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UAW Constitution - Conventions

 ARTICLE 8

Conventions

Section 1. The 36th Constitutional Convention shall be held during the month of May, 2014, provided that the date of holding such Convention may be advanced or delayed two (2) months upon a resolution to that effect adopted by the International Executive Board.

Section 2. The business of the International Convention shall proceed in the following order unless otherwise ordered by the Convention:

  1. Call to Order.
  2. Report on Credentials.
  3. Reading of Convention Rules.
  4. Appointing Committees.
  5. Communications and Bills.
  6. Resolutions, etc.
  7. Reports of Committees.
  8. Report of Officers and International Executive Board.

9. Nomination and Election of Officers and International Trustee.

10. Unfinished Business.

11. New Business.

12. Adjournment.

Section 3. Twenty-five (25) percent of all of the delegates seated at any International Convention shall constitute a quorum. No business shall come before or be considered by the Convention at any session unless a quorum is present. In the event the Chairperson of the Convention is unable to obtain a quorum on the last day of the Convention, all unfinished business of the Convention shall be referred to the International Executive Board.

Section 4. Special Conventions of the International Union shall be called by the International President:

  1. When so instructed by a two-thirds (2/3) vote of the International Executive Board or in the event of the failure of the International President to do so, by such other Board Members as the Board may designate;
  2. by a referendum vote of the membership initiated upon the written request of at least fifteen (15) Local Unions from five (5) different states or provinces having an aggregate membership of not less than twenty (20) percent of the total membership as reported to the preceding Convention. The Local Unions demanding a Special Convention must state the reason or reasons why such Convention is desired, the place and date for the Convention and the dates for mailing out and returning the ballots. It shall be the duty of the International President, or the person designated by the International Executive Board, to send out the Call, to state such reason or reasons and the place and dates involved in transmitting the proposal to Local Unions for a referendum vote. The reasons for and against such Convention shall be published and forwarded to all Local Unions. Such Convention shall not have authority to consider any matter other than that which is specifically stated in the Call to the Convention. It shall be mandatory that all Local Unions hold a secret vote on the question of calling a Special Convention. All Local Unions shall vote their decision on the question involved, through Local Union procedure, by secret ballot. Local Union election boards shall tabulate the ballots and send the Local Union's vote to the International Secretary-Treasurer, who, within thirty (30) days after the setting of a deadline of a return date, shall publish the "yes" and "no" vote of each Local Union in the "official publication." If a majority of all the members voting in all Local Unions is in favor of a Special Convention, a Special Convention shall be mandatory. When the International Executive Board has directed the calling of a Special Convention pursuant to the provisions of (1) the first sentence of this Section, the delegates from each Local Union who had been elected to the preceding regular Constitutional Convention shall serve as delegates to the Special Convention. Each Local Union shall carry the same total vote as it carried at such previous regular Constitutional Convention. If the purpose, or one of the purposes, of a Special Convention is collective bargaining policies, the President (and Bargaining/Negotiating Committee Chairperson, if it is a different individual), if not delegates under this provision may, by Local Union membership action, be made special delegates at such Special Convention with the right to be present on the Convention floor with voice but without any vote. Under the same circumstances in units of Amalgamated Local Unions, with membership in excess of one thousand (1,000), the Unit Chairperson may, by unit membership action, be made such a special delegate. If there are vacancies in the voting delegation, they shall be filled in the following manner
    (a) By alternates where the same were elected to the preceding regular Constitutional Convention;
    (b) If the number of delegates is insufficient after applying (a), by reapportioning the votes of the Local Union among the remaining delegates to the extent permitted by Section 7 of this Article;
    (c) If the number of delegates is insufficient after applying (a) and (b) and the purpose or one of the purposes, of the Special Convention is collective bargaining policies, by including any special delegates which the Local Union or unit membership may have provided for in accordance with this paragraph, with the President of the Local Union to precede the Bargaining/Negotiating Committee Chairperson;
    (d) If the number of delegates is insufficient after applying (a), (b) and (c), by electing additional delegates, these additional delegates to be nominated and elected by secret ballot at successive membership meetings; the required notices for such nomination and election being those set forth in Sections 22, 23 and 24 of this Article.

This foregoing procedure shall be disregarded in the event of any Special Convention directed to be called by referendum vote pursuant to (2) of the first sentence of this Section, in which event the vote of each Local Union and the election of delegates from each Local Union shall be the same as provided for in this Article for regular Constitutional Conventions; except that in applying Section 9 of this Article to determine the average monthly per capita taxes paid by a Local Union, a twenty-four (24) month period concluding with the sixth (6th) month prior to the month in which the Special Convention is to convene shall be used.

Section 5. Each Local Union shall have one (1) delegate for two hundred (200) members or less and one (1) additional delegate for the next three hundred (300) members or major fraction thereof, and one (1) additional delegate for each additional eight hundred (800) members or major fraction thereof, except Amalgamated Local Unions which elect as many delegates as they have units who average two hundred (200) dues-paying members or more, and that those units who have two hundred (200) members or more may elect their own delegates to the Convention and those with less than two hundred (200) shall be grouped together and vote as a miscellaneous group. In the event the miscellaneous group within an Amalgamated Local Union has less than two hundred (200), the International Secretary-Treasurer shall allocate such membership to some other unit of the Local Union in such a manner as will result in the maximum number of delegates.

Section 6. Each unit of an Amalgamated Local Union shall be allotted its share of the number of delegates in proportion to the amount of per capita tax paid by the unit through the Amalgamated Local Union. Any fractions remaining from the units following such allocations shall be allotted to the Local Union's Joint Council, where such body exists. Delegates representing the total of all fractions shall be elected on the basis of one (1) for each eight hundred (800) or major fraction thereof. Any member of the Local Union who has qualified may be nominated and elected by the Joint Council, provided s/he has not accepted nomination in her/his unit. In order to be eligible for nomination as a delegate representing a unit of an Amalgamated Local Union, s/he must be a member of such unit.

Section 7. Each Local Union shall have one (1) vote for the first one hundred (100) members or less and one (1) additional vote for each additional one hundred (100) members or major fraction thereof, but no delegate shall have more than eight (8) votes. The votes shall be equally apportioned among the elected delegates of each Local Union, except that an Amalgamated Local Union may apportion its votes in such manner as the Local Union decides with no delegate having more than eight (8) votes. The total number of votes of the units of an Amalgamated Local Union shall not exceed the total votes which the Local Union is entitled to under Section 9 of this Article of the Constitution.

Section 8. Local Unions may elect alternate delegates if they so desire. The number of alternates may be less but not more than the number of regular delegates. Local Unions shall determine the manner and order in which an alternate will replace a regular delegate and shall so advise the Credentials Committee. Regular delegates may be replaced only if recalled by their Local Union in the manner they were elected or if unable to serve.

Section 9. The number of members in each Local Union, for the purpose of this Article, shall be determined by the average number of monthly per capita taxes paid by the Local Union to the International Union for the period from and including the sixth month preceding that in which the last quadrennial Convention was held to not less than six (6) months nor more than seven (7) months prior to the next Convention for which representation is to be determined. Per capita from Local Unions shall be accepted in the regular manner.

Local Unions or units of Amalgamated Local Unions which have engaged in authorized strikes or in lockouts shall have their representation to the International Convention determined by having subtracted from the base period the months of such authorized strikes or lockouts in which the membership of the Local Union or unit of an Amalgamated Local Union did not work in the workplace forty (40) or more hours.

Section 10. Not less than ninety (90) days previous to the convening of the Regular Convention, the International Secretary-Treasurer shall issue the Call to the Convention and shall furnish all Local Unions with credentials and alternate credential forms in contrasting colors, in duplicate, which must be attested as required on the forms. The original of each credential and alternate credential shall be retained by the delegate or alternate delegate and the duplicate copies shall be forwarded to the International Secretary-Treasurer. No credentials shall be accepted later than twenty-one (21) days prior to the date for the convening of the Convention. In convening Special Conventions, not less than thirty (30) days shall be required to issue the Call.

Section 11. No member is eligible to serve as a delegate from her/his Local Union unless s/he has been in continuous good standing in this International Union for twelve (12) months immediately preceding the first day of the month in which the Convention is held and shall also have been a member of the Local Union electing her/him for three (3) months immediately preceding the first day of the month in which the Convention is held. For the purpose of this Section of the Constitution, members must pay their dues or secure out-of-work receipts in accordance with the provisions of this Constitution.

Section 12. Local Unions in order to be entitled to representation at the Convention shall have been affiliated with the International Union for at least three (3) months prior to the holding of the Convention. New Local Unions shall have paid at least two (2) months' full per capita tax prior to the month in which the Convention is to be held. If such newly chartered Local Union has been in existence since the preceding Convention, it shall be entitled to its full quota of delegates based upon the average number of months per capita tax paid to the International Union during the period of time since the preceding Convention. With respect to newly chartered Local Unions who received their charter subsequent to the last Convention, representation shall likewise be based upon the per capita tax paid to the International Union, averaged over the period of time from the preceding Convention. In the case of an Amalgamated Local Union where a workplace has been organized for over a year and secures a separate charter, it shall not be considered a new Local Union. Members representing Local Unions or unit organizations within Amalgamated Local Union which have not been in existence for twelve (12) months prior to the Convention, shall be exempt from the provisions of Section 11 of this Article, provided they become members of their Local Union or unit organization not later than thirty (30) days after the issuance of or acceptance under the charter thereof.

Section 13. Each member of the International Retired Workers Advisory Council shall automatically be a delegate to the UAW Constitutional Convention with voice and one (1) vote, as provided in Article 55, Section 4(f) of this constitution.

Section 14. International Officers and International Representatives of the International Union shall have a voice but no vote in the Convention of the International Union unless they are duly accredited delegates from Local Unions. Any member who is eligible may be elected to office whether or not she/he is a delegate to the International Convention.

Section 15. Copies of all resolutions and constitutional amendments to be considered by the Convention must be approved by the Local Union membership and sent to the International Secretary-Treasurer not later than six (6) weeks prior to the date set for the Convention. These will then be sorted and distributed by the International Secretary-Treasurer among the chairpersons of the various and proper committees. Protests of delegate elections must be received by the International Secretary-Treasurer by whichever of the following dates occurs first: (1) Not more than seven (7) days after the Local Union delegate election or (2) not less than twenty-one (21) days prior to the convening of the Convention. These protests shall be referred to the Credentials Committee and the Credentials Committee may waive failure to comply with the foregoing time limitation where the interests of justice would require.

Section 16. The International Executive Board shall select from the credentials of the delegates presented, a Constitution Committee, which shall assemble at least two (2) weeks prior to the meeting of the Convention at the place designated. It shall be the duty of said Committee to take up all recommendations concerning changes or additions to the Constitution submitted by the International Officers, International Executive Board and Local Unions to act thereon. This Committee shall have authority to originate amendments to the Constitution.

Section 17.

(a) The International Executive Board shall select from the credentials of delegates a Credentials Committee, which shall assemble at least ten (10) days prior to the meeting of the Convention. The Committee shall examine all credentials received at the International Office and investigate the standing of the delegates and the Local Unions they represent; they shall receive the original credentials of the delegates elected to attend the Convention, and be in a position to report at the opening of the Convention.

(b) All election protests regarding the election of any delegate to the Convention must be filed with the Credentials Committee not more than seven (7) days after the Local Union delegate election or not less than twenty-one (21) days prior to the convening of the Convention, whichever occurs first, absent a waiver of those limits by the Credentials Committee. The protest must be filed by a member of the Local in question, or may be raised by any member of the Credentials Committee itself. The protest may raise any subject related to the election of the Local's delegates, including the conduct of the campaign, or use of union or employer assets.

(c) All other election protests of elections held under Article 10 (International Officers and Regional Director), even though not touching the election of an identifiable delegate(s), must also be filed with the Credentials Committee, which has exclusive jurisdiction. Thus, any protest of the conduct of the campaign for these offices, or the alleged use of union or employer funds in the campaign, or of any other matter said to affect the election, must be filed with the Credentials Committee. Any such protest must be made in writing, as soon as possible, even though the Credentials Committee is already in session. Such a protest may be made by any UAW member, or the issue may be raised directly by any member of the Credentials Committee itself.

(d) If, prior to the holding of an election of delegates, a clear violation of the International Constitution or the Local Union's Bylaws occurs in the pre-election procedures, the International President shall have the authority to order a correction of the violation prior to the holding of the election. Such action by the International President is subject to appeal to the Credentials Committee.

(e) While the Credentials Committee sits, it has full authority to receive such election protests, evaluate them, and report its findings and recommendation to the full Convention. The Convention itself is the final authority, and so makes the final disposition of all election protests, whether presented by the Credentials Committee, or directly entertained, by permission of delegates under the Convention Rules, on the floor.

(f) If the Credentials Committee should decide that an election in any Local Union has been improperly conducted and that delegates elected in such election should not be seated, the Credentials Committee may, jointly with the International President when s/he is satisfied that the necessary Constitutional interpretations have been reasonably applied, order the delegate election to be rerun in such Local Union prior to the opening of the Convention. This rerun of the initial election shall be supervised by a Sub-Committee of the Credentials Committee. All notices and other time limitations provided for in this Constitution shall be automatically waived for any such rerun election, provided that every effort shall be made to give the maximum notices permitted by the circumstances.

(g) If the Convention approves the Credentials Committee's report and recommendation on the initial election, the delegates elected in the rerun shall be seated if confirmed by the Credentials Committee and Convention. If the Convention should reverse the Credentials Committee and approve the initial election, the delegates elected in such initial election shall be seated and the International Union shall reimburse the Local Union for the cost of rerunning the election.

Section 18. The International Executive Board shall select from the credentials of delegates to each International Convention a Resolutions Committee of not less than seven (7) members, which shall assemble at least ten (10) days prior to the convening of the Convention. It shall be the duty of the said Committee to consider such resolutions as may be properly referred to it under this Constitution. This Committee shall have authority to originate resolutions to be presented at the Convention.

Section 19. The International Executive Board shall select from the credentials of delegates to each International Convention, the several other committees necessary to successfully promote and execute the efficient operation of the Convention. Such committees shall convene not later than two (2) days prior to the opening of the Convention.

Section 20. All Convention Committees shall have an odd number of, and not more than thirteen (13) members.

Section 21. Following the issuance of the Convention Call by the International Secretary-Treasurer, each Local Union shall issue a Call for the nomination of its delegates to the Convention. In the absence of a democratically elected standing Election Committee (Article 38, Section 10), an Election Committee shall be nominated and elected by the Local Union at a regular or a specially called meeting for that purpose of which at least seven (7) days' notice shall be given. The Election Committee shall handle all the details insofar as they relate to the procedure of the election, and adopt such safeguards as are necessary to insure a fair election.

Section 22. The nomination of delegates to the Convention may occur at the meeting at which the Election Committee is elected or at a later date, but in either case at least seven (7) days' notice shall be given. After the deadline on accepting nominations has expired, no election of so-called "sticker" or "write-in" candidates shall be considered legal. A list of nominees shall be available to the membership. Candidates shall not serve on the Election Committee or as challengers or observers.

Section 23. Delegates to the International Convention shall be elected by secret ballot of the Local Union of which they are members and in no case shall be appointed.

Elections for Convention Delegates must take place no later than thirty (30) days prior to the convening of the Convention.

Section 24. At least seven (7) days shall elapse between the time of nomination of delegates and the date the election shall take place. All members shall be duly notified, at least fifteen (15) days in advance, of the time and place of said election and the hours the polls will be open. Polling places must be open a sufficient number of hours on one (1) or more days to allow all members of the Local Union an opportunity to cast their ballots. Each member shall personally cast her/his vote at the polls.

Section 25. Local Union action to instruct a delegate does not serve to commit or bind the delegate on any issue s/he may vote on at the Convention.