ARTICLE 16
Initiation Fees and Dues
Section 1. (a) The initiation fee, no part of which shall be considered as a Local Union fine, shall not be less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for membership in a Local Union of the International Union. Five dollars ($5.00) of such an initiation fee shall be set aside in a new member orientation fund, to be expended with the approval of the Regional Director.
(b) A Local Union may increase its initiation fee, within the limitations set forth in paragraph (a) of this Section, in accordance with the procedures of Article 47, Section 1.
(c) Men and women returning from service in the Armed Forces of the United States shall be exempt from payment of an initiation fee upon presentation of military discharge papers to the Local Union Financial Secretary within one (1) year of the date of their discharge.
(d) One Dollar ($1.00) of each initiation fee be forwarded to the International Secretary-Treasurer.
Section 2. All dues are payable during the current month to the Financial Secretary of the Local Union. Minimum Union dues shall be a sum equivalent to two (2) hours straight time pay per month. For those members paid by the hour, day, week or month, the dues shall be based on the amount earned per straight time hour in the last payroll period worked before the dues are payable, including cost-of-living allowance and any other amounts normally considered as part of regular pay, but excluding shift premium. For those whose earnings vary, straight time earnings for the purpose of dues computation shall be based on the average earned per hour in the last month the member worked, including incentive earnings, cost-of-living allowance, clock hour add-ons and any other amounts normally considered as part of the regular pay, but excluding shift premium, overtime premium, Saturday, Sunday and holiday premiums.
Dues income shall be distributed so that the Local Union shall receive thirty-eight (38) percent, the International Union Strike Assistance Fund shall receive thirty (30) percent, the General Administrative Fund of the International Union shall receive thirty-two (32) percent.
Nothing in this Article shall prevent any Local Union or unit of an Amalgamated Local Union from establishing, in accordance with the provisions of Article 47, dues in a greater amount than provided for in this Article; and any Local Union or unit, which at the time when minimum monthly membership dues are increased pursuant to the provisions of this Article, has dues in a greater amount than the minimum monthly membership dues pre-existing, the change shall automatically increase its dues by the amount of the change without the necessity of any additional Local Union or unit membership action and such Local Union dues shall continue until the Local Union's or unit's membership, pursuant to the provisions of Article 47, changes the Local Union's or unit's dues structure.
All dues established by this Article shall be uniformly required of all its members by each Local Union or unit of an Amalgamated Local Union except as specific exoneration or special arrangement, may be granted pursuant to Section 11 of Article 13, or Section 28 of this Article.
Section 3. (a) Where required by the necessities of collective bargaining, a Local Union, or an Intra-Corporation Council and its affiliates, may, with International Executive Board authorization, double their monthly dues in each of not more than four (4) months preceding the terminal date of the old contract, or following the ratification of a new agreement.
(b) Each Local Union which is authorized to double its monthly dues shall be required to place half of such dues in trust for each month collected, until it has been determined by the International Executive Board whether such additional dues shall be applied to future dues, or refunded to each member.
Section 4. The International Union shall provide uniform monthly dues buttons, at not more than cost, of a different color for each month. It shall be mandatory for Local Unions using dues buttons to use only those buttons provided by the International Union, which shall be supplied by the International Secretary Treasurer to the Financial Secretaries of the Local Unions upon request. Local Unions covered by Union Shops or check-off agreements may, upon approval of the International Executive Board, use an annual membership button, membership card or other suitable identification of membership in lieu of monthly dues buttons.
Section 5. Upon acceptance of the application, membership shall date from the first day of the month for which dues are paid or dues check-off is authorized.
Section 6. The Local Union shall set aside five cents (.05) of each month's dues payment as a Citizenship and Legislative Fund to be used for the purpose of strengthening democracy by encouraging members, and citizens generally, to register and vote in community, state, and national elections and to carry on organizational and educational programs directed toward the achievement of an even higher understanding of citizenship responsibility and the need for active participation in the affairs of a free and democratic society. Local Unions are obligated to carry out such programs in conjunction with city, county, and state (CAP) councils. Three cents (.03) of each month's dues payment must be laid aside by the Local Union as a special fund to be used only for educational or recreation-leisure time activities as outlined in Article 27 of this Constitution, provided that two cents (.02) shall be apportioned to education and one cent (.01) apportioned to recreation-leisure time activities. One cent (.01) of each month's dues payment must be set aside by the Local Union as a Retired Members Fund to be used only to promote and support programs benefiting retired members. Local Unions are obligated to carry out this policy in conjunction with community groups, where community groups exist, for the purpose of promoting and supporting programs benefiting retired members and other retired workers.
Section 7. (a) Any member shall have the right to object to the expenditure of a portion of her/his dues money for activities or causes primarily political in nature. The approximate proportion of dues spent for such political purposes shall be determined by a committee of the International Executive Board, which shall be appointed by the President, subject to the approval of said Board. The member may perfect her/his objection by individually notifying the International Secretary-Treasurer of the objection by registered or certified mail; provided, however, that such objection shall be timely only during the first fourteen (14) days of Union membership and during the fourteen (14) days following each anniversary of Union membership. An objection may be continued from year-to-year by individual notifications given during each annual fourteen (14) day period.
(b) If an objecting member is dissatisfied with the approximate proportional allocation made by the committee of the International Executive Board or the disposition of her/his objection by the International Secretary-Treasurer, s/he may appeal directly to the full International Executive Board and the decision of the International Executive Board shall be appealable to the Public Review Board or the Convention Appeals Committee at the option of said member.
Section 8. Any member who has not paid her/his dues during the calendar month in which they are due shall automatically become delinquent except as otherwise provided in this Article. In order to regain good standing membership, s/he must fully reinstate her/himself in Accordance with Section 9 of this Article.
Section 9. The reinstatement fee established by a Local Union shall be not less than the regular initiation fee charged by the Local Union, plus the dues for each month of delinquency in dues up to either the date of automatic suspension or the date of reinstatement, as the Local Union in its discretion may determine, plus the current month's dues. Such reinstatement fee shall be uniformly applied to all delinquent members of the Local Union. Individuals suspended as a result of their failure to pay dues while employed in a workplace under the jurisdiction of another Local Union shall be dealt with in conformity with Article 17, Section 3.
Section 10. Local Unions may notify members of their delinquency. However, failure of the Local Union to notify the member of delinquency shall not exonerate such a member from automatic suspension except as provided in Section 26 of this Article.
Section 11. (a) Each Local Union from each member's dues must remit to the International Secretary-Treasurer a monthly per capita tax of thirty-two (32) percent plus thirty (30) percent to the International Union Strike Assistance Fund. Each Local Union shall retain thirty-eight (38) percent from each member's dues. One dollar ($1.00) of each reinstatement fee shall be forwarded to the International Secretary-Treasurer.
(b) Beginning with July 2006 per capita taxes, and continuing thereafter unless and until the provisions of Subsections (c) and (d) are triggered, the International Union will rebate to each Local Union from the International Strike Assistance Fund an additional amount determined in accordance with Subsection (b) (2). The International Union Operating Fund will receive an additional amount from the International Strike Assistance Fund for the same period as determined in accordance with Subsection (b) (2).
(1) For periods in which the rebate described in Subsection (b) is in effect, the International Union Strike Assistance Fund shall receive the lesser of (i) five (5) percent of each member's dues, or (ii) the amount expended in such month by the International Union Strike Assistance Fund for the purpose of paying Strike Assistance Benefits for striking members.
(2) The International Union shall rebate to Local Unions an amount that will result in all dues (other than the portion allocated to the International Strike Assistance Fund in accordance with Subsection (b)(1)) being allocated fifty-three (53) percent to Local Unions and forty-seven (47) percent to the International.
(c) The rebate in Subsection (b) above will remain in effect, providing the International Strike Assistance Fund net worth is in excess of $550 million.
(d) Any time the International Strike Assistance Fund's net worth falls below $500 million, the rebate in Subsection (b) will stop until the International Strike Assistance Fund net worth reaches $550 million. Once the International Strike Assistance Fund is in excess of $550 million, the rebate in Subsection (b) will again resume.
(e) Local Unions must be in compliance with Article 16, Sections 16 and 24 of the International Constitution to receive rebates.
(f) No later than June 30, 2002, $75 million shall be transferred from the net resources of the Strike Assistance Fund to a newly established Emergency Operations Fund. The assets of the Emergency Operations Fund, including accrued interest and earnings on investments, shall be available to finance operations of the International Union in the event Operating Fund resources are insufficient to sustain operations due to the effects of a protracted or expensive strike, a series of strikes, or other events posing a serious threat to the economic viability of the International Union.
Section 12. When a member has been suspended for non-payment of dues and the Financial Secretary or other officers of the Local Union accept such payment thereafter, acceptance of her/his dues shall not operate to exonerate or reinstate the member or to waive the provisions of the Constitution relative to forfeiture and reinstatement of members.
Section 13. The provisions of Section 8 of this Article shall not apply to a member who has entered the military service of the United Nations who shall be entitled to an honorable military service membership and whose membership in continuous good standing in the Local Union shall not be broken by such service, provided s/he reports to the Local Union at the time of entering such service or thereafter furnishes the necessary proof of military service. S/He shall become subject to the provisions of this Section at the end of such military service.
Section 14. The International Union shall set aside all sums remitted by Local Unions as Union Strike Assistance Fund dues and the funds resulting shall be a special fund to be known as the International Strike Assistance Fund, to be drawn upon exclusively for the purposes of (1) aiding Local Unions engaged in authorized strikes and in cases of lock-outs, and (2) assisting by donations or loans other International Unions and non-affiliated Local Unions similarly engaged, and (3) meeting financial obligations or expenditures which this International Union or its affiliated Local Unions incur as a result of authorized strikes or in cases of lockouts, and then only by two-thirds (2/3) vote of the International Executive Board. An amount, not in excess of seventy-five (75) percent of the interest and earnings on investments received by the International Strike Assistance Fund, may be set aside as the Organization, Education and Communication Fund to be expended as authorized by the International Executive Board for such purposes. Beginning on July 1, 2006 and continuing thereafter, unless otherwise directed by the International Executive Board, the remaining twenty-five (25) percent of the interest and earnings on investments received by the International Strike Assistance Fund shall be allocated to the General Fund, the Organization, Education and Communication Fund or to such other purpose as the International Executive Board shall determine to be in the best interests of the UAW. On June 20, 2006, the International Executive Board shall make a one-time transfer of fifty million dollars ($50 million) from the International Strike Assistance Fund to the General Fund of the International Union.
The International Executive Board shall have the authority to make additional, limited withdrawals from the International Union Strike Assistance Fund, provided that (a) such additional withdrawals shall not exceed sixty million dollars ($60 million) between any two consecutive Constitutional Conventions, and (b) such withdrawals shall be permitted only to support specific purposes or projects such as major organizing drives or other initiatives intended to increase UAW membership, strengthen the UAW's ability to bargain effectively and/or promote the interests of the membership and working people generally.
From the remainder of each member's monthly per capita tax, the International Union shall set aside:
1. Five cents (.05) which shall be expended only for communication programs as described in Article 29, Section 1.
2. One cent (.01) to the Civil and Human Rights Fund to be expended only for the support and promotion of the programs and activities of the International Union in support of fair employment practices and in opposition to all discriminatory practices in employment.
3. Three cents (.03) as the International Union Education Fund to be expended only for the programs and activities of the International Union Education Department.
4. One cent (.01) as the International Union Recreation Fund which fund shall be apportioned to each region on a per capita basis.
5. Five cents (.05) as the Special Citizenship Fund to be used for the purpose of strengthening democracy by encouraging members and citizens generally to register and vote in community, state and national elections and to carry on organizational and educational programs directed toward the achievement of an ever higher understanding of citizenship responsibility and the need for active participation in the affairs of a free and democratic society.
6. One cent (.01) for the International Union Retired Workers Fund, which one cent (.01) shall be used only to promote and support programs benefiting retired members including such programs of the International Union relating to retired members as may be adopted from time to time, and to finance the operation of the International Union Retired Workers Department.
Section 15. At least once each month the International Secretary-Treasurer shall advise all Local Unions of the exact Strike Fund balance.
Section 16. All per capita taxes and all other monies collected for the International Union shall be transmitted to the International Secretary-Treasurer by the twentieth of each month following collection. All such per capita taxes and other monies are strictly the property of the International Union and in no case shall any part thereof be used by Local Unions, except upon permission of the International Executive Board.
Section 17. The International Secretary-Treasurer will issue the official receipt of the Office of Secretary-Treasurer for all monies collected.
Section 18. Any member who has not worked forty (40) hours by reason of not having been scheduled to work forty (40) hours, or received benefits in lieu of work equivalent to forty (40) hours' pay within any calendar month, shall be entitled to exemption of payment of regular monthly dues.
Benefits in lieu of work shall include the following: Supplemental Unemployment Benefits (or any equivalent type layoff benefit), vacation pay, holiday pay, jury duty pay, bereavement pay, and paid absence allowance, but shall not include the following: pension benefits, sick and accident benefits, and Workers' Compensation. Effective January 1, 1982, if a member receives Supplemental Unemployment Benefits (or any equivalent type layoff benefit) equal to or greater than fifty (50) percent of her/his gross pay for a forty (40) hour week, less statutory deductions, within any calendar month, then the member's dues shall be one (1) hour straight time pay per month.
A member who has been laid off, is on leave of absence, or is discharged from regular employment who is covered by check-off provisions under which management notifies the Local Union of members who are on leave of absence, laid off, rehired, or discharged, shall automatically be considered as entitled to "out-of-work" credits, unless s/he has received benefits in lieu of work equivalent to forty (40) hours' pay as provided in the second paragraph of this Section. Any member in order to be entitled to "out-of-work" credits shall report her/his layoff, leave of absence, or discharge, in person or otherwise, to the Financial Secretary of her/his Local Union within one month of the date such action became effective. Any discharged member or any member who is covered by check-off as set forth above shall report immediately to the Financial Secretary of her/his Local Union any other employment s/he may obtain during the period of the layoff, leave of absence, or discharge. Any member not covered by check-off shall report to the Financial Secretary of her/his Local Union the termination of the layoff, leave of absence, discharge, or any other employment s/he may obtain during the period of the layoff, leave of absence, or discharge.
Any member who is entitled to "out-of-work" credits pursuant to this Section and Section 2 of Article 17 shall be exempted from dues payment for the period of her/his entitlement.
Section 19. Any member who is entitled to "out-of- work" credits under Section 18 of this Article and who does not secure an honorable withdrawal transfer card, shall be presumed to continue to be entitled to "out-of- work" credits and thus remains in continuous good standing without the necessity of paying dues for the first six (6) months of such layoff or leave unless the member has had employment during this period which would necessitate her/his paying dues under the first paragraph of Section 18 of this Article or taking an honorable withdrawal transfer card under Article 17, Section 2. Unless any such member shall, during the last ten (10) days of such six (6) month period, certify in writing to the Local Union Financial Secretary, in person or by registered or certified letter, that s/he continues to be eligible for good standing membership without payment of dues pursuant to Section 18 of this Article and Article 17, Section 2, the member shall automatically be noted on the Local Union's records as having been issued an honorable withdrawal transfer card at the conclusion of said six (6) month period. If a member does certify as provided herein during the last ten (10) days of the six (6) month period, s/he shall continue to be eligible for "out-of-work" credits for each additional month if during the last ten (10) days of such month s/he similarly certifies. Such a member shall automatically be noted on the Local Union's records as having been issued an honorable withdrawal transfer card on the first day of such a month in which the member fails to certify as provided herein.
Section 20. Any member becoming out of work because of illness or injury shall be exempt from the above section. Such member shall be automatically exonerated from the payment of dues and shall be issued "out-of-work" credits provided good and sufficient proof is submitted to substantiate illness or injury. The above shall not apply to those employees who receive salaries equivalent to forty (40) hours' pay within any calendar month.
Section 21. Any member who has paid dues by check-off for any month for which the member is exempted from payment of dues under Sections 18, 19 or 20 of this Article shall be entitled to a refund of such dues if s/he claims the same in person or in writing from the Financial Secretary of the Local Union within two (2) months following the month for which the refund is due. Any member who has paid dues in advance other than by check-off for any month for which the member is exempted from payment of dues under Sections 18, 19 or 20 of this Article shall, when s/he returns to work, be given credit on future dues for any such month.
Section 22. The Local Union shall use a receipt book or receipting register and form of official receipt furnished by the International Union. All receipts shall be made out in duplicate, the original to be given to the member, the duplicate to be retained by the Local Union and made available to the International Union upon request. The International Secretary-Treasurer may order the destruction of the duplicate receipts when they are no longer necessary.
Section 23. Local Unions covered by check-off agreements or having a check-off arrangement will be exempt from the provisions of the preceding Section, providing the company clearly shows on the check stub or pay envelope of each Union employee the amount of the deduction and the reason therefore.
Section 24. A Local Union failing to pay full per capita tax due the International Union within a two (2) month period, shall stand automatically suspended until the Local Union has been reinstated through payment of deficiency incurred, unless exonerated from payment of same as provided for in this Constitution.
Section 25. A Local Union failing to pay all of its financial obligations due the International Union shall not be entitled to a voice or vote at the International Convention.
Section 26. The failure of a company to check off and pay to a Local Union the dues of a member as required by a contract will not make the member delinquent if the member has signed a Dues Check-Off Authorization Card. Where a member has signed a Dues Check-Off Authorization Card authorizing the deduction of dues for a given month, the member shall be considered as having paid dues for that month even though the company fails to deduct the same. Upon the failure of the company to deduct dues, the Financial Secretary of the Local Union must notify the member to pay her/his dues. The member shall have thirty (30) days in which to pay her/his dues after being notified. Failure on the part of the Financial Secretary to so notify a member of her/his pending delinquency will not affect the member's standing and s/he shall be considered in good standing in the Local Union.
Section 27. The International Executive Board shall be empowered, at its discretion, to arrange loans from Local Unions and other sources to supplement the Strike Fund where conditions dictate and in this connection, may use any or all of the International Union's real or personal property to secure any such loan or loans. At least once each month the International Secretary-Treasurer shall advise all Local Unions of the exact Strike Fund balance. The International Executive Board shall establish a program for strike relief which shall provide aid and assistance to members actively participating in an authorized strike or involved in a lockout and, as between such members, shall primarily base such aid and assistance upon the right of each member to participate in accordance with the member's family obligations.
Section 28. The International Executive Board on request of a Local Union or unit of an Amalgamated Local Union, shall have the power to make special arrangements with respect to the dues schedules established in this Article, where unusual circumstances justify such arrangements.
Section 29. Notwithstanding any other provision of this Constitution, the International Union and each Local Union shall each hold title to its respective share of the dues income and initiation fees immediately upon receipt of those monies by the Financial Secretary of the Local Union.