted, unless:

(a) such unauthorized act or acts were ordered or approved by the International Union, or

(b) such unauthorized act was ratified by the International Union after written notice

thereof.

Section 4. Local Unions, District Councils, and Divisions affiliated with the International

Union are not agents of the International Union and are not authorized to act for, or to

otherwise bind, the International Union except where prior approval, authorization, or

direction is given in writing by the International Union, or where the International Union

ratifies acts performed by affiliated Local Unions, District Councils or Divisions after

written notice thereof. However, in no case is the International Union liable or

responsible for autonomous acts of its affiliated Local Unions, District Councils, or

Divisions.

ARTICLE XIII

Revenue

Section 1. The revenue of this International Union from affiliated Local Unions shall be

as follows:

(a) Charter and Initial Supplies. $25.00

Monthly Per Capita Tax (including apprentice members and agency fee payers):

Effective January 1, 2002 $12.00

Effective January 1, 2003 12.50

Effective January 1, 2004 13.00

Effective January 1, 2005 13.50

Any affiliate which receives income or revenue from bargaining unit members who do

not become members or apprentice members, shall pay a monthly assessment on such

unit members to the International Union in an amount equal to the then-applicable per

capita for members.

(b) Initiation Fee

Effective January 1, 2002 $45.00

Readmission Fee

Effective January 1, 2002 $20.00

(c) Assessments, supplies and all other lawful payments from affiliated Local Unions,

District Councils and other subordinate bodies or other income from sources not specified

in this section.

Section 2. The revenue of the L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL

PENSION FUND shall be derived by payment directly thereto, by each affiliated Local

Union and District Council, monthly, of an amount equal to twelve percent (12%) of the

gross salary paid to each of its full- time officers and employees covered by the Fund,

provided that no payment shall be made on behalf of salary which is at a rate lower than

six thousand dollars ($6,000.00) per year for any one person, or for any salary in excess

of seventy- five thousand dollars ($75,000.00) per year for any one person, together with

such contributions as the International Union may determine to make; effective January

1, 2002, the revenue of the L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL

PENSION FUND shall be derived by payment directly thereto, by each affiliated Local

Union and District Council, monthly, of an amount equal to fourteen percent (14%) of the

gross salary paid to each of its full- time officers and employees covered by the Fund

together with such contributions as the International Union may determine to make. The

minimum salary requiring contributions to the Fund shall be ten thousand ($10,000.00)

dollars per year except that said minimum salary shall continue to be six thousand

($6,000.00) dollars per year for full-time employees and officers who were participants in

the Fund as of December 31, 1996. Additional revenue shall be derived from

contributions from training trust funds and other entities obligated to contribute to the

L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION FUND pursuant to

and at the rate set forth in agreements with its trustees.

ARTICLE XIV

Funds

Section 1. There shall be maintained a General Fund, a Death Benefit Fund, an

International Union Pension or Retirement Fund, a Regular Convention Fund, and such

other special funds as may be duly established in accordance with the International Union

Constitution, by order of the General Executive Board.

Section 2. These Funds and their assets shall be kept separate and distinct from each other

and the proceeds of one Fund shall not be used to meet the obligations of another Fund.

Each Fund shall be liable for its particular obligations. Notwithstanding this or any other

provision of this Constitution to the contrary, a portion of the payments and contributions

described herein may be applied to finance a supplemental, excess benefit retirement

program that may be established and maintained by the General Executive Board for the

benefit of participants and beneficiaries in the L.I.U.N.A. LOCAL UNION AND

DISTRICT COUNCIL PENSION FUND, and the revenue of the L.I.U.N.A. LOCAL

UNION AND DISTRICT COUNCIL PENSION FUND shall then consist of such

payments and contributions less the amounts applied first to finance such supplemental

program.

Section 3. If these Funds are to be administered by the officers of the International Union

through their facilities, then an administration charge to each Fund shall be made in such

amount as is fixed by the General Executive Board; such administration charge shall be

paid to the General Fund.

Section 4. There shall be established and maintained, by an Agreement and Declaration

of Trust entered into by the General Executive Board on behalf of the International

Union, with three persons who shall then serve as Trustees of the Pension Fund, a

separate and distinct Pension Fund for full-time officers and employees of Local Unions

and District Councils, affiliated with the Laborers' International Union of North America,

which shall be known and designated as L.I.U.N.A. LOCAL UNION AND DISTRICT

COUNCIL PENSION FUND for the purpose of receiving and disbursing all money

necessary to finance such a Pension Fund. The three Trustees of the Pension Fund shall at

all times be those persons who occupy the office or position of General President,

General Secretary-Treasurer and General Counsel; such trust agreement shall be

substantially consistent with the draft form submitted to and discussed by the Resolutions

Committee of the Fourteenth Convention, and in conformity with the Convention

Resolution adopted by the aforesaid Fourteenth Convention. The General Executive

Board may establish and maintain a supplemental, excess benefit retirement program for

the benefit of participants and beneficiaries of the L.I.U.N.A. LOCAL UNION AND

DISTRICT COUNCIL PENSION FUND, and may direct that a portion of the payments

and contributions payable to the L.I.U.N.A. LOCAL UNION AND DISTRICT

COUNCIL PENSION FUND by Local Unions, District Councils, and other bodies be

applied first to finance such supplemental program, with the balance constituting

revenues of said Pension Fund, provided that the Pension Fund remains soundly funded.

ARTICLE XV

Apportionment and Distribution of Revenue

Section 1. The apportionment, distribution and allocation from initiation fees,

readmission fees and per capita tax received by the International Union to each of the

various Funds shall be as follows:

INITIATION FEES: One hundred percent (100%) thereof shall belong to the General

Fund.

READMISSION FEES: One hundred percent (100%) thereof shall belong to the General

Fund.

PER CAPITA TAX: Effective January 1, 2002, eleven dollars and fifty cents ($11.50)

thereof shall belong to the General Fund; fifty cents ($.50) thereof shall belong to the

Regular Convention Fund.

Effective January 1, 2003, twelve dollars ($12.00) thereof shall belong to the General

Fund; fifty cents ($.50) thereof shall belong to the Regular Convention Fund.

Effective January 1, 2004, twelve dollars and fifty cents ($12.50) thereof shall belong to

the General Fund; fifty cents ($.50) thereof shall belong to the Regular Convention Fund.

Effective January 1, 2005, thirteen dollars ($13.00) shall belong to the General Fund;

fifty cents ($.50) thereof shall belong to the Regular Convention Fund.

With respect to the per capita tax charged for retirees, five dollars ($5.00) thereof shall

belong to the General Fund.

The International Union Staff Pension or Retirement Fund shall be funded on an actuarial

cost basis to comply with applicable pension law. The General Fund of the International

Union will make monthly employer contributions to the International Union Staff

Pension or Retirement Fund based on actuarial cost as determined by the actuary. There

will be no direct allocation of per capita tax or fees to the International Union Staff

Pension or Retirement Fund; and the funding of the Plan will be the obligation of the

International Union General Fund.

Section 2. All other income, unless expressly otherwise provided, shall belong to the

General Fund.

ARTICLE XVI

Membership

Section 1. The qualifications, rights and obligations of members shall be as specifically

provided for in Article III, Sections 1, 2, and 3, Article VIII, Section 5 and Article VIII,

Section 7 of the Uniform Local Union Constitution.

Section 2. No member shall bring or cause to be brought in any court, whether in law or

equity, any action against a Local Union, District Council or the International Union or

their officers, representatives or employees, in any matter involving an issue arising out

of or related to his the member's membership, which is remediable within the framework

of the International Union, Local Union or District Council Constitution without having

first exhausted all of the remedies available under the aforesaid Constitutions.

Section 3. No member, Local Union, District Council or other subordinate body or officer

thereof, shall bring or cause to be brought in any court, whether in law or equity, any

action against a Local Union, District Council or the International Union or their officers,

representatives or employees, asserting rights set forth in the International Union

Constitution, the Uniform Local Union Constitution, or the Uniform District Council

Constitution as a matter of contract. The sole and exclusive remedy for the enforcement

of rights found in this Constitution shall be through procedures contained herein,

including provisions relating to charges, trials and appeals. Decisions of the General

President or the General Executive Board regarding such constitutional rights or, upon

any appeal, of the International Union Convention, deciding any such rights are final and

binding and not subject to further judicial review.

Section 4. Venue to litigate any action arising out of contractual rights allegedly premised

upon the International Union Constitution, the Uniform Local Union Constitution or the

Uniform District Council Constitution, including any cause seeking to challenge or

restrict the application of the foregoing Section shall exist only in the Federal District

Court for the District of Columbia.

ARTICLE XVII

Charters

Section 1. Charters to Local Unions, District Councils and other subordinate bodies shall

be issued in accordance with this Constitution, as hereinabove provided.

Section 2. The General Executive Board shall fix and determine the form of application

for charter and the form of the charter.

Section 3. The charter fee and the initiation fee and per capita tax for each member to be

registered must accompany the application.

Section 4. Every charter, when issued, shall be deemed to have been issued in accordance

with and subject to the International Union Constitution and every provision now a part

of said Constitution or hereafter duly adopted shall be binding upon Local Unions,

District Councils or other subordinate bodies, their officers and members, as binding

provisions as if they had been specifically included in said charter. Each Local Union and

each District Council shall be bound by and comply with all of the provisions of the

International Union Constitution, the Uniform Local Union Constitution and Uniform

District Council Constitution, respectively.

ARTICLE XVIII

Obligations of Affiliates

Section 1. Each affiliated Local Union and each affiliated District Council and the

officers thereof, shall conform to and comply with all of the obligations as provided for in

the Uniform Local Union Constitution, Uniform District Council Constitution, and the

International Union Constitution, respectively.

Section 2. Any Local Union, District Council or other subordinate body or the officers

thereof, which attempts to cause secession by a Local Union, District Council or other

subordinate body from the International Union, or seeks the division of funds, or

affiliates with or joins an entity not created by or specifically approved by the

International Union, may be fined, suspended, expelled or placed in trusteeship, after

notice, hearing and decision by the General Executive Board.

Section 3. Each Local Union shall, through its Secretary-Treasurer, pay to the

International Union a per capita tax of $12.00 effective January 1, 2002, $12.50 effective

January 1, 2003, $13.00 effective January 1, 2004, and $13.50 effective January 1, 2005,

payable for the current month on each member in the Local Union and, pay an initiation

fee of $35.00 for each member registered with the International Union as a member and

$15.00 for each member readmitted; and effective January 1, 2002, pay an initiation fee

of $45.00 for each member registered with the International Union and $20.00 for each

member readmitted; each initiation fee and each readmission fee must be accompanied by

the per capita tax for the month in which the member is registered or readmitted. For

retirees each Local Union shall pay to the International Union a per capita tax of $5.00

per retired member each month.

Section 4. If a Local Union fails, neglects or refuses to pay to the International Union the

per capita tax, initiation fees, readmission fees or other lawful payments within the time

prescribed, it may be deemed suspended without further notice.

Section 5. Upon a complaint, hearing, and finding by the General Executive Board that a

Local Union has falsified or been delinquent in its payments and/or its reports to the

International Union, or has failed, neglected, or refused to pay to the District Council

with which it is affiliated the per capita tax, initiation fees, readmission fees, or other

lawful payments within the time prescribed, it may be suspended from, or may be placed

in trusteeship by, the International Union or it may be assessed the cost of investigation

and audit, in addition to the amount involved in the falsification and/or delinquency of its

reports.

Section 6. If a Local Union is suspended, dissolved or ceases to exist, all of its property,

funds, books, papers and paraphernalia shall immediately revert to and become the

property of the International Union and the General President may forthwith, either

personally or by deputy, take possession thereof for the International Union.

Alternatively, in the General President's sole discretion, the International Union may

refrain from taking any or all of the former Local Union's property, funds, books, papers,

or paraphernalia.

The officers and members of said Local Union shall be severally and jointly responsible

for such property, funds, books, papers, and paraphernalia until the same are turned over

to the General President or authorized representative.

This section shall apply to affiliated District Councils and all other subordinate bodies

chartered by the International Union.

Section 7. No Local Union or officer thereof shall bring or cause to be brought in any

court, whether in law or in equity, any action against another Local Union, District

Council or the International Union, or their officers, representatives or employees, in any

matter involving an issue arising out of or related to their charter or to their rights or

obligations, which is remediable within the framework of the International Union, Local

Union or District Council Constitution, without first having exhausted all of the remedies

available under the aforesaid Constitutions. Any Local Union which violates this

reasonable obligation may, if found guilty, after notice and hearing in accordance with

the provisions of the aforesaid Constitutions, have its charter revoked and be fined, and

may in addition thereto, be assessed the amount which such litigation caused to be

expended on the Local Union, the District Council or the International Union. Any

officer who violates this reasonable obligation, after notice and hearing in accordance

with the provisions of the aforesaid Constitutions, if found guilty, may be removed from

office and fined, and may, in addition thereto, be assessed the amount which such

litigation caused to be expended by the Local Union, the District Council or the

International Union.

This section shall apply to affiliated District Councils and all other subordinate bodies

chartered by the International Union.

Section 8. (a) Effective January 1, 2002, Local Unions shall charge not less than fortyfive

dollars ($45.00) nor directly or indirectly more than six hundred dollars ($600.00), as

an initiation fee.

(b) Local Unions shall charge, as readmission fee, amounts as provided for in Article

VIII, Section 6 of the Uniform Local Union Constitution;

(c) Each Local Union shall fix and regulate the dues payable by its members in such

amount as is lawful and necessary to carry out its objects, purposes and obligations;

except for apprentice members, such amount shall not be less than twenty dollars

($20.00) as of January 1, 2002, twenty-one dollars ($21.00) as of January 1, 2003,

twenty-two dollars ($22.00) as of January 1, 2004, twenty-three dollars ($23.00) as of

January 1, 2005, and twenty- four dollars ($24.00) as of January 1, 2006. In areas where

District Councils exist, said dues shall be fixed and regulated as provided for in Article II,

Section 2(e) and Article VIII, Section 2 of the Uniform District Council Constitution.

Affiliates shall have the authority upon the recommendation of the Executive Board and

approval by the membership to set a lesser schedule of minimum dues for apprentice

members. Regular monthly dues for apprentices may be reduced but not eliminated. A

member who has held continuous membership for 50 years or more shall receive a gold

membership card and shall be excused from the payment of any further dues obligation,

and the member's Local Union shall not owe per capita tax for such member, in tribute to

their years of service and devotion to the Laborers' International Union.

(d) All dues, whether below, at, or above the minimum of nineteen dollars ($19.00) shall

be increased by no less than one dollar ($1.00) per month no later than January 1, 2002,

by an additional one dollar ($1.00) no later than January 1, 2003, by an additional one

dollar ($1.00) on January 1, 2004, by an additional one dollar ($1.00) on January 1, 2005,

and by an additional one dollar ($1.00) on January 1, 2006.

Section 9. (a) Effective January 1, 2002, each Local Union and District Council, through

its Secretary-Treasurer, shall pay directly to the L.I.U.N.A. LOCAL UNION AND

DISTRICT COUNCIL PENSION FUND, payable by the last day of the following month for which

said salary is paid, an amount equal to fourteen percent (14%) of the gross salary paid to

each of its full- time officers and employees covered by the Fund.

The minimum salary requiring contribution to the Fund shall be ten thousand dollars

($10,000.00) per year with respect to full-time officers and employees who were not

participants in the Fund prior to January 1, 1997, but shall remain at six thousand dollars

($6,000.00) per year for full-time officers and employees who were participants in the

Fund as of December 31, 1996.

(b) If a Local Union or District Council fails, neglects or refuses to pay the L.I.U.N.A.

LOCAL UNION AND DISTRICT COUNCIL PENSION FUND the payment herein

specified within the time prescribed above, but not later than the last day of the month

following the month in which it is due, the Local Union or District Council may be

deemed suspended without further notice.

(c) The provisions of the Agreement and Declaration of Trust (10/25/61), as amended, for

the L.I.U.N.A. Local Union and District Council Pension Trust are hereby incorporated

into this Constitution as if specifically set forth, provided however that nothing in this

Constitution shall require the Pension Fund to exhaust constitutional remedies before

invoking available legal remedies.

ARTICLE XIX

District Councils

Section 1. The General Executive Board, or the General President and General Secretary-

Treasurer, shall authorize the issuance of District Council charters in such areas as, in

their judgment, the best interests of the International Union, Local Unions and members

thereof, demand.

Section 2. SUCH CHARTERS MAY BE ISSUED:

(a) Upon application of a number of affiliated Local Unions in an area when it is deemed

advantageous and beneficial to said Local Unions to combine their economic power,

effort and strength into a unit which would tend to enhance, promote and conserve their

welfare and interest and that of their members; or

(b) When the General Executive Board, or the General President and General Secretary-

Treasurer, upon examination of conditions as they may exist in a given area, believe that

the welfare and interest of a group of Local Unions and their members would be

enhanced, promoted and conserved by the issuance of a District Council charter.

Section 3. When a District Council charter is issued, all Local Unions within its territorial

and/or craft jurisdiction shall affiliate and remain affiliated with said District Council.

Section 4. The form of the application and the form of the charter of District Councils

shall be as is prescribed by the General Executive Board.

Section 5. The membership of the District Council shall consist of the delegates from

affiliated Local Unions who have been properly and lawfully elected as such delegates

and each affiliated Local Union shall be entitled to representation as provided for in

Article IV, Section 3 of the Uniform District Council Constitution.

Section 6. Suspension of Local Unions from this International Union automatically

suspends them from the District Council.

Section 7. The objects and powers of a District Council shall be as provided for and fully

outlined in Article II of the Uniform District Council Constitution.

Section 8. The obligations of a District Council, its officers and members thereof, shall be

those as outlined in Article III of the Uniform District Council Constitution.

Section 9. The District Council shall hold meetings in accordance with the requirements

of Article X of the Uniform District Council Constitution.

ARTICLE XX

Mail Handlers Division

Section 1. Effective January 1, 2002, the per capita tax payable by the National Postal

Mail Handlers Union, a Division of LIUNA ("Mail Handlers Division") to the

International Union shall be six dollars ($6.00) per regular member per month. Three

dollars and ninety-five cents ($3.95) thereof shall belong to the General Fund; twenty-

five cents ($.25) thereof shall belong to the Regular Convention Fund; and one dollar and

eighty cents ($1.80) thereof shall belong to a bargaining and administration fund.

Effective January 1, 2003, the per capita tax payable by the Mail Handlers Division to the

International Union shall be six dollars ($6.00) per regular member per month. Four

dollars and five cents ($4.05) thereof shall belong to the General Fund; twenty- five cents

($.25) thereof shall belong to the Regular Convention Fund; and one dollar and seventy

cents ($1.70) thereof shall belong to a bargaining and administration fund.

Effective January 1, 2004, the per capita tax payable by the Mail Handlers Division to the

International Union shall be six dollars ($6.00) per regular member per month. Four

dollars and fifteen cents ($4.15) thereof shall belong to the General Fund; twenty-five

cents ($.25) thereof shall belong to the Regular Convention Fund; and one dollar and

sixty cents ($1.60) thereof shall belong to a bargaining and administration fund.

Effective January 1, 2005, the per capita tax payable by the Mail Handlers Division to the

International Union shall be six dollars ($6.00) per regular member per month. Four

dollars and twenty- five cents ($4.25) thereof shall belong to the General Fund; twenty

five cents ($.25) thereof shall belong to the Regular Convention Fund; and one dollar and

fifty cents ($1.50) thereof shall belong to a bargaining and administration fund.

Section 2. The per capita tax payable by the Mail Handlers Division to the International

Union shall be three dollars and sixty cents ($3.60) per associate member per year which

shall belong to the General Fund. The General Executive Board may increase the

associate member per capita tax in an amount not to exceed any per capita tax increase

adopted by the AFL-CIO with respect to associate members.

Section 3. Consistent with the provisions of Article XX of the Constitution of the Mail

Handlers Division, amendments to the Mail Handlers Division Constitution shall not

become effective until their approval by the General Executive Board.

Section 4. In accordance with the provisions of Articles I and II of the International

Union Constitution, the provisions of this Article shall preempt and supersede any and all

conflicting provisions contained in the Constitutions of the Mail Handlers Division

and/or its Local Unions.

ARTICLE XXI

Transfers

Section 1. A member of a Local Union shall have the right to transfer membership from

his the Local Union into another Local Union affiliated with the International Union,

provided that at the time of requesting such transfer, the member is in good standing with

the Local Union. Transfers between Local Unions affiliated with a District Council in a

metropolitan area shall not be required.

Section 2. In addition to being in good standing, the member shall pay dues up to and

including the month in which the transfer is sought and obtained.

Section 3. If at the time that a transfer is requested, there are charges pending against the

member awaiting trial, or there are assessments or other fees or fines properly and

lawfully imposed which remain unpaid, then such member shall not be entitled to a

transfer.

Section 4. A member shall not be entitled to the right of transfer until after six months

from the date of the member's initiation.

Section 5. A member shall, upon transferring as aforesaid, become a member of the Local

Union to which the transferee has transferred and entitled to all the rights and privileges

of a member, except that the transferee shall not have the right to vote until three months

of membership have been completed and shall not be eligible to be a candidate for or

hold any office or represent the Local Union as a delegate or in any other elective

capacity, until achieving continuous good standing therein for at least two years.

Section 6. The transfer shall be deposited by the transferee with the Secretary-Treasurer

or some other official of the Local Union in whose area the transferee wishes to deposit

said transfer, within one month from the date of issuance.

Section 7. A transferee who does not deposit the transfer within one month from the date

of issuance and who desires to maintain membership, may return the transfer to the

Secretary- Treasurer of the Local Union that issued the transfer, within the second month;

failure to do so will forfeit the transferee's membership in the organization.

Section 8. A transferee who has been a member of the International Union continuously

for at least five years prior thereto shall not be required to pay any initiation fee or

admission charge by the Local Union to which the transfers is made. But, if the transferee

has not been a member for the said period and the initiation fee in the accepting Local

Union is more than the existing initiation fee in the originating Local Union, the

transferee shall pay the accepting Local Union the difference in the initiation fees.

Section 9. When a good-standing member of a Local Union is working within the

territorial jurisdiction of another Local Union outside of the same metropolitan area, for a

period of more than thirty days, the Local Union in whose area the member is working

may demand a transfer from that member.

Section 10. The form of transfer shall be as determined and prescribed by the General

Secretary-Treasurer.

ARTICLE XXII

Death Benefits

Section 1. Upon the death of a member whose earliest date of initiation is prior to January

1, 1997, and who at the time of death was and had been in continuous good standing with

the International Union for one year and up to six years and who when last admitted or

readmitted to membership was in good health, the International Union will pay to those

legally entitled thereto the sum of one hundred dollars ($100.00); and for such member

who had been in continuous good standing for six years and up to twelve years the

International Union will pay to those legally entitled thereto the sum of two hundred

dollars ($200.00); and for such member who had been in continuous good standing for

twelve years and up to eighteen years the International Union will pay to those legally

entitled thereto the sum of five hundred dollars ($500.00); and for such member who had

been in continuous good standing for eighteen years and up to twenty- four years the

International Union will pay to those legally entitled thereto the sum of one thousand

dollars ($1,000.00); and for such member who had been in continuous good standing for

more than twenty- four years the International Union will pay to those legally entitled

thereto the sum of one thousand five hundred dollars ($1,500.00). The General Executive

Board shall have the power and authority to act between Conventions to adjust the

foregoing benefit levels and/or membership provisions if it is determined that such an

adjustment is reasonably necessary to preserve the financial integrity of the Death Benefit

Fund.

In the event of accidental death while actually working at the calling, where the accident

was the direct and proximate cause of death, the death benefit payable shall be double the

amount provided for in this section. "Actually working at the calling" is hereby defined to

mean that the decedent was employed at the jurisdiction of this International Union

pursuant to the terms of an agreement with an affiliate.

Section 2. The burden shall be upon the individual claiming the death benefit to furnish

proof that said claimant is legally entitled to the benefit and also to furnish sufficient

proof of death and to furnish proof of the good-standing of the member at the time of

death, together with the membership card of the deceased. The claimant shall fill out,

sign and acknowledge a certificate of the truth of the statements contained in the death

claim form, which form shall be as prepared by direction of the General Secretary-

Treasurer. The officers of the Local Union of which the deceased was a member shall

assist the claimant in preparation of the proof as required, insofar as the membership and

standing of the deceased as a member of the Local Union is concerned and furnish

claimant with a copy of the prescribed death claim form.

In the event of presentation of conflicting claims over the decease of a member or in the

event that the General Secretary-Treasurer has any doubt that a claimant is legally

entitled to the death benefit, the General Secretary-Treasurer shall require such proof as

may be deemed necessary to substantiate the validity of the claim.

Upon the presentation of valid and properly filed claims where more than one death

benefit may be payable, the liability of the International Union shall be limited to the

highest single death benefit payable.

Section 3. If no proper claim for benefit is made within one year of the death of a

member, no death benefit shall be payable. If a timely claim for payment of a death

benefit is made and the claim is rejected by the International Union, the claim shall be

barred unless suit is brought therefor and commenced within one year from the rejection

thereof by the International Union.

ARTICLE XXIII

Charges, Trials and Appeals

The procedure with respect to Charges, Trials and Appeals in Local Unions and in

District Councils shall be, as provided for in Article XII of the Uniform Local Union

Constitution and Article XII of the Uniform District Council Constitution, respectively.

ARTICLE XXIV

Miscellaneous Provisions

Section 1. No Local Union, District Council or other subordinate body, officer or member

thereof, shall sell or grant permission to sell or solicit any advertising, or to issue

souvenirs or booklets of any kind with advertising matter contained therein.

Section 2. Every Amendment to this Constitution, unless otherwise provided, shall go

into effect immediately upon its adoption.

Section 3. (a) The General Executive Board may establish rules to allow a privilege to

members in good-standing who enter military service, to be reinvested with their period

of good-standing prior to military service, provided they report to their Local Union on

their return from military service, within ninety days from the date of discharge and pay

the current month's dues. Such members may continue their good-standing by paying an

amount equivalent to the monthly per capita tax to their Local Union while in military

service.

(b) The General Executive Board may also provide that non-member Veterans may be

admitted as members, provided they apply for membership within four months of the date

of discharge from military service and pay as an initiation fee an amount fixed by the

General Executive Board, in addition to the current month's dues; member Veterans who

do not avail themselves of the privilege referred to in (a), shall be entitled to the privilege

provided in this section.

Section 4. The official language of the Union shall be English and all its affairs shall be

conducted in English unless otherwise prescribed by law.

ARTICLE XXV

Oath

Each officer or person elected to an elective position, when duly elected as provided for

in the Constitution, shall prior to being installed and assuming the duties of office or

position, take the following oath:

"I (name) do hereby solemnly pledge my honor to recognize and comply with all of the

provisions of the Constitution of the International Union, the Uniform Local Union

Constitution and the Uniform District Council Constitution and all of the rules,

regulations, policies, practices, and lawful orders and decisions adopted and promulgated

in the furtherance and administration of the said Constitutions and to perform the duties

of my office as prescribed in said Constitutions and to deliver to the Union all of the

books, papers and other property of the Union that may be in my custody and control at

the close of my official term.

And, I further declare that I am not now a member of, nor sympathize with, any

organization that has for its purpose the overthrow of this Organization or of the

Government of the United States of America or Canada by force or violence. All this I

solemnly promise on my honor, so help me God."

Governance of the Laborers' International Union of North America is supplemented by

the LIUNA Ethics and Disciplinary Procedure and the LIUNA Ethical Practices Code,

which together constitute part of this Constitution.

INTERNATIONAL UNION CONSTITUTION INDEX

Art. Sec. Page

Advertising unlawful solicitation...........………………………XXIV 1 59

Affiliations......................…………………………………….II 2 6-8

with unapproved groups..........………………………………XVIII 2 49

Agreements

national, regional and area ...…………………………………VIII 2(s) 27

power vested in officers and ...……………………………….IX 12 37

................................…………………………………………XI 8 41

Amalgamations .....................………………………………..II 2(i) 8

Appeals, See also Charges, trials and appeals

to the convention...............…………………………………..VIII 2(a- viii) 29

to the Appellate Officer ........………………………………..VIII 2(a-vii) 29

in Local Unions and District Councils ………………………..XXIII 59

Assessments, See also Revenue

levied by the General Executive Board ……………………….VIII 2(j) 25

received by the General Secretary-Treasurer

.................................. ……………………………………….XI 1 40

transfers.......................………………………………………XXI 3 56

Audits

committee on....................………………………………….V 15-16 16

of delinquent Local Unions......……………………………..XVIII 5 50

of the International Union......……………………………….IX 9(a) 36

of subordinate bodies...........………………………………..IX 6 33

...............................………………………………………..IX 9(b) 36

...............................……………………………………….XI 16 42

Authority.........................…………………………………..I 2 4

Bonding

of the General President........………………………………IX 16 38

of the General Secretary-Treasurer……………………….XI 14 42

under trusteeship...............……………………………….IX 7 33-35

Charges, trials and appeals.......…………………………..IX 18 38

...............................……………………………………..XXIII 59

Charters

cause of revocation............………………………………IX 5 32-33

issuance.......................………………………………….XVII 1-4 48-49

issued and revoked by the International Union

................................…………………………………….II 2(b) 6

..............................………………………………………IX 13 37

..............................………………………………………VIII 2(f) 25

Constitutions

amendments.....................………………………………..XXIV 2 59

binding on affiliates..........…………………………………XVII 4 48-49

................................……………………………………..XVIII 1-9 49-53

exhaustion of remedies.........……………………………...XVI 2-4 47-48

General Executive Board's power to amend

................................…………………………………….II 2(e) 7

................................…………………………………….VIII 2(b) 24

oath of allegiance..............……………………………….XXV 60

power of exemption..............…………………………….IX 11 36-37

................................…………………………………….VIII 2(a- ii) 28

Conventions

call for........................…………………………………...V 2 10

committees......................………………………………..V 14-16 15-16

credentials.....................…………………………………V 3 10-11

................................…………………………………….V 5 12

...............................……………………………………..V 10 14

delegates

allowances...................………………………………….V 11 15

challenge and removal of....………………………………V 6-7 12

elections.......................………………………………….V 9 13-14

eligibility...................…………………………………….V 9(a) 13

location of....................………………………………….V 1 10

order of business and rules.....……………………………V 12 15

President's duties..............……………………………….IX 2 31-32

quorum..........................…………………………………V 8 12

Regular Convention Fund.........………………………….XIV 1-4 45-46

representation................………………………………...V 4 11-12

resolutions.....................…………………………………V 13 15

................................…………………………………….VIII 2(k) 25

schedule........................…………………………………V 1 10

special conventions.............………………………………V 17 16-17

supreme authority...............………………………………I 2 4

Death Benefit Fund................……………………………XXII 1-3 57-59

See also Funds

Dissolution.......................……………………………….I 1 4

of subordinate bodies...........……………………………II 2(I) 8

................................…………………………………..XVIII 6 50

District Councils.................……………………………XIX 1-9 53-54

charges and trials..............……………………………..IX 18 38

................................………………………………….VIII 2(a-vii) 29

chartering......................………………………………II 2(b) 6

................................………………………………….IX 13 37

...............................………………………………….VIII 2(f) 25

................................………………………………….XI 9 41

................................………………………………….XVII 1-4 48-49

constitution....................………………………………II 2(e) 7

disputes......................………………………………..X 3 40

dissolutions....................………………………………XVIII 6 50

dues............................………………………………..XVIII 8(c) 51-52

exhaustion of remedies and......………………………..XVI 2-4 47-48

................................………………………………….XVIII 7 50-51

jurisdiction....................……………………………….IX 13 37

................................………………………………….VIII 2(f) 25

obligations.....................………………………………XVIII 1-9 49-53

Pension Fund contribution.......…………………………XVIII 9 52-53

trusteeships....................………………………………IX 7 33-35

Dues

military service and............……………………………XXIV 3 59-60

required for transfer...........……………………………XXI 2 56

set by Local Unions.............………………………….XVIII 8 51-52

Elections........................... …………………………..VII 20-24

mail balloting in Local Union..... ………………………IX 11(b) 37

Elections Officer................... ………………………..VII 7-11 22-24

Electoral districts..............……………………………VIII 2(a-ix) 30-31

Ethical Practices Code..........…………………………V 4 11-12

...............................………………………………….VII 8 22-23

................................…………………………………XXV 60

Funds.............................…………………………….XIV 1-4 45-46

................................…………………………………XV 1-2 46-47

See also specific funds

of defunct Local Unions.........………………………..XVIII 6 50

revenue apportionment..........………………………..XV 1-2 46-47

General Counsel...................………………………. IX 19 38-39

See also Legal Department

Pension Fund trustee.............. ……………………...XIV 4 45-46

General Executive Board

authority.......................………………………………I 2 4

composition of..................…………………………..VI 1-3 17-18

delegation of powers............…………………………VIII 2(a- vii) 29

executive, judicial and legislative powers

...............................………………………………….II 2(e) 7

issuance of charters............…………………………..VIII 2(f) 25

...............................………………………………….XIX 1-4 53

Manual of Jurisdiction..........………………………….VIII 2(q) 26

powers..........................……………………………..VIII 2 24-32

powers of expulsion.............…………………………VIII 2(r) 26-27

................................………………………………...XVIII 2 49

special conventions and........…………………………V 17 16-17

General Fund. See Funds

General President.................…………………………VI 1-8 17-20

.............................…………………………………..VII 1-6 20-22

auditors and....................……………………………IX 9 36

................................………………………………..XI 16 42

convention committee appointments and

................................………………………………..V 15 16

General Executive Board meetings and

................................………………………………..VIII 2(v) 27

issuance of charters............………………………….XIX 1-2 53

Pension Fund trustee............………………………..XIV 4 45-46

powers and duties...............…………………………IX 1-19 31-39

General Secretary-Treasurer.....……………………..VI 1-8 17-20

................................………………………………..VII 1-6 20-22

convention call issuance........………………………..V 2 10

death claim forms and...........……………………….XXII 2 58

duties.........................……………………………...XI 1-16 40-42

fees and........................……………………………XI 1 40

Pension Fund trustee............……………………….XIV 4 45-46

resolutions and.................………………………….V 13 15

transfer forms and.............…………………………XXI 10 57

Headquarters......................……………………….IV 1 9

Hearing Panels...................……………………….VIII 2(a- vii) 29

................................………………………………X 4 40

Initiation Fees

allocation of..................... …………………………XI 10 41

amount..........................…………………………...XVIII 8 51-53

charter applications and........………………………XVII 3 48

differential exemptions.........………………………XXI 8 56-57

dispensations...................…………………………IX 11 36-37

................................……………………………..VIII 2(u) 27

General Secretary-Treasurer....………………….. XI 1 40

International Representatives...……………………XII 2 42

Investments, General Executive Board and………..VIII 2(l) 26

Jurisdiction

definition......................…………………………… III 1 8-9

disputes........................……………………………X 3 40

International Union.............………………………...II 2(b) 6

................................……………………………….VIII 2(q) 26

Manual of Jurisdiction..........……………………….VIII 2(q) 26

Label of the International Union.…………………….IV 2 9-10

Legal Department

duties.........................………………………………IX 19 38-39

function........................……………………………..II 1(n) 6

Limitation of powers..............……………………….XII 1-4 42-43

Local Unions

affiliation with district councils………………………..XIX 3 53

charges and trials..............…………………………..VIII 2(a-vi) 28-29

chartering......................…………………………….II 2(b) 6

...............................………………………………...IX 13 40 37

................................……………………………….VIII 2(f) 26 25

................................……………………………….XI 9 44 41

................................……………………………….XVII 1-4 51 48-49

constitution....................……………………………II 2 6-8

................................……………………………….VIII 2(b) 25-26 24

convention representation.......……………………….V 4 11-12

death claims....................…………………………….XXII 1-3 57-59

delegate selection..............…………………………..V 9 13-14

delinquent payments

to International Union........…………………………...XVIII 4-5 50

to Pension Fund...............……………………………XVIII 9 52-53

disputes........................………………………………X 3 40

dues and fees...................…………………………….XVIII 8 51-52

exhaustion and remedies and.....………………………XVI 2-4 47-48

...............................………………………………….XVIII 7 50-51

initiation fees.................………………………………VIII 2(u) 27

................................…………………………………XI 1 40

jurisdiction..................………………………………. IX 13 37

................................…………………………………VIII 2(f) 25

obligations.....................………………………………XVIII 1-9 49-53

Pension Fund contributions......………………………..XVIII 9 52-53

transfers.......................……………………………….XXI 1-10 55-57

trusteeships..................……………………………….IX 7 33-35

Mail Handlers....................……………………………XX 1-4 54-55

Manual of Jurisdiction............…………………………VIII 2(q) 26

Membership.......................……………………………XVI 1-4 47-48

mergers and.....................……………………………...II 2(i) 8

Military service..................…………………………….XXIV 3 59-60

Oath of allegiance.................. ………………………….XXV 60

Objects of the International Union……………………… II 1 5-6

Officers of the International Union……………………….VI 1-8 17-20

................................…………………………………….VII 3-11 20-24

See also specific officers

suspension of...................………………………………..IX 5 32-33

Official language of the International Union

................................……………………………………..XXIV 4 60

Organizing activities............……………………………….VIII 2(t) 27

Pension Funds. See also Funds

Local Union and District Council…………………………..XIII 2 44

................................………………………………………XVIII 9 52-53

................................………………………………………XV 1-2 46-47

Per capita tax

allocation of..................……………………………………XI 10 41

................................………………………………………XV 1 46-47

charter applications and........………………………………XVII 3 48

General Secretary-Treasurer and…………………………..XI 1 40

................................……………………………………….XVIII 3 49-50

Mail Handlers and...............……………………………….XX 1-2 54-55

military service and............…………………………………XXIV 3 59-60

Powers of the International Union.………………………….II 2 6-8

limitation of...................……………………………………XII 1-4 42-43

Preamble............................ 4

Readmission fees

allocation of..................…………………………………...XI 10 41

...............................………………………………………XV 1 49 46-47

amount..........................…………………………………..XVIII 8(b) 51

General Secretary-Treasurer and…………………………..XI 1 40

Referendums

General Executive Board submission II 2(e) 7

................................………………………………………VIII 2(b) 25-26 24

Regional offices.................…………………………………IV 1 9

................................………………………………………VIII 2(w) 29 27-28

Retirees..........................…………………………………..XVIII 3 49-50

Revenue...........................…………………………………XIII 1-2 43-44

apportionment and distribution.……………………………..XV 1-2 46-47

funds...........................……………………………………..XIV 1-4 45-46

Seal of the International Union..……………………………..IV 2 9-10

Subversive activities.............………………………………...XXV 60

See also Oath of allegiance

Suspension of subordinate bodies..…………………………XVIII 4-7 50-51

"The Laborer".…………………………………………….VIII 2(y) 28

election communications and....…………………………….VII 8(f) 23

Title of the International Union..……………………………..I 1 4

Transfers.........................…………………………………..XXI 1-10 55-57

Trials. See Charges, trials, and appeals

Trusteeship......................……………………………………IX 7 33-35

Veterans, admission as members...…………………………..XXXIV 3(b) 59-60

Vice Presidents..................………………………………….X 1-4 39-40

1.