PDF version of this constitution  without 2004 amendments and EDP

UNIFORM LOCAL UNION CONSTITUTION( "ULUC")

of the Laborers' International Union of North America

As Amended by the 22nd Convention

September 17-20, 2001

And by Action of the General Executive Board

Through December 31, 2001 without 2004 provisional amendments

Section 1. Each affiliated Local Union of the Laborers' International Union of North

America is created by the said International Union, having been brought into being as a

unit in order to accomplish the goal of gathering under one banner all those that work at

the craft and calling of said International Union, in accordance with the craft and

territorial jurisdiction allotted to each Local Union by its charter; subject to the

Constitution, rules, regulations, policies, practices and lawful orders and decisions of the

said International Union and subject to the provisions of the Uniform District Council

Constitution and subject to the provisions of the Uniform Local Union Constitution, and

rules, regulations, policies, and practices, where the same apply.
 

Section 2. The headquarters and general office of the Local Union shall be maintained in

the city where it is presently located. The headquarters and general offices of the Local

Union may be relocated to another city or town within the Local Union's territorial

jurisdiction only upon the approval of the General President.
 

Section 1. OBJECTS:

Each Local Union, having had assigned to it its craft and territorial jurisdiction, by its

charter, is charged with the responsibility:

(a) To carry out the purposes of said assignment;

(b) To fulfill the objects of the International Union as specified in Article II, Section 1 of

the International Union Constitution;

(c) To conduct its affairs in a manner which would most tend to enhance, conserve and

protect the welfare and interest of the International Union, its affiliates and members;

(d) To perform and carry out its objects and functions in accordance with the provisions

of this Constitution, the International Union Constitution and the Uniform District

Council Constitution, as hereinafter provided.

(e) To organize the unorganized.
 

Section 2. POWERS:

In order to effectuate these objects a Local Union shall have the authority:

(a) To establish proper rules, regulations, policies and practices as it deems necessary or

appropriate to fulfill the purposes for which the Local Union was chartered, provided

such rules, regulations, policies and practices are not in conflict with the International

Union Constitution, its rules, regulations, policies, practices and lawful orders and

decisions and not in conflict with the Uniform Local Union Constitution or the Uniform

District Council Constitution, and rules, regulations, policies and practices, where same

apply; such rules, regulations, policies or practices shall be subject to review by the

General President; if, after such review, it is the General President's judgment that such

rules, regulations, policies or practices are neither proper nor in conformity with the

intent, objects or purposes of the Constitutions, regulations, practices, policies and lawful

orders and decisions of the International Union, the General President may modify or

annul same;

(b) To raise income from dues, initiation fees, readmission fees, assessments and other

proper and lawful sources;

(c) To make commitments and disbursements in its discretion from the funds, assets, and

property of the Local Union for regular, recurrent, and incidental expenses, organizing,

strikes, collective bargaining, contract administration, awards, gifts, donations, charitable

contributions, political purposes, education, public relations, employee benefit plans for

Local Union personnel and officers, legal expenses, and such other expenses and

investments as it deems necessary or proper to carry out the objects and purposes of the

Union;

(d) To establish proper wages, conditions and hours of employment through the process

of collective bargaining with employers and to fulfill and require observance thereof.

Except as otherwise specifically provided in the Constitutions of the Union, each Local

Union shall be autonomous in the exercise of its right to negotiate and consummate

agreements with employers and to police and enforce the terms and conditions thereof;

(e) To provide for the well-being and security of members, officers and employees of the

Local Union, including but not limited to the establishment of insurance, health and

welfare, pension, severance and other employee benefit plans;

(f) To carry out its other duties, responsibilities and functions as provided in the

Constitutions of the Union;

(g) To take such other actions as it deems necessary or proper to fulfill the objects listed

in Section I herein.
 

Section 3. OBLIGATIONS

(a) A Local Union shall carry out, perform and comply with all of the objects and powers

as outlined in Article II of this Constitution and the objects of the International Union;

(b) A Local Union shall recognize and be subject to all of the provisions of the

International Union Constitution and, if so affiliated, the Uniform District Council

Constitution, and shall comply with all such rules, regulations, policies, practices and

lawful orders and decisions of the International Union, its officers and General Executive

Board, and, if so affiliated, of the District Council and its Executive Board;

(c) Local Unions within the territorial and trade jurisdiction of a District Council shall

affiliate with such District Council and shall also affiliate with appropriate Bodies, such

as Building and Construction Trades Councils, Metal Trades Councils, Maritime Trades

Councils, State Federations of Labor and Central Bodies;

(d) The General Executive Board of the International Union may, upon notice and after

hearing, suspend or revoke charters or consolidate or amalgamate subordinate bodies and

may define or revise their craft or territorial jurisdiction;

(e) A Local Union shall submit to the General President or the General President's deputy

or authorized representative, all books, records and data, when requested. The General

President, or deputy, may request the personal appearance of all officers, officials or

members of the Local Union, as part of an investigation ordered by the General President

or in connection with said duties, responsibilities or the exercise of the powers of the

General President;

(f) A charter of a Local Union shall not be voluntarily surrendered while there are ten

members in good standing in said Local Union who object to such surrender. The

International Union is not obligated to accept a voluntarily surrendered charter but, in its

sole discretion, it may elect to pursue alternative means, including but not limited to

trusteeship, to continue the existence of the Local Union;

(g) When the General President, upon investigation, finds that the average good-standing

membership of a Local Union, over a period of one year, is less than 200 members and,

after investigation finds that the Local Union has not effectuated the purposes for which it

was chartered, the General President shall declare the charter of said Local Union

suspended. When such declaration of suspension has been made by the General

President, or the charter of a Local Union ceases to exist for any reason, the goodstanding

members of such Local Union shall transfer into such other affiliated Local

Unions of the International Union, as designated by the General President, within a

period of thirty days from the date of notice of suspension;

(h) When, as hereinafter provided, a Local Union fails to make payment of initiation fees,

readmission fees, per capita tax or other lawful fees or assessments to the International

Union within the time prescribed, the charter of such Local Union may be deemed

suspended without further notice;

(i) When, as hereinafter provided, a Local Union fails to make payments of initiation

fees, readmission fees, per capita tax, or other lawful fees or assessments to the District

Council with which it is affiliated within the time prescribed, upon a complaint, hearing,

and finding by the General Executive Board that the Local Union has falsified its reports

or failed to make the aforesaid payments within the prescribed time, the charter of such

Local Union may be suspended, the Local Union may be assessed the cost of

investigation and audit in addition to the amount involved in the falsification or

delinquency of its reports, and/or other action may be taken as the General Executive

Board deems warranted;

(j) When, as hereinafter provided, a Local Union fails to make payment to the L.I.U.N.A.

LOCAL UNION AND DISTRICT COUNCIL PENSION FUND within the time

prescribed, the charter of such Local Union may be deemed suspended without further

notice;

(k) 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, in accordance with the provisions contained in the International

Union Constitution. 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.

(l) All Local Unions are required to exhaust remedies in accordance with Article XVIII,

Section 7 of the International Union Constitution;

(m) In carrying out the objects, powers, and obligations herein, affiliated Local Unions of

the Laborers' International Union of North America are not agents of the International

Union unless specified acts or conduct were ordered or directed by the International

Union, or such acts or conduct were ratified by the International Union after written

notice thereof. However, in no event shall the International Union be liable or responsible

for autonomous acts of its affiliated Local Unions.

Section 1. APPLICANTS:

(a) In order to be eligible for membership a person must be working at the calling within

the territory of the Local Union in which the individual applies for membership. This

requirement establishes only a requirement for membership eligibility and is not a

limitation on the exercise of any right arising under the National Labor Relations Act or

any other statute.

(b) An individual shall not be granted membership if that person is a member of, or a

sympathizer with, any organization that has for its purpose the overthrow of this

Organization or of the Government of the United States of America or of Canada, by

force or violence;

(c) Such applicant for membership must agree to abide by the Constitutions, laws, rules,

regulations, policies and lawful orders and decisions of this Organization;

(d) Such applicant must agree to refrain from conduct that would interfere with the

performance of this Union's lawful and contractual obligations;

(e) Such applicant must tender to the Local Union in which membership is sought, the

initiation fee, dues and other lawful fees and assessments that prevail in said Local

Union;

(f) Such applicant must recognize the responsibility to preserve the Union as an

institution;

(g) No person who has been expelled from one Local Union shall be admitted to

membership by the same Local Union or another Local Union, without first obtaining

permission from the General Executive Board of the International Union;

(h) No person shall be clothed with or acquire or retain the right of membership unless

payment of the initiation fee, readmission fee, per capita tax and monthly dues are

received by the International Union or the Local Union, as the case may be, when due,

provided, however, that any member who has not been suspended and is current in the

payment of dues shall not be deprived, where otherwise qualified, of the right to vote in a

regular election of the Local Union;

Section 2. RIGHTS OF MEMBERS:

In accordance with and subject to all the provisions of the International Union

Constitution and the Uniform District Council Constitution and this Constitution, all

persons having lawfully acquired membership in the Union, shall be entitled to the

following rights:

(a) To be represented by the Union for the purpose of collective bargaining and to work

as a member of the Union and enjoy all of the benefits that flow therefrom, in accordance

with agreements, understandings or conditions properly established by the Local Union;

(b) To attend and participate in meetings and functions of the Local Union;

(c) To be a candidate for and hold office or position in the Local Union;

(d) To transfer from one affiliated Local Union to another;

(e) To readmission;

(f) To death benefit provided that the member was initiated prior to January 1, 1997;

(g) To bring to the attention of the member's Local Union any matter of importance to the

Organization and its members;

(h) To prefer charges and have a proper hearing and decision on said charges; and, in the

case of a member against whom charges have been preferred, to receive proper notice of

the charges and a full and fair hearing and decision; and

To appeal therefrom to the Appellate Officer of the International Union; and

To appeal to the Convention;

(i) A member of any Local Union may inquire of the General Secretary-Treasurer as to

whether the member is in good standing in the International Union.

(j) A member has the right to be free from discrimination based upon age, race, religion,

gender, or national origin. (e. g., or any other trait provided by law or (e.g., or other form

of discrimination provided by law).

Section 3. OBLIGATIONS OF MEMBERS:

(a) To recognize that the International Union Constitution, the Uniform Local Union

Constitution and the Uniform District Council Constitution, constitute the organic law of

the Organization;

(b) To observe, conform and comply with all of the terms and provisions of said

Constitutions and all of the rules, regulations, policies, practices and lawful orders and

decisions adopted and promulgated in the furtherance and administration of the

provisions of the said Constitutions;

(c) To recognize and respect the right of the Union to adopt and enforce reasonable rules

as to the responsibility of every member toward the Organization as an institution and to

refrain from conduct that would interfere with the performance of its lawful and

contractual obligations;

(d) To refrain from interfering with the proper conduct of all the business of the

Organization;

(e) To observe proper decorum in attending and participating in meetings and functions

of the Organization, in accordance with such reasonable rules established by the

Organization and generally accepted parliamentary rules of procedure pertaining to the

conduct of meetings and functions;

(f) To refrain from attending a meeting or function under the influence of liquor or

conducting oneself in such a manner as to interfere with the proper and orderly conduct

of the business of the Local Union; and to comply with and obey all requests or orders by

the presiding officer pertaining to the conduct of a meeting or function;

(g) To refrain from attempting to cause secession by the Local Union from the

International Union; to refrain from assisting an organization threatening to, or

undermining the representational rights of the International Union or any of its affiliates;

and to refrain from advocating or seeking the division of the funds of the Local Union;

(h) All members are required to exhaust remedies in accordance with Article XVI,

Section 2 of the International Union Constitution;

(i) Each member shall pay to the Local Union such initiation fee, dues, and other lawful

fees and assessments as are fixed and established pursuant to constitutional authority.

Section 4. APPRENTICES:

(a) In addition to regular membership there shall be a special class of membership for

Apprentices. Apprentices shall be accorded the same voice and vote as members with

respect to the conduct of the business and affairs of the Local Union but shall not be

eligible to serve as an officer in, nor as a member of, the Executive Board nor as a

delegate to a District Council nor as a delegate to the Convention of the International

Union.

(b) Individuals accepted into the apprenticeship program shall fulfill all obligations of the

Apprenticeship Standards before being granted recognition as a skilled Construction

Craft Laborer and until such time as these obligations are met, the apprentice shall be

granted an "apprentice member card" by the International Union. The apprentice will be

required to complete the requirements of the Apprenticeship Standards before becoming

eligible to claim journeyworker status, be recognized as a journeyworker, and/or enter the

journeyworker out-of-work list. Upon successful completion of the apprenticeship

program, the individual shall be issued a regular membership card by the International

Union.

Section 1. The officers of the Local Union shall consist of President, Vice President,

Recording Secretary, Secretary-Treasurer, Business Manager, Sergeant-at-Arms, three

Auditors and additional members of the Executive Board.
 

Section 2. A combination of offices may be permitted, provided, however, that such

combination has been voted by the membership and provided that it is then submitted to

the General President of the International Union for approval; all of said action to be had

and taken prior to the nomination meeting.
 

Section 3. Subject to the approval of the General President, an officer or employee of a

Local Union may also hold office in or be employed by another body of the Union and

receive the salary and other compensation provided for such position, provided that if the

salary or other compensation for such other position does not exceed $12,000.00 per year,

such approval shall not be required.
 

Section 4. DUTIES OF OFFICERS:

(1) The President shall preside as chairperson at all meetings of the Local Union and

exercise all of the authority and responsibility as such chairperson.

(2) The President shall preside at all meetings of the Executive Board of the Local Union

as its chairperson and also at all sessions of the Executive Board sitting as a trial board.

(3) The President shall, together with the Secretary-Treasurer, sign all checks or orders

for the payment of monies from the Local Union's accounts, and sign all official

documents of the Local Union, except as herein otherwise provided.

(4) The President shall call special meetings of the Local Union or of the Executive

Board, when requested to do so by the Executive Board of the Local Union.

The Vice President shall, in the absence of the President at any regular or special meeting

of the Local Union or of the Executive Board, perform the functions and duties of the

President at such meeting.

(1) The Recording Secretary shall prepare and sign minutes of all meetings which shall

be turned over to the Secretary-Treasurer as part of the records of the Local Union.

(2) The Recording Secretary shall submit the books to the Auditors of the Local Union

for inspection once a year or to a Certified Public Accountant when the Local Union has

retained such Accountant for the purpose of auditing the financial records of the Local

Union, and to the General President or a deputy or representative appointed by the

General President for such purpose, when requested.

(3) The Recording Secretary shall, together with the President, sign all credentials of

delegates of the Local Union.

(1) All monies payable to the Local Union shall be turned over to the Secretary-

Treasurer, who shall give a proper receipt therefor.

(2) The Secretary-Treasurer shall make and keep a proper record of all such monies

received and deposit same in the name of the Local Union, in such banks or depositories

as the Executive Board shall determine.

(3) The Secretary-Treasurer shall make disbursements in accordance with the provisions

of Article IX herein.

(4) The Secretary-Treasurer shall, once each month, at a meeting of the Local Union,

make a written, categorical financial report of the monies received and disbursed since

the last report to a meeting.

(5) The Secretary-Treasurer shall, together with the President, sign all checks or orders

for the payment of monies from the Local Union's accounts.

(6) The Secretary-Treasurer shall submit the books to the Auditors of the Local Union for

inspection once a year or to a Certified Public Accountant when the Local Union has

retained such accountant for the purpose of auditing the financial records of the Local

Union, and to the General President or a deputy or representative appointed by the

General President for such purpose, when requested.

(7) The Secretary-Treasurer, in addition to the monthly per capita tax corresponding to

the monthly dues paid to the Local Union by its members, shall pay to the International

Union and the District Council with which the Local Union is affiliated each month or

more often, initiation fees and readmission fees for those who have paid similar fees to

the Local Union, giving the full names, addresses, dates of birth and Social Security

numbers of those to be initiated or readmitted. The Secretary- Treasurer shall also make

payment, when due, of all other lawful payments and obligations due and owing to the

International Union and the District Council with which the Local Union is affiliated.

(8) Effective January 1, 2002, the Secretary-Treasurer shall pay directly to the L.I.U.N.A.

LOCAL UNION AND DISTRICT COUNCIL PENSION FUND each month, 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, provided that no payment shall be made on behalf of

salary which is at a rate lower than ten thousand dollars ($10,000.00) per year for any one

person, but shall remain at six thousand dollars ($6,000.00) per year for full- time officers

and staff who were participants in the Fund as of December 31, 1996.

(9) Each Local Union, through its Secretary- Treasurer, is charged with the obligation of

registering all applicants for membership with the International Union, upon receipt by it

of the initiation fee or of the first $35.00 paid by the prospective member toward the

initiation fee, whichever occurs first; effective January 1, 2002, the foregoing $35.00

shall be increased to $45.00. The Local Union shall have the privilege of withholding the

membership card received from the International Union for such registration, until the

individual has completed payment of the full amount of the initiation fee payable to the

Local Union.

(10) The Secretary-Treasurer shall pay the per capita tax due to the International Union

for and in behalf of each member who has paid dues to the Local Union, in the second

month after such dues were payable but in no event later than 25 days after the last day

required for the payment of dues by the member. This 25-day period is allowed to the

Secretary- Treasurer for the purpose of preparing and forwarding the per capita tax report

to the General Secretary-Treasurer but does not inure to the benefit of the member as an

extended time within which the member may pay dues to the Local Union.

(11) Where a Local Union is affiliated with a District Council, the Secretary-Treasurer

shall, at the same time the appropriate payments are being made to the International

Union, pay to the District Council any per capita tax, initiation fees, readmission or other

lawful fees which may be due.

(12) The Secretary-Treasurer shall pay directly to the L.I.U.N.A. LOCAL UNION AND

DISTRICT COUNCIL PENSION FUND, the payment as aforesaid by the last day of the

following month for which said salary is due, but in no event later than the last day of the

month following the month in which the payment is due.

(13) The folios and other forms of registration and payments required to be made, shall

be in such form as prescribed by the General Secretary-Treasurer. The Secretary-

Treasurer shall order from the International Union all books and other paraphernalia as

prescribed by the Constitution.

(14) The Secretary-Treasurer shall promptly report to the General Secretary-

Treasurer all newly initiated and readmitted members, all transfers by members into or

out of the Local Union; all members to be suspended for nonpayment of dues or

otherwise; or expelled; all members deceased and the dates of death, and a report of

members entering and returning from military service.

(15) All minutes of meetings, property, books, papers, and records of all financial

transactions within the Local Union shall be in the custody of the Secretary-Treasurer.

(1) The Business Manager shall be the recognized representative of the Local Union.

It shall be the duty of the Business Manager of a Local Union to see to it that the affairs

and business of the Local Union are being properly conducted in accordance with the

Constitutions and with the rules, regulations, policies, practices and lawful orders and

decisions.

(2) Specifically, but not in limitation thereof:

(a) Unless otherwise provided, negotiations with employers shall be through a

Negotiating Committee of the Local Union, of which the Business Manager shall be

chairperson ex-officio;

(b) It shall be the duty of the Business Manager to see to it that the provisions of all

agreements are enforced and respected by all persons affected thereby. All instances of

non-compliance which are not amicably adjusted by the Business Manager, shall be

reported to the Executive Board of the Local Union.

(3) The Business Manager shall have the authority to appoint and supervise Stewards.

(4) The Business Manager shall be in charge of, direct and supervise the activities of

Field Representatives and Organizers. The Business Manager shall have the authority to

discharge Field Representatives and Organizers.

(5) The Business Manager shall keep informed of all contemplated work to be done

within the jurisdiction of the Local Union and make such pre-job arrangements as may be

necessary in order to insure the proper and lawful progress of such work once started and

to its conclusion.

(6) The Business Manager shall visit all projects within the jurisdiction of the Local

Union in order to ascertain whether or not work is progressing in accordance with

established conditions.

(7) The Business Manager shall be charged with the responsibility of protecting the craft

jurisdiction within the territory entrusted to the Local Union by the International Union.

(8) The Business Manager shall use all proper and lawful means of organizing the work

coming within the territorial and craft jurisdiction of the Local Union.

(9) At each meeting of the Local Union and at such other times as the Executive Board

shall require, the Business Manager shall make an activity report which shall include the

activities of any assistants and which shall include, but shall not be limited to, organizing,

political action and, where applicable, training and apprenticeship.

(10) For all monies collected in the field, the Business Manager shall give an official

receipt furnished by the International Union, which monies shall then be turned over to

the Secretary-Treasurer of the Local Union, as soon as is practicable, and obtain a receipt

therefor.

(11) By virtue of the election to said office, the Business Manager shall serve as a

delegate to the District Council and all other local labor bodies with which the Local

Union is affiliated.

F---SERGEANT-AT-ARMS

The Sergeant-at-Arms shall determine the right of those who shall be permitted to enter

the meeting hall; and shall execute such orders received from the President for the

maintenance of order and decorum at meetings.

(1) The Auditors shall at the end of the year audit the books of the Secretary-Treasurer

and check the entries with bank deposits, statements and other data or memoranda. They

shall render a detailed report annually to the Local Union, showing financial transactions

and condition of the Local Union for the preceding year.

(2) The Auditors shall have the right to require the production of books, records and other

data or memoranda from all officers, officials or employees who participated in any

financial transaction and to request their appearance for the purpose of making such

report or explanation as may be deemed necessary by them.

(3) When a Local Union has retained a Certified Public Accountant to prepare its annual

audit, then the foregoing subsections shall not apply. The Certified Public Accountant

shall be retained by the Executive Board. The Auditors shall cooperate with the Certified

Public Accountant in the preparation of such audit.

(1) The Executive Board shall be composed of seven members.

(2) It shall consist of the President, Vice President, Recording Secretary, Secretary-

Treasurer, Business Manager and two other members elected by the membership as

members of the Executive Board.

In the event that there is a combination of offices, there shall be elected from among the

membership of Local Union such number of Executive Board members as to complete

the complement of seven members.

(3) The Executive Board, in interim periods between meetings, shall have the authority of

the Local Union except as hereinafter provided.

(4) Actions of the Executive Board, except for commitments and disbursements for the

regular, recurrent and incidental expenses of the Local Union, shall be binding until and

unless modified by vote of membership at a meeting of the Local Union when the report

of the Executive Board is made to it.

(5) The presence of at least four members of the Executive Board shall constitute a

quorum; a majority of those present and voting shall be required for all official acts.

(6) The Executive Board shall meet at least once a month and, when possible, prior to the

regular meeting of the Local Union; it shall also hold such special meetings as, in its

judgment, it may deem appropriate or necessary.

(7) The Executive Board shall submit a report of its activities and its minutes, to each

regular meeting of the Local Union.

(8) The Executive Board shall constitute and be the trial board to hear and determine all

charges, as hereinafter provided.

(9) It shall be the duty of the Executive Board to see to it that the affairs and business of

the Local Union are being properly conducted, in accordance with the Constitution.

(10) When the Local Union has decided that Field Representatives or Organizers are

needed, the Executive Board, after recommendation from the Business Manager, shall

appoint such Field Representatives or Organizers and it shall determine the salary and

other compensation to be paid. Approval shall not be unreasonably withheld. If a

recommendation of the Business Manager is rejected, then the Business Manager shall

have the right to submit a further recommendation for the Executive Board's

consideration.

(11) The Executive Board shall see to it that bond is provided which protects against loss

by reason of acts of fraud or dishonesty covering every officer, agent, shop steward, or

other representative who handles funds or other property of the Local Union, in an

amount not less than the minimum required by the provisions of applicable law, and by

any ruling of the General Executive Board.

Section 5. Each officer, Executive Board Member and Delegate to a District Council,

where a Local Union is affiliated with a District Council, shall attend all meetings of the

Bodies in which the official functions; and failure to attend two successive meetings or

any three meetings in a period of one year, unless excused for just cause by a vote of the

Executive Board or membership of the Local Union, shall be deemed sufficient ground

for hearing and trial before the Executive Board of the Local Union, why that official

should not be removed from said office or position.

Section 6. Upon the termination of office, each officer shall turn over the books, papers,

records and other property which came into the officer's possession, custody and control,

to the organization. This provision shall also apply to all other officials or employees of

the Local Union.

In order to qualify as a candidate for any office in a Local Union, a member:

Section 1. Shall be required to have been in good standing in the International Union for

a period of two years and in good standing in the Local Union for a period of two years

immediately prior to nomination and to be current in the payment of dues; these

requirements shall not apply in cases when Local Unions have been chartered for a period

of less than two years prior to the date of nomination.

Section 2. Shall be a lawful permanent resident and shall be lawfully employable under

the laws of the United States or Canada.

Section 3. Shall be literate.

Section 4. No one shall be eligible to hold any office in the Local Union if the person has

not been regularly working at the calling of the International Union during the entire year

immediately prior to nomination. "Working at the calling" shall be defined to include:

(a) Employment for which the Union serves, or is actively seeking to serve, as the

exclusive collective bargaining representative of employees;

(b) Employment in a full- time official capacity for the Local Union;

(c) Employment by government or the trade union movement in a capacity directly

related to the calling and one which would directly benefit the Local Union and its

members except that employment by the Local Union in a clerical or administrative

position shall not be deemed to be "working at the calling." Members who are employed

in such clerical or administrative positions and are therefore ineligible from being

candidates for office shall retain their rights as members to participate in the affairs of the

Union, including campaigning activities, to the extent permitted by applicable law;

(d) Periods of unemployment where the member was available for and continuously and

actively sought employment at the calling which shall be understood to require full

compliance with the lawful rules of the referral service or hiring hall, if any, operated by

the Local Union;

(e) Members who can prove they were unable to work because of temporary illness or

disability of less than one year so long as that member has a reasonable expectation of

returning to work in the foreseeable future.

In examining the circumstances of each particular case, due regard shall be given to the

good faith involved.

Section 5. No person who has been debarred after trial, from holding office, shall be

qualified as a candidate during the period of such debarment.

Section 6. A candidate shall not be eligible to run for office if such candidate is a member

of, or a sympathizer with, any organization that has for its purpose the overthrow of this

Organization or of the Government of the United States of America or of Canada, by

force or violence, or who is unable to qualify under this Constitution and in accordance

with the provisions of existing law.

Section 7. A candidate must agree to observe, conform and comply with all of the terms

and provisions of the International Union Constitution, 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 provisions of the said Constitutions.

Section 8. Such candidate must agree to refrain from conduct that would interfere with

the proper conduct of all of the business of the Organization.

Section 9. Such candidate must agree to recognize said responsibility toward the

preservation of the Union as an institution.

Section 10. All of the qualifications for office must be present at the time of nominations,

as well as at the time of election and during the term of office.

Section 11. Any person who receives a pension from a pension or a retirement fund

related to the International Union or any affiliate thereof shall be presumed to be a retiree

and, therefore, not to be working at the calling of the International Union and not to be

qualified as a candidate for office. The burden shall be on such pension recipient to

demonstrate affirmatively to the satisfaction of the Judges of Election that such individual

nonetheless meets the constitutional qualifications for office.

Section 1. NOMINATIONS:

(a) A special meeting, to be known as the "Nomination Meeting," shall be held not less

than ten days nor more than twenty days prior to a regular meeting of the Local Union to

be held in the month of May of the election year, at which nominations shall be made for

all of the offices or positions, including delegates to the District Council, to be filled;

(b) No less than seven days prior to said Nomination Meeting, notice thereof shall be

mailed to each good-standing member of the Local Union at such member's last-known

address, and such notice shall list the offices and positions to be filled and the time and

place of such meeting;

(c) Three Judges of Election shall be appointed prior to the Nomination Meeting by the

Executive Board of the Local Union. They shall not be candidates for office but they

shall possess all the qualifications required of candidates for office except that they may

be retired;

(d) The salary and compensation to be paid to elected officers or officials shall be fixed

prior to the nominations; provided that adjustments to salary during the term of office

may be effected in accordance with the provisions of Article IX herein;

(e) A member in good standing shall be eligible to be nominated for office in the Local

Union. Such member shall meet all of the requirements of qualification hereinabove

outlined;

(f) All members nominated shall be nominated by another member in good standing and

shall be present at the time of nomination, unless absent from the meeting on business for

the Local Union, for the District Council, or for the International Union, or excused for

just cause by a vote of the membership of the Local Union and shall indicate immediately

upon nomination whether it is accepted or declined. Once a nomination is accepted, the

nominee has no right to withdraw such candidacy prior to the election;

(g) Nominations shall be made in the following order: President, Vice President,

Recording Secretary, Secretary-Treasurer, Business Manager-Delegate, Sergeant-at-

Arms, Auditors (3), Executive Board Members, Delegate(s) to the District Council (if

applicable).

This order is subject to combination of offices, when approved, in accordance with

constitutional provisions. No member may be a candidate for, nor hold more than one

office, except where a combination of offices has been approved, in accordance with the

provisions of this Constitution;

(h) All elected officers shall serve for a term of three years, provided, however, that the

term shall be four years where the law permits. The newly elected officers shall take the

oath of office and be installed by the presiding officer at the first regular meeting after the

election.

Section 2. WHEN THE NOMINATIONS HAVE BEEN COMPLETED:

(a) The Chairperson shall state that the Constitution requires all candidates to appear

before the Judges of Election, who shall examine them in order to determine whether or

not each candidate possesses all of the qualifications hereinabove provided; (b) The

Judges of Election shall then announce the time and place when such examinations will

be made;

(c) Candidates are required to appear at such time and place and be examined unless

absent on business for the Local Union, for the District Council or for the International

Union, or excused for just cause by the Judges of Election. If absent for any of the

foregoing reasons, the candidate and the Judges of Election shall promptly schedule an

alternate time and place so that the candidate may be examined as to qualifications.

Unexcused absence from a nomination meeting shall serve to disqualify such member

from any subsequent nomination in the same election;

(d) Any member in good-standing wishing to protest the qualification of any candidate or

who may have information or data regarding the qualification of a candidate, may also

appear before the Judges of Election at the time and place specified;

(e) After the Judges of Election have completed their examination, they shall pass upon

and decide whether or not each candidate qualifies, as provided, and prepare their report,

which is to be submitted to the regular meeting of the membership in the month of May

following the Nomination Meeting.

In the event there is no contest for any office and the candidates are found properly

qualified, the Judges of Election shall certify to the May meeting that there is no need for

a secret ballot election, and the nominees shall be declared duly elected;

(f) If the Judges of Election have disqualified any candidate, the Chairperson of the

meeting shall then call further nominations if, but only if, the disqualification results in

there being no candidate for that office or position, or, in the case of Executive Board

Members, auditors or delegates to the District Council (if applicable), in there being

fewer candidates than there are positions to be elected. If any such nominations are made,

the Judges of Election shall immediately examine the new nominees and report on same

at said meeting.

(g) The Judges of Election shall prepare the official ballot. In the preparation of the

official ballot, the Judges of Election shall consult with and obtain from the Recording

Secretary the list of candidates for each office or elective position; the official ballot shall

then be prepared pursuant to said data, with the names of the candidates listed in the

order in which they were nominated. Once the Judge s of Election have declared the

nominees eligible to run, no nominee will be stricken from the ballot for any reason,

including the unavailability or unwillingness of the nominee to serve in office;

(h) The Judges of Election shall then contact and consult with the Secretary-Treasurer, in

order to determine the number of official ballots to be printed, if ballots are to be used, or

the number of voting machines, if the election is to be conducted by voting machines.

Upon being so informed, the Judges of Election shall then order the preparation of the

required number of official ballots, or to make the necessary arrangements for the number

of voting machines, both of which shall be in such form as to protect and insure the

secrecy of the vote of the member;

(i) The official ballots, once printed, shall remain in the custody of the Judges of Election

until the day of election;

(j) At the May meeting, the membership shall determine and fix the date on which the

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

open.

When this data has been determined, the Secretary-Treasurer shall mail a written notice

to the last-known address of each member in good standing, which would inform each

member of the date, place and time of election and the list of the offices or elective

positions to be filled; such notice to be mailed not less than fifteen days prior to the date

of election.

Section 3. ELECTION:

(a) The voting area shall be located in a hall or room where all of the functions of the

election process will be open and visible at all times to the Watchers and the election

officials charged with the proper conduct of the election;

(b) Each candidate may, at such candidate's own expense, designate in writing a Watcher

who must be a member of the Local Union and who must, no later than the day of

election, deposit such written appointment with the Judges of Election;

(c) Those permitted to be in the voting area are the three Judges of Election, the

Secretary-Treasurer (who may have an office secretary present if deemed necessary), any

duly designated Watchers and such other persons whose presence the Local Union may

deem necessary in the process and conduct of the election; provided that a motion to this

effect is made and adopted at the May meeting preceding the election; and all the

members in good-standing during the period necessary and required for the casting of

their votes;

(d) As each member in good-standing appears for the purpose of voting, such member

shall report to the Secretary-Treasurer and present identification.

The Secretary-Treasurer, together with a Judge of Election, shall then determine whether

such person is current in the payment of dues and otherwise qualified and entitled to vote.

Current in payment of dues for purposes of election shall mean that the member is not

more than two (2) months in arrears in the payment of dues.

As members are qualified, they shall be required to sign their names and card numbers on

a Membership Voting Register, which Register, when the voting has been concluded,

shall then be signed, at the end thereof, by the Secretary-Treasurer and the three Judges

of Election;

(e) After members have been qualified, they shall each be given an official ballot and

permitted:

(1) if a paper ballot is used, to mark the ballot, indicating their choice of candidate for

each office and elective position, in a secret manner where such choice cannot be

identified with the voter; and thereafter to deposit their ballots in the ballot box, in the

presence of a Judge of Election and the Watchers, which box shall be locked during the

voting process;

(2) if the vote is by voting machine, to register their votes in a secret manner and in a

manner where such choices cannot be identified with the voter;

(f) A member who has completed voting shall leave the voting area;

(g) If a voter requests assistance, such assistance shall be given by a Judge of Election;

(h) No "write-in" vote shall be permitted on the day of election;

(i) When the closing time as prescribed has arrived and all voters present have voted, the

Secretary- Treasurer, having fulfilled the duties of said office during the election, shall

leave the voting area. The Judges of Election shall take possession of the ballot box, in

the case where paper ballots are used, or open the voting machine, if machines are used,

and proceed to count and tally the vote for each office or elective position, in the

presence of the Watchers. When the count and tally for each office has been completed

and the total vote for each candidate has been established, the Judges of Election shall

announce the result, after which they shall mark the result of the total vote for each

candidate on two blank official ballots or on two official lists of candidates and certify,

by their signatures, that such results are the official results of the election, one of which

shall be kept by the Judges of Election, for the purpose of preparing their report to the

following meeting of the Local Union and the other to be turned over to the Secretary-

Treasurer for the purpose of posting same as the result of the election, for the information

of all of the members of the Local Union;

(j) In the event of a tie in the votes cast for the candidates for any office, the decision will

be made by lot from among those candidates having the tie vote;

(k) All of the ballots cast and all of the remainder of the unused ballots, the tally sheet

and the Membership Voting Register, shall be gathered and wrapped in a package which

shall be sealed and signed by the three Judges of Election. The Judges of Election shall

retain custody of this package until the meeting when they make their report, at which

time they shall surrender said records to the newly elected Secretary-Treasurer.

(l) At the meeting following the election, the Judges of Election shall submit a written

report of their activities and functions dealing with their duties after nominations, and the

conduct of the election, and attach thereto the official list of candidates containing the

results of the election which was signed by them after the tally had been completed;

thereupon, the newly elected officers shall be duly installed in office and shall assume

their duties and responsibilities;

(m) Filling of Vacancies: In the filling of a vacancy in an office or elective position,

including vacancies arising when a person who is unwilling or unavailable to serve is

elected to office, the Executive Board shall fill the vacancy by appointment in a

provisional capacity of a member having all the requirements for office;

(n) When a member has been elected to office or to an elective position, the member

shall, as such officer or official, fully perform all such duties, responsibilities and

obligations that attach to such office or position as required by the International Union,

Local Union or District Council Constitutions.

(o) Non-compliance by anyone holding an elective office or position shall be subject to

all applicable disciplinary provisions contained in either the International Union, Local

Union, or District Council Constitutions; anyone holding a non-elective position who

does not comply with the above requirements shall be subject to discharge.

Section 4. DELEGATES:

(a) All delegates of Local Unions to Conventions of the International Union shall be

nominated and elected at the time prescribed in the International Union Constitution. The

manner of nominating and electing such delegates to regular Conventions of the

International Union, shall be as provided for in Article V, Section 9 of the International

Union Constitution;

(b) The Business Manager of a Local Union elected in conformity with the provisions of

Article VI of the Uniform Local Union Constitution shall, by virtue of such election,

serve as a delegate from the Local Union to the appropriate District Council and all other

local labor bodies with which the Local Union is affiliated. All other delegates of a Local

Union to a District Council shall be nominated and elected in accordance with all the

constitutional provisions dealing with qualifications, nominations and election of officers

of Local Unions, except that the Executive Board may, in advance of the nomination of

officers, determine that either its President or Secretary-Treasurer (but not both) shall, by

virtue of the elected office, also serve as a delegate. The foregoing provision does not

apply to the selection of delegates to the International Union Convention;

(c) Delegates to all other bodies, conventions, meetings or conferences may be either

elected by the membership or appointed by the Executive Board of the Local Union, in

accordance with the vote of the membership at a meeting or as required by the

constitution, rules or regulations of such other body.

Compensation, allowances and reimbursement for expenses may be provided by the

Executive Board to such delegates for the performance of their duties and

responsibilities.

Section 1. Each Local Union shall hold at least one regular meeting each month on such

day, time and place as established by vote of the membership of the Local Union. When

regular meetings are not held at a fixed and regular time and place each month, notice of

such meetings shall be sent to each member in good-standing of the Local Union.

Section 2. Special meetings shall be called by the President of the Local Union when

requested to do so by the Executive Board. A notice of such special meeting shall be

mailed to all good-standing members of the Local Union, which notice shall specify the

purpose for the call of said meeting.

Section 3. It is the intent of this Constitution that all members should attend all meetings

of the Local Union and that the Local Union should take such steps as may tend to

encourage attendance of members at meetings.

The attendance of ten members at a meeting shall constitute a quorum for the transaction

of business in Local Unions of four hundred members or less; and the attendance of

fifteen members shall constitute a quorum in Local Unions of more than four hundred.

There is no minimum quorum requirement for nomination and election meetings.

Section 4. ORDER OF BUSINESS:

The order of business to be followed at regular meetings of the Local Union shall be as

follows:

1. Roll Call of Officers

2. Reading of Minutes of Previous Meetings

3. Communications and Bills

4. Report of Executive Board

5. Report of Business Manager

6. Report of Delegates to District Councils and other Bodies

7. Political Report

8. Organizing Report

9. Report of Other Committees

10. Unfinished Business

11. New Business

12. Financial Reports

13. Good and Welfare

14. Adjournment

Section 5. The President, as presiding officer of all meetings, shall maintain order and

decorum at said meetings and shall properly conduct all of the business coming before

said meetings; the President shall see to it that all members present comply with and

respect the provisions of this Constitution dealing with the attendance of members at

meetings and shall have authority to remove from the hall and bring charges against

members who improperly obstruct and interfere with the orderly conduct of the business

of the meeting.

Section 6. Any member who is not working at the calling or who is engaged in

independent enterprise shall not have a voice or vote at meetings of the Local Union. A

retired member shall have voice and vote at Local Union meetings only on matters of

direct concern or interest to retired members.

Section 7. Unless otherwise provided either by this Constitution or by rules and

regulations established pursuant thereto, generally accepted parliamentary procedure

shall prevail at all meetings of the Local Union.

Section 1. The initiation fees and dues to be paid by members and apprentice members to

Local Unions affiliated with a District Council, shall be established and regulated by the

District Council, in accordance with the provisions of Article II, Section 2(e) and Article

VIII, Section 2 of the Uniform District Council Constitution.

Section 2. Where initiation fees and dues are not established by a District Council, the

Local Union shall, by secret ballot vote of the membership, establish the initiation fee and

dues to be paid by its members and apprentice members, in accordance with applicable

law.

Section 3. In all instances, the initiation fee shall be not less than fifteen dollars ($15.00)

nor more than five hundred dollars ($500.00). Effective January 1, 2002, the initiation fee

shall be not less than forty- five dollars ($45.00) nor more than six hundred dollars

($600.00). The dues shall be not less than nineteen dollars ($19.00) as of January 1, 2000,

twenty dollars ($20.00) effective January 1, 2002, twenty-one dollars ($21.00) effective

January 1, 2003, twenty-two dollars ($22.00) effective January 1, 2004, twenty-three

dollars ($23.00) effective January 1, 2005, and twenty-four dollars ($24.00) effective

January 1, 2006. 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) on January 1, 2003, by an additional

one dollar ($1.00) effective January 1, 2004, by an additional one dollar ($1.00) effective

January 1, 2005, and by an additional one dollar ($1.00) no later than January 1, 2006.

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 and initiation fees

for apprentice members. If a reduced initiation fee is charged to an apprentice member,

the balance of the fee may be assessed at the time the apprentice acquires full

membership.

Section 4. The monthly dues are due on the first day of the month and unless paid on or

before the last day of the following month, the member shall be deemed suspended by the

International Union without notice. A member shall not be subject to suspension for an

employer's failure to remit that member's dues to the Union where the member has

executed a valid voluntary dues checkoff authorization card and where the employer has

deducted those dues from the member's wages.

Section 5. A member who has reached the age of sixty-two years and who desires to

retire and cease working at the calling, or who is receiving a pension from the Laborers'

pension fund shall be entitled to pay minimum dues of eight dollars ($8.00) per month

and thereby continue to maintain good-standing.

Section 6. The readmission fee for persons who are suspended for nonpayment of dues,

assessments or fines to the Local Union and who remain suspended for a period of less

than one year, shall be the amount of such assessments or fines, plus the current dues,

plus the greater of either (1) the amount of the dues during each month of the member's

suspension plus $25.00, or (2) eight percent (8%) of the initiation fee for each month

during which the member was suspended. In no case shall the readmission fee be greater

than the initiation fee.

Once the member has been suspended for defaulting in the payment of dues, as herein

provided, the date of suspension referred to in this Section shall be the first day after the

month for which the member's dues were last paid.

Section 7. Persons in arrears have no right to attend meetings nor any other rights except

the right to be readmitted in accordance with the above Section.

If a member becomes suspended by reason of that member's own conduct, such member

can only be readmitted within twelve months of such suspension and only through the

Local Union in which membership was held when suspended. Readmitted members shall

be considered new members from the date of their readmission.

Section 8. ASSESSMENTS:

When an assessment is proposed by the Executive Board or by action at a meeting of the

Local Union, where such Local Union is not affiliated with a District Council, a notice

shall be mailed to the members in good-standing, at least seven days prior to the next

regular meeting of the Local Union, advising them that the proposed assessment will be

considered and voted upon at the meeting of the Local Union, by secret ballot. When an

assessment has been voted, it shall not be levied until it is first submitted to and approved

by the General President.

Section 1. The sources of income to a Local Union shall be from dues, initiation fees,

readmission fees, assessments and income from other proper and lawful sources.

Section 2. The income shall be in amounts that are necessary to accomplish and take care

of the obligations and requirements of the Local Union and the purposes for which the

Local Union was established. The income shall be promptly deposited in such banks or

depositories as are determined by the Executive Board of the Local Union.

Section 3. (a) The Executive Board shall have the authority to make commitments and

disbursements in its discretion from the funds, assets and property of the Local Union for

the regular, recurrent and incidental expenses of the Local Union. The Executive Board

shall further have the authority to make commitments and disbursements in its discretion

from the funds, assets and property of the Local Union for organizing, strikes, collective

bargaining, contract administration, awards, gifts, donations, charitable contributions,

political purposes, education, public relations, employee benefit plans for Local Union

personnel and officers, legal expenses, and such other expenses and investments as it

deems necessary or proper to carry out the objects and purposes of the Union.

Travel expenses may also be provided for an Executive Board member's spouse who

accompanies the Executive Board member when the member travels in connection with

the performance of the member's duties and responsibilities;

(b) In accordance with the provisions of Article IV, Section 4 herein, the Secretary-

Treasurer shall make disbursements from the funds of the Local Union for the regular,

recurrent and incidental expenses of the Local Union, such as mortgage, leases, rent,

taxes, salaries and other compensation, travel, allowances, reimbursements for expenses,

utilities, telephone, maintenance, cleaning, repairs, supplies, office equipment,

obligations to the International Union, obligations to the District Council if so affiliated,

and obligations to the L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL

PENSION FUND, and to make such other payments as directed by the Executive Board.

Section 4. (a) The financial obligations of a Local Union shall be fixed and regulated

within the income of the Local Union;

(b) A Local Union shall make no disbursements that will preclude it or interfere with its

ability to first meet its financial obligations to the International Union and the L.I.U.N.A.

LOCAL UNION AND DISTRICT COUNCIL PENSION FUND;

(c) A Local Union shall not enter into contractual undertakings for the acquisition of

property or the retention of services if, at the time of such proposed undertaking, its

current income is insufficient to meet the expenses of such undertaking;

(d) The Local Union shall not make disbursement of salary or other compensation to

Local Union officers if the Local Union is delinquent in the payment of its per capita tax

to the International Union or in the payment of pension fund contributions to the

L.I.U.N.A. LOCAL UNION AND DISTRICT COUNCIL PENSION FUND unless the

Local Union has made arrangements acceptable to the General Secretary-Treasurer and to

the Fund for the repayment in a timely fashion of any such delinquency.

Section 5. When the income to the Local Union reduces to a point where such income

cannot properly take care of the financial obligations of the Local Union, including

salaries and compensation to officers, officials and personnel, the Local Union may vote

to take such action as is necessary, commensurate with the reduced income, including

reduction in salaries or compensation of officers, officials and personnel; when the

contemplated action is to reduce salaries or compensation of officers and elected

officials, such reduction shall be voted upon by the membership at a meeting of the Local

Union only after written notice is given to all of the members in good standing, of the

proposal and the meeting at which such proposal shall be voted upon, or the membership

approves such reduction at two consecutive meetings.

Section 6. When an increase in salary or compensation is proposed to be effective during

the term of office then current, the increase shall be voted upon by the membership at a

meeting of the Local Union only after written notice is given to all of the members in

good standing of the proposal and the meeting at which such proposal shall be voted

upon, or the membership approves such increase at two consecutive meetings; provided,

that the Executive Board may increase salaries or compensation to reflect the increase in

the cost-of- living, said increase 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; in Canada, the Consumer Price Index published by Statistics

Canada; provided further, that no such cost-of- living increase can be effected within one

year of any other increase in salary or compensation.

Section 7. No commitment or disbursement of the Local Union shall be considered void

or unenforceable where such action was undertaken in substantial compliance with the

provisions of this Article.

A member in good standing of a Local Union shall have the right to transfer membership

from that Local Union into another affiliated Local Union, in accordance with Article

XXI, Sections 1 through 10 of the International Union Constitution.

A death benefit will be paid as the result of the death of a member whose earliest date of

initiation is prior to January 1, 1997, and who was in good-standing at the time of death,

to those legally entitled thereto, in accordance with Article XXII, Sections 1, 2, and 3 of

the International Union Constitution.

Section 1. An officer or member in good-standing may prefer charges against any other

officer or member of the Local Union, by filing written charges in dup licate with the

Recording Secretary of the Local Union. These charges must be signed by the person

preferring the charges and indicate the provisions of the Constitution to be relied upon, or

the agreement or rule alleged to have been violated, and must set forth the specific

violation or wrong charged and the date on which it allegedly occurred. Except for good

cause, charges must be filed within ninety (90) calendar days of the time that the charging

party knew or reasonably should have known of the relevant facts and circumstances

giving rise to the charge(s); otherwise, charges filed beyond the ninety (90) calendar day

period shall be time barred.

Section 2. The Recording Secretary shall promptly notify the members of the Executive

Board that charges have been filed, and after a consultation with them, shall promptly set

a date for a hearing and trial on said charges. Immediately thereafter, a copy of the

charges shall be mailed to the last-known address of the accused. A written notice of the

time and place where the hearing and trial will take place before the Trial Board shall be

mailed to the accused and to the charging party not less than seven days nor more than

twenty-one days from the date of said hearing and trial.

See 2004 amendment on Trial Board charges

Section 3. The members of the Executive Board of the Local Union shall constitute the

Trial Board; except that neither the charging party nor the accused nor any member

directly interested or involved in the charges may sit as a member of the Trial Board.

In such cases, the President of the Local Union shall appoint a substitute or substitutes

from the members in good-standing. If the President is to be disqualified, then the Vice-

President shall appoint a substitute or substitutes; and if the Vice President is also to be

disqualified, then the substitute shall be appointed by the remaining Trial Board

members.

Where the entire Executive Board of a Local Union appears to be disqualified, the matter

may be referred to the General President who shall be entitled to investigate to determine

whether such disqualification exists. Upon a finding of disqualification, the General

President shall have discretion to assume original jurisdiction over such charges, in which

case the matter shall be referred to the Independent Hearing Officer to hear such charges

for decision and disposition; or, in the General President's discretion, the charges may be

referred to the appropriate District Council for trial.

Where the charging party or the accused makes a request for a delay, the Trial Board may

grant a postponement, for good cause shown.