How to Find the Proper Interpretation
This revised issue of the Constitution with Interpretations contains all of the additional basic constitutional interpretations adopted by the International Executive Board since the publication of the previous edition of the Constitution with Interpretations; and the interpretations that became obsolete due to amendments adopted by the most recent Constitutional Convention have been deleted.
Any new problems that arise which necessitate a constitutional interpretation will be acted upon in the usual manner.
You will notice that there is no separate index to the interpretations, as such. Instead, an Article and Section notation appears at the upper outside corner of each page of the interpretations to facilitate references.
In using this edition of the Constitution with Interpretations, the following procedure would be the most helpful:
1. Find the subject of your question by consulting the appropriate heading or headings in the index to the Constitution. This will give you the Article(s) or Section(s) which may contain the answer to your question. It will also give you the page of the Constitution where that Article or Section appears. It may be that your question is expressly covered by the language of the Constitution and you need look no further.
2. In virtually every instance, the language of the Article or Section will at least touch upon the answer you seek, but it may not be the specific answer to your problem. In that case, you turn to the interpretations listed under those Articles and Sections and read there the interpretations of the International Executive Board as they relate to your question. Where appropriate, cross-references to other Articles, Sections and interpretations are given at the end of the particular interpretation.
INTERPRETATIONS of the CONSTITUTION of the INTERNATIONAL UNION United Automobile, Aerospace and Agricultural Implement Workers of America, UAW
ARTICLE 6 Membership
(1) Honorary Membership
The Constitution makes no provision for honorary membership. However, Local Unions can vote such memberships to persons who have rendered exceptional service either to the trade union movement generally or to that particular Local Union, provided that the persons granted such honorary memberships are not already members of the UAW by holding membership in some other UAW Local Union.
Any cards or letters which are issued to commemorate the issuance of the honorary membership card shall be for a stated term and that term shall not exceed two years and such honorary membership can then be renewed by specific action; otherwise it expires.
Before such honorary membership becomes effective and it is presented to the individual so honored, it must be approved by the Local Union membership and the International Executive Board. (3/9/54, Page 14.)
(1) Refund of Checked-Off Initiation Fee and Dues
An employee who has joined a Local Union by having paid or having had deducted her/his initiation fee and dues within thirty (30) days of her/his employment and is subsequently terminated, laid off or quits within that period, would be entitled upon request made within sixty (60) days to a refund of all monies paid for initiation fee and dues following termination of such employment. Where such member does not request a refund of her/his dues and initiation fee, s/he may upon proper request be issued an honorable withdrawal card. (Detroit 1/15/73.)
(1) Voting Rights of Retired Members in Local Unions
A retired member has a constitutional right to participate in any and all elections conducted on a local-wide basis except elections of the type specifically exempted under this Section. Under this Section a retired member would not, however, be eligible to vote for a Steward or Committeeperson even though that Steward or Committee person might, by virtue of her/his election, also hold office as a member of a Local Union policy making group such as the Executive Board. (Detroit, 1/21/60, Page 172.)
(2) Voting Rights of Retired Members in Units of Amalgamated Local Unions
Retired members are eligible to vote for officers of units as such. If a unit has a substantial complement of officers set up by its bylaws, and these officers generally correspond to the Executive Officers of a Local Union as set forth in Article 38, Section 1, the retired member would be eligible to vote for such officers even though these officers also constitute the Local Union Bargaining/Negotiating Committee. In units where the bylaws do not provide for a substantial complement of officers, the retired member would not be entitled to vote for such unit Chair and Secretary since the primary function of these individuals is to serve as officials of the Bargaining/Negotiating Committee and they are only incidentally charged with the responsibilities of unit officers. (Detroit, 1/21/60)
(3) Eligibility of Retired Members to Run for Local Union Offices
Retired members are ineligible to run for any local union position which carries responsibility for grievances or bargaining required by the Collective Bargaining Agreement(s) and/or local union bylaws. (Las Vegas, 6/1/02).
(1) Material Benefits to which Non-Members are Entitled under Agency Shop Provisions
The "material benefits" of non-members under an agency shop agreement are such benefits as being eligible to receive Solidarity, strike assistance, and any other such direct service benefits received by members of the Union. Such non-members shall not be allowed attendance at Union meetings, the right to hold or run for any Union office (elected or appointed), or any voting rights within the Union unless and until they have become members of the Union in accordance with the provisions of this Constitution. (Detroit, 6/18/62)
ARTICLE 8 Conventions
(1) Delegates to Conventions Other Than UAW
Delegates to other conventions and similar bodies with which UAW Locals are affiliated may be elected or appointed in any manner provided by the bylaws of the Local Union, provided they have been approved by the International Executive Board, or standing resolutions of the Local Union to the extent any such method is consistent with the Constitution or the official call of the delegate body to which the delegates are being sent. (Detroit, 1/21/60.) (Amended 9/12/68)
(2) When Amalgamated is Not Compelled to Pay for Unit Delegates
Where an Amalgamated Local Union has voted not to send any delegates to the Convention and a unit of the Amalgamated makes a decision to send a delegate or delegates from that unit, the Local Union would not be compelled to pay the expenses of such delegates attending the Convention. (Detroit, 6/10/49, Pages 711-712.)
(3) Procedure in Amalgamated Local Union When Electing Delegates on Local-Wide Basis
In the event the Local Union membership or Joint Council of an Amalgamated Local Union desires to elect its Convention delegates on a local-wide basis, it may do so; provided however, that any unit of such an Amalgamated Local Union entitled to one or more delegates, by official action of their unit membership, can object to such a procedure. If such objection is raised, the Local Union must be notified within a period of two weeks following the Local Union's decision. Those units who may be grouped together for the purposes of Convention representation, as provided for in Article 8, Section 5, can only raise a legitimate protest after the majority of those units so grouped take similar action. Any unit or group of units referred to above who protest in the manner outlined may elect delegates representing their unit or group on the basis provided for in Article 8, Section 5. (Detroit, 5/11/51, Page 367.)
(1) Alternates in Amalgamated Local Unions
In an Amalgamated Local Union, alternate delegates can only serve as alternates for the units from which they are elected. (Detroit, 4/28/49, Pages 167-168.)
(1) Eligibility for Convention Delegate
Local Unions may place no restrictions, other than those provided by this Constitution, upon the eligibility of candidates for Convention delegate. A bylaw which provides that a member must attend one out of every three Local Union meetings to be eligible to run for Convention delegate is invalid. (Milwaukee, 7/31/44, Page 49.)
(2) Eligibility of Convention Delegate-Trial of Member
The member in question may be denied the right to run for delegate to the Convention by Trial Committee provided it was the intent of the Local at the time it took such action. (Buffalo, N.Y., 9/8/47, Pages 72-76.)
(1) Plurality Vote for Election of Delegates
The Constitution allows the election of delegates by a simple plurality and a Local Union cannot add to the provisions of the Constitution by requiring a majority vote for election as a Convention delegate. (Detroit, 5/9/51, Pages 260-261.)
ARTICLE 14 International Representatives
(1) Resignation Must Precede Acceptance of Nomination
An International Representative may be nominated for Local Union office while still on the payroll of the International Union; but prior to accepting such nomination s/he must resign her/his position with the International Union. (New York City, 3/5/45, Pages 45-46.)
(2) Delegates to Joint Councils
This Section is not applicable to full-time or part-time International Representatives running for election as delegates to Joint Councils or General Councils of a Local Union. But such persons, if elected to such Councils, will not be eligible to hold office in such Councils except in conformity with this Section. (Philadelphia, 10/22/43, Page 67.)
(3) Delegates to Other Councils
This Section does not bar International Representatives from seeking and holding office in Intra-Corporation Councils or other similar councils. (Philadelphia, 10/27/43, Page 67.) See also Articles 20, 21, 22, and 34.
(4) Members of Local Union Committees
International Representatives can serve on Local Union appointed or elected committees but with the understanding it does not conflict with their particular assignment for the International Union. (Chicago, 6/10/47, Pages 33-34.)
ARTICLE 16 Initiation Fees and Dues
(1) Initiation Fees in Amalgamated Local Unions
A unit of an Amalgamated Local Union cannot establish its own initiation fee for the unit unless that right is specifically granted it by the Local Union. (Detroit, 1/10/49, Pages 53-54.)
(2) Former Members Failing to Take Military Withdrawal Certificates
Any applicant for union membership or reinstatement is entitled to exemption from payment of initiation or reinstatement fee upon presentation of her/his service discharge papers. (Los Angeles, 2/7/44, Pages 27-28.)
(3) Failure to Obtain Military Service Card
Any member in good standing who leaves for the Armed Forces but fails to obtain a Military Service Card, is, upon presentation of the proper discharge papers, entitled to all of the rights and privileges afforded under the Military Service Act. (Minneapolis, 5/1/44, Pages 88-89.) See also Article 16, Section 13.
(4) Initiation Fee Collected in Error
Where the Local has charged an initiation fee to members returning from the Armed Forces, said amount should be credited to dues, since the Constitution provides that a member discharged from the Armed Forces may become a member of this Union without paying an initiation fee. The International Union will give appropriate credit to the Local provided the Local indicates the amount due in each instance. (Minneapolis, 5/1/44, Page 88.)
(5) Merchant Marine Service
The exemption provided in this Article for men and women returning from service in the Armed Forces is applicable also to persons returning from service in the Merchant Marine. (Detroit, 8/5/44)
(6) Applicable to First Employment Only
The exemptions given under this Section to returned members of the Armed Forces apply only where the member's first employment after her/his return is within the jurisdiction of the UAW. Thus, a suspended UAW member who, upon her/his return from the Armed Forces, takes and holds a job outside the jurisdiction of the UAW, but who now is employed within the jurisdiction of a UAW Local, may be required to pay a reinstatement fee to her/his old UAW Local before s/he can obtain a transfer to the new UAW Local. (Detroit, 8/5/46, Page 87.)
(1) Refund of Dues Paid by Probationary Employees
An employee who has joined a Local Union by having paid or having had deducted her/his initiation fee and dues within thirty (30) days of her/his employment and is subsequently terminated, laid off or quits within that period, would be entitled upon request made within sixty (60) days to a refund of all monies paid for initiation fee and dues following termination of such employment. Where such member does not request a refund of her/his dues and initiation fee, s/he may upon proper request be issued an honorable withdrawal card (Detroit, 1/15/73)
(2) Retired Member Not Required to Pay Dues After Retirement
A member who is retired under Article 6, Section 19, of this Constitution is not required to pay regular dues following the month in which s/he is retired, if all of her/his dues obligations have been met prior to such retirement. Any compensation received following the month of her/his retirement, such as accumulated vacation pay, etc., will not obligate the member for the payment of dues as a result of receiving such compensation after retirement. (Black Lake, 6/2/72, Page 187.)
(1) Education Fund
It is permissible for a Local Union to use a portion of its Education Fund to defray the expense of publishing a monthly newspaper for the benefit of its members. (Washington, 11/7/45, Page 108.)
(1) No Extension of Time for Payment of Dues
The fact that the last day for the payment of dues falls on Sunday does not operate to extend the time within which such dues are required to be paid under this Section. (Milwaukee, 5/1/44, Page 54.)
(2) Former Member Joining Another Local
Where a member becomes delinquent in her/his Local Union and, while delinquent, accepts employment under the jurisdiction of another UAW Local, s/he must reinstate her/himself in her/his first Local and then transfer to the second. (New York City, 3/5/45, Page 17.)
(3) Authorized Strike Will Not Make Member Delinquent
Out-of-work receipts are not required by members while engaged in an authorized strike. A member in good standing at the time her/his Local or unit goes on such strike continues in good standing for the duration of the strike and for a period of thirty (30) days after her/his return to work. (Detroit, 1/12/46, Pages 145-147.)
(1) Good Standing Not Subject to Vote in the Local Union
Any member suspended by reason of having become in arrears in her/his dues is automatically placed in good standing upon complying with the requirements of this Section of the Constitution and the applicable provisions of the Local Union's bylaws. Her/His readmission to good standing is not subject to vote in the Local Union. (Louisville, 3/17/47, Pages 141-143.)
(2) Reinstatement Fees in Amalgamated Local Unions
A unit of an Amalgamated Local Union cannot establish the reinstatement fee for the unit unless it is specifically granted that right by the Local Union. (Detroit, 10/9/51, Pages 171-173.)
(3) Local Union or Unit Cannot Waive Reinstatement Fee
A Local Union or unit of an Amalgamated Local Union cannot waive the reinstatement fee established by the Local Union without the approval of the International Executive Board. (Detroit, 12/6/62, Page 202.)
(4) Maximum Reinstatement Fee
The maximum reinstatement fee that may be levied under the provisions of this Section is $50.00. (1/20/54, Page 281.) (Amended 9/12/68, Page 159.)
(1) Veteran Who Failed to Deposit Transfer
Where a member takes a transfer and fails to deposit it in the Local to which s/he intended to transfer, and later enters military service and after her/his discharge applies to her/his first Local for reinstatement, s/he is entitled to such reinstatement without payment of initiation or readmission fees if s/he otherwise meets the conditions set forth in this Section. (Detroit, 8/5/46, Page 86.)
(1) Vacation Pay or Bonus Previously Received Considered as a Benefit
Any member who receives vacation pay or bonus in one month and takes time off from work for a vacation leave in a subsequent month shall not be exempted from the payment of dues under this Section, since s/he had received compensation for such leave in a previous month. Vacation pay or bonuses received in any previous month within the vacation year shall be applied to the month in which such leave is taken and considered as a benefit in lieu of work for the purpose of dues liability under this Section. (Detroit, 12/6/62, Page 203.)
(2) Members Required to Pay Regular Dues while on SUB if Forty (40) Hours are Worked in Month Where a member receives Supplemental Unemployment Benefits and during the first part of a month pays one (1) hour SUB dues for the month and is subsequently recalled to work during the same month, and receives forty (40) hours pay within that month, the member's dues for that month would be the regular minimum monthly dues as set forth under Section 2 of this Article.
If the member had previously paid the one (1) hour SUB dues s/he could be given credit for such payment or the one (1) hour may be refunded to her/him after receipt of the regular monthly dues. (Detroit, 11/15/71, Pages 54-55.)
(3) Laid Off Member Not on Check-off-Duty to Report
A member not covered by check-off under which the company automatically notifies the Local Union of members who are laid off or granted leaves of absence has the responsibility of reporting immediately her/his layoff or leave of absence to the Financial Secretary of her/his Local Union. If such a member does not so report her/his layoff or leave of absence within thirty (30) days of the time it commences, s/he would automatically be recorded on the books of the Local Union as having been issued an honorable withdrawal transfer card as of said 30th day. (Detroit, 1/21/60, Pages 282-283.)
(1) 6-Month Period Calculation
In applying this Section the "first six months of such layoff or leave" means the period from the date of her/his layoff to the last day of the sixth month thereafter. For example, for a member laid off on April 10, the "first six months" would not expire until the 31st of October. Each additional month for which a member must certify in order to remain in good standing without paying dues would then automatically coincide with a calendar month. (Detroit, 1/20/60, Pages 283-284.)
NOTE: Notwithstanding the above, when members are receiving Supplementary Unemployment Benefits (SUB) or other monies subject to dues payment, the first six month period of such layoff or leave means the period commencing the first month of which benefits are exhausted and dues are not paid or any subsequent combination of six months thereafter during that layoff.
(2) Membership Status Upon Return to Local Union from Automatic Withdrawal
When a laid off member who has been automatically noted on the records of her/his Local Union as having been issued an honorable withdrawal transfer card returns to work under the jurisdiction of her/his Local Union, her/his withdrawal status automatically ends and s/he becomes a member in good standing and shall resume paying dues to her/his Local Union. (Detroit, 7/14/61, Page 169.)
ARTICLE 17 Honorable Withdrawal Transfer Cards
(1) Issuance of Withdrawal Transfer Cards
A Local Union must issue a withdrawal transfer card to a member upon her/his request, provided the member's status meets the constitutional requirements set forth in Article 17. (Chicago, 6/4/45, Pages 17-22.)
(2) Failure to Obtain Withdrawal Transfer Card
A discharged member who accepts employment outside the jurisdiction of the International Union but fails to obtain withdrawal transfer card and is subsequently suspended for non-payment of dues, is ineligible for reinstatement since s/he no longer is under the jurisdiction of the International Union. (Minneapolis, 7/16/45, Page 127.)
(3) Possession of Withdrawal Transfer Card - Interruption of Good Standing
Possession of the honorable withdrawal transfer card interrupts the member's continuous good standing in a Local Union except in the following two cases:
1. Where the member has redeposited her/his withdrawal card in the Local Union in the same month in which it was issued by that same Local Union.
2. Where a laid off member has taken a withdrawal card from her/his original Local Union, transferred to another UAW Local Union, deposited her/his withdrawal card in the second UAW Local Union and, within a period of one year from her/his layoff, returns to her/his original Local Union depositing her/his withdrawal card from the second Local Union where s/he temporarily worked. Unless one of these two special conditions is met, any member who is recorded as having a withdrawal card on her/his Local Union records would not again meet the one year continuous good standing until s/he had returned to work, redeposited her/his withdrawal card, and had remained as a continuous good standing member for a period of one year. (Detroit, 1/21/60)
(4) Additional Exceptions to Issuance of Automatic Withdrawal Transfer Card
Members who may be elected to a national, state, or local legislative body or who are engaged in work which promotes the programs and policies of the organization, should be exempt from the issuance of an automatic withdrawal card. The decision in these cases is left to the discretion of each Local Union. Any member may, however, appeal any decision made in this respect as provided for in Article 33 of the Constitution. (Detroit, 10/11/51, Pages 273 and 274.)
(5) Escapee Not Entitled to Withdrawal Card
When a member avails himself of the escape period provided in the Local's maintenance of membership clause but continues to work, s/he remains under the jurisdiction of the International Union and therefore is not entitled to a withdrawal card. (Detroit, 8/5/46, Pages 92-93.)
(1) Prosecution of Holders of Withdrawal Transfer Cards
A Local Union may not prosecute the holder of a withdrawal card under the Trial Procedure (See Article 31) during the time the card is still outstanding. The proper action is to institute proceedings to terminate the withdrawal card. (See Interpretation under Section 9 of this Article.) This must be done within sixty (60) days from the date the complainant first became aware of the alleged misconduct. (Chicago, 6/4/45, Page 21.) See also Article 17, Section 9.
(2) Returning to Original Local
A member cannot deposit a withdrawal card in the original Local or transfer back to the original Local until s/he actually has a job over which the original Local has jurisdiction. (Detroit, 1/12/46, Pages 29-30.)
In a multiple workplace corporation, however, which has a single collective bargaining agreement and an area-wide seniority arrangement under which a member laid off from one workplace is automatically returned to her/his original workplace with job rights in the original workplace but not enough seniority to be reinstated on her/his job, the member under these circumstances may be considered as being on layoff status in her/his original Local Union in accordance with the provisions of Article 16, Sections 18 and 19 of this Constitution. (Detroit, 4/14/60, Pages 261- 263.)
(3) Temporary Employment While Home Local on Strike
Where a member's workplace is on strike and s/he finds employment in another workplace with the permission of her/his home Local, s/he is not required to transfer to the second Local. S/He must continue to pay her/his dues to her/his home Local and the Local having jurisdiction over the workplace in which s/he is working shall waive the payment of dues by said member or permit her/him to work under a "work permit." (Detroit, 1/12/46, Pages 28-29.)
(4) Full Time Employment While Home Local on Strike
Members in good standing of a striking Local Union who obtain full time employment outside the jurisdiction of the UAW shall, unless they obtain permission from their Local Union immediately, be issued honorable withdrawal transfer cards as required by Article 17, Section 2. These members shall not participate in any activities within their Local Union until they have returned to work within the jurisdiction of their Local Union and have deposited their withdrawal transfer cards.
(5) Member of Local Subsequently Chartered by UAW
Where a person prior to entering the Armed Forces was a member of a labor organization which subsequently became a UAW Local Union, and on her/his return accepted employment in supervision, s/he is not entitled to a withdrawal card since s/he was not a "member in good standing" of a UAW Local at the time s/he entered the service. (Detroit, 8/5/46, Page 99.)
(6) Members Holding Constitutional Office Voluntarily Leaving Jurisdiction of Local Must Transfer
Members holding a constitutional office in a Local Union, who exercise interworkplace seniority in order to retain their classification or who voluntarily leave the jurisdiction of the Local Union, are required to transfer if the workplace to which they move comes under the jurisdiction of another Local Union (Louisville, 3/17/47, Pages 91-93).
(7) Deposit of Withdrawal Card
Holders of a withdrawal card upon obtaining a job under the jurisdiction of the UAW shall deposit said withdrawal card with the Local Union under whose jurisdiction s/he is then working and the Financial Secretary of the Local shall notify the original Local Union of such transactions. (Chicago, 3/1/48, Pages 814-816).
(1) Continuous Good Standing
This section is applicable only to those members whose entire seniority moves with them at the time of their transfer. (Las Vegas, 6/1/02).
(1) Withdrawal Transfer Cards may not be Exchanged for Out-of-Work Receipts
A laid off member who elects to take a withdrawal transfer card at the time of her/his layoff may not subsequently and during the layoff period deposit her/his withdrawal transfer card in return for an out-of-work receipt. Withdrawal transfer cards can be deposited only when the member has been called back to work in her/his workplace. (Cleveland, 8/4/46, Page 99)
(2) Members Receiving SUB not entitled to Withdrawal Transfer Card
Any member laid off indefinitely who receives Supple mental Unemployment Benefits or an equivalent type layoff benefit is obligated under Article 16, Section 18, to pay dues to the Local Union and, therefore, will not be entitled to an honorable withdrawal transfer card until s/he has exhausted her/his entitlement to such benefits. (Detroit, 1/31/74, Page 281.)
(1) Back Dues and Fees Owed Before Transfer
If a delinquent member is transferred to or employed at another Local Union within the jurisdiction of the UAW, the member must pay back dues and reinstatement fee to his/her original Local Union to establish continuous good standing. (Las Vegas, 6/1/02).
(2) Refusal to Accept Withdrawal Transfer Cards
A Local Union may not refuse to accept a withdrawal transfer card in proper order if the member presenting it is eligible for membership at the time the card is offered. (Chicago, 6/4/45, Page 21)
(1) Right to Defend Against Termination of Withdrawal Transfer Card Before a withdrawal transfer card can be terminated, the Local Union must give the member an opportunity to appear at a meeting and present her/his defense. (Grand Rapids, 9/8/44, Page 22.)
(2) Procedure for Termination of Withdrawal Transfer Card
The following procedure governs the termination of withdrawal transfer cards "for good and sufficient reasons":
(a) A motion to terminate the withdrawal transfer card should be made at a Local membership meeting. The reasons should be given in the motion.
(b) Action on the motion should then be deferred to a later meeting and a committee appointed to investigate the reasons in order to determine whether they are "good and sufficient."
(c) The committee should conduct an investigation, making inquiry as to the validity of the reasons. The person whose withdrawal card is sought to be terminated should be given full opportunity to answer all charges made. (This is not a "trial" but an investigation which the committee may conduct in such manner as it deems best suited to getting the facts. If it desires, it may hold a "hearing" and permit witnesses on both sides to be heard.)
(d) The committee should then present its findings and recommendations to a subsequent membership meeting, which should act by either adopting or rejecting the motion to terminate the withdrawal transfer card.
(e) The member involved should be afforded full opportunity to present her/his contentions to the meeting.
(f) The Local should then vote on the question: "Shall the withdrawal transfer card be terminated?" (Chicago, 6/5/45, Pages 20-21.)
(3) Effect of Termination of Withdrawal Transfer Card
The termination of a withdrawal transfer card does not terminate the membership of the person who held the card, but returns her/him to the status of other members with the same obligation to pay dues, etc. (Grand Rapids, 9/7/44 and Chicago, 6/4/45, Pages 20-2l.)
(1) Applies Only to Persons With Authority to Hire or Discharge
Under this Article and Section, the positions with management referred to within this Section, apply only to positions with the authority to hire or discharge or otherwise affect the status of employment of the members within the jurisdiction of the Local Union. (Detroit, 9/9/66, Page 246.)
ARTICLE 19 Contracts and Negotiations
(1) Separate Ratification Rights for Skilled Trades
Where separate ratification rights have been approved for skilled trades, only skilled tradespersons may vote in such contract ratification meetings for skilled trades. (Black Lake, 6/10/71, Pages 276-277.)
(2) Interest Arbitration and Ratification
Where, pursuant to a prior contractual agreement, bargaining occurs in a context where interest arbitration is the exclusive means to resolve impasse, the membership will be presented with full information about the final offers by management and the union, and will be given an opportunity to vote on whether to accept management's offer or proceed to interest arbitration in defense of the union's final offer. The meeting at which such vote is taken shall be conducted in accordance with the normal procedures for ratification votes. This procedure shall constitute compliance with the requirements of Article 19, Section 3. (Flint, 11/10/05)
ARTICLE 20 National and Corporation Bargaining Councils
(1) Locals Must Affiliate and Pay Tax
It is mandatory on all units or Locals that they affiliate with an Intra-Corporation Council if one is set up; it is also mandatory that the per capita tax due such Council be paid. (Milwaukee 4/16/45, Pages 130-131; Minneapolis, 7/16/45, Page 122; Detroit, 1/12/46, Pages 53-54.)
ARTICLE 26 Civil and Human Rights Department
(1) Procedure in Discrimination Cases
The procedure to be followed shall be as outlined in the handbook issued by the Civil and Human Rights Department.
ARTICLE 31 Trials of Members
(1) Charges Must Be Specific
In order for charges to be properly filed under the provisions of this Section of the Constitution, the charges must specifically set forth the nature of the alleged offense or offenses.
Charges that are based on broad generalities such as "conduct unbecoming a union member" or "violation of the Constitution" do not fulfill the constitutional requirements of this Section of the Constitution unless the nature of the conduct in question or the nature of the violation of the Constitution are clearly set forth in the charges. (1/21/54, Page 296.)
(2) Convention Delegates Failing to Follow Local's Instructions
There is no authority in this or any other Section of the Constitution for preferring charges or trying Convention Delegates who fail to vote at the Convention in accordance with "instructions" of their Local Union. Delegates to the Convention meet to legislate on matters affecting the entire International Union and they are not bound, either legally or morally, to follow "instructions" of their particular Local Unions relative to their voting. They are entitled to base their judgements and their votes upon facts and considerations presented to them at such Conventions-material which may not have been previously within the knowledge of themselves or the membership of the Locals which they represent. (Philadelphia, 10/24/43.) See Article 8. (Page 9.)
(3) Trials During Administratorship
Appointment of an Administrator for the Local Union affects neither the status of Local Union members nor the existence of the Local and trials held during the period of administratorship must conform with the requirements of this Article of the Constitution. In such cases the charges should not be filed by the Administrator, but by a member or members of the Local Union. (Chicago, 6/8/45)
(1) Where Recording Secretary has been Suspended
Where an Administrator for the Local Union has been appointed by the International Executive Board and the Recording Secretary has been suspended, charges should be submitted to the Administrator, or to the person who has been designated by the Administrator to act in the capacity of Recording Secretary during the period of administration. (Chicago, 6/8/45.)
(1) Charges Against the Entire Local Union Executive Board
Under this Article and Section, where charges have been placed against the entire Executive Board of a Local Union, the Local Union Executive Board would be obligated to procedurally determine whether the charges were proper in accordance with the limitations as set forth under (a), (b), (c), (d), and (e) of this Section. However, where charges are brought against one or more members of the Local Union Executive Board, or made by one or more members, those member(s) so charged and member(s) making the charges shall withdraw from participating in the Local Union Executive Board's procedure required to determine the propriety of the charges. The remainder of the Local Union Executive Board would determine whether the charges were proper. (The application of this interpretation will be re-examined if under certain circumstances, its implementation does not serve the democratic purposes intended by this interpretation.) (Revised 6/23/83)
(2) Charges Are Not To Be Investigated
Article 31 charges are procedurally reviewed by local executive boards to determine if they are proper or improper pursuant to the sub-sections of Section 3. Charges are to be reviewed, as submitted, based on their specific content. No investigation is required or proper.
The addition of Section 3(e) at the 32nd Constitutional Convention requiring substantial direct evidence as well as the evidence of at least one (1) corroborating witness does not change the historical method of review. (Las Vegas, 6/1/02).
(3) Postponement of Trial
There is nothing in the procedural provisions of this Article including those contained in Section 8 of Article 31 which would cause postponement of trial proceedings to result in the end of trial. Since charges were submitted and since charges have not been withdrawn by the accuser, it is mandatory that a trial be held (unless the charges have been considered to be improper by the Local Union Executive Board, pursuant to Article 31, Section 3). (Buffalo, 9/8/47, Pages 66-69.)
(4) Trial Committee Must Report Their Findings
There is nothing in the procedural provisions of Article 31 which would cause the dismissal of the Trial Committee because of a delay in reporting their findings. When charges are submitted and have not been withdrawn by the accuser, it is mandatory that the selected Trial Committee function until they have reported their findings to the body selecting them, as provided for in Article 31 (unless in the meantime the charges are withdrawn by the accuser or considered to be improper by the Local Union Executive Board, as provided in Article 31, Section 3). (Detroit, 5/11/51)
(5) Charges that Grievances Have Been Improperly Handled
Where charges on their face set forth no more than an accusation that a Committeeperson, Steward, or some similar official or body has used poor judgment, or has not exercised the proper degree of discretion or wisdom in handling a grievance, such charges should not be processed under Article 31, Section 3, of the International Constitution. Such attack upon the judgment, discretion or wisdom of an official or body in handling the grievance would not constitute any specific violation of this Constitution or conduct unbecoming a member and would, therefore, be an improper accusation to submit to a Trial Committee. Where a member believes her/his grievance has been improperly handled without the exercise of proper judgment, discretion and wisdom, her/his remedy lies in the regular procedures established for such review under Article 33 of the Constitution. (Detroit, 1/27/61, Pages 205- 206.)
(1) Member Must have Notice of Charges
The suspension provisions of Article 31, Section 6 of the Constitution cannot be invoked until after the accused is in possession of the receipted registered or certified letter outlining the charges that had been preferred against her/him. (9/9/53, Page 233.)
(1) Effective Date of Suspension
In the event a Local Union Trial Committee suspends a member from office or membership as a result of their trial findings and such decision is properly approved by the Local Union membership, such suspension shall become effective as of the date stipulated by either the Local Union Trial Committee or the Local Union membership. If the Local Union Trial Committee or Local Union membership fail to stipulate the effective date of suspension, the suspension shall become effective the date the membership approved such suspension. (Detroit, 5/1/53, Page 182.)
(2) Suspension from Local is Suspension from International
When a member is duly suspended or expelled by her/his Local Union, s/he automatically is suspended or expelled as a member of the International Union. (Wash ington, 7/12/45, Page 94.) See also Article 6, Sections 9 and 14.
(3) Report of Trial Committee
A Trial Committee is not a "committee" in the sense in which the word is ordinarily used. It is in the nature of a jury. It is inappropriate for it to make a "minority report." When it votes on the verdict and judgment and fixes guilt and the penalty by a two-thirds (2/3) vote, the accused is found "guilty" and the penalty attached, subject to the approval of the membership. Dissenting members of the Committee have the right to vote in the Committee on the issues of guilt and penalty, but in the event the majority against them is two-thirds (2/3), the guilt and penalty are established as far as the Trial Committee is concerned. There is nothing for a dissenting member to "report" to the membership although s/he, of course, has the right to participate in the deliberations of the membership meeting, at which time s/he may advance any reasons for arguments s/he pleases in the effort to influence the meeting to approve or disapprove the verdict and judgment of the Trial Committee. S/He does this, however, as a member of the Local Union and not as a member of the Trial Committee. (New York, 12/11/46, Pages 52-53.) See also Interpretation No. 1 under Section 11 of this Article.
(4) Failure to Reach Verdict by Trial Committee Acquittal Where a Trial Committee under this Article and Section does not reach a verdict of guilty by a two-thirds (2/3) vote, the Trial Committee is required to report same to the membership of the Local Union and the member stands acquitted. (Detroit, 9/9/66, Page 245.)
(1) Membership Vote on Trial Committee's Report
The vote upon the report of the Trial Committee should be in two parts:
(a) The membership should vote upon the "verdict," that is, as to whether or not the accused shall be held to be guilty. If such a motion is not approved by a majority vote, the accused stands acquitted, and no further action by the meeting is necessary.
(b) If the verdict of "guilty" is approved by a majority vote, the membership should then proceed to vote on that portion of the Trial Committee's report which specifies the penalty. In connection with the vote on the penalty, a majority vote is also necessary to approve the penalty fixed by the Trial Committee.
If it is the intention of the meeting, having approved a verdict of guilty, to effect a modification of the penalty, this may be done by voting down that portion of the report which specifies the penalty (by a majority vote) and then by a majority vote adopting a separate motion embodying a different penalty. (New York, 12/9/46.) See also Interpretation No. 3 under Section 10 of this Article.
(2)Right to Inspect Trial Records
A Local Union may not provide that "The records of trials shall not be available for inspection to any person or member of the Trial Board, unless authority is obtained at a membership meeting by a majority vote." (Minneapolis, 7/16/45, Page 30.)
ARTICLE 33 Appeals
(1) Appeals Where Legality of Trial Committee is in Question
In the case of an appeal arising out of a trial in a Local Union or unit, where it appears to the International Executive Board that there is a question as to the legality of the existence of the Trial Committee, the Board has the right to consider such questions, even though the decision of the lower tribunal has not been complied with. (Detroit, 4/22/47, Page 74.)
(1) Failure of Appellant(s) to Appear at Appeal Hearing
Where a member or members of a Local Union submits an appeal to the International Executive Board in accordance with the provisions of Article 33, Section 3(d) of the International Constitution, and does not appear at the hearing established in accordance with the requirements of Article 33, Section 4(h) of the International Constitution, by the International Executive Board appeals team or the International President, after due and proper notice, the appeal may be dismissed by the International Executive Board on the grounds that the member or members did not meet the provisions of the International Constitution which require her/his or their attendance at such hearing. Therefore, the appeals team or the International President, may determine that the appeal is considered as having been withdrawn by the appellant or appellants due to her/his or their failure to appear at the hearing as required by the International Constitution.
The appeals team may at its discretion review the cir cumstances motivating such an appeal if, in its judgment, it is determined that a review of such circumstances would be in the interest of justice or requires constitutional correction. (Detroit, 8/11/60.)
(2) Jurisdiction of Nine-Member Committee
The Nine-Member Committee of the International Executive Board is authorized to make a decision on all appeals submitted to it by an Appeals Committee under this Article, as well as appeals under Article 48, Section 5; Article 31, Section 24; Article 38, Section 13; and any other appeals wherein the Constitution states that such appeals will be processed in a similar manner as appeals to the International Executive Board from decisions of subordinate bodies under Article 33 of this Constitution, or reports by Special Committees appointed by the Board to investigate disputes presented to that body. (Detroit, 3/7/63, Pages 327-328.)
ARTICLE 34 District Councils
(1) Constitutionally Established District Councils
In order for a District Council to be a legally and constitutionally established Council, it would be necessary for the majority of all the Local Unions (representing a majority of the membership) within the geographical district, as geographical districts are defined in Article 10, Section 21, of the Constitution, to request the establishment of such District Council. (Detroit, 5/11/51, Page 377.)
ARTICLE 35 Amalgamated Local Unions
(1) Authority of Joint Councils
A bylaw that provides that the regular general member ship meeting can overrule the action of the Joint Council is unconstitutional.The democratic rights of the membership are protected by the referendum vote provided for in Article 35, Section 3 of the Constitution. (Detroit, 1/10/49, Pages 38-39.)
(1) Members of Amalgamated Voting Against Dues Increase
An Amalgamated Local may increase the dues of the members in all of its units if the increase is ratified by a majority secret ballot vote of the membership and otherwise is in conformity with the Constitution (See Article 47.) Such a valid increase in dues by an Amalgamated Local is binding upon all of its units including those units which voted disapproval of the dues increase. (Detroit 1/21/60.)
(2) Division of Funds of Amalgamated Local
Two units comprising an Amalgamated Local may not divide the Local's income between the units according to the number of members of each and still remain an Amalgamated Local.The officers of an Amalgamated Local are elected by all units jointly and they are responsible for the entire income and expenditures for the units. (Washington, 11/7/45, Page 110.)
(3) Units of Only One (1) Person
In units of only one (1) employee, it is obviously impossible to elect two representatives. The language of Article 35, Section 3(a) shall therefore be deemed satisfied if only a single representative to the Joint Council is accorded to such single-person unit(s). (Las Vegas, 6/16/06)
(1) Unit Autonomy-Internal Structure
The delegate body of an Amalgamated Local is without authority to legislate on the internal structure of any unit in the Local. It is the prerogative of the unit to legislate its own internal structure. (Chicago, 4/16/46, Page 52.)
(2) President Not Officer of Unit
The President of an Amalgamated Local is elected on a local-wide basis and is therefore not an officer of the unit from which s/he comes. (Detroit, 8/5/46, Page 97.)
ARTICLE 36 Local Union Charters and Subordinate Bodies
(1) Amalgamated Local Unions
In Amalgamated Local Unions where there are only two units and one of the workplaces goes out of business and there are no longer any members employed in that unit, such laid off members of the abandoned unit shall be treated in the same fashion as members of a single workplace Local Union that goes out of business. (Detroit, 5/25/59, Page 36.)
ARTICLE 37 Duties and Powers of Subordinate Bodies
(1) Shift Meetings
Where Local Unions hold shift meetings the following rules must be observed:
1. Where the first meeting introduces and passes a motion, the subsequent meetings cannot table the motion. It is mandatory that the later meetings vote on the motion as passed by the first meeting.
2. When the first meeting originates a motion, the succeeding meetings cannot introduce another motion on the same subject inasmuch as all of the shift meetings are actually one.
3. When the succeeding meetings introduce and pass motions, they must be held over for final action to give the first meeting the opportunity of voting on the motion the next time they meet. (Detroit, 8/9/49, Pages 309-311.)
(2) Action of Workplace Council Binding in Between Membership Meetings
Where a Local Union or a unit of an Amalgamated Local Union holds general membership meetings every three (3) months and an appropriate workplace council has been established in accordance with this Article and Section, the actions and/or decisions made by the work place council in the intervening months shall be binding upon the Local Union as though taken by the membership. Such actions or decisions can only be rescinded in the same manner that is required for rescinding a membership action or decision. (Black Lake, 9/2/75, Page 278.)
(1) Attendance Rules Cannot Be Made Eligibility Requirements
This Section of the Constitution cannot be employed to make attendance of meetings a condition of eligibility to run for office. The attendance provision can only be applied after a member is elected to a Local Union position. (5/27/53, Pages 72-76.)
(2) Removal from Office Does not Affect Eligibility for UAW Convention Delegate
Where a member holding an elective position is re moved from office for her/his failure to comply with the Local Union attendance rules and is therefore ineligible to run for any position for the remainder of the term of office from which s/he was removed, it does not affect her/his eligibility to be a candidate for delegate to a UAW Constitutional Convention. (1/20/54, Page 277.) (3) Appointed Representatives-Local Union Bylaws Local Unions must have requirements in their Local Union Bylaws providing that any member holding any Local Union elected position must attend two (2) of three (3) membership meetings and two (2) of three (3) meetings involving their office or position or be automatically removed from the position to which they were elected. A number of collective bargaining agreements contain provisions whereby the Department Director, Regional Director or Local Union may appoint Benefit Plans Committee Members, Apprentice Committee Members, Health and Safety Representatives, Alcohol and Drug Abuse Representatives, etc. The question has arisen as to whether or not such Union appointees are also governed by the attendance requirements contained in the Local Union Bylaws.
Where such bylaw provisions are uniformly applied, contain mechanisms for reasonable excuse and were approved by the International Union, then they apply with equal force to such appointed representatives upon submission of the facts to the Department Director or Regional Director, as the case may be, for necessary action of his or her office. (12/16/80, Pages 157-158.)
ARTICLE 38 Local Union Officers
(1) Candidate for More Than One Executive Board Office
A candidate may not run for more than one (1) Local Union Executive Board office on the same ballot. (Los Angeles, 2/7/44.) Thus s/he cannot run for Trustee and Board Member-at-Large at the same time. (New York City, 3/5/45, Page 14.)
(2) Executive Officer and District Committeeperson
There is nothing in the International Constitution which bars an individual from holding both an Executive Office in her/his Local and a position such as District Committee person in the Local. However, a Local Union has the right to provide in its bylaws that officers of the Local may not also hold the position of Committeeperson or Steward, etc. (Detroit, 8/5/46, Pages 105-106.)
(3) Right of Committeepersons to Run for Executive Office
The Local Union cannot bar a Committeeperson from running for an Executive Office, however, it can make rules which prohibit a member from simultaneously holding two (2) elective offices. (Louisville, 3/17/47, Page 93.) (NOTE: See the preceding Interpretations under this Article and Section.)
(1) Deadline Fixed By Local Union
The Local has the power to set the deadline for accept ing nominations. If the Local Union fails to set the deadline, then the deadline should be set by the Local Union Election Committee in the exercise of its own sound judgment. (New York City, 3/5/45, Page 16.)
(2) Acceptance After Declining Nomination
Following the deadline of acceptance of nominations, no candidates will be added or removed from the ballot. This shall apply in all elections. (Las Vegas, 6/1/02.)
(3) Notice in Run-Off Election for Officers
Where there is no notice of a run-off election for Local Union Executive Officers given prior to the date of the general election, at least fifteen (15) days shall elapse from the time of the general election to the time of the run-off election. Local Unions may establish a date for the run-off election any time after the original election so long as the membership has at least fifteen (15) days' notice of the date the run-off is to be held.
It is advisable that the notice of the original election include a notice regarding a run-off election if such should be necessary. For the legal requirements of mailing such notices to each member, reference is made to the Election Guide. (Detroit, 1/21/60.)
(4) Majority Vote
Where a Local Union provides in its bylaws that offices not covered by Article 38, Section 1, require a majority of votes rather than a plurality, in cases where there are more than one (1) to be elected to office, example, Bargaining Committee, the following formula will be used when specific rules are not provided to implement the bylaws of the Local:
All votes received by all candidates for office will be totaled. (If there are fifteen (15) running for Committee person all votes received by all candidates will be totaled.) This total will then be divided by the number of candidates to be elected. This figure will then be divided by two (2) giving the figure, plus one (1), which is to be considered the majority point. Candidates receiving more votes than this majority figure will be declared elected. If run-offs are necessary, twice the number of candidates in ranking order for the ranking position to be filled will be placed on the ballot. (Chicago, 3/1/48.)
(5) Majority Vote for Trustees
Where Local Unions are electing three (3) trustees for three-year terms, the following rules shall apply: (1) Trustees are elected simultaneously and there is no distinction between the two offices and the membership is entitled to vote for three (3) trustees.
(2) Where there are less than seven (7) candidates, the three (3) candidates receiving the greatest number of votes shall be declared elected.
(3) Where there are seven (7) or more candidates, the majority point is determined by adding the total votes cast for the office of trustee, dividing by the number of positions to be filled, which is three (3), again dividing by two (2); which will determine the fifty (50) percent mark, and then adding one (1) to determine the majority point.
(4) In the event more than three (3) candidates receive a majority vote, the three (3) candidates with the greatest majority shall be declared elected.
(5) Where there are seven (7) or more candidates and no candidate receives a majority, the run-off is confined to the six (6) candidates receiving the greatest number of votes.
(6) Where there are seven (7) or more candidates and only one (1) candidate receives a majority the run-off is confined to the candidates who finished in second, third, fourth and fifth position.
(7) Where there are seven (7) or more candidates and only two (2) candidates receive a majority, the run-off is confined to the candidates who finished in third and fourth positions. (Detroit, 1/21/60)
(6) Nomination and Election of Officers
In the matter of nominating and electing Local Union officers, nominations may be held within forty-five (45) days prior to the holding of the election, but triennial Local Union elections may not be held earlier than the month of May, unless otherwise authorized by the International Executive Board. (Black Lake, 6/2/72, Page 185.)
(7) Right of Members to Nominate
Where a Local Union in the United States adopts a nominating procedure that all members stand nominated, such procedure must also provide the opportunity for a member or members to nominate candidates of their choice during the nomination period. (Detroit, 1/31/74, Pages 214-215.)
(1) One (1) Year Good Standing Mandatory for Executive Officers
Compliance with this "one (1) year continuous good standing rule" governing eligibility for Executive Offices is mandatory and cannot be waived or shortened except in cases of new Locals. (New York City, 3/5/45, Pages 18, 24, and 58.)
(2) Eligibility for Local Union Office Where Funds Have Been Misappropriated
Any member who has been found guilty of misappro priating funds and has not made full restitution to the Local Union would not be eligible to hold an office which required bonding. After full restitution is made and the member is eligible for bonding, s/he would be eligible to be a candidate for holding a Local Union office which requires bonding provided the member is otherwise eligible under the Constitution. (Detroit, 5/25/59, Pages 39-42.)
(3) Lack of Qualified Nominees Who Accept
The fact that there are an insufficient number of accept ing nominees with one (1) year's continuous good standing will not alter the Constitution's one (1) year requirement for candidates for Executive Offices. (New York City, 3/5/45, Pages 21-22.)
(4) Suspension Breaks Continuous Good Standing
If a Trial Committee reaches a verdict of "guilty" and the Trial Committee's decision is upheld by the member ship, any suspension of membership prior to (See Article 31, Section 6) or after the trial would constitute a break in the member's continuous good standing even though s/he continued to pay dues. (Detroit, 2/2/51, Page 325.)
(5) Meaning of "Continuous"
Where during any portion of the one (1) year period immediately preceding the nomination a nominee has been in arrears in the payment of her/his dues more than the time allowed by the Local (which under Article 16, Section 8, cannot be more than one (1) calendar month), s/he has not been in "continuous" good standing in the Local and, hence, is ineligible to run for an Executive Office. S/He may seek a non-Executive Office such as Steward where a shorter period has been fixed by the Local under Section 4 of this Article. (New York City, 3/5/45, Pages 23-24.)
(6) Holder of Withdrawal Card Not Member in "Continuous Good Standing"
A member holding a withdrawal card is not a member in "continuous good standing" for one (1) year and hence cannot run for Executive Office in the Local. Her/His "continuous good standing" commences as of the date upon which s/he deposits her/his withdrawal card with the Local. (New York City, 3/5/45, Page 47.) See Interpretation No. 4 under Article 17, Section 2.
(7) Members of New Units Seeking Executive Office in Amalgamated Locals
Where a unit has not been in the Amalgamated Local for one (1) year, a member of that unit cannot be a "member in continuous good standing in the Local Union for one (1) year" and hence is ineligible to run for Executive Office in the Local. Such member may be eligible for a non-Executive Office or other elective position in the Local under the eligibility rules fixed by the Local in accordance with Section 5 of this Article; provided, the beginning of the period fixed for eligibility does not predate the time when such individual joined the Union as a member of the organized unit of the Amalgamated Local. (New York City, 3/5/45, Page 23.)
(8) Eligibility as Affected by Attendance at Local Union Meetings
Bylaws which further limit the eligibility of members for Executive Office by requiring that they must have "attended at least six (6) regular membership meetings within twelve (12) months prior to date of nomination"; or that "member in good standing must have attended at least fifty (50) percent of the regularly scheduled general membership meetings in the year immediately prior to the nomination" are invalid. (New Orleans, 1/22/45, Pages 124-125; Chicago, 6/4/45, Pages 59-60.)
(9) Locals Merging Does Not Affect Members' Continuous Good Standing
Where Local Unions are merged, the members in good standing of the Local Unions so merged will be considered members in good standing of the Local they are merged into. (Detroit, 3/30/48, Pages 92-94.)
(10) Local May Not Increase Eligibility Requirements for Candidates for Executive Offices
A Local Union is without power to add to the qualifications fixed by the Constitution of the International Union for candidates for Executive Offices, and bylaws requiring nominees for Executive Offices to be present at nomination meetings, or to be represented by proxy, or to give good reason for being absent from such meetings, in effect add additional qualifications and are therefore invalid. (New York City, 3/5/45)
(1) Eligibility for Election to Non-Executive Offices
The Local Union may determine the eligibility for election to all elective offices and positions in the Local except those Executive Offices enumerated in Section 1 of this Article. (New York City, 3/5/45, Page 25.)
(2) "Good Standing" Requirement for Non- Executive Offices
A Local Union cannot require more than one (1) year continuous good standing as a condition of eligibility for non-executive offices, but does have the discretion to set an eligibility requirement of less than one (1) year. (4/28/55, Page 253.)
(3) Election Committee May Not Fix Eligibility Requirements
An Election Committee may not rule a candidate ineligible to run for non-Executive Office or position in the Local such as Committeeperson, except in accordance with the eligibility requirements fixed by the Local. Where the Local has not fixed "continuous good standing for one (1) year" as an eligibility requirement under this Section for non-Executive Offices, the Election Committee may not impose such a requirement. (New York City, 3/31/44, Page 14.)
(1) Chairperson of Unit Committees
An Amalgamated Local Union may provide in its by- laws that the Chairperson of the unit Bargain- ing/Negotiating Committee shall automatically be considered elected to and function as an Executive Board Member-at-Large. (Detroit, 8/5/46, Page 100.)
(1) Right of Members to Attend Local Board Meeting
A non-member of the Local's Executive Board does not have an absolute right to attend the meetings of the Local's Executive Board. The conduct of Local Board meetings, within the limits set forth in this Section of the Constitution, is a matter which is governed by the Local Union's Bylaws and practice. However, any member may appeal to the Local membership and further to the International Union from any refusal on the part of the Local Executive Board to grant her/him a hearing. (Detroit, 8/5/46, Page 105.)
(2) Right of Local Union Executive Board to Expend Funds
The decision as to what is "urgent business" which "requires prompt and decisive action" is one which the Local Executive Board must make for itself, subject to the right of the membership to question the soundness of the Board's decision in each case. (Louisville, 3/17/47, Page 93.)
(1) Only Offices of Financial Secretary and Treasurer may be Combined
Under the Constitution only the Executive Offices of Financial Secretary and Treasurer may be combined. (Milwaukee, 8/4/44, Page 83.)
(2) When Offices May Be Combined
The offices of Financial Secretary and Treasurer can be combined only at the next regular election of Executive Officers of the Local. (Washington 11/7/45, Page 109.)
(1) Use of Slates of Candidates-Statement of Policy
In a number of Local Unions situated in communities where voting machines are used in public elections, the Locals have been making use of voting machines in Local Union elections. Since public elections are ordinarily conducted on the basis of political parties, the names of candidates usually appear on these voting machines as slates representing particular political parties. A number of Local Unions using voting machines have followed this practice, presenting the names of candidates for Local Union offices to be voted upon as slates and not individually. While this practice is clearly proper and legitimate in public elections involving political parties, it is the view of the International Executive Board that it is not proper or legitimate in elections held in Unions whether the party ticket appears on a voting machine or on a printed ballot. Every voter in a Local Union election is entitled to vote for her/his individual choice for any office.
It is obvious that in the case of voting machines the names of candidates may appear in rows, designated in some distinctive manner, such as Row A, Row B, etc. There can be no objection to this, provided (1) that the method of designation is merely by letters or numbers or other means which do not in any manner attempt to characterize the candidates, and (2) that neither the particular row used, nor the order of the names appearing upon it, in any manner suggests any choice or preference for particular candidates, or otherwise purports to give any candidate an advantage over any other candidate; and that the voting machine must allow for individual voting for each position regardless of which slate a member appears on.
The particular row in which the slate of candidates appears should be determined without favor or discrimination and the rows should be systematically rotated so as to provide that each row appears approximately the same number of times in each position available.
It is the view of the International Executive Board that Local Union elections which are conducted in violation of this procedure are undemocratic, contrary to the spirit of the Constitution of the International Union, and violative of its traditions.
All Local Unions are required to conduct their elections in conformity with this statement of policy. (Revised 6/23/83, Pages 149-151.)
(2) Financial Secretary Present at Polling Place
Where the membership has approved, the rules of the Election Committee may permit the Financial Secretary of the Local to be present at the poll at the time of voting for the purpose of guarding the records and books for which her/his office is responsible. And this is unobjectionable even though the Financial Secretary is a candidate for reelection. (New York City, 3/5/45, Pages 26-27.)
(1) Eligibility of Member to Vote-Check-Off
Where a member has signed a dues check-off card but the company's failure to check off her/his dues has caused her/him to appear delinquent on Local Union records, s/he nevertheless, is in good standing and eligible to vote. (New York City, 3/5/45, Page 68.) See Article 16, Section 26 of the Constitution.
(2) Office Workers' Right to Vote
Office workers who are organized in the Local are members and must be accorded the right to vote and to run for Delegate to Conventions. (Milwaukee, 8/4/44, Pages 65-66.)
(3) All Members Must Have Opportunity to Vote
A Local Union may conduct an election for Bargaining Committeepersons by any method which suits the needs of the Local, so long as such method ensures a fair and democratic election. But where the Local's Election Committee has so limited the voting time as to make it impossible for some of the members of the Local to vote (as for example night shift workers), such a method is illegal in that it fails to assure a fair and democratic election. (Detroit, 8/5/46, Page 100.)
(1) Procedure for Limited Absentee Balloting
A Local Union may make provisions for members to vote in their Local Union elections, as indicated above, at its option wherever practical. Should the Local Union determine that it desires or requires such provisions, the Local Union may, by affirmative action of the membership, provide for such voting.
The procedure that may be adopted by the Local Union prior to nominations in any election in which such rules would apply, is as follows:
1. A member who will be away from her/his Local Union during the entire period of an election of executive officers or Convention delegates on a work assignment for her/his employer or on Local Union business may apply for an absentee ballot by filing with her/his Local Union, by mail (registered or certified) or in person, a signed statement that s/he will be away from her/his Local Union for the entire period of the election on a work assignment by her/his employer or on Local Union Business. Such statement or request must be filed with the Local Union in sufficient time for the member to secure a ballot and redeposit same with the Local Union prior to the start of the election.
2. Upon such certified application, the Local Union shall immediately provide the member with a ballot and two envelopes, one return-addressed. The member shall place her/his marked ballot in the unmarked envelope and enclose it in the return- addressed envelope.
3. The ballot as indicated may then be presented to the Local Union in person or as contained in the return addressed envelope returned by mail (registered or certified). However, under either circumstance, the ballot must be received by the Local Union before the start of the election. (Detroit, 4/4/67, Pages 185-186.)
(1) Responsibility of Local Union Election Committee to Cooperate with Local Union Officers
Local Union Election Committee is obligated, in the preparation for an election required by the Local Union to be conducted by the Election Committee, to consult and cooperate with the Officers of the Local Union in establishing the procedures for such election. However, the actual conduct of the election is entirely the responsibility of the Election Committee. (Detroit, 1/31/74, Pages 212-213.)
(2) Postponement of Election
The Election Committee can, once the date of election has been posted, refuse the request of the Local Union President to postpone the election. Such decisions by the Election Committee are not subject to revision by either the Local Union Executive Board or the Local Union President. (Louisville, 3/17/47, Page 100.)
(1) The Local Union Executive Board May Establish Election Dates, Etc., in the Absence of a Quorum
In unusual circumstances, where the Local Union still holds general membership meetings, and is unable to secure a quorum immediately preceding the required time to begin the conduct of their elections, the establishment of the date and other specifics in connection with the election may be established by the Local Union Executive Board. (Detroit, 1/29/71, Pages 480-481.)
(1) Election Committee Members Must Resign to Seek Office
Any member of an election committee who accepts nomination to run for Local Union Office which is conducted under the supervision of the Election Commit tee, of which s/he is a member must resign from the Election Committee for the duration of the term if s/he becomes a candidate. (Detroit, 8/11/60, Pages 138-139.)
(1) Designation of Candidates
Local Unions have the right to decide what designation candidates having the same name shall use on the ballot for purposes of identification. Where one candidate is the incumbent, the word "incumbent" may be used opposite her/his name to distinguish her/him from another candidate of the same name seeking the same office. (Los Angeles, 2/10/44, Page 34.)
(1) Candidates as Challengers
Each candidate may have a challenger but a candidate cannot be a challenger. (New York City, 3/5/45, Page 21.)
(2) Election Rules on Recount
A Local Union cannot require the filing of a bond or other security as a condition to filing for a recount. (Minneapolis, 7/17/45, Pages 29-30.)
(1) Preservation of "Ballots" Where Voting Machines Used
Where a Local Union uses voting machines which do not automatically print tally sheets, the requirement for preservation of ballots can be met by having the totals copied from the machines onto sheets of paper and certified as accurate by the Election Committee. Any challengers who are present during the counting should be asked to also sign their names to these sheets. (Detroit, 1/21/60.)
(1) Vacancy on Executive Board
A bylaw which provides that, "In the event a vacancy exists on the Executive Board, the successor shall be the person who received the next highest vote but was not elected," is invalid. (Chicago, 6/4/45, Page 60.)
(2) Military Service Member's Eligibility for Office
No member can be disqualified as a candidate for Executive Office in a Local Union by reason of her/his absence in military service. (Chicago, 6/4/45, Pages 60-61.)
(3) Executive Officers Entering Armed Services
An Executive Officer of a Local entering the military service continues to hold her/his office for the tenure of the term for which s/he was elected. When an Executive Officer of the Local enters the military service, the selection of a substitute to perform the duties of her/his office during her/his absence and until her/his return shall be by the same election procedure applicable in cases of vacancies in Local Union offices. (Chicago, 6/4/44, Pages 60-61.)
(4) Vacancies Arising Between Election and Installation
Where between the time of her/his election and her/his installation a Board Member-at-Large leaves the jurisdiction of her/his Local Union, the Local Union may provide that such vacancy shall be filled temporarily by the candidate who received the next highest vote but who was not elected. Such temporary Board Member may serve only until the next membership meeting or special meeting called by the Local Union or the unit organization, as the case may be, for the purpose of electing a Board Member to fill such vacancy. (Detroit, 8/5/46, Pages 102-103.)
(5) Election to Fill Vacancies
It is mandatory that vacancies in all Local Union offices, except the office of President, be promptly filled by election in accordance with provisions for elections in Article 38, Section 2, calling for due notice. It is not sufficient that the Executive Board recommend names to fill the vacancy unless such procedure is only meant to fill the vacancy pending the holding of the election. (Louisville, 3/17/47, Pages 140-141.)
(6) Vice-Chairperson of a Unit Does Not Automatically Succeed the Chairperson
The provisions of this Section of the Constitution do not automatically apply to Vice-Chairpersons of units in Amalgamated Local Unions. It is only applicable where units have a specific provision in their bylaws providing for the Vice-Chairperson to fill the office of Chairperson in case of vacancy. (Detroit, 1/24/50, Pages 116-118.)
ARTICLE 40 Duties of Local Union Officers
(1) Supervision of Local Union Clerical Help
The maintenance of the Local Union office is under the President's jurisdiction, and s/he employs such office help as is required, subject to the approval of the Local Union's Executive Board. When any of the office employees are performing duties at the direction and on behalf of any of the Executive Officers in connection with their official duties, such employees are under the supervision of such Executive Officer or Officers until such time as the duties are completed. (New York City, 3/5/45, Pages 38-39.)
(2) President Not Officer of Unit
The President of an Amalgamated Local is elected on a local-wide basis, and therefore s/he is not an officer of her/his unit. (Detroit, 8/5/46, Page 97.)
(3) President Not Ex Officio Member of Election or Trial Committee
The provision in this Section which provides that the President of the Local Union "shall be a member ex officio of all committees" does not operate to make the Local Union President a member of a Local Union Trial Committee or a Local Union Election Committee. Trial Committees and Election Committees exist for specific and definite purposes, and unlike standing committees of the Local, they have nothing to do with the general administration of the Local Union. (Detroit, 8/5/46, Page 102.)
(1) Tapes Not Official Records of Local Union Membership or Executive Board Meetings
Under this section the Recording Secretary is required to prepare and keep a correct record of the proceedings of the Local Union and present same for approval at a subsequent meeting. Accordingly, only the prescribed minutes of the Recording Secretary shall be considered as the official record of the Local Union Membership and Executive Board Meetings. Tapes used in membership and Local Union Executive Board meetings may not be considered as the official records of such meetings. (Detroit, 1/31/74, Pages 223-224.)
ARTICLE 42 Opening and Closing Ceremonies
Where Local Union Bylaws provide for a quorum at membership meetings and a quorum is present at the beginning of the meeting and during the course of the meeting the attendance drops below the quorum mark, the business of the meeting may continue to be transacted until someone challenges the presence of a quorum. All business that is transacted to the point where the quorum is challenged is legal and no business can be transacted after the presence of a quorum is challenged. (1/7/55, Pages 122.-123)
ARTICLE 45 Stewards and Committeepersons
(1) Eligibility for Committeeperson as Affected by Unlawful Discharge
Where a Committeeperson is discharged by management and her/his grievance is pending, s/he remains a member of her/his Local and unit and, if otherwise eligible, may run for re-election or other office in such unit or Local or for Convention Delegate. And where pending the outcome of her/his grievance s/he finds temporary employment elsewhere her/his membership in her/his original Local is not affected and s/he need not transfer to the Local having jurisdiction over her/his new workplace. The new Local should issue to her/him a work permit. (Detroit, 1/22/46, Pages 177-178.)
(2) Eligibility of Retired Members to Run for Local Union Offices
Retired members are ineligible to run for any local union position which carries responsibility for grievances and/or bargaining required by the Collective Bargaining Agreement(s) or local union bylaws. (Las Vegas, 6/1/02).
(1) Bargaining Committeepersons Cannot be Appointed
Bargaining Committeepersons must be elected. Where individuals have been elected in one capacity this does not constitute election to serve in another capacity. Hence it is improper for the Bargaining Committee of a unit of an Amalgamated Local to be selected from the officers of the unit even though a motion to that effect has been voted at a meeting of the unit membership. It likewise is improper for a Unit Chairperson to appoint a Bargaining Committee from the elected Committeepersons or Stewards of the unit, subject to membership approval, even though the unit has voted her/him such authority. (Detroit, 8/5/46, Page 98.)
(1) Recall of Stewards and/or Committeepersons Elected on Workplace-Wide Basis
Where a Local Union or a unit of an Amalgamated Local Union elects Stewards and/or Committeepersons under Section 2 of this Article on a workplace-wide basis and such Stewards and/or Committeepersons are assigned to districts after their election, they may be recalled in accordance with the procedures established by the Local Union by members of the district they represent by assignment; however, such recall by a district does not serve to remove them as Committeepersons and/or Stewards since they were elected workplace-wide. If such Stewards and/or Committeepersons are recalled by their district the Local Union shall assign them to another district or they may be recalled by the membership electing them in accordance with the procedures of the Constitution and those established by the Local Union. (Detroit, 12/6/62, Pages 204-205.)
(2) Recall of Committeeperson Who as Such is Member of Executive Board
A Committeeperson who is elected by the membership at large and by virtue of such election is also a member of the Executive Board can be recalled in accordance with the provision in Article 45, Section 3. (Louisville, 3/17/47, Page 98.)
(3) Recall of Steward or Committeeperson
In the recall vote of any Steward or Committeepersons, any member of the Union may vote who works in the geographical district which the Steward or Committeeperson represents (whether this district be the workplace as a whole or a department.) Such voting to take place at a meeting called for specific purpose of recall, after due notice of the meeting has been given to all members working in that geographical district pursuant to Article 45, Section 3. (Buffalo, 9/8/47, Pages 69-71.)
(4) Stewards and Committeepersons
Once a petition to recall a Steward or Committeeperson is initiated, it must be completed and deposited with the Local Union President and/or Recording Secretary, or in the case of an Amalgamated Local Union the unit Chairperson and/or unit Secretary, within forty-five (45) days of such date.
If the petition is invalid or the meeting called for the purpose of recall decides not to recall the Steward or Committeeperson, then no further petition citing the same specific complaint may be deemed valid until one (1) year has elapsed from the date of such action or decision, unless the one (1) year time limit is waived by the International Union President due to unusual and compelling circum stances.
If multiple or frivolous petitions are filed involving the same Steward or Committeeperson, the Local Union Executive Board, or in the case of an Amalgamated Local Union the unit workplace organization, may declare the petition invalid and may appeal the matter directly to the Office of the International President for a ruling as to validity. (12/17/80.)
(1) Separate Skilled Trades Representation -- Limits Voting and Candidacy
Where separate skilled trades representation is granted to a Local Union to elect Stewards and/or Committeepersons from appropriate groups (as specified in Article 19, Section 3), the right to vote for or run for the position of Steward and/or Committeeperson representing such separate group, shall be limited to those who are members of such groups. Members of such groups may not be a candidate in any other group except the one so specified. (Black Lake, 6/10/71.)
ARTICLE 46 Local Union Finances
(1) Necessary Expenses
A Local Union cannot expend funds to grant gifts or gratuities to the general membership of the Local Union. Such expenditures cannot be considered "necessary expenses" within the meaning of this Section of the Constitution. (1/10/56, Pages 69-72.)
ARTICLE 48 Local Union Audits
(1) Local Union Executive Board Required to Hold Hearing for Collecting Non-Dues Money
Where it is claimed that a member owes non-dues money to the Union, this Section requires that no action may be taken against the member unless a fair hearing is held and a determination made thereon. If the non-dues money is owed to the Local Union, such hearing should be held by the Local Union Executive Board, after sufficient notice has been given to the member or members involved. In cases where such non-dues money is owed to the International Union, a hearing shall be held by the International Union by qualified representatives, selected by the International President. (Black Lake, 6/2/72, Pages 191-194.)
ARTICLE 50 Strikes
(1) Strike Vote in Corporation Councils
Where Corporation Councils covered by a master agreement instruct Local Unions to take strike votes, it is mandatory to take such strike votes and that part of Article 50, Section 1, requiring a prior vote shall be covered by the vote of the Corporation Council. (Detroit, 5/12/48.)
ARTICLE 55 Retirees
(1) Retired Workers Chapter Member Transfers
Where a member of a Local Union is transferred from one Local Union to another, under a corporate collective bargaining agreement and upon retirement is desirous of returning to her/his original Local Union to establish membership and participate in the activities of the Retired Workers Chapter, such member may do so with the understanding that her/his membership rights in her/his original Local Union would be limited to the Retired Workers Chapter and not in the Local Union according to Article 6, Section 19, of the International Constitution. While participating in the Retired Workers Chapter only, s/he may hold Retired Workers Chapter office, but may not be a candidate, nor be elected as the retiree representative on the Local Union Executive Board. Where a retired member has been transferred under the above circumstances and returns to her/his original Local Union within one (1) year, s/he may exercise full member ship rights, both in the Local Union and the Chapter in accordance with Article 6, Section 19 of the International Constitution. (Detroit, 5/8/73, Pages 27-28.)
(2) Retired Worker Transfers between Local Unions
Where a member is retired from her/his Local Union in accordance with Article 6, Section 19, and desires to participate in a Retired Workers Chapter other than her/his own Local Union, such retired member may do so upon application to the Retired Workers Chapter to which s/he wishes to transfer and if such application is approved by affirmative action of the membership of that Retired Workers Chapter, her/his retiree membership may be transferred.
Such membership in the new Retired Workers Chapter will be limited to the Retired Workers Chapter only and s/he would have no membership rights in the new Local Union in accordance with Article 6, Section 19. Her/His rights of participation would be limited to the Retired Workers Chapter. S/He may hold office in the Retired Workers Chapter, but would not be entitled to be a candidate for, or elected to the Retired Workers Chapter position on the Local Union Executive Board. (Detroit, 5/8/73, Pages 28-29.)
(1) Retired Member on Local Union Executive Board Restricted to Administrative Matters in Local Union
The retired member elected to the Local Union Executive Board by the Local Union Retired Workers Chapter shall have voice and vote as provided in this Article and Section on all administrative matters presented to the Local Union Executive Board except those matters specifically restricted for retiree participation in Article 6, Section 19 of the International Constitution. (Detroit, 4/6/67, Pages 165- 166.)
(1) Retired Supervisors May be Eligible for Membership in Retired Workers Chapters
A member who becomes a supervisor and retires as such may become a member of a Local Union Retired Workers Chapter provided (1) s/he holds an honorable withdrawal transfer card; (2) s/he makes application for membership and is voted to membership by affirmative action of the Chapter; and (3) pays to the Chapter the two dollar ($2.00) per month dues requirement which, under these circumstances, would be mandatory. (Detroit, 4/6/67, Pages 165-166.)